Summary of Original VersionCreate a new section of KRS Chapter 39A to provide liability protection for owners of premises during a declared emergency; amend KRS 39A.020 to define terms used; amend KRS 39A.070 and 39A.090 to conform; amend KRS 39A.280 to refine the immunity of the state, private persons, volunteers, professional engineers and architects, and persons providing essential services during an emergency; EFFECTIVE MARCH 6, 2020, for Sections 1, 2, and 5 of the Act; EMERGENCY.
Summary of Amendment: Senate Committee Substitute 1Summary
Create a new section of KRS Chapter 39A to provide liability protection for owners of premises during the SARS-COV-2 pandemic, set the time limit within which a claim for personal injury must be brought, and specify the liability for essential services providers, and define what is an "essential service"; amend KRS 39A.020 to define "declared emergency", "disaster", and "executive action"; amend KRS 39A.070 and 39A.090 to conform; amend 39A.280 to refine the immunity of the state, private persons, volunteers, professional engineers and architects, and persons providing essential services during an emergency; EFFECTIVE MARCH 6, 2020, for Section 1 of the ACT; Repeal of Section 1 effective December 31, 2023; EMERGENCY.
Summary of Amendment: Senate Floor Amendment 1 -- D. YatesSummary
Delete immunity from requirement to protect from risks associated with the SARS-COV-2 virus or the declared emergency.
Summary of Amendment: Senate Floor Amendment 2 -- D. YatesSummary
Ensure that the Act is not interpreted to limit liability relating to non-COVID-SARS-2 motor vehicle accidents.
Summary of Amendment: Senate Floor Amendment 3 -- A. SouthworthSummary
Delete definitions for "executive action" and "health care providers".
Summary of Amendment: Senate Floor Amendment 4 -- A. SouthworthSummary
Remove definition of "executive action" and other changes to definitions for KRS Chapter 39A; delete conforming statutes KRS 39A.070 and 39A.090; delete changes to KRS 39A.270 that specify those businesses that may remain open during an emergency.
Summary of Amendment: Senate Floor Amendment 5 -- A. SouthworthSummary
Specify that the owner of a premises is not liable for damage to property caused by the SARS-COV-2 virus.
Summary of Amendment: Senate Floor Amendment 6 -- R. StiversSummary
Require that claims involving damage to real property related to the SARS-COV-2 pandemic be brought within the time set out in KRS 413.120.
Summary of Amendment: Senate Floor Amendment 7 -- R. StiversSummary
Require that claims involving damage to real property related to the SARS-COV-2 pandemic be brought within the time set out in KRS 413.120; clarify the protection afforded essential workers.
Summary of Amendment: Senate Floor Amendment 8 -- R. StiversSummary
Include distributors of medical or personal protective equipment as essential services providers.
Summary of Amendment: Senate Floor Amendment 9 -- R. StiversSummary
Amend KRS 39A.270 specifying that the Governor or General Assembly may designate which services are essential during an emergency.
Summary of Amendment: House Committee Substitute 1Summary
Create a new section of KRS Chapter 39A to provide liability protection for owners of premises during the SARS-COV-2 pandemic, set the time limit within which a claim for personal injury must be brought; specify the liability for essential services providers, and define what is an "essential service"; amend KRS 39A.020 to define "declared emergency", "disaster", and "executive action"; provide that any person providing an essential service during the SARS-COV-2 pandemic shall be considered an agent of the Commonwealth; amend KRS 39A.070 and 39A.090 to conform; amend 39A.280 to refine the immunity of the state, private persons, volunteers, professional engineers and architects, and persons providing essential services during an emergency; EFFECTIVE MARCH 6, 2020, for Section 1 of the ACT; Repeal of Section 1 effective December 31, 2023; EMERGENCY.
Summary of Amendment: House Floor Amendment 1 -- K. BantaSummary
Retain original provisions; require person to act as an ordinary, reasonable, and prudent person.
Summary of Amendment: House Floor Amendment 2 -- C. StevensonSummary
Retain original provisions; and amend KRS 141.019 to allow the same treatment of unemployment compensation in accordance with Pub. L. No. 117-2, sec. 9042.
Summary of Amendment: House Floor Amendment 3 -- T. BojanowskiSummary
Provide funds for the Urgent Needs School Replacement and Renovation Fund; APPROPRIATION.
Summary of Amendment: House Floor Amendment 4 -- C. StevensonSummary
Retain original provisions; and amend KRS 141.019 to allow the same treatment of unemployment compensation in accordance with section 9042 of the American Rescue Plan Act of 2021; amend 21 RS HB 249/EN to remove the new language in Sections 29 and 30 and make conforming changes in section 31.
Summary of Amendment: House Floor Amendment 5 -- C. MasseySummary
Retain original provisions to create a new section of KRS Chapter 39A to provide liability protection for owners of premises during the SARS-COV-2 pandemic, set the time limit within which a claim for personal injury must be brought, specify the liability for essential service providers, and define what is an "essential service"; amend KRS 39A.020 to define "declared emergency", "disaster", and "executive action"; amend KRS 39A.070 and 39A.090 to conform; amend 39A.280 to refine the immunity of the state, private persons, volunteers, professional engineers and architects, and persons providing essential services during an emergency; provide definitions for additional terms including "COVID-19," "COVID-19 claim," and "arising from COVID-19"; and designate those businesses and providers deemed agents of the Commonwealth; EFFECTIVE MARCH 6, 2020, for Section 1 of the ACT; Repeal of Section 1 effective December 31, 2023; EMERGENCY.
Summary of Amendment: House Floor Amendment 6 -- C. MasseySummary
Retain original provisions to create a new section of KRS Chapter 39A to provide liability protection for owners of premises during the SARS-COV-2 pandemic, set the time limit within which a claim for personal injury must be brought, specify the liability for essential service providers, and define what is an "essential service"; amend KRS 39A.020 to define "declared emergency", "disaster", and "executive action"; amend KRS 39A.070 and 39A.090 to conform; amend 39A.280 to refine the immunity of the state, private persons, volunteers, professional engineers and architects, and persons providing essential services during an emergency; provide definitions for additional terms including "COVID-19," "COVID-19 claim," and "arising from COVID-19"; and designate those businesses and providers deemed agents of the Commonwealth; EFFECTIVE MARCH 6, 2020, for Section 1 of the ACT; Repeal of Section 1 effective December 31, 2023; EMERGENCY.
Statutes affected: Introduced: 39A.020, 39A.070, 39A.090, 39A.280
Acts Chapter 205: 39A.020, 39A.070, 39A.090, 39A.270, 39A.280
Senate Committee Substitute 1: 39A.020, 39A.070, 39A.090, 39A.270, 39A.280
House Committee Substitute 1: 39A.020, 39A.070, 39A.090, 39A.270, 39A.280
Current: 39A.020, 39A.070, 39A.090, 39A.270, 39A.280