The COVID Project
The record
- Jurisdiction
- Arkansas
- Level
- State
- Authority
- Legislative power; adds Ark. Code Ann. 16-120-1101 to 16-120-1106
- Issued
- 2021-04-05 Apr. 5, 2021
- Effective
- 2021-04-05
- End
- 2023-05-01 (sec. 2: 'This act expires on May 1, 2023') (read as 2023-05-01)
- In force
- Apr. 5, 2021 to May 1, 2023
- Quarters
- 2021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesOperating condition
- Addressees
- specified businesses: every person, entity, business, institution or organization owning or operating premises or managing an activity ('Person' defined in 16-120-1102(2)); their employees, agents and officers
- Character
- liability shield condition
- Collection
- Standing duties: Arkansas DUT-AR
Operative words
It is presumed that a person... is not committing willful, reckless, or intentional misconduct under this subchapter if the person... is: (1) Substantially complying with health and safety directives or guidelines issued by the Governor, the Secretary of the Department of Health, the Centers for Disease Control and Prevention, and the Centers for Medicare & Medicaid Services concerning COVID-19
Penalty
None; loss of the presumption (and exposure to suit for willful, reckless or intentional misconduct) for a business not substantially complying with the directives or guidelines
What it required
Grants immunity from civil liability for COVID-19 exposure on business premises or during managed activities (16-120-1103) except for willful, reckless or intentional misconduct (16-120-1105), and presumes the absence of such misconduct only for a business substantially complying with, or in good faith attempting to comply with, the health and safety directives or guidelines of the Governor, the Secretary of Health, the CDC and CMS (16-120-1106), making compliance with those instruments the standard of care; the emergency clause finds that 'Arkansas business owners are fearful of opening their businesses or of keeping businesses open... because of the threat of litigation'.
Retrieval noteCodifies and extends EO 20-33 of June 15, 2020 (Ex. AR-006), which carried the same presumption for compliance with the Governor's and the Secretary's directives or guidelines from June 15, 2020 to May 30, 2021; the Act adds the CDC and CMS to the list of sources whose guidelines set the standard.