The COVID Project
The record
- Jurisdiction
- Kentucky
- Level
- State
- Authority
- Ky. Const. secs. 29, 88; new section of KRS ch. 39A
- Issued
- 2021-04-11 Apr. 11, 2021
- Effective
- 2021-04-11 (emergency clause, sec. 7); Section 1 retroactive to March 6, 2020 (sec. 8) (read as 2021-04-11)
- End
- Section 1 repealed effective December 31, 2023 (sec. 10) (read as 2023-12-31)
- In force
- Apr. 11, 2021 to Dec. 31, 2023
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding dutyOther
- Addressees
- owners: the possessor of a fee simple, reversionary or easement interest, a tenant, lessee, occupant or person in control of any premises, and his or her employees and agents; essential service providers as defined
- Character
- liability shield condition
- Collection
- Standing duties: Kentucky DUT-KY
Operative words
an owner who follows any executive action to prevent the spread of COVID-19 during the COVID-19 declared emergency and either directly or indirectly invites or permits another person to enter the owner's premises... does not:... (c) Assume responsibility, or incur liability, for any alleged injury, loss, or damage to persons or property arising from a COVID-19 claim.
Penalty
none (loss of the shield: an owner who did not follow the executive actions owes the ordinary duties of care and faces the ordinary tort remedies)
What it required
Conditioned the premises owner's protection from COVID-19 claims on following 'any executive action to prevent the spread of COVID-19,' defined as 'All orders and guidelines related to a COVID-19 declared emergency issued by the Governor or any state agency, the President of the United States or any federal agency, or a local governmental agency' and 'Industry-specific guidelines related to a COVID-19 declared emergency adopted by a state agency that govern the industry' (sec. 1(1)(d)), while excluding 'informal or indefinite statements or recommendations' (sec. 1(1)(e)); withheld protection for gross negligence or wanton, willful, malicious or intentional misconduct (sec. 1(3)); preserved KRS chapter 338 (sec. 1(4)(d)); and shielded 'essential service providers' (the EO 2020-257 categories, health care providers, schools, child care, funeral directors, local governments, PPE manufacturers) from COVID-19 claims (sec. 1(8)-(9)).
Retrieval noteEnrolled text (21 RS SB 5/EN). Enactment data from the LRC bill page: '04/11/21: became law without Governor's Signature (Acts Ch. 205)'. Sections 2-6 amend KRS 39A.020,.070,.090,.270 and.280 to substitute 'executive action' for 'order' and to conform the emergency-worker immunity. The 2020 shield for health care providers and PPE producers is in 2020 SB 150 sec. 1 (Ex. KY-012).