Signed by Governor Laura Kelly

Vote Smart's Synopsis:

Vote to pass a bill that exempts businesses and other organizations from legal liability related to the COVID-19 pandemic.

Highlights:

• Defines "COVID-19 claim" as any claim for damages, losses, indemnification, contribution, or other relief arising out of or based on exposure or potential exposure to COVID-19. "COVID-19 claim" includes a claim made by or on behalf of any person who has been exposed or potentially exposed to COVID-19, or any representative, spouse, parent, child, or other relatives of such person, for injury, including mental or emotional injury, death or loss to person, risk of disease or other injury, costs of medical monitoring or surveillance, or other losses allegedly caused by the person's exposure or potential exposure to COVID-19 (Sec. 1-3.c).

• Defines "product liability claim" as any strict liability, ordinary negligence or implied warranty claim or action brought for harm caused by the manufacture, production, making, construction, fabrication, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, storage or labeling of the relevant product (Sec. 1-3.i).

• Classifies "public health directives" as any of the following that is required by law to be followed related to public health and COVID-19 (Sec. 1-3.j):

• State statutes, rules and regulations or executive orders issued by the governor and amendments thereto;

• Federal statutes or regulations from federal agencies, including the United States Centers for Disease Control and Prevention and the Occupational Safety and Health Administration of the United States Department of Labor; or

• Any lawful order or proclamation issued under the authority of the Kansas Emergency Management Act, and amendments thereto, by a board of county commissioners, the governing body of a city, or a local health officer.

• Establishes a covered facility is immune from liability in a civil action for damages, for a COVID-19 claim if such facility was in substantial compliance with public health directives applicable to the activity giving rise to the cause of action when the cause of action accrued (Sec. 2).

• Specifies the provisions of this section does not apply to civil liability when it is established that the act, omission, or decision giving rise to the cause of action constituted gross negligence or willful, wanton, or reckless conduct (Sec. 2-2.c).

• Establishes amendments to this law will not apply to civil liability when it is established that the act, omission, or decision giving rise to the cause of action constituted gross negligence or willful, wanton or reckless conduct (Sec. 3.b).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that exempts businesses and other organizations from legal liability related to the COVID-19 pandemic.

Highlights:

• Defines "COVID-19 claim" as any claim for damages, losses, indemnification, contribution, or other relief arising out of or based on exposure or potential exposure to COVID-19. "COVID-19 claim" includes a claim made by or on behalf of any person who has been exposed or potentially exposed to COVID-19, or any representative, spouse, parent, child, or other relatives of such person, for injury, including mental or emotional injury, death or loss to person, risk of disease or other injury, costs of medical monitoring or surveillance, or other losses allegedly caused by the person's exposure or potential exposure to COVID-19 (Sec. 1-3.c).

• Defines "product liability claim" as any strict liability, ordinary negligence or implied warranty claim or action brought for harm caused by the manufacture, production, making, construction, fabrication, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, storage or labeling of the relevant product (Sec. 1-3.i).

• Classifies "public health directives" as any of the following that is required by law to be followed related to public health and COVID-19 (Sec. 1-3.j):

• State statutes, rules and regulations or executive orders issued by the governor and amendments thereto;

• Federal statutes or regulations from federal agencies, including the United States Centers for Disease Control and Prevention and the Occupational Safety and Health Administration of the United States Department of Labor; or

• Any lawful order or proclamation issued under the authority of the Kansas Emergency Management Act, and amendments thereto, by a board of county commissioners, the governing body of a city, or a local health officer.

• Establishes a covered facility is immune from liability in a civil action for damages, for a COVID-19 claim if such facility was in substantial compliance with public health directives applicable to the activity giving rise to the cause of action when the cause of action accrued (Sec. 2).

• Specifies the provisions of this section does not apply to civil liability when it is established that the act, omission, or decision giving rise to the cause of action constituted gross negligence or willful, wanton, or reckless conduct (Sec. 2-2.c).

• Establishes amendments to this law will not apply to civil liability when it is established that the act, omission, or decision giving rise to the cause of action constituted gross negligence or willful, wanton or reckless conduct (Sec. 3.b).

Full Bill Text