SB 5 — AN ACT relating to emergencies and declaring an emergency.

UNOFFICIALCHAPTER COPY205 211 RSCHAPTER 205 ( SB 5/EN5 ) AN ACT relating to emergencies and declaring an emergency.

(c) "COVID-19 claim" means any claim or cause of action for an act or omission arising from COVID-19COVID- that accrued on or after the date the emergency was declared on March 6, 2020, and until the emergency declaration is withdrawn, revoked, or lapses;

and Page 1 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN 2.

(h) "Person" has the same meaning as in KRS 446.010, any other profit or Page 2 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN nonprofit institution or legal entity, and any employer or employee;

ACTS OF THE GENERAL ASSEMBLY (i) "Political subdivision" has the same meaning as "governmental entity" in KRS 341.069;

and (j) "Premises" means:

Page 3 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN (3) Nothing in this section limits any liability of an owner for gross negligence, or wanton, willful, malicious, or intentional misconduct.

(9) The following businesses and service providers shall be deemed essential service Page 4 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN providers and shall be considered an agent of the Commonwealth of Kentucky for the limited purpose of providing essential services arising from COVID-19:

CHAPTER 205 3 1.

Page 5 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN As used in KRS Chapters 39A to 39F, unless the context requires otherwise:

(7) "Declared emergency" means any incident or situation declared to be an emergency, disaster, or catastrophe by executive order of the Governor, or a county Page 6 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN judge/executive, or a mayor, or the chief executive of other local governments in the Commonwealth pursuant to the provisions of KRS Chapters 39A to 39F;

ACTS OF THE GENERAL ASSEMBLY (8) "Director" means the director of the Division of Emergency Management of the Department of Military Affairs;

(10) "Disaster and emergency response" means the performance of all emergency functions, other than war-related functions for which military forces are primarily responsible, including,including,[,] but not limited to:

(12) "Emergency" means any incident or situation which poses a major threat to public Page 7 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN safety so as to cause, or threaten to cause, loss of life, serious injury, significant damage to property, or major harm to public health or the environment and which a local emergency response agency determines is beyond its capabilities;

(15)[(14)] "Local disaster and emergency services organization" means that organization of public and private entities developed to carry out the multiagency disaster and emergency response of a city, county, urban-countyurban- county or charter county pursuant to KRS Chapters 39A to 39F;

(16)[(15)] "Local emergency management agency" means the agency created, operated, and maintained to coordinate the local comprehensive emergency management program and disaster and emergency response of a city, county, and urban-county or Page 8 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN charter county government pursuant to KRS Chapters 39A to 39F;

CHAPTER 205 5 (1) To represent the Governor on all matters pertaining to the comprehensive emergency management program and the disaster and emergency response of the Commonwealth;

(3) To promulgate administrative regulations and issue orders, directives, standards, rules, procedures, guidance, or recommended practices necessary to coordinate the development, administration, organization,operation,organization, operation, implementation, and maintenance of the statewide comprehensive emergency management program and the integrated emergency management system of the Commonwealth;

(5) To supervise the development and maintenance of the Kentucky Emergency Page 9 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN Operations Plan, and to review and give concurrence to local emergency operations plans required pursuant to KRS Chapters 39A to 39F;

(6) To coordinate the comprehensive emergency management program of the Commonwealth with the emergency management or other emergency response-response-related related programs of the federal government, and of other states, to the fullest appropriate extent;

Page 10 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN (11) To employ measures and give directions to the state or local boards of health as necessary for the purpose of securing compliance with the provisions of KRS Chapters 39A to 39F, or with the findings or recommendations of the boards of health, because of conditions arising from disasters, emergency situations, national security emergencies, or the threat thereof;

ACTS OF THE GENERAL ASSEMBLY (14) To sponsor and develop mutual aid plans and agreements among the urban-county or charter county governments, counties, cities, and other political subdivisions and special districts of the Commonwealth, similar to the mutual aid arrangements with other states referred to in subsection (13) of this section;

(15) To procure motor vehicles, radio and telecommunications equipment, protective Page 11 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN clothing, safety equipment, and other necessary supplies and materials to meet the emergency response, operational, and administrative needs of the division;

100-707,100- 707, the Robert T.

tests and Page 12 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN exercises, warnings, and signals for drills or other emergency response activities and the mechanical devices to be used in connection with these;

(3) During the actual happening or any part of the response phase of a disaster or declared emergency, the Governor or the General Assembly may, by executive action, legislation, or administrative regulation promulgated under KRS Chapter Page 13 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN 13A, declare which of the following services, if any, are essential:

CHAPTER 205 7 (b) Individuals and businesses that are engaged in conduct, business, or an activity that otherwise constitutes a critical infrastructure sector as determined by the United States Department of Homeland Security's Cybersecurity and Infrastructure Security Agency, or its successor;

nor shall the Page 14 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN provision of or failure to provide these services be deemed to create a special relationship or duty towards any person upon which an action in negligence or other tort might be founded.

(b) When a state or local emergency management agency, or local emergency management agency-supervisedagency- supervised operating unit officially affiliated with a local disaster and emergency services organization, does undertake to respond to a disaster or other emergency, the failure to provide the same level or manner of service, or equivalent availability or allocation of resources as may or could be provided, shall not be a breach of any duty to persons affected by that disaster or other emergency.

(d) A state or local emergency management agency, or local emergency management agency-supervised operating unit officially affiliated with a local disaster and emergency services organization, in undertaking disaster and emergency preparedness or prevention activities including inspections, or in undertaking to respond to a disaster or other emergency, shall not have voluntarily assumed any special duty with respect to any risks which were not created or caused by it, nor with respect to any risks which might have existed even in the absence of that activity or response, nor shall any person have a Page 15 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN right to rely on such an assumption of duty.

ACTS OF THE GENERAL ASSEMBLY (3) Subject to subsection (6) of this section, neither the state nor any political subdivision of the state nor, except in cases of gross negligence,negligence or wanton, willful, malicious, or intentional[willful] misconduct[, gross negligence, or bad faith], the employees, agents, or representatives of the state or any of its political divisions, nor any volunteer or auxiliary emergency management agency or disaster and emergency services organization member or disaster and emergency response worker or member of any agency engaged in any emergency management or disaster and emergency services or disaster and emergency response activity, complying with or reasonably attempting to comply with this chapter or any executive action[order] or administrative regulation promulgated pursuant to the Page 16 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN provisions of this chapter, or other [precautionary ]measures enacted by any city or[of] the state, shall be liable for the death of or injury to persons, or for damage to property, as a result of that activity.[ The immunity provided by this subsection shall not apply to the extent that the state, a political subdivision of the state, or a person or organization maintains liability insurance or self-insurance for an act or omission covered by this subsection.

To the extent that the state, a political subdivision of the state, or a person or an organization maintains liability insurance or self-insurance, sovereign immunity shall not be claimed with regard to an act or omission covered by this subsection.] (4) Decisions of the director, his subordinates or employees, a local emergency management director, or the local director's subordinates or employees, a rescue chief or the chief's subordinates, concerning the allocation and assignment of personnel and equipment, and the strategies and tactics used, shall be the exercise of a discretionary, policy function for which neither the officer nor the state, county, urban-county, charter county, or city, or local emergency management agency-agency-supervised supervised operating unit formally affiliated with a local disaster and emergency services organization, shall be held liable in the absence of gross negligence,negligence or wanton, willful, malicious, or intentional misconduct[malice or bad faith], even when those decisions are made rapidly in response to the exigencies of an emergency.

(5) Any person owning or controlling real estate or other premises who [voluntarily and without compensation ]grants a license or privilege, or otherwise permits the designation or use of the whole or any part of the real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice disaster or emergency, together with his or her successors in interest, shall not be civilly liable for negligently causing the death of, or injury to, any person on or about the real estate or premises for loss of, or damage to, the property of that Page 17 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN person.[ The immunity provided by this subsection shall not apply to the extent that the state, a political subdivision of the state, or a person or organization maintains liability insurance or self-insurance for an act or omission covered by this subsection.

(8) (a) [Notwithstanding subsections (3) and (6) of this section, ]A licensed professional engineer as defined in KRS 322.010 or an architect licensed under KRS Chapter 323, who [voluntarily and without compensation Page 18 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN ]provides architectural, structural, electrical, mechanical, or other professional services at the scene of a declared emergency, disaster, or catastrophe, shall not be liable for any personal injury, wrongful death, property damage, or other loss of any nature related to the licensed professional engineer's or licensed architect's acts, errors, or omissions in the performance of the services carried out:

CHAPTER 205 9 b.

(b) Nothing in this subsection shall provide immunity for gross negligence,negligence or wanton, willful, or intentional misconduct.

Whereas the need for the citizens of Kentucky who are providing essential services during the COVID-19 pandemic, or who are taking precautions to protect and rehabilitate the Kentucky economy, to immediately be protected from unnecessary legal action is a compelling and immediate requirement, an emergency is Page 19 of 20 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 5/EN declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.

This Act shall not be interpreted to limit liability for non-COVID-non-COVID-19 19 related motor vehicle accidents, including those negligent acts under the Motor Vehicle Reparations Act.

PageBecame 20law ofwithout 20Governor's XXXXsignature EngrossedApril 12, 2021.