{"id":"DUT-AR-013","kind":"duty","level":"state","jurisdiction":"Arkansas","state":"AR","metro":"","industry":"","agency":"","eco":"","issuer":"General Assembly of Arkansas, 93rd General Assembly (HB 1487, Rep. Gonzales; Sen. Gilmore); approved by Governor Asa Hutchinson","authority":"Legislative power; adds Ark. Code Ann. 16-120-1101 to 16-120-1106","instrument":"Act 559 of 2021 (HB 1487), Coronavirus 2019 (COVID-19) Tort Immunity","title":"An Act Concerning Business Liability for a Person Exposed to Coronavirus 2019 (COVID-19); to Declare an Emergency; and for Other Purposes (Ark. Code Ann. 16-120-1101 to -1106)","dateIssued":"2021-04-05","effective":"2021-04-05","end":"2023-05-01 (sec. 2: \u0027This act expires on May 1, 2023\u0027)","startDate":"2021-04-05","endDate":"2023-05-01","quarters":["2021Q2","2021Q3"],"types":["COND","EMP"],"addressees":["specified businesses: every person, entity, business, institution or organization owning or operating premises or managing an activity (\u0027Person\u0027 defined in 16-120-1102(2)); their employees, agents and officers"],"clause":"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 \u0026 Medicaid Services concerning COVID-19","enforcement":"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","functions":[],"notes":"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 \u0027Arkansas business owners are fearful of opening their businesses or of keeping businesses open... because of the threat of litigation\u0027.","sourceUrl":"https://arkleg.state.ar.us/Home/FTPDocument?path=/ACTS/2021R/Public/ACT559.pdf","snapshot":"","fileExists":true,"fileBytes":235564,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-AR","url":"/library/DUT-AR-013","exhibitUrl":"/exhibit/DUT-AR-013","citation":"General Assembly of Arkansas, 93rd General Assembly (HB 1487, Rep. Gonzales; Sen. Gilmore); approved by Governor Asa Hutchinson, Act 559 of 2021 (HB 1487), Coronavirus 2019 (COVID-19) Tort Immunity (Apr. 5, 2021) (Ex. DUT-AR-013)","stateName":"Arkansas","related":["AR-006"]}