60-5504 Immunity for persons or agents thereof conducting business in this state; COVID-19 claims; expiration of section.
60-5504. Immunity for persons or agents thereof conducting business in this state; COVID-19 claims; expiration of section. (a) Notwithstanding any other provision of law, a person, or an agent of such person, conducting business in this state shall be immune from liability in a civil action for a COVID-19 claim if such person was acting […]
60-5301 Citation of act.
60-5301. Citation of act. K.S.A. 2021 Supp. 60-5301 through 60-5305, and amendments thereto, shall be known and may be cited as the Kansas preservation of religious freedom act. History: L. 2013, ch. 47, § 5; July 1.
60-5505 Immunity related to qualified products; product liability claims; conditions.
60-5505. Immunity related to qualified products; product liability claims; conditions. Notwithstanding any other provision of law, a person who designs, manufactures, labels, sells, distributes, provides or donates a qualified product in response to the COVID-19 public health emergency shall be immune from liability in a civil action alleging a product liability claim arising out of […]
60-5302 Definitions.
60-5302. Definitions. As used in the Kansas preservation of religious freedom act: (a) “Burden” means any government action that directly or indirectly constrains, inhibits, curtails or denies the exercise of religion by any person or compels any action contrary to a person’s exercise of religion, and includes, but is not limited to, withholding benefits, assessing […]
60-5506 Covered facilities; affirmative defense to liability in a civil action for COVID-19 claims.
60-5506. Covered facilities; affirmative defense to liability in a civil action for COVID-19 claims. (a) Notwithstanding any other provision of law, 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 […]
60-5303 Exercise of religion; burden of proof; remedies.
60-5303. Exercise of religion; burden of proof; remedies. (a) Government shall not substantially burden a person’s civil right to exercise of religion even if the burden results from a rule of general applicability, unless such government demonstrates, by clear and convincing evidence, that application of the burden to the person: (1) Is in furtherance of […]
60-5507 Effect of act; limitations.
60-5507. Effect of act; limitations. Nothing in the COVID-19 response and reopening for business liability protection act: (a) Creates, recognizes or ratifies a claim or cause of action of any kind; (b) eliminates a required element of any claim; (c) affects workers’ compensation law, including the exclusive application of such law; or (d) amends, repeals, […]
60-5304 Exercise of religion; compelling governmental interest.
60-5304. Exercise of religion; compelling governmental interest. In determining whether a compelling governmental interest is sufficient to justify a substantial burden on a person’s exercise of religion pursuant to K.S.A. 2021 Supp. 60-5303, and amendments thereto, only those interests of the highest order and not otherwise served can overbalance the fundamental right to the exercise […]
60-5508 Retroactivity.
60-5508. Retroactivity. (a) The provisions of K.S.A. 2021 Supp. 60-5504, 60-5505 and 60-5507, and amendments thereto, shall apply retroactively to any cause of action accruing on or after March 12, 2020. (b) The provisions of K.S.A. 2021 Supp. 60-5506, and amendments thereto, and the amendments made to K.S.A. 2021 Supp. 60-5506 by section 2 of […]
60-5305 Construction of act.
60-5305. Construction of act. (a) Nothing in this act shall be construed to: (1) Impair the fundamental right of every parent to control the care and custody of such parent’s minor children, including, but not limited to, control over education, discipline, religious and moral instruction, health, medical care, welfare, place of habitation, counseling and psychological […]