Representative Mark Hart has filed BR 234 which would allow small business the ability to seek damages against the state as a result of an executive order related to emergency orders. Here is what the bill description says it would do.
Create a new section of KRS Chapter 39A to define "emergency order" and "small business"; to allow a small business owner adversely effected by an emergency order to bring an action against the Commonwealth for lost income, loss of going concern, or fees and costs if the temporary or partial closure of the business would not have occurred but for compliance with an emergency order; to place the burden of proving the loss is due to the emergency order upon the business owner; to require actions be commenced within 1 year of the expiration of the emergency order that resulted in the closure of the business.
We here at KLR certainly support small business, and they should have the right to recourse against the state for any damages the state caused them. Many small business are hurting while BIG BOX Corporations are prospering during this pandemic. The Governor has chosen economic winners and losers, and the winners are big business, and the losers are the mom and pop shops. We hope to see this bill pass this legislative session as well as many other executive power reform.