WHEREAS, the first case of severe acute respiratory syndrome coronavirus 2 (“COVID-19”) in the State of Missouri was identified on March 7, 2020, and an emergency declaration in response to the spread of COVID-19 was made on March 13, 2020; and
WHEREAS, since the first case of COVID-19 was identified in Missouri, health care providers from across the state have altered their practices and operations in order to respond to COVID-19, and have provided exceptional care to patients in a rapidly-changing and challenging environment; and
WHEREAS, manufacturers and businesses from across the state have been instrumental in helping the State of Missouri respond to COVID-19, including modifying their operations to provide equipment that has been difficult to obtain from out-of-state suppliers, and remaining open to customers to ensure that citizens can access basic goods and services; and
WHEREAS, health care providers, manufacturers, businesses, and numerous other entities should not be legally penalized for their efforts to help respond to a declared emergency; and
WHEREAS, other fundamental functions of society, such as schools, churches, non-profit organizations, and government must be able to continue to operate in an environment where they can properly serve the public without risk of unnecessary and frivolous litigation; and
WHEREAS, due to COVID-19, the General Assembly was only able to meet in limited fashion during the Second Regular Session of the One Hundredth General Assembly; and
WHEREAS, additional immediate legislative measures must be taken to provide for the economic recovery from COVID-19 by providing liability protection to health care providers, manufacturers, business owners, churches, schools, and nonprofit organizations, among others.
NOW THEREFORE, on the extraordinary occasion that exists in the State of Missouri:
I, MICHAEL L. PARSON, GOVERNOR OF THE STATE OF MISSOURI, pursuant to the authority vested in me as Governor by the Constitution of the State of Missouri, do, hereby amend the matters specifically designated and limited for consideration by the General Assembly in my October 21, 2020 Proclamation to add to those matters the following additional specifically designated and limited matters. The additional specifically designated and limited matters on which the action of the General Assembly is deemed necessary is as follows:
- To enact legislation amending Section 44.045, RSMo to provide liability protection for health care providers who provide care as necessitated by a declared state of emergency;
- To add a new section to Chapter 537, RSMo to provide products liability protection for any person who designs, manufactures, labels, sells, distributes, or donates products in direct response to a declared state of emergency;
- To add a new section to Chapter 537, RSMo to provide premises liability protection for exposure claims related to a declared state of emergency; and
- To add an Emergency Clause to all legislation enacted by the One Hundredth General Assembly, of the State of Missouri in the Second Extra Session of the Second Regular Session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 12th day of November, 2020.
[Michael L. Parson's signature]
MICHAEL L. PARSON
[Jay Ashcroft's signature]
JOHN R. ASHCROFT
SECRETARY OF STATE