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AN ACT relating to emergencies and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 39A.090 is amended to read as follows: 3
(1) The Governor may make, amend, and rescind any executive actions as deemed 4
necessary to carry out the provisions of KRS Chapters 39A to 39F. 5
(2) (a) Executive orders, administrative regulations, or other directives issued under 6
this chapter by the Governor shall be in effect no longer than two hundred 7
seventy (270)[thirty (30)] days unless an extension, modification, or 8
termination is approved by the General Assembly prior to the extension of any 9
executive order or directive that: 10
1. Places restrictions on the in-person meeting or places restrictions on the 11
functioning of the following: 12
a. Elementary, secondary, or postsecondary educational institutions; 13
b. Private businesses or nonprofit organizations; 14
c. Political, religious, or social gatherings; 15
d. Places of worship; or 16
e. Local governments; or 17
2. Imposes mandatory quarantine or isolation requirements. 18
(b) All other executive orders, administrative regulations, or directives that are 19
not described in paragraph (a) of this subsection may exceed two hundred 20
seventy (270) days[thirty (30) days if requested by a chief executive officer or 21
a legislative body of a local government only for that local government and 22
only for the period of time requested by the chief executive officer or a 23
legislative body. The chief executive officer or a legislative body may make a 24
written request for extensions or early termination of the executive order]. 25
(3) Upon the expiration of an executive order or other directive described in subsection 26
(2)(a) of this section declaring an emergency or other implementation of powers 27 UNOFFICIAL COPY 22 RS BR 1699
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under this chapter, the Governor shall not declare a new emergency or continue to 1
implement any of the powers enumerated in this chapter based upon the same or 2
substantially similar facts and circumstances as the original declaration or 3
implementation without the prior approval of the General Assembly. 4
[(4) The General Assembly, by joint resolution, may terminate a declaration of 5
emergency at any time. 6
(5) The Commonwealth waives immunity for prospective equitable and declaratory 7
relief only, under the Eleventh Amendment to the Constitution of the United States 8
for cases brought against it in federal jurisdictions pursuant to KRS 446.350 during 9
emergencies declared under KRS Chapters 39A to 39F. No award of monetary 10
damages, costs, or attorney fees is waived or authorized under this subsection.] 11
Section 2. KRS 39A.100 is amended to read as follows: 12
(1) In the event of the occurrence or threatened or impending occurrence of any of the 13
situations or events enumerated in KRS 39A.010, 39A.020, or 39A.030, the 14
Governor may declare, in writing, that a state of emergency exists. The Governor 15
shall have and may exercise the following emergency powers during the period in 16
which the state of emergency exists: 17
(a) To enforce all laws, and administrative regulations relating to disaster and 18
emergency response and to assume direct operational control of all disaster 19
and emergency response forces and activities in the Commonwealth; 20
(b) To require state agencies and to request local governments, local agencies, and 21
special districts to respond to the emergency or disaster in the manner 22
directed; 23
(c) To seize, take, or condemn property, for the duration of the emergency, and 24
only for public use as defined in KRS 416.675, excluding firearms and 25
ammunition, components of firearms and ammunition, or a combination 26
thereof, for the protection of the public or at the request of the President, the 27 UNOFFICIAL COPY 22 RS BR 1699
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Armed Forces, or the Federal Emergency Management Agency of the United 1
States, including: 2
1. All means of transportation and communication; 3
2. All stocks of fuel of whatever nature; 4
3. Food, clothing, equipment, materials, medicines, and all supplies; and 5
4. Facilities, including buildings and plants. 6
Compensation for property seized, taken, or condemned under this paragraph 7
shall be determined using the process in KRS 416.540 to 416.670 to 8
determine value; 9
(d) To sell, lend, give, or distribute any of the property under paragraph (c) of this 10
subsection among the inhabitants of the Commonwealth and to account to the 11
State Treasurer for any funds received for the property; 12
(e) To make compensation for the property seized, taken, or condemned under 13
paragraph (c) of this subsection; 14
(f) To exclude all nonessential, unauthorized, disruptive, or otherwise 15
uncooperative personnel from the scene of the emergency, and to command 16
those persons or groups assembled at the scene to disperse. A person who 17
refuses to leave an area in which a written order of evacuation has been issued 18
in accordance with a written declaration of emergency or a disaster may be 19
forcibly removed to a place of safety or shelter, or may, if this is resisted, be 20
arrested by a peace officer. Forcible removal or arrest shall not be exercised as 21
options until all reasonable efforts for voluntary compliance have been 22
exhausted; 23
(g) To declare curfews and establish their limits; 24
(h) To prohibit or limit the sale or consumption of goods, in the event of a 25
shortage of goods, excluding firearms and ammunition, components of 26
firearms and ammunition, or a combination thereof, or commodities for the 27 UNOFFICIAL COPY 22 RS BR 1699
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duration of the emergency; 1
(i) To grant emergency authority to pharmacists pursuant to KRS 315.500, for the 2
duration of the emergency; 3
(j) To request any assistance from agencies of the United States as necessary and 4
appropriate to meet the needs of the people of the Commonwealth; 5
(k) Upon the recommendation of the Secretary of State, to declare by executive 6
order a different time or place for holding elections in an election area for 7
which a state of emergency has been declared for part or all of the election 8
area. The election shall be held within thirty-five (35) days from the date of 9
the suspended or delayed election. The executive order shall remain in effect 10
until the date of the suspended or delayed election regardless of the time 11
limitations in KRS 39A.090 and shall not be changed except by action of the 12
General Assembly. The State Board of Elections shall establish procedures for 13
election officials to follow. Any procedures established under this paragraph 14
shall be subject to the approval of the Secretary of State and the Governor by 15
respective executive orders; and 16
(l) Except as prohibited by this section or other law, to perform and exercise 17
other functions, powers, and duties deemed necessary to promote and 18
secure the safety and protection of the civilian population[to take action 19
necessary to execute those powers enumerated in paragraphs (a) to (k) of this 20
subsection]. 21
(2) [Within thirty (30) days of a declared emergency, and every thirty (30) days 22
thereafter, the Governor shall report to the General Assembly, if in session, or to the 23
Legislative Research Commission if the General Assembly is not in session, on a 24
form provided by the Commission detailing: 25
(a) All expenditures relating to contracts issued during the emergency under KRS 26
45A.085 or 45A.095, or under any provision for which a state agency does not 27 UNOFFICIAL COPY 22 RS BR 1699
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solicit bids or proposals for a contract; and 1
(b) All revenues received from the federal government in response to the declared 2
emergency, any expenditures or expenditure plan for the federal funds by 3
federal program, the state agency or program that was allocated the federal 4
funds, and any state fund expenditures required to match the federal funds. 5
(3) ]In the event of the occurrence or threatened or impending occurrence of any of the 6
situations or events contemplated by KRS 39A.010, 39A.020, or 39A.030, which in 7
the judgment of a local chief executive officer is of such severity or complexity as 8
to require the exercise of extraordinary emergency measures, the county 9
judge/executive of a county other than an urban-county government, or mayor of a 10
city or urban-county government, or chief executive of other local governments or 11
their designees as provided by ordinance of the affected county, city, or urban-12
county may declare in writing that a state of emergency exists, and thereafter, 13
subject to any orders of the Governor, shall have and may exercise for the period as 14
the state of emergency exists or continues, the following emergency powers: 15
(a) To enforce all laws and administrative regulations relating to disaster and 16
emergency response and to direct all local disaster and emergency response 17
forces and operations in the affected county, city, urban-county, or charter 18
county; 19
(b) To exclude all nonessential, unauthorized, disruptive, or uncooperative 20
personnel from the scene of the emergency, and to command persons or 21
groups of persons at the scene to disperse. A person who refuses to leave an 22
area in which a written order of evacuation has been issued in accordance with 23
a written declaration of emergency or a disaster may be forcibly removed to a 24
place of safety or shelter, or may, if this is resisted, be arrested by a peace 25
officer. Forcible removal or arrest shall not be exercised as options until all 26
reasonable efforts for voluntary compliance have been exhausted; 27 UNOFFICIAL COPY 22 RS BR 1699
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(c) To declare curfews and establish their limits; 1
(d) To order immediate purchase or rental of, contract for, or otherwise procure, 2
without regard to procurement codes or budget requirements, the goods and 3
services essential for protection of public health and safety or to maintain or to 4
restore essential public services; and 5
(e) To request emergency assistance from any local government or special district 6
and, through the Governor, to request emergency assistance from any state 7
agency and to initiate requests for federal assistance as are necessary for 8
protection of public health and safety or for continuation of essential public 9
services. 10
(3)[(4)] Nothing in this section shall be construed to allow any governmental entity to 11
restrict the free exercise of religion, to abridge the freedom of speech or the press, 12
or to abridge the right to peaceably assemble or petition the government for a 13
redress of grievances[impose additional restrictions on: 14
(a) The lawful possession, transfer, sale, transport, carrying, storage, display, or 15
use of firearms and ammunition or components of firearms and ammunition; 16
(b) The right of the people to exercise free speech, freedom of the press, to 17
petition their government for redress of injuries, or to peaceably assemble; or 18
(c) The right of the people to worship, worship in person, or to act or refuse to act 19
in a manner motivated by a sincerely held religious belief. 20
(5) Nothing in this section shall be construed to allow any governmental entity to 21
impose restrictions on the right of the people to: 22
(a) Peaceably assemble; or 23
(b) Worship, worship in person, or to act or refuse to act in a manner motivated 24
by a sincerely held religious belief]. 25
Section 3. KRS 39A.180 is amended to read as follows: 26
(1) The political subdivisions of the state and other agencies designated or appointed by 27 UNOFFICIAL COPY 22 RS BR 1699
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the Governor may make, amend, and rescind orders and promulgate administrative 1
regulations necessary for disaster and emergency response purposes, and to 2
supplement the carrying out of the provisions of this chapter, if not inconsistent 3
with any orders or administrative regulations promulgated by the Governor or by 4
any state agency exercising a power delegated to it by the Governor. 5
(2) (a) All written orders and administrative regulations promulgated by the 6
Governor, the director, or by any political subdivision or other agency 7
authorized by KRS Chapters 39A to 39F to make orders and promulgate 8
administrative regulations, shall have the full force of law and, if promulgated 9
as administrative regulations, shall follow the requirements for promulgating 10
administrative regulations under KRS Chapter 13A. All written orders 11
authorized by KRS Chapters 39A to 39F shall be filed with the Legislative 12
Research Commission. All existing laws, ordinances, and administrative 13
regulations inconsistent with KRS Chapters 39A to 39F, or any order or 14
administrative regulation issued under the authority of KRS Chapters 39A 15
to 39F, shall be suspended during the period of time and to the extent that 16
the conflict exists. 17
(b) [The Governor may suspend a statute by executive order when an emergency 18
is declared under this chapter if: 19
1. The statute is specifically enumerated by the Governor in the executive 20
order; and 21
2. The executive order specifying the suspension is approved by the 22
Attorney General in writing. 23
(c) ]A statute suspension authorized in paragraph (a)[(b)] of this subsection shall 24
only be in effect while the emergency executive order is in effect. 25
[(d) Any existing administrative regulation that conflicts with a written order 26
issued under this chapter shall be amended, withdrawn, or repealed in 27 UNOFFICIAL COPY 22 RS BR 1699
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accordance with KRS Chapter 13A to conform with the written order. 1
(e) When a written order ends, any administrative regulation promulgated under 2
the authority of this section shall: 3
1. Become void; and 4
2. Be withdrawn, amended, or repealed in accordance with KRS Chapter 5
13A.] 6
(3) Notwithstanding subsection (2) of this section, the Governor shall not suspend any 7
laws in KRS Chapters 39A to 39F, Chapter 13A, 446.350, 527.020, 311.710 to 8
311.820, or any other statutes related to abortion. 9
(4) The law enforcement authorities of the state and of its counties, urban-counties, 10
charter counties, and cities shall enforce the written orders and administrative 11
regulations issued pursuant to KRS Chapters 39A to 39F. 12
Section 4. KRS 214.020 is amended to read as follows: 13
(1) When the Cabinet for Health and Family Services determines that an infectious or 14
contagious disease will invade this state, it shall take necessary action and 15
promulgate administrative regulations under KRS Chapter 13A to prevent the 16
introduction or spread of such infectious or contagious disease or diseases within 17
this state. 18
(2) Any administrative regulation promulgated under the authority of this section shall: 19
(a) [Be in effect no longer than thirty (30) days if the administrative regulation: 20
1. Places restrictions on the in-person meeting or functioning of the 21
following: 22
a. Elementary, secondary, or postsecondary educational institutions; 23
b. Private businesses or non-profit organizations; 24
c. Political, religious, or social gatherings; 25
d. Places of worship; or 26
e. Local governments; or 27 UNOFFICIAL COPY 22 RS BR 1699
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2. Imposes mandatory quarantine or isolation requirements; 1
(b) ]Include the penalty, appeal, and due process rights for violations of the 2
administrative regulation; and 3
(b)[(c)] Contain the public hearing and written comment period notice required 4
by KRS 13A.270. 5