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AN ACT relating to the emergency powers of the Governor. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 39A.100 is amended to read as follows: 3
(1) In the event of the occurrence or threatened or impending occurrence of any of the 4
situations or events enumerated in KRS 39A.010, 39A.020, or 39A.030, the 5
Governor may declare, in writing, that a state of emergency exists. The Governor 6
shall have and may exercise the following emergency powers during the period in 7
which the state of emergency exists: 8
(a) To enforce all laws, and administrative regulations relating to disaster and 9
emergency response and to assume direct operational control of all disaster 10
and emergency response forces and activities in the Commonwealth; 11
(b) To require state agencies and to request local governments, local agencies, 12
and special districts to respond to the emergency or disaster in the manner 13
directed; 14
(c) [To seize, take, or condemn property, for the duration of the emergency, and 15
only for public use as defined in KRS 416.675, excluding firearms and 16
ammunition, components of firearms and ammunition, or a combination 17
thereof, for the protection of the public or at the request of the President, the 18
Armed Forces, or the Federal Emergency Management Agency of the United 19
States, including: 20
1. All means of transportation and communication; 21
2. All stocks of fuel of whatever nature; 22
3. Food, clothing, equipment, materials, medicines, and all supplies; and 23
4. Facilities, including buildings and plants, but excluding houses of worship, 24
except to the extent that such houses have become unsafe to a degree that 25
would justify condemnation in the absence of a state of emergency. 26
Compensation for property seized, taken, or condemned under this paragraph 27 UNOFFICIAL COPY 23 RS BR 1223
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shall be determined using the process in KRS 416.540 to 416.670 to 1
determine value; 2
(d) To sell, lend, give, or distribute any of the property under paragraph (c) of this 3
subsection among the inhabitants of the Commonwealth and to account to the 4
State Treasurer for any funds received for the property; 5
(e) To make compensation for the property seized, taken, or condemned under 6
paragraph (c) of this subsection; 7
(f)] To exclude all nonessential, unauthorized, disruptive, or otherwise 8
uncooperative personnel from the immediate scene of the emergency, and to 9
command those persons or groups assembled at the scene to disperse. A 10
person who refuses to leave an area in which a written order of evacuation has 11
been issued in accordance with a written declaration of emergency or a 12
disaster may be forcibly removed to a place of safety or shelter, or may, if this 13
is resisted, be arrested by a peace officer. Forcible removal or arrest shall not 14
be exercised as options until all reasonable efforts for voluntary compliance 15
have been exhausted; 16
[(g) To declare curfews and establish their limits; 17
(h) To prohibit or limit the sale or consumption of goods, in the event of a 18
shortage of goods, excluding firearms and ammunition, components of 19
firearms and ammunition, or a combination thereof, or commodities for the 20
duration of the emergency;] 21
(d)[(i)] To grant emergency authority to pharmacists pursuant to KRS 315.500, 22
for the duration of the emergency; and 23
(e)[(j)] To request any assistance from agencies of the United States as 24
necessary and appropriate to meet the needs of the people of the 25
Commonwealth[; 26
(k) Upon the recommendation of the Secretary of State, to declare by executive 27 UNOFFICIAL COPY 23 RS BR 1223
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order a different time or place for holding elections in an election area for 1
which a state of emergency has been declared for part or all of the election 2
area. The election shall be held within thirty-five (35) days from the date of 3
the suspended or delayed election. The executive order shall remain in effect 4
until the date of the suspended or delayed election regardless of the time 5
limitations in KRS 39A.090 and shall not be changed except by action of the 6
General Assembly. The State Board of Elections shall establish procedures for 7
election officials to follow. Any procedures established under this paragraph 8
shall be subject to the approval of the Secretary of State and the Governor by 9
respective executive orders; and 10
(l) Except as prohibited by this section or other law, to take action necessary to 11
execute those powers enumerated in paragraphs (a) to (k) of this subsection]. 12
(2) Within thirty (30) days of a declared emergency, and every thirty (30) days 13
thereafter, the Governor shall report to the General Assembly, if in session, or to the 14
Legislative Research Commission if the General Assembly is not in session, on a 15
form provided by the Commission detailing: 16
(a) All expenditures relating to contracts issued during the emergency under KRS 17
45A.085 or 45A.095, or under any provision for which a state agency does not 18
solicit bids or proposals for a contract; and 19
(b) All revenues received from the federal government in response to the declared 20
emergency, any expenditures or expenditure plan for the federal funds by 21
federal program, the state agency or program that was allocated the federal 22
funds, and any state fund expenditures required to match the federal funds. 23
(3) In the event of the occurrence or threatened or impending occurrence of any of the 24
situations or events contemplated by KRS 39A.010, 39A.020, or 39A.030, which in 25
the judgment of a local chief executive officer is of such severity or complexity as 26
to require the exercise of extraordinary emergency measures, the county 27 UNOFFICIAL COPY 23 RS BR 1223
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judge/executive of a county other than an urban-county government, or mayor of a 1
city or urban-county government, or chief executive of other local governments or 2
their designees as provided by ordinance of the affected county, city, or urban-3
county may declare in writing that a state of emergency exists, and thereafter, 4
subject to any orders of the Governor, shall have and may exercise for the period as 5
the state of emergency exists or continues, the following emergency powers: 6
(a) To enforce all laws and administrative regulations relating to disaster and 7
emergency response and to direct all local disaster and emergency response 8
forces and operations in the affected county, city, urban-county, or charter 9
county; 10
(b) To exclude all nonessential, unauthorized, disruptive, or uncooperative 11
personnel from the immediate scene of the emergency, and to command 12
persons or groups of persons at the scene to disperse. A person who refuses to 13
leave an area in which a written order of evacuation has been issued in 14
accordance with a written declaration of emergency or a disaster may be 15
forcibly removed to a place of safety or shelter, or may, if this is resisted, be 16
arrested by a peace officer. Forcible removal or arrest shall not be exercised as 17
options until all reasonable efforts for voluntary compliance have been 18
exhausted; 19
(c) [To declare curfews and establish their limits; 20
(d)] To order immediate purchase or rental of, contract for, or otherwise procure, 21
without regard to procurement codes or budget requirements, the goods and 22
services essential for protection of public health and safety or to maintain or 23
to restore essential public services; and 24
(d)[(e)] To request emergency assistance from any local government or special 25
district and, through the Governor, to request emergency assistance from any 26
state agency and to initiate requests for federal assistance as are necessary for 27 UNOFFICIAL COPY 23 RS BR 1223
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protection of public health and safety or for continuation of essential public 1
services. 2
(4) Nothing in this section shall be construed to allow any governmental entity to 3
impose additional restrictions on: 4
(a) The lawful possession, transfer, sale, transport, carrying, storage, display, or 5
use of firearms and ammunition or components of firearms and ammunition; 6
(b) The right of the people to exercise free speech, freedom of the press, to 7
petition their government for redress of injuries, or to peaceably assemble; 8
[or] 9
(c) The right of the people to worship, worship in person, or to act or refuse to act 10
in a manner motivated by a sincerely held religious belief; or[. 11
(5) Nothing in this section shall be construed to allow any governmental entity to 12
impose restrictions on the right of the people to:] 13
(d)[(a)] The right of the people to peaceably assemble[; or 14
(b) Worship, worship in person, or to act or refuse to act in a manner motivated 15
by a sincerely held religious belief]. 16
(6) (a) A governmental entity shall not prohibit or restrict a religious organization 17
from operating or engaging in religious services during a declared emergency 18
to the same or any greater extent than other organizations or businesses that 19
provide essential services necessary and vital to the health and welfare of the 20
public are prohibited or restricted. 21
(b) Paragraph (a) of this subsection shall not prohibit the Governor from requiring 22
religious organizations to comply with neutral health, safety, or occupancy 23
requirements that are applicable to all organizations and businesses that 24
provide essential services. However, no health, safety, or occupancy 25
requirement may impose a substantial burden on a religious organization or its 26
services unless applying the burden to the religion or religious service in the 27 UNOFFICIAL COPY 23 RS BR 1223
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particular instance is essential to further a compelling governmental interest 1
and is the least restrictive means of furthering that compelling governmental 2
interest. 3
(c) A governmental entity shall not take any discriminatory action against a 4
religious organization. 5
(7) As used in this section: 6
(a) "Discriminatory action" includes any action taken by a governmental entity 7
wholly or partially on the basis that such organization is religious, operates or 8
seeks to operate during a state of emergency, or engages in the exercise of 9
religion as protected under the First Amendment to the Constitution of the 10
United States to: 11
1. Adversely alter in any way the tax treatment of, cause any tax, penalty, 12
or payment to be assessed against, or deny, delay, or otherwise make 13
unavailable an exemption from taxation; 14
2. Disallow, deny, or otherwise make unavailable a deduction for state tax 15
purposes of any charitable contribution made to or by a religious 16
organization; 17
3. Impose, levy, or assess a monetary fine, fee, civil or criminal penalty, 18
damages award, or injunction; or 19
4. Withhold, reduce, exclude, terminate, adversely alter the terms or 20
conditions of, or otherwise make unavailable or deny any: 21
a. State grant, contract, subcontract, cooperative agreement, 22
guarantee, loan, scholarship, or other similar benefit from or to a 23
religious organization; 24
b. Entitlement or benefit under a state benefit program from or to a 25
religious organization; or 26
c. License, certification, accreditation, recognition, or other similar 27 UNOFFICIAL COPY 23 RS BR 1223
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benefit, position, or status from or to any religious organization; 1
(b) "Governmental entity" means: 2
1. The Commonwealth or any of its political subdivisions; 3
2. Any agency of the state described in KRS 12.020; 4
3. Any person acting under color of state law; and 5
4. Any private person suing under or attempting to enforce a law, rule, or 6
administrative regulation adopted by the state or any of its political 7
subdivisions; 8
(c) "Religious organization" means: 9
1. A house of worship, including churches, synagogues, shrines, mosques, 10
and temples; 11
2. A religious group, corporation, association, educational institution, 12
ministry, order, society, or similar entity, regardless of whether it is 13
integrated or affiliated with a church or other house of worship; or 14
3. Any officer, owner, employee, manager, religious leader, clergy, or 15
minister of an entity or organization described in this paragraph; and 16
(d) "Religious services" means a meeting, gathering, or assembly of two (2) or 17
more persons organized by a religious organization for the purpose of 18
worship, teaching, training, providing educational services, conducting 19
religious rituals, or other activities that are deemed necessary by the religious 20
organization for the exercise of religion. 21
(8) A religious organization may assert a violation of subsection (4)(c)[, (5)(b),] or (6) 22
of this section as a claim against a governmental entity in any judicial or 23
administrative proceeding or as a defense in any judicial or administrative 24
proceeding without regard to whether the proceeding is brought by or in the name 25
of the governmental entity, any private person, or any other party. Sovereign, 26
governmental, and qualified immunity are waived to the extent of liability created 27 UNOFFICIAL COPY 23 RS BR 1223
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under this section. An action asserting a violation of this section may be 1
commenced, and relief may be granted, without regard to whether the religious 2
organization commencing the action has sought or exhausted administrative 3
remedies. 4
(9) Remedies available to a religious organization under this section against a 5
governmental entity include: 6
(a) Declaratory relief; 7
(b) Injunctive relief to prevent or remedy a violation of this section or the effects 8
of such violation; 9
(c) Compensatory damages for pecuniary and nonpecuniary losses; 10
(d) Reasonable attorneys' fees and costs; and 11
(e) Any other appropriate relief. 12
(10) Remedies available to a religious organization under this section against a person 13
not acting under color of state law shall be limited to declaratory and injunctive 14
relief. 15
(11) This section: 16
(a) Shall be construed in favor of a broad protection of free exercise of religion; 17
(b) Shall be in addition to the protections provided under state and federal laws 18
and constitutions. Nothing in this section shall be construed to: 19
1. Preempt or repeal any state law or local ordinance that is equally or 20
more protective of free exercise of religion; or 21
2. Narrow the meaning or application of any state law or local ordinance 22
protecting free exercise of religion; and 23
(c) Applies to, and in cases of conflict, supersedes: 24
1. Each statute of the Commonwealth that infringes upon the free exercise 25
of religion protected by this section, unless a conflicting statute is 26
expressly made exempt from the application of this section; and 27 UNOFFICIAL COPY 23 RS BR 1223
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2. Any ordinance, rule, administrative regulation, order, opinion, decision, 1
practice, or other exercise of a governmental entity's authority that 2
infringes upon the free exercise of religion protected by this section. 3
(12) A religious organization shall bring an action to assert a claim under this section no 4
later than two (2) years from the date the person knew or should have known that a 5
discriminatory action or other violation of this section was taken against that 6
religious organization. 7
Section 2. KRS 117.015 is amended to read as follows: 8
(1) There shall be a State Board of Elections that is an independent agency of state 9
government, which shall administer the election laws of the state and supervise 10
registration and purgation of voters within the state. The board: 11
(a) May promulgate administrative regulations necessary to properly carry out its 12
duties; and 13
(b) [Shall promulgate administrative regulations establishing a procedure for 14
elections officials to follow when an election has been suspended or delayed 15
as described in KRS 39A.100; and 16
(c)] Shall be prohibited from accepting any private monetary funds for election 17
administration unless accepted as a part of a valid contract for goods and 18
services. 19
(2) The State Board of Elections shall consist of the following: 20
(a) The Secretary of State, who shall be: 21
1. A nonvoting member, except in cases of casting a determinative vote, if 22
a vote taken by the board would otherwise result in a tie; 23
2. The chief election official for the Commonwealth; and 24
3. The chair of the board who shall preside at the meetings of the board; 25
(b) Two (2) voting members appointed by the Governor as provided in subsection 26
(5) of this section; 27 UNOFFICIAL COPY 23 RS BR 1223
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(c) Six (6) voting members appointed by the Governor as provided in subsection 1
(4) of this section; and 2
(d) An executive director appointed in accordance with KRS 117.025 who is a 3
nonvoting member. 4
(3) The appointed members shall serve for a term of four (4) years or until their 5
successors are appointed. Members shall be at least twenty-five (25) years of age 6
and qualified voters of this state. No appointed member shall be a candidate for 7
public office or have been a candidate for public office for two (2) years prior to his 8
or her appointment, except as provided in subsection (2)(b) of this section. No 9
member of the board shall have been convicted of any election law offense. 10
(4) Two (2) members shall be appointed by the Governor from a separate list of at least 11
five (5) names submitted by the state central executive committee of each of the 12
two (2) political parties that polled the largest vote in the last preceding election for 13
state officials. The list shall be submitted to the Governor by February 15 of 1992, 14
and the appointments of the Governor shall be made by April 1 of the same year. 15
Two (2) separate lists shall be submitted to the Governor by August 15 of 1990 and 16
every four (4) years thereafter, and two (2) appointments shall be made from these 17
lists by September 15 of each year in which the lists are received. 18
(5) Two (2) members shall be appointed by the Governor from a separate list of at least 19
four (4) names submitted by the Kentucky County Clerk's Association of each of 20
the two (2) political parties that polled the largest vote in the last preceding regular 21
election for state officials. Each of the two (2) members appointed under this 22
subsection shall be former county clerks. The lists required under this subsection 23
shall be submitted to the Governor by July 15, 2019, and every four (4) years 24
thereafter. The appointments made by the Governor under this subsection shall be 25
made by August 15, 2019, and every four (4) years thereafter. 26
(6) Vacancies shall be filled in the same manner as provided for original appointments, 27 UNOFFICIAL COPY 23 RS BR 1223
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and the person appointed to fill the vacancy shall be of the same political party as 1
his or her predecessor. 2
(7) The board shall meet as often as necessary to carry out its duties and shall keep a 3
record of its acts, orders, findings, and proceedings. A majority of the board shall 4
constitute a quorum. 5
(8) The members of the board shall be paid a reasonable sum to be fixed by the 6
secretary of the Personnel Cabinet, with the approval of the secretary of the Finance 7
and Administration Cabinet, and in addition, their expenses in attending board 8
meetings. The compensation shall be paid out of the State Treasury upon requisition 9
signed by the chair of the board and approved by the secretary of the Finance and 10
Administration Cabinet. 11
Section 3. KRS 117.345 is amended to read as follows: 12
(1) The cost of all elections held in any county shall be allowed by the fiscal court or 13
legislative body of any urban-county government, charter county, consolidated 14
local government, or unified local government and paid by the county treasurer, 15
except as otherwise provided by law. 16
(2) When the cost of any election has been allowed by the fiscal court or legislative 17
body of any urban-county government, charter county, consolidated local 18
government, or unified local government and paid by the county treasurer, within 19
sixty (60) days following the date of the election, the county treasurer shall certify a 20
statement of the number of precincts in the county, the date, and kind of election to 21
the State Board of Elections[, including an election that was delayed or postponed 22
in accordance with KRS 39A.100]. The certification shall be filed within ninety 23
(90) days after the election. Upon receipt of the certification and upon being 24
satisfied as to the correctness thereof, the State Board of Elections shall issue its 25
warrant upon the State Treasurer in favor of the county treasurer for the amount of 26
two hundred fifty-five dollars ($255) for each precinct in the county. 27 UNOFFICIAL COPY 23 RS BR 1223
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(3) Payments to any county under the provisions of subsection (2) of this section shall 1
be terminated if and whenever it fails to renew a lease, contract, or lease and option 2
with the Finance and Administration Cabinet executed in connection with the 3
acquisition of voting systems by the cabinet for the use of the county; and payments 4
to any county shall be terminated whenever the county fails to pay any part of the 5
rentals required for any effective period of the lease or if a county board of 6
elections fails to provide training to precinct election officers required by KRS 7
117.187(2). As used in this subsection, "county" includes urban-county 8
government, charter county government, consolidated local government, and 9
unified local government. 10
Section 4. KRS 118.027 is amended to read as follows: 11
[Except as required by KRS 39A.100 related to the emergency powers granted to the 12
Governor and Secretary of State as to the time and place for holding elections, ]No 13
government official other than the General Assembly may suspend or revise any statute 14
pertaining to elections. 15