Kentucky Statutes 39A.090 – Executive actions — Time limit on directives issued by Governor — Extensions and modifications — Approval and termination by General Assembly — Waiver of immunity
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(1) The Governor may make, amend, and rescind any executive actions as deemed necessary to carry out the provisions of KRS Chapters 39A to 39F.
(2) (a) Executive orders, administrative regulations, or other directives issued under this chapter by the Governor shall be in effect no longer than thirty (30) days unless an extension, modification, or termination is approved by the General Assembly prior to the extension of any executive order or directive that:
1. Places restrictions on the in-person meeting or places restrictions on the functioning of the following:
a. Elementary, secondary, or postsecondary educational institutions;
b. Private businesses or nonprofit organizations;
c. Political, religious, or social gatherings;
d. Places of worship; or e. Local governments; or
2. Imposes mandatory quarantine or isolation requirements.
(b) All other executive orders, administrative regulations, or directives that are not described in paragraph (a) of this subsection may exceed thirty (30) days if requested by a chief executive officer or a legislative body of a local government only for that local government and only for the period of time requested by the chief executive officer or a legislative body. The chief executive officer or a legislative body may make a written request for extensions or early termination of the executive order.
(3) Upon the expiration of an executive order or other directive described in subsection (2)(a) of this section declaring an emergency or other implementation of powers under this chapter, the Governor shall not declare a new emergency or continue to implement any of the powers enumerated in this chapter based upon the same or substantially similar facts and circumstances as the original declaration or implementation without the prior approval of the General Assembly.
(4) The General Assembly, by joint resolution, may terminate a declaration of emergency at any time.
(5) The Commonwealth waives immunity for prospective equitable and declaratory relief only, under the Eleventh Amendment to the Constitution of the United States for cases brought against it in federal jurisdictions pursuant to KRS
446.350 during emergencies declared under KRS Chapters 39A to 39F. No award of monetary damages, costs, or attorney fees is waived or authorized under this subsection.
Effective:April 11, 2021
History: Amended 2021 Ky. Acts ch. 6, sec. 2, effective February 2, 2021; and ch.
205, sec. 4, effective April 11, 2021. — Created 1998 Ky. Acts ch. 226, sec. 8, effective July 15, 1998.
Legislative Research Commission Note (4/11/2021). This statute was amended
by 2021 Ky. Acts. chs. 6 and 205, which do not appear to be in conflict and have been codified together.
(2) (a) Executive orders, administrative regulations, or other directives issued under this chapter by the Governor shall be in effect no longer than thirty (30) days unless an extension, modification, or termination is approved by the General Assembly prior to the extension of any executive order or directive that:
Terms Used In Kentucky Statutes 39A.090
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Statute: A law passed by a legislature.
1. Places restrictions on the in-person meeting or places restrictions on the functioning of the following:
a. Elementary, secondary, or postsecondary educational institutions;
b. Private businesses or nonprofit organizations;
c. Political, religious, or social gatherings;
d. Places of worship; or e. Local governments; or
2. Imposes mandatory quarantine or isolation requirements.
(b) All other executive orders, administrative regulations, or directives that are not described in paragraph (a) of this subsection may exceed thirty (30) days if requested by a chief executive officer or a legislative body of a local government only for that local government and only for the period of time requested by the chief executive officer or a legislative body. The chief executive officer or a legislative body may make a written request for extensions or early termination of the executive order.
(3) Upon the expiration of an executive order or other directive described in subsection (2)(a) of this section declaring an emergency or other implementation of powers under this chapter, the Governor shall not declare a new emergency or continue to implement any of the powers enumerated in this chapter based upon the same or substantially similar facts and circumstances as the original declaration or implementation without the prior approval of the General Assembly.
(4) The General Assembly, by joint resolution, may terminate a declaration of emergency at any time.
(5) The Commonwealth waives immunity for prospective equitable and declaratory relief only, under the Eleventh Amendment to the Constitution of the United States for cases brought against it in federal jurisdictions pursuant to KRS
446.350 during emergencies declared under KRS Chapters 39A to 39F. No award of monetary damages, costs, or attorney fees is waived or authorized under this subsection.
Effective:April 11, 2021
History: Amended 2021 Ky. Acts ch. 6, sec. 2, effective February 2, 2021; and ch.
205, sec. 4, effective April 11, 2021. — Created 1998 Ky. Acts ch. 226, sec. 8, effective July 15, 1998.
Legislative Research Commission Note (4/11/2021). This statute was amended
by 2021 Ky. Acts. chs. 6 and 205, which do not appear to be in conflict and have been codified together.