| Last Action | 03/15/21: taken from State & Local Government (S) |
|---|---|
| Title | AN ACT relating to emergencies and declaring an emergency. |
| Bill Documents |
Current/Final
Introduced |
| Bill Request Number | 1141 |
| Sponsors | S. Maddox, M. Hart, S. Baker, L. Bechler, J. Bray, J. Decker, R. Dotson, D. Fister, D. Frazier Gordon, R. Goforth, D. Hale, R. Huff, T. Huff, K. King, W. Lawrence, D. Lewis, M. Lockett, M. Prunty, F. Rabourn, S. Sheldon, B. Wesley |
| Summary of Original Version | Create a new section of KRS Chapter 48 to prohibit the use of governmental funds in contravention of the provisions of KRS Chapters 39A to 39F; amend KRS 39A.090 to apply emergency order limitations to executive orders issued under KRS Chapters 39A to 39F; amend KRS 39A.100 to require that emergency orders issued by the Governor be limited to 15 days, with extension only as provided by the General Assembly; require that emergency orders issued by a chief executive of a local government be limited to 15 days with extension only as provided by the legislative body of the local government; remove the ability of the Governor to change the manner of the election in an emergency; require the Governor to report to the General Assembly or the Legislative Research Commission every 30 days expenditures relating to contracts issued during the emergency and all revenues received from the federal government and their expenditure; allow the Governor to suspend a statute in an emergency only under certain conditions; place certain limitations on the issuance of an emergency executive order; define the burden of proof in actions for declaratory or injunctive relief to enforce the requirements; waive immunity for declaratory and prospective equitable relief under the Eleventh Amendment to the Constitution of the United States for cases brought under KRS 446.350 or to enforce the provisions in KRS 39A.100; prohibit the Governor from issuing an emergency executive order that imposes restrictions on freedom of speech, press, and religion; prohibit any governmental entity from using governmental funds in contravention of KRS 39A.100 or 194A.025; amend KRS 39A.180 removing authority for the Governor to suspend laws and administrative regulations during an emergency; amend KRS 39A.280 to specify immunity during a declared emergency; amend KRS 39A.990 to make a violation of Chapter 39A subject to a fine instead of a misdemeanor charge; amend KRS 39D.040 to exempt any officer whose vacancy is filled by the Constitution of Kentucky from the definition of "office" and specify that those officers are exempt from the provisions of filling an office during an emergency; amend KRS 315.500 to require any extension of the 30-day emergency supply of drugs be approved by the General Assembly; amend KRS 367.374 to conform; amend KRS 194A.025 to prohibit the secretary of health and family services from taking any action contrary to the requirements of KRS 39A.100; name the Act the "Ensuring Basic Checks and Balances and Basic Liberties During Emergencies Act"; provide a severability clause; EMERGENCY. |
| Index Headings of Original Version |
Diseases - Emergency orders, state and local governments, limitations on Effective Dates, Emergency - Emergency orders, criteria for, suit allowed for not following Elections and Voting - Primary, date of, emergency manner of voting, removal General Assembly - Emergency orders, approval or extension of Governor - Emergency orders, limitations on Local Government - Emergency orders, limitations on Public Authorities - Emergency orders, limitations on Civil Actions - Emergency orders, criteria for, suit allowed for not following Short Titles and Popular Names - Ensuring Basic Checks and Balances and Basic Liberties During Emergencies Act |
| Jump to Proposed Amendments | House Committee Substitute 1 |
| Votes | Vote History |
| 01/07/21 |
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| 01/09/21 |
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| 03/01/21 |
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| 03/02/21 |
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| 03/11/21 |
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| 03/12/21 |
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| 03/15/21 |
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| Amendment | House Committee Substitute 1 |
|---|---|
| Summary | Delete original provisions; amend KRS 39A.010 to specify the importance of properly delegated legislative authority in an emergency; amend KRS 39B.010 to specify that the local emergency management agencies shall be under the direction of the Governor when authorized under KRS 39A.100; amend KRS 211.025 to restrict the authority of the Cabinet for Health and Family Services in matters of public health; amend KRS 211.180 to require that the Cabinet for Health and Family Services promulgate administrative regulations in regulating diseases; EMERGENCY. |
| Index Headings |
Disasters - Emergencies, local emergency management, when directed by Governor under KRS 39A.100 Disasters - Emergency orders, governor, intent of legislature Diseases - Emergencies, local emergency management, when directed by Governor under KRS 39A.100 Diseases - Emergency orders, governor, intent of legislature General Assembly - Emergency orders, governor, intent of legislature Governor - Emergencies, local emergency management, when directed by Governor under KRS 39A.100 Local Government - Emergencies, local emergency management, when directed by Governor under KRS 39A.100 Public Authorities - Cabinet for Health and Family Services, diseases, action taken, administrative regulations required Public Authorities - Cabinet for Health and Family Services, diseases, actions restricted State Agencies - Cabinet for Health and Family Services, diseases, action taken, administrative regulations required State Agencies - Cabinet for Health and Family Services, diseases, actions restricted Administrative Regulations and Proceedings - Cabinet for Health and Family Services, diseases, emergency, administrative regulations required |
Last updated: 11/9/2023 2:52 PM (EST)