Senate Bill 1

Actions | Amendments
Last Action 02/02/21: delivered to Secretary of State (Acts Ch. 6)
Title AN ACT relating to emergencies and declaring an emergency.
Bill Documents Acts Chapter 6
Current/Final
Introduced
Bill Request Number 41
Sponsors M. Castlen, R. Alvarado, D. Carroll, C. Embry Jr., R. Girdler, P. Hornback, S. Meredith, M. Nemes, J. Schickel, B. Smith, D. Thayer, J. Turner, P. Wheeler, M. Wilson, M. Wise
Summary of Original Version Amend KRS 39A.090 to limit the effective dates of executive orders issued by the Governor to 30 days unless an extension is approved by the General Assembly, and prohibit the Governor from issuing a new executive order relating to the same emergency without the approval of the General Assembly; amend KRS 39A.100 to allow an executive order relating to elections to remain in effect regardless of the time limitations in KRS 39A.090; amend KRS 39A.180 to limit administrative regulations promulgated under KRS 39A.180 to 30 days unless an extension is approved by the General Assembly; amend KRS 214.020 to limit administrative regulations promulgated under KRS 214.020 to 30 days unless an extension is approved by the General Assembly; amend KRS 241.090 to limit the emergency jurisdiction and peace officer status of administrators and investigators under the alcohol beverage control board to the limitations in KRS 39A.090; amend KRS 315.500 to prevent the time limitations of KRS 39A.090 from affecting the emergency distribution of pharmaceuticals; amend KRS 39A.374 to prevent the time limitations of KRS 39A.090 from affecting the limitations on increased prices during an emergency.
Index Headings of Original Version Disasters - Emergencies, executive orders, effective time periods
Elections and Voting - Emergencies, executive orders, new voting date not affected by
General Assembly - Emergencies, declaration by governor, extension of, approval of
Governor - Emergencies, executive orders, effective time periods
Public Health - Emergencies, executive orders, effective time periods
Public Safety - Emergencies, executive orders, effective time periods
Administrative Regulations and Proceedings - Emergency, declared by officials, 30 day time limit
Jump to Proposed Amendments Senate Committee Substitute 1
Senate Committee Amendment 1
Senate Floor Amendment 1
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
House Floor Amendment 5
Votes Vote History
Governor's Veto Message Veto

Actions

Top | Amendments
08/06/20
  • Prefiled by the sponsor(s).
01/05/21
  • introduced in Senate
  • to Committee on Committees (S)
  • to State & Local Government (S)
  • taken from State & Local Government (S)
  • 1st reading
  • returned to State & Local Government (S)
01/06/21
  • reported favorably, 2nd reading, to Rules with Committee Substitute (1) and committee amendment (1-title)
  • floor amendment (1) filed to Committee Substitute
01/07/21
  • posted for passage in the Regular Orders of the Day for Thursday, January 7, 2021
  • 3rd reading, passed 27-9-1 with Committee Substitute (1), floor amendment (1) and committee amendment (1-title)
  • received in House
  • to Committee on Committees (H)
  • taken from Committee on Committees (H)
  • 1st reading
  • to State Government (H)
  • posted in committee
01/08/21
  • reported favorably, 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for January 9, 2021
  • floor amendments (1) and (2) and (3) and (4) and (5) filed
01/09/21
  • floor amendment (5) withdrawn
  • 3rd reading, passed 75-21 with floor amendments (1) and (4)
  • received in Senate
  • posted for passage for concurrence in House floor amendments (1) and (4)
  • Senate concurred in House floor amendments (1) and (4)
  • passed 26-5
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Governor
01/19/21
  • Vetoed
02/02/21
  • received in Senate
  • to Rules (S)
  • taken from Rules
  • posted for passage for consideration of Governor's veto for Tuesday, February 2, 2021
  • veto overridden
  • Bill passed 29-8
  • received in House
  • to Rules (H)
  • taken from Rules (H)
  • placed in the Orders of the Day for consideration of the Governor's Veto
  • veto overridden
  • Bill passed 69-20
  • received in Senate
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Secretary of State (Acts Ch. 6)

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
Summary Amend KRS 39A.020 to redefine "emergency"; amend KRS 39A.090 to require certain emergency executive orders to end after 30 days unless an extension is approved by the General Assembly; for all other executive orders, allow local governments to request an extension of the 30-day limit; prohibit the Governor from declaring an additional, similar emergency order upon the expiration of the first order; waive prospective equitable and declaratory relief immunity under the Eleventh Amendment to the United States Constitution for cases under KRS 446.350 during emergencies; amend KRS 39A.100 to exempt emergency orders moving the election from the 30-day limitation and limit changes to time or place; require the Governor to report to the General Assembly or the Legislative Research Commission expenditures relating to contracts issued during the emergency and all revenues received from the federal government in response to the emergency; amend KRS 39A.180 to require administrative regulations under the emergency to follow the requirements of KRS Chapter 13A, and provide specific requirements for suspending a statute and promulgating administrative regulations under a declared emergency; amend KRS 39A.280 to extend liability protection for architects and engineers for work performed during an emergency without compensation to 90 days from the end of the last extension of the declaration of emergency; amend KRS 39A.990 to change the penalty for violating provisions of KRS Chapter 39A from a Class A misdemeanor to not more than a $100 fine for the first offense and not more than a $250 fine for subsequent offenses; amend KRS 241.090 to limit the jurisdiction and police powers of state administrators and investigators during an emergency; amend KRS 315.500 to specify that the Governor's ability to authorize an emergency supply of medicine is not subject to the 30-day emergency executive order limitation; amend KRS 367.374 to specify that the Governor's ability to prohibit price gouging during an emergency is not subject to the 30 day emergency executive order limitation; EMERGENCY
Index Headings Architects - Emergencies, liability protection, time period
Attorney General - Emergencies, suspension of laws, approval required
Effective Dates, Emergency - SB 1
Disasters - Emergencies, executive orders, effective time periods
Elections and Voting - Emergencies, executive order, changes to time and place only
Elections and Voting - Emergencies, executive orders, new voting date, 30-day limit inapplicable
Elections and Voting - Emergencies, executive orders, change to time and place only
Engineers and Surveyors - Emergencies, liability protection, time period
General Assembly - Emergencies, declaration by governor, extension, approval
Governor - Emergencies, executive orders, effective time periods
Local Government - Emergencies, request to Governor, effective time period
Pharmacists - Emergencies, dispensing extension, clarification
Public Health - Emergencies, executive orders, effective time periods
Public Safety - Emergencies, executive orders, effective time periods
Administrative Regulations and Proceedings - Emergency declared by officials, applicability of KRS Chapter 13A

Amendment Senate Committee Amendment 1
Sponsor M. Castlen
Summary Make title amendment.
Index Headings Title Amendments - SB 1

Amendment Senate Floor Amendment 1
Sponsor M. Castlen
Summary Restore the provision of the statute that required law enforcement authority of the state and local governments to enforce written orders and administrative regulations issued pursuant to KRS Chapters 39A to 39F.
Index Headings Disasters - Emergencies, written orders and administrative regulations, enforcement
Local Government - Emergencies, written orders and administrative regulations, enforcement
Police, City and County - Emergencies, written orders and administrative regulations, enforcement
Police, State - Emergencies, written orders and administrative regulations, enforcement

Amendment House Floor Amendment 1
Sponsor S. Maddox
Summary Ensure that in an emergency, the taking of property by the Governor can only be for the duration of emergency and only for public use, the taking of goods can only be during a shortage of goods, and include certain freedoms in the restrictions on the Governor may impose under the emergency.
Index Headings Disasters - Emergencies, taking of property, limitation
Disasters - Emergencies, Governor's powers, certain freedoms, restrictions
Eminent Domain and Condemnation - Emergencies, property taken, valuation
Governor - Emergencies, Governor's powers, certain freedoms, restrictions
Religion - Emergencies, Governor's powers, certain freedoms, restrictions
Reproductive Issues - Emergencies, Governor's powers, abortion laws, restrictions

Amendment House Floor Amendment 2
Sponsor S. Maddox
Summary Place certain limitations on the issuance of emergency executive orders; define the burden of proof in actions for declaratory or injunctive relief relating to the requirements of an executive order.
Index Headings Civil Actions - Emergency orders, suit allowed, criteria
Disasters - Emergency orders, limitations on
Governor - Emergency orders, limitations on

Amendment House Floor Amendment 3
Sponsor S. Maddox
Summary Change the number of days an emergency executive order may be in effective without approval by the General Assembly from 30 to 15.
Index Headings Disasters - Emergency executive orders, days in effect, General Assembly approval required
Governor - Emergency executive orders, days in effect, General Assembly approval required
General Assembly - Emergency executive orders, days in effect, General Assembly approval required

Amendment House Floor Amendment 4
Sponsor J. Tipton
Summary Amend KRS 39A.090 to limit emergency executive orders, administrative regulations, or other directives issued by the Governor that affect local governments to 30 days; amend KRS 39A.100 to affirm that governmental entities may not impose restrictions on peaceable assembly or worship.
Index Headings Disasters - Emergencies, executive orders, local government
General Assembly - Emergencies, executive orders, rights
Governor - Emergencies, executive orders, effects, local government

Amendment House Floor Amendment 5
Sponsor J. Nemes
Summary Return the penalty for violating a provision of KRS Chapter 39A or any administrative regulations or order under KRS Chapter 39A to a Class A misdemeanor.
Index Headings Crimes and Punishments - Emergencies, violations of KRS Chapter 39A, Class A misdemeanor
Disasters - Emergencies, violations of KRS Chapter 39A, Class A misdemeanor
Governor - Emergencies, violations of KRS Chapter 39A, Class A misdemeanor

Last updated: 5/18/2021 11:08 AM (EDT)
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