39A.090 Executive actions -- Time limit on directives issued by Governor --

371 words·~2 min read·/ky/39a-090

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Extensions and modifications -- Approval and termination by General

Assembly -- Waiver of immunity.

(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.

(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.