39A.100 Emergency powers of Governor and local chief executive officers --
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Remedies.
(1)In the event of the occurrence or threatened or impending occurrence of any of the
situations or events enumerated in KRS 39A.010, 39A.020, or 39A.030, the
Governor may declare, in writing, that a state of emergency exists. The Governor
shall have and may exercise the following emergency powers during the period in
which the state of emergency exists:
(a)To enforce all laws, and administrative regulations relating to disaster and
emergency response and to assume direct operational control of all disaster
and emergency response forces and activities in the Commonwealth;
(b)To require state agencies and to request local governments, local agencies, and
special districts to respond to the emergency or disaster in the manner
directed;
(c)To seize, take, or condemn property, for the duration of the emergency, and
only for public use as defined in KRS 416.675, excluding firearms and
ammunition, components of firearms and ammunition, or a combination
thereof, for the protection of the public or at the request of the President, the
Armed Forces, or the Federal Emergency Management Agency of the United
States, including:
1. All means of transportation and communication;
2. All stocks of fuel of whatever nature;
3. Food, clothing, equipment, materials, medicines, and all supplies; and
4. Facilities, including buildings and plants, but excluding houses of
worship, except to the extent that such houses have become unsafe to a
degree that would justify condemnation in the absence of a state of
emergency.
Compensation for property seized, taken, or condemned under this paragraph
shall be determined using the process in KRS 416.540 to 416.670 to
determine value;
(d)To sell, lend, give, or distribute any of the property under paragraph
(c)of this
subsection among the inhabitants of the Commonwealth and to account to the
State Treasurer for any funds received for the property;
(e)To make compensation for the property seized, taken, or condemned under
paragraph
(c)of this subsection;
(f)To exclude all nonessential, unauthorized, disruptive, or otherwise
uncooperative personnel from the scene of the emergency, and to command
those persons or groups assembled at the scene to disperse. A person who
refuses to leave an area in which a written order of evacuation has been issued
in accordance with a written declaration of emergency or a disaster may be
forcibly removed to a place of safety or shelter, or may, if this is resisted, be
arrested by a peace officer. Forcible removal or arrest shall not be exercised as
options until all reasonable efforts for voluntary compliance have been
exhausted;
(g)To declare curfews and establish their limits;
(h)To prohibit or limit the sale or consumption of goods, in the event of a
shortage of goods, excluding firearms and ammunition, components of
firearms and ammunition, or a combination thereof, or commodities for the
duration of the emergency;
(i)To grant emergency authority to pharmacists pursuant to KRS 315.500, for the
duration of the emergency;
(j)To request any assistance from agencies of the United States as necessary and
appropriate to meet the needs of the people of the Commonwealth;
(k)Upon the recommendation of the Secretary of State, to declare by executive
order a different time or place for holding elections in an election area for
which a state of emergency has been declared for part or all of the election
area. The election shall be held within thirty-five
(35)days from the date of
the suspended or delayed election. The executive order shall remain in effect
until the date of the suspended or delayed election regardless of the time
limitations in KRS 39A.090 and shall not be changed except by action of the
General Assembly. The State Board of Elections shall establish procedures for
election officials to follow. Any procedures established under this paragraph
shall be subject to the approval of the Secretary of State and the Governor by
respective executive orders; and
(l)Except as prohibited by this section or other law, to take action necessary to
execute those powers enumerated in paragraphs
(a)to
(k)of this subsection.
(2)Within thirty
(30)days of a declared emergency, and every thirty
(30)days
thereafter, the Governor shall report to the General Assembly, if in session, or to the