KRS § 39A.100 — KY Code / Title V / Chapter 39A / Section 39A.100
39A.100 Emergency powers of Governor and local chief executive officers -- Report by Governor -- Construction of statute -- Prohibition of discriminatory action against religious organization -- Definitions -- Cause of action -- Remedies
Status: in_force

39A.100 Emergency powers of Governor and local chief executive officers --

Report by Governor -- Construction of statute -- Prohibition of discriminatory

action against religious organization -- Definitions -- Cause of action --

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

Legislative Research Commission if the General Assembly is not in session, on a

form provided by the Commission detailing:

(a) All expenditures relating to contracts issued during the emergency under KRS

45A.085 or 45A.095, or under any provision for which a state agency does not

solicit bids or proposals for a contract; and

(b) All revenues received from the federal government in response to the declared

emergency, any expenditures or expenditure plan for the federal funds by

federal program, the state agency or program that was allocated the federal

funds, and any state fund expenditures required to match the federal funds.

(3) In the event of the occurrence or threatened or impending occurrence of any of the

situations or events contemplated by KRS 39A.010, 39A.020, or 39A.030, which in

the judgment of a local chief executive officer is of such severity or complexity as

to require the exercise of extraordinary emergency measures, the county

judge/executive of a county other than an urban-county government, or mayor of a

city or urban-county government, or chief executive of other local governments or

their designees as provided by ordinance of the affected county, city, or urban-

county may declare in writing that a state of emergency exists, and thereafter,

subject to any orders of the Governor, shall have and may exercise for the period as

the state of emergency exists or continues, the following emergency powers:

(a) To enforce all laws and administrative regulations relating to disaster and

emergency response and to direct all local disaster and emergency response

forces and operations in the affected county, city, urban-county, or charter

county;

(b) To exclude all nonessential, unauthorized, disruptive, or uncooperative

personnel from the scene of the emergency, and to command persons or

groups of persons 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;

(c) To declare curfews and establish their limits;

(d) To order immediate purchase or rental of, contract for, or otherwise procure,

without regard to procurement codes or budget requirements, the goods and

services essential for protection of public health and safety or to maintain or to

restore essential public services; and

(e) To request emergency assistance from any local government or special district

and, through the Governor, to request emergency assistance from any state

agency and to initiate requests for federal assistance as are necessary for

protection of public health and safety or for continuation of essential public

services.

(4) Nothing in this section shall be construed to allow any governmental entity to

impose additional restrictions on:

(a) The lawful possession, transfer, sale, transport, carrying, storage, display, or

use of firearms and ammunition or components of firearms and ammunition;

(b) The right of the people to exercise free speech, freedom of the press, to

petition their government for redress of injuries, or to peaceably assemble; or

(c) The right of the people to worship, worship in person, or to act or refuse to act

in a manner motivated by a sincerely held religious belief.

(5) Nothing in this section shall be construed to allow any governmental entity to

impose restrictions on the right of the people to:

(a) Peaceably assemble; or

(b) Worship, worship in person, or to act or refuse to act in a manner motivated

by a sincerely held religious belief.

(6) (a) A governmental entity shall not prohibit or restrict a religious organization

from operating or engaging in religious services during a declared emergency

to the same or any greater extent than other organizations or businesses that

provide essential services necessary and vital to the health and welfare of the

public are prohibited or restricted.

(b) Paragraph (a) of this subsection shall not prohibit the Governor from requiring

religious organizations to comply with neutral health, safety, or occupancy

requirements that are applicable to all organizations and businesses that

provide essential services. However, no health, safety, or occupancy

requirement may impose a substantial burden on a religious organization or its

services unless applying the burden to the religion or religious service in the

particular instance is essential to further a compelling governmental interest

and is the least restrictive means of furthering that compelling governmental

interest.

(c) A governmental entity shall not take any discriminatory action against a

religious organization.

(7) As used in this section:

(a) "Discriminatory action" includes any action taken by a governmental entity

wholly or partially on the basis that such organization is religious, operates or

seeks to operate during a state of emergency, or engages in the exercise of

religion as protected under the First Amendment to the Constitution of the

United States to:

1. Adversely alter in any way the tax treatment of, cause any tax, penalty,

or payment to be assessed against, or deny, delay, or otherwise make

unavailable an exemption from taxation;

2. Disallow, deny, or otherwise make unavailable a deduction for state tax

purposes of any charitable contribution made to or by a religious

organization;

3. Impose, levy, or assess a monetary fine, fee, civil or criminal penalty,

damages award, or injunction; or

4. Withhold, reduce, exclude, terminate, adversely alter the terms or

conditions of, or otherwise make unavailable or deny any:

a. State grant, contract, subcontract, cooperative agreement,

guarantee, loan, scholarship, or other similar benefit from or to a

religious organization;

b. Entitlement or benefit under a state benefit program from or to a

religious organization; or

c. License, certification, accreditation, recognition, or other similar

benefit, position, or status from or to any religious organization;

(b) "Governmental entity" means:

1. The Commonwealth or any of its political subdivisions;

2. Any agency of the state described in KRS 12.020;

3. Any person acting under color of state law; and

4. Any private person suing under or attempting to enforce a law, rule, or

administrative regulation adopted by the state or any of its political

subdivisions;

(c) "Religious organization" means:

1. A house of worship, including churches, synagogues, shrines, mosques,

and temples;

2. A religious group, corporation, association, educational institution,

ministry, order, society, or similar entity, regardless of whether it is

integrated or affiliated with a church or other house of worship; or

3. Any officer, owner, employee, manager, religious leader, clergy, or

minister of an entity or organization described in this paragraph; and

(d) "Religious services" means a meeting, gathering, or assembly of two (2) or

more persons organized by a religious organization for the purpose of

worship, teaching, training, providing educational services, conducting

religious rituals, or other activities that are deemed necessary by the religious

organization for the exercise of religion.

(8) A religious organization may assert a violation of subsection (4)(c), (5)(b), or (6) of

this section as a claim against a governmental entity in any judicial or

administrative proceeding or as a defense in any judicial or administrative

proceeding without regard to whether the proceeding is brought by or in the name of

the governmental entity, any private person, or any other party. Sovereign,

governmental, and qualified immunity are waived to the extent of liability created

under this section. An action asserting a violation of this section may be

commenced, and relief may be granted, without regard to whether the religious

organization commencing the action has sought or exhausted administrative

remedies.

(9) Remedies available to a religious organization under this section against a

governmental entity include:

(a) Declaratory relief;

(b) Injunctive relief to prevent or remedy a violation of this section or the effects

of such violation;

(c) Compensatory damages for pecuniary and nonpecuniary losses;

(d) Reasonable attorneys' fees and costs; and

(e) Any other appropriate relief.

(10) Remedies available to a religious organization under this section against a person

not acting under color of state law shall be limited to declaratory and injunctive

relief.

(11) This section:

(a) Shall be construed in favor of a broad protection of free exercise of religion;

(b) Shall be in addition to the protections provided under state and federal laws

and constitutions. Nothing in this section shall be construed to:

1. Preempt or repeal any state law or local ordinance that is equally or

more protective of free exercise of religion; or

2. Narrow the meaning or application of any state law or local ordinance

protecting free exercise of religion; and

(c) Applies to, and in cases of conflict, supersedes:

1. Each statute of the Commonwealth that infringes upon the free exercise

of religion protected by this section, unless a conflicting statute is

expressly made exempt from the application of this section; and

2. Any ordinance, rule, administrative regulation, order, opinion, decision,

practice, or other exercise of a governmental entity's authority that

infringes upon the free exercise of religion protected by this section.

(12) A religious organization shall bring an action to assert a claim under this section no

later than two (2) years from the date the person knew or should have known that a

discriminatory action or other violation of this section was taken against that

religious organization.