SB 1 — AN ACT relating to emergencies and declaring an emergency.

UNOFFICIALCHAPTER COPY6 211 RSCHAPTER 6 ( SB 1/VO1 ) AN ACT relating to emergencies and declaring an emergency.

(6) "County" means a county, urban-county government, charter county government, Page 1 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO consolidated local government, or unified local government;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (11) "Division" means the Division of Emergency Management of the Department of Page 2 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO Military Affairs;

Page 3 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO (1) The Governor may make, amend, and rescind any executive orders as deemed necessary to carry out the provisions of KRS Chapters 39A to 39F.

(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 Page 4 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO the same or substantially similar facts and circumstances as the original declaration or implementation without the prior approval of the General Assembly.

(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 CHAPTER 6 3 jurisdictions pursuant to KRS 446.350 during emergencies declared under KRS Chapters 39A to 39F.

(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 Page 5 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO Armed Forces, or the Federal Emergency Management Agency of the United States, including:

Facilities, including buildings and plants;plants.[;] 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;

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.

(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 Page 6 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO duration of the emergency;

The executive order shall remain in effect until the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY date of the suspended or delayed election regardless of the time limitations in Section 2 of this Act and shall not be changed except by action of the General Assembly.

(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 Page 7 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO does not solicit bids or proposals for a contract;

(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-urban-county 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:

Forcible removal or arrest shall not be exercised as options until all Page 8 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO reasonable efforts for voluntary compliance have been exhausted;

or (c) The right of the people to worship, worship in-person,in person, or to act or refuse to act in a manner motivated by a sincerely held religious belief.

CHAPTER 6 5 (a) Peaceably assemble;

(1) The political subdivisions of the state and other agencies designated or appointed by Page 9 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO the Governor may make, amend, and rescind orders and promulgate administrative regulations necessary for disaster and emergency response purposes, and to supplement the carrying out of the provisions of this chapter, if not inconsistent with any orders or administrative regulations promulgated by the Governor or by any state agency exercising a power delegated to it by the Governor.

(c) A statute suspension authorized in paragraph (b) of this subsection shall Page 10 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO only be in effect while the emergency executive order is in effect.

(3) Notwithstanding subsection (2) of this section, the Governor shall not suspend any laws in KRS Chapters 39A to 39F, KRS Chapter 13A, KRS 446.350, 527.020, 311.710 to 311.820, or any other statutes related to abortion.

(4)[(3)] The law enforcement authorities of the state and of its counties, urban-urban-counties, counties, charter counties, and cities shall enforce the written orders and administrative regulations issued pursuant to KRS Chapters 39A to 39F.

(a) The failure to respond to a disaster or other emergency, or to undertake particular inspections or types of inspections, or to maintain any particular Page 11 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO level of personnel, equipment, or facilities, shall not be a breach of any duty to persons affected by any disaster or other emergency.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) When a state or local emergency management agency, or local emergency management agency-supervisedagency- supervised operating unit officially affiliated with a local disaster and emergency services organization, does undertake to respond to a disaster or other emergency, the failure to provide the same level or manner of service, or equivalent availability or allocation of resources as may or could be provided, shall not be a breach of any duty to persons affected by that disaster or other emergency.

(2) Neither the state nor any political subdivision of the state, nor the agents or representatives of the state or any of its political subdivisions, shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer emergency management agency member, or disaster and emergency Page 12 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO services member, or disaster and emergency response worker, or member of any agency engaged in any emergency management or disaster and emergency services or disaster and emergency response activity.

The immunity provided by this subsection shall not apply to the extent that the state, a political subdivision of the state, or a person or organization maintains liability insurance or self-insuranceself- insurance for an act or omission covered by this subsection.

To the extent that the state, a political subdivision of the state, or a Page 13 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO person or an organization maintains liability insurance or self-insurance, sovereign immunity shall not be claimed with regard to an act or omission covered by this subsection.

(4) Decisions of the director, his subordinates or employees, a local emergency management director, or the local director's subordinates or employees, a rescue chief or the chief's subordinates, concerning the allocation and assignment of personnel and equipment, and the strategies and tactics used, shall be the exercise of a discretionary, policy function for which neither the officer nor the state, county, urban-county, charter county, or city, or local emergency management agency-agency-supervised supervised operating unit formally affiliated with a local disaster and emergency services organization, shall be held liable in the absence of malice or bad faith, even when those decisions are made rapidly in response to the exigencies of an emergency.

To the extent that the state, a political subdivision of the state, CHAPTER 6 7 or a person or organization maintains liability insurance or self-insurance, sovereign immunity shall not be claimed with regard to an act or omission covered by this subsection.

Page 14 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO (6) Subsection (3) of this section shall apply to a volunteer or auxiliary disaster and emergency response worker only if the volunteer or worker is enrolled or registered with a local disaster and emergency services organization or with the division in accordance with the division's administrative regulations.

Emergency management agency official with executive responsibility in the jurisdiction to coordinate disaster and Page 15 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO emergency response activity;

They may confiscate any Page 16 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO contraband property.

The executive Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY order shall designate the geographical area to which it applies.

(1) (a) When a Condition Red has been declared by the United States Department of Page 17 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO Homeland Security under the Homeland Security Advisory System or the Governor has declared a state of emergency under KRS 39A.100, the Governor may implement this section by executive order for a period of fifteen (15) days from notification of implementation, as required by KRS 367.376.

Ten percent (10%) or less above the sum of the person's costs and Page 18 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO normal markup for a good or service;

CHAPTER 6 9 (d) Whether a price violates this subsection is a question of law.

Whereas the impact of the state of emergency declared in response to COVID-19 on Kentucky’s citizens and businesses is of the utmost importance, an Page 19 of 20 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 1/VO emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming law.

PageVeto 20overridden ofFebruary 202, XXXX2021. Vetoed and Overriden

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