KY HB217 | 2021 | Regular Session
Status
Spectrum: Partisan Bill (Republican 21-0)
Status: Engrossed on March 12 2021 - 50% progression, died in chamber
Action: 2021-03-15 - taken from State & Local Government (S)
Text: Latest bill text (Engrossed) [PDF]
Status: Engrossed on March 12 2021 - 50% progression, died in chamber
Action: 2021-03-15 - taken from State & Local Government (S)
Text: Latest bill text (Engrossed) [PDF]
Summary
Create a new section of KRS Chapter 48 to prohibit the use of governmental funds in contravention of the provisions of KRS Chapters 39A to 39F; amend KRS 39A.090 to apply emergency order limitations to executive orders issued under KRS Chapters 39A to 39F; amend KRS 39A.100 to require that emergency orders issued by the Governor be limited to 15 days, with extension only as provided by the General Assembly; require that emergency orders issued by a chief executive of a local government be limited to 15 days with extension only as provided by the legislative body of the local government; remove the ability of the Governor to change the manner of the election in an emergency; require the Governor to report to the General Assembly or the Legislative Research Commission every 30 days expenditures relating to contracts issued during the emergency and all revenues received from the federal government and their expenditure; allow the Governor to suspend a statute in an emergency only under certain conditions; place certain limitations on the issuance of an emergency executive order; define the burden of proof in actions for declaratory or injunctive relief to enforce the requirements; waive immunity for declaratory and prospective equitable relief under the Eleventh Amendment to the Constitution of the United States for cases brought under KRS 446.350 or to enforce the provisions in KRS 39A.100; prohibit the Governor from issuing an emergency executive order that imposes restrictions on freedom of speech, press, and religion; prohibit any governmental entity from using governmental funds in contravention of KRS 39A.100 or 194A.025; amend KRS 39A.180 removing authority for the Governor to suspend laws and administrative regulations during an emergency; amend KRS 39A.280 to specify immunity during a declared emergency; amend KRS 39A.990 to make a violation of Chapter 39A subject to a fine instead of a misdemeanor charge; amend KRS 39D.040 to exempt any officer whose vacancy is filled by the Constitution of Kentucky from the definition of "office" and specify that those officers are exempt from the provisions of filling an office during an emergency; amend KRS 315.500 to require any extension of the 30-day emergency supply of drugs be approved by the General Assembly; amend KRS 367.374 to conform; amend KRS 194A.025 to prohibit the secretary of health and family services from taking any action contrary to the requirements of KRS 39A.100; name the Act the "Ensuring Basic Checks and Balances and Basic Liberties During Emergencies Act"; provide a severability clause; EMERGENCY.
Title
AN ACT relating to emergencies and declaring an emergency.
Sponsors
Roll Calls
2021-03-11 - House - House: Third Reading RCS# 265 (Y: 74 N: 22 NV: 0 Abs: 4) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2021-03-15 | Senate | taken from State & Local Government (S) |
| 2021-03-15 | Senate | 2nd reading |
| 2021-03-15 | Senate | taken from State & Local Government (S) |
| 2021-03-12 | Senate | returned to State & Local Government (S) |
| 2021-03-12 | Senate | 1st reading |
| 2021-03-12 | Senate | taken from State & Local Government (S) |
| 2021-03-12 | Senate | to State & Local Government (S) |
| 2021-03-12 | Senate | to Committee on Committees (S) |
| 2021-03-12 | Senate | received in Senate |
| 2021-03-11 | House | 3rd reading, passed 74-22 with Committee Substitute |
| 2021-03-11 | House | placed in the Orders of the Day |
| 2021-03-11 | House | taken from Rules (H) |
| 2021-03-11 | House | reported favorably, to Rules with Committee Substitute |
| 2021-03-02 | House | posted in committee |
| 2021-03-01 | House | returned to State Government (H) |
| 2021-03-01 | House | 2nd reading |
| 2021-03-01 | House | taken from State Government (H) |
| 2021-01-09 | House | to State Government (H) |
| 2021-01-09 | House | 1st reading |
| 2021-01-09 | House | taken from Committee on Committees (H) |
| 2021-01-07 | House | to Committee on Committees (H) |
| 2021-01-07 | House | introduced in House |
Subjects
Civil Actions
Diseases
Effective Dates, Emergency
Elections and Voting
General Assembly
Governor
Local Government
Public Authorities
Short Titles and Popular Names
Diseases
Effective Dates, Emergency
Elections and Voting
General Assembly
Governor
Local Government
Public Authorities
Short Titles and Popular Names
