{"data":{"id":"us-ky/krs-39a.100","jurisdiction":"us-ky","citation":"KRS 39A.100","heading":"Emergency powers of Governor and local chief executive officers --","body":"Report by Governor -- Construction of statute -- Animal health emergency --\nProhibition of discriminatory action against religious organization --\nDefinitions -- Cause of action -- Remedies.\n(1) In the event of the occurrence or threatened or impending occurrence of any of the\nsituations or events enumerated in KRS 39A.010, 39A.020, or 39A.030, the\nGovernor may declare, in writing, that a state of emergency exists. The Gove rnor\nshall have and may exercise the following emergency powers during the period in\nwhich the state of emergency exists:\n(a) To enforce all laws, and administrative regulations relating to disaster and\nemergency response and to assume direct operational c ontrol of all disaster\nand emergency response forces and activities in the Commonwealth;\n(b) To require state agencies and to request local governments, local agencies,\nand special districts to respond to the emergency or disaster in the manner\ndirected;\n(c) To seize, take, or condemn property, for the duration of the emergency, and\nonly for public use as defined in KRS 416.675, excluding firearms and\nammunition, components of firearms and ammunition, or a combination\nthereof, for the protection of the publ ic or at the request of the President, the\nArmed Forces, or the Federal Emergency Management Agency of the United\nStates, including:\n1. All means of transportation and communication;\n2. All stocks of fuel of whatever nature;\n3. Food, clothing, equipment, materials, medicines, and all supplies; and\n4. Facilities, including buildings and plants, but excluding houses of\nworship, except to the extent that such houses have become unsafe to a\ndegree that would justify condemnation in the absence of a state of\nemergency.\nCompensation for property seized, taken, or condemned under this paragraph\nshall be determined using the process in KRS 416.540 to 416.670 to\ndetermine value;\n(d) To sell, lend, give, or distribute any of the property under paragraph (c) of this\nsubsection among the inhabitants of the Commonwealth and to account to the\nState Treasurer for any funds received for the property;\n(e) To make compensation for the property seized, taken, or condemned under\nparagraph (c) of this subsection;\n(f) To exclude all nones sential, unauthorized, disruptive, or otherwise\nuncooperative personnel from the scene of the emergency, and to command\nthose persons or groups assembled at the scene to disperse. A person who\nrefuses to leave an area in which a written order of evacuation has been issued\nin accordance with a written declaration of emergency or a disaster may be\nforcibly removed to a place of safety or shelter, or may, if this is resisted, be\narrested by a peace officer. Forcible removal or arrest shall not be exercised as\noptions until all reasonable efforts for voluntary compliance have been\nexhausted;\n(g) To declare curfews and establish their limits;\n(h) To prohibit or limit the sale or consumption of goods, in the event of a\nshortage of goods, excluding firearms and amm unition, components of\nfirearms and ammunition, or a combination thereof, or commodities for the\nduration of the emergency;\n(i) To grant emergency authority to pharmacists pursuant to KRS 315.500, for\nthe duration of the emergency;\n(j) To request any assistance from agencies of the United States as necessary and\nappropriate to meet the needs of the people of the Commonwealth;\n(k) Upon the recommendation of the Secretary of State, to declare by executive\norder a different time or place for holding elections in an election area for\nwhich a state of emergency has been declared for part or all of the election\narea. The election shall be held within thirty -five (35) days from the date of\nthe suspended or delayed election. The executive order shall remain in effec t\nuntil the date of the suspended or delayed election regardless of the time\nlimitations in KRS 39A.090 and shall not be changed except by action of the\nGeneral Assembly. The State Board of Elections shall establish procedures for\nelection officials to fol low. Any procedures established under this paragraph\nshall be subject to the approval of the Secretary of State and the Governor by\nrespective executive orders; and\n(l) Except as prohibited by this section or other law, to take action necessary to\nexecute those powers enumerated in paragraphs (a) to (k) of this subsection.\n(2) Within thirty (30) days of a declared emergency, and every thirty (30) days\nthereafter, the Governor shall report to the General Assembly, if in session, or to the\nLegislative Research Commission if the General Assembly is not in session, on a\nform provided by the Commission detailing:\n(a) All expenditures relating to contracts issued during the emergency under KRS\n45A.085 or 45A.095, or under any provision for which a state agency does not\nsolicit bids or proposals for a contract; and\n(b) All revenues received from the federal government in response to the declared\nemergency, any expenditures or expenditure plan for the federal funds by\nfederal program, the state agency or program that  was allocated the federal\nfunds, and any state fund expenditures required to match the federal funds.\n(3) In the event of the occurrence or threatened or impending occurrence of any of the\nsituations or events contemplated by KRS 39A.010, 39A.020, or 39A. 030, which in\nthe judgment of a local chief executive officer is of such severity or complexity as\nto require the exercise of extraordinary emergency measures, the county\njudge/executive of a county other than an urban -county government, or mayor of a\ncity or urban-county government, or chief executive of other local governments or\ntheir designees as provided by ordinance of the affected county, city, or urban -\ncounty may declare in writing that a state of emergency exists, and thereafter,\nsubject to any orders of the Governor, shall have and may exercise for the period as\nthe state of emergency exists or continues, the following emergency powers:\n(a) To enforce all laws and administrative regulations relating to disaster and\nemergency response and to direct all local disaster and emergency response\nforces and operations in the affected county, city, urban -county, or charter\ncounty;\n(b) To exclude all nonessential, unauthorized, disruptive, or uncooperative\npersonnel from the scene of the emergency, and to com mand persons or\ngroups of persons at the scene to disperse. A person who refuses to leave an\narea in which a written order of evacuation has been issued in accordance\nwith a written declaration of emergency or a disaster may be forcibly removed\nto a place of safety or shelter, or may, if this is resisted, be arrested by a peace\nofficer. Forcible removal or arrest shall not be exercised as options until all\nreasonable efforts for voluntary compliance have been exhausted;\n(c) To declare curfews and establish their limits;\n(d) To order immediate purchase or rental of, contract for, or otherwise procure,\nwithout regard to procurement codes or budget requirements, the goods and\nservices essential for protection of public health and safety or to maintain or\nto restore essential public services; and\n(e) To request emergency assistance from any local government or special district\nand, through the Governor, to request emergency assistance from any state\nagency and to initiate requests for federal assistance as are ne cessary for\nprotection of public health and safety or for continuation of essential public\nservices.\n(4) In the event of the occurrence or threatened or impending occurrence of any animal\nhealth emergency, which in the judgment of the Commissioner of Agric ulture in\nconsultation with the state veterinarian, is of such severity or complexity as to\nrequire the exercise of extraordinary emergency measures, the Commissioner of\nAgriculture may declare, in writing, that an animal health emergency exists and,\nsubject to any order of the Governor, may exercise emergency powers for the\nperiod the animal health emergency exists or continues to:\n(a) Order the immediate purchase or procurement of or contract for veterinary\nservices from any veterinarian or veterinarian t echnician licensed in the\nCommonwealth or any other state;\n(b) Request the secretary of the Transportation Cabinet to issue any permits and\nwaive any regulatory requirements relating to the transportation of animal\nfeed stock or medicine, including but not limited to:\n1. Vehicle weight limits; or\n2. Driver safety restrictions;\nand the secretary shall not deny the request absent good cause;\n(c) Order the quarantine of any livestock, poultry, or other domesticated animal\nand any articles or equipment capable  of acting as a vector of communicable\ndisease;\n(d) Establish roadblocks on any roadway within the Commonwealth in order to\nprevent the transportation of the livestock, poultry, domesticated animal,\narticle, or equipment ordered quarantined, with the assistance of:\n1. State law enforcement;\n2. Local law enforcement; or\n3. Game wardens employed by the Kentucky Department of Fish and\nWildlife Resources;\n(e) Order the immediate purchase, procurement, or rental of or contract for,\nwithout regard to procurement requirements established in KRS Chapter 45A,\nthe goods and services, including materials and services needed to stop the\nspread of a communicable disease, essential for the protection of public health\nand safety or to maintain or restore essential public services; and\n(f) Request any emergency assistance as is necessary for the protection of public\nhealth and safety or for the continuation of essential public services from:\n1. A local government or special district;\n2. A state agency; or\n3. The Governor in order to initiate any request for federal assistance.\n(5) Nothing in this section shall be construed to allow any governmental entity to\nimpose additional restrictions on:\n(a) The lawful possession, transfer, sale, transport, carrying, storage, display, or\nuse of firearms and ammunition or components of firearms and ammunition;\n(b) The right of the people to exercise free speech, freedom of the press, to\npetition their government for redress of injuries, or to peaceably assemble; or\n(c) The right of the people to worship, worship in person, or to act or refuse to act\nin a manner motivated by a sincerely held religious belief.\n(6) Nothing in this section sha ll be construed to allow any governmental entity to\nimpose restrictions on the right of the people to:\n(a) Peaceably assemble; or\n(b) Worship, worship in person, or to act or refuse to act in a manner motivated\nby a sincerely held religious belief.\n(7) (a) A governmental entity shall not prohibit or restrict a religious organization\nfrom operating or engaging in religious services during a declared emergency\nto the same or any greater extent than other organizations or businesses that\nprovide essential services necessary and vital to the health and welfare of the\npublic are prohibited or restricted.\n(b) Paragraph (a) of this subsection shall not prohibit the Governor from requiring\nreligious organizations to comply with neutral health, safety, or occupancy\nrequirements that are applicable to all organizations and businesses that\nprovide essential services. However, no health, safety, or occupancy\nrequirement may impose a substantial burden on a religious organization or its\nservices unless applying the burden  to the religion or religious service in the\nparticular instance is essential to further a compelling governmental interest\nand is the least restrictive means of furthering that compelling governmental\ninterest.\n(c) A governmental entity shall not take any  discriminatory action against a\nreligious organization.\n(8) As used in this section:\n(a) \"Discriminatory action\" includes any action taken by a governmental entity\nwholly or partially on the basis that such organization is religious, operates or\nseeks to operate during a state of emergency, or engages in the exercise of\nreligion as protected under the First Amendment to the Constitution of the\nUnited States to:\n1. Adversely alter in any way the tax treatment of, cause any tax, penalty,\nor payment to be as sessed against, or deny, delay, or otherwise make\nunavailable an exemption from taxation;\n2. Disallow, deny, or otherwise make unavailable a deduction for state tax\npurposes of any charitable contribution made to or by a religious\norganization;\n3. Impose, levy, or assess a monetary fine, fee, civil or criminal penalty,\ndamages award, or injunction; or\n4. Withhold, reduce, exclude, terminate, adversely alter the terms or\nconditions of, or otherwise make unavailable or deny any:\na. State grant, contract, subc ontract, cooperative agreement,\nguarantee, loan, scholarship, or other similar benefit from or to a\nreligious organization;\nb. Entitlement or benefit under a st ate benefit program from or to a\nreligious organization; or\nc. License, certification, accreditation, recognition, or other similar\nbenefit, position, or status from or to any religious organization;\n(b) \"Governmental entity\" means:\n1. The Commonwealth or any of its political subdivisions;\n2. Any agency of the state described in KRS 12.020;\n3. Any person acting under color of state law; and\n4. Any private person suing under or attempting to enforce a law, rule, or\nadministrative regulation adopted by the st ate or any of its political\nsubdivisions;\n(c) \"Religious organization\" means:\n1. A house of worship, including churches, synagogues, shrines, mosques,\nand temples;\n2. A religious group, corporation, association, educational institution,\nministry, order, so ciety, or similar entity, regardless of whether it is\nintegrated or affiliated with a church or other house of worship; or\n3. Any officer, owner, employee, manager, religious leader, clergy, or\nminister of an entity or organization described in this paragraph; and\n(d) \"Religious services\" means a meeting, gathering, or assembly of two (2) or\nmore persons organized by a religious organization for the purpose of\nworship, teaching, training, providing educational services, conducting\nreligious rituals, or othe r activities that are deemed necessary by the religious\norganization for the exercise of religion.\n(9) A religious organization may assert a violation of subsection (5)(c), (6)(b), or (7) of\nthis section as a claim against a governmental entity in any judi cial or\nadministrative proceeding or as a defense in any judicial or administrative\nproceeding without regard to whether the proceeding is brought by or in the name\nof the governmental entity, any private person, or any other party. Sovereign,\ngovernmental, and qualified immunity are waived to the extent of liability created\nunder this section. An action asserting a violation of this section may be\ncommenced, and relief may be granted, without regard to whether the religious\norganization commencing the acti on has sought or exhausted administrative\nremedies.\n(10) Remedies available to a religious organization under this section against a\ngovernmental entity include:\n(a) Declaratory relief;\n(b) Injunctive relief to prevent or remedy a violation of this section  or the effects\nof such violation;\n(c) Compensatory damages for pecuniary and nonpecuniary losses;\n(d) Reasonable attorneys' fees and costs; and\n(e) Any other appropriate relief.\n(11) Remedies available to a religious organization under this section agains t a person\nnot acting under color of state law shall be limited to declaratory and injunctive\nrelief.\n(12) This section:\n(a) Shall be construed in favor of a broad protection of free exercise of religion;\n(b) Shall be in addition to the protections provide d under state and federal laws\nand constitutions. Nothing in this section shall be construed to:\n1. Preempt or repeal any state law or local ordinance that is equally or\nmore protective of free exercise of religion; or\n2. Narrow the meaning or application of any state law or local ordinance\nprotecting free exercise of religion; and\n(c) Applies to, and in cases of conflict, supersedes:\n1. Each statute of the Commonwealth that infringes upon the free exercise\nof religion protected by this section, unless a conflicting statute is\nexpressly made exempt from the application of this section; and\n2. Any ordinance, rule, administrative regulation,  order, opinion, decision,\npractice, or other exercise of a governmental entity's authority that\ninfringes upon the free exercise of religion protected by this section.\n(13) A religious organization shall bring an action to assert a claim under this sectio n no\nlater than two (2) years from the date the person knew or should have known that a\ndiscriminatory action or other violation of this section was taken against that\nreligious organization.","path":["KRS Chapter 39A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56763","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:58Z","sha256":"04f12af0ad03c1e8f5b7d39d447cd0ccc8d27713c66cdc6222baf7d525aa2687","source_id":"us-ky","stale":false,"prev":"us-ky/krs-39a.090","next":"us-ky/krs-39a.110"},"notice":"GroundRules: Original legal text. Not legal advice."}