# KRS § 39A.090: 39A.090 Executive actions -- Time limit on directives issued by Governor -- Extensions and modifications -- Approval and termination by General Assembly -- Waiver of immunity

> Kentucky · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.090

## Section

- **Citation:** KRS § 39A.090
- **Heading:** 39A.090 Executive actions -- Time limit on directives issued by Governor -- Extensions and modifications -- Approval and termination by General Assembly -- Waiver of immunity
- **Jurisdiction:** Kentucky
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KY Code / Title V / Chapter 39A / Section 39A.090

## Text

39A.090 Executive actions -- Time limit on directives issued by Governor --

Extensions and modifications -- Approval and termination by General

Assembly -- Waiver of immunity.

(1) The Governor may make, amend, and rescind any executive actions as

deemed necessary to carry out the provisions of KRS Chapters 39A to 39F.

(2) (a) Executive orders, administrative regulations, or other directives issued

under this chapter by the Governor shall be in effect no longer than thirty

(30) days unless an extension, modification, or termination is approved by

the General Assembly prior to the extension of any executive order or

directive that:

1. Places restrictions on the in-person meeting or places restrictions on

the functioning of the following:

a. Elementary, secondary, or postsecondary educational

institutions;

b. Private businesses or nonprofit organizations;

c. Political, religious, or social gatherings;

d. Places of worship; or

e. Local governments; or

2. Imposes mandatory quarantine or isolation requirements.

(b) All other executive orders, administrative regulations, or directives that

are not described in paragraph (a) of this subsection may exceed thirty

(30) days if requested by a chief executive officer or a legislative body of

a local government only for that local government and only for the period

of time requested by the chief executive officer or a legislative body. The

chief executive officer or a legislative body may make a written request for

extensions or early termination of the executive order.

(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 the same or substantially similar facts and circumstances

as the original declaration or implementation without the prior approval of the

General Assembly.

(4) The General Assembly, by joint resolution, may terminate a declaration of

emergency at any time.

(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 jurisdictions pursuant to KRS

446.350 during emergencies declared under KRS Chapters 39A to 39F. No

award of monetary damages, costs, or attorney fees is waived or authorized

under this subsection.

## Nearby sections

- [KRS § 39A.010 39A.010 Legislative intent -- Necessity](https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.010.md)
- [KRS § 39A.015 39A.015 Definitions and chapter provisions applicable to KRS Chapters 39B to 39F](https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.015.md)
- [KRS § 39A.020 39A.020 Definitions for KRS Chapters 39A to 39F](https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.020.md)
- [KRS § 39A.030 39A.030 Rationale and purpose of program -- Division of Emergency Management](https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.030.md)
- [KRS § 39A.040 39A.040 Administrative bodies attached to division](https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.040.md)
- [KRS § 39A.050 39A.050 Responsibility of division for coordinating disaster and emergency services -- Powers, authorities, and duties](https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.050.md)
- [KRS § 39A.060 39A.060 Nature and scope of comprehensive program -- Director under direction of adjutant general](https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.060.md)
- [KRS § 39A.070 39A.070 Powers, responsibilities, and duties of director](https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.070.md)
- [KRS § 39A.080 39A.080 Seals and markings of Division of Emergency Management to be affixed on vehicles used and operated by division](https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.080.md)
- [KRS § 39A.090 39A.090 Executive actions -- Time limit on directives issued by Governor -- Extensions and modifications -- Approval and termination by General Assembly -- Waiver of immunity](https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.090.md)
- [KRS § 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](https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.100.md)
- [KRS § 39A.110 39A.110 Compensation for property taken for temporary use -- Notice to owner of property where title taken](https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.110.md)
- [KRS § 39A.120 39A.120 Procedure when owner refuses to accept compensation fixed by Governor](https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.120.md)
- [KRS § 39A.130 39A.130 Appeal from award of Board of Claims](https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.130.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_TV_C39A_S39A.090. Check the current official text before relying on it. Not legal advice.
