A bill has been filed in the legislature that would limit the ability of the governor to issue executive orders during a health emergency, and would allow persons affected by an order to sue the state.
Rep. Savannah Maddox has filed a floor amendment to HB 322, which currently deals with asset seizure by law enforcement. Her amendment (Floor Amendment 3) would strip out the current bill, and replace it with a new bill that would
- create a new section of KRS Chapter 39A limiting the scope of executive orders issued during a public emergency;
- create a civil cause of action for persons affected by emergency orders and establishing evidentiary standards for relief;
- amend KRS 39A.990 to establish a misdemeanor in office for failing to follow the limitations on emergency orders
The bill places numerous relatively vague restrictions on executive orders:
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- Narrowly tailored towards meeting the exigencies of the emergency;
- No broader or burdensome than is necessary to meet the exigencies of the emergency;
- Not be underinclusive;
- Actually issued in response to an emergency or immediate threat of an emergency;
- Give due regard in its scope and duration for the impact of such order on the public at large, public safety, and the long term economic impact upon the Commonwealth of Kentucky and its citizens; and
- Be in effect no longer than is necessary to meet the exigency giving rise to the emergency.
The section on civil lawsuits lays out a process for persons affected by the executive order to sue the state, and places the burden on the state to prove that the order meets the restrictions noted above.
Maddox’s floor amendment 4 would change the title of the bill to “AN ACT relating to emergencies and citizen rights during emergencies.” It also adds the Emergency clause to the bill, which means it would take effect as soon as it was signed into law (or a veto was overridden), rather than on July 1.
At this point, Rep. Maddox is the only sponsor of the floor amendment.
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