The COVID Project
The record
- Jurisdiction
- Kentucky
- Level
- State
- Authority
- Ky. Const. sec. 29 (legislative power); police power
- Issued
- 2021-02-02 Feb. 2, 2021
- Effective
- standing (read as 2021-02-02)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Feb. 2, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureGathering capQuarantine and isolationStanding duty
- Addressees
- the Cabinet (duty to act); persons and premises reached by the regulations and quarantine and isolation it establishes
- Character
- statutory duty
- Collection
- Standing duties: Kentucky DUT-KY
Operative words
it shall take necessary action and promulgate administrative regulations under KRS Chapter 13A to prevent the introduction or spread of such infectious or contagious disease or diseases within this state
Penalty
KRS 211.990(2) (violation, each day a separate offense) for Cabinet regulations and orders; KRS 214.990(2) (2020 text: Class B misdemeanor for conveyance owners refusing the Cabinet's rules under 214.020; 2021 text: Class B misdemeanor for any person's willful violation of a regulation under 214.020)
What it required
When the Cabinet for Health and Family Services believed an infectious disease would invade the State, it was commanded (shall) to act, to adopt and enforce control regulations, and to establish and strictly maintain quarantine and isolation; the March 2020 CHFS closure orders recite this section as their authority (Exs. KY-003, KY-004, KY-022).
Retrieval noteThe quotation is the 2020 text (the operative words 'shall take such action... shall establish and strictly maintain quarantine and isolation'), read in Ex. DUT-KY-009 sec. 22 (struck language) and Ex. KY-032 at 82 n.61. The 2021 amendment (2021 SB 2, Acts ch. 7) rewrote (1) to 'shall take necessary action and promulgate administrative regulations under KRS Chapter 13A' and added (2), limiting to thirty days any regulation restricting the in-person functioning of businesses, gatherings, schools, worship or local governments or imposing mandatory quarantine or isolation, and requiring the regulation to state penalties and due-process rights. SB 2 was among the 2021 Acts enjoined by the Franklin Circuit Court on March 3, 2021 until Cameron v. Beshear (Ex. KY-055 at line 339 of the slip text).