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Ex. DUT-KY-007 Standing duty Primary source read

KRS 39A.180

Orders and administrative regulations of Governor, agencies, and political subdivisions -- Enforcement

Kentucky General Assembly (KRS ch. 39A, Statewide Emergency Management Programs) · Kentucky (State)

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The record

Jurisdiction
Kentucky
Level
State
Authority
Ky. Const. sec. 29
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
Limitation types
Standing duty
Addressees
  • persons generally; every addressee of an order under KRS ch. 39A; State and local law enforcement (duty to enforce)
Character
statutory duty
Collection
Standing duties: Kentucky DUT-KY

Operative words

(2)(a) All written orders and administrative regulations promulgated by the Governor, the director, or by any political subdivision or other agency authorized by KRS Chapters 39A to 39F to make orders and promulgate administrative regulations, shall have the full force of law

Penalty

KRS 39A.990 (Ex. DUT-KY-008)

What it required

Gave every emergency order and regulation of the Governor and of the agencies and political subdivisions acting under KRS chapters 39A to 39F the full force of law (2020 text: upon filing with the Legislative Research Commission), and commanded that 'The law enforcement authorities of the state and of its counties, urban-counties, charter counties, and cities shall enforce the written orders and administrative regulations' (subsection (4)).

Retrieval note

The Supreme Court of Kentucky: 'This statute plainly provides that the orders and regulations issued pursuant to the emergency authority granted the Governor in KRS Chapter 39A shall have full force of law upon filing with the Legislative Research Commission' (Ex. KY-032 at 57). The Governor's orders and every CHFS order recite this chapter.