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Ex. DUT-KY-009 Standing duty Primary source read

2021 Senate Bill 2, Acts ch. 7 (vetoed and overridden)

An Act relating to administrative regulations and declaring an emergency (amending KRS 214.020 and 214.990, secs. 22-23)

Kentucky General Assembly (2021 Regular Session) · Kentucky (State)

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The record

Jurisdiction
Kentucky
Level
State
Authority
Ky. Const. secs. 29, 88 (veto overridden)
Issued
2021-02-02 Feb. 2, 2021
Effective
2021-02-02 (emergency clause; enforcement temporarily enjoined March 3, 2021 to August 21, 2021, Ex. KY-055) (read as 2021-02-02)
End
standing (amendments codified) (read as 2021-09-30)
In force
Standing since Feb. 2, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2021 Q12021 Q22021 Q3
Limitation types
Standing dutyOther
Addressees
  • the Cabinet (regulation limits); persons generally (penalty)
Character
statutory duty
Collection
Standing duties: Kentucky DUT-KY

Operative words

(2) Any[ owner or] person[ having charge of any public or private conveyance, including watercraft,] who willfully violates any administrative regulation promulgated under KRS Chapter 13A[refuses to obey the rules and regulations made] by the Cabinet for Health and Family Services under KRS 214.020 shall be guilty of a Class B misdemeanor.

Penalty

Class B misdemeanor (KRS 214.990(2) as amended)

What it required

Rewrote KRS 214.020 and 214.990: the enrolled text shows, in brackets, the 2020 language it removed (the Cabinet 'shall establish and strictly maintain quarantine and isolation at such places as it deems proper'; the conveyance-owner penalty) and the 2021 language it added (a thirty-day limit on Cabinet regulations restricting businesses, gatherings, schools, worship or local governments or imposing mandatory quarantine or isolation; Class B misdemeanor for any person's willful violation of a Cabinet regulation under 214.020).

Retrieval note

Saved principally as the primary evidence of the 2020 text of KRS 214.020 and 214.990 (LRC drafting convention: bracketed text is deleted language). Sections 1-21 amend KRS chapter 13A. The Act is a second governmental instrument regulating the same conduct, not the absence of one.