The COVID Project
The record
- Jurisdiction
- Kentucky
- Level
- State
- Authority
- Ky. Const. secs. 29, 88
- Issued
- 2021-02-02 Feb. 2, 2021
- Effective
- 2021-02-02 (veto overridden Feb. 2, 2021; emergency clause); enjoined by the Franklin Circuit Court (No. 21-CI-00089) from March 2021 until the Supreme Court's Aug. 21, 2021 direction to dissolve (read as 2021-02-02)
- End
- Sec. 1 operates 'until January 31, 2022' (read as 2022-01-31)
- In force
- Feb. 2, 2021 to Jan. 31, 2022
- Quarters
- 2021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Health care ordersWorkplace rulesOther
- Addressees
- any business, for-profit or not-for-profit organization, local government, association, school or school district
- state and local agencies
- CHFS (long-term-care visitation regulations)
- Functions reached
- all functions (operating-plan requirement)
- VS long-term-care visitation
- OP
- Collection
- Kentucky KY
Operative words
Any business, for-profit or not-for-profit organization, local government, association, or any school or school district, public, private, or religiously affiliated, may remain open and fully operational for in-person services so long as it adopts an operating plan that: 1. Meets or exceeds all applicable guidance issued by the Centers for Disease Control and Prevention or by the executive branch, whichever is least restrictive; 2. Details how the business... will foster the safety of employees, customers, attendees and patrons, including social distancing requirements; and 3. Is posted in a conspicuous place on the main entrance door... (c) No state or local agency shall enforce restrictions related to the state of emergency impacting the ability of the entities listed in this subsection to remain open and fully operational for in-person services that exceed current applicable guidelines issued by the Centers for Disease Control and Prevention or the executive branch, whichever is least restrictive.
Enforcement
Statute; bars state and local enforcement of restrictions exceeding the least-restrictive guidance; requires a written, posted operating plan
Notes
Also suspends interest and penalties on unpaid UI contributions through Dec. 31, 2021 and directs CHFS to adopt essential-caregiver visitation regulations; the Supreme Court describes the Feb. 2, 2021 effective date and the injunction (KY-055 at 3-4)
Retrieval noteA business that stayed open under HB 1 still had to adopt, post and follow a written plan meeting CDC guidance: an order limiting commerce in its own right.