Ky. Rev. Stat. » Chapter 39A
Kentucky Revised Statutes

Ky. Rev. Stat. § 39A.090 (2026)

Executive actions -- Time limit on directives issued by Governor --

✓ current as of May 2026
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Extensions and modifications -- Approval and termination by General Assembly -- Waiver of immunity.

(1) The Governor may make, amend, and rescind any executive actions as deemed necessary to carry out the provisions of KRS Chapters 39A to 39F.

(2) (a) Executive orders, administrative regulations, or other directives issued under this chapter by the Governor shall be in effect no longer than thirty

(30) days unless an extension, modification, or termination is approved by the General Assembly prior to the extension of any executive order or directive that:

1. Places restrictions on the in-person meeting or places restrictions on the functioning of the following:

a. Elementary, secondary, or postsecondary educational institutions;

b. Private businesses or nonprofit organizations;

c. Political, religious, or social gatherings;

d. Places of worship; or

e. Local governments; or

2. Imposes mandatory quarantine or isolation requirements.

(b) All other executive orders, administrative regulations, or directives that are not described in paragraph (a) of this subsection may exceed thirty

(30) days if requested by a chief executive officer or a legislative body of a local government only for that local government and only for the period of time requested by the chief executive officer or a legislative body. The chief executive officer or a legislative body may make a written request for extensions or early termination of the executive order.

(3) Upon the expiration of an executive order or other directive described in subsection (2)(a) of this section declaring an emergency or other implementation of powers under this chapter, the Governor shall not declare a new emergency or continue to implement any of the powers enumerated in this chapter based upon the same or substantially similar facts and circumstances as the original declaration or implementation without the prior approval of the General Assembly.

(4) The General Assembly, by joint resolution, may terminate a declaration of emergency at any time.

(5) The Commonwealth waives immunity for prospective equitable and declaratory relief only, under the Eleventh Amendment to the Constitution of the United States for cases brought against it in federal jurisdictions pursuant to KRS 446.350 during emergencies declared under KRS Chapters 39A to 39F. No award of monetary damages, costs, or attorney fees is waived or authorized under this subsection. Effective:April 11, 2021 History: Amended 2021 Ky. Acts ch. 6, sec. 2, effective February 2, 2021; and ch. 205, sec. 4, effective April 11, 2021. -- Created 1998 Ky. Acts ch. 226, sec. 8, effective July 15, 1998. Legislative Research Commission Note (4/11/2021). This statute was amended by 2021 Ky. Acts. chs. 6 and 205, which do not appear to be in conflict and have been codified together.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2020–2021 · leading case: Hon. Andrew Beshear, in His Off. Capacity as Governor v. Hon. Glenn E. Acree, Judge Kentucky Court of Appeals (Ky. 2020).
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Hon. Andrew Beshear, in His Off. Capacity as Governor v. Hon. Glenn E. Acree, Judge Kentucky Court of Appeals (Ky. 2020). · cites it 4× “The General Assembly has specifically authorized the Governor in KRS 39A.090, .100 and .180 to act through executive orders and regulations that supersede “[a]ll existing laws, ordinances, and administrative regulations.”
Hon. Andrew Beshear, in His Off. Capacity as Governor v. Hon. Glenn E. Acree, Judge Kentucky Court of Appeals (Ky. 2020). · cites it 4× “The General Assembly has specifically authorized the Governor in KRS 39A.090, .100 and .180 to act through executive orders and regulations that supersede “[a]ll existing laws, ordinances, and administrative regulations.”
Oswald v. Beshear (E.D. Ky. 2021). · cites it 3× “Senate Bill 1 also amended KRS 39A.090(2)(a)(1) to provide that any Executive Order restricting the functioning of certain institutions, including schools, shall be in effect for no longer than 30 days unless the General Assembly approves an extension.”
Andy Beshear, in His Off. Capacity as Governor of the Commonwealth of Kentucky v. Goodwood Brewing Co., LLC, D/B/A Louisville Taproom, Frankfort Brewpub, & Lexington Brewpub (Ky. 2021). “) 1,2 as relevant to the issues before us, amended KRS 39A.090 to provide that any “[e]xecutive orders, administrative regulations, or other directives issued under this chapter by the Governor shall be in effect no longer than thirty (30) days unless an extension, modification,…”
Roberts v. Neace (E.D. Ky. 2021). “Next, Senate Bill 1 amended KRS 39A.090(3) to provide that once an executive order declaring a state of emergency has expired, the Governor “shall not declare a new emergency or continue to implement any of the powers enumerated in this chapter based upon the same or…”
— Ky. Rev. Stat. § 39A.090(2)(a)(1) — 1 case
Oswald v. Beshear (E.D. Ky. 2021). “Senate Bill 1 also amended KRS 39A.090(2)(a)(1) to provide that any Executive Order restricting the functioning of certain institutions, including schools, shall be in effect for no longer than 30 days unless the General Assembly approves an extension.”
— Ky. Rev. Stat. § 39A.090(3) — 2 cases
Oswald v. Beshear (E.D. Ky. 2021). “Senate Bill 1 also amended KRS 39A.090(2)(a)(1) to provide that any Executive Order restricting the functioning of certain institutions, including schools, shall be in effect for no longer than 30 days unless the General Assembly approves an extension.”
Roberts v. Neace (E.D. Ky. 2021). “Next, Senate Bill 1 amended KRS 39A.090(3) to provide that once an executive order declaring a state of emergency has expired, the Governor “shall not declare a new emergency or continue to implement any of the powers enumerated in this chapter based upon the same or…”
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