LOUISVILLE, Ky. (WDRB) -- The Kentucky legislature is holding a special session next week after Labor Day amid a surging COVID-19 crisis across the state.

Gov. Andy Beshear, who on Saturday afternoon called a special session to start on 10 a.m. Tuesday is asking lawmakers to pass legislation aimed at curbing COVID-19. Beshear signed a proclamation officially calling the legislators into special session during a press conference at the capitol in  Frankfort.

"Now is the time to act," Beshear said. "Nearly everyday we set records in the number of Kentuckians hospitalized, in the ICU or needing a ventilator just to breathe. In previous surges, the governor, me, was empowered to act to do what is necessary to stop the spike, flatten the curve, to save lives, but recent Supreme Court decisions have changed that."

In an August ruling by the Kentucky Supreme Court, Beshear suffered a legal defeat as the state's high court limited his emergency powers. Since then, Beshear has been in talks with Republican leaders of the General Assembly to call a special session on the COVID-19 surge.

Beshear said the burden of protecting Kentuckians now falls upon the General Assembly.

"They'll have to carry much of that weight, to confront unpopular choices and to make decisions that balance many things, including the lives, and the possible deaths of our citizens," Beshear said.

Over the past two months, the state's positivity rate has jumped from 1.99% on July 1 to 13.17% on Friday, according to the governor's office. More than 7,840 Kentuckians have died from COVID-19 in the pandemic. 

After the Kentucky Supreme Court's decision, Beshear began meeting with legislative leaders.

"We mutually agreed to take a little bit of time with the status quo intact for them to determine next steps," Beshear said. "I think that was a good first decision. It showed thoughtfulness over simply reaction."

Beshear said he and members of the assembly have exchanged potential draft legislation in prior days.

When it comes to the subject of the governor requiring masks, Rep. Kevin Bratcher (R-Louisville) said, "I am not for a broad 'one-size-fits-all' mask mandate."

But at the same time we have got to stand up and fight against this problem so, I'm excited about it," he said. "I think we can all work together and come up with some good solutions."

"We will disagree on some things, maybe, but 95% of the stuff, we are going to agree with, and we also need to have a better focus on some areas,” said Rep. Jason Nemes, (R-Louisville) about the special session. “You know 67% of the deaths in Kentucky came from long-term care facilities."

During a legislative hearing on Sept. 1, Kentucky Attorney General Daniel Cameron said the decision limits the governor's emergency powers.

"The Supreme Court's decision is a win for legislative prerogatives and representative government," Cameron said. "He [Beshear] has no right to exercise emergency powers that have not been given to him by this esteemed body."

The ruling forces the governor and legislature to work together to address the COVID-19 crisis, Cameron says.

The current state of emergency by Beshear is set to expire on Sept. 10. Beshear is asking legislators to extend the state of emergency to Jan. 15, 2022.

"With the deadline approaching where our declared state of emergency would end and many of our tools that are so necessary to fight this pandemic would evaporate, now is the time to act," Beshear said. "As with every special session, it is limited to the call itself."

Along with being asked to extend the state of emergency, Beshear said the General Assembly will also be asked to review executive orders and agency and cabinet orders.

Senate Majority Floor Leader Damon Thayer previously told WDRB News that any statewide mandates are dead on arrival.

"We're not going to be passing mandates," Thayer said to WDRB last week. "There aren't going to be mask mandates. There aren't going to be lockdowns and shutdowns."

During the special called session, legislators will be able to appropriate funding from the American Rescue Plan.

Beshear said there are additional items for the legislators to address during the special session, including extending the state of emergency in Nicholas County for flooding in Carlisle for 30 to 45 days, along with the General Assembly providing the Cabinet of Economic Development additional flexibility for projects.

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