LOUISVILLE, Ky. (WDRB) -- Kentucky lawmakers return to the Capitol in Frankfort on Tuesday after Gov. Andy Beshear called a special session amid a COVID-19 surge in the state.
While Beshear and Republican legislators agree a special session is necessary, there are differing opinions on what legislators should do to slow the spread of the virus.
All sides do seem to agree on a continuation of a state of emergency, which is set to end Sept. 10.
"There are multiple school districts across the state that are closing because their rates are so high. There are emergency rooms that are filling up. There's a shortage of ventilators," State Sen. Morgan McGarvey said. "We really are in a state of emergency right now and to not recognize that legislatively would be a mistake."
Rep. Jason Nemes, (R-Louisville) told WDRB News on Saturday that continuing the state of emergency is a good idea.
"There's a lot of things that depend on the state of emergency being continued, which will be done," Nemes said. "Things from receiving federal funds, things of that nature."
A statewide mask mandate seems unlikely, even after Beshear pushed for legislators to consider a statewide mask mandate. Senate Majority Floor Leader Damon Thayer told WDRB News last week that any statewide mandates are dead on arrival.
"We're not going to be passing mandates," Thayer said. "There aren't going to be mask mandates. There aren't going to be lockdowns and shutdowns."
Rep. Kevin Bratcher (R-Louisville) isn't in favor of widespread mandates.
"I am not for a broad, one-size-fits-all mask mandate," Bratcher said. "On every issue, we need to get away from the one-size-fits-all solutions that the governor was doing last year."
Beshear's executive powers used to combat the pandemic remains a contentious issue after the governor's emergency powers were limited by the Kentucky Supreme Court following a ruling in August.
"If the local government can keep the levels low in the green or even in the yellow, then maybe they would make that determination," Beshear said Saturday. "When it gets to orange, or especially red, sometimes it's easier to make the call here."

Student learning while wearing a mask in a Kentucky school.
Kentucky education groups have asked for more flexibility in utilizing remote learning as legislators turn to the special session.
According to Kentucky School Boards Association, 23 of the state's 171 school districts have closed in some way during the 2021-22 school year. Nontraditional instruction (NTI) is currently limited to 10 days by law. A more localized focus for NTI is a topic for legislators to discuss.
"You have to have the entire district out to use NTI," Beshear said. "Moving that down to the school or classroom level, I know is something that is going to be considered."
Nemes said legislators and Beshear are working together for a solution.
"We don't agree on everything, but we are working together, I think, very well," Nemes said.
McGarvey, a Democrat, said the pandemic isn't an urban-against-rural problem or Democrat-versus-Republican issue.
"We have to come together and say, 'We're going to let science and facts guide our decisions on how to best protect our people' to keep our businesses and schools open and to make sure we really do get to the other side of this pandemic," McGarvey said.
The special session begins at 10 a.m. Tuesday.
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- Gov. Beshear calls special session for legislature amid COVID-19 surge
- School leaders say steady funding, flexibility in remote learning and hiring needed with COVID-19
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