The Kentucky state Capitol in Frankfort, Ky.

The Kentucky state Capitol in Frankfort, Ky. (WDRB file photo) 

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FRANKFORT, Ky. (WDRB) -- A bill that seeks to protect individuals and businesses from a third "shutdown" got an approval from legislators in a house committee Wednesday.

House Bill 1 aims to allow a business to stay open as long as it "meets or exceeds CDC guidelines."

Rep. Bart Rowland, R-Tompkinsville, is the bill's sponsor. He and the bill's GOP supporters call the bill a safe, data-driven approach opposite to Gov. Andy Beshear's arbitrary executive orders. Beshear mandated that restaurants, bars, gyms and schools close on two occasions during the pandemic.

"Those things are arbitrary decisions that have been made.," said Rep. Jason Nemes, R-Louisville. "What we're trying to do is sweep away the arbitrariness and bring in a data-driven approach."

While the bill has overwhelming GOP support in the legislature, some Democrats on the committee called HB1 unconstitutional.

"I think this is an overreach by the legislative branch of government," said Rep. Derrick Graham, D-Frankfort. "The governor was elected by all of the people across this commonwealth, and he's been given the charge of protecting the health and welfare of all people across Kentucky."

Other Democrats opposing the bill worry it calls safety into questions and undermines Kentucky's response to the COVID-19 pandemic.

"We've lost so many people, but we have lost fewer than our neighbor to the south Tennessee, for example, which is a terrifying situation," said Rep. Patti Minter, D-Bowling Green. "I don't want to become Tennessee."

The bill passed the committee in a party line vote Wednesday. It still needs approval from the full house and senate.

If it becomes law, it would end in January of 2022 or when Beshear ends an executive order.

"The governor has done a lot of things well here," Nemes said. "I'm not somebody who is just sniping at him all the time, but he's gone too far in a number of things, and he's been arbitrary. What we're trying to do is fix that."

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