Bills restricting Kentucky governor's emergency power moving at warp speed through legislature

FRANKFORT, Ky. (WDRB) -- Kentucky lawmakers are moving quickly to pass bills that would restrict the governor’s power during emergencies.

The House State Government Committee on Friday passed Senate Bill 1, which would put an expiration date on executive orders issued during crises. The bill would limit a governor's emergency orders to 30 days unless extended by the legislature.

Senate Bill 1 would apply to orders closing or restricting schools, businesses and nonprofits, as well as religious, political and social gatherings. It would also place the time limit on orders imposing mandatory quarantine or isolation requirements. Those kinds of orders have all been put in place by Gov. Andy Beshear during the coronavirus pandemic.

"There is no issue — no issue in the last nine months — that I have not heard more from my constituents who are truly, truly suffering and hurting,” said Rep. James Tipton, R-Taylorsville, who supports the bill.

Democrats argued the bill would tie a governor's hands during a crisis and pointed out that Beshear's mandates have worked to slow the virus.

"We have the lowest numbers of any of the surrounding states, and that is largely because Gov. Beshear has kept us safe," said Rep. Patti Minter, D-Bowling Green.

Senate Bill 1 would also remove the authority of the governor or secretary of state to change election procedures without approval from the legislature. Because of the pandemic, Beshear and Republican Secretary of State Michael Adams agreed to an order expanding early and mail-in voting during both the 2020 primary and the general election.

The bill easily passed the committee, 12-5, along a party-line vote. Two Republicans did pass because they said the measure does not go far enough.

"I think that we need additional safeguard measures for some of the folks that have been hurt the worst and hit the hardest by the restrictions that have been in place,” said Rep. Savannah Maddox, R-Dry Ridge.

Even some of the bill’s supporters expressed concern that it lowers the penalty for violating an emergency order from a class A misdemeanor and possible jail time to a $100 fine.

"We have to have more of a penalty than 100 bucks," said Rep. Jason Nemes, R-Louisville. "We have to have teeth to the regulation. That just has to happen."

"We thought it would be better to limit the fine to $100 to extend some grace during a traumatic time," said the bill's sponsor, Sen. Matt Castlen, R-Owensboro.

There will likely be amendments proposed to the bill when it is introduced on the House floor. Supporters hope the measure would have the effect of opening lines of communication.

"My hope would be that, well before those 30 days come about, conversations would start between the governor and the General Assembly," Tipton said.

The committee also passed Senate Bill 2, which would limit a governor's power to impose new regulations without a public hearing.

The bills have passed the Senate and could pass the full House as early as Saturday, when lawmakers will hold a rare weekend meeting in order to quickly get proposed legislation to the governor's desk.

Beshear is expected to veto these and other measures that would curb his emergency power. Republicans hold super-majorities in both the House and Senate, which are more than enough to override any veto.