On Jan. 7, the Kentucky State House and Senate passed four pieces of legislation aimed at limiting the emergency powers of the state governor.
The first bill, House Bill 1, would allow any businesses, schools, or associations to remain open as long as their operating plans meet or exceed guidance issued by the federal Centers for Disease Control and Prevention (CDC). The bill aims to override restrictions placed on businesses and other groups by Governor Beshear (D) in response to the coronavirus pandemic. It passed in the House with 70 votes in favor and 25 opposed.
The second bill, House Bill 5, would limit the authority of the governor to temporarily reorganize administrative agencies and transfer personnel without legislative approval. It passed in the House with 73 votes in favor and 22 opposed.
The third bill, Senate Bill 1, would limit the power of the governor during states of emergency. The bill would sunset after 30 days executive orders issued by the governor related to restrictions on in-person meetings and the functioning of schools, businesses, and churches unless the legislature approves an extension. The bill also allows the state legislature to terminate declarations of emergency at any time. It passed in the Senate with 27 votes in favor and nine opposed.
The final bill, Senate Bill 2, would make it more difficult for the governor to direct state administrative agencies to make emergency regulations without justifying the emergency nature of the situation. The bill defines an emergency situation and requires agencies to demonstrate such emergencies with documentary evidence to receive approval for new regulations from the Administrative Regulation Review Subcommittee. It passed in the Senate with 31 votes in favor and six opposed.
The General Assembly may override a possible gubernatorial veto with a majority vote in both houses.
To learn more about state responses to the administrative state or the COVID-19 pandemic, see here:
- Noteworthy state approaches to address the administrative state
- State government responses to the coronavirus (COVID-19) pandemic, 2020
- Andy Beshear
- Kentucky House of Representatives
- Kentucky State Senate
- Executive control of agencies: State executive removal power over agency officials
- Administrative state
Text of House Bill 1:
Text of House Bill 5:
Text of Senate Bill 1:
Text of Senate Bill 2:
News report about the bills:
Kentucky legislative procedure: