Republican Senator Matt Castlen on Tuesday introduced Senate Bill 1, the chamber’s top priority bill, to the General Assembly. If signed into law, the legislation would limit the time frame executive orders or directives issued by Kentucky’s governor could be in effect during a state of emergency to 30 days, unless an extension is approved by the General Assembly.
Upon expiration of the executive order declaring an emergency, the new bill would also keep the governor from declaring a new emergency or continuing to implement any of the powers without approval from the General Assembly.
“We recognize that it is essential for a governor to be able to do their job and do it well,” Castlen said. “That’s why we’re giving the governor 30 days to issue an (executive order) to keep Kentucky safe. After 30 days, the General Assembly would be obligated to be part of the process.”
The bill must go through the normal legislative process before it could be voted on and enacted.
Owensboro Times first reported in August 2020 that Castlen had prefiled a bill for an act relating to emergencies — though some changes were made to the bill he introduced Tuesday. At the time, Castlen said while he doesn’t agree with all the decisions and orders by Gov. Andy Beshear during the course of the pandemic, the bill is not targeted specifically to counter his actions.
In introducing the bill to the General Assembly on Tuesday, Castlen again noted that the bill is designed to create a balance of power among the three branches of government going forward rather than addressing any decisions made over the last year.
“I will not argue the events over this past year, the decisions made, the regulation placed on individual livelihoods, or the infringements of beliefs,” Castlen said. “But will I argue moving forward as the Commonwealth of Kentucky, we will not repeat having one person in total control for the amount of time without input from the people’s branch of government.”
Castlen further iterated that balance of powers are essential for good public policy.
“There can be detrimental effects if the pendulum swings too far one way or the other,” he said. “In 2021 the General Assembly can gather quickly and efficiently. It is especially important for us to be part of the decision-making process when our state’s economy, your livelihood, or your freedoms hang in the balance.”
In August, Castlen told Owensboro Times the bill would only really come into effect under abnormal circumstances — such as a pandemic — because most states of emergency are for short-term disasters such as tornadoes.
Other Senate priority bills were filed that adressed actions regarding states of emergency, including:
- Senate Bill 2: An act relating to administrative regulations (Sen. Steve West)
- Senate Bill 3: An act relating to reorganization (Sen. Paul Hornback)
- Senate Bill 5: An act relating to emergencies and declaring an emergency (Senate President Robert Stivers)
The House also filled multiple bills with priorities based around states of emergency and the General Assembly, including:
- House Bill 1: An act relating to re-opening the economy in the Commonwealth of Kentucky in response to the State of Emergency declared by the governor (Rep. Bart Rowland)
- House Bill 2: An act relating to medical procedures and declaring an emergency (Rep. Joseph Fischer)
- House Bill 3: An act relating to civil actions and declaring an emergency (Rep. Ed Massey)
- House Bill 4: An act amending Sections 36 and 42 of the Kentucky Constitution relating to sessions of the General Assembly (House Speaker David Osborne)
- House Bill 5: An act related to reorganization and declaring an emergency (Rep. Michael Meredith)
