The Kentucky Senate moved swiftly on the third day of the 2021 Regular Session to pass a pair of bills that would curtail the governor’s use of executive orders and regulations. The House also quickly passed a bill that includes a provision to allow businesses and schools to remain open under certain conditions during the pandemic.
Senate Bill 1 — introduced by Sen. Matt Castlen, R-Owensboro — would dictate that executive orders that place restrictions on the function of schools, businesses or nonprofits expire after 30 days, unless extended by the General Assembly. The same would go for executive orders that regulate political, religious and social gatherings or impose mandatory quarantines or isolation requirements.
Other provisions of SB 1 would allow chief executive officers or legislative bodies of local governments to seek emergency executive orders for their communities beyond 30 days in length.
Another provision of SB 1 would allow the General Assembly to terminate a declaration of emergency at any time by a joint resolution.
Castlen said he introduced the bill because the pandemic brought to light “fractures” in the current laws concerning executive orders.
Senate Bill 2 — sponsored by Sen. Stephen West, R-Paris — would have similar effects. That measure would require some administrative regulations to last no longer than 30 days if, for example, they imposed restrictions on gatherings or mandatory quarantines.
Paris said the goal of that measure was to provide a more logical administrative process, transparency and legislative oversight to hamper the ability of executive agencies to legislate through regulation.
SB 1 passed by a 27-9 vote, while SB passed with a 31-6 vote.
SB 1 and SB 2 contain emergency clauses, meaning the measures would become effective immediately if they are passed into law rather than 90 days after adjournment of the legislature.
The bills have now gone to the state House of Representatives for further consideration.
Meanwhile, House Bill 1 became the first bill passed by the House this legislative session.
HB 1 — whose primary sponsor is Rep. Bart Rowland, R-Tompkinsville — would allow any business or school district to remain open as long as they form and implement a comprehensive COVID-19 safety plan following CDC pandemic guidelines and post the plan on-site, such as on a front door, where customers or students and parents can read them.
The bill also suspends penalty and interest on unpaid unemployment insurance through the end of the calendar year.
One of the provisions of HB1 prohibits the state from halting in-person visitation rights of non-custodial parents. The Cabinet for Health and Family Services will not be allowed to restrict, modify, or suspend in-person non-custodial parental visitation.
In addition, residents of long-term care facilities would be allowed to have a designated essential personal care visitor. The visitor would be required to follow COVID-19 safety protocols among other requirements.
HB 1 has now gone to the Senate for consideration.
Full text of the bills can be found on the Legislative Research Commission’s website at legislature.ky.gov.
