The Kentucky General Assembly has overridden six priority GOP bills that Gov. Andy Beshear vetoed last month. Three of those bills are aimed at narrowing a governor’s emergency powers, and Beshear has already filed a lawsuit asking for a temporary injunction to enjoin those pieces of legislation.
Each of the six bills easily passed through both Republican supermajority chambers prior to the vetoes. A simple majority vote in each chamber was all that was needed to override Beshear’s vetoes.
Senate Bills 1 and 2, along with House Bill 1, all implement limitations on the power of the governor during an emergency.
Beshear has defended his executive orders, saying they have saved lives. He said overriding the vetoes on those three bills in particular would eliminate the rules and practices his administration has instituted to keep Kentuckians safe.
However, Republican lawmakers have generally said for months that Beshear’s actions are government overreach and that they are addressing the concerns of their constituents.
Prior to the General Assembly overriding three of the Governor’s vetoes, Beshear sent a letter to Speaker of the House David Osborne and Senate President Robert Stivers seeking to meet and discuss a compromise.
Stivers and Osborne indicated they had received the Governor’s letter 12 days earlier but insisted the timing of the legislative session “will make such discussions a challenge” and that “given our time constraints we are compelled to proceed with the veto override votes this week,” according to a release from Besehar’s office Tuesday evening.
During a Monday news conference when he first acknowledged the response from Stivers and Osborone, Beshear said: “If their comment is ‘we’re going to override your vetoes no matter what and maybe we can talk later,’ I guess mine is ‘we’ll see you in court.’ I cannot and will not let the health and the lives of the people of Kentucky be put in this danger when we are so close to getting out of this.”
Castlen — who sponsored Senate Bill 1, an act relating to emergencies and declaring an emergency — said the GOP state lawmakers were confident in their legislation.
“We worked hard on these, and we as the General Assembly have the ability to change statute,” Castlen said. “That’s exactly what we did. As the lawmaking branch of government, we changed the law to reflect his actions and what he’s done. It’s not unconstitutional. If he does challenge this in court, we look forward to defending these laws and representing the people of Kentucky.”
Senate Bill 1
SB1 dictates 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.
Castlen prefiled a version of this bill in August.
“I heard from lots of constituents, small business owners, moms and dads whose kids were out of school and they were trying to balance a life and earning a living and holding their households together, our restaurant owners, our daycares, or essential workers — I heard from so many about the governor’s overreach,” Castlen said Tuesday following the veto overrides. “We represent districts from all over Kentucky, different demographics and different styles of economy. This allows us to come to Frankfort and represent them as a co-equal branch.”
Senate Bill 2
SB2 requires some administrative regulations to last no longer than 30 days if, for example, they imposed restrictions on gatherings or mandatory quarantines.
House Bill 1
HB1 allows businesses, schools, nonprofits to remain open if they follow a comprehensive operating plan that details how they will safely adhere to the CDC or state guidelines, whichever is least restrictive.
House Bill 2
HB2 gives the Attorney General the authority to seek an injunction and civil or criminal penalties for violations of statutes and administrative regulations guiding the practice of abortion.
House Bill 3
HB3, which allows people to file lawsuits against the state in their home counties instead of requiring those cases to be heard in Franklin Circuit Court in Frankfort.
House Bill 5
HB5 prohibits a governor from temporarily reorganizing state boards and commissions. All executive branch and board reorganizations would require a vote of the General Assembly.
