Beshear gives lawmakers 2 options amid controversy over legislature continuing to meet
Gov. Andy Beshear said late Tuesday that Kentucky lawmakers should pass only a state budget and adjourn, or adjourn now and he will call them back into special session later.
He said he was “done with politics” as controversy arose Tuesday whether the state legislature should remain in session.
The Kentucky General Assembly resumed meeting Tuesday afternoon after being off since last Thursday because of coronavirus concerns, even as Senate President Robert Stivers said he tested negative for the novel coronavirus after feeling ill Monday.
In a floor speech, Stivers, R-Manchester, said he had a low-grade fever and an upset stomach and was tested Monday for the virus. The results were negative, he said.
Stivers said leading lawmakers have met with Gov. Andy Beshear and there is a consensus that the legislature should continue the session “before this becomes even more contagious.”
Stivers said he thinks the legislature can prioritize bills, move quickly to adopt a two-year state budget, “and shoot to get out of here next week with limited contact.”
Tuesday was day 47 of the legislature’s 60-workday session, which must adjourn by midnight on April 15, according to the Kentucky Constitution.
If the legislature wraps up next week, the governor would have 10 days — not counting Sundays — to decide whether to sign a bill, permit it to become law without his signature, or veto it. If the governor makes any veto, a majority of members of both houses may override it.
Asked late Tuesday at his regular update news conference on coronavirus about a letter legislative leaders sent him concerning the session, the Democratic governor said they wanted to know if he would call a special session that would start immediately and they could decide when to end it.
“I’ve seen some back and forth today,” he said about talks with legislative leaders. “I’m done with politics, We are here in a state of emergency where we are trying to protect the health of people out there.”
He then listed two options for the legislature. If they stay, he said, they should not consider “other legislation out there, certainly not laws that would get people fired up.”
He said he would only call a special session to consider the budget and any coronavirus-related measures. Only the governor has the authority to call a special session. Lawmakers determine how long one lasts.
Stivers said Tuesday night that the legislature is “vigorously working to finish the job and pass the biennial budget under which the executive, legislative, and judicial branches will operate for the next two years.
“Under the constitutional mandate that we adjourn by April 15 and our mandate to pass a balanced budget, the legislature is expediting these measures as fast as possible. There are other bills we can consider and achieve final passage while doing our constitutionally mandated jobs in the constitutionally allowed time we have available.”
Stivers said the Republican legislative leaders “were not being political,, and under the logistical and constitutional parameters before us, the General Assembly cannot complete its work any earlier than mid- to late-next week.” and that they appreciated the work of the administration in dealing with the coronavirus.”
The House Democratic Caucus, in a release Tuesday night, said, it “wholeheartedly with Gov. Beshear that, if the General Assembly continues to meet, it should only focus on passing a budget or ways to help the state respond to COVID-19.”
Earlier in the day, Senate Majority Leader Damon Thayer had said “everything is fluid” when asked if lawmakers might abruptly adjourn their annual session.
“Right now, we are looking at strict protocol in trying to conduct the people’s business but leadership plans to meet this morning and discuss the situation,” said Thayer, R-Georgetown.
The ACLU of Kentucky and Kentucky Education Association President Eddie Campbell Tuesday called on the legislature to wrap up business.
“The Kentucky General Assembly must take an extraordinary — but necessary — step, and adjourn,” said ACLU-KY Executive Director Michael Aldridge.
Campbell said lawmakers should first pass a budget and emergency legislation for schools, then adjourn. “It’s time legislators also face this crisis we all are waking up to each day,” he said. “Pass a budget that helps students, parents, educators and their communities. Provide temporary relief to our school districts by suspending their instructional day requirements and extending emergency leave for all school employees. Then go home.”
The primary item for lawmakers to consider is the state’s two-year budget. Gov. Andy Beshear and the House already have presented their versions. The budget bill is now in the Senate.
If lawmakers do not enact a budget by the April 15 deadline , Beshear could call them back into a special session at a later date or they could postpone that work until they are scheduled to meet again next January.
Republican leaders of the House and Senate announced Monday after meeting with Beshear that the 2020 legislative session will continue as scheduled, but with a number of safeguards and precautions in place to mitigate the spread of COVID-19.
The safety procedures included limiting access to the Capitol Annex and legislative proceedings, similar to the governor’s closing of the Capitol to the public.
For the legislative hearings, only elected members, staff, and members of the media will be allowed in the facility until further notice. However, Kentuckians will still be able to view legislative business through streaming services and broadcasting by Kentucky Education Television (KET).
Constituents can still attempt to communicate with legislators by email, the toll-free message line (1-800-372-7181), and the direct line (502-564-8100). The Legislative Research Commission website, www.legislature.ky.gov, will provide further information.
Republicans control both the state House and Senate.
House Democratic leaders late Monday asked its members “who are 60 or older, who have health issues, or who live with someone in these categories to stay home, at least in the near term. We are asking all other caucus members to use their best judgment.”
The roll call Tuesday in the House showed 83 of 100 members and 32 of 38 in the Senate.
Many lawmakers chose not to sit in their seats on the House and Senate floor. Some House members sat in the gallery, concerned about social distancing in a chamber with 100 desks. Others stood off to the side and asked their seat-mates to vote for them.
By the end of the day, the chamber passed several non-controversial bills, while accelerating the legislative process for a number of Senate bills. The House also reinstated the consent calendar, which will enable them to pass large numbers of non-controversial bills more quickly.
On Tuesday, Sen. Whitney Westerfield, R-Hopkinsville, tweeted an email that appeared to be between Rep. Mary Lou Marzian and Osborne, in which Osborne said he and Stivers had asked Beshear to call a special session later, but that Beshear won’t budge.
“As of this time, he has not agreed to do so,” the email says. “I know that he has an incredible load to deal with right now, but we are hopeful he will reconsider.”
There are politics to consider. Democrats, who have a super minority in both the House and Senate, realize that if the legislature only takes up the budget, it would help prevent some bills they vehemently oppose (like a bill to reform public assistance and a bill that targets illegal immigration) from becoming law.
Republicans appear reluctant to let the rest of the legislative session go without finishing their business.
Rep. Kelly Flood, D-Lexington, said her family “strongly recommended” that she stay at home and she plans to do that.
This story was originally published March 17, 2020 at 11:34 AM.
