Lawmakers say it’s not political as they try to limit governor in appointing road chief
A controversial bill to limit the governor’s power in appointing the state transportation secretary cleared a Senate committee Wednesday. Republicans claimed the bill was non-political while a Democrat labeled it “a radical departure.”
A few hours later, Democratic Gov. Andy Beshear sharply criticized the bill and said it could hurt negotiations on the Transportation Cabinet’s budget. Some lawmakers are considering an increase in the state’s 26.4-cents-a-gallon gas tax to raise more money for road projects.
The full Senate will next consider Senate Bill 4. If that chamber approves the measure, it will go to the House, where it is expected to face more scrutiny.
The Senate Transportation Committee voted 8-3 for the bill, sponsored by Sen. Jimmy Higdon, R-Lebanon.
Kentucky governors now appoint transportation secretaries on their own.
SB 4 would create a nine-member Kentucky Transportation Board, which would compile a list of candidates for transportation secretary to be sent to the governor. The governor would choose the secretary from that list.
The governor’s choice would be subject to Senate confirmation, making it the only cabinet leader in a governor’s administration with that requirement.
Higdon and Senate Transportation Chairman Ernie Harris, R-Crestwood, said the bill was filed on Election Day last fall before it was determined whether Republican Gov. Matt Bevin or Beshear would be elected.
They said past governors have used road projects to try to win a political advantage in elections. Senate President Robert Stivers, R-Manchester, said earlier this week that Bevin saved up much of the $30 million a year the governor can handle in discretionary funds for road projects until a few months before the November election.
Sen. Gerald Neal, D-Louisville, said the bill is “a radical departure” in taking away the power of a governor. He said the idea needs more study.
Among other duties, the bill calls for the board to develop the first draft of the state’s two-year road budget and base it on an “objective scoring system.” The governor’s administration now creates the plan sent to legislators.
The nine members of the Kentucky Transportation Board would be nominated by three influential groups — the Kentucky Association of Counties, the Kentucky League of Cities and the Kentucky Chamber of Commerce. All three are big spenders in lobbying state legislators.
Of the nine board members, six would be residents and represent each of the six congressional districts in the state and three would be at-large members, with at least one from an urban area and one outside an urban area.
The governor would select the board members from the nominations of the three groups. No more than two members of the board could live in the same congressional district and no more than five of the nine could be of the same political party. Their appointments would be subject to Senate confirmation and last for four years, with initial appointments staggered.
Higdon said Kentucky is one of only nine states where a governor appoints the transportation secretary with no input from the legislature. Sen. Ralph Alvarado, R-Winchester, said Kentucky had a law similar to SB 4 in the 1920s.
Beshear told reporters that the bill is “unfortunate.”
“We are trying to build a tone of cooperation and common ground here in Frankfort. Senate Bill 4 does not help,” he said.
He said the bill was “problematic in that it has less accountability. As governor, the buck stops with me. If we don’t get transportation projects we need done done, the people can blame their governor. But if a governor is not allowed to select his transportation cabinet secretary or given that autonomy, a cabinet run by committee when over a billion dollars are being spent, that’s never worked in business and it won’t work in government.”
Beshear also said he is concerned that the organizations that would propose board members “have an interest in the Transportation Cabinet, whether it’s a county wanting a project or members of the Chamber of Commerce that may be in this industry.”
Asked about the prospects of a gas-tax increase this legislative session, Beshear said, “I believe that any discussion on how to address our Transportation Cabinet budget is harmed significantly by movement on SB 4.”
Higdon said he does not know when the Senate will consider his bill, which is co-sponsored by Stivers and Harris. He predicted that a conference committee made up of House and Senate members will be needed late in the legislative session to agree on a final bill.
If his measure becomes law, Higdon said it is likely to be next February before a new transportation secretary could be named. He said the current secretary, former Lexington Mayor Jim Gray, could be on the list of nominees to the governor.
This story was originally published February 12, 2020 at 11:27 AM.
