KY legislature sets ‘least restrictive’ COVID-19 standards for businesses, schools
In a rare Saturday session, the Kentucky General Assembly modified and then approved a bill intended to restrict Gov. Andy Beshear’s ability to regulate or close businesses and schools during the COVID-19 pandemic.
After a nearly two-hour debate, the full Senate approved a revised House Bill 1 on a 28-7 vote and sent it back to the House for its consideration. The House then made two changes to the bill and the Senate agreed with them on a 26-5 vote, sending the bill to the governor for his consideration.
Beshear has pledged to veto it, along with other bills the legislature gave final approval to on Saturday. Republicans, who hold super majorities in the House and Senate, can easily override any vetoes. If that happens, Beshear has said he will challenge the new laws in court.
The Senate State and Local Government Committee altered the bill earlier in the day. The measure had previously said businesses and schools must follow guidelines issued by the federal Centers for Disease Control and Prevention instead of emergency orders issued by Beshear. It now says they can follow the “least restrictive” guidelines set by either the CDC or Beshear.
The Republican-led legislature hurriedly made changes to the bill after Beshear, a Democrat, pointed out Friday afternoon that his orders are sometimes less restrictive than CDC guidelines, which GOP lawmakers have been calling the “gold standard.”
During the Senate debate on the bill, several Democrats contended that the legislation was rushed and confusing.
Sen. Karen Berg, who represents Oldham and part of Jefferson County, said guidelines change quickly and businesses often don’t have the chance to keep up with them. Senate Minority Leader Morgan McGarvey, D-Louisville, said the wording of the bill was vague, noting there is no definition in it for “guidance” for businesses.
But Sen. Chris McDaniel, R-Latonia, said the measure “gives a degree of certainty to businesses and schools.”
The debate over House Bill 1 has been tinged with resentment against Beshear, who many Republican lawmakers feel left them out of the process as he imposed restrictions that left their constituents howling.
“The governor, as I have said many times, does not communicate with this body,” said Sen. Ralph Alvarado, who was former Gov. Matt Bevin’s running mate in their failed 2019 bid. “And so he has to go on television to express his concerns regarding legislation.”
Alvarado, R-Winchester, said the fact that Beshear expressed his concerns during his daily update on COVID-19 instead of directly talking to lawmakers was one of the reasons the bill was changed so late in the process. During that update Friday, Beshear said no one from his administration was asked to testify before a committee on bills aimed at stripping his power.
Only one Republican voted against the bill: Sen. Tom Buford, R-Nicholasville. He raised questions about employer contributions for unemployment insurance, saying “big-box stores” like WalMart and Lowe’s might be exempt from the payments.
Time-limit on emergency orders approved
Shortly after House Bill 1 passed the Senate, the House passed a bill that would limit the duration of Beshear’s executive orders. Senate Bill 1 would put a 30-day expiration date on any executive orders that impose any mandatory quarantine or isolation requirements and limits in-person gatherings at schools, businesses or religious organizations.
The bill would also prevent the governor and secretary of state from setting the “manner” of elections during an emergency, giving the power solely to the legislature.
Rep. Derrick Graham, D-Frankfort, warned Republicans about taking power from the other branches of government.
“We need to be very careful about treading on the separation of powers and the checks and balances of government,” Graham said.
His calls went unheeded. The bill passed the House by a 75-21 margin and now goes to Beshear for a likely veto.
Rep. Savannah Maddox, R-Dry Ridge, hailed the bill as “the pivotal piece of legislation Kentuckians have been waiting for for the past nine months.”
Other GOP priority bills sent to Beshear
The General Assembly spent much of the day passing their priority bills to send to the governor.
The first bill receiving final passage this year was House Bill 2, a repeat of a bill that was vetoed by Beshear in the 2020 legislative session. It would allow the attorney general to regulate and enforce laws against abortion providers without having to get a certification from the secretary of the Cabinet for Health and Family Services.
It also defines abortions as “elective” procedures — a response to the COVID-19 shutdown last spring when elective surgeries were suspended but abortions were deemed essential procedures and were allowed to continue.
The Senate approved the bill on a 30-5 vote. Sen. Karen Berg, a physician and a Democrat who represents Oldham and part of Jefferson counties, said it was “a great, great disservice” to Kentuckians that HB 2 was the first order of business for the Senate on a Saturday when COVID-19 is killing many people.
The House approved and gave final passage to Senate Bill 9, another abortion bill vetoed by Beshear, that would require physicians to “give medically appropriate and reasonable life-saving and life-sustaining medical care and treatment to all born-alive infants.”
Planned Parenthood Advocates of Indiana and Kentucky (PPAIK) said in a release that the two abortion bills “lack any medical relevance according to health care experts, do not actually address any real-world problems Kentuckians face and will instead criminalize providers and increase health risks, stigmatization and grief for patients if passed into law.”
The legislature passed two more bills dealing with executive power. House Bill 5, which strips the governor of the ability to temporarily reorganize executive branch cabinets, boards, agencies and commissions when the legislature is not in session, received final passage in the Senate 29-9.
Senate Bill 2, which gives the legislature more oversight over administrative regulations, made it through the House of Representatives 74-21. The Senate later gave final passage to it on a 28-4 vote.
Lawmakers will resume their work on Monday.
This story was originally published January 9, 2021 at 12:03 PM.
