Beshear vetoes five bills limiting his power. Republicans likely to override him.
Gov. Andy Beshear vetoed five pieces of legislation Tuesday that attempted to limit his executive powers, saying they would “significantly hamper the important steps” he has taken to slow the spread of COVID-19.
Beshear vetoed House Bill 1, Senate Bill 1, Senate Bill 2 and House Bill 5, all of which would shift power from the executive branch to the legislative branch when dealing with emergencies, such as the coronavirus pandemic. He also vetoed House Bill 2, which would give the Attorney General authority over enforcement of abortion laws.
“Issuing a veto is my constitutional obligation as governor,” Beshear said. “And it’s my job to issue those vetoes with veto statements when I don’t think something is constitutional, when I think something will harm Kentuckians.
Citing a poll conducted by a consortium of universities and medical schools, Beshear claimed an overwhelming majority of Kentuckians supported his previous orders calling on people to stay home and avoid gathering in groups, limiting restaurants to takeout and shutting down K-12 schools to in-person classes.
“Kentuckians support the steps we’ve taken,” Beshear said. “By taking these steps, we’ve been successful.”
Republicans have veto-proof majorities in both the House and Senate and will be able to override the vetoes when they resume the legislative session. The session is slated to resume on February 2.
Beshear still had two days before his deadline to veto the bills.
In vetoing House Bill 1, Beshear said he had concerns about turning CDC guidelines into state regulations that govern when and how businesses can remain open, citing a letter from the head of the CDC that says the organization provides recommendations, not regulations. The bill was amended before passing to also include Beshear’s state-issued guidance, allowing Beshear to follow whichever rule is the least restrictive.
“It’s going to cause chaos because no business will know what they can and cannot do,” Beshear said. He said he did not believe the bill was constitutional.
Beshear also vetoed Senate Bill 1, which, among other things, would call the legislature into session to approve emergency orders that last beyond 30 days. Had such a rule been in effect during 2010, Beshear said lawmakers would have been called into special session at least 10 times at a cost to taxpayers of more than $3 million.
Senate Bill 1 also removed the ability of the governor and secretary of state to determine how an election should be conducted during an emergency.
“I am vetoing Senate Bill 1 because it unconstitutionally interferes with the governor’s power and responsibility to confront emergencies,” Beshear wrote. “It would severely limit Kentucky’s ability to respond to emergencies like this pandemic, putting lives at risk.”
Beshear also called Senate Bill 2 — a companion bill to Senate Bill 1 that would give the legislature more power over administrative regulations — “unconstitutional.”
Beshear vetoed House Bill 5, which would prevent temporary reorganization of executive branch cabinets, agencies, boards and commissions, funneling all reorganizations through the General Assembly during a legislative session. Beshear said it would hamper his ability to compete for federal grants.
“We’re going to try and find a way forward there too, that addresses the overall larger concerns while it doesn’t intentionally hamstring the executive branch from doing its job by having to go to the general assembly every time we want to combine two general counsel offices to save a little money,” Beshear said.
Beshear did not address the abortion bill during his press conference. In his veto message, he said the Attorney General did not have the expertise or capacity to regulate medical providers.
“Given the divergent views on this legal medical procedure, it is also critical to have an impartial regulator,” Beshear wrote.
This story was originally published January 19, 2021 at 5:42 PM.
