‘See you in court,’ Beshear tells legislative leaders on taking up his vetoes this week
A frustrated Gov. Andy Beshear said late Monday he will go to court if state lawmakers this week override his vetoes of legislation that limits his authority to issue and enforce emergency orders to limit the spread of COVID-19.
His comment came after the top two legislative leaders — Senate President Robert Stivers and House Speaker David Osborne — sent him a one-page letter earlier in the day telling the Democratic governor that they plan to vote on his vetoes this week and can talk later with him.
The two Republican leaders said that regardless of the outcome of the legislature’s votes on the vetoes, “we will be happy to sit down with you as soon as schedules allow and talk about what modifications might improve the legislation and its application to the ongoing pandemic.”
That did not sit well with Beshear.
He was asked his response to the legislative leaders’ letter at his regular news conference to update the COVID-19 situation in Kentucky.
Beshear said he learned earlier in the day that they “are unwilling to engage in negotiation or talks before they override” vetoes.
“It was something that they say they were willing to do. We put an offer on the table. We followed up numerous times about whether it had been seen and whether we were going to meet and then the day before the session is about to start we got a letter saying we don’t have time, we are going to override your vetoes and maybe we can talk after.”
Beshear said much is at stake. He said some of the bills in question would eliminate important practices to keep people safe. He said they would make masking voluntary. That could mean Rupp Arena in Lexington could be filled up with maskless fans, “a type of super spreader events we have been trying to avoid.”
“If their comment is we are going to override your vetoes no matter what and maybe we can talk later, I guess mine is ‘we are going to see you in court.’ I cannot and will not let the health and lives of the people of Kentucky be put in this danger when we are so close to getting out of it.
“This would mean Kentucky would have the least ability of any state in the United States to respond to this crisis and save lives.”
He said he could not allow that to happen.
The Democratic governor sent a letter Jan. 20 to Stivers and Osborne, seeking a compromise on the legislation after Stivers indicated they could talk about the legislation. They replied to the governor a day before lawmakers return to the Capitol Tuesday after leaving Jan. 13 for a break.
Stivers, R-Manchester, and Osborne, R-Prospect, did not respond Monday to requests by the Lexington Herald-Leader for comment. Their letter to Beshear was obtained through an Open Records request to the governor’s office.
In their one-page reply to Beshear Monday, Stivers and Osborne said they welcome Beshear’s interest in discussing possible changes to the bills passed “with overwhelming support of both chambers of the General Assembly.” Republicans outnumber Democrats in the House 75 to 25 and control the Senate by a 30-8 margin. They can easily override any gubernatorial veto.
The legislative leaders said to the governor, “The amount of work on the budget and other legislation that must be addressed in this short session will make such discussions a challenge, but we are certainly willing to engage with you to achieve the best, long-term public policy outcomes for all Kentuckians.”
They then proceeded to voice a concern they have raised often during the pandemic: not enough communications between the executive and legislative branches.
Beshear had said recently that his administration has made more than 40 appearances in legislative committee hearings and spent more than 30 hours testifying about the virus.
“We recognize there has been communication between your administration and the legislature, but there is a critical difference between one-sided communication and the collaboration our constituents expect from their elected officials.” said Stivers and Osborne.
“Actively discussing policy likely would have lessened the angst of so many Kentuckians over these last months, made the work you have done less controversial and provided comfort to everyone in a year that has been so highly charged for a variety of reasons.”
The legislative leaders said because of time constraints, they will proceed this week with voting on the vetoes. Legislative rules say the chambers have until the end of a session to override any vetoes. This year’s session is to end March 30.
The leaders added, “This can be a valuable opportunity to engage productively in addressing the issues facing our Commonwealth.”
Beshear said in his Jan. 20 letter that he preferred that any legislation concerning his emergency powers wait until after the pandemic.
He especially was concerned about Senate Bill 1 and 2 and House Bill 1. SB 1 limits a governor’s emergency orders to 30 days unless a legislature extends them. It also says the attorney general would have to sign off on the suspension of state law in an emergency. HB 1 would let businesses, schools, nonprofits and churches remain open providing they meet the least restrictive guidelines set by either the federal Centers for Disease Control and Prevention or the state executive branch, and SB 2 would put in place more legislative oversight of a governor’s administrative regulations.
This story was originally published February 1, 2021 at 4:01 PM.
