GOP swiftly overrides Beshear vetoes. He immediately challenges COVID laws in court.
Kentucky Republicans asserted their control in Frankfort Tuesday, overwhelmingly voting to override vetoes issued by Democratic Gov. Andy Beshear of bills that limit his powers during the coronavirus pandemic and other emergencies.
The action by lawmakers upon returning to the Capitol after a three-week break set the stage for a court battle, which Beshear initiated immediately.
In announcing his lawsuit against House Bill 1, Senate Bill 1 and Senate Bill 2, Beshear accused lawmakers of surrendering to COVID-19.
“Today, the General Assembly attempted to surrender to COVID-19 and accept the casualties. As your governor, I cannot let this happen,” Beshear said. “I have filed this action to continue to fight for the protection of all Kentuckians.”
The action fulfilled a promise he made Monday to fight the laws in court, setting up another battle in which the judicial branch will determine whether Beshear has the power to place restrictions on gatherings and businesses to limit the spread of COVID-19.
Most lawmakers did not seem concerned Tuesday about that possibility and were ready to override the governor’s vetoes.
“Pardon me for my eagerness today,” said Senate Majority Leader Damon Thayer, R-Georgetown, when introducing the vetoed bills in the Senate.
While Republican leaders and Beshear feigned interest in a compromise over the break, but the House of Representatives voted 71 to 23 to override Beshear’s veto of House Bill 3 within 30 minutes of opening the second half of the 2021 legislative session. The bill would allow lawsuits concerning state government to be heard in other circuit court districts instead of Franklin Circuit Court.
Three other votes quickly followed.
In overriding House Bill 1, the legislature will make it difficult, if not impossible, to impose any restrictions shutting down bars or restaurants to limit the spread of COVID-19. While cases of the virus have been going down — and the state is attempting to rapidly vaccinate Kentuckians — new, more contagious strains of the virus have started popping up throughout the country.
The bill will allow businesses to stay open so long as they are following either guidelines issued by the Centers for Disease Control or restrictions imposed by the state, whichever are the least restrictive.
Rep. Rachel Roberts, D-Newport, owns a yoga studio and said the bill will lead to more confusion for small business owners like herself.
“I find this bill to be confusing, I find it to be reckless and I think it will lead to more loss of life,” Roberts said.
Republican lawmakers — who remain angry about the restrictions Beshear placed on businesses and religious organizations — offered little in-terms of debate, letting their votes do the talking with a 72-22 vote to override the veto.
House Bill 2, a bill that hands power over the enforcement of abortion laws from the governor to the attorney general, passed with a slightly larger margin, with Democratic Rep. Angie Hatton, D-Whitesburg, and Rep. Ashley Tackett-Lafferty, D-Martin, voting to override the governor.
House Bill 5, which restricts the executive branch from temporarily reordering cabinets, agencies, boards and commissions when the legislature is not in session, also easily passed 71-23.
All of Beshear’s vetoes of House bills were erased in less than an hour in the House. All the bills have an emergency clause, which means they take effect immediately.
Later in the day, the Senate wasted little time in agreeing with the House to override the four vetoed House bills and overrode vetoes of two of their measures — Senate Bills 1 and 2.
SB 1 limits a governor’s emergency orders to 30 days unless the legislature extends them. It also says the attorney general would have to sign off on the suspension of state law in an emergency. It also removes the ability of the governor and secretary of state to decide the manner in which an election is conducted during an emergency.
SB 2 limits certain administrative regulations from lasting longer than 30 days.
The two Senate bills were overwhelmingly passed by the House of Representatives in the early evening.
Supporters of the governor’s vetoes said the bills handcuff the governor and do nothing to help the people. Opponents of the vetoes said the legislation is needed to restrain a power-hungry governor.
Senate President Robert Stivers, R-Manchester, had a parting shot for the governor as he adjourned the Senate for the day.
“I’ll see you in court,” he said.
This story was originally published February 2, 2021 at 5:56 PM.
