KY House lays out which COVID-19 orders it would keep. Masks aren’t one of them.
As a legal case over Gov. Andy Beshear’s executive powers moves through the Kentucky courts system, the Kentucky General Assembly is moving legislation that says which of his executive orders and regulations dealing with the COVID-19 pandemic that it would — and wouldn’t — extend.
House Joint Resolution 77, which passed the House of Representatives Thursday night, lists eight executive orders and a number of other administrative regulations and orders related to the coronavirus that it would extend for 60 days. Beshear’s executive orders mandating masks and placing capacity restrictions on restaurants and most other businesses did not make the list.
The resolution now goes to the Senate for its consideration. Passage of the resolution, though, would not immediately eliminate Kentucky’s mask mandate or restrictions on businesses. After the General Assembly passed laws in January to restrict Beshear’s executive powers, specifically his ability to issue executive orders to limit the spread of COVID-19, Beshear’s office challenged the laws in court.
Franklin Circuit Court Judge Phillip Shepherd placed a temporary injunction on the laws earlier this month, in effect keeping Beshear’s orders in place as the case works its way through the legal system.
Shepherd encouraged lawmakers to get together with Beshear and compromise on which executive orders should be extended. But House Speaker David Osborne, R-Prospect, said Beshear responded “in a manner that made those negotiations impossible.”
The legislature has not yet appealed Shepherd’s ruling. Thursday night, Osborne said lawmakers were considering making changes to statutes instead of going through the courts, raising the prospect that new legislation could emerge to stem Beshear’s power with only three days left before the legislature loses the ability to override gubernatorial vetoes.
“We still very well may appeal,” Osborne said. “We may also just pass additional legislation and go that route.”
Osborne did not say what the potential legislation might be.
Beshear’s spokesman, Sebastian Kitchen, criticized that approach.
“The Franklin Circuit Court has already ruled on this issue and enjoined the legislature’s attempt to limit the governor’s authority,” Kitchen said. “The legislature must either respect or appeal that ruling, not try to circumvent it.”
The House Joint Resolution, sponsored by Osborne, would only apply if the legislature wins in court against Beshear, potentially preventing an additional special legislative session should a court ruling come down after the session ends on March 30.
The resolution also creates a precedent for the process of approving a governor’s executive orders if the law holds. It also indicates which executive orders aimed at limiting the spread of COVID-19 the legislature supports. It does not deal with Beshear’s emergency orders regarding the recent flooding and ice storms in Eastern Kentucky.
“This particular bill is showing exactly how it would work in any other situation,” Osborne said. “We may take up something before we leave here, quite frankly, that will deal with the ongoing emergencies in east Kentucky.”
The resolution would extend Beshear’s orders declaring a state of emergency over the COVID-19 pandemic, regarding the dispensing of pharmaceuticals, prohibiting price gouging, relating to insurance, allowing the reemployment of state workers, recommending that certain travelers from out-of-state quarantine for 14 days upon coming to Kentucky, regarding utilities and regarding unemployment.
It also extends parts of an executive order requiring precautions at state agencies and a number of administrative regulations put in place to help address the pandemic, from allowing dentists to administer the vaccine to school COVID-19 notification standards.
“We’re extending them because we see the need and the rational for those orders being in place and continuing,” said Senate President Robert Stivers, R-Manchester.
Earlier this week, three businesses filed a competing lawsuit against Beshear in Scott County arguing that his COVID-19 restrictions are now void because of the laws passed by the General Assembly earlier this session. The case isn’t scheduled for a hearing until April 1, and Beshear called it a “collateral attack” on the ruling in Franklin Circuit Court.
As hospitalizations and cases of COVID-19 have fallen across the country, a handful of states have moved to completely remove their COVID-19 restrictions (against the advice of federal health officials). Some lawmakers appeared eager for Kentucky to join those states.
“It seemed like the first week we took on a big task of getting some things out to help the people back home,” said Rep. Tom Smith, R-Corbin. “I go back home and explain what all we done for them. The hard part is explaining that none of it’s held water. So now we’re putting something else through and I’m hoping it holds some water.”
