Beshear vetoes more bills. One exempts the legislature from the KY open records law.
Gov. Andy Beshear vetoed three bills Tuesday, including one that would weaken Kentucky’s open records law.
In his second announcement of vetoed bills in as many days, Beshear said House Bill 312 undermines Kentucky’s Open Records Act, calling it a “recipe for secrecy.” The bill would allow lawmakers to shield all legislative records from public inspection and bar non-residents of Kentucky from access to open records, among other things.
“HB 312 does not live up to our values of a transparent government,” Beshear said. “We shouldn’t be trying to hide things. Whether it’s the legislative branch, the executive branch or the judicial branch, a strong open records act, that ensures public access, makes sure government always works for the people.”
It was the decision to let legislative leaders unilaterally decide which documents should and shouldn’t be subject to the Open Records Act that caused Beshear to veto the bill. Under current law, if an open records request is denied by the executive director of the Legislative Research Commission, the person making the request can appeal to the full commission, which is made up of House and Senate leadership. Following that, the person making the request can appeal to the courts.
The bill would eliminate that process, making the legislative research commission the ultimate arbitrator over its records, similar to how records in the judicial system are not subject to open records law (after a minor scandal in 2017, the judicial system released a formal policy for its records).
The Republican-controlled legislature is expected to override Beshear’s vetoes when they return to the Capitol March 39 and 30.
Beshear also vetoed two other bills: HB 475, which prevents the Kentucky Occupational Safety and Health Standards board from adopting safety regulations that are stricter than federal standards; and SB 65, which prevents Beshear’s Cabinet for Health and Family Services from expanding federally-funded Supplemental Nutrition Assistance Program (SNAP) benefits.
SB 65 is an attempt to bar “deadbeat dads” from collecting SNAP benefits if they owe more than $500 in back-pay on child support, similar to a ban that was in place under the Bevin Administration. While it is difficult to pin down exactly how many children would be affected, Democrats have argued that it could be thousands.
“This is a cruel bill at any time,” Beshear said. “But certainly during a once-in-a-hundred-year pandemic.”
The Beshear Administration overturned the Bevin-era restrictions at the beginning of the pandemic, without legislative approval, citing their desire to make sure kids would have access to food benefits even if they weren’t attending in-person school.
Beshear signs 10 bills into law
Along with his vetoes, Beshear signed into law 10 bills he said would provide more protection for Kentuckians.
House Bill 8 is a financial boon to rape crisis centers, domestic violence shelters, child advocacy centers and other nonprofit organizations that take care of vulnerable people. It allows non-hazardous employers in the Kentucky Retirement Systems to pay a fixed dollar amount per employee over 30 years, instead of a constantly changing percentage of payroll.
Some of these program were facing huge employer contribution rates this year. They said they would have to make cuts in critical services if they did not get relief.
Hope Burns, executive director of the Buffalo Trace Children’s Advocacy Center in Maysville, said she is “breathing a sigh of relief.”
Beshear signed several bills he said would attack Kentucky’s No. 1 ranking in the nation for child abuse.
House Bill 254 increases penalties for possessing and distributing materials portraying a child under 12 in a sexual performance.
Senate Bill 66 creates employment and background check standards for a staff member working or volunteering at a youth camp, and SB 64 cracks down on online child abusers.
House Bill 472 extends the statute of limitations for misdemeanor sex offenses involving minors from five years after their 18th birthday to 10 years after their 18th birthday.
Terry Brooks, head of Kentucky Youth Advocates, said the bills will make sure survivors can seek accountability for their perpetrators.
Other bills the governor made law include:
▪ HB 7, which would establish the Advisory Council for Recovery Ready Communities to fight the state’s opioid crisis;
▪ HB 273, which would exempt from the Open Records Law photographs or videos that depict the murder, death, rape or sexual assault of a person;
▪ HB 105, which would enhance searches for lost or missing persons;
▪ SB 84, which would require restrictive housing and medical observation of inmates who are pregnant or in the immediate postpartum period;
▪ and HB 392, which would allow more people to participate in home energy assistance.
This story was originally published March 23, 2021 at 3:43 PM.
