Kentucky governor vetoes bills aimed at curbing pandemic orders, authority

(The Center Square) – Calling them unconstitutional and saying they put lives at risk, Kentucky Gov. Andy Beshear vetoed five bills aimed at limiting his power during the COVID-19 pandemic.

He pointed to polls which he said show 86% of Kentuckians support asking people to stay at home and avoid gatherings, while another 78% support stopping in-person dining at restaurants. Also, he said more than 70% of Kentuckians support prohibiting in-person learning at schools.

“What this says is no matter what party you’re in, no matter who you voted for for president, the people of Kentucky support the ability to take steps necessary to protect us,” Beshear said.

Two of the bills vetoed were House Bill 1, which allows businesses and schools to remain open under certain conditions, and Senate Bill 1, which would place limits on certain orders.

Speaker of the House David Osborne said the House leadership will wait to see if Beshear will work with the legislature, but added they are ready to override the vetoes.

“While these vetoes are not unexpected, they are nevertheless disappointing. House Majority Leadership will reserve comment until we determine whether the governor is sincere in his desire to work with us,” Osborne said in a statement. “After all, 10 months of unilateral decision-making and unchecked spending has provided evidence otherwise. We approach any collaboration with the commitment to ensuring that the voices of Kentuckians across the state are heard. These men and women expect their state to provide the information and resources they need to safely navigate this virus without inconsistent shutdowns and arbitrary orders.

“They were heard loud and clear as their representatives voted overwhelmingly in favor of each of these bills vetoed by the governor and we stand ready to override these vetoes if necessary.”

HB1, sponsored by state Rep. Bart Rowland, R-Tompkinsville, would allow any business or school to remain open if they can develop operational procedures based on U.S. Centers for Disease Control and Prevention guidelines and offer explanations on how they will keep customers, students and employees safe.

“Since the first executive order in response to the COVID-19 pandemic on March 6 of last year, Kentuckians have been subject to arbitrary and crippling restrictions which have led to unimaginable losses for working Kentuckians, their children’s education and livelihoods,” Rowland said in a statement before the bill passed. “This measure will give the reassurance that our businesses, especially retail and restaurant, that there will be no future shutdowns due to COVID-19.”

Beshear also said the Kentucky Supreme Court ruled his authority in an emergency and do not raise a separation of powers issue.

“This is a way of saying under the Kentucky Constitution, this is the executive branch’s job,” Beshear said. “I certainly hope we wouldn’t think that in the middle of a battle, in the middle of a war, you would have a legislative branch debate and vote on tactics – that’s just not how the Constitution is set up.”

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