UK political professor talks KY General Assembly power grab

FRANKFORT, Ky. (WTVQ) – Kentucky’s Republican lawmakers made it clear limiting the emergency powers of the governor is a priority this session.

University of Kentucky political professor Dr. Stephen Voss says while several bills introduced this session are related to Governor Andy Beshear’s executive orders during the pandemic, he believes lawmakers are also looking to the future.

“Some of the legislation expands beyond just COVID-19 to effect gubernatorial powers more generally,” Voss said.

One example, Senate Bill 1, which would limit a governor’s emergency order to 30 days. After that, lawmakers would have to approve an extension.

The bill would also stop the governor from issuing an executive order on the same emergency without approval.

Beshear called the bill unconstitutional.

“It’s not uncommon for the first version of legislation to get introduced to face accusations of being unconstitutional, and often what happens is legislation gets refined through the process,” Voss said.

Voss said it’s also common for lawmakers to pass a bill with red flags onto the next chamber in order to save face politically.

“House members will pass a bill and let senators play the bad guy, or vice versa,” Voss said.

His theory has yet to be tested for the 2021 session, but could be soon as House Bill 4 moved out of committee Wednesday. It’s a bill that would extend the General Assembly’s session and call the body back into session if the governor issues an emergency order that lasts between 14 and 30 days.

The bill would require a constitutional change.

But what about potential backlash from Kentuckians who may think Republican lawmakers are more focused on playing politics than helping with core issues related to the pandemic?

“I do think some Kentuckians were looking to the legislature to take action dealing with the current crisis first, and so it does give the Democrats some rhetorical advantage to criticize them for dealing first with a separation of powers issue – a issue that has to do with how government’s run,” Voss said.

That’s a talking point Democrats have already brought up.