When the calendar turns from a disastrous 2020 to a hopeful 2021, the General Assembly will be studying the reaction of Kentucky’s leaders in the midst of a state of emergency resulting from the covid-19 pandemic.
Falmouth Outlook will have a series of articles through December asking Pendleton County’s two legislators questions about topics of interest that might be addressed in the regular session. The question is in bold.
While Kentucky Governor Andy Beshear defends an executive order at the Supreme Court of the United States and Kentucky Attorney General Daniel Cameron sides with religious schools, it is assumed the General Assembly will be seeking to curtail the power of the office of the governor during a time of emergency. What specific areas of power are the concerns and what are the ways that the General Assembly is considering to reign said power?
Representative Mark Hart of the 78th District answered the above bolded question.
“When previous legisla tures crafted the emergency powers statute that gives governors additional powers during states of emergency, they did so with short-term, sometimes regional disasters in mind. No one could have imagined that a governor would use this authority to declare an emergency and single-handedly issue orders, shut the state down, and spend millions of taxpayers’ dollars without any legislative input. While a governor must have some authority to navigate a crisis, I am committed to finding a balance and better defining the emergency powers so that they are rational and subject to better checks and balances. My goal is to enact good public policy that will meet Kentucky’s economic and health needs while restoring trust in our government. No individual, no matter what party, should possess total and absolute power over anything. Elected officials from all branches of government should work together to build consensus when addressing long term challenges.”
Senator Wil Schroder answered, “Much of what the governor has done has been through the authority of the Emergency Powers Act. This Act was intended to cover state emergencies, such as floods. A long-term pandemic like the one we have been facing was never considered in its passage. I expect that the Kentucky State Senate will consider putting a time limit on the Governor’s executive orders that are made under the Emergency Powers Act. Additionally, I expect that we will consider a Constitutional Amendment that would allow the General Assembly to save days from the 30 or 60 day sessions to call themselves back into session if needed.”
