Removing some of a governor’s executive powers was the subject of two bills that cleared the House State Government Committee on Wednesday.
One bill, designated as House Bill 1, the number indicating its priority to the Republican Majority, would allow businesses, churches and other religious institutions, associations, and public and private schools to remain open in the case of a health pandemic, as long as they establish an operating plan, submitted to the local health department, that meets or exceeds guidance issued by the federal Centers for Disease Control and Prevention and bans state or local governments from enacting stronger restrictions.
Other HB 1 provisions include:
–The Cabinet for Health and Family Services shall develop regulations and guidelines authorizing and regulating visitation by family members or legal guardians who are designated as being important to the mental, physical or social well-being of residents in residential long-term care facilities
–Interest and penalties on unpaid employer contributions pursuant to state law will not be considered due and owing and shall not be collected by the Labor Cabinet through December 31, 2021.
Another measure, HB 5, would require the governor, the Kentucky Economic Development Partnership and other elected state executive officers to propose changes to the executive branch government organizational structure in a reorganization plan to be filed with the Legislative Research Commission for the General Assembly approval.
“Historically, governors have reorganized boards to meet political agendas, leaving legislators minimal opportunity to weigh in on changes that can lead to increased costs or inefficiencies,” said Rep. Michael Meredith, R-Oakland, the bill’s sponsor. “The five previous governors used executive orders to reorganize a cabinet, agency or board a total of 446 times. To date, the current governor has used an executive order for 20 similar reorganizations.”
Current state law gives the executive branch the power to enact temporary reorganizational measures if the General Assembly is not in session, but those changes must be reviewed by an Interim Joint Committee of the General Assembly.
The reorganizational changes may include creating, altering or abolishing any organizational unit or administrative body and transferring functions, personnel, funds, equipment, facilities and records from one organizational unit or administrative body to another.
“While elected officials deserve the opportunity to select a team of public servants who represent their policy priorities, Kentuckians have a greater right to protect the state services they fund from political patronage,” Meredith added.
Both measures won easy passage and now head to the House floor. Votes on them could take place as soon as Thursday.
(Photo: A meeting of the House State Government committee on Wednesday that heard bills limiting a governor’s executive powers, KET screenshot via Kentucky Today)
Tom Latek, Kentucky Today
