By TOM LATEK, Kentucky Today
FRANKFORT, Ky. – Franklin Circuit Court Judge Phillip Shepherd issued a temporary injunction keeping three bills passed by the General Assembly that limited the governor’s power to deal with the COVID-19 pandemic from being implemented until the merits of the case are heard.
House Bill 1 and Senate Bills 1 and 2 were approved by the Republican supermajority in both chambers during the first days of the 2021 session. After Democratic Gov. Andy Beshear vetoed the three measures, lawmakers overrode the vetoes, which made the legislation law.
The governor then filed suit at Franklin Circuit Court, seeking to keep the bills from taking effect.
HB 1 states in part that any business, for-profit or not-for-profit organization, local government, association, or any school or school district, public, private, or religiously affiliated, may remain open and fully operational for in-person services so long as it adopts an operating plan that either meets or exceeds guidance issued by the Centers for Disease Control and Prevention or by the executive branch, whichever is least restrictive.
SB 1 limits any emergency order or regulation to 30 days, unless the General Assembly approves an extension. That means that if an order was issued when lawmakers were not in session, would have to be called to Frankfort for a special legislative session, which costs over $60,000 per day, and would likely have to last at least five days.
SB 2 Would limit emergency Administrative Regulations to 30-days, and documentation would have to be submitted to justify the regulation.
In his 23-page ruling, Shepherd said:
“In balancing the equities, the Court is mindful that the challenged legislation seeks to address a legitimate problem of effective legislative oversight of the Governor’s emergency powers in this
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