Session to focus on budget, restricting governor's emergency powers

Kentucky School Advocate
December 2020

By Brenna R. Kelly
Staff writer

When legislators return to the Capitol in January, they will be in for a legislative session like no other.

This year’s regular session of the General Assembly is a short session with just 30 days. While these odd-year sessions happen every other year, legislators don’t usually have to worry about passing a state budget during one.

Last spring, because of the uncertainty of the impacts of the coronavirus pandemic, legislators only passed a one-year state budget. Now they must pass a new one-year budget to get the Commonwealth through the next fiscal year.

“That will automatically take most of the focus of everyone, legislators and certainly KSBA and our advocacy, simply because districts depend so much upon the budget,” said KSBA’s Director of Advocacy Eric Kennedy.

In previous years, legislators have tinkered with the two-year budget, but this time they will have to go through the full process which includes state agencies submitting budget requests, the governor proposing a budget, the legislators crafting their version, passing it through both chambers and the governor either signing it or using his line-item veto powers.

“That has really never happened before,” Kennedy said.

But the budget isn’t only thing on legislators’ agenda.

Since the beginning of the coronavirus pandemic and the state of emergency Gov. Andy Beshear declared in March, many Republican lawmakers have decried some the governor’s actions he says are needed to stop the spread of the virus as overreach. Republicans in the General Assembly’s leadership have vowed to curtail the governor’s emergency powers when the legislature convenes in January – perhaps during the first week.

In early November, the Kentucky Supreme Court upheld Beshear’s power to issue executive orders during a declared state of emergency. The court said that under KRS 39A, emergency orders and administrative regulations issued by the governor “shall have the full force of law.”

That includes closing schools to in-person instruction as Beshear ordered in his Nov. 18 executive order, which forced elementary schools to cease in-person instruction until at least Dec. 7 and middle and high schools until Jan. 4. That was based on his emergency powers under KRS 39A, Kennedy said.

“And that is at the heart of where we will see some legislation filed this session. It remains to be seen what that may look like, depending on what they do and what might become law that could have a very direct impact on how the governor can issue other orders like this one or continue this order,” he said. “That may have a direct impact on the relationship between the governor, the legislature and our members operating their local schools.”

In the days after the executive order, which also closed bars and restaurants and instituted other restrictions, Republican leaders criticized the orders and vowed to work swiftly when the session begins to curb Beshear’s powers.

“In January, the people’s branch of government will speak loudly about this governor and his authoritarian policies. Hang on Kentucky, help is on the way,” said Sen. Majority Floor Leader Damon Thayer, R-Georgetown.

Republicans have already pre-filed several bills that would lessen the governor's emergency powers and have a working group to find consensus on those bills, said House Speaker David Osborne, R-Prospect, noting that one of those bills could make it through both chambers in the session’s first week.

After the November election, Republicans hold supermajorities in both houses, with 30 Republicans and eight Democrats in the Senate and 75 Republicans and 25 Democrats in the House. That means Republicans would be able to override any Beshear veto.

The legislature plans to meet from Jan. 5-8, then take a break until Feb. 2 and end March 30. But Kennedy noted that the legislature has amended the calendar before in order to pass priority legislation.

“It’s not unprecedented for them even to come in on the Saturday of the first week to get something put all the way through to the governor’s desk,” he said. “So we will see, that may happen with something like the emergency powers proposal.”

The governor is also expected to release his budget proposal the first week of the session. Work on crafting the budget has already begun, by both the executive branch and legislators, so Kennedy urged board members to make sure their representatives and senators know what district leaders are concerned about.

“Please reach out to your legislators, especially about the budget priorities,” he said. “Even in December and early January because they may be working on that even when they’re not actually in the chambers.” 

Because the Capitol complex will likely be closed to the public during this session due to the coronavirus pandemic, KSBA will not be able to hold our traditional LEAD Event at the Capitol. Instead, we will be encouraging members to lead from their districts this session.

Board members should invite legislators to attend a board meeting either in person or virtually. Share a picture of the legislator at the meeting or a screenshot on social media. KSBA will be providing more information on how to lead from the district in the coming weeks.

Click the link below to view KSBA's priorities for the 2021 legislative session.