By Jack Brammer
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Kentucky Gov. Andy Beshear vetoed parts of budget bills Monday, saying he wanted to ensure that he has the flexibility to continue Kentucky’s response to the coronavirus pandemic.
His vetoes came a day before lawmakers are to return to the Capitol Tuesday to wrap up the 2020 General Assembly.
A release from the Democratic governor’s office said he did not veto any specific appropriations in the bills, only language “that would limit his flexibility during this unprecedented time to respond decisively in battling the coronavirus or that would hamper the normal activities of state government.”
Republicans had no immediate comment on the vetoes. Some were questioning whether a governor could veto language in budget bills.
Beshear said all Kentuckians are making sacrifices in response to COVID-19. He noted that one of the sacrifices he proposed in his budget in January was a $2,000 raise for teachers and increased per pupil spending.
“Right now and in the coming weeks and months we need everyone to continue making sacrifices and doing their part as a member of Team Kentucky to fight the coronavirus to limit the spread and save thousands of fellow Kentuckians,” he said.
Beshear vetoed parts of five budget bills: House Bill 351, HB 352, HB 353, HB 354 and HB 356. To see his veto messages, click on HB351, HB352, HB353, HB354 and HB356.
The vetoes included language establishing a renewable chemical tax credit, language dealing with computer services that Beshear said would harm his efforts to increase unemployment insurance claims, language to abolish the requirement that government agencies publish many legal notices in large newspapers, and language that the secretary of state’s approval would be needed before a governor could make changes to an election during a state of emergency.
Also vetoed were language that would divert $1 million from coal-producing counties from coal severance tax collections, a provision that Beshear said failed to live up to the commitment the state has made to meet its obligation of the shared responsibility plan for teachers’ retiree health care, language that Beshear said would instruct the Cabinet for Health and Family Services Cabinet to develop and submit a demonstration waiver in a short period of time while it is dealing with the cornonavirus.
Beshear said he will instruct the cabinet to develop a waiver as soon as possible, but its priority now is the virus.
Beshear also vetoed language that gives the state treasurer authority to approve the use of state aircraft by cabinet secretaries for out-of-state travel.
Before putting Kentucky’s 2020 General Assembly in the history books, state lawmakers have two more jam-packed days on their schedule this week to conduct business.
Besides Beshear’s vetoes, the agenda includes a controversial voter photo ID bill; possible passage of constitutional amendments ranging from crime victims’ rights to abortion and other bills; and deciding whether to confirm appointments made by Beshear and former Republican Gov. Matt Bevin.
Noteworthy among the appointments to be considered are Beshear’s appointees to the Kentucky Board of Education. Republicans say there are no conservative voices on the board.
Senate President Robert Stivers, R-Manchester, said Monday that there may be some “new” legislation dealing with businesses and COVID-19. He did not elaborate.
The action starts Tuesday and is likely to run over into Wednesday, said Stivers. The Kentucky Constitution forbids the session going past April 15.
The final days of any legislative session are hectic but this one is burdened like nothing seen in modern times with the coronavirus pandemic.
Steps will be taken in each chamber to practice social distancing and there will be limited staff, Stivers said.
Senate members may watch the proceedings from their private offices and come to the floor when it is time to vote, he said.
The House is expected to follow measures they used April 1 in limiting the number of people on the House floor at the same time. House Speaker David Osborne, R-Prospect, was not immediately available for comment Monday.
The Senate leader said he has not heard of any legislator testing positive for the virus and that a legislative staffer who did has recovered.
Legislative leaders on Monday were waiting to hear what, if any, line-item vetoes Beshear issued in the $11.4 billion, one-year budget bill they presented him.
They decided to go with a one-year plan in House Bill 352 instead of the typical two-year plan because of the economic uncertainty due to COVID-19.
Beshear had until midnight Monday to make vetoes in the budget bill. As of early afternoon Monday, the governor had not made known his intentions.
Stivers said lawmakers probably will take up the budget bill Wednesday. “We will need to study what he does with it,” he said.
Republicans control both the House and Senate. It takes 51 votes in the 100-member House and 20 in the 38-member Senate to override a gubernatorial veto.
Beshear already has vetoed some bills, most notably the measure that would require to show a government-issued photo ID to vote.
Stivers said House and Senate leaders will discuss Senate Bill 2 but Senate Majority Leader Damon Thayer R-Georgetown, predicted lawmakers will override Beshear’s veto and it will become law.
The measure drew overwhelming support in the House and Senate before it was sent to Beshear for his consideration.
The bill was strongly pushed by Republican Secretary of State Michael Adams. He said it is needed to provide security in elections and prevent voter fraud. It was amended earlier this month to allow people to vote if they are recognized by a precinct’s election officer.
Beshear, in his veto message, said it would “create an obstacle to the ability of Kentuckians to exercise their right to vote, resulting in fewer people voting and undermining our democracy.”
He also said it would be difficult for voters to obtain a photo ID during the COVID-19 pandemic when offices that would provide the identification are closed to in-person traffic.
The League of Women Voters Monday urged the legislature to sustain Beshear’s veto.
“It is imprudent to require those without a photo ID to secure one prior to the November election given the uncertainties posed by the COVID-19 epidemic,” said a release from the League.
“County clerk offices may or may not be closed during upcoming months, and those who don’t currently have a photo ID may have health/age impediments to securing such a document. In these circumstances requiring a photo ID would be tantamount to denying people the right to vote.”
Asked about the League’s concerns, Miranda Combs, a spokeswoman for Adams, said the bill allows voters who do not have a photo ID to vote if they provide a non-photo ID and sign a “reasonable impediment” affirmation stating they are not able to procure a photo ID.
Another veto for lawmakers to consider is that of House Bill 336, which extends a gubernatorial candidate’s deadline to choose his or her running mate for lieutenant governor until the second Tuesday in August instead of when the candidate first files for the governor’s race in the spring primary election.
Several proposed amendments to Kentucky’s Constitution are expected to be in play this week, including the crime victims’ rights amendment known as Marsy’s Law. Lawmakers can put up to four constitutional amendments on November’s statewide ballot.
The governor has no say over constitutional amendments. If lawmakers pass new bills this week, he could veto them and they would not have any opportunity to override those.
The Senate has several gubernatorial appointments to consider. If it does not confirm Beshear’s appointees to the state education board, they would lose their seats and could not be re-appointed for two years.
Beshear asked lawmakers late last month to confirm his appointees and let them at least serve out the year during the coronavirus pandemic.
If they are not confirmed, he said, he will appoint new members. He said he was not allowed to consider political beliefs when appointing the board members.
Former members of the board, appointed by former Gov. Bevin and viewed as charter school friendly, have filed lawsuits to regain their seats but so far have been unsuccessful in court.
Another controversial appointee for the Senate to consider is that of Brett Gaspard of Walton. He was head of board of commissions and appointments for Bevin. Before leaving office, Bevin appointed him to several boards, including the $5,000-a-year position on the board of the Kentucky Lottery Corp.
Stivers has said he thought that was not right but a Senate committee approved Gaspard’s appointment.