Latest news with #FranklinCircuitCourt
Yahoo
02-04-2025
- Politics
- Yahoo
Beshear sues to block new state law pushed by conservative Americans for Prosperity
Gov. Andy Beshear is suing the Kentucky legislature over a new law that limits the executive branch's authority to enact regulations. (Kentucky Lantern photo by Liam Niemeyer) Democratic Kentucky Gov. Andy Beshear has gone to court to block what the lawsuit calls the 'latest power grab' by the GOP-controlled legislature. At issue is a new law that curbs the executive branch's authority to make regulations. The bill was a priority for the conservative group Americans for Prosperity which is pushing the measure in multiple states and the U.S. Congress. In a complaint filed in Franklin Circuit Court on March 28, attorneys for the Office of the Governor and the Public Protection Cabinet wrote House Bill 6 is unconstitutional because it essentially hands over control of a state executive branch function and power — issuing and implementing regulations — to the legislature. Attorneys for the plaintiffs write the debate over HB 6 on the House floor 'clearly shows the legislative branch is intentionally violating the strict separation of powers' in the Kentucky Constitution. Attorneys pointed to comments made by Rep. T.J. Roberts, R-Burlington, on the House floor last month in which Roberts said 'they better ask us for permission before they engage in executive branch lawmaking.' Franklin Circuit Court Judge Phillip Shepherd held a hearing on the case Wednesday morning to consider the plaintiffs' request to temporarily block the law. The Lantern has not yet confirmed whether the plaintiffs' request was granted or denied Wednesday. A request for comment sent to a spokesperson for Republicans in the Kentucky House of Representatives was not immediately returned. The Republican-controlled legislature passed HB 6, dubbed the REINS Act or Regulations from the Executive in Need of Scrutiny, over a veto by Beshear in the final days of this year's legislative session. The legislation went into immediate effect on March 27 because of the bill's emergency clause. HB 6, primarily sponsored by Rep. Wade Williams, R-Madisonville, would prevent executive branch agencies from filing, amending or repealing regulations unless the regulations meet one of six prerequisites. Wade in a previous statement touted the bill as a way to put 'common sense boundaries on the regulatory powers of unelected government employees.' Those prerequisites include that the regulation will not cost more than $500,000 over two years to implement; is needed immediately to 'to meet an imminent threat' to public health, safety, or welfare; is needed to prevent the loss of funds or meet a deadline established in laws or regulations; or is needed relating to the licensure of health facilities and services. The lawsuit names Emily Caudill, the regulations compiler for the Legislative Research Commission, as the defendant. Attorneys for the governor wrote HB 6 gives Caudill the power to determine whether regulations can be filed including when the legislature is not in session. The governor also says HB 6 restrictions could prevent the implementation of laws passed by the legislature this year, such as creation of a Parkinson's Disease registry that state officials estimate could have an upfront cost of at least $635,000. Another law that the complaint states could be impacted is a move to license retailers who sell nicotine which has regulatory costs that could reach into the millions of dollars, exceeding the limits in HB 6. The passage of HB 6 was applauded by the conservative advocacy group Americans for Prosperity-Kentucky (AFP-KY), a part of a network of political groups affiliated with businessmen Charles Koch and the late David Koch. AFP-KY State Director Heather LeMire said in a statement that while the governor can 'grandstand,' his lawsuit claims are off base. 'If the governor or his administration had read the law, they would know that it has a stipulation for regulations that come out of legislation for the executive branch to promulgate these regulations, as well as a generous stipulation for the governor's emergency powers,' LeMire said. 'It is clear that Governor Beshear wants to avoid accountability and make policy, but that is the job of the legislature. If he is set on being a policymaker, we welcome his resignation so he can run for the General Assembly in November of 2026.' She said the legislature gives the governor the power to issue regulations through a specific chapter of state law.
Yahoo
23-03-2025
- Politics
- Yahoo
Democrat Grimes, former Kentucky secretary of state, wins appeal in ethics case
Alison Lundergan Grimes during Politicon at the Pasadena Convention Center in Pasadena, California, on July 29, 2017. Politicon is a bipartisan convention that mixes politics, comedy and entertainment. (Photo by Ronen Tivony/NurPhoto via Getty Images) The Kentucky Court of Appeals unanimously has upheld a lower court order that cleared former Democratic Secretary of State Alison Lundergan Grimes of ethics violation charges. In a 17-page order issued Friday upholding an April 29, 2024 decision by Franklin Circuit Judge Phillip Shepherd, the three-member appellate court said the Executive Branch Ethics Commission missed its statutory deadline to charge Grimes with improperly ordering the downloading and distribution of voter registration data from her public office while she was Kentucky's secretary of state. 'The Franklin Circuit Court reversed the commission's decision, finding it was arbitrary, not supported by substantial evidence and time barred. Due to the statute of limitations alone, we affirm,' said the appellate court decision. The three appellate judges were Susanne M. Cetrulo, James H. Lambert and Jeff S. Taylor. Her political future cloudy, Grimes must contend with effort to reinstate alleged ethics violations Attorney Jon Salomon, who represents Grimes, said, 'We are pleased that a unanimous panel of the Court of Appeals has agreed with the Franklin Circuit Court that the Executive Branch Ethics Commission missed its statutory deadline to bring charges against former Secretary Grimes. 'Those charges should never have been brought — and Secretary Grimes is optimistic that after nearly eight years, she and her family can put this matter behind them.' Susan Clary, executive director of the ethics commission, said the commission needs more time to review the appellate ruling before commenting. It could ask the appeals court to rehear the case, try an appeal to the Kentucky Supreme Court or let the appellate court ruling stand. Grimes has been mentioned as a possible candidate for the U.S. Senate in 2026. The commission had been investigating Grimes for several years. Grimes, a Democrat and Lexington attorney, was secretary of state from 2011 to 2019 and an unsuccessful candidate for the U.S. Senate in 2014 against Republican Mitch McConnell. She is the daughter of the former state Democratic Party Chair Jerry Lundergan of Lexington. Biden pardons Kentuckian Jerry Lundergan for campaign finance conviction In November 2021, the commission fined Grimes $10,000 for two ethical violations pertaining to handling of voter data. As secretary of state, Grimes was the state's chief elections officer. In her position, she had access to data from the state voter registration system in the State Board of Elections. The commission had alleged that Grimes violated the ethics code by sharing voter information without requiring a request under the Open Records Act or other 'established process of government.' Grimes responded that all the voter data at issue was information in the public domain and that she had full legal authority and discretion as secretary of state to access and share such information. She claimed no statute or regulation was violated by the sharing of such public information. She claimed the commission's charges were barred by the five-year statute of limitations and that the record did not support a finding of any violations of the state executive branch's code of ethics. The commission argued that it was not bound by any statute of limitations. The only allegations pursued by the Ethics Commission were that Grimes allegedly acted unethically in accessing public information in the voter registration system by downloading voter information onto a thumb drive when she was a candidate for reelection. The commission also looked at whether Grimes improperly shared information on new voter registrations for certain Kentucky House of Representative districts in response to a request made informally through the office of the House speaker without requiring a formal open records request or charging a fee. 2024-CA-000630
