Latest news with #KentuckyConstitution
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
25-03-2025
- Politics
- Yahoo
Beshear vetoes bills he says would make KY workplaces less safe, violate state Constitution
Kentucky Gov. Andy Beshear issues more vetoes, lets some bills become law without his signature. (Kentucky Lantern photo by Liam Niemeyer) Democratic Gov. Andy Beshear on Monday vetoed Republican legislation that he said would make workplaces in Kentucky more dangerous and several bills that he said were unconstitutional. Beshear in his veto message said House Bill 398 would 'make Kentuckians less safe in the workplace and hand over much of the authority to regulate, investigate and enforce Kentucky workplace safety and health standards to the federal government.' The bill, approved along party lines, would limit state labor protections to a less stringent federal standard. Republicans touted it as a business-friendly move while unions assailed it as an 'attack' on workers. Among the bills that Beshear deemed unconstitutional was one pushed by Americans for Prosperity, the anti-tax group financed by billionaire brothers David and Charles Koch. Dubbed the REINS Act or Regulations from the Executive In Need Of Scrutiny, House Bill 6 would limit the authority of state agencies to issue regulations. Beshear said the bill violates the Kentucky Constitution by giving the legislative branch a veto of administrative regulations issued by the executive branch. 'The Kentucky Supreme Court ruled more than 40 years ago that the General Assembly cannot interfere with the Executive Branch's authority to file regulations to carry out the law,' Beshear wrote in his veto message. Beshear also vetoed a bill that directs how Kentucky courts should review disputes between executive branch agencies and the legislature. Senate Bill 84 says courts would have to interpret laws without deferring to a state agency's interpretation of them. The legislation mirrors last year's U.S. Supreme Court decision that struck down the precedent for the Chevron deference at the federal level. Beshear said SB 84 violates the separation of powers by prohibiting courts from deferring to a state agency's interpretation of any statute, administrative regulation or order. 'The Judicial Branch is the only branch with the power and duty to decide these questions,' Beshear said in his veto message Calling it 'another instance of legislative overreach that violates the Kentucky Constitution,' Beshear also vetoed a bill nullifying a pair of Medicaid regulations. Senate Bill 65 would void and nullify administrative regulations filed by Executive Branch agencies, including three that were before a subcommittee for informational review only, Beshear said in his veto message. Beshear's office said he also is allowing some bills to become law without his signature, including one to reduce the number of medical and mine emergency technicians (METs) at underground coal mines. The measure will reduce from two to one the number of METs required for small mine operators of 10 or fewer employees. However, it adds one additional MET for underground mines with over 50 workers and each additional 50 employees. Beshear said the bill was a 'mixed bag,' as it reduces technicians at small mines, but increases them at larger mines.
Yahoo
06-03-2025
- Business
- Yahoo
Special audit reviews financial and operational procedures of Salyersville Water Works
SALYERSVILLE, Ky. (FOX 56) — In January, State Auditor Allison Ball's office released the findings of a limited-scope examination of Salyersville Water Works (SWW). It was meant to examine the financial and operational procedures from July 2021 through March 2024. Ball said this wasn't part of the regular audits her office does but came about from tips from the city of Salyersville as well as residents who had concerns with SWW. For context, the city of Salyersville took over control of SWW in 2024; it was previously owned by a group not associated with the city. Special audit reviews financial and operational procedures of Salyersville Water Works Lexington road reopened after closing due to icy conditions, multi-car crash Look back on the 5-year anniversary of the first confirmed case of COVID-19 in Kentucky The following are the findings from the audit: SWW lacked adequate internal control structure—lacked internal controls and engaged in poor security practices, leaving them vulnerable to fraud and other unlawful activities. Billing adjustments were not handled properly—SWW did not have a policy outlining when an adjustment to a customer's bill would be appropriate and allowable, nor sufficient documentation explaining why some adjustments were made. As a result, hundreds of thousands of dollars were adjusted on bills without any supporting documentation over the examination period. Insufficient controls lead to questionable purchases. Numerous purchases, totaling over $20,000, by SWW staff were excessive, predominantly personal, or lacking a clear business purpose. When credit card transactions and checks were tested, few were adequately supported by proper documentation. Additionally, SWW employees were not required to log mileage or turn in receipts for gas purchases. Receipts were not accounted for properly: Cash, checks, and credit card deposits were not properly accounted for nor supported by proper documentation, resulting in numerous occasions in which auditors were not able to determine if funds were deposited. Public funds were improperly utilized for employee bonuses. Bonuses were given to employees during the Christmas holiday, totaling $6,750 for FY 2021 and $7,042 for FY 2022. The use of public funds for bonuses violates Section 3 of the Kentucky Constitution. The SWW Board does not have statutory authority to establish fees—SWW started charging $7 per month to customers with a grinder pump for grinder pump maintenance fees to offset the rising cost and upkeep of grinder pumps. This fee was passed with one board member's approval; however, the Board does not have the statutory authority to impose these fees. SWW engaged in questionable real property transaction: The City sold property to SWW. SWW was established and currently operates as a department of the city. SWW is not a separate corporate entity entitled to hold real property in its own name. Rather, any real property should be held in the name of the city. SWW mortgaged the property, and the city allowanced it. This was found to be in direct violation of state law. SWW has failed to maintain a sufficient capital assist listing: SWW's capital asset listing did not provide descriptions, historical costs, or year of acquisition for any of the recorded assets, which included vehicles and buildings. SWW lacks written policies and procedures: It operated without guidance and uniformity because they did not have any written policies and procedures to create an organizational structure to follow on a day-to-day basis and to ensure financial transactions were properly handled, recorded, and documented. SWW failed to implement segregation of duties: Without supervision, the office manager was responsible for preparing bills, adjusting bills, accepting payments, posting payments, making deposits, and reconciling accounts. These duties should be segregated or compensated with controls to mitigate the risk of undetected waste, fraud, and abuse. As an eastern Kentuckian herself, Ball said she always keeps an eye on local waterworks companies, given the trouble various parts of the region have had with water and the amount of money it costs to keep them running properly. She hopes this audit will show there is a right way to go about things and a wrong way. 'I actually don't think they're isolated to Salyesrville,' Ball said. 'I think these are the kinds of things that you're going to see in water districts all over the state because there's not been a lot of training, there's not been a lot of uniformity. Some of the problems here were adjustments being made without a policy for adjustments. For example, in the first quarter of 2024, I think there were about 1000 bills that were adjusted, and it was almost $1 million in adjustments when you actually looked at it. So that's real money.' Ball said things have already begun to improve with SWW under the city's control. Salyersville Mayor Stanley Howard said that under the old regime, SWW was struggling financially and now the city is trying to right the wrongs. When the city took over SWW, Howard said money was kept in closets, which were poorly secured. The old regime would spend more money than what they had for things such as Christmas parties, then ask the city council for more money. But now the city has completely reorganized the books and now does daily deposits into a secure account. Howard said the real changes won't be felt for some time, but it's his promise to his neighbors that the city is going to make things right. Read more of the latest Kentucky news 'We're going to get it fixed,' Howard said. 'We're trying to keep the rates as low as possible. We can't raise rates because we've got a lot of leaks; that's not the cure for it. Our cure is to change the water lines, change our meters, and not put the burden on the people raising our water bills because we're in a fixed-income community and everybody's on fixed incomes; most of us are retired. When they retire, they come to town, and we're going to have good water rates. That's the benefit of living in the city, and we'll fix our problems and not put the burden on the people.' Another issue the audit found was meter rates that overcharged customers. Howard said those problems were a result of human error, as employees would have to write down the meter readings by hand. The city recently received grant funding from the state that would replace all the meters in the city and automate that process. You can read the full audit below: Salyersville-Water-Works-Special-Examination-ReportDownload Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
10-02-2025
- Politics
- Yahoo
In Our View: 'Idiots' can't vote
In Kentucky, if you're an 'idiot' or 'insane,' don't vote. It's unconstitutional — under Section 145 of Kentucky's antiquated constitution. Section 145 spells out who doesn't have the right to vote in the Commonwealth — idiots and those who are insane in Kentucky. Merriam-Webster defines this as 'a person affected with extreme intellectual disability.' It is considered outdated and offensive in that context. Around these parts, we usually use the term when we're driving for every driver in front of us who's driving too slow, cuts in front of us or doesn't go when the light turns green. Many use stronger words. Enter State Rep. Kim Holloway (R) of Mayfield who has filed a bill amending the state constitution to define an idiot or insane person as 'persons who have been adjudicated mentally incompetent by a court.' Most states have the good sense to remove the term 'idiots' and 'insane' from their constitutions. Only Kentucky and Mississippi haven't removed the language. Arkansas was the last to do so. Once again, we're behind Arkansas. Sometime if you have nothing to read and may be sleepy, read into the Kentucky Constitution and you'll see how outdated it is. Holloway's wisely written bill would require approval of the legislature and then approval of the people voting in the 2026 election. Kentuckians are apprehensive about changing our state constitution. The legislature can put only four amendments on the ballot for your consideration and often are lengthy and written by lawyers. Often, voters just vote no because they're unwilling to read a lengthy ballot question. We're not expecting any onslaught of advertising for this like we saw last election on Amendment 2 which dealt with school funding for private schools. There's no constituency for 'idiots' and 'insane' people. We hope this happens. Until then, when you're late for work or an appointment, you can still call every driver in front of you an idiot. Never get involved in road rage. Road rage is something the general assembly needs to address, too.
Yahoo
07-02-2025
- Politics
- Yahoo
KY voters could limit governor's pardon powers with amendment cleared by Senate
Sen. Chris McDaniel, R-Ryland Heights, speaks on the Senate floor, Feb, 4, 2025. (LRC Public Information) Republican Sen. Chris McDaniel hopes this is the year lawmakers agree to send voters a constitutional amendment that would limit the pardon and commutation powers of Kentucky governors around an election. The Ryland Heights legislator's Senate Bill 126 gained near unanimous approval in the Senate Friday morning, winning 37 yeses with only Democratic Caucus Chair Sen. Reggie Thomas passing on the roll call vote. McDaniel's bill gained passage in the Senate last year, but died in a House committee. Because the bill proposes amending the Kentucky Constitution, voters would decide its fate in 2026 should it make it through this General Assembly. Democratic Gov. Andy Beshear lacks the authority to veto or sign into law bills proposing constitutional amendments.. McDaniel has filed the bill across multiple years as a response to the flurry of pardons issued by former Republican Gov. Matt Bevin to people convicted of crimes including rape, murder and child abuse after Bevin lost the 2019 election to Beshear. Speaking to the Senate this year, McDaniel also pointed to controversial pardons and commutations issued by outgoing Democratic President Joe Biden, such as a commutation for Native American activist Leonard Peltier, 80, convicted of killing two FBI agents in 1975 during a shootout on the Pine Ridge Reservation. The Kentucky bill would not affect federal actions. 'There will be no more hiding in the darkness of last minutes of an administration,' McDaniel said on the Senate floor ahead of Friday's vote. 'There will be no more allowing the rich and powerful to influence the scales of justice without recourse from the citizens of the commonwealth.' Under this year's SB 126, pardons and commutations could not be issued between 60 days before a gubernatorial election and the fifth Tuesday after an election, the date the governor is inaugurated. When the bill gained approval from the Senate State and Local Government Committee on Wednesday, McDaniel said he increased the time before an election when governors could not issue pardons or commutations to 60 days to make sure information about gubernatorial pardons is available to voters who may vote early. Expanding the time frame was included with input from House members, McDaniel said. In the House, Rep. Mark Hart, R-Falmouth, has introduced a similar constitutional amendment to limit gubernatorial pardons and commutation powers, House Bill 394. However, Hart's proposal would prevent governors from issuing such actions to people who have not yet been convicted of a crime except in cases when a person is being investigated or is being prosecuted for a crime. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
