Courtesy of Kentucky Lantern
Democratic Gov. Andy Beshear has a few days left to act on bills from the Republican-controlled legislature—including several bills that have to do with the state’s judicial system.
Among the bills on his desk, Beshear must consider a proposal to make interfering with legislative proceedings a crime in Kentucky as well as a bill that would allow law enforcement agencies to withhold records from public disclosure if they believe it could jeopardize an investigation.
However, Beshear has already signed some proposals dealing with courts and public safety into law, such as bills creating new crimes like sexual extortion and tampering with gift cards.
Lawmakers recessed last week for the governor’s 10-day veto period. Beshear has until they return Thursday to issue any vetoes on legislation. However, Republicans, who hold supermajorities in the House and Senate can easily override his rejections.
Beshear can also choose to let bills passed in the General Assembly become law without his signature. It is a way to not give a true endorsement of a policy.
Bills on Beshear’s desk
- Senate Bill 2 seeks to ban the use of public funds for elective medical care for inmates, including ending hormone treatments for 67 transgender inmates. The legislation stems from a Kentucky Department of Corrections regulation allowing transgender inmates to apply for gender-affirming treatments. Opponents have argued that it’s unfair to target a small population.
- House Bill 10, a Republican-backed bill that received support from some Democrats, outlines how property owners can request law enforcement officers to remove squatters from their property. If it becomes law, the bill would require the property owner to fill out a petition “to remove persons unlawfully occupying real property.” Plus, the legislation would include property damage by a squatter as a criminal mischief offense.
- House Bill 38 would enhance criminal penalties for repeatedly violating a protection order. If it becomes law, it would allow people who violate protection orders twice in five years to be convicted of a Class D Felony on a third violation, if it involves use of physical force or threat of physical harm—regardless of if the violations involved the same protected person.
- If House Bill 399 becomes law, interfering with legislative proceedings would become a crime in Kentucky. The bill says a person would be guilty by causing an interruption with “the intent to disrupt, impede, or prevent the General Assembly from conducting business.” The first offense would be a Class A misdemeanor and on a third or subsequent offense, a Class D felony.
- In response to a recent Kentucky Supreme Court decision, the General Assembly passed House Bill 520, which would allow law enforcement agencies to withhold records if they deem a “premature release of information” would harm an investigation or informants. The legislation has been criticized by open government advocates for shielding investigation records from public disclosure and subverting the state’s open records law.
- Beshear must weigh in on a bill that aims to direct how Kentucky courts review authority disputes between executive branch agencies and the legislature. If Senate Bill 84 becomes law, the bill says courts would have to interpret laws without deferring to a state agency’s interpretation of them. The legislation mirrors the effect of last year’s U.S. Supreme Court decision that struck down the precedent for the Chevron deference at the federal level.
Bills signed into law
- Senate Bill 73 creates the crime of sexual extortion in Kentucky. It received bipartisan support in the legislature and says a person is guilty of sexual extortion when they issue threats to coerce someone to engage in sexual conduct or distribute matter, like an image, of them that is sexually explicit. The bill also says that if a victim attempts suicide within 90 days of the offense, the perpetrator may be prosecuted for homicide or assault.
- Senate Bill 130 creates the crime of tampering with a gift card as a Class D felony. Someone could be found guilty of the crime if they intentionally manipulate a gift card’s packaging or security features and have the intention of using the card improperly.
- House Bill 219 requires hospitals to train emergency staff on sexual assault emergency response requirements, protocols and resources. The training would be developed in coordination with the Sexual Assault Response Team Advisory Committee, which includes representatives of the executive branch, law enforcement, nurses and hospitals.
- House Bill 234 adds airport safety and security departments to the list of law enforcement agencies that can receive grants generated from confiscated firearm and ammunition sales. The grants are overseen by the Kentucky Office of Homeland Security and can be used by the agencies to buy equipment like body armor, firearms, ammunition and body cameras.
Kentucky Lantern is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.