Kentucky Attorney General Daniel Cameron says Beshear's emergency powers should be curbed

FRANKFORT — Kentucky Attorney General Daniel Cameron told state lawmakers Thursday that they should put limits on the emergency powers Gov. Andy Beshear has used over the past few months to deal with the coronavirus pandemic.

Cameron, a Republican who succeeded Beshear as attorney general following the November 2019 election, said there aren't checks and balances on the governor's powers during a state of emergency right now. 

His testimony before the Interim Joint Committee on Judiciary focused on Chapter 39A of Kentucky's state statutes. When it became law in 1998, he said its purpose was clear: to establish and support a statewide, comprehensive emergency management program. 

"But even in the context of a pandemic, state actions undertaken pursuant to emergency powers are subject to important limitations," Cameron said Thursday. "The feedback that we've received from many Kentuckians suggest a need to establish oversight and limiting principles on executive power during a state of emergency."

Cameron said some options Kentucky lawmakers may want to consider include changing state law to allow the legislature to end a gubernatorial order declaring a state of emergency or to limit the length of time those orders can last. 

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A connected issue that he suggested may be worth examining is whether the legislature should be able to call itself into special session, since an emergency may arise after it already has concluded its annual session. Right now, that power lies with the governor. 

Cameron stressed that the COVID-19 pandemic involves a unique set of circumstances and indicated the executive order Beshear issued in early March declaring a state of emergency is similarly unusual.

"The order was unprecedented in its scope, as it declared the entire commonwealth the site of the emergency," he said. "The order was also unprecedented in its duration. It had no end date. In fact, it is still ongoing even today." 

During this state of emergency, Beshear ordered many businesses and houses of worship to cease in-person services and instituted other regulations meant to limit the spread of the virus and save lives. (He gradually has been lifting those rules in recent weeks.)

Beshear's restrictions were similar to ones that governors from both political parties have instituted in other states. And they have been similarly controversial, with some Republican state lawmakers criticizing certain moves Beshear has made.

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Beshear has acknowledged many times that the orders he issued during this emergency required Kentuckians to make sacrifices and led to layoffs around the state. However, he has maintained that his actions were meant to — and succeeded in — saving lives. 

"If a future governor did not have the power to take urgent action when it's needed, it would have resulted in significant additional death," he said Thursday at a press conference in Frankfort. "I've said I'm done with politics. It doesn't mean others are."

To date, 458 Kentuckians who tested positive for COVID-19 have died and 10,705 cases have been identified in the state, according to the latest available data on Thursday. Public health experts have said Beshear's approach implemented to limit people's interactions and encourage social distancing did help slow the spread of the virus. 

"Every action I've taken — I've recognized how serious it is and I've recognized different damage that it would do," the governor said Thursday. "But every action I've taken is for the life and the safety of our Kentuckians."

During Thursday's committee meeting, some Republican legislators indicated they're interested in taking a closer look at the powers state law gives Kentucky's governor during a state of emergency and whether limits should be placed on them. 

But a Louisville Democrat on the committee, Rep. McKenzie Cantrell, suggested this is a case of "Monday-morning quarterbacking" as public officials scrutinize the governor's initial approach to the COVID-19 pandemic, which is still ongoing.

The legislature's next lawmaking session isn't scheduled to begin until January 2021.

Reach reporter Morgan Watkins: 502-582-4502; mwatkins@courierjournal.com; Twitter: @morganwatkins26. Support strong local journalism by subscribing today: courier-journal.com/subscribe.