Kentucky held a special legislative session ending on Sept. 10, during which legislators challenged the power of the Governor.

During the 2020 onset of the COVID-19 pandemic, the legality of several governor’s emergency orders came into question.

In Kentucky, Governor Andy Beshear shuttered schools, businesses he deemed non-essential and gyms in his effort to fight the virus. As the days wore on, he instituted a statewide mask requirement for businesses to open back up.

Kentucky freshman legislator Adrienne Southworth quickly filed a bill in response — Senate Bill 158 — which would prohibit any law, regulation, executive order or mandate from requiring a facial covering. The bill died in the Senate health and welfare committee.

As the session wrapped up, Beshear’s emergency powers were curtailed. The Kentucky Supreme Court ended the ongoing state of emergency that began in March 2020 in August. A three-day special session began on Sept. 7.

The mask mandate was removed in public schools as legislators passed SB 1. The legislature passed SB 2 which requires mask mandates to be delivered by businesses and local governments rather than by the governor. This bill also prohibited the state from instituting a visitor ban at nursing homes. Senate bills 1 and 2 were enacted despite Governor Beshear’s veto.

“What did they do?,” Governor Beshear said in a press conference. “They punted on first out.”

Senate President Robert Stivers disagreed.

“Why do you say we have punted when virtually all school systems have voted to continue the mask mandate?” Stivers said. “We felt that it would be better for local people to make local decisions. We didn’t punt anything.”

SB 3 was signed into law. SB 3 will utilize $69 million federal dollars to fight the pandemic in Kentucky.

In a surprise twist for the Republican-run legislature, House Joint Resolution 1 extended the Governor’s ability to declare a state of emergency until Jan. 15, 2022.


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