by Tom Loftus , @TomLoftus_CJ –
FRANKFORT, Ky. — A surprise proposal that erupted last week to transfer the power to file civil lawsuits or handle appeals on behalf of Kentuckians from the attorney general to the governor is being revised.
Sen. Whitney Westerfield, the Hopkinsville Republican who chairs the Senate Judiciary Committee, said Tuesday morning that he expects his committee will consider a new version of the bill either late Tuesday or Wednesday.
Westerfield gave only a vague description of a new version of House Bill 281. He said he does not believe it will curtail the authority of the attorney general’s office but that he still expects Democratic Attorney General Andy Beshear will not like it.
“I don’t think it’s going to curtail his authority,” Westerfield said. “… In fact, you could make the argument it may actually expand it. We’re just clarifying what his authority is.”
Westerfield, who said he’s revised the bill based on conversations with Senate President Robert Stivers, said that the new version was still being drafted Tuesday morning.
If the General Assembly decides to act on the measure, it must do so in the waning hours of the current session. Under the calendar adopted by legislative leaders, Wednesday is the last day of the session to pass bills.
House Bill 281 passed the House in a simpler form that limited how much the attorney general’s office could pay outside attorneys hired to represent the state in complex cases. And that language remains in the bill.
But last week Stivers, a Manchester Republican, proposed a new version that would strip the authority to file civil suits or handle appeals on behalf of Kentuckians and give it to the governor. But the committee delayed action on that proposal until this week.
Beshear reacted with outrage, calling the proposal “an unprecedented power grab and one of the worst overreaches since the adoption of our (state) constitution.”
The proposal comes after a year that saw several high-profile legal clashes between Democrat Beshear and Republican Gov. Matt Bevin — most notably Beshear’s successful lawsuit blocking Bevin’s attempt to abolish the entire University of Louisville board of trustees by executive order and replace it with members of his choosing. Beshear also won a case challenging Bevin’s directive to cut funding to public universities under a previously enacted budget.
Westerfield said Beshear “is welcome to come” to his next committee meeting, when the new version of the bill will be unveiled.
This story will be updated.
