FRANKFORT, Ky. (LEX 18) — The League of Women Voters of Kentucky believes the Kentucky General Assembly is using fast-track tactics to rush bills through the legislative process. The group believes this makes it difficult, or impossible, for Kentuckians to review and comment on "important and sometimes controversial bills."
“Our democracy depends on informed and active public participation in decision-making," said Jennifer A. Jackson, president of the League of Women Voters of Kentucky, during a press conference on Wednesday.
"The average Kentuckian should care bills are being discussed without their input, legislation is being passed without their input and when we find out what the impact is, it's often too late to turn it around," said Becky Jone, a vice president for the League. "The House and the Senate - these are the people's assembly, so the people need to be involved."
Jackson said the group's updated report, titled 'How Can They Do That (Part2): Ongoing Challenges to Transparency and Citizen Participation in Kentucky's Legislative Process,' shows additional evidence on "fast-track maneuvers." The League believes these processes violate the "democracy principle," which is that "we, the people, have a right to participate in decisions that affect us."
The 2023 report highlighted four fast-track tactics:
- Holding required readings of bills before any committee has considered the bill, allowing bills to be fast-tracked with no time for public input.
- Last-minute committee substitutes: Legislators replace original bills with last-minute substitute versions, allowing little or no time for the public to review or comment before the committee votes.
- Holding “floor” (full House or Senate) votes on bills the same day those bills were approved in committee.
- Holding floor votes on free conference committee reports (usually containing significantly changed language) on the same day the reports are filed.
The 2024 report adds four additional tactics:
- Loss of prefiled bills. The legislature discontinued access to prefiled bills, making it hard or impossible for Kentuckians to prepare for the legislative session.
- Shell bills. Legislators file bills with little or no substantive language to use as placeholders for more substantive language to be inserted after the deadline for filing legislation.
- Committee meetings held at irregular times or not at all. Instead of holding committee meetings at the scheduled time, surprise meetings are held outside the published schedule.
- Inconsistent access to records of legislative action. The legislature provides inconsistent access to important records, such as minutes of committee meetings and the legislative Journals of Proceedings required by the Constitution of Kentucky.
Jackson said that during the 2024 legislative session, 140 shell bills were filed. In 2010, about 15 were filed.
"For example, Senate Bill 299 was originally filed as a negligible two-word change. However, it was later transformed almost overnight into a 282-page piece of legislation," she said.
"We have to ask: is this really what's best for the people of Kentucky?" Jackson added.
Jackson also said the House and Senate canceled 56% of their committee meetings during the 2024 session, often holding meetings at irregular times on short notice to the public. The League’s report pointed out that Kentucky’s open meetings laws require public agencies to give 24-hour notice for emergency meetings along with an agenda that cannot be expanded.
“We’re not asking for a change in the rules, we’re asking for the rules to be followed,” Jackson said.
The League made the following recommendations for lawmakers:
- Hold the three required bill “readings” on separate days after a standing committee sends the bill to the whole House or Senate for a vote.
- Make committee substitute bills available online at least one full day before the committee meeting where the substitute will be considered.
- Allow at least one full day between the last standing committee action on a bill and the House or Senate floor vote on the bill.
- Allow at least one full day between free conference committee revisions to a bill and the House and Senate floor votes on that changed bill.
- Restore prefiled bills.
- Limit the need for and use of shell bills by filing substantive bills before filing deadlines.
- Transact most committee business during regularly scheduled meetings.
- Announce any additional committee meetings in the daily legislative calendar published the night before.
- Make records of legislative proceedings and committee meetings available to the public in a timely fashion.
