LEXINGTON, Ky. (LEX 18) — A new study found that Kentucky lawmakers are increasingly using "fast-track maneuvers" that limit transparency and citizen participation.
On Wednesday, the League of Women Voters of Kentucky released "How Can They Do That? Transparency and Citizen Participation in Kentucky’s Legislative Process." The group reviewed the processed used to pass bills in every other 60-day session between 1998 and 2022.
The analysis points to four procedural maneuvers that undermine citizen participation, according to the group.
Those procedures are:
- Replacing bills with substitute versions on short notice with little time for review
- Holding required "readings" of bills before any committee has considered the bill, which allows fast-tracking the bill for passage with no time for public input
- 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 (which may contain new bill language) on the same day the reports are filed
"Simply put - Kentucky legislators have been increasingly fast-tracking bills through the legislative process in ways that leave little or no time for citizens, and sometimes legislators, to read the bills and give input to legislators before those bills are voted on and become law," said Becky Jones, the first vice president of the League of Women Voters of Kentucky.
The League of Women Voters of Kentucky says although some lawmakers may say these procedures have always been used, the data shows a growing trend.
"What we found is that 25 years ago, less than 5% of bills that became law used one or more of these fats-track maneuvers to quickly get bills out of committee, voted on, and passed. However, our research revealed that by 2002, the percentage of fast-tracked bills began to dramatically increase," said Jones. "So much so that by 2022, 24% of bills that passed the Senate and 32% of bill that passed the House had been fast-tracked to their final vote in ways that essentially cut out public scrutiny or input."
"Something has changed in the last 25 years and that we really need to more considerate of the citizens’ right to be part of the deliberations," added Janie Lindle, a member of the League's research team. “The rate from 1998 to now is just concerning.”
Why does this matter?
"Legislative transparency equals public visibility," said Becky Jones, first vice president of the League of Women Voters of Kentucky. "The legislature's rules, when followed, should ensure that our lawmakers adhere to a fundamental principle of democracy, which is this - people have a right to participate in decisions that affect them."
“When it gets to the point where it feels like citizens have to take on a second job to make sure that the people we hired to do the job are doing the job - something is amiss," Jones added.
The League believes there are things lawmakers can do to help improve transparency.
Their recommendations include:
- Holding the three required bill “readings” on three separate days after a standing committee sends the bill to the whole House or Senate for a vote
- Making committee substitute bills available online at least one full day before the committee meeting where the substitute will be considered
- Allowing at least one full day between the last standing committee action on a bill and the House or Senate floor vote on the bill
- Allowing at least one full day between free conference committee revisions to a bill and the House or Senate floor vote on that changed bill
“Our democracy depends on informed and active public participation in decision-making," said Jennifer Jackson, President of the League. "While elections are crucial, public engagement should extend beyond voting alone. Citizens must have the opportunity to contribute throughout the legislative process, and lawmakers should prioritize careful study and listening to ensure a comprehensive and participatory approach to finalizing legislation.”
