Stumbo pulls GAARD legislation

FRANKFORT — Legislation that would create an investigative arm for the General Assembly will not be voted on this session.

House Speaker Greg Stumbo, D-Prestonsburg, told the House State Government Committee on Monday that he would pull the measure so that he can work with legislative leaders to address concerns about the bill. He hopes to revive the proposal again in 2010.

Senate President David Williams, R-Burkesville, also filed similar legislation in the Senate in February. Williams said late Monday that he would agree to table the issue.

“We’ll study it if he wants to,” Williams said.

Many rank-and-file members, the media, State Auditor Crit Luallen and Attorney General Jack Conway had raised concerns about the original proposal for the General Assembly Accountability and Review Division.

Under the original plan, GAARD’s records would have been kept secret and exempt from subpoena power. Under a substitute filed Monday, GAARD’s records would be open with the exception of records associated with criminal investigations.

Stumbo, who testified before the House State Government Committee, said there were many questions and misconceptions about the bill. He thought it should be vetted and explained before it is voted on.

“I view this as a useful tool if used properly,” Stumbo said. “There is no subversive intent of this bill.”

Stumbo said the division’s main intent was to ensure the legislature received accurate information from state agencies when they are making multi-million dollar decisions on where money should go. Gov. Steve Beshear’s administration has been forthcoming, but that hasn’t always been the case, Stumbo said. The intent of the investigative division is not to “micromanage state government,” Stumbo said.

Many, including the Kentucky Press Association, applauded the proposed changes, which would make the division’s records open. Other critics said they were happy that Stumbo and the legislature had agreed to allow more time for discussion. Attorney General Jack Conway talked to Stumbo over the weekend about the bill and discussed Conway’s concerns about transparency, said Conway spokeswoman Allison Gardner Martin.

“The attorney general is hoping to work with the speaker and the Senate president during the interim to address their concerns while protecting transparency for the public,” Martin said.

Richard Beliles, chairman of Common Cause of Kentucky, said Stumbo’s move was “a very wise decision.”
“I commend him for this,” said Beliles. “The public interest is protected more by studying this issue and trying to ameliorate the problems in the original bill.”

Several members of the House State Government Committee on Monday questioned how much a new division would cost and how the investigative division would work.

Stumbo said the division would initially use existing Legislative Research Commission staff but there hasn’t been an estimate yet on how much GAARD would cost to implement.

Stumbo said a standing committee could forward a request to GAARD to investigate if the committee can’t get the information it wants from an agency. The Legislative Research Commission, consisting of House and Senate leadership, would then decide if GAARD should act, Stumbo said.

Rep. Mike Cherry, D-Princeton, recommended that a request for an investigation should be voted on by the legislative committee so that vindictive committee chairs could not order investigations unilaterally.

Rep. Brent Yonts, D-Greenville, said he applauded the changes in the bill but said the division’s authority may still be too broad.

Stumbo said after Monday’s meeting that he would take all of the suggestions under advisement.

“I think it does need to be refined,” Stumbo said.

– Beth Musgrave

Filed Under: Crit Luallen • David Williams • Featured • Greg Stumbo • Jack Conway • KY General Assembly • State Government • Steve Beshear