Legislative pay in limbo for special session that lacks lawmakers

UPDATED AT 3:47 P.M.

By Jack Brammer
jbrammer@herald-leader.com

FRANKFORT — Although lawmakers left the Capitol last week, the special legislative session on Medicaid continues and it remains unclear if lawmakers will be paid each day until it ends — most likely on April 6.

Robert Sherman, director of the Legislative Research Commission, said Monday that his agency will wait until the special session is officially over before it determines whether lawmakers will be paid for days not spent in the Capitol.

“The session goes on until both chambers adjourn. Only one chamber has adjourned. That means we still are in session,” Sherman said. “After the session is over, we will want to see what the law is in front of us about legislative pay.”

The state House voted on Thursday night to adjourn sine die — a parliamentary move to officially end its participation in the special session that began March 14 at a daily cost to taxpayers of about $63,500, including weekends.

However, the Senate had already adjourned earlier in the evening until April 6 to consider overriding any vetoes by the governor. It takes both the House and the Senate to override a veto. If the House does not meet again, any action by the Senate on April 6 would be moot.

House Minority Leader Jeff Hoover, R-Jamestown, said Monday that House Speaker Greg Stumbo, D-Prestonsburg, should bring members of the House back to the Capitol on April 6 to override several items vetoed by Beshear in the Medicaid bill, House Bill 1.

“Our caucus stood in opposition to the House adjourning sine die because we would lose our ability to hold the governor accountable and to override any vetoes issued on House Bill 1,” Hoover said in a statement.

He noted that many of the items vetoed by Beshear were part of a bill passed by the House on a 94-4 vote earlier this month.

“The governor has clearly snubbed his nose at the bipartisan effort and overwhelming consensus of the House in passing the compromise on House Bill 1,” Hoover said. “The governor’s actions are disturbing and we, as a House, need to hold him accountable.”

The House voted to adjourn last week after approving the Senate’s version of a bill to close a hole in the Medicaid budget, even though a majority of the House opposed more than $100 million in spending cuts included in the bill. Beshear then made good on his promise to veto spending cuts and other parts of the measure that were added to the proposal by Senate Republicans.

That means Beshear now can transfer $166 million in Medicaid money from next fiscal year to the current fiscal year, then try to make up the difference in the second year of the budget through a series of cost-saving initiatives, including privately-run managed care programs for Medicaid patients.

Beshear also vetoed in the bill a provision put in by Senate Republican leaders that would have suspended legislative pay during a 12-day veto period, which began last Friday — the 12th day of the special session. Beshear said he vetoed the legislative pay provision because the Kentucky Constitution prohibits the legislature from changing its pay during a session.

He said lawmakers could voluntarily reimburse the state for any pay they receive after last Thursday.
Hoover spokesman Michael Goins said the House GOP caucus agrees with Beshear that the Senate language inserted in HB 1 dealing with legislative pay is unconstitutional.

Republican Senate President David Williams of Burkesville, who would like to replace Beshear as governor, has said the House should return and override Beshear’s veto dealing with legislative pay.

“We have no plans to return until the 2012 Regular Session convenes,” Stumbo said in a statement Monday.

He repeated his call for the Senate to meet as soon as possible and adjourn sine die to avoid paying lawmakers.

“By failing in this simple duty, the Senate is costing taxpayers $65,000 a day,” Stumbo said.

LRC director Sherman said Monday he does not know what effect Beshear’s veto will have on legislative pay.

“Again, we will wait until the session is officially over before we determine legislative pay,” he said.

Only lawmakers can determine when a session ends, although Section 80 of the Kentucky Constitution states that when the two chambers disagree on the time of adjournment, the governor may adjourn them for up to four months.

It adds: “When he shall convene the General Assembly it shall be by proclamation, stating the subjects to be considered, and no other shall be considered.”

Beshear does not plan to do that.

“As far as I’m concerned, the session is over with,” Beshear said Monday morning. “The session ended March 24 when the House adjourned sine die. I would certainly hope that nobody gets paid after that time because the work ended on March 24 also.”

The special session was needed because lawmakers could not reach an agreement on the Medicaid budget during its regular session earlier this year.

Filed Under: David Williams • Greg Stumbo • KY General Assembly • Steve Beshear