Hearing held in Kentucky auditor’s lawsuit over SB 151 implementation

FRANKFORT, Ky. — A lawsuit filed by Kentucky Auditor Allison Ball had its first hearing Wednesday in Franklin County Circuit Court.

Ball is suing Gov. Andy Beshear and the Kentucky Cabinet for Health and Family Services, arguing the administration is failing to execute Senate Bill 151—legislation designed to provide financial support to kinship caregivers, such as relatives and close family friends raising children in foster care.

Attorneys representing the governor’s office pushed back on Ball’s legal authority to bring the case forward, claiming she does not have standing to enforce the law.

During the hearing, Judge Thomas Wingate questioned whether the auditor’s office had the power to sue at all.

“What do you say to this? You can audit, but you can’t file a lawsuit?” Wingate asked. “Because I’ve never heard of an auditor filing a lawsuit.”

Ball’s attorney, Alexander Magera, replied, “I don’t think an auditor has ever had to file a lawsuit because this is the first time in the history of the commonwealth that I’m aware of that an executive branch agency in office is refusing to comply with our investigation.”

The Cabinet for Health and Family Services argues the issue isn’t about enforcement, but about funding. Officials say the state cannot implement SB 151 because lawmakers did not appropriate the money to do so.

“Simply auditing a public agency to determine how they’re spending their money, whether they’re being responsible with their money, is a role she’s assigned to do,” said Taylor Payne, with the Office of the Governor. “But in this situation, she has no injury due to the cabinet’s inability to enforce SB 151 because they don’t have any money to do that—they weren’t appropriated.”

Still, Ball’s legal team argues that investigative bodies have a right to take someone to court if they’re being blocked from doing their job.

“If we did not have the authority to do that, I don’t know why any of our investigated or audited entities would ever comply with any of our investigations,” said Magera.

The Cabinet’s legal team maintains it has not challenged Ball’s authority to investigate, just her right to file suit. 

“The auditor just does not have standing to bring this action,” said Wesley Duke, general counsel for the Cabinet.

Judge Wingate said he will likely dismiss Gov. Beshear from the lawsuit but expects it could take a couple of weeks before a formal ruling is issued.