House veterans committee advances recusal bill after debate over 'any person' language

FRANKFORT, Ky. — The Kentucky House Standing Committee on Veterans, Military Affairs and Public Protection advanced Senate Bill 198, as amended by a committee substitute that incorporates provisions from House Bill 569, after members debated language allowing "any person" to seek a judge's recusal and a consumer-protection clarification from the Attorney General's office.

The committee heard from Will Schroder, senior counsel in the Attorney General's office, who said he was present to explain how the measure affects the AG's office and moved to adopt the committee substitute. Representative Stephanie Dietz (65th District), who placed the amendment on the bill, told the committee the substitute "gives us another avenue in order to have judges recuse themselves," and noted the language mirrors HB 569, which previously passed the House judiciary committee and the House floor.

Representative Matthew Koch (72nd District), who described the provision as important to veterans, said the substitute keeps most language intact but "we've allowed one more month for the bad actors to be able to continue to operate," and stressed the committee's work on the issue over three years. Koch also said the Attorney General's office requested one technical change that affects how the consumer-protection branch measures violations, which the AG's counsel described as codifying the office's existing practice following litigation questions.

Members pressed for clarifications. One representative asked whether the term "individual" includes corporations, non-profits or out-of-state parties; the committee was told the provision can apply to organizations and is not limited by residency. Ranking Minority Member Moore posed a hypothetical about a nonresident from San Francisco seeking recusal; the committee was told the process begins with an affidavit to the Attorney General's office and can also be directed to the chief judge, who may reject petitions that do not meet the statutory threshold. Representative Roberts confirmed an out-of-state business must still designate itself as operating in Kentucky as a foreign business entity to use the mechanism.

Several members voiced concern about the breadth of the "any person" language. Representative Hall said, "It's basically three bills put into one. I voted for two, I voted against one," and described the "any person" provision as a bridge too far. After discussion, the committee adopted the committee substitute by voice vote and, on a subsequent recorded call, the chair announced the bill passed the committee favorably as amended and that a title amendment had also passed.

The committee forwarded Senate Bill 198 to the full House for further consideration. No penalty amount changes were reported in committee; members were told penalty language remained the same in the substitute. The committee offered two brief post-meeting announcements, including recognition of an Eastern Kentucky University representative and an invitation to an event for Tech Sergeant Ashley Purl in Bardstown next week.