Franklin Circuit Court hands Gov. Steve Beshear a Victory and Invalidates the Transportation Bill

Larry Dale Keeling on his Herald Leader blog reports that the Franklin Circuit Court has ruled in favor of Gov. Steve Beshear and found that the Transportation Bill was not valid since it was passed after the Legislature had been adjourned by law. 

“Franklin Circuit Judge Phillip L. Shepherd ruled Thursday that House Bill 79, the road projects bill vetoed by Gov. Steve Beshear, is invalid because of the legislature’s “failure to present the bill to the governor prior to the end of legislative business on April 15 … as required by sections 42 and 56 of the Kentucky Constitution.” 

In ruling the legislation itself invalid, Shepherd did not address the validity of Beshear’s veto which was disputed in a legal action filed by Senate President David Williams because it came 11 business days after April 15, the constitutionally mandated time for the General Assembly to end its regular sessions. Beshear contended the veto fell within constitution’s 10-day limit because final action on the bill didn’t occur until the early hours of April 16. 

The Judge said: “Section 56 … plainly requires the legislature must present the bill to the Governor as a legislative act, and all legislation action, including presentment, must be completed prior to the time the legislature ends.” 

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