FRANKFORT, Ky. (AP) _ Two branches of Kentucky government are bracing for a court fight over the constitutionality of Gov. Steve Beshear's recent veto of a $3.8 billion state road plan.
Senate President David Williams filed a lawsuit against Beshear Friday, claiming the governor was too late in invoking his power to veto the proposal. Williams, R-Burkesville, is also challenging Beshear's plan to spend money on road projects through an alternate plan that the General Assembly had not approved.
"The average citizen should hope that the governor will see the error of his ways and will confess judgment in this case, and hopefully would admit that his veto was wrong," Williams said.
Williams filed the lawsuit in Franklin Circuit Court on Friday. A hearing date had not been set.
Kentucky lawmakers last month passed a two-year $19 billion state budget, but the road projects bill was passed separately. The plan Beshear slashed would have authorized hundreds of transportation construction projects throughout the state.
Beshear vetoed that legislation late last month claiming it would have hampered his administration's ability to manage road projects and deal with any unexpected expenses that may arise.
Instead, Beshear said his administration would issue an alternate transportation plan, which is expected to be out early next month. The proposal, Beshear said at the time, would include the projects authorized this year by the legislature and more.
Such a plan is not allowable under Kentucky law, Williams said.
Transportation Secretary Joe Prather said last month that both road plans were underfunded, with an estimated $150 million available in state money and about $1.3 billion from the federal government.
At issue, are two key questions, Williams said.
First, Williams maintains Beshear's veto came 11 days after the legislature adjourned, one day after Beshear's veto window closed. That means the veto should be nullified, Williams said.
By law, the governor has 10 days — not counting Sundays — to veto or sign into law legislation passed by the legislature. Legislation may also become law without the governor's signature after the tenth day.
Second, Williams says that if the veto is allowed to stand, Beshear does not have authority to spend money through his proposed alternate spending plan.
Attorney Paul Salamanca, who is working with Williams on the case, said the governor does not have authority to spend money that the legislature hasn't appropriated.
"The power of the purse lies in the General Assembly, it's (lain) in the legislature since the English civil war of the 17th century," Salamanca said. "It's a very important historical point, something that people shed blood for."
It's still uncertain exactly when Beshear's veto clock started ticking. On April 15, their final day of action this year, lawmakers in both chambers stopped the wall clocks before midnight and did not adjourn until about 1 a.m. on April 16.
Williams maintains the legislature officially adjourned on April 15. Beshear's veto came on April 28.
House Speaker Jody Richards, D-Bowling Green, said the lawsuit was premature because Beshear had not spent any unappropriated money and had not yet unveiled his alternate plan. Richards also said he believed Beshear's veto was timely.
"I've talked with attorneys in and out of the legislature and they come down on the governor's side on the issue," Richards said. "They think he is within his rights under the law."
In a statement supporting his veto Beshear said, "I am confident in our legal position and that the veto of HB 79 is effective and in the best interest of the commonwealth. The veto was necessary in order to preserve the needed flexibility to appropriately fund critical and unforeseen transportation projects."
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