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Ky House Speaker Sues Gov. Bevin Over Legality of Veto Action

LRC Public Information

Kentucky House Speaker Greg Stumbo has filed a lawsuit questioning the constitutional legality of Gov. Matt Bevin’s recent veto actions.  

The Democratic Representative from Prestonburg and former Kentucky Attorney General filed the lawsuit Wednesday in Franklin Circuit Court.

UPDATE: Gov. Matt Bevin has responded to Speaker Stumbo's lawsuit with a statement:

"One month to the day since Attorney General Beshear filed his lawsuit, the Governor’s Office has been served with another petty political lawsuit. While we're working to fix the financial foundation of the Commonwealth, they are intent on thwarting progress by filing frivolous lawsuits. The Governor’s vetoes are valid and were filed in accordance with the Constitution. This charade is an unfortunate waste of taxpayer dollars.”

 

Original Post continued

“I believe the governor’s actions go against the letter and spirit of Kentucky’s constitution, but case law is silent in many of the areas being called into question,” said Stumbo.  “As a long-time lawmaker and a former Attorney General, I think we need direction so that this and future governors will have a better understanding of what they can do when it comes to approving or rejecting bills sent to them by the General Assembly.  This is not an adversarial lawsuit, but I do think it highlights what I see as a clear separation-of-powers issue.  We need to make sure nothing like this happens again.” 

The lawsuit focuses on vetoes of House Bill approved April 15th including legislation about the state’s two-year budget and the passage of Senate Bill 296 which the governor signed into law even though it had not been properly delivered to him.  

Stumbo also questioned the governor’s ability to line-item veto language within the state’s two-year highway plan.  

“This was not an appropriation bill, so it either needed to be approved or rejected entirely,” he said.  “We need more answers from the courts in this area as well.

“I am also deeply concerned about vetoing House Bill 626 but maintaining the $100 million worth of bonds in the budget for workforce-development projects,” Stumbo added.  “Without the framework of House Bill 626, he essentially has a blank check on how this money can be spent.  Taking away legislative input entirely is wrong, and I don’t think he can issues these bonds as a result.”

Stumbo says this is “not an adversarial lawsuit” but highlights a clear separation-of-powers issue within state government.  

Stumbo says that, as Attorney General, he had successfully litigated another budget-related matter a decade ago during the administration of Gov. Fletcher. 

“Back then, there was question whether the governor had spending authority if no budget was in effect at the start of the fiscal year," said Stumbo. “The Kentucky Supreme Court correctly ruled that the only budgetary matters that can go forward are those required by the federal government or state constitution.  This lawsuit will shine further light in this area and give us the guidance we need.  I’m looking forward to what should be a quick and easy-to-make decision.”

Last week, Stumbo asked the state auditor’s office whether the General Assembly could legally authorize audits of another branch of government.  

 

Rob Canning is a native of Murray, KY, a 2015 TV Production grad of Murray State. At MSU, he served as team captain of the Murray State Rowing Club. Rob's goal is to become a screenwriter, film director or producer and looks to the likes of Quentin Tarantino and Guy Ritchie for inspiration. He appreciates good music, mainly favoring British rock n' roll, and approves of anything with Jack White's name on it. When not studying, rowing or writing, Rob enjoys spending his free time with a book or guitar.