Political BLOG

Mark Hebert
April 2008
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Beshear Vetoes HB 79 - Highway Spending Plan

9:34 PM Mon, Apr 28, 2008 |
Mark Hebert

Governor Beshear has vetoed the bill that lays out how his administration must spend millions of dollars in state highway funds over the next few years. But Senate President David Williams says the veto doesn't matter because what Beshear is doing is illegal.

Beshear says he vetoed the bill because it tied the hands of the Transportation Cabinet to prioritize funds to finish projects that have already begun. And by allocating every dollar to a specific road project, Beshear argues the legislature was taking away his authority to make decisions on how to spend road dollars. So he vetoed the bill.

Beshear is now asking Transportation Secretary Joe Prather to come up with a new road plan that includes all of the projects Beshear initially proposed as well as the ones added by the legislature. The problem, of course, is that there's not nearly enough money to complete all of them. Beshear did say that the funding for the Ohio River Bridges project in Louisville will be included and a top priority.

But Williams says Beshear illegally vetoed the bill on the 11th day after the legislature adjourned. The Kentucky Constitution says a governor must veto or sign a bill within 10 days after the legislature adjourns or it becomes law without his signature. Sundays don't count so Monday was, indeed, the 11th day after April 15th, when the legislature had to legally adjourn. HOWEVER, lawmakers didn't actually adjourn until the wee hours of April 16th, stopping the clock to fool history by trying to show that they adjourned by midnight on the 15th. Under that scenario, Beshear's veto was probably legal and timely.

But Williams also contends that the governor can't spend any state highway funds that weren't included in a state highway plan approved by the legislature. Since he vetoed the road plan put forth by lawmakers, the Senate President argues that the Beshear administration has no right to spend money on any highway projects.

Beshear says he didn't veto the road plan as a way to gain some political leverage with lawmakers, potentially trading some influence over road construction spending decisions for an increase in the cigarette tax or a pension bill close to what public employees want to see.




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