Beshear vetoed the plan April 26th, ten days after it was delivered to his office. That would be legal. But Williams claims the ten day veto window closed April 25th, ten days after the legislative session was legally required to end on April 15th. It appears a court fight may be in the offing.

Here's Williams' letter:

Dear Governor Beshear:
I am writing to formally express my concerns regarding your recent attempt to veto HB 79, the State Biennial Highway Construction Program for 2008-2010. Your veto message was signed outside of the ten days from adjournment as allowed in §88 of the Constitution of Kentucky. I believe it is therefore a nullity.

Even in the unlikely event that your veto should be ruled effective, I am deeply concerned about the intent expressed in your veto message to spend money for road construction without budgetary approval of the General Assembly. By your veto of HB 79, you have attempted to nullify the legislatively approved Biennial Highway Construction Program. The recent pronouncement of the Kentucky Supreme Court in Fletcher v. Stumbo makes it clear that the Executive Branch cannot spend money without Legislative approval, except in circumstances enumerated therein, which does not include transportation spending. Yet, that appears to be your intent.

If your veto of HB 79 should survive, I would suggest that you read HB 406 (Executive Branch Budget) page 118, beginning with line 23, concerning the enactment of a 2008-2010 biennial road construction budget by the General Assembly. In that provision, the General Assembly clearly establishes a 2008-2010 biennial road construction plan. Should your veto be upheld, I think it is clear that your authority to spend highway funds, both state and federal, is limited to projects contained in the HB 406 reauthorization language in paragraph (6), and no others. The General Assembly enacted that provision, you signed the bill, and it is now the law. It is your Constitutional duty to follow the law. Although certain flexibility is allowed by statute, you cannot make up the law as you go.

I respect the power and authority of the Office of Governor, and I hope you recognize my obligation to protect the Legislature's exclusive constitutional authority to appropriate funds and authorize spending on road projects. I respectfully request that you respond in writing with the legal reasoning or authority you claim in order to accomplish the expressed intent to ignore the law regarding spending on road projects. Hopefully, we can work together to resolve this within the law and without unnecessary legal expense.

Thank you in advance for your prompt and complete reply.

Sincerely,

David L. Williams

President of the Senate