A Kentucky trial judge has invalidated a highway construction bill because the Legislature did not get the bill to the Governor until the day after it was constitutionally required to adjourn sine die. Under a time-honored tradition in Kentucky (and, at least, Texas), the Legislature stopped the clock before midnight on April 15, the session’s last day, and then proceeded to pass several bills, including the road bill. However, the judge did not rely on the stopped clock to invalidate the bill.
The judge instead looked to the fact that the bill was not presented to the Governor for his signature until April 16, a day on which the Legislature was not in session. Since the Legislature could not legally be in session, a presiding officer could not sign an enrolled bill and a legislative officer could not present the bill to the Governor for his consideration. Thus, the time for getting it to the Governor’s desk just ran out. At least 11 other bills and five resolutions are also subject to invalidation under the judge’s decision, according to the Louisville Courier-Journal, “includ[ing] some key measures, including a House bill aimed at energy conservation, a broad criminal justice bill and the authorization of local water and sewer projects.” No word yet on any appeal. Williams v. Grayson, No. 08-CI-856 (Ky. Circ. Franklin Co. July 31, 2008) (opinion available here). [Thanks to the Kentucky Law Review for posting the initial stories.]
