The journey to make a new law is a long one, with multiple steps aimed at ensuring the best possible product. It begins with an idea and research, evolves into a bill or resolution, then undergoes scrutiny, debate, and revision. Through committee hearings, floor debates, and votes, the bill navigates the legislative process, where it may face amendments, committee substitutes, and opposition. Finally, if approved by the legislature and signed by the governor, the bill becomes law, shaping the legal landscape and impacting society. Ultimately, to borrow from Proverbs, the idea is that “iron sharpens iron,” leading to a better end product that will benefit generations.
However, Kentucky governors do not have to sign every bill into law. He or she also has the option of allowing it to be come law without their signature, or vetoing the bill or resolution. Spending bills provide an alternative, the line-item veto. And, our constitution sets aside ten days (not including Sundays or holidays) to allow a governor to consider their choices. Of course, to balance the veto power, the constitution also provides the legislature with the opportunity to override the veto and allow the legislation to become law. The veto override is a crucial aspect of the system of checks and balances in many democratic governments, ensuring that no single branch of government holds unchecked power.
To be frank, the veto override process is probably the most open direct confrontation between the legislative and executive branches of government. Essentially, the branches openly disagree when most want us to work together. However, it is a necessary function of the legislative process because, at the end of the day, the legislative branch is responsible for making laws and is the closest to the actual people of Kentucky since legislative districts are much smaller than the state as a whole.
Several of the line item vetoes that we overrode required the legislature to approve projects for funding, while others limited the amount of discretionary funds provided without legislative approval. Since we are only in session 60-days in even years and 30-days in odd years, we recognize that a governor needs access to funds to respond to emergencies and address short term issues that can be fully addressed when the legislature comes back into session. However, as stewards of taxpayer resources, we also must make sure that we can account for every dollar spent and how it has benefited the state. Unfortunately, discretionary spending makes that difficult and at times virtually impossible.
Other legislation that was vetoed and overridden includes:
The Safer Kentucky Act: HB 5 toughens the state’s approach to crime, and includes increasing penalties for violent offenders, changing the parole board; creating a carjacking statute; and destroying firearms used in murders.
Protecting Election Integrity: HB 44 requires circuit court clerks to provide a list of those excused from jury duty because they are not a U.S. citizen.
Ensuring Access to Motor Vehicle Fuel: HB 581 prevents local governments from banning or limiting traditional gas stations from locating in business area that would otherwise be available to them while favoring electric vehicle chargers.
Taking Advantage of Federal and Private Funding Opportunities: HB 723 makes changes to the GRANT program we enacted during the 2023 Regular Session. This program provides grant opportunities to local communities and organizations who need matching funds to access large federal and private sector grants. HB 723 moves the program to the Cabinet for Economic Development, where it should be administered with greater efficiency and effectiveness since it fits with the cabinet’s mission.
These are just a handful of the 24 bills and resolutions overridden in full and part. Overall, the Governor has vetoed a historic number of measures during his tenure, and we have carefully considered each veto and overridden almost all of them.
As always, I can be reached anytime through the toll-free message line in Frankfort at 1-800-372-7181. You can also contact me via e-mail at Thomas.Huff@lrc.ky.gov and keep track through the Kentucky legislature’s website at legislature.ky.gov.
