A nonprofit publication of the Kentucky Center for Public Service Journalism

Governor Bevin vetoes his first bill (on regulatory processes), used his line-item veto on a second one


By Tom Latek
Kentucky Today

Gov. Matt Bevin on Tuesday vetoed his first bill passed by the 2019 General Assembly and has used his line-item veto power to modify a second.


A bill sponsored by Rep. Ken Upchurch, R-Monticello, would extend the period of time for implementing administrative regulations, which are used by executive branch agencies to implement laws passed by the General Assembly or to serve until a legislative session. This would give lawmakers more oversight to review the regulations.


In his veto message, Bevin said, “House Bill 4 serves as a solution for a problem that doesn’t exist. Kentucky’s regulatory process functions well, and this legislation would unnecessarily extend the timeline for implementation up to an additional 60 days.”

Gov. Bevin


Bevin said not only will the 60-day delay put executive branch agencies at risk of losing federal funding, “it will stymie the progress of the Commonwealth’s Red Tape Reduction initiative, which has repeatedly proven to reduce regulatory burdens that have kept companies from locating or expanding in Kentucky.”


He further noted that Kentucky’s separation of powers provisions are among the strongest in the country. So, the legislation could be interpreted as violating the Constitution “and will serve to usurp the traditional, constitutional power and authority of the executive branch.”


Bevin summed up his message by saying, “The delay in implementation of regulations, the real possibility of losing federal funds and the overall disruption of government due to the addition of unnecessary red tape, are not offset by any benefits to anyone if this bill were to become law.”


Unlike other bills in which a veto is all or nothing when it comes to spending bills, the governor has line-item veto power, meaning he can strike passages of those bills while leaving the rest intact.


The governor took out two passages from a bill dealing with Area Development Districts, saying language in the current two-year budget is more fiscally sound in maximizing resources by prioritizing federal matching dollars. He also said more than half of the ADDs asked him to strike two lines from the bill, addressing a misrepresentation that the ADDs supported the change.


He also used his line-item veto powers to strike five other passages in the bill, which the governor said would create an unnecessary burden on public universities that have adopted a process for disposition of power.


Lawmakers return to Frankfort on Thursday for the final day of the 2019 regular session and by a simple majority can vote to override the governor’s vetoes. Any bills they pass on Thursday can be vetoed without fear of an override.          


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