Are bills finalized after midnight legit?

Questions remain about the legality of bills that legislative leaders officially signed after midnight.

Tuesday night/Wednesday morning became a sort-of turn-back-the-clock event that hearkened back to the 1970s and 1980s, when legislators would, well, turn back the clock in order to finish their work.

KET cameras and reporters watched as at least five bills – two in the Senate, three in the House – received the necessary signatures from House Speaker Jody Richards, D-Bowling Green, and Senate President David Williams, R-Burkesville, in their respective chambers long after 12 a.m. The chambers did not officially end the session, called sine die, until about 1 a.m. Wednesday, April 16.

But the state’s constitution says the General Assembly session cannot “extend beyond April 15.”

The legislative record, however, will show that no bills were finalized, or enrolled, after midnight, said Robert Sherman, director of the Legislative Research Commission.

“To the best of my knowledge, neither the Senate and House journals show that any business occurred after midnight,” he said.

But how does that jibe with vote-count sheets that show the House taking up measures as late as 12:12 a.m.?

“There are evidently conflicting clocks,” Sherman said dryly.

Former state Supreme Court Justice James Keller said the bills enrolled after midnight could have a constitutional problem. But someone affected by the bill would have to file a lawsuit to challenge it, he said.

“If they have evidence that clearly shows that these bills were enrolled on April 16, they may be held to be enacted in violation of the constitution and therefore invalid,” he said.

Otherwise, the legal precedent is that bills passed by the General Assembly are presumed to be valid until proven otherwise.

At 12:53 a.m., Williams, the Senate president, signed off on two bills to be sent to the governor – an energy bill, House Bill 2, and Senate Bill 188, which deals with foster care review boards. He said if anyone wants to challenge the legality of the bills being signed on Wednesday, “go to it.”

Attorney General Jack Conway declined to comment on whether he considered the post-midnight bills to be legal.

"That could be a matter brought to our office for an opinion if someone wants to challenge that legislation. I'm not inviting that, but I'm going to reserve judgment on that," Conway said.

He joked that Richards, who hails from Bowling Green, "operates on Central daylight time."

- Ryan Alessi

Comments

[clay]

LRC translates to Liars, Republicans Crooks
Redundant

What happened to Ed Worley? Did his daddy David Williams fail to tell him what to say? Is it too late for Metcalf , the Poty Bill Guru to return to power?

[Disgruntled Fromer LRC]

Clay obviously isn't too familiar with Frankfort. The LRC is the most Democrat group of state employees in the Capital . . . and that's saying something!

David Williams and the Senate Republicans won't even let the LRC employees draft their bills. They have their own leadership staff do it!

[gaitorbait]

jack conway is a complete waste!

[WhyOnlyHalftheStory]

Don't you just love it when they only give half the story. So what were the bills signed by the Speaker after midnight????