Bill restricting use of state funds challenging constitutionality of legislation passes panel

Spending state money

FRANKFORT, Ky.  – A bill restricting the use of state funds to challenge the constitutionality of any legislation passed by the General Assembly was among bills approved by the Senate State and Local Government Committee on Monday.

House Bill 248, sponsored by Rep. Daniel Elliott, R-Danville, would ban any statewide elected officer other than the attorney general from spending state money to bring or support a challenge to the constitutionality of any legislative act or resolution of the General Assembly.

In addition, no other state official, employee, or agency, other than the Department of Public Advocacy in a criminal matter, could expend any appropriation in such a challenge.

Elliott explained to the committee why this is needed.  “The General Assembly has the Constitutional authority to make the laws, the governor’s constitutional obligation is to enforce the laws, and the public’s confidence in its chief legal officer, the Attorney General, to advise on the constitutionality of legislation.”

The bill, which would be retroactive to Jan. 1, 2022, contains an emergency clause, so it would take effect immediately upon its signing by the governor, or upon a successful override of a veto.