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Friday, August 01, 2008

And In Kentucky, Judge Phillip L. Shepherd, Proves Me CORRECT On "25Th Hour" Road Plan.

Yes, I predicted the outcome of this case.

You can read the court's opinion here.

Notice that by the judge's ruling, ALL "25th hour" bills passed by the General Assembly are LIKEWISE null and void.

According to the judge:

"In this action, it is undisputed that the bill was not presented to the Governor until the day after the 2008 session of the General Assembly ended. It makes no difference whether the House and Senate adjourned sine die on April 15, or, alternatively, whether the legislature simply ceased to exist by virtue of Section 42 of the Constitution, which requires that the regular session of the General
Assembly shall not “continue beyond sixty legislative days nor shall it extend beyond April 15.” Either way, the General Assembly had no power to act after midnight on April 15, 2008. Since immediate presentment to the Governor is specifically required by Section 56, and this legislative act was not accomplished prior to the end of the legislative session, this Court holds that H.B. 79 has no
legal force or effect."

Continuing in a footnote, the court seemed to mock Senator David Williams:

"It does not matter whether the governor's office is open or closed. The clerk of the House or Senate can nail the legislation to the governor's door, so long as the delivery is made prior to sine die adjournment or April 15th. Section 56 does not require the governor to accept service during office hours, nor does it authorize an agent of the governor to waive immediate presentation. It plainly requires the legislature must present the bill to the Governor as a legislative act, and all legislation action, including presentment, must be completed prior to the time the legislature ends."

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