Will a lawsuit happen? Questions linger after HB1 signed

Governor Bevin confident his bill is legal
Posted at 4:08 PM, Jul 25, 2019

FRANKFORT, Ky. (LEX 18) — Governor Matt Bevin signed the new pension bill into law Wednesday, but the fight might not be over yet.

House Bill One was signed into law by the governor about two hours after the Kentucky Senate voted yes on it. Now, comments that the bill may be illegal have people wondering if there will be a lawsuit.

Three different possible legal issues with the bill have been brought up.

The first is the number of votes needed to pass the bill. The House passed it with 52 votes, but some Democrats say that 60 votes were needed since this is a spending bill in an odd-numbered year.

The second possible issue is the Inviolable Contract, a contract state employees have with the Commonwealth, ensuring the benefits. Lawmakers who were against the governor's pension bill claimed that the language in the bill broke that contract.

The third possible issue is Governor Bevin's call for the special session, which was criticized by some for being too narrow.

Attorney General Andy Beshear said if it were not fixed, it could face legal challenges.

"The constitution limits the governor to outlining the topics or the subjects that may be considered, not the exact terms that a legislature must adopt," said Beshear.

When asked, Governor Bevin said that he was confident his bill is legal.

"There's no basis for any of it. It's just the kind of political theater that would come out of the Attorney General's Office perhaps, but there's no basis for any action to be taken at all," said Bevin.