For Immediate Release
March 19, 2003
Contact: Rusty Cheuvront or Terry Sebastian (502) 564-2611  

Patton announces partial list of legislation he intends to veto

FRANKFORT, Ky. - Gov. Paul Patton announced today that he plans to exercise his constitutional authority to veto House Bill 467, a measure relating to weight limits on trucks, and portions of House Bill 269, the budget bill. Additionally, Patton said he would veto additional portions of the budget bill in the next few days.    

The portions of HB 269 Patton will veto include:  

-- Lines 18-27 on page 216 and lines 1-13 on page 217 of HB 269. These provisions direct the Secretary of Personnel to implement a hiring freeze and to approve exceptions to the freeze only if the Secretary determines in writing that the position is necessary for public safety, health, emergency, or other extraordinary, critical or compelling circumstance. This directive will have the unacceptable consequence of forcing the complete or partial closure of Kentucky state park facilities, which require the retention of additional personnel on a seasonal basis. This provision is illogical at best and contains for example an exemption for the Department of Fish and Wildlife to hire interim employees for summer camping programs. While in themselves a worthwhile service, the exception and provisions in this language constitute an arbitrary and capricious standard and are thereby violate Section 2 of Kentucky’s Constitution.  Furthermore, the directive constitutes an unwarranted intrusion into the responsibilities of the Executive Branch of state government as recognized in Sections 81, 69, 27, and 28 of Kentucky’s Constitution. 

-- Lines 20-24 on page 205 of HB 269 will be vetoed because they contain an unduly burdensome and narrow definition of unclassified employees whose numbers are to be reduced by 250 before December 1 of this year.  There are currently approximately 800 positions in those classifications as of today and reducing that number by 30 percent prior to a new administration coming into office would arbitrarily and unduly restrict that administration from putting into place the management structure it may deem appropriate to administer state government.   

-- Lines 3-5 of page 223 of HB 269 will be vetoed. These lines require the transfer of $5.5 million from the Emergency Repair, Maintenance and Replacement account in the capitol construction fund to the general fund in fiscal year 2002-2003. A transfer of that magnitude would unacceptably reduce the emergency repair fund to $3.7 million, which is insufficient to meet requirements for already identified emergency repair problems including roof repair and replacement, health and environmental problems and landslides affecting state facilities, buildings, and grounds, including critical repairs necessary for the School for the Blind and the Library and Archives Building.   

-- Lines 8 and 9 on page 273 of HB 269 will be vetoed.  This language unreasonably and unnecessarily mandates the Department of Corrections to maintain its current level of educational services in the face of reduction in funds, which would expose the department to needless litigation and inappropriately reduce educational services provided by the department. 

-- The Governor will veto HB 467.  This bill eliminates the axle weight limitations for motor carriers with 80,000-pound tags or less on all AAA state maintained highways.  Currently, state law limits axle weight to 20,000 pounds per single axle, 34,000 pounds on two axles in a tandem arrangement and 48,000 pounds on three axles. The removal of axle weight limits as embodied in HB 467 will significantly accelerate the deterioration of our highways and bridges and could endanger the safety of the public and damage our state highway system. 

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