STATEMENT RELEASE HOWELL RESPONDS TO BESHEAR’S SENATE BILL 126 VETO

STATEMENT RELEASE HOWELL RESPONDS TO BESHEAR’S SENATE BILL 126 VETO

FRANKFORT, KY (March 24, 2023) — The following is a statement from Senator Jason Howell, R-Murray, upon Governor Andy Beshear’s veto of Senate Bill 126, a measure that would mitigate the practice of forum shopping in constitutional challenges:

“The Governor is wrong in calling Senate Bill 126 an ‘unconstitutional power grab.’ Kentucky courts hold that venue is ‘purely a legislative matter.’ The Franklin Circuit Court should not hold a monopoly on hearing challenges to the constitutionality of important legislative enactments.

“The Governor is again wrong in insisting the bill will ‘force Kentuckians to challenge the constitutionality of government actions in places where they do not live.’ The reality is that after the 2021 session, plaintiffs who justly challenged the constitutionality of executive actions could finally redress their grievances in their home counties and courts. Before 2021’s House Bill 3, residents from 119 counties had to traipse to Franklin County to challenge to seek redress from the courts in certain cases. The Governor never came to the defense of those Kentuckians.

“The procedure outlined in Senate Bill 126 is simple, and automated processes in place should not cause the costs or delays the Governor imagines.”

—

Senate Bill 126 is a revision to 2021's House Bill 3, which relates to the venue for constitutional challenges to state law, regulations, executive orders and certain cabinets and departments. The bill would allow a plaintiff or defendant to have one change of venue in constitutional challenges. A case transfer notice is automatic and is accomplished by the Supreme Court of Kentucky clerk through random selection of a different judicial circuit and order to the original jurisdiction to transfer the action.

Click here to access Senate Bill 126 and learn more about Senator Jason Howell.

### 

Senator Jason Howell, R-Murray, represents the 1st Senate District including Calloway, Crittenden, Fulton, Graves, Hickman, Lyon, and Trigg Counties. He is the Senate Agriculture Committee chair. He will serve as a Banking and Insurance; Economic Development, Tourism and Labor; and Licensing and Occupations committee member. Howell will also serve as a Capital Projects and Bond Oversight Committee and Legislative Oversight and Investigations committee member.

For a high-resolution .jpeg of Howell, please visit: https://legislature.ky.gov/Legislators%20Full%20Res%20Images/senate101.jpg.