04RS HB615


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HB 615 (BR 1908) - R. Wilkey, G. Lindsay, J. Vincent

     AN ACT proposing an amendment to Sections 109, 230, and 43 of the Constitution of Kentucky relating to the government of the Commonwealth of Kentucky.
     Propose amending Section 109 of the Constitution of Kentucky to prohibit courts from ordering substitution of alternative law for any act found unconstitutional, and to prohibit courts from ordering the General Assembly to pass laws, including laws to increase taxes or appropriations; propose amending Sections 109 and 230 to clarify that public money may be spent only by act of the General Assembly; propose amending Section 43 to designate the parties to be named when challenging the constitutionality of a law; provide question for submission to the voters.


     HFA (1, J. Barrows) - Amend to include decreases in tax, fee, or appropriation in list of prohibited actions of courts; delete restriction on court's power to declare act or program unconstitutional based upon exercise of discretion to appropriate funds; amend ballot language to conform.

     Feb 26-introduced in House
     Mar 1-to Elections, Const. Amendments & Intergovernmental Affairs (H)
     Mar 2-posted in committee
     Mar 4-reported favorably, 1st reading, to Calendar
     Mar 5-2nd reading, to Rules
     Mar 10-floor amendment (1) filed
     Mar 11-recommitted to Elections, Const. Amendments & Intergovernmental Affairs (H)
     Mar 23-posting waived

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