State Senator Whitney Westerfield of Hopkinsville disagrees with Franklin Circuit Judge Phillip Shepherd’s ruling that pension reform legislation approved this year was unconstitutional and is concerned for what ramifications the decision may have in the future.
Judge Shepherd determined the process lawmakers used in substituting pension reform in a House bill that had been related to sewerage was unconstitutional. Westerfield says while the procedure isn’t popular, it certainly has precedent.
He says the same process was used multiple times during the 2018 session to pass bipartisan legislation.
If appeals to be filed by Governor Matt Bevin’s office aren’t successful, Westerfield is concerned it will allow successful challenges to decades-old legislation that was approved under the same procedure.
The appeal will likely skip the Court of Appeals and go directly to the Kentucky Supreme Court.