My Old Kentucky Podcast — Episode 5

Supreme Court says Bevin Exceeded His Authority

• Shortly after taking office, Governor Bevin made the decision to make big cuts to the last budget passed while Governor Beshear was still in office. This included a 4.5% immediate cut to higher education and a proposed 9% cut to higher education for the next budget.
• A couple of notes, here: first, the legislature is responsible for making a budget. The legislature meets annually, but there are two types of “sessions”: on even years, there is a “long” session of 60 legislative days. On odd years, there is a “short” session of 30 legislative days. The state passes a two-year budget during the “long” session — so the budget which Governor Bevin amended was supposed to cover the dates between June 1 2014 and July 30, 2016.
• Andy Beshear sued in April to say that the Governor exceeded his authority in cutting the universities budget. Governor Bevin claimed that he had the authority to cut spending in budgets because the budgets were a “maximum” spending, and that there was nothing wrong with spending under the amounts.
• There was a budget to pass, though, earlier this year — and the cuts to universities were a huge impediment to the budget process. At the very end of the session (2:45 AM on April 13), there was a deal in place that made 4.5% cuts to most universities over the next 2 years and no cuts to Kentucky State, the HBCU in Frankfort.
• Even though there was a budget in place, the lawsuit about the CURRENT year cuts continued. On May 18, the Judge Thomas Wingate in Franklin Circuit Court ruled in favor of Governor Bevin’s cuts, saying that the law wasn’t clear about spending UNDER the amount budgeted. AG Beshear appealed to the KY Supreme Court
• Which brings us to last week. The Supreme Court ruled 5–2 that the Governor did not have the authority to make the cuts to the old budget. “Whatever authority he might otherwise have to require a budget unit not to spend appropriated funds does not extend to universities, which the legislature has made independent bodies politic with control over their own expenditures.” The governor has 20 days to ask the Supreme Court to reconsider. Governor Bevin has not indicated whether he will do that or not.
• This frees up $18 million in money which had been held in a separate account pending this lawsuit. That money will now be distributed to the public universities in Kentucky.
• The state appropriates about $1.17 billion to higher education each year. That $18 million was only for the very tail end of a budget. It doesn’t amount to much, relatively speaking. But this may point to how the Supreme Court views many of Governor Bevin’s attempts to increase the power of the executive.
• There are currently 4 more cases against Bevin in front of the Supreme Court, and MOKP has covered two in depth: The UofL board abolishment and Thomas Elliott and the KRS board. The other two cases include House Speaker Greg Stumbo, who is suing over some of Governor Bevin’s vetos, and a final case about boards: the worker’s comp board, specifically.
• References:
• http://www.lex18.com/story/31064876/governor-bevin-announces-budget-cuts
• http://www.courier-journal.com/story/news/politics/2016/04/11/ag-beshear-discuss-bevin-cuts-colleges/82901554/
• http://www.kentucky.com/news/politics-government/article71557537.html
• http://www.courier-journal.com/story/news/politics/2016/05/18/judge-rules-bevin-can-cut-university-budgets/84556232/#_=_
• http://www.courier-journal.com/story/news/politics/ky-governor/2016/09/22/high-court-rules-against-bevin-university-cuts-case/90747088/
• http://www.kentucky.com/news/local/education/article103394457.html
• http://mycn2.com/politics/bevin-still-weighing-options-over-supreme-court-ruling-on-university-budget-cuts

QUICK HITS/CATCH UP

• Koch brothers sending mailers for KY House http://www.courier-journal.com/story/news/politics/elections/kentucky/2016/09/21/koch-bros-mailing-state-house-ads-kentucky/90738430/
• Loretta Lynch visits Kentucky to talk heroin http://www.courier-journal.com/story/news/local/2016/09/20/heroin-crisis-brings-ag-loretta-lynch-ky/90437604/
• Rand Paul has a third guy from his campaign sentenced to prison http://www.courier-journal.com/story/news/politics/2016/09/21/third-rand-paul-operative-sentenced-prison/90779888/
• Jessica Ditto leaving for Trump campaign — http://www.kentucky.com/latest-news/article102696367.html
• Top Medicaid official says HHS unlikely to approve of KY’s Medicaid waiver http://www.kentucky.com/news/politics-government/article101838887.html