Just hours after budget negotiations once again fizzled Thursday, Gov. Matt Bevin announced 4.5 percent cuts to higher education - effective immediately. While university leaders have been vocal in their opposition, it could be the Attorney General who goes to bat.
Higher education cuts have been at the heart of this week's strained budget talks, with Democrats committed to overturning the proposed 9 percent yearly reductions and Republicans looking to direct those funds toward the state's ballooning pension obligations.
Bevin says going forward with the current year cuts will help put the state's "fiscal house in order," adding that he appreciates university presidents who recognize the "magnitude of this challenge."
A statement from a University of Kentucky spokesman appeared resigned to the cuts, saying the administration anticipated the $12.6 million in reductions and will work to implement them in the coming months. But House Speaker Greg Stumbo hinted at a potential legal challenge Thursday, arguing monies approved two years ago should stand unless revenue is running short.
"That is a duly enacted budget that a governor of the commonwealth - it's a law - is trying to circumvent through his power," the Prestonsburg Democrat stated. "Now, I don't think he has the authority to do it."
And the state's top law enforcement official soon agreed.
Attorney General Andy Beshear announced late Friday he's calling on the governor to meet with his staff in the next seven days and rescind the cuts or face legal action in Franklin Circuit Court. Beshear told reporters Bevin possesses the authority under state statute to adjust the timing of funds, but changes to the amount are prohibited unless a revenue shortfall is established.
"A budget passed by the General Assembly is a mandate, not a recommendation, provided there are sufficient funds. And when there are not sufficient funds, a governor cannot simply choose a specific group to cut," he argued.
Bevin's office cites state law KRS 48.620(1), which he says allows the state's chief executive to reduce appropriations to executive branch agencies. It reads: "Allotments shall be made as provided by the allotment schedule, and may be revised upon the written certification of the Governor, the Chief Justice, and the Legislative Research Commission for their respective branches of government. No revisions of the allotment schedule may provide for an allotment or allotments in excess of the amount appropriated to that budget unit in a branch budget bill, or for expenditure for any other purpose than specified in a branch budget bill."
If the matter winds up in court, it will mark the second legal challenge against Bevin by the Attorney General - the son of former Gov. Steve Beshear - in as many months. Beshear maintains the action is not political but instead dictated by a straightforward reading of state law.
Jessica Ditto, a spokesperson for Gov. Bevin, issued this response: "We are confident, with confirmation from our General Counsel and the Budget Office, that we are on firm legal grounds. Today’s threatened actions by the Attorney General are premature. We must wait and see what legislative action occurs on the budget before a final determination is made regarding budget allotments. We appreciate the university presidents who recognize our financial obligations to solve our $35 billion pension crisis."
