In reporting on an interim committee hearing of Gov. Steve Beshear's fourth executive order in as many years attempting to create the "Kynect" ObamaCare exchange in Kentucky, CN2 claimed incorrectly and without attributing their conclusion to anyone that a party line committee vote gave Beshear's action some legal status.
"The debate preceded an 11-11 party-line vote to approve this year’s version of Gov. Steve Beshear’s executive order establishing kynect," reporter Kevin Wheatley wrote. "The tie vote allows the order to remain in effect."
In fact, the vote has no impact on the status of the order, which will certainly fail in the 2016 General Assembly just as the three prior orders have. According to KRS 12.028(4), an interim committee "shall review and report" on a temporary reorganization executive order but its power ends there. Indeed, the statute specifies "(i)f the committee does not report on a proposed plan within the time specified in this subsection, the plan shall be considered reviewed." That means Beshear's executive order would hold the exact same position in state law if no vote had been held at all.
The vote that matters comes before April 15 of next year, if at all. CN2 owes its readers and/or viewers an apology for its sloppy reporting. The legal effort bring a decisive halt to the illegitimate Beshear effort to usurp legislative authority in this way continues.
