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September 23, 2015

Lawmakers Vote to Name David A. Byerman as Legislative Research Commission Director

FRANKFORT -- Legislative leaders voted today to hire David A. Byerman on a two-year contract as the next Director of the Legislative Research Commission.

The move was expected. Legislative leaders signaled earlier this month that Byerman was their choice for the job, pending the formal ratification of contract terms today by the full 16-member Legislative Research Commission (LRC).

"I am grateful to Kentucky’s legislative leaders for entrusting me with this important role,” Byerman said. “I look forward to working with LRC's 390 talented and dedicated employees to provide outstanding services for legislators and the public."

Byerman, 44, is an award-winning legislative administrator with experience in leading governmental organizations at the state and federal levels. He served two terms as Nevada’s Secretary of the Senate, the chamber’s chief executive officer and parliamentarian.

Byerman is expected to start as LRC Director on October 1. As Director, he will be responsible for the performance of nonpartisan staff employed by the General Assembly and for delivering high quality, professional services to legislators and the legislature.

The Kentucky General Assembly’s top leaders reviewed over thirty applications and interviewed several individuals before making Byerman their ultimate choice.

Senate President Robert Stivers said Byerman’s background helped him stand apart from other applicants.

“We felt that Mr. Byerman’s qualifications, along with the way he conducted himself in his interview, made him the best fit for the position, especially understanding the internal problems that we’ve had,” President Stivers said. “I think Mr. Byerman has a very good grasp of the process and what is needed based on his prior experience, and will not have any type of preconceived notions or affiliations coming here from out of state.”

House Speaker Greg Stumbo said Byerman’s talents and experience make him a good fit to serve as LRC Director.

“We had many very qualified applicants, so it wasn’t an easy process to go through. But I think, in the final analysis, that we’ve made a good choice,” Speaker Stumbo said. “David Byerman brings a wealth of legislative experience with him. He is an accomplished parliamentarian and has been recognized by national organizations. I look forward to his coming on board and I think our staff will be impressed with him.”

Byerman’s career path has given him experience in external affairs, communications, government relations, non-profit leadership and organizational management.

He was credited with bringing innovative practices to the Nevada Senate while he served as the chamber’s chief executive from 2010 to 2015. As Secretary of the Senate, Byerman was responsible for overseeing 90 session employees and managing a $21.5 million biennial budget.

Prior to serving as Nevada’s Secretary of the Senate, Byerman was the U.S. Census Bureau’s Chief Government Liaison for Nevada. He served twice in that role, from 1999 – 2000 and from 2008 – 2010.

Byerman has also served as Director of Communications for MGM Mirage, a Fortune 500 company; President of Byerman Solutions Group; Chief of Program Development for the Nevada Department of Transportation; Executive Assistant to Nevada Gov. Bob Miller; and Executive Director for Greater Philadelphia Clean Cities, Inc.

The winner of numerous public service awards, Byerman received the Kevin B. Harrington Award for Excellence in Democracy Education awarded by the National Conference of State Legislatures in 2014. He also received the Liberty Bell Award from the Clark County Law Foundation last year and the Jean Ford Award for Participatory Democracy from the Nevada Secretary of State in 2013.

Byerman earned his bachelor’s degree, magna cum laude, from the University of Redlands in California with a double major in political science and history. He earned a Master of Governmental Administration degree from the Fels Center of Government at the University of Pennsylvania.

The annual salary range advertised to candidates for the LRC Director position was between $120,000 and $140,000. Under terms of the two-year contract approved today, Byerman will receive an annual salary of $135,000 and he will be eligible for a 5% increase after six months of continuous employment in good standing.

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September 17, 2015

State’s aerospace industry is soaring high

FRANKFORT -- Though better known for horses, bourbon and car manufacturing, Kentucky should also be known as an aerospace leader, lawmakers were told during the Sept. 17 meeting of the Economic Development and Tourism Committee.

The aerospace industry surprised many when it was listed as the state’s top exporter in a report issued last year by the Cabinet for Economic Development.

It really sort of happened on accident,” said Ben Malphrus, director of the Kentucky Space Science Center at Morehead State University. “The report came out from the Cabinet for Economic Development in 2014 and we were all sitting around looking at each other saying, ‘Who the heck are these companies and where does the industry exist?’”

Turns out, aerospace success stories are all around: Five Kentucky-made satellites have been sent into space and two are still circling overhead; sophisticated turbine airfoils for aircraft engines are built in Madisonville; $6 billion worth of aircraft materials and parts move through a distribution center in Erlanger; drones have been used by emergency responders and radio tower inspectors; Morehead State University is producing graduates from its space program and Eastern Kentucky University is graduating a generation professionals with aviation degrees; researchers in Lexington are studying the possibility of medical solutions in low-gravity space that aren’t possible on earth. Even aluminum plants can be seen in a different light once you realize some exist solely to provide materials for aerospace products.

Despite the lack of a coordinated effort to make Kentucky an aerospace leader, the state currently ranks as the nation’s third biggest aerospace producer, said Mike Young, acting director of the Kentucky Aerospace Council.

”It’s unimaginable where we’d be if what was going on that took us to third place had been coordinated,” Young said.

The aerospace industry in Kentucky was “just a blip” from 1996 to 2003, with about $500 million in exports, said Robert Riggs, who serves on the Kentucky Aviation Association’s board of directors. “Then it just skyrocketed,” climbing to $7.8 billion in 2014. Kentucky’s aerospace exports are on track to near $9 billion this year, he said.

The Aerospace industry in Kentucky is now larger than the state’s Corvette, Toyota and Ford manufacturers combined. “Not only are we well positioned, we are growing rapidly,” Young said.

“It’s a great example of things we make here in the U.S. that we can sell all over the world,” said Clif Morehead, government relations manager for GE Aviation. “There are lots of opportunities in the engineering sector, in the technician sector and certainly additive manufacturing. As aircraft engines get more sophisticated and lighter weight and more fuel efficient, there are greater opportunities.”

“We have the thriving industry. We have the workforce pipeline. But we really haven’t stitched it all together,” Malphrus said. “It’s not a coordinated effort like it needs to be, but the elements are there.”

The coordinated effort aerospace leaders want is in the works. State lawmakers passed a joint resolution this year calling for state agencies to work together on a major study of the economic impact of the aerospace/aviation industry in Kentucky, opportunities for future growth and possible ways that government agencies and educators can support the industry’s needs.

Malphrus described it as “a landmark study for the aerospace industry.”

While there’s much to look forward to, one particularly bright spot ahead is a $12 million project at Morehead State University that will create a space probe called the Lunar IceCube to search for ice on the moon. It will be launched in 2018 on the maiden voyage of NASA’s Space Launch System.

“We’ll be on the first voyage of the largest rocket ever built in the history of the world,” Malphrus said.

At the end of Lunar IceCube’s mission, it will be disposed of with a crash landing on the moon. “So students literally will have their fingerprints on the moon before the end of the mission,” Malphrus said.

The benefits of space technology aren’t limited to space explorers; they are already ingrained in the daily life of Americans, Malphrus said.

“When you go to the gas station and put your credit card in the gas pumps, part of that transaction is taking place up in space, beaming data to a satellite,” Malphrus said. “For data transfer, for financial transactions, for homeland defense, for national security, for navigation, for the Internet, for long distance or for remote sensing, it’s incredible what all we use space for.”

Lawmakers should seize the opportunity to support an ascendant aerospace industry, said Lee Todd, a former University of Kentucky president who currently works for a Louisville software company.

“This is a tipping point,” Todd said. “It is a major opportunity to start thinking about a progressive vision for an economy in Kentucky to use the talent we know our children have and that they can develop. We need to invest in specific economic development initiatives focused on aerospace and advanced manufacturing.”

Young put it in terms worthy of a space explorer’s sense of adventure. “I see aerospace not only as our future, but our destiny.”

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September 11, 2015

Proposal would halt ‘sweeping’ of some excess funds

NEWPORT – Calling it a bad budgetary practice, a state lawmaker told a legislative panel on Sept. 11 that a bill he has prefiled would discourage the use of professional licensing fees to balance the state’s general fund.

“I think what I am going to present … is the beginning of a small fix to a very large problem,” said Montell, R-Shelbyville. “It’s something that has been going on for a number of years in state government, but especially dating back to say 2000 and forward. The issue is sweeping money from restricted funds to the general fund.”

Montell testified about the prefilled bill, known as BR 72, before the Interim Joint Committee on Licensing and Occupations. He told committee members that Kentucky “swept” $214 million last fiscal year and an additional $70 million this fiscal year.

During the past eight years $10.8 million was taken just from the Department of Housing, Buildings and Construction. Montell said. Of that amount, 62 percent came out of the department’s divisions of electrical; heating, ventilation and air conditioning (HVAC); and plumbing. Montell said this caused licensing fees for those professionals to go up because those divisions depend on those fees to pay for things like inspectors.

BR 72 would only apply to the divisions of electrical, HVAC and plumbing. Those divisions could keep up to 20 percent of excess funds in restricted accounts. That is money generated from licensing fees. Montell said anything greater than 20 percent could still be used to balance the state’s general fund.

BR 72 also would require licensing fees for electricians, HVAC contractors and plumbers to be reduced if excess funds are carried over on a yearly basis.

Tim House, executive director of Kentucky Association of Master Contractors, testified in support of BR 72.

“We have come to you with a problem just as we would hope you would come to a plumber with a plumbing problem, an electrician with an electrical problem and a HVAC contractor with a HVAC problem,” House said. “Our problem is sweeping or transferring, whatever you want to call it, of restricted funds.”

Committee member Rep. Tom Burch, D-Louisville, said the practice was a symptom of a larger problem – a broken tax system. He said more tax revenue will have to be generated in order the stop the practice.

Montell said the question is whether lawmakers want to continue the “problematic” practice or approach balancing the state’s budget in a difference fashion.

Rep. Dennis Keene, D-Wilder, who chaired the meeting, said he agreed to hear testimony on BR 72 after similar legislation introduced last session generated a lot of questions from his fellow lawmakers on the committee.

“We pride ourselves on airing things like this out when we have time to debate them so when it comes time for the session the committee is fully informed,” Keene said.

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September 10, 2015

David A. Byerman to be hired as new director of the LRC

Earned awards and praise as Nevada Senate’s chief executive

FRANKFORT – Leaders of the Kentucky General Assembly reached an agreement Thursday in plans to hire David A. Byerman as the next director of the Legislative Research Commission (LRC) pending ratification of the full committee.

Byerman is an award-winning legislative administrator with experience in leading governmental organizations at the state and federal levels. He served two terms as Nevada’s Secretary of the Senate, the chamber’s chief executive officer and parliamentarian.

The Kentucky General Assembly’s top leaders reviewed in excess of 30 applications and interviewed several individuals before making Byerman their ultimate choice. Commission members and lawmakers authorized the LRC co-chairs – Senate President Robert Stivers and House Speaker Greg Stumbo – to negotiate terms of employment with Byerman, who would be expected to take the helm of the LRC in October.

The LRC director is responsible for overseeing the performance of nonpartisan staff employed by the General Assembly and for delivering high quality, professional services to legislators and the legislature.

Byerman’s career path has given him experience in external affairs, communications, government relations, non-profit leadership and organizational management.

Prior to serving as Nevada’s Secretary of the Senate, Byerman was the U.S. Census Bureau’s chief government liaison for Nevada. He served twice in that role, from 1999 – 2000 and from 2008 – 2010.

Byerman has also served as director of communications for MGM Mirage, a Fortune 500 company, president of Byerman Solutions Group, chief of program development for the Nevada Department of Transportation, executive assistant to Nevada Gov. Bob Miller and executive director for Philadelphia Clean Cities, Inc.

Byerman earned his bachelor’s degree, magna cum laude, from the University of the Redlands in California with a double major in political science and history. He earned a master’s in governmental administration from the Fels Center of Government at the University of Pennsylvania.

The annual salary range advertised to candidates was between $120,000 and $140,000; and it has been negotiated that Byerman will earn an annual salary of $135,000.

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September 1, 2015

Lawmakers tour new Ohio River bridge construction sites

LOUISVILLE – A legislative panel received a status report Tuesday on a $2.3 billion roads project that included digging a tunnel and erecting two interstate bridges – the first spans constructed over the Ohio River in that region of the state for the last half century.

When Rep. Steve Riggs, D-Louisville, asked a state highway engineer the biggest surprise in managing the project – one of the biggest public works projects currently under construction in Northern America – the engineer didn’t hesitate with an answer.

“My biggest surprise, having some history in construction, is how smoothly everything is going,” said Andy Barber, who is managing the bridge project for the Kentucky Transpiration Cabinet. “What could have gone wrong, has not gone wrong.”

The lawmakers heard Barber’s testimony during a meeting of the Interim Joint Committee on Transpiration held at the Muhammad Ali Center, which overlooks the Ohio River and the new downtown Louisville bridge. Lawmakers toured the bridge construction sites after the meeting.

Riggs reminisced that his father relocated to Louisville more than 50 years ago to work on the last bridges constructed over the Ohio River in Louisville.

“I wouldn’t be here if it wasn’t for that,” he said.

When Barber said the bridges were first conceived 46 years ago to relieve traffic, Sen. Joe Bowen, R-Owensboro, asked if it would take that long for the Interstate 69 bridge project in Western Kentucky to come to fruition.

Kentucky Transportation Cabinet Secretary Mike Hancock said it will depend on the funding.

Under what has been touted as a model for the nation, Indiana is overseeing the construction of the so-called East End bridge between Utica, Ind., and Prospect. That bridge will link Lee Hamilton Expressway in Indiana and the Gene Snyder Freeway in Kentucky, completing a loop around the east end of the metropolitan area. Indiana is using a private sector team for financing, construction and long-term maintenance of the bridge.

Kentucky is overseeing the financing and construction of the downtown portion – a new Interstate 65 bridge, a reconfigured Kennedy Bridge and modernization of the downtown interchanges on both sides of the river. The Commonwealth will use money collected from tolls to help pay for the project.

Sen. Brandon Smith, R-Hazard, asked how the tolls would be collected.

“We are using all electronic tolling which means there won’t be toll booths,” Hancock said. “There will be no cash stations. We will take a picture of your license plate, cross reference that with some of our databases and send you a bill. No one will have to stop.”

Rep. Arnold Simpson, D-Covington, asked what would happened if toll revenue projections don’t materialize.

“We can’t imagine that won’t materialize,” Hancock said.

Hancock and Barber emphasized the economic impact the project is having on the region.

Over the next 30 years, the project is expected to infuse $87 billion in the economy, create 15,000 area jobs, add $29.5 billion in personal income and $7 billion in tax revenues, according to figures presented to the committee.

“We are not the only cranes in the sky,” Barber said in reference to the cranes towering over the new downtown Louisville bridge and other construction projects. “We are really seeing a lot of development despite the temporary inconvenience of the road construction. It is very exciting.”

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June 30, 2015

LRC launches search for permanent director

FRANKFORT – The Kentucky Legislative Research Commission has begun its search for a permanent director to take the helm of the 67-year-old institution.

The person will serve as the chief executive officer for the Kentucky General Assembly and report to the Legislative Research Commission, known as the LRC. The director is responsible for the performance of the nonpartisan staff employed by the General Assembly and for their delivery of high quality, professional services to legislators and to the legislature.

Applicants are expected to have a minimum of a graduate degree in public administration, law, political science or related field and eight years practical experience in governmental administration. The candidate should have demonstrated exemplary moral and ethical leadership while holding a significant leadership position in business, government, military service, or a nonprofit organization or charity. The candidate must be willing to avoid personal involvement or activity of a partisan political nature.

The candidate should be available to fill the position on Oct. 1, three months before the 2016 General Assembly begins.

The salaried position pays from $120,000 to $140,000 per year and includes state benefits.

The job opening has been posted on the LRC website and will be advertised in The Courier-Journal in Louisville, The Lexington Herald-Leader and The Cincinnati Enquirer. It will also be shared with the National Conference of State Legislatures and Council of State Governments.

Current Acting LRC Director Marcia Seiler announced today her plan to retire at the end of July and said she will not seek the permanent director’s job.

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June 16, 2015

New state laws go into effect June 24

FRANKFORT – Most new laws approved during the Kentucky General Assembly's 2015 regular session go into effect next week.

The state constitution specifies that new laws take effect 90 days after the adjournment of the legislature. The General Assembly’s 2015 session adjourned on March 25, making June 24 the day for new laws to take effect.

There are some exceptions. Bills that contained an emergency clause, such as this year’s measure to fight heroin abuse, went into effect immediately upon being signed by the governor. A handful of bills also specified their own effective dates, such as a measure that goes into effect early next year to offer some civil protections to victims of dating violence.

But most new laws – 98 of the 117 passed this year – will go into effect on June 24. Laws that take effect then include measures on:

Beer distribution. House Bill 168 states that beer brewing companies can’t own beer distributorships. The measure is meant to affirm that beer is not exempt from the state’s three-tier system of regulating – and keeping separate – alcoholic beverage producers, distributors and retailers.

Charitable gaming. Senate Bill 33 will allow electronic versions of pull-tab Bingo tickets at charitable Bingo halls.

Child abuse. SB 102 will allow a death caused by intentional abuse to be considered first-degree manslaughter.

Child booster seats. HB 315 will require booster seats to be used in motor vehicles by children who are less than eight years old and are between 40 and 57 inches in height.

Crowdfunding. HB 76 will help Kentucky entrepreneurs to gain investors through crowdfunding. The bill will allow people to invest up to $10,000 through a crowdfunding platform while helping businesses raise up to $2 million.

Drug abuse. HB 24 will prevent youth from misusing certain cough medicines to get high -- sometimes called “robotripping” – by restricting access to medicines that contain dextromethorphan. The bill will prevent sales of dextromethorphan-based products, such as Robitussin-DM or Nyquil, to minors.

Drunk driving. SB 133 will expand the use of ignition interlocks for people caught driving under the influence of alcohol. An ignition interlock is a device about the size of a mobile phone that is wired into the ignition system of a vehicle. A person convicted of driving under the influence must blow into the device in order to start their vehicle. If they have a measurable amount of alcohol in their system, the vehicle will not start.

Early childhood development. HB 234 will require early child care and education programs to follow a state quality-based rating system.

Emergency responders. SB 161 will authorize the governor to order that U.S. flags be lowered to half-staff on state buildings if a Kentucky emergency responder dies in the line of duty.

End-of-life care. SB 77 will allow Kentuckians to use a health care directive known as a “medical order for scope of treatment.” These orders spell out patients’ wishes for end-of-life care. Unlike advance directives, the orders are considered to be physician’s orders and are signed by both the patient or patient’s legal surrogate, and the patient’s physician.

Hunters. SB 55 will ensure that game meat can be donated to not-for-profit organizations to feed hungry people as long as the meat was properly field dressed and processed and is considered disease-free and unspoiled.

Kentucky Employees Retirement System. HB 62 will make sure the agencies that want to leave the Kentucky Employees Retirement System pay their part of the system’s unfunded liability.

Newborn health screening. SB 75 will require newborn health screenings to include checks for Krabbe Disease, an inherited disorder that affects the nervous system.

Retirement systems. HB 47 will add the Legislators' Retirement Plan, the Judicial Retirement Plan, and the Kentucky Teachers' Retirement System to the Public Pension Oversight Board's review responsibilities.

Spina bifida. SB 159 will require health care providers to give information about spina bifida and treatment options to parents whose unborn children have been diagnosed with the disorder.

Stroke care. SB 10 will improve care for stroke victims by requiring the state to make sure local emergency services have access to a list of all acute stroke-ready hospitals, comprehensive stroke centers, and primary stroke centers in Kentucky. Emergency medical services directors would be required to create protocols for assessment and treatment of stroke victims.

Tax check-offs. SB 82 will place check-off boxes on tax forms to give people getting state income tax refund the option of donating a portion of their refund to support child cancer research, the Special Olympics or rape crisis centers.

Telephone deregulation. HB 152 is aimed at modernizing telecommunications and allowing more investment in modern technologies by ending phone companies’ obligations to provide landline phone services to customers in urban and suburban areas if they provide service through another technology, such as a wireless or Internet-based phone service. While rural customers can keep landline phones they already have, newly constructed homes in rural areas won’t be guaranteed landline services.

--END--

March 27, 2015

This Week at the State Capitol

Anti-heroin bill among measures approved in session’s final hours

FRANKFORT – The most talked-about issue of the opening days of the General Assembly’s 2015 session was also a main focus of the late-night closing hours of the session as lawmakers struck a bipartisan agreement on a comprehensive bill to battle the state’s heroin epidemic.

Heroin is devastating Kentucky families in a number of ways, and the legislation lawmakers approved strikes back against the deadly drug on a number of fronts. The multi-prong approach includes stronger penalties for dealers and traffickers and better treatment options for addicts seeking help.

Lawmakers approved the legislation, Senate Bill 192, just hours before adjourning the 2015 session in the early morning of March 25. The bill was signed into law later that morning by Gov. Steve Beshear. Since the bill contained an emergency clause, it took effect as state law as soon as the governor signed it.

Under the new law, importing heroin into Kentucky with intent to distribute or sell is a crime punishable by up to 10 years in prison.

Those convicted of selling between 2 grams and 100 grams of heroin will not be eligible for parole before serving at least half of their five to ten years sentences. Those caught selling even more would face sentences of up to 20 years.

The new law also recognizes the health crisis that heroin poses and provides new funds to make treatment more widely available to those seeking help. The state’s addiction treatment system will receive an immediate $10 million boost followed by $24 million annually.

Another newly established tool in the fight against the health problems associated with heroin will permit clean needle exchanges at health departments, if a local jurisdiction approves. Supporters say the needle exchange programs show success in curbing the spread of Hepatitis C and HIV infection from shared needles. The programs also bring addicts into health departments where they’ll be closer to the state’s network of care and more likely to seek help for their addictions.

SB 192 will increase the availability of naloxone, a drug that can reverse the effects of a heroin overdose if promptly administered. The bill also encourages people to call for help when overdose victims need it by including a “Good Samaritan” provision. That will shield people from prosecution when they seek help for someone who overdoses.

Other bills approved this week and sent to the governor to be signed into law include measures on:

Child booster seats. House Bill 315 will require booster seats to be used in motor vehicles by children who are less than eight years old and are between 40 and 57 inches in height

Dating violence. HB 8 will expand civil protective orders to cover dating violence victims, as well as victims of sexual abuse and stalking.

Gas tax. HB 299 will protect the revenue stream for road projects by preventing the state gasoline tax – which rises and falls with the price of gas – from dropping below 26 cents per gallon when fuel prices are low.

Tax check-offs. SB 82 will place check-off boxes on tax forms to give people getting state income tax refund the option of donating a portion to funds that support child cancer research, the Special Olympics or rape crisis centers.

Now that the 2015 legislative session is complete, lawmakers are interested in getting feedback on the issues they acted on this year, as well as the matters that still need to be addressed in future legislative sessions. To leave a message for any legislator, call the General Assembly’s Message Line at 1-800-372-7181. People with hearing difficulties may leave messages for lawmakers by calling the TTY Message Line at 1-800-896-0305.

Top

March 25, 2015

General Assembly's 2015 session ends

FRANKFORT -- The Kentucky General Assembly’s 2015 session came to a close tonight after Senate and House members reached an agreement on comprehensive anti-heroin legislation and a measure to expand protective orders to include dating violence victims

Lawmakers also gave late-night approval to a bill that will safeguard the revenue stream for the state’s road projects by limiting how far gas taxes can drop when fuel prices fall.

Bills approved by lawmakers and signed by the governor will go into effect as state law in 90 days from today’s adjournment, except for those that specify a different effective date or include an emergency clause that makes them effective as soon as they are signed into law.

Legislation approved by the 2015 General Assembly includes measures on the following topics:

Beer distributors. House Bill 168 will prevent beer distributorships from being owned by beer brewing companies. The bill is meant to affirm that beer is not exempt from the state’s three-tier system of regulating – and keeping separate – alcoholic beverage producers, distributors and retailers.

Breeders’ Cup. HB 134 will reinstate a tax break for the Breeders’ Cup at Keeneland in Lexington this year. The legislation will waive the state’s excise tax on live pari-mutuel wagering for the event. The waiver of the pari-mutuel excise tax was reportedly worth about $750,000 the last time the event was at Churchill Downs in Louisville.

Charitable gaming. Senate Bill 33 would allow electronic versions of pull-tab Bingo tickets at charitable Bingo halls.

Child abuse. SB 102 will allow a death caused by intentional abuse to be considered first-degree manslaughter.

Child booster seats. House Bill 315 will require booster seats to be used in motor vehicles by children who are less than eight years old and are between 40 and 57 inches in height.

Dating violence. HB 8 will expand civil protective orders to cover dating violence victims, as well as victims of sexual abuse and stalking.

Early childhood development. HB 234 will require early child care and education programs to follow a state quality-based rating system.

Emergency responders. SB 161 will authorize the governor to order that U.S. flags be lowered to half-staff on state buildings if a Kentucky emergency responder dies in the line of duty.

Gas tax. HB 299 will prevent the state gasoline tax – which rises and falls with the price of gas – from dropping below 26 cents per gallon when fuel prices are low.

Gambling. SB 28 will make it clear in the law that it’s illegal for so-called Internet cafes to sell Internet access to play computer-based, casino-style games, or sweepstakes, in which customers can win cash prizes.

Heroin. SB 192 will increase prison sentences for heroin traffickers and expand addiction treatment programs. The measure will also allow local-option needle exchange programs, establish a “Good Samaritan” provision to shield from criminal charges those who call for help for an overdose victim, and expand the availability of Naloxone, which can reverse the effects of heroin overdoses.

Kentucky Employees Retirement System. HB 62 will make sure the agencies that want to leave the Kentucky Employee Retirement System pay their part of the system’s unfunded liability.

Medical research center. HB 298 will make possible the construction of a state-of-the-art medical research center to target prevalent diseases in Kentucky, including cancer, diabetes and cardiovascular disease. The legislation authorizes the issuance of $132.5 million in bonds to help build the research center at the University of Kentucky. The university will raise an equal amount for the $265 million research building.

Newborn health screening. SB 75 will require newborn health screenings to include checks for Krabbe Disease, an inherited disorder that affects the nervous system.

Schools. SB 119 will give schools flexibility to deal with the unusually high number of “snow days” caused by a harsh winter. The bill would give school districts until June 5 to complete all 1,062 school instructional hours required by the state. Any remaining hours that cannot be made up could be waived by the state. School days would not be allowed to exceed seven hours or be held on Saturdays. SB 119 also contains provisions that would require school administrators, teachers, office state, teaching assistants, coaches and other employed by a school district to receive training on ways to recognize and prevent on child abuse.

Sexual assault. Senate Joint Resolution 20 would direct the Auditor of Public Accounts to study the number of sexual assault examination kits in the possession of Kentucky police and prosecutors that have not been sent to the state’s forensic lab for testing. The resolution is aimed at helping state officials know the scope of a backlog that needs attention.

Spina bifida. SB 159 would require health care providers to give information about spina bifida and treatment options to parents whose unborn children have been diagnosed with the disorder.

Stroke care. SB 10 would improve care for stroke victims by requiring the state to make sure local emergency services have access to a list of all acute stroke-ready hospitals, comprehensive stroke centers, and primary stroke centers in Kentucky. Emergency medical services directors would be required to create protocols for assessment and treatment of stroke victims.

Telephone deregulation. HB 152 is aimed at modernizing telecommunications and allowing more investment in modern technologies by ending phone companies’ obligations to provide landline phone services to customers in urban and suburban areas if they provide service through another technology, such as mobile or an Internet-based phone service. While rural customers can keep landline phones they already have, newly constructed homes in rural areas won’t be guaranteed landline services.

Veterans. HB 209 would create “Gold Star Sibling” specialty license plates for Kentuckians with siblings who died while serving in the U.S. armed forces. The plates would be based on the Gold Star plates already available to the parents and spouses of those who died while serving in the armed forces.

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March 25, 2015

Road fund bill receives final passage, goes to governor

FRANKFORT—A bill designed to potentially save the state hundreds of millions of dollars in road funds received final passage in the state House tonight.

House Bill 299, sponsored by House Appropriations and Revenue Chairman Rick Rand, would set a 26-cent “floor,” or minimum, for the state gas tax. The gas tax rate is currently 27.5 cents a gallon, but is expected to fall on April 1 without the new floor due to changes in the average wholesale price of gasoline.

HB 299 received final passage in the House by a vote of 67-29. It passed the Senate earlier in the evening on a 29-9 vote. The bill now goes to the governor to be signed into law.

The 26-cent base rate will take effect immediately upon being signed into law by the governor.

The bill was called the “Road Fund stabilization plan” by Rand. “As we all know, our fuel tax has been in free fall, and this will help us stabilize that by setting a new floor,” he said.

The legislation will allow for an annual—rather than the current quarterly—fuel tax adjustment and will allow the gas tax to rise or fall up to 10 percent per year.

Among those opposing the bill in the House was Rep. Adam Koenig, R-Erlanger, who described the bill as a temporary fix for funding Kentucky’s roads. He said that he will likely file legislation to require a look at new road funding mechanisms for the state.

“It’s my opinion that we need to fund our roads not based upon how much gas you buy but on how many miles you drive,” said Koenig.

Majority Floor Leader Sen. Damon Thayer, R-Georgetown, was one of nine senators who voted against the bill.

“I voted on this gas tax floor twice before and both times I was told you will never have to vote on this again. When the price goes up, yes, the tax will go up. But when the price goes down, the tax will go down too. That is how it was sold.”

Jared Carpenter, R-Berea, voted for the bill.

“We are coming through one of the worst winters in recent history,” he said. “If we don’t provide the money to make sure we can get our roads fixed and taken care of, that’s when you are really going to hear from your constituents,” he said.

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March 25, 2015

Dating violence bill receives final passage

FRANKFORT – Legislation is heading to the governor that would allow Kentuckians in dating relationships to go to court and get immediate civil protection against an abusive boyfriend or girlfriend.

House Bill 8, sponsored by House Judiciary Committee Chairman John Tilley, D-Hopkinsville, and Rep. Joni Jenkins, D-Shively, would allow dating violence victims—whether they are victims of domestic violence, dating violence, sexual assault, or stalking—to get a civil protective order as of Jan. 1, 2016. An order could be erased from someone’s record if it is ever dismissed by the court.

Provisions relating to domestic violence would be distinguished from dating violence, stalking, and sexual assault in the bill under Senate language agreed to by the House.

Currently, victims of dating violence in Kentucky must file criminal charges against their partner in the hope of preventing ongoing abuse. Only victims who are married to, have a child with, or live with their abuser can seek civil protection from domestic violence or abuse, physical violence, or stalking as specified under Kentucky law.

Tilley said in House debate on HB 8 earlier this session that Kentuckians under age 20 are “four times” more like to be abused by a partner than others. “The purpose of this bill,” he said, “is to protect lives.”

Sen. Whitney Westerfield, R-Hopkinsville, commended the passage of the legislation, which he has worked on in various forms since 2013.

“It’s been a slow march, but it’s been worth every single step,” Westerfield said. “And it’s better late than never at all.”

National survey data from the Centers for Disease Control found that 638,000 Kentucky women had been raped, stalked, or suffered some form of physical attack by a romantic partner in the Commonwealth as of 2010. The survey data also revealed that Kentucky led the nation in forms of sexual violence or abuse as of that year.

House Bill 8 received final passage by a vote of 100-0 in the House. The bill had passed the Senate by a vote of 37-1 earlier in the evening.

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March 25, 2015

Ignition interlock legislation heading to Governor

FRANKFORT – The state General Assembly passed a bill late last night that would expand the use of ignition interlocks for people caught driving under the influence of alcohol.

The legislation, known as Senate Bill 133, would reduce the number of habitual drunken drivers, said Sen. Morgan McGarvey, D-Louisville. SB 133 would supplement hardship licenses – special licenses allowing people with suspended licenses to drive to work, school and doctor’s appointments – with ignition interlocks.

An ignition interlock is a device about the size of a mobile phone that is wired into the ignition system of a vehicle. A person convicted driving under the influence must blow into the device in order to start their vehicle. If they have a measurable amount of alcohol in their system, the vehicle will not start.

Supporters of the bill said that the 24 other states with a similar law have seen a 30 percent decrease in fatalities due to drunk driving.

Unlike previous versions of the bill, McGarvey said it doesn’t require first-time DUI offenders to purchase an ignition interlock unless they were found guilty of aggravating circumstances, like having a child in the car, going more than 30 mph over the speed limit.

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March 24, 2015

Anti-heroin bill passes General Assembly with bipartisan support

FRANKFORT – State lawmakers reached a compromise today on anti-heroin legislation that supporters said balanced the need for tough penalties for traffickers with treatment options for addicts.

“The people of Kentucky fighting for public safety and people fighting … addiction have been crying for help,” said Sen. Whitney Westerfield, R-Hopkinsville. “This is the help they need.”

The legislation, known as Senate Bill 192, passed the state Senate by a 34-4 vote. Earlier in the day, the state House had passed SB 192 by a 100-0 vote. The governor has said he will sign legislation tomorrow. Because it contains an emergency clause, it will take effect immediately upon being signed.

Rep. John Tilley, D-Hopkinsville, called SB 192 a “comprehensive piece of legislation that will save lives.”

He said the bill allows heroin users to exchange dirty needles for clean ones at the state’s regional health departments – but only if a local jurisdiction approves. Tilley said SB 192 also contains the so-called “Good Samaritan provision.” It shields heroin addicts, if they provide their name and address, from being prosecuted if they report an overdose.

“It eliminates barriers to treatment, and it does so much more,” Tilley said.

SB 192 will immediately infuse Kentucky’s addiction treatment system with $10 million followed by $24 million annually from money saved from prior judicial reforms designed to reduce prison costs by providing lawbreakers with drug treatment, among other things.

It further provides for administration of naloxone, a medication used to counter the effects of an overdose, by first responders. There is also money for Vivitrol, a drug to help narcotic dependents who have stopped taking narcotics to stay drug free.

The tougher penalties in SB 192 are reserved for the “worst traffickers,” Tilley said.

Sen. Whitney Westerfield, R-Hopkinsville, said the legislation creates a new crime, punishable by up to 10 years in prison, of importing heroin into Kentucky with the intent to distribute or sell it.

He said SB 192 targets “dealers of death,” or people who distribute heroin.

Paul Hornback, R-Shelbyville, voted against SB 192. He said provisions, such as needle exchanges, just enable addicts.

“We have always had drugs around,” Hornback said. “We are going to continue to have drugs around. We are not going to eliminate heroin.

“A lot of my constituents are tired of paying for people’s bad decisions. That is what this does.”

Minority Floor Leader Sen. Ray S. Jones II, D-Pikeville, defended SB 192.

“We look down our nose and want to criminalize everything,” he said. “Let me tell you something, if this needle exchange prevents one person from getting HIV or Hepatitis C, it is a well done effort. If it saves one life it is something we should be proud of.”

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March 13, 2015

This Week at the State Capitol

Flurry of bills pass Senate and House as 2015 session nears end

FRANKFORT – The three days that the Kentucky General Assembly was in session this week started on Monday with news that the first new law of 2015 had taken effect and ended Wednesday night with a flurry of bills passing both chambers before the Senate and House adjourned shortly before midnight.

Lawmakers are now in a nine-day recess and will return to the Capitol for the final two days of the 2015 session on March 23 and 24.

One of the first bills of the current session that lawmakers sent to Gov. Steve Beshear gained his signature on Monday, becoming the first new state law of the year. House Bill 298 will make possible the construction of a state-of-the-art medical research center to target prevalent diseases in Kentucky, including cancer, diabetes and cardiovascular disease.

The legislation authorizes the issuance of $132.5 million in bonds to build the research center at the University of Kentucky. The university will raise money an additional amount so that the $265 million research center can be built.

HB 298 contained an emergency clause, which allowed the bill to take effect as soon as the governor signed it.

At the time of this writing, the governor had also signed into law a telephone deregulation measure and a bill to allow Kentuckians to use a new kind of health directive to specify their wishes for end-of-life care.

Lawmakers sent a handful of other bills to the governor to be signed into law this week, including measures on the following:

Breeder’s Cup. House Bill 134 would reinstate a tax break for the Breeders’ Cup at Keeneland in Lexington this year. The legislation would waive the state’s excise tax on live pari-mutuel wagering for the event. The waiver of the pari-mutuel excise tax was reportedly worth about $750,000 the last time the event was at Churchill Downs in Louisville.

Charitable gaming. Senate Bill 33 would allow electronic versions of pull-tab Bingo tickets at charitable Bingo halls across the state.

Crowdfunding. House Bill 76 would help Kentucky entrepreneurs to gain investors through crowdfunding. The bill would allow people to invest up to $10,000 through a crowdfunding platform while helping businesses raise up to $2 million.

Drug abuse. House Bill 24 would prevent youth from misusing certain cough medicines to get high -- sometimes called “robotripping” – by restricting access to medicines that contain dextromethorphan. The bill would prevent sales of dextromethorphan-based products, such as Robitussin-DM or Nyquil, to minors.

Early childhood development. House Bill 234 would require early child care and education programs to follow a state quality-based rating system.

Gambling. SB 28 would make it clear in the law that it’s illegal for so-called Internet cafes to sell Internet access to play computer-based, casino-style games, or sweepstakes, in which customers can win cash prizes.

Kentucky Employees Retirement System. House Bill 62 would make sure the agencies that want to leave the Kentucky Employee Retirement System pay their part of the system’s unfunded liability.

Newborn health screening. SB 75 requires newborn health screenings to include checks for Krabbe Disease, an inherited disorder that affects the nervous system.

Sexual assault. Senate Joint Resolution 20 would direct the Auditor of Public Accounts to study the number of sexual assault examination kits in the possession of Kentucky police and prosecutors that have not been sent to the state’s forensic lab for testing. The resolution is aimed at helping the state know the scope of a backlog that needs attention.

Schools. SB 119, as amended, would help schools deal with the unusually high number of “snow days” caused by a harsh winter. The bill would give school districts until June 5 to complete all 1,062 school instructional hours required by the state. Any remaining hours that cannot be made up could be waived by the state. School days would not be allowed to exceed seven hours or be held on Saturdays. SB 119 also contains provisions that would require school administrators, teachers, office state, teaching assistants, coaches and other employed by a school district to receive training on ways to recognize and prevent on child abuse.

Spina bifida. SB 159 would require health care providers to give information about spina bifida and treatment options to parents whose unborn children have been diagnosed with the disorder.

Strokes. Senate Bill 10 would improve care for stroke victims by requiring the state to make sure local emergency services have access to a list of all acute stroke-ready hospitals, comprehensive stroke centers, and primary stroke centers in Kentucky. Emergency medical services directors would be required to create protocols for assessment and treatment of stroke victims.

Veterans. House Bill 209 would create “Gold Star Sibling” specialty license plates for Kentuckians with siblings who died while serving in the U.S. armed forces. The plates would be based on the Gold Star plates already available to parents and spouses.

Lawmakers have now returned to their home districts for the veto recess, the period of time in which lawmakers wait to see if any of the bills they passed are vetoed by the governor. The recess allows lawmakers to use their time in session after the recess to consider whether or not to override vetoes before adjourning the session.

There are bills that many lawmakers hope to see passed after the veto recess, most notably some form of anti-heroin legislation. Both chambers have passed bills to strengthen sentences against traffickers and to provide more treatment options to addicts, but some of the differences between each chamber’s bills are still being negotiated. Leaders in both chambers have expressed optimism that an anti-heroin bill will be approved before the 2015 session adjourns.

State lawmakers are eager to receive feedback from citizens on the issues confronting Kentucky. Citizens can provide their input by calling the General Assembly’s Message Line at 1-800-372-7181. People with hearing difficulties may contact lawmakers by calling the TTY Message Line at 1-800-896-0305.

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March 11, 2015

Bill to define bees, address dog fighting returns to Senate for vote

FRANKFORT—Provisions to combat dog fighting were attached by the House today to a Senate agriculture bill.

Dog fighting is already illegal in Kentucky, but supporters of the House amendment say additional steps should be taken to prosecute those engaged in it. The amendment would classify the ownership, breeding, training, selling, possessing, or transferring or four-legged animals—including dogs—for the purpose of fighting as first-degree cruelty to animals.

“Kentucky is the only state in the nation that does not regulate dog fighting like every other state,” said Rep. Joni Jenkins, D-Shively, the sponsor of the amendment that was attached by a vote of 62-33 to Senate Bill 143.

Jenkins said that the amended bill would not affect legal activities involving dogs including field trials, hunting, dog training, and other legal activities.

House Minority Floor Leader Jeff Hoover, R-Jamestown, asked the House to rule on whether the amendment was relevant, or “germane,” to SB 143. House Speaker Greg Stumbo ruled that the amendment is relevant, stating that dogs are used in agriculture. That ruling was or challenged, by Hoover and Rep. Tommy Turner, R-Somerset, and the ruling stood by a vote of 43-55. Other challenges to the amendment were also defeated.

Among those lawmakers opposing the amendment and voting against the bill was Rep. Jill York, R-Grayson. York said she feels the amendment could impact legal activities, such as hunting.

“I suppose everyone in here recognizes the need to protect our animals from being used in a perverse fighting environment. The trouble is that while our intentions are pure, I believe that, in this instance, our words are flawed and inadequate,” said York.

The amended version of SB 143 retains the original provisions of the legislation, which would define bees as “livestock” under Kentucky law. SB 143 is sponsored by Sen. Paul Hornback, R-Shelbyville.

SB 143 was returned to the Senate by House members on a 75-13 vote.

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March 11, 2015

House adds anti-heroin provisions to bill

FRANKFORT— Sweeping changes to the treatment and prosecution of those involved in Kentucky’s heroin trade were unanimously approved by the House tonight and returned to the Senate for consideration.

The Senate, which passed its own anti-heroin measure in January, swiftly voted against concurring with the House proposal, setting the stage for continued efforts to pass a bill that both chambers can agree on during the final days of the 2015 legislative session.

The House proposal, attached tonight to Senate Bill 192, includes essentially all of House Bill 213, sponsored by House Judiciary Committee Chairman John Tilley, D-Hopkinsville. That bill, which passed the House 98-0 last month, contains substance abuse treatment options for addicts, tiered penalties for traffickers, “good Samaritan” immunity for those who call for emergency help in case of an overdose, better access to the rescue drug naloxone, and the option for local needle exchange programs authorized at the local government level, among other provisions.

Additionally, a second amendment was attached to the bill that would appropriate $10 million in state funds for substance abuse treatment and drug-related prosecution. The amendment, sponsored by House Majority Caucus Chair Sannie Overly, D-Paris, was added to the bill by voice vote.

The original provisions in SB 192, sponsored by Sen. Paul Hornback, R-Shelbyville, were removed by the House. Those provisions dealt with health care service contracts for inmates.

Tilley said SB 192, as amended by the House, represents “the most comprehensive, common sense, evidence-based, data-driven approach to what is a public health epidemic.” He said the funding component found in Overly’s funding amendment would allow the drug treatment and other anti-heroin provisions added to SB 192 by the House to be funded sooner rather than later.

Overly said funding was proposed in HB 213 for seven different drug treatment and related services beginning in the next state budget cycle. “What (this amendment) would do would be to provide immediate funds beginning in fiscal year 2016 for treatment,” said Overly.

Recent news reports indicate that there were nearly 200 deaths caused by heroin overdose in the Commonwealth in the first nine months of 2014.

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March 11, 2015

Lawmakers crack down on illegal gambling halls

FRANKFORT -- Legislation that would shutter Internet cafes doubling as gambling halls received final passage today in the state Senate.

The legislation, known as Senate Bill 28, included an amendment from the state House expressing legislative intent to remain neutral in a pending legal dispute regarding historical horse racing.

Internet cafes are for-profit businesses that sell Internet access for a chance to play computer-based, casino-style games, or sweepstakes, in which customers can win cash prizes, said SB 28 sponsor Sen. Mike Wilson, R-Bowling Green. He said the cafes are located in buildings that contain banks of computers with Internet access. Each purchase at the cafe entitles a customer to a certain number of sweepstakes entries. The customer then determines whether the sweepstakes entries are winners by logging onto a computer.

Officials from Kentucky cities previously testified that they have seen an increase in these businesses throughout the state, often in cities bordering Tennessee, Indiana and Ohio – states that have cracked down on such business. One of the first Internet cafés in Kentucky opened in Bowling Green several years ago. In the last few months, an Internet café opened in Covington.

Wilson said the cafes advertise they are “better than bingo.” Non-profit bingos in his district have seen revenues decline as much as 40 percent because of the competition, he said.

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March 11, 2015

Child abuse prevention bill amended with ‘snow days’ provisions, returned to Senate

FRANKFORT—A bill to require child abuse prevention and reporting training in Kentucky’s public schools and allow “snow days” to be waived in school districts hardest hit by this winter’s storms was approved today by the House.

SB 119, sponsored by Sen. Julie Raque Adams, R-Louisville, was passed by the Senate last month to require school administrators, teachers, office state, teaching assistants, coaches and other employed by a school district to receive child abuse and neglect prevention, recognition and reporting training through the state by Jan. 31, 2017 then every two years thereafter. Those hired after Jan. 31, 2017 would be required to complete the training within 90 days of being hired, then every two years.

The House adopted those provisions (which mirror language in HB 301, passed by the House 94-0 last month) after adding the “snow days” provisions to the bill. Those provisions would give school districts until June 5 to complete all 1,062 school instructional hours required by the state. Any remaining hours that cannot be made up could be waived by the state.

The adding provisions also clarify that instructional days cannot exceed 7 hours, cannot include Saturdays, and that school districts can be open on primary election day if no school in a district is used as a polling place.

“It’s … the exact same bill that the House and Senate agreed upon last year when we came upon this same problem,” according to House Education Committee Chair Derrick Graham, D-Frankfort, who presented the amendment for a vote.

Speaking in opposition to the amendment was Rep. Adam Koenig, R-Erlanger, who was concerned that considerable instructional time is being lost in some districts.

“If we’re going to demand that our kids go to school and that every high school diploma is the same everywhere, then we need to figure out how to make sure these kids are able to go to school for the full term every year,” said Koenig.

School instructional time waivers were allowed last school year with the passage of HB 211 by the 2014 Kentucky General Assembly.

The snow days waiver provisions in SB 119 include an emergency clause, which would make those provisions effective immediately should SB 119 become law.

The bill passed the House on an 87-8 vote. It now goes back to the Senate for consideration of the changes the House made to the legislation.

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March 11, 2015

Senate passes bill to address growing pains of pain management clinics

FRANKFORT – A bill that would tightly control the expansion of pain management clinics received final passage today in the state Senate.

House Bill 329 would allow existing doctor-owned pain clinics to expand to the maximum of two additional facilities, said Sen. Mike Wilson, R-Bowling Green.

He said the bill is needed because of the success of the 2012 “Pill Mill Bill” that cracked down on renegade pain management clinics that were accused of promoting the abuse of prescription pain pills.

Wilson said in the wake of the Pill Bill Mill, Kentucky was left with five legitimate pain clinics. He said as physicians weaned patients off narcotics to alternative therapies offered by these pain clinics, the clinics could not keep up with the demand.

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March 11, 2015

Senate panel aims to heighten safety with booster seat bill

FRANKFORT – The Senate Transportation Committee unanimously approved a booster seat bill today.

House Bill 315, as amended by the committee, requires booster seats to be used by children who are less than eight and are between 40 and 57 inches in height. HB 315 also clarifies that a child of any age who is over 57 inches in height shall not be required to be in a booster seat.

Rep. Steve Riggs, D-Louisville, who sponsored the bill, said it just adds an additional year and seven inches to the current state law.

“The reasons we need to do this is because all the interested groups – like engineers, medical professionals and car manufacturers – tell us that our current height limit is just wrong,” Riggs said. “It needs to be fixed.”

He said the seat belt does not correctly fit across the shoulder and lap of a child who is less than 57 inches. Riggs said the seat belt goes across the neck and abdomen of children who are shorter than that.

“Right now our law is telling our parents to do this incorrectly,” he said. “We have to fix the law.”

Riggs said all of the states neighboring Kentucky have adopted the new height limit.

Bill Bell, director of the Kentucky Office of Highway Safety, brought his young son, Ryder, to demonstrate to committee members how booster seats do not properly protect children under 57 inches.

Lexington police officer Brandon Muravchick also testified in support of HB 315. He was 8 when he was riding in a vehicle that wrecked in Frankfort. Muravchick said the seat belt he was wearing likely saved his life but caused internal injuries because he was under 57 inches in height.

“I just had my tenth surgery in 2012,” he said, “which hospitalized me when I was in the police academy in Lexington. I’m still having issues from this wreck 25 year later. It’s very important the seat belt fits properly. The booster seat does that.”

HB 315 has already been approved by the state House and received its first reading in the Senate.

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March 10, 2015

State Senate passes bill to study teacher pension plan

FRANKFORT – The Senate voted today to establish a task force to examine the state’s underfunded teacher pension plan in lieu of issuing $3.3 billion in pension obligation bonds.

House Bill 4 passed with a 26-10 vote after the Senate adopted a committee substitute that removed language about the bonds and replaced it with language creating a bipartisan task force.

Senate President Robert Stivers II, R-Manchester, said the committee substitute represented the “measured approach” that would ensure the pension plan would remain solvent in the long term. He said the bonding plan would be just a short-term fix that would not address the systemic problem of an underfunded plan.

“We are willing to go on that journey to see what we can do to make sure of one thing: That is the current teachers that are in the system and the retirees … will receive their benefits, not just for 10 or 15 years, but … in perpetuity,” Stivers said.

He predicted the task force would come back with a set of recommendation in nine months that both chambers could agree upon. Stivers said he was seeking to recreate a similar process that resulted in to the overhaul of the Kentucky Employees Retirement System in 2013.

Sen. Ray S. Jones II, D-Pikeville, a critic of not issuing the bonds, said the Senate was “kicking the can down the road.”

“A lot of us have some concerns borrowing $3.3 billion,” said Jones, the minority floor leader. “That is a lot of money, but at some point we have to ante up. There will be a day of reckoning.”

He said the problem with the Kentucky Teachers’ Retirement System is the unfunded liability, which stood at $14 billion as of June 30. Jones said that represents benefits that have already been earned but for which there are not enough assets to pay.

“We can talk about studying this issue … but when you are in a hole the first thing you need to do is stop digging,” he said. “If we put off this decision for even one more year, it will cost the taxpayers of this commonwealth … .”

Stivers said he hoped opponents were not trying to couch the debate as a pro- or anti-teacher.

“I doubt there are many people in this body that have as many teachers in their family as I do,” Stivers said. “My mom spent 37 years teaching. We are committed to our teachers, which is why we must ensure that any KTRS investment is viable in perpetuity.”

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March 10, 2015

Pension measure heading to governor

FRANKFORT—A bill that would allow certain employers to voluntarily leave the Kentucky Retirement Systems or be forced out if they no longer qualify to participate is on its way to becoming law.

House Bill 62, sponsored by House State Government Committee Chairman Brent Yonts, was amended with Senate changes and given final passage in the House by a vote of 96-1. The bill spells out a clear pathway for “nonstock nonprofit corporation” agencies—or nonprofit agencies not owned by stockholders—to voluntarily leave the state pension system or be forced out if they don’t meet qualifications determined by the KRS board of trustees.

“This is the buyout bill where an agency can buy its way out or finance its way out in case the Internal Revenue Service makes rulings that may put in jeopardy the status of some of the quasi-governmental agencies we have,” said Yonts, D-Greenville.

HB 62 was filed in response to federal bankruptcy protection awarded last year to Louisville-area mental health agency Seven Counties Services which allowed the agency to withdraw from the public pension system. KRS has since appealed the federal bankruptcy judge’s decision, arguing that the agency owes the pension system at least $90 million in “unfunded liabilities” along with unpaid retirement contributions.

To protect employees of agencies that leave KRS, HB 62 would require agencies that leave KRS to set up another pension system in its place. It would also give those agencies as much as 20 years—up from 10 years originally proposed in HB 62—to buy their way out of KRS, with the understanding that the KRS may seek legal action against the agency to recoup any payments owed.

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March 10, 2015

House OKs tax check-offs for pediatric cancer research and rape crisis centers

FRANKFORT—State income tax refund check-offs to support pediatric cancer research and Kentucky’s rape crisis centers would be placed on state individual income tax forms beginning next tax year under a bill that cleared the Kentucky House today.

The bill is Senate Bill 82, sponsored by Sen. Max Wise, R-Campbellsville, which passed the House by a vote of 97-0 and was returned to the Senate for consideration.

SB 82 was originally focused solely on creating a tax check-off to support pediatric cancer research. The House added an amendment today to include a check-off for rape crises centers.

The amendment was proposed by Rep. Chris Harris, D-Forest Hills, who sponsors a bill that passed the House last month aimed at creating a tax form check-off to fund rape crisis centers.

The check-off boxes for pediatric cancer research and rape crisis centers would appear on tax forms for the 2015 tax year, should SB 82 become law.

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March 9, 2015

State Senate passes ignition interlock legislation

FRANKFORT – Saying it would reduce the number of habitual drunken drivers, a majority of state senators voted today for legislation that would expand the use of ignition interlocks for people caught driving under the influence of alcohol.

The legislation, known as Senate Bill 133, would supplement hardship licenses – special licenses allowing people with suspended licenses to drive to work, school and doctor’s appointments – with ignition interlocks.

“Drunk driving kills,” said Sen. Morgan McGarvey, who is sponsoring the bill along with Sen. Whitney Westerfield, R-Hopkinsville. “In 2013, over 10,000 people lost their lives at the hands of a drink driver.”

McGarvey said while legislators across the country have not found a way to eradicate drunken driving, lawmakers in 24 states have found ways to reduce it through the use of ignition interlocks.

“The states that have done this have seen a 30 percent decrease in fatalities due to drunk driving,” McGarvey said.

Unlike previous versions of the bill, McGarvey said ignition interlocks would only be available to people convicted of drunken driving with aggravating circumstances, like having a child in the car, going more than 30 mph over the speed limit or having prior drunken driving convictions.

McGarvey said a special fund would be set up to supplement the costs of ignition interlocks for the poor to address concerns raised by the state’s public defenders. In response to a question by Sen. Paul Hornback, R-Shelbyville, concerning who would pay for the indigent fund, McGarvey said the companies who provide the ignition interlocks to the state would subsidize the fund.

SB 133 now goes to the House for consideration.

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March 6, 2015

This Week at the State Capitol

Telecommunications bill becomes first of 2015 delivered to governor

LRC PUBLIC INFORMATION

FRANKFORT -- When the first racehorse crosses the finish line, others usually aren’t far behind.

The same can be said about bills passing into law. Once Kentucky lawmakers are far enough into a legislative session to deliver a bill to the governor’s desk, other bills soon follow.

On Tuesday, a phone deregulation bill became the first bill of 2015 to reach Gov. Steve Beshear’s office. The next day, two more bills landed on the governor’s desk. Four more bills have also passed both chambers and are ready to soon be delivered from the third floor of the Capitol to the governor’s first-floor office.

The telephone deregulation bill, House Bill 152, would end phone companies’ obligations to provide landline phone services to customers in urban and suburban areas if they provide service through another technology, such as cellular or an Internet-based phone service.

Supporters describe this as a modernization step to improve Kentucky’s telecom infrastructure by encouraging phone companies to invest in newer technologies like high-speed broadband networks. Opponents warn that some customers could end up with higher-priced, less-reliable phone service.

While rural customers can keep landline phones they already have, newly constructed homes in rural areas won’t be guaranteed landline services. If a rural customer cancels landline service and doesn’t decide to bring it back within 60 days, the company won’t be obligated to restore it.

Another bill sent to the governor this week would make possible the construction of a state-of-the-art medical research center to target prevalent diseases in Kentucky, including cancer, diabetes and cardiovascular disease. House Bill 298 would authorize the issuance of $132.5 million in bonds for the construction of the building at the University of Kentucky. The university would raise money for the other half of the $265 million building.

Lawmakers also sent the governor a bill this week that would give Kentuckians a new kind of health care directive to consider using when planning end-of-life care. Senate Bill 77 would allow Kentuckians to use what’s known as “medical order for scope of treatment.” These orders spell out patients’ wishes for end-of-life care. Unlike advance directives, the orders are considered to be physician’s orders and are signed by both the patient or patient’s legal surrogate, and the patient’s physician.

At the time of this writing, the governor had not yet signed the bills that have been delivered to his office. Under the Kentucky Constitution, he has ten days (excluding Sundays) after receiving a bill to veto it or sign it into law. If no action is taken within ten days, a bill goes into effect without the governor’s signature.

The record-breaking snowfall that created hazardous driving conditions throughout the state this week prompted legislative leaders to adjust the schedule for the 2015 session. Chamber proceedings were called off for Thursday and Friday of this week. Under the adjusted calendar, the Senate and House will convene on March 9, 10 and 11 before starting a veto recess. Lawmakers will return to the State Capitol for the final two days of the session on March 23 and 24.

With the 2015 session nearing its final days, this is an important time for citizens to stay in touch with lawmakers and share their views on the issues. There are several easy ways citizens can provide feedback.

The Kentucky Legislature Home Page, www.lrc.ky.gov, provides information on each of the Commonwealth’s senators and representatives, including phone numbers, addressees, and committee assignments. The site also provides bill texts, a bill-tracking service, and committee meeting schedules.

To leave a message for any legislator, call the General Assembly’s Message Line at 1-800-372-7181. People with hearing difficulties may reach lawmakers by calling the TTY Message Line at 1-800-896-0305.

Citizens can also write to any legislator by addressing a letter with the lawmaker’s name to: Capitol Annex, 702 Capitol Avenue, Frankfort, Kentucky 40601.

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March 6, 2015

Senate and House scheduled to convene Monday at 2 p.m.

FRANKFORT -- The Kentucky Senate and House of Representatives are each scheduled to convene at 2 p.m. on Monday, March 9. It will be the 24^th day of the General Assembly’s 2015 session.

The schedule for Monday’s legislative committee meetings is available online (http://www.lrc.ky.gov/legislative_calendar/index.aspx) or by calling the General Assembly’s Calendar Line at 1-800-633-9650.

Legislative leaders agreed yesterday to adjust the 2015 legislative calendar in response to disruptions caused by the winter storm. The General Assembly is now scheduled to convene three days next week before starting a veto recess on March 12, with the final two legislative days of the 2015 session on March 23 and 24.

The revised 2015 Regular Session Calendar can be viewed online at http://www.lrc.ky.gov/calendars/15RS_calendar.pdf.

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March 6, 2015

Kentucky Senate and House will not meet in session today

FRANKFORT – Due to the winter storm, power outages, concerns about hazardous road conditions and sub-zero temperatures, the Kentucky Senate and House of Representatives will not convene today, Friday, March 6, 2015.

Today’s legislative committee meetings have been canceled.

Legislative Research Commission offices are open on today. Staff and legislators who can safely travel will be working in the Capitol and Capitol Annex offices.

Due to the disruption in the General Assembly’s schedule, legislative leaders have agreed to adjust the 2015 legislative calendar. The General Assembly is now scheduled to meet on March 9, 10 and 11. The veto recess is scheduled to begin on March 12. Lawmakers will hold the final two days of the 2015 session on March 23 and 24.

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March 4, 2015

State Senate says “cheers” to the beer distributor bill

FRANKFORT – The state Senate passed legislation today banning breweries from owning beer distribution networks – a move expected to force Anheuser-Busch to sell its two Kentucky distributorships.

The legislation, known as House Bill 168, passed with a 23-13 vote – ending what has been dubbed the “beer wars” in the General Assembly. HB 168 would affirm that the state’s three-tier system of regulating alcoholic beverage producers, distributors and retailers applies to beer.

“HB 186 is about the three-tier system in regards to alcohol distribution in the state of Kentucky,” said Sen. John Schickel, R-Union. “A three-tier system specifically prevents interlocking ownership between the tiers. The three-tier system prevents monopolies, but to be effective, the tiers must be independent of one another.”

He said 37 other states have endorsed the three-tier system and none of those governments has given into Anheuser-Busch’s request to deregulate the beer business.

“Anheuser-Busch wants a monopoly, not a free market,” Schickel said.

He said a diverse group of special interests joined forces to support HB 168. The groups included breweries such as Yuengling & Son and MillerCoors, business groups like the Bowling Green Area Chamber of Commerce and The Greater Lexington Chamber of Commerce, and the Temperance League of Kentucky.

“HB 168 is perfectly consistent with the historical approach Kentucky has taken with alcohol regulation,” Schickel said. “For good reason, the alcohol beverage industry has always been highly regulated. That goes all the way back to Prohibition when the alcohol industry was taken over by organized crime. When we came out of Prohibition, we wisely established the three-tier system in Kentucky.”

Opponents to the bill included Sen. Julie Raque Adams, R-Louisville, where Anheuser-Busch owns one of its two Kentucky distributorships.

“Make no mistake; House Bill 168 is a punitive bill that seeks to punish Anheuser-Busch,” she said. “It retroactively takes from Anheuser-Busch what they lawfully obtained. It will require divestiture of its assets. This bill is the ultimate assault on private property rights.”

She said no one in the chamber could claim victory with the passage of HB 168, especially when it comes to Anheuser-Busch’s almost 200 employees, many of whom live in and around the district she represents in Louisville.

Sen. Joe Bowen, R-Owensboro, also spoke out against the bill. He lives in the city where Anheuser-Busch’s second distributorship is located. He said HB 168 “pulls the rug out from under” Anheuser-Busch.

“This bill tinkers with the free market,” Bowen said. “It tinkers with the laws and structures of a free-market economy. It is in violation of the laws of a free market.”

He said its “inappropriate” for the state Senate to intervene on what he characterized as a business dispute.

Bill supporter Sen. Julian M. Carroll, D-Frankfort, gave a floor speech that contained a history lessons on beer distributorships in Kentucky.

When Carroll was governor in 1978, he said his administration wrote regulations to preserve the three-tier system after Anheuser-Busch purchased its first distributorship in Louisville. That system was again jeopardized when a court ruled last year that Anheuser-Busch could own the second distributorship in Owensboro.

“I apologize for my failure to take care of this problem in 1978,” Carroll said, “and ask for forgiveness.”

-- END --

March 4, 2015

Stroke care bill heading to governor

FRANKFORT—A bill that would require the state to post a list of all Kentucky stroke hospitals and stroke centers online and distribute the list to local emergency services providers is on its way to becoming law.

Senate Bill 10, sponsored by Sen. Stan Humphries, R-Cadiz, and Senate President Pro Tem David Givens, R-Greensburg, received final passage in by a vote of 99-0 in the House. It now goes to the governor for his signature.

Specifically, the bill would require that a list of all acute stroke ready hospitals, comprehensive stroke centers, and primary stroke centers in Kentucky be posted to the web site of the Cabinet for Health and Family Services and be distributed to emergency medical services providers, whose directors would be required to create protocols for assessment and treatment of stroke patients before the patients reach the hospital.

The bill would also expand the types of stroke-care certification available to hospitals across the Commonwealth, building on a 2010 law that requires Kentucky to recognize certified primary stroke centers.

Kentucky currently has two comprehensive stroke centers—one at the University of Louisville and one at the University of Kentucky—and around 21 total certified stroke hospitals, according to Rep. David Watkins, D-Henderson, who presented SB 10 for a vote in the House.

“Having a stroke system of care in Kentucky is an important component of our health care delivery system,” said Watkins, a physician. “I feel like this is an extremely good bill.”

The Cabinet reports that stroke accounted for two percent, or 12,024, of all hospitalizations in Kentucky in 2010, and that Kentucky had the 11th highest stroke death rate in the country in 2009.

SB 10 passed the Senate unanimously on Feb. 5.

-END-

March 4, 2015

Colorectal cancer screening bill receives final passage

FRANKFORT—Health insurers would have to cover the cost of follow-up procedures resulting from a colorectal cancer screening under a bill that is now on its way to the governor’s desk.

Senate Bill 61, sponsored by Sen. Ralph Alvarado, R-Winchester, received final passage by a 95-5 vote in the House today. It would require insurers to cover any follow-up colonoscopy resulting from a colorectal cancer screening without imposing additional deductible or coinsurance costs.

The bill would apply to health benefit plans issued or renewed on or after Jan. 1, 2016, should it become law.

The House passed similar legislation earlier this session. That bill, House Bill 69 sponsored by House Health and Welfare Committee Chair Rep. Tom Burch, D-Louisville, passed the House by a 66-29 vote on Feb. 9.

Like HB 69, “it removes the barriers for colorectal cancer screening,” Burch told the House before presenting SB 61 for a final vote.

SB 61 passed the Senate on a vote of 31-3 on Feb. 19.

-END-

March 4, 2015

Senate panel approves a range of transportation bills

FRANKFORT – The state Senate Committee on Transportation approved three state House bill today on topics ranging from special license plates, classic cars and mobile methamphetamine labs.

The first piece of legislation taken up by the committee, House Bill 209, would create a special license plate for Kentuckians with a sibling who died in active U.S. military service. Rep. Diane St. Onge, R-Lakeside Park, a sponsor of the bill, said the plate would be known as the “Gold Star Siblings” special license plate.

The second piece of legislation deals with vehicles that are turned in mobile methamphetamine labs. Known as House Bill 19, it would require the vehicles to be crushed at the junk yard after the completion of any criminal investigation, said Rep. Hubert Collins, D-Wittensville.

“We are running into a lot of older cars which are being used to manufacture meth in,” said Collins, a sponsor of the bill. “We know once that is manufactured in them they are never safe again.”

A third bill, House Bill 20, involves property taxes on classic cars. It would prevent tax appraisers from assuming a car 20 years or older has been maintained at original factory condition or restored. Appraiser would have to assess the value of the car using a formula established in HB 20 and only after a physical inspection or viewing photographs of the vehicle

“Tax appraisers think some of these older cars we have out there are immaculate like the ones you see on reality shows about car restorers,” said Collins, also a sponsor of HB 20.

All three bills will now go to the full Senate for consideration.

-- END --

March 3, 2015

End-of-life care bill goes to governor

FRANKFORT—An end-of-life order known as a “medical order for scope of treatment,” or MOST, would be allowed in Kentucky under a bill that is on its way to becoming law.

Senate Bill 77, sponsored by Sen. Tom Buford, R-Nicholasville, received final passage in the House on an 87-8 vote and now goes to the governor for his signature.

A MOST spells out a patient’s wishes for their end-of-life care. Unlike advance directives, the orders are considered to be physician’s orders and are signed by both the patient or patient’s legal surrogate, and the patient’s physician. SB 77 would allow the use of MOST in Kentucky, and require the state Board of Medical Licensure to create a standard form for the orders to use statewide.

The bill would also allow an existing health power of attorney or living will directive for a patient to be applied in cases of end-of-life care, even if a MOST has been completed.

Rep. David Watkins, D-Henderson, a physician who presented the bill for a vote in the House, said 32 states now allow MOST, which he explained is typically used by hospice patients in their last six months of life.

“This tries to ascertain what their desires are as things proceed,” said Watkins.

Among the bill’s supporters in the House were Rep. Michael Meredith, R-Brownsville, whose family made end-of-life care decisions for his late mother in the past year.

“The law already provides for a patient’s family to make these decisions if the need arises. My father, my brother, and I had to make those decisions in the case of my mother,” said Meredith. Having a MOST for his mother would have helped during that process, he explained.

“This is for those situations where a living will doesn’t go far enough in determining a patient’s wishes. This is for the situations where a living will is not in place, and in our case a living will wasn’t in place,” said Meredith.

-END-

March 3, 2015

Senate passes funding bill for UK research building

FRANKFORT – The state Senate reopened Kentucky’s spending plan during a non-budget year today and passed legislation to fund a multi-million dollar research building at the University of Kentucky.

The legislation, known as House Bill 298, would authorize the issuance of $132.5 million in bonds for the construction of the building, said Sen. Alice Forgy Kerr, R-Lexington. UK would pay for the other half of the $265 million building that would sit along South Limestone, near the College of Pharmacy, in Lexington.

The building would house teams of scientists from different disciplines working together to reduce presentable deaths from medical disorders that disproportionately afflict Kentuckians – such as cancer, diabetes and cardiovascular disease.

“The life expectancy of our citizens is lower than that of other citizens in other states,” Kerr said. “We know that is unacceptable. We have to do something. UK is uniquely positioned to tackle these problems with this major academic medical center.”

She said the research center would create 1,623 jobs, have an annual economic impact of $116.2 million, and an annual state and local tax impact of $5.6 million.

Sen. Tom Buford, R-Nicholasville, said contributing money to the research center was a good investment for Kentucky.

“It will be an economic machine for the University of Kentucky, for the state of Kentucky,” he said. “What could be better than it bringing us life, improving the quality of life, adding social stability?”

Sen. Reginald Thomas, D-Lexington, also spoke out in favor of the research building.

“This is definitely needed,” he said. “We are all familiar with our dismal health statistics.”

-- END --

March 3, 2015

State Senate committee approves bill promoting use of ignition interlocks

FRANKFORT – The state Senate Committee on Judiciary approved legislation today designed to crack down on motorists driving on suspended licenses.

Known as Senate Bill 133, it would supplement hardship licenses – special licenses allowing people with suspended licenses to drive to work, school and doctor’s appointments – with ignition interlocks.

An ignition interlock is a device about the size of a mobile phone that is wired into the ignition system of a vehicle. A person convicted of driving under the influence must blow into the device in order to start their vehicle. If they have a measurable amount of alcohol in their system, the vehicle will not start.

“I don’t want to skip over how effective this bill has been in the 25 states that have passed it,” said Sen. Morgan McGarvey, D-Louisville, adding that it has led to a 30 percent decrease in drunken driving fatalities.

McGarvey and Sen. Whitney Westerfield, R-Hopkinsville, are the primary sponsors of SB 133.

Unlike previous versions of the bill, McGarvey said ignition interlocks would only be available to people convicted of drunken driving with aggravating circumstances, like have a child in the car, going more than 30 mph over the speed limit or having prior drunken driving convictions.

Drivers could also opt not to have an ignition interlock but they would not be allowed a hardship license, McGarvey said. He added a special fund is being set up that would supplement the costs of ignition interlocks for the poor.

“I think this is going to do more to protect the roads from drunk drivers … than simply telling them their piece of plastic is not good,” committee chairman Sen. Whitney Westerfield, R-Hopkinsville, said in response to the chronic problem of people driving on suspended licenses.

The legislation now goes to the full Senate for consideration. A similar bill already cleared the state House.

-- END --

March 3, 2015

State Senate panel approves expanding dating violence protections

FRANKFORT – Upset his 19-year-old college girlfriend didn’t answer her phone one night, a man scaled a three-story building and crawled into her bedroom window. He slammed the woman into her bedroom wall, put his hand around her throat and said, “Remember this the next time you don’t answer your phone.”

The man, who she had met in class, then stalked the woman the following day and hid in the back of her vehicle.

She tried to get an emergency protective order, but she wasn’t eligible for one under current Kentucky law because she wasn’t married to her stalker, didn’t live with him and didn’t have a child with him, said Marion Brown, executive director of Sanctuary Inc., a nonprofit serving victims of rape, sexual assault and domestic violence in the Pennyrile region.

Brown recounted this woman’s story while testifying today before the state Senate Committee on Judiciary. She was there in support of legislation that would allow dating couples to get civil protection from domestic violence, sexual abuse or stalking in the form of a protective order.

The legislation, known as House Bill 8, would also streamline the process to obtain protective orders for other victims, and would allow an order to be expunged from someone’s record if the order is dismissed by a judge, said Rep. John Tilley, D-Hopkinsville, who sponsors the bill.

He said 638,000 Kentucky woman will experience physical violence, rape and/or stalking by an intimate partner, according to federal data. Of those, 345,000 will experience a forcible rape and 420,000 will be stalked.

“That is the highest percentage in the country,” Tilley said of the number of women stalked.

Tilley said there was some concern that courts would be overwhelmed with requests for civil protective orders if HB 8 becomes law but statistics from other states indicate otherwise.

Indiana experienced an 8 percent decrease for all types of civil protective orders after that state expanded the right to dating couples, Tilley said. Florida saw a 6 percent decrease, he said.

While Kansas and Missouri both saw increases after passing similar laws, the increases were only 6 percent and 5 percent respectively.

The committee approved HB 8 after some emotional testimony. It will now go to the full Senate for consideration.

Senate President Robert Stivers II, R-Manchester, voted for HB 8 but said constituents need to understand that the legislation would only provide civil protections. He said he didn’t want there to be an unjustified belief that a piece of paper would keep someone away if they were willing to scale a building and crawl through a window.

Sen. Robin Webb, D-Grayson, cast a “pass” vote. She said she wanted an opportunity to review a committee substitute that was adopted before deciding if she would ultimately support that legislation.

-- END --

March 2, 2015

Telecom deregulation bill heading to governor’s desk

FRANKFORT – Legislation to reform telecommunication regulations passed the state Senate today, making it the first bill to pass both chambers during the 2015 General Assembly.

House Bill 152, sponsored by Rick Rand, D-Bedford, received final passage by a 30-3 vote. It would remove requirements that telephone companies offer basic landline service in urban areas so the money used to maintain that old technology can be spent on Internet and mobile phone expansion, said Sen. Paul Hornback, R-Shelbyville. He had sponsored similar legislation for the last several years.

Hornback said there are two keys differences with HB 152 and past telecom reform bills that did not pass both chambers. First, HB 152 contains language that represents an agreement struck last year between AT&T and a previous opponent of the legislation, the Kentucky Cable Telecommunication Association.

Second, HB 152 contains stronger language to protect consumers, he said. Among other things, it would give rural customers 60 days – rather than the 30 days outlined in other proposals – to transition back to landline service from a newer technology should they desire to do so.

HB 152 also prevents telecommunication companies from reclassifying rural areas to urban areas in order not to provide basic landline service, Hornback said.

“I think we are doing the right thing here,” he said. “I celebrate this day. It is moving the state in the right direction.”

In explaining why she voted against the bill, Sen. Robin L. Webb, D-Grayson, said the legislation was deregulation being disguised as something else.

“That is what this is all about,” she said, adding the legislation comes at the expense of the consumer.

Earlier in the day, AT&T Kentucky President Hood Harris testified in support of the bill before the Senate Committee on Economic Development, Tourism and Labor.

He said legislation much more comprehensive than HB 152 has been passed in 17 of the other 20 states where AT&T operate as a landline carrier, and no person in an urban or rural area has lost a landline.

-- END --

March 2, 2015

‘Robotripping’ bill approved by House on 93-1 vote

FRANKFORT—A bill intended to prevent youth from misusing certain cough medicines to get high -- sometimes called “robotripping” -- passed the Kentucky House of Representatives today by a 93-1 vote.

House Bill 24 would restrict minors’ access to products like Robitussin-DM that contain dextromethorphan.

Rep. Fitz Steele, the sponsor of HB 24, said young people are using a simple method to extract dextromethorphan, also known as DXM, from cough medicine to experience a hallucinogenic effect. The only way to detect whether a person has consumed DXM is by a blood test “after you have to take them to the emergency room,” said Steele, D-Hazard.

HB 24 would outlaw the possession of a gram or more of DXM in its pure or extracted form by non-approved individuals and ban the selling of DXM-based products to minors. Proof of age would be required to buy products containing DXM if the buyer is suspected to be under age 18. Minors who misrepresent their age to get products that contain DXM would face legal action.

Those who violate the provisions of HB 24 could be fined between $25 and $1,000 for a first violation, depending on the offense, and $100-$200 up to $2,500 for each subsequent violation, depending on the offense.

HB 24 now goes to the Senate for consideration.

-END-

February 27, 2015

This Week at the State Capitol

Total number of bills under consideration reaches 75

FRANKFORT -- The Kentucky General Assembly crossed another mile marker this week by reaching the deadline for the introduction of new bills in the House of Representatives. The Senate crossed a similar deadline on Feb. 13.

With these two deadlines in the rear-view mirror, Kentuckians now have a more complete view of the issues lawmakers will take up this year. A total of 752 bills have entered into the legislative process in the Senate and House combined, confirming what has been apparent to anyone who follows the news out of Frankfort: there are a lot of big issues on the agenda this year.

Both the Senate and House have already weighed in on one of the largest issues with each chamber passing its own bill to deal with the state’s heroin epidemic. Both bills feature stronger sentences for dealers and more treatment options for addicts. But there are a number of differences in the finer points of the Senate and House bills.

Among the differences are the ways each chamber would punish traffickers. The Senate measure, SB 1, would make trafficking any amount of heroin a Class C felony. The House bill, HB 213, recognizes three levels of heroin trafficking, with escalating penalties based on how much traffickers had in their possession.

Another difference is that the House bill, unlike the Senate bill, would give local governments the option of establishing needle-exchange programs. Supporters say programs allowing heroin addicts to exchange used needles for new ones at local health departments have a proven record of curbing the transmission of diseases like HIV and hepatitis C. Supporters also say the programs that bringing addicts into health departments gives them an opportunity to seek help with their addictions. Opponents say needle exchanges enable addicts and send the wrong message about tolerance for illegal drug use.

Lawmakers are looking to bridge the differences in their anti-heroin measures in time to send a bill to the governor before a scheduled veto recess begins on March 10.

Issues taken up in legislative chambers this week include:

Teachers’ retirement system. HB 4 would authorize the state to issue $3.3 billion in bonds to reduce the $14 billion unfunded liability of the Kentucky Teachers’ Retirement System. The legislation passed the House on a 62-31 vote and has been sent to the Senate for consideration.

Students. SB 10 would allow high school juniors and seniors to use Kentucky Educational Excellence Scholarship (KEES) money during high school. Student earning college credit through dual-credit courses could use KEES money they’ve earned to pay for up to six college credit hours. SB 10 has been approved by the House and sent to the Senate.

Gambling. SB 28 would make it clear in the law that it’s illegal for so-called Internet Cafes to sell Internet access to play computer-based, casino-style games, or sweepstakes, in which customers can win cash prizes. The bill passed the Senate and has been sent to the House.

Elections. SB 93 would let Kentucky voters decide on a proposed constitutional amendment that would move Kentucky’s elections for governor to even-numbered years. Elections would also be moved to even-numbered years for the Treasurer, Auditor of Public Accounts, Attorney General, Secretary of State and Commissioner of Agriculture. SB 93 was approved by the Senate and has been sent to the House for consideration.

Debt. SB 94 would limit general fund supported debt to 6 percent of general fund revenue. The road fund is not included, agency debt is not included and there is a provision that would allow the governor to declare a state of emergency to go over the debt limit. The bill was approved in the Senate and sent to the House.

Early childhood development. Early child care and education programs would be mandated to follow a state quality-based rating system under House Bill 234. The bill was approved in the House and delivered to the Senate for consideration.

Public-private partnerships. House Bill 442 would allow state government to partner with private companies on major building projects. The bill was approved in the House and has been sent to the Senate for consideration.

With so many major bills moving through the Legislature, it’s an important time for citizens to stay in touch with lawmakers. There are several easy ways citizens can provide their feedback to the General Assembly.

To leave a message for any legislator, call the General Assembly’s Message Line at 1-800-372-7181. People with hearing difficulties may leave messages for lawmakers by calling the TTY Message Line at 1-800-896-0305.

--END--

February 27, 2015

Senate passes bill to curb state debt

FRANKFORT – Saying they want to be responsible stewards of taxpayer dollars, a majority of state Senators today voted in favor of capping Kentucky’s dept.

Known as Senate Bill 94, the legislation would limit general fund supported debt to 6 percent of general fund revenue, said Sen. Joe Bowen, R-Owensboro, who sponsored the bill with Sen. Christian McDaniel, R-Taylor Mill.

“John Adams said there were only two ways to conquer and enslave a nation: One is by the sword, and the other is by debt,” Bowen said. “Kentucky owes more than it owns.”

The road fund is not included, agency debt is not included and there is a provision allowing the governor to declare a state of emergency to go over the debt limit, he said.

A similar bill passed the state Senate two sessions ago by a 38-0 vote but did not become law.

“So what has changed since then?” Bowen said. “Certainly the sense of urgency has been amped up. We continue to add debt, and we continue to encumber future generations with the decisions we are making now as we acquire more debt.”

In state rankings, Bowen said, Kentucky is 48^th in the nation in debt as a percentage of gross domestic product, 38^th in debt per capita and 43^rd in total debt when all unfunded liabilities are included.

“Every man, woman and child in this commonwealth owes $3,400 to the state of Kentucky,” he said. “We have leveraged ourselves to the extreme.”

He said Kentucky’s debt ratio is reported to be 6.7 percent, but it is actually 8.1 percent if you include the nearly $1 billion spent on new county courthouses built across the state in recent years. Bowen said the bonds to build the courthouses were issued in the names of Kentucky’s counties but the state still pays the interest on those bonds.

Bowen said the financial situation is made worse because of a structurally unbalanced biannual budget. He said nonrecurring revenues are routinely used to pay for reoccurring expenses.

“Senate Bill 94 builds in a structural safeguard,” he said. “It builds in a discipline that people all across the commonwealth appreciate. Our constituents want us to operate within certain confines. People want us to operate in a fiscally responsible manner.”

SB 94 passed with a 28-8 vote.

One of the legislators who spoke in opposition was Sen. Ray S. Jones, D-Pikeville. Among his objections to the bill was a provision that specifies how money saved by capping the debt ceiling is appropriated in the future.

“It is clearly unconstitutional for this General Assembly to specify how the General Assembly will spend money two years from now,” he said. “That is clearly an infringement upon future sessions of the General Assembly and their ability to appropriate money as allowed by the Constitution.”

SB 94 now goes to the state House for consideration.

-- END --

February 27, 2015

Charitable gaming hits BINGO with passage of Senate bill

FRANKFORT – The state Senate voted 25-10 today in favor of legislation that would allow electronic pull tabs at bingo halls across Kentucky.

Known as Senate Bill 33, the legislation would legalize the electronic versions of pull-tab bingo tickets that have become staples of church festivals and other charity events across Kentucky for decades, said sponsor Tom Buford, R-Nicholasville.

“An electronic pull-tab game is not a slot machine,” he said. “It is something about the size of iPad that would be made available inside that charitable hall.”

Buford said charities have reported losing about $60 million in the last few years to legalized gambling such as casinos in the neighboring states of Indiana and Ohio.

“By allowing the use of these electronic pull tabs, we are giving charities an additional option to raise funds for their charitable purposes,” he said.

SB 33 now goes to the state House for consideration.

-- END --

February 27, 2015

Human trafficking, Alicia’s Law bills head to Senate

FRANKFORT—Bills aimed at protecting victims of human trafficking and child rape passed the Kentucky House today without a dissenting vote.

The bills are House Bill 515, sponsored by House Majority Caucus Chair Sannie Overly, D-Paris, and HB 427, sponsored by House Judiciary Chair John Tilley, D-Hopkinsville. The bills passed by votes of 90-0 and 93-0 respectively.

HB 515 is designed to improve protections for child victims of human trafficking by prohibiting someone who pays for sex with a child from having a legal defense that they didn’t know the child’s age.

“Too often, the buyers of these children are not being charged,” Overly said. “Unless we combat the demand for child trafficking, we will not be able to stop the exploitation of our children. We must focus on the buyers.”

HB 515 could become the state’s third law directly aimed at human trafficking passed in as many years. The passage of HB 3— known as the “safe harbor” law that targets those who exploit children for sex – in 2013 was followed by the 2014 passage of SB 184, which gives human trafficking victims forced into prostitution and non-violent offenses a legal means to clear their criminal record.

HB 427, known as the “Alicia’s Law” bill, would add $10 to court costs paid in Kentucky’s criminal cases to increase funding for the Kentucky State Police Internet Crimes Against Children Task Force. Tilley said the task force works to prevent crimes like those suffered by Alicia Kozakiewicz, for whom Alicia’s Law is named.

Now a child advocate her 20s, Kozakiewicz was abducted at age 13 then raped and tortured for days via live Internet streaming before she was rescued. She is now working to get bills like HB 427 passed in states across the country.

Tilley said passage of HB 427 would make Kentucky the ninth state to pass Alicia’s Law.

Both HB 515 and HB 427 now go to the Senate for consideration.

-END-

February 27, 2015

Senate passes the transgender student bathroom bill

FRANKFORT – The state Senate passed legislation today to regulate where transgender students may use the restroom in public schools.

The legislation would require public school students to use the restrooms of their biological sex or seek special accommodations, said Sen. C.B. Embry Jr., R-Morgantown, who sponsored the bill.

Known as Senate Bill 76, the legislation passed by a 27-9 vote after a lengthy floor debate.

Embry said the SB 76 had nothing to do with homosexuality, in response to questions from Sen. Reginald Thomas, D-Lexington, who opposed the legislation.

“Passing this bill would cast a shroud of darkness over this body,” Thomas said.

Sen. Danny Carroll, R-Paducah, spoke in favor of the bill.

“It is not the responsibility of this body to protect the rights of one particular group,” he said. “It’s the responsibility of this body to protect the rights of all. In this case, this bill does protect the rights of all the students.”

Carroll referenced prior testimony on the bill from a high school student who said she was uncomfortable using the restroom with a transgender classmate.

Sen. Mike Wilson, R-Bowling Green, also spoke in favor of the bill. He stressed that SB 76 is about modesty and protecting minors.

“I think as a parent, I don’t want that situation for my daughter,” he said.

Sen. Gerald A. Neal, D-Louisville, explained why he did not support SB 76.

“This is not about modesty,” he said. “This is about fear.”

SB 76 now goes to the House of Representatives for consideration.

-- END --

February 26, 2015

State Senate passes bill banning Internet sweepstakes

FRANKFORT – Online sweepstakes offered across Kentucky at businesses advertised as “Internet cafes” would be outlawed under legislation unanimously passed by the state Senate today.

Known as Senate Bill 28, the legislation would make it clear in the law that so-called Internet cafes are illegal, said sponsor Sen. Mike Wilson, R-Bowling Green. The cafes are for-profit businesses that sell Internet access for a chance to play computer-based, casino-style games, or sweepstakes, in which customers can win cash prizes.

Supporters of SB 28 said Internet cafes are located in buildings that contain banks of computers with Internet access. Each purchase at the cafe entitles a customer to a certain number of sweepstakes entries. The customer then determines whether the sweepstakes entries are winners by logging onto a computer.

-- END --

February 26, 2015

Gold Star Siblings license plate bill advances to Senate

FRANKFORT—A bill to create a Gold Star Siblings special license plate for Kentuckians whose brother or sister died in active U.S. military service has passed the state House.

House Bill 209, sponsored by Rep. Diane St. Onge, R-Lakeside Park, and Rep. Tanya Pullin, D-South Shore, advanced to the Senate on a vote of 94-0.

The bill “allows siblings who have lost their loved ones in active service in the military, in the service of this country, to honor them with a Gold Star Siblings license plate much the same as a Gold Star Spouse, Gold Star Mother, Gold Star Father license plate” which are already available in Kentucky, said St. Onge

The initial fee for a Gold Star Siblings license plate would be $25 and the renewal fee would be $20, with $10 of the initial fee and $5 of the renewal fee dedicated to the state’s Veterans’ Program Trust Fund, according to HB 209. Proof of eligibility for the plate would be determined by the state Transportation Cabinet regulation.

HB 209 would take effect Jan. 1, 2016 if it becomes law.

-END-

February 26, 2015

State Senate unanimously passes new ‘fracking’ regs

FRANKFORT – The state Senate today passed legislation that would modernize Kentucky’s regulations on high-volume hydraulic fracturing, often referred to as “fracking,” for the first time in more than two decades.

The legislation, known as Senate Bill 186, would mandate energy companies notify nearby landowners of any planned fracking process, clean up the well before abandoning it and disclose of the chemicals used in the fracking process, said Sen. Julian M. Carroll, D-Frankfort, the sponsor of the bill. He added that the bill would apply to new drilling operations.

“We haven’t really changed our laws or regulations in 20 years,” said Carroll. “During that time, technology has advanced that could essentially make Kentucky energy independent if we will go after our (energy) reserves. We are already doing that in the area of gas. This moves us in that direction with oil.”

Similar legislation passed the state House on Wednesday. The House bill, HB 386, is sponsored by House Majority Floor Leader Rocky Adkins, D-Sandy Hook.

Fracking is an oil and gas well development process that typically involves injecting water, sand and chemicals under high pressure into a bedrock formation, according to the U.S. Geological Survey. The technique is used commonly in low-permeability rocks like tight sandstone, shale and some coal beds to release oils and gasses.

Tom Fitzgerald, director of the nonprofit environmental advocacy group Kentucky Resources Council, previously testified that he supported the bill. Carroll said during a floor speech that a key to getting Fitzgerald’s support was to include language in the bill that would require baseline water quality testing before any new fracking could begin. Those tests would be followed with additional water sampling once operations begin in order to monitor drilling impacts to local water sources.

Sen. Jared Carpenter, R-Berea, who is chairman of the Senate Committee on Natural Resources and Energy, said the legislation is the product of a year’s worth of work by officials at the state Energy and Environment Cabinet. He added that the legislation is also backed by the Kentucky Oil and Gas Association.

Carpenter said the legislation would ensure “continued energy growth in Kentucky.”

-- END --

February 25, 2015

P3 bill passes House, proceeds to Senate

FRANKFORT--The House voted 84-13 today to advance a bill that would provide oversight and regulations to public-private partnerships, so-called “P3s,” for state government and major transportation projects in Kentucky.

House Bill 443, sponsored by Rep. Leslie Combs, D-Pikeville, and House Majority Caucus Chair Sannie Overly, D-Paris, would allow state government and major transportation projects to partner with private companies to complete public infrastructure, transportation and other needs.

Provisions regarding local governments found in last session’s P3 bill—which was passed by the 2014 General Assembly but vetoed by the governor due to an amendment that would have eliminated the possibility of tolls for a Northern Kentucky bridge project -- are not found in HB 443, said Combs.

“I understand the concerns that have been expressed by several, and right now what we’re going to do is focus on state agencies and transportation. Let’s move this forward because this is something that I think this state definitely needs,” said Combs.

She also said HB 443 does not mandate use of tolls on any project. The issue of tolls has been a concern of some lawmakers, particularly those in Northern Kentucky where there are concerns about replacing the aging I-75/I-71 Brent Spence Bridge over the Ohio River. Combs said the legislation specifically states that a “state authority shall not enter into a public-private partnership related to a project connecting the Commonwealth with the State of Ohio unless the General Assembly expressly authorizes it by passing a joint resolution.”

“This bill is about creating public private partnerships in Kentucky. It is not about a particular project. It’s not about doing a project in Northern Kentucky. It’s not about doing tolls,” said Combs.

Several amendments were filed to the bill including those called by Rep. Arnold Simpson, D-Covington. Some of his amendments failed but others were approved, including Simpson’s amendments would: require that major transportation projects connecting Kentucky to adjoining states be constructed and financed by a bi-state authority and that only that authority be allowed to enter into a P3 as part of the project; require additional cost analysis of any proposed transportation project that exceeds $100 million in total cost to see if a P3 is in the public interest; require that tolls imposed as part of a transportation project costing over $100 million that uses P3s expire when the initial construction debt is paid.

“Relative to full disclosure I think I need to admit two things,” said Simpson. “First, I am the individual who filed the amendment last year that basically precluded the utilization of tolls on the Brent Spence Bridge corridor project, and make no apologies for that. And the second thing I would like to tell you is I hate tolls.”

Simpson said P3s have been used in Kentucky for years including in local government. But he said P3 projects are “so large in scale that we have to proceed very cautiously. If we fail to do so, it puts our tax base at great jeopardy.”

HB 443 now goes to the Senate for consideration. An emergency clause attached to the bill would allow the bill would take effect immediately if it is signed into law.

-END-

February 25, 2015

Ignition interlock device bill heads to Senate

FRANKFORT--A bill that would replace hardship licenses for DUI offenders with an “ignition interlock license” if an ignition interlock device is installed on an offender’s vehicle passed the House today by a vote of 96-0.

House Bill 60, sponsored by Rep. Dennis Keene, D-Wilder, now goes to the Senate for consideration.

An ignition interlock device is a breathalyzer-type device installed in a dashboard that keeps a vehicle from starting if the driver’s breath alcohol concentration level meets or exceeds 0.02.

Before being eligible for a license tied to an ignition interlock device—which the DUI offender would have to pay for—an offender would have to be enrolled in, or already have completed, an alcohol abuse treatment program. Anyone who has been incarcerated for DUI for any period of time would be allowed to apply for an ignition interlock license, according to the bill.

Ignition interlock licenses would not be granted for use in commercial motor vehicles under HB 60. Only noncommercial vehicles and motorcycles would apply.

HB 60 would also increase the time for driver’s license revocation for a first DUI within five years from the current 30 days to 120 days to a minimum of six months and maximum of nine months. It would also require revocation of the ignition interlock license of anyone who has violated the terms of the license, or require that a camera or other monitoring device be installed along with the device in that person’s vehicle.

Continuing to drive when an ignition interlock license has been revoked would be a Class A misdemeanor. An offender who drives without court-ordered identification or monitoring would be guilty of a Class D felony and have his or her license revoked for a longer period of time.

Keene said HB 60, which is similar to legislation he has sponsored in past sessions, could save 60-75 lives every year by limiting drunk driving accidents. He explained that the devices are affordable and preserve an offender’s “privilege” to drive.

“For the cost of a pack of cigarettes a day, the offender is given the privilege—not the right, but the privilege—to drive on own roads,” said Keene.

-END-

February 25, 2015

Senate approves KEES award bill

FRANKFORT -- A bill that would allow students to use Kentucky Educational Excellence Scholarship (KEES) money during high school was unanimously approved by the Senate today.

Senate Bill 110, sponsored by Sen. Max Wise, R-Campbellsville, would allow Kentucky juniors and seniors earning college credit through dual-credit courses to use KEES money they’ve earned to pay for up to six college credit hours.

Making a dual-credit course more readily available provides many benefits, Wise said.

“It can improve college and career readiness,” he said. “It can increase participation in postsecondary education. It can reduce postsecondary degree time. And it also can increase participation among low income and underserved populations.”

SB 110 passed the Senate unanimously. The bill now goes to the House of Representatives for consideration.

--END--

February 25, 2015

Human trafficking bill approved by House committee

FRANKFORT—A bill that would step up prosecution of those who pay for sex with Kentucky’s child human trafficking victims was approved today by the House Judiciary Committee.

House Bill 515 sponsor House Majority Caucus Chair Sannie Overly, D-Paris, said prosecution of those who pay for sex with child human trafficking victims is difficult because abusers often claim they thought the child was over age 18—an adult, under the law--to avoid prosecution under the state’s human trafficking laws.

HB 515 would change that, ensuring those who pay for sex with a child prostitute cannot claim ignorance of the child’s age as a defense from prosecution for human trafficking.

Ernie Lewis with the Kentucky Association of Criminal Defense Lawyers spoke against the bill in committee, saying it is too broad. “What HB 515 does is take away the defense so even through (an) 18-year-old boy believes a person is of age, he can’t defend himself with that…and he’s facing 10 to 20 years in prison,” which can’t be probated, said Lewis. “That’s the effect of this bill.”

Overly, who has successfully sponsored others human trafficking bills in recent sessions, said the bill addresses “egregious crimes against children.”

HB 515 supporter Warren County Commonwealth’s Attorney Chris Cohron said what the bill does is put the onus on the person buying sex to make sure that a prostitute is, in fact, an adult. “Are you dealing with a child, or are you dealing with an adult?” is what Cohron said the bill attempts to ask.

Prostitution is illegal in Kentucky, but it is a misdemeanor whereas human trafficking-- which includes coerced or forced adult prostitution and the selling of children for sex or other purposes-- is a felony

HB 515 now goes to the full House for consideration.

-END-

February 24, 2015

Phone deregulation bill clears House

FRANKFORT—A landline phone deregulation bill that supporters believe will lead to more investment in broadband and advance communication networks in Kentucky has cleared the House on a vote of 71-25.

House Bill 152 sponsor Rep. Rick Rand, D-Bedford, described the legislation as a “business-friendly” bill that would encourage investment modern technology.

“It does move Kentucky forward,” said Rand of HB 152. “It moves Kentucky in the right direction in encouraging increased investment in our state’s broadband infrastructure—investment that is vital to economic development, competitiveness, and job creation.”

Rand told the House that HB 152 would end Public Service Commission landline regulation in urban areas where newer technologies are widely available, ensure voice service is available in rural areas, and allow customers in rural areas to keep basic landline service or transition to newer voice technologies.

An amendment, also sponsored by Rand, that was approved by the House would give rural customers 60 days—rather than the 30 days allowed in the original bill—to transition back to landline service from a newer technology should they desire to do so. It would also clarify which company owns which landlines, clarify that FCC rules protecting rural health-monitoring devices and related services cannot be changed by the state, and recognizes phone exchanges in place as of Jan. 1, 2015.

Several other amendments filed to the bill were defeated. The sponsor of one of those amendments, Rep. Larry Clark, D-Louisville, said HB 152 is geared toward “total deregulation of this industry.” His floor amendment, defeated by a vote of 28-59, would have guaranteed landline service for all remaining 11,000 or so landline customers left in Kentucky’s urban exchanges as long as they live in their homes

Rand said the amendment would have gutted the bill by denying Kentucky’s telecommunications companies the ability “to move from old technology to new technology.”

HB 152 now goes to the Senate for consideration.

--END--

February 24, 2015

Distributor bill approved by House

FRANKFORT— A bill passed the House by a vote of 67-31 today that would affirm that the state’s three-tier system of regulating alcoholic beverage producers, distributors and retailers applies to beer.

“All this bill does, when boiled down to its simplest terms, is bring into compliance with current law that exists for wine and distilled spirits that law that would deal with distribution of beer,” said House Bill 168 sponsor House Speaker Greg Stumbo, D-Prestonsburg.

Stumbo called the bill a “re-regulation bill” prompted by a recent court decision. That decision has allowed Anheuser-Busch to retain its distributorships in both Louisville and Owensboro. Stumbo said HB 168 would ensure the three-tiered system—which requires that the production, wholesaling/distribution, and retailing of beer, wine, and spirits be separated—applies to all beer brewers.

“The three-tier system isn’t being applied equally and fairly,” said Stumbo.

Opponents to the bill included Rep. Adam Koenig, R-Erlanger, who offered an amendment to HB 168 that would exempt Anheuser-Busch’s Louisville and Owensboro distributorships from the legislation. Koenig said his amendment, narrowly defeated by a vote of 43-45, would have “put a fence around what exists today and grandfathers in the franchises owned by Anheuser-Busch in both Louisville and Owensboro.”

Koenig said that he “cannot in good conscience vote for a bill that requires Anheuser-Busch to divest themselves of their holdings of two distributorships, one that they’ve owned since 1978.”

Another amendment, sponsored by Rep. David Floyd, R-Bardstown, was also defeated. That amendment, defeated by a vote of 29-51, would have allowed Kentucky-based brewers and microbreweries to distribute their own product.

-END-

February 24, 2015

Animal cruelty bill heading to House floor

FRANKFORT— Failing to provide adequate shelter and potable water for domestic pets would be considered second-degree animal cruelty under a bill that passed the House Judiciary Committee today.

House Bill 177, sponsored by House Speaker Greg Stumbo and Rep. Jeff Greer, D-Brandenburg, would not affect hunting, fishing, field dog trials, and several other activities included in the bill. It would also not change standards governing the shelter of livestock, which is regulated by the state Board of Agriculture.

Second-degree cruelty to animals is a misdemeanor crime in Kentucky.

HB 177 now goes to the full House for its consideration.

-END-

February 23, 2015

KTRS bond bill clears House, heads to Senate

FRANKFORT—A House proposal to authorize $3.3 billion in bonds to reduce the unfunded liability of the Kentucky Teachers’ Retirement System’s pension fund is heading to the Senate.

House Bill 4, sponsored by House Speaker Greg Stumbo, D-Prestonsburg, was approved in the House today on a 62-31 vote. The bill needed 60 votes to pass the House because it proposes authorization of funds in an odd-year, or non-budget, legislative session.

The bill would authorize the Kentucky Asset/ Liability Commission to issue the bonds in fiscal year 2015-2016 to reduce the system’s growing $14 billion unfunded liability. Supporters say the bonds, along $116.7 million already budgeted for now-completed state improvements, would help the teachers’ pension system pay off its unfunded liability over 30 years.

Stumbo said before a committee vote on HB 4 earlier this month that the bill is expected to guarantee the solvency of the pension fund to 2035 and beyond.

An amendment offered by Rep. Brad Montell, R-Shelbyville, was defeated by a vote of 43-52. Had it passed, the amendment would have authorized $520 million in bonds—the same amount, said Montell, that would be bonded in the first year under the original bill-- to fully pay the actuarially required contribution to the KTRS pension fund for one year. It would have also required the state Public Pension Oversight Board to study the issue during that year to “see what can be done not only to provide funding, but to address the other issues that could be driving the unfunded liability.”

The amendment would have made the teachers “whole,” Montell said. “They get everything they (would get) in the big bond for the first year. It gives us time to do some work.”

Stumbo called the amendment “a Band Aid for a bigger wound,” and said that the larger bond issue is needed. “We’ve got to do something to fix the bigger wound,” he said.

--END--

February 23, 2015

Early childhood ratings bill passes House

FRANKFORT- Early care and education programs would be mandated to follow a state quality-based rating system under a bill passed today by the Kentucky House of Representatives.

House Bill 234, sponsored House Education Chair Derrick Graham, D-Frankfort, would require state agencies to work with early care and education providers to develop and fully phase in the system for child-care and certified family child-care homes, state funded preschool, and Head Start by June 30, 2017.

Funding for the program would come from the state’s Race to the Top Early Learning Challenge Grant. Graham explained that the bill would require a report be submitted annually to state lawmakers which, among other things, would include recommendations for the “long-term viability” of the system when federal grant dollars run out.

An amendment to the bill offered by Rep. Addia Wuchner, R-Florence, was narrowly defeated by a vote of 47-50. Had it passed, the amendment would have: sunset the rating system at the end of calendar year 2017 (unless extended by the General Assembly); restricted the use of state monies for the rating systems once federal funds are gone, and; required the state to report plans for continuing the system when federal money is no longer available.

Wuchner said the amendment was a “responsibility measure” to require the state to consider what funding would be needed to continue a mandated system that, under current law, is voluntary.

HB 234 passed the House by a vote of 81-16. It now goes to the Senate for consideration.

-END-

February 23, 2015

Accident victim solicitation bill clears House panel

The House Labor and Industry Committee today approved a bill that would prohibit health care providers or their agents from soliciting business from motor vehicle accident victims in the days immediately following a wreck.

Violators of House Bill 153, should it become law, would face sanctions from their licensing or regulatory agencies according to the bill’s sponsor, Rep. Jim Gooch, D-Providence.

Gooch said most drivers have basic, no-fault personal injury protection which helps cover accident-related medical bills and other costs. The problem, he said, is some providers are “fraudulently” gaining from that coverage, which hurts accident victims.

“They’re taking up money that could go to things that the insured needs a lot more than…someone trying to get them to run up a lot of medical bills,” said Gooch.

Attorney Don Cox, whose law firm successfully fought to invalidate a 2011 law that HB 153 seeks to replace, said he expects that HB 153, if passed, will also be invalidated. “There are still huge problems with this bill, as it’s written, that will not be overcome in court,” he said.

The bill, which was amended by the committee, now goes to the full House for consideration.

-END-

February 20, 2015

This Week at the State Capitol

Kentucky General Assembly’s 2015 session passes halfway mark

FRANKFORT -- There are milestones in each General Assembly session.

This week’s arrival of the mid-point of the 2015 session is a noteworthy one. The halfway mark is a natural place to look back at the first half of the session and consider what’s been accomplished.

Reviewing how busy the early days of this year’s session were serves as a reminder that while there are familiar milestones in each session, there are also hallmarks – distinguishing characteristics that set one session apart from another.

This year’s hallmark may be the unusually high number of major bills that took steps forward during the first half of the session.

Senate priorities that have already been voted through that chamber include measures on right-to-work laws, exempting school construction from prevailing wage requirements, increased informed-consent requirements for women seeking abortions, telecommunications deregulation, charter schools and anti-heroin efforts.

The House, too, passed its own anti-heroin measure, as well as bills on a proposed statewide smoking ban in public places, felon voting rights, local option sales taxes, a minimum wage increase and protections against dating violence.

The Capitol was quieter this week than it was during some of the earlier days of the session. The winter storm that caused closings and hazardous driving conditions across the state also disrupted the General Assembly schedule in the days following the Presidents’ Day holiday.

The Senate gaveled into session on Thursday and took up measures including a bill that targets Kentucky’s high rate of colon cancer. Senate Bill 61 would remove barriers to some colon cancer screenings by clarifying that a fecal test to screen for colon cancer and any follow-up colonoscopy is preventive care and should be covered by medical insurers.

Similar legislation is moving through the state House.

This week’s Senate activity also included passage of legislation that could boost computer coding lessons in Kentucky schools. Senate Bill 16 is aimed at improving resources and support for computer programming in schools across the state. Supporters note that job opportunities in the coding industry will be plentiful in years to come since the U.S. is expected to have a million less coders than needed by 2020.

Bills that have moved far enough along in the process to possibly receive votes in the full House soon include a measure to crack down on illegal dog-fighting rings and a proposal to issue $3.3 billion worth of bonds to shore up the Kentucky Teachers Retirement System.

With so many big issues moving through the Legislature, it’s an important time for citizens to stay in touch with lawmakers and share their views on the issues that will be voted on in the days to come. There are several easy ways citizens can provide their feedback to the General Assembly.

You may also write any legislator by sending a letter with the lawmaker’s name to: Capitol Annex, 702 Capitol Avenue, Frankfort, Kentucky 40601.

--END--

February 20, 2015

Senate passes bill promoting computer programming

FRANKFORT – Linux 2.6.10-grsec+gg3+e+fhs6b+nfs+gr0501+++p3+c4a+gr2b-reslog-v6.189.

This sample of basic computer code might look like gibberish to many, but Sen. David P. Givens wants to ensure Kentucky’s youth can read it.

The Republican from Greensburg was the sponsor of Senate Bill 16, which passed the state Senate today by a unanimous vote. Givens said the goal of his legislation is to focus educators on improving resources and support for computer programming in public schools.

The legislation was changed in committee to remove a provision that would have counted computer programming as a foreign language credit in public schools in hopes of it gaining support in the state House, Givens said. He sponsored similar legislation last year that died in the House after opposition for foreign language teachers.

“With that threat to that vital and important group of teachers falling away, I gain some immediate momentum,” Given said.

He said he hopes Kentucky will eventually allow computer programming to count as a core science credit.

“The Kentucky Department of Education has indicated that there are ways they can do this,” Givens said. “They’ve shown some desire to do it, but they haven’t had sufficient motivation to move.”

He said the United States will be short 1 million programmers by 2020, citing a study by Code.org, a consortium of technology companies working together to address the anticipated shortage of computer programmers. Givens said that is a problem because only one school out of 10 offers computer programming.

Sen. Whitney Westerfield, R-Hopkinsville, also sponsored the bill. He said Apple paid $10 billion to developers in 2014 alone.

“It is silly, outright dumb, if we do not push this as a topic students should learn,” Westerfield said. “I would give anything if I knew how to do it myself.

The bill now goes to the state House for consideration.

-- END --

February 20, 2015

State Senate passes judicial redistricting bill

FRANKFORT – The state Senate passed legislation yesterday that would bring the most significant change to the state judiciary since 1976 reforms created a unified state court system that was a model for the nation.

The legislation, known as Senate Bill 49, would ensure judges are assigned to courthouses with the highest volume of cases in the most populous area, said sponsor Sen. John Schickel, R-Union. SB 49 would require the Kentucky Supreme Court to conduct judicial redistricting, based on population and caseloads, on the same years as legislative redistricting.

Schickel said Kentucky’s judiciary system, one of the three co-equal branches of government, has not been redistricted for six decades. He said that has caused backlogs of cases in growing urban areas that potentially deny citizens speedy and equal justice.

“Think about if … we were still representing the same districts that our predecessors represented 60 years ago,” Schickel said in a floor speech. “It would be completely unacceptable and completely unfair, but this is exactly the case … with our judicial system today and it demands our attention.”

Schickel acknowledged the complexities of redistricting.

“Make no mistake about it. This will not be easy. It never is. We certainly know that from experience,” he said in reference to the tribulations of legislative redistricting. “But it is necessary if we are to have equal justice under the law in the Commonwealth of Kentucky.”

Sen. Robin L. Webb, D-Grayson, explained that she favored the concept of judicial district but language in SB 49 caused her to cast a “pass” vote.

She said just looking at caseloads and population would not accurately predict how the busyness of any particular judge. Webb said the matrix for judicial redistricting should include the complexity of cases, adding that some judges have more time-consuming death penalty and personal injury cases.

Schickel indicated Webb’s concerns would be address in a study being conducted on judiciary redistricting that was funded by the state legislature last year.

The bill now goes to the state House for consideration.

-- END --

February 19, 2015

Electronic gaming issues taken up by Senate panel

FRANKFORT – How technology is revolutionizing gambling and threatening traditional bingo and state lotteries was evident today at a hearing of a state Senate committee designated to examine such issues.

The Senate Committee on Licensing, Occupations and Administrative Regulations approved three bills designed to do everything from curtail online gaming to allowing nonprofit bingos to compete in the computer age. The bills now go to the full Senate for consideration.

Senate Bill 28 sponsor Sen. Mike Wilson, R-Bowling Green, said his legislation is intended to make clear in the law that “Internet cafes” are illegal. The cafes are for-profit businesses that sell Internet access for a chance to play computer-based, casino-style games in which customers can win cash prizes.

Wilson said the café’s advertise they are “better than bingo.” Non-profit bingos in his district have seen revenues decline as much as 40 percent because of the competition, he said.

Bryanna Carroll, of the Kentucky League of Cities, testified that Internet cafes are located in buildings that contain banks of computers with Internet access. She said each purchase entitles the customer to a certain number of sweepstakes entries. The customer then determines whether the sweepstakes entries are winners by logging onto a computer.

“While the general consensus is these operations violate Kentucky law, there is some disagreement among those in the municipal law community,” Carroll said. “This uncertainty has made it extremely difficult on Kentucky cities to regulate ahead of their opening.”

She said many of the cafes often present business license applications that appear to show valid and legitimate business purposes.

Officials from Kentucky cities have seen an increase in these businesses throughout the state – often in cities bordering Tennessee, Indiana and Ohio. Carroll said she attributes the increase in those regions to other states prohibiting Internet cafes. Wilson said the Bowling Green region has six Internet cafes.

Senate Bill 33 sponsor Tom Buford, R-Nicholasville said his legislation would legalize the electronic versions of pull-tab bingo tickets that have become staples of church festivals and other charity events across Kentucky.

Lancaster Bingo Company President Johnathan Smith testified about the electronic version of the pull-tab game while holding up a computer tablet featuring the game. He said many charities across Kentucky have expressed interest in the electronic game.

Willie Byrd, executive director of Options Unlimited in Shepherdsville, operates one such charity. He said it appeals to a younger demographic and would give his organization tighter control of the money that exchanges hands at bingos.

Plus, Byrd added, it is more environmentally friendly.

“Every night we kill several trees at bingo,” he said.

Senate Bill 134 sponsor Jimmy Higdon, R-Lebanon, a retired grocer, said his legislation would prohibit people from purchasing Kentucky Lottery tickets over the Internet with a credit card.

Higdon said buying tickets online is a direct competition to retailers who sell lottery tickets. Those retailers get a five percent commission on lottery sales. It is also generates foot traffic into a business, Higdon said.

Kentucky Lottery Corporation President Arch Gleason testified if the legislation became law it would create a “serious impediment” to the anticipated rollout of the iLottery in Kentucky.

Kentucky will soon launch iLottery, the online sale of lottery tickets. New technology allows the lottery corporations to restrict Internet sales to people who are physically in Kentucky while on the Internet.

Under Higdon’s legislation, an iLottery player would need to purchase a Kentucky Lottery pre-paid debit card from a lottery retailer to play the new online game.

Gleason said the goal of iLottery is not to hurt lottery retailers. He too cited the desire to reach new younger players.

“We will be mindful of the retailer,” Gleason said. “There is plenty of proof it has not been a detriment to retail sales in the few states that have gone forward.”

-- END --

February 19, 2015

Senate passes bill targeting Kentucky’s high rate of colon cancer

FRANKFORT – In what has been described as Kentucky’s “prescription” to save lives and money, the state Senate passed a bill today designed to remove barriers to colorectal cancer screening.

Known as Senate Bill 61, it would clarify that a fecal test to screen for colon cancer, and any follow-up colonoscopy, is preventive care and should be covered by medical insurers, said Sen. Ralph Alvarado, R-Winchester, the sponsor of the bill.

Similar legislation is moving through the state House.

Alvarado, who is a family physician, said the problem is that insurers often do not pay their share for follow-up colonoscopies if blood is detected in the preventive-care fecal testing. He called that ironic because the same insurers will pay the more expensive and evasive colonoscopy if a patient opts not to do a fecal test.

-- END --

February 18, 2015

Weather prompts change to Legislative Calendar

FRANKFORT -- Concerns about the winter storm and hazardous driving conditions have prompted a change in the Kentucky General Assembly’s Legislative Calendar for Thursday, February 19.

Under the change, the House of Representatives is not scheduled to convene tomorrow.

The Senate is scheduled to go into session tomorrow at 2 p.m.

Up-to-date Legislative Calendar information can be found online at www.lrc.ky.gov/legislative_calendar/index.aspx.

--END--

February 16, 2015

Kentucky Senate and House will not meet in session tomorrow

FRANKFORT – Due to inclement weather and concerns about hazardous road conditions, the Kentucky Senate and House of Representatives will not convene on Tuesday, February 17.

Tuesday’s legislative committee meetings have also been canceled.

As of now, both chambers are scheduled to convene on Wednesday, February 18, with the Senate going into session at 2 p.m. and the House at 4 p.m.

--END--

February 13, 2015

This Week at the State Capitol

Major issues seeing quick movement in Frankfort

FRANKFORT – Heading into the 2015 session, many Capitol observers noted that lawmakers were facing a particularly heavy agenda. Major legislation was expected on issues like heroin abuse, the minimum wage, a local option sales tax, prevailing wage, telecommunications deregulation, dating violence, the teachers’ retirement system, charter schools and a proposed statewide smoking ban in public places.

Today, just 13 working days into the session, votes have already been cast on each of these issues and dozens of others. Bills are moving through the committee system and, in many instances, have already been approved by one chamber and sent to the other for consideration.

No bill has yet been sent to the governor for his signature. But at the pace lawmakers are moving, it won’t be a surprise if the first new state law of 2015 arrives soon.

Bills that took steps forward today alone include an anti-heroin bill, smoke-free legislation and a proposal to permit a new lottery game that would be based on the results of live horse racing.

Today’s anti-heroin bill, House Bill 213, would create more treatment options for addicts while establishing tiered penalties for traffickers, with the greatest prison time for felons who sell over a kilo of the drug. The bill also includes a “good Samaritan” provision that gives immunity to those who call for emergency help when someone overdoses.

The bill would make the rescue drug nalozone more readily available. The drug can reverse the effects of a heroin overdose if promptly administered.

HB 213 also would allow local governments to set up needle exchange programs to stave off Hepatitis C and HIV infection from shared needles.

The measure now goes to the Senate for consideration.

HB 213 is the second anti-heroin bill to pass a legislative chamber this year. Senate Bill 5 was approved by the Senate last month and is currently awaiting consideration in a House committee.

Another high-profile issue that surged forward today would establish a statewide smoking ban in restaurants, bars and other public places.

House Bill 145, which passed the House on a 51-46 vote, would prevent smoking within 15 feet of enclosed public areas and workplaces. The bill includes exemptions for private clubs, cigar bars and tobacco shops.

Private residences would be unaffected by the proposal except in areas used for paid lodging, childcare, adult care, or health care.

HB 145 now goes to the Senate for consideration.

In the Senate today, members voted to advance Senate Bill 74, a proposal that would allow the Kentucky Lottery to begin selling a game of chance based on live horse racing.

If it becomes law, the measure would make Kentucky the first state to sell tickets for a game known as “EquiLottery.” It is like most lottery games, except the winning numbers are determined by the outcome of a horse race. For EquiLottery to remain a pure game of chance, numbers would be randomly picked by a computer rather than by players.

SB 74 now goes to the House for consideration.

You may also write any legislator by sending a letter with the lawmaker’s name to: Capitol Annex, 702 Capitol Avenue, Frankfort, Kentucky 40601.

--END--

February 13, 2015

Smoking ban bill clears House hurdle

FRANKFORT—A bill that would ban smoking and use of e-cigarettes both indoors or within 15 feet of public places and workplaces statewide passed the Kentucky House today by a vote of 51-46. It now goes to the Senate for consideration.

“I’m acutely aware that the issues we vote on in this General Assembly impact not just the people in our backyard but throughout the entire state,” said House Bill 145 primary sponsor Rep. Susan Westrom, D-Lexington, who told her colleagues that she rejected the idea of statewide smoking restrictions 14 years ago in her early years as a state lawmaker.

Westrom said the fact that 950 people die each year in Kentucky from illnesses cause by second-hand smoke helped change her mind, leading her to begin filing smoke-free bills five years ago.

“This bill just requests that a smoker step outside 15 feet (from a workplace or public building). Fifteen feet isn’t too much to ask,” she said.

HB 145—also referred to as the “Smokefree Kentucky” bill—as amended today would create a fine (with no court costs) of $25 for individuals and $50 for each business violating the proposed ban—a significant reduction of fines proposed in the original bill. It would also carve out exemptions from the proposed ban for private clubs, facilities that do tobacco marketing research, and cigar bars and tobacconists that can prove their tobacco sales are at least 10 percent of their gross annual sales.

Private residences would be unaffected by the proposal except in areas used for paid lodging, childcare, adult care, or health care. Any location where smoking or use of e-cigarettes is prohibited would have to be clearly marked with a no smoking sign at each entrance.

The bill as amended also clarifies that HB 145 would not repeal existing local ordinances or regulations that restrict smoking, and would not prevent localities from passing more restrictive rules.

Two proposed amendments to the bill that were defeated include a proposal by Minority Caucus Chair Stan Lee, R-Lexington, that would have exempted e-cigarettes from the proposed ban and clarified that e-cigarette use is not prohibited by the bill. Lee said e-cigarettes, which contain nicotine but not tobacco, can help smokers get off cigarettes.

“I will tell you that e-cigarettes helped my father quit smoking. That’s what they were invented for,” he said. The amendment was defeated by a narrow vote of 46-49. Also narrowly defeated (44-45) was a proposed amendment by Rep. Jim DuPlessis, R-Elizabethtown, that would exempt labeled and ventilated “smoking establishments” from proposed ban.

Rep. Tanya Pullin, D-South Shore, said local governments have some time to craft and pass smoking ordinances acceptable to their constituencies before HB 145, if passed into law, would take effect later this year. Westrom agreed, clarifying that local ordinances would take precedence under the bill as amended.

-END-

February 13, 2015

House heroin bill heading to Senate

FRANKFORT— A bill that would use both treatment and incarceration to reduce the devastating effects of the heroin trade in Kentucky today passed the House by a vote of 98-0. The bill now goes to the Senate.

House Bill 213 would create more treatment options for addicts while establishing tiered penalties for traffickers, with the greatest prison time for those felons who sell over a kilo of the drug. The bill also includes a “good Samaritan” provision that gives immunity to both those who call for emergency help to help someone who overdoses.

The bill also makes the rescue drug nalozone more readily available. The drug can reverse the effects of a herion overdose if promptly administered.

The bills also would and allow local governments to set up needle exchange programs to stave off Hepatitis C and HIV infection from shared needles.

The Senate has also taken up an anti-heroin measure this year. The chamber approved Senate Bill 5 on Jan. 8 and sent the measure to the House for consideration.

Recent news reports indicate that there were nearly 200 deaths caused by heroin overdose in the Commonwealth in the first nine months of 2014.

-END-

February 13, 2015

KY Senate places bet on horse racing themed lottery

FRANKFORT – A bill authorizing the Kentucky Lottery to begin selling a game of chance based on the results of live horse racing cleared the state Senate today.

“There is no secret that our signature horse race industry has experienced serious decline over the last two decades due to the lack of exposure,” said Sen. Julie Raque Adams, R-Louisville, who sponsored the legislation, known as Senate Bill 74. “Even in Kentucky it is not readily accessible. Online wagering does not reach beyond the committed horse player, and most Kentuckians do not live near a race track … .”

For $2, players would receive one ticket containing three numbers randomly selected by a computer, Adams said. The winner would be determined by the outcome of a predetermined horse race and not ping-pong balls falling randomly down the chute.

“Senate Bill 74 is a new innovative way to engage in the lottery, promote one of our signature industries and help Kentucky students,” Adams said in reference to the fact state lottery proceeds go toward education.

Of the $2 lottery play, $1 would go to the lottery corporation. The remaining half would go into the track’s pari-mutuel pool, with the track taking its customary cut or takeout rate. The lottery winner would receive whatever the exotic wager pays at the track plus a bonus payoff that would be determined by how many lottery players hit the bet.

Representatives of the Kentucky Thoroughbred Association, Horsemen’s Benevolent and Protective Association and Thoroughbred Owners and Breeders Association all testified in support of the SB 74 on Tuesday before the Senate Committee on Licensing, Occupation and Administrative Regulations.

While no such hybrid lottery game is offered in North America, EquiLottery CEO Brad Cummings has developed one that he has been trying to sell to state lotteries across the country. He has testified at least twice before legislative committees in recent months about the proposed game, named EquiLottery.

Cummings said that EquiLottery’s cut, based on $25 million in annual Kentucky-based revenue from the game, would be $250,000-$500,000 for patent rights and administrative costs.

The bill now goes to the state House for consideration.

-- END --

February 12, 2015

Major House proposals forwarded to Senate

FRANKFORT—Two proposed amendments to the Kentucky Constitution and a bill to give immediate protections to dating violence victims passed the state House tonight and are on their way to the Senate.

House Bill 1, sponsored by House Speaker Greg Stumbo, D-Prestonsburg, and House Minority Leader Jeff Hoover, R-Jamestown, is a proposed constitutional amendment that would allow statewide voters to authorize state lawmakers to give local voters the right to approve up to a one-cent temporary sales tax on agreed-to local projects. The other, HB 70, sponsored by Rep. Darryl Owens, D-Louisville, and Rep. George Brown, Jr., D-Lexington, would allow statewide voters to decide on the automatic restoration of voting rights for certain non-violent felons who have served their sentence.

HB 8, sponsored by Rep. John Tilley, D-Hopkinsville, and Rep. Joni Jenkins, D-Shively, would, for the first time under Kentucky law, allow dating couples to receive immediate civil protection from domestic violence, sexual abuse, or stalking in the form of an “interpersonal” protective order. It would also streamline the process to obtain protective orders for other victims, and would allow an order to be expunged from someone’s record if the order is dismissed by a judge.

HB 1 passed on a vote of 62-35 and HB 70 passed on a vote of 86-12. HB 8 passed by a vote of 98-0. All three proposals now go to the Senate for its consideration.

HB 1, unofficially called the “LIFT bill” for the name of its advocacy group Local Investments For Transformation (LIFT), would add Kentucky to the list of 37 other states that allow for a local option sales tax for specified projects, should local voters agree to the levy. Stumbo said the amendment could free up state dollars for required services like education by allowing local communities to cover the cost of local projects themselves.

Hoover added that a local option sales tax could only be levied with “direct consent” of those affected, not to exceed one percent per dollar for specific projects. “I have been a supporter of this idea from the beginning because I view this… as democracy at its best, where local people make a decision on what they want to do,” he stated.

Rep. Mike Harmon, R-Danville, proposed an amendment to HB 1 that would prohibit the use of tax dollars to promote a referendum on a capital project in association with the legislation. That amendment was defeated by a vote of 38-53.

Following the passage of HB 1, the House also voted 57-38 to approve HB 344, sponsored by Rep. Tommy Thompson, D-Owensboro, which would set requirements for a local option sales tax levy should the proposed amendment allowing such a tax be approved during the Nov. 2016 general election. If approved, HB 344 would take effect on Jan. 2017.

Legislation similar to HB 70, the felons’ voting rights bill that passed the House today, has been filed in the House for at least nine years, but has not yet won the support of both chambers needed to put the issue on a statewide ballot.

Before passing HB 70, the chamber voted 37-57 to reject a proposed amendment to the bill filed by Harmon what would have required felons to wait three years to have their voting rights restored, unless the person has been pardoned.

“It’s time for HB 70 and for Kentucky to come out of the dark ages,” Brown said of the measure.

During often somewhat emotional debate on HB 8, Tilley said Kentucky would become the last state in the U.S. to include domestic violence protections for dating couples in its statutes should HB 8 become law. Only victims who are married to their abuser, have lived or currently live with the abuser, or who share a child with the abuser can file for protective orders under current Kentucky law.

The measure passed the chamber with an amendment filed by Rep. Thomas Kerr, R-Taylor Mill, that would allow protective orders issued on the basis of domestic violence and abuse to be referred to by the court as “emergency protective orders” and “domestic violence orders.” It would take effect in Jan. 2016 should it become law.

One concern with HB 8 voiced by Rep. Donna Mayfield, R-Winchester, who ultimately voted for the bill, is that the orders may be used in spats between teenage couples. “I just fear that this (could) open the floodgates to some situations that dilute the purity of the way we have it in the courts right now,” said Mayfield.

Tilley said persons under age 20 are “four times” more like to be abuse by a partner than others.

“The purpose of this bill,” he said, “is to protect lives.”

-END-

February 12, 2015

Pediatric cancer research bill personal for one Senator

FRANKFORT – October 16, 2006, was supposed to be a great day for Sen. Max Wise’s family. His wife was having the grand opening of her dental office in Campbellsville.

It was also the day Wise had to take his 6-month-old son, Carter, to the pediatrician. Two days before, Wise’s wife had found a golf ball-size budge on Charter’s abdomen while bathing the infant. Wise wasn’t too worried; Carter just received a clean bill of health during a routine checkup.

After examining the budge, however, the pediatrician looked up at Wise and said, “Does cancer or tumors run in your family?”

That is how Wise, who began his first term in the state Senate last month, described finding out Carter had cancer. Wise, R-Campbellsville, was speaking today before the full Senate in support of Senate Bill 82. The legislation, which Wise sponsored, would allow state residents to donate their income tax returns directly to pediatric cancer research via a check box on the front of state tax forms.

“All of a sudden my stomach hit the ground,” Wise said of hearing the cancer diagnosis.

But on that Monday, with her grand opening celebrations continuing, Wise walked across the street to his wife’s dental office with the car seat in tow. The judge-executive and mayor were still there.

“I had to pull my wife to the side to tell her our son has cancer,” Wise said.

The cancer formed in Carter’s adrenal gland and it had spread to his liver, bone marrow, clavicle, skull and a lesion in his vertebrae. He was rushed into surgery to remove the adrenal gland. Immediately following that, the Wise family became temporary residents of Kosair Children’s Hospital in Louisville. They spent the next Thanksgiving, Christmas and countless other days at the hospital.

Carter went through seven surgeries all throughout his body. His last surgery removed half of his liver.

“He has been poked,” Wise said. “He has been prodded. He has been tested. He has become a national study. And he has become the face of children’s cancer – and I’m a cancer dad.”

Wise said Carter is now doing well. He turns 8 next month.

“It is my hope one day that when a parent hears the news, ‘your child has cancer,’ it is followed with ‘but we found a cure,’” Wise said. “That is what this bill is about.”

Sen. C.B. Embry Jr., R-Morgantown, said his first grandchild was 8-months-old when she was diagnosed with cancer in 1992.

“Medicine had not developed as far along as it has today,” he said. “After 15 months at Kosair, we lost little Heather.”

Sen. Dennis Parrett, D-Elizabethtown, said he too was a parent of what he affectionately called a “Kosair Kid.”

“What (Wise) is doing with this income tax refund check off is a wonderful thing for our infants and families in Kentucky,” Parrett said.

SB 82 passed by a unanimous vote followed by a round of applause in the state Senate chambers. The bill now goes to the state House for consideration.

-- END --

February 11, 2015

Senate panel answers call for telecommunications reform

FRANKFORT – A bill to reform telecommunication regulations to reflect the declining use of landlines in favor of new technologies passed the Senate Committee on State and Local Government today.

Known as Senate Bill 3, the legislation would remove requirements that telephone companies offer basic landline service to everyone so the money used to maintain that old technology can be used to increase Internet and mobile phone access, said Sen. Paul Hornback, R-Shelbyville. He sponsored the bill along with Majority Floor Leader Sen. Damon Thayer, R-Georgetown.

AT&T Kentucky President Hood Harris testified at the committee hearing in support of the legislation, often referred to as the AT&T bill.

“I appreciate the opportunity to be here today to address the continuing need to begin modernizing Kentucky’s communications laws,” he said. “As you know, we have been discussing this need for several years now. The result of those discussions is the bill that you have before you today.”

Harris said more than 80 percent of all Kentucky voice connections are over something other than traditional landlines.

“Even more Kentuckians want to make this transition but they cannot because every day investment in the new technologies Kentuckians want and need is passing us on the way to neighboring states that already have modernized their laws,” he said. “We are already behind. We are falling further behind every day and we will continue falling further behind until we encourage this investment to come to Kentucky by modernizing our laws.”

Harris said SB 3 reflects “serious compromise” on all sides of the issue and encourages investment in much needed technology while protecting customer rights.

Committee Chairman Sen. Joe Bowen, R-Owensboro, and Sen. Stan Humphries, R-Cadiz, asked whether everyone would be guaranteed phone access under SB 3.

“First, if you live in a rural area and have a traditional phone line you can keep it,” Harris said. “If you live in an urban area you also have significant layers of protection in this bill. Competition in urban areas is vibrant.”

He said legislation much more comprehensive than SB 3 has been passed in 17 of the other 20 states where AT&T operate as a landline carrier, and no person in an urban or rural area has lost a landline.

The Federal Communications Commission recently made clear that companies like AT&T cannot stop offering legacy voice service in urban or rural areas, without the FCC’s permission, Harris said.

“In other words, when this bill … passes both urban and rural customers remain protected,” he said.

Tom Fitzgerald, director of the nonprofit environmental advocacy group Kentucky Resources Council, testified against BB 3. He urged senators to defer action on SB 3 until the FCC finalizes regulations that would ensure the protection of the reliability, affordability and nondiscriminatory access to telecommunications during the transition to Internet communications.

“Today’s law, as we sit here, assures that all Kentuckians, rural and urban, have access to basic local exchange service which is defined by statute to be 911 and traditional operator assistance,” Fitzgerald said. “There is nothing in this bill that will help to bridge the digital divide that exists between urban and rural Kentucky in terms of high speed Internet broadband access. I don’t know why we would want to remove these protections in state law until the FCC finishes its job … .”

Harris said telecommunication companies just want to meet customer demands for Internet and mobile service and the current regulatory structure stifles innovation. He said every month 8,000 Kentuckians switch to new technologies from traditional landlines.

SB 3 now returns to the full Senate for consideration where it has already received two readings.

-- END --

February 11, 2015

Senate panel approves ‘prescription’ for reducing colon cancer

FRANKFORT – A state Senate committee today approved legislation designed to remove barriers to colorectal cancer screening.

Senate Bill 61 would clarify that a fecal test to screen for colon cancer, and any follow-up colonoscopy, is preventive care and should be covered by medical insurers, said Sen. Ralph Alvarado, R-Winchester, the sponsor of the bill. He told the Senate Committee on Health and Welfare that his legislation mirrors a sister bill in the state House.

Alvarado, who is a family physician, said the problem is that insurers often not pay their share for follow-up colonoscopies if blood is detected in the preventive-care fecal testing. He called that ironic because the same insurers will pay the more expensive and evasive colonoscopy if a patient opts not to do a fecal test.

Dr. Whitney Jones testified that SB 61 was a “prescription” to save lives and money in Kentucky. He said over the last decade colon cancer diagnoses are down by more than 25 percent in Kentucky but that the state still leads the nation in colon cancer.

“The sole purpose of this legislation is to create a clarifying law that serves as an unequivocal guide to all parties involved … about what is and what is not covered in colon cancer screening services,” said Jones, a gastroenterologist from Louisville. “Kentucky citizens deserve a broader more accessible access to screening not a narrow restrictive policy that supports other people’s interests.”

SB 61 now returns to the full Senate for consideration.

-- END --

February 10, 2015

Minimum wage bill approved by House

FRANKFORT—The Kentucky House voted today to pass legislation that would gradually raise Kentucky’s government-mandated minimum wage to $10.10 an hour by July 2017.

House Bill 2, sponsored by House Speaker Greg Stumbo, D-Prestonsburg, passed 56-43. It now goes to the Senate for consideration.

Kentucky’s current minimum wage, which is tied to the federal minimum wage, is now $7.25 an hour. HB 2 would increase that rate to $8.20 this July, $9.15 in July 2016, and the final rate of $10.10 the following year.

Stumbo said over 390,000 Kentuckians make less than $10.10 an hour, and that most of those earners are women. He wants to raise the wage gradually to what he called a “living wage” rate of $10.10 an hour as 29 other states and Washington D.C. have done, he told fellow House members. Businesses that gross less than $500,000 a year (up from the current threshold of $95,000 annually) would be exempt from the wage increase.

“The trend across America is to reach out to those minimum wage workers and give them a living wage,” said Stumbo.

The bill would also prohibit wage discrimination based on gender, race, or national origin for equivalent work, with some exceptions allowed for seniority, merit, or productivity.

An amendment to HB 2 that would increase the minimum wage to $8 an hour beginning this July 1 and adjust the rate annually based on the average annual percentage change in the consumer price index was called for a vote by House Minority Leader Jeff Hoover, R-Jamestown. Hoover explained that passing the bill as written could cost the state over 14,000 jobs based on a recent Kentucky legislative staff report.

“So it’s clear--there would be a loss of jobs,” said Hoover.

Stumbo—who challenged the study data cited by Hoover--said the proposed amendment would only buoy the minimum wage for one year. The proposal was ultimately defeated by a vote of 33 to 56.

Those opposing HB 2 included Rep. Tim Couch, R-Hyden, a small business owner who shared a news report that Couch said indicates employment in Kentucky’s eastern coal industry in 2014 was about half of what it was in 2009. “Where I live at, it will devastate it,” he said.

Stumbo said Governor Steve Beshear reports that Kentucky opened 340 new businesses and brought in 15,000 new jobs last year alone. “No one should believe that this bill is going to cost anybody any jobs,” he said.

-END-

February 10, 2015

Bill promotes donation of game meat to charities

FRANKFORT – The state Senate passed a bill today to ensure the continued operation of a nonprofit dedicated alleviating hunger and malnutrition in Kentucky.

Sen. Robin L. Webb, D-Grayson, who sponsored the legislation known as Senate Bill 55, said it would prevent any city, county or any public health department for disallowing the practice of donating game meat. She said the nonprofit Kentucky Hunters for The Hungry already provides 60,000 pounds to 70,000 pounds of mostly deer meat every year that allows food kitchens to serve an additional 560,000 meals.

“This is a wonderful and best use of the resources God gave us,” Webb said.

She said the bill ensures the game meat is harvested in Kentucky, properly field dressed and taken to processors certified by the U.S. Department of Agriculture and the Kentucky Department of Fish and Wildlife Resources.

The tradition of donating game meat started in 1988 after state deer herds had grown beyond carrying capacity in some areas and biologists were encouraging additional doe harvest, Webb said. This led to discussions between avid hunters who wanted to oblige wildlife management but had concerns about what to do with extra venison.

The formal organization Kentucky Hunters for the Hungry was incorporated in July 2000 with the support of the state fish and wildlife department.

SB 55 passed with a 35-0 vote. It now goes to the House for consideration.

-- END --

February 10, 2015

Lottery game based on horse racing clears panel

Goal is to boost lottery sales while reviving interest in horse racing

FRANKFORT – Legislation authorizing the Kentucky Lottery to begin selling a game of chance based on live horse racing cleared the Senate Committee on Licensing, Occupation and Administrative Regulations today.

Senate Bill 74, sponsored by Sen. Julie Raque Adams, R-Louisville, could pave the way for Kentucky to become the first state to sell EquiLottery tickets. It is like most lottery games, except the winning numbers are determined by the outcome of a horse race and not by ping pong balls falling randomly down a chute. For the EquiLottery to remain a pure game of chance, players cannot pick their own numbers. They are randomly picked by a computer, known as a “quick pick” in the lottery industry.

“I’ve never bought a lottery ticket in my life but maybe if it is tied to the given results of a horse race I might,” said Majority Floor Leader Damon Thayer, R-Georgetown, a cosponsor of the bill. “For decades now, horse racing, which is regulated by government, has had to compete with the state government and seen its market share declined because of … the proliferation of the lottery long before there were casinos.”

He called EquiLottery an innovative idea to “marry” horse racing and lotteries.

EquiLottery developer and CEO Brad Cummings told senators the winning numbers in EquiLottery would be determined by one horse race a day, preferably from a Kentucky track. It will not be based on past horse racing results. EquiLottery has developed an application, or app, for mobile phones that will allow players to watch the horse races that will determine the winning EquiLottery numbers.

EquiLottery tickets would cost the player $2 per bet and it would revolve around a particular existing racetrack bet like a trifecta, with the winning numbers at the track the same as the winning lottery numbers.

Of the $2 lottery play, $1 would go to the lottery corporation.

The remaining half would go into the track’s pari-mutuel pool, with the track taking its customary cut or takeout rate. The lottery winner would receive whatever the exotic wager pays in the track plus a bonus payoff that would be determined by how many lottery players hit the bet.

Sen. Tom Buford, R- Nicholasville, asked how much money EquiLottery will make if the bill becomes law. Cummings said his company hasn’t signed a contract with the Kentucky Lottery Corporation but estimated the company stands to make $250,000 to $500,000 per year.

Variations of the proposed game of chance are played in France and Sweden, but nothing like it has been tried in North America.

“I know Cummings is speaking with other regulatory bodies around the country,” Thayer said. “It is my firm belief when it comes to matters of horse racing that Kentucky should lead.”

Sen. Joe Bowen, R-Owensboro, predicted EquiLottery would be a success.

“A lot of people are going to play just by the emails I have received alone,” he said. “If all those people go buy a lottery ticket, it is going to do pretty well.”

Cummings said tracks would benefit by new money flowing into the betting pools from those who otherwise wouldn’t bet on racing.

Among the horse racing industry groups that spoke in favor of the bill was the Kentucky Thoroughbred Owners and Breeders Association.

“We see no downside as far as thoroughbred racing is concerned,” said Chauncey Morris, the executive director of association. “

SB 74 now returns to the full Senate for consideration.

-- END --

February 10, 2015

Dating violence bill clears House panel

FRANKFORT—A proposal that would allow dating couples to seek civil protective orders in cases of domestic violence, abuse, sex abuse, or stalking has passed the House Judiciary Committee.

House Bill 8, sponsored by House Judiciary Chairman John Tilley, D-Hopkinsville, and Rep. Joni Jenkins, D-Shively, now goes to the full House for consideration.

First Lady Jane Beshear said Kentucky is the only state that does not provide immediate civil protections for dating partners—including those who haven’t been married to each other, lived together, or who share a child. An often lengthy criminal proceeding is now the only course of action for someone who has been victimized by a dating partner, she said.

“It’s time to protect our daughters, our nieces, our grandchildren, and our friends,” said Beshear.

Should HB 8 become law, it would take effect on Jan. 1, 2016.

Tilley said statistics show one in four women will be victims of domestic violence, and one in five women nationally have been raped or will be the victim of attempted rape. “At the end of the day, none of us should like those odds,” he said.

Tilley said much of HB 8 is identical to his domestic violence protection bill that was considered but not passed into law last session. The biggest change, he said, is the proposed name of the protective order has been changed from domestic violence protective order to “interpersonal protective order.” Tilley said the orders would provide a standard process for victims to follow and offer protections for dating partners who are victims of stalking, domestic violence, abuse and sexual abuse, among other provisions.

Rep. Robert Benvenuti, R-Lexington, said he believes government’s “limited role” is to protect lives. “This bill provides a commonsense, civil avenue for these issues to be addressed,” he told the committee before voting in favor of the bill.

“So I think it’s a good bill, whether you’re conservative or a liberal it’s a just bill, and it’s time that it be passed,” he said.

-END-

February 10, 2015

KTRS bond bill clears House budget committee

FRANKFORT—A proposal to authorize up to $3.3 billion in bonds to reduce the growing $14 billion unfunded liability of the Kentucky Teachers’ Retirement System’s pension fund cleared the House Appropriations and Revenue Committee today.

House Bill 4, sponsored by House Speaker Greg Stumbo, D-Prestonsburg, would authorize the Kentucky Asset/ Liability Commission to issue the bonds in fiscal year 2015-2016 to reduce the system’s unfunded liability. Combined with existing KTRS funds to pay off bond debt service, the bond issue is expected to help the pension system pay off its unfunded liability over a 30-year period, say the bill’s supporters.

If passed into law, HB 4 is expected to guarantee the solvency of the pension fund past 2035 “and beyond,” said Stumbo, who said he supports the issuance of bonds for the KTRS pension fund in part because of the fund’s successful investment history.

“KTRS’s returns have been higher than we’ve seen in the other systems,” he said, listing the system’s recent investment returns over 20 years. “I think that one can conclusively say that they have managed their investments well and that they’ve done a good job to date. Hence I don’t think it’s improper to consider giving them more money to shore up these funds.”

KTRS general counsel Beau Barnes said the pension fund will be at 72.4 percent funded ration by 2034-2035 should the bill pass.

The pension fund may be a retired teacher’s only retirement income, primarily because teachers are not eligible for Social Security. Rep. John Carney, R-Campbellsville, who is a public school teacher, said he will not receive Social Security. He said bonding could be “part of the equation” to fix the pension system but that he is interested in a “more comprehensive” plan.

“Why are we not looking at other things…while we go through this approach?” said Carney.

Barnes said HB 4 provides a permanent statutory mechanism to ramp up funding needed by the pension plan to reach the full actuarial contribution over eight years. “The current cost to the system is only 17 percent of payroll. It’s the unfunded liability … that we don’t have assets currently to pay for that we are trying to pay off over the 30 year period.”

HB 4 now returns to the full House for consideration.

-END-

February 10, 2015

Local option sales tax proposal clears House committee

FRANKFORT—A House committee has approved a proposed local option sales tax constitutional amendment that, if approved by the state’s voters, could help cities and counties fund local building and infrastructure projects.

House Bill 1, sponsored by House Speaker Greg Stumbo, D-Prestonsburg, and House Minority Leader Jeff Hoover, R-Jamestown, was approved this morning by the House Elections, Constitutional Amendments and Intergovernmental Affairs Committee. It now goes to the full House for consideration.

If passed, the bill would place a constitutional amendment on a statewide ballot allowing state lawmakers to give local governments the power to levy up to a penny of local option sales and use tax for specific projects with local voter approval. The tax would be eliminated when the project is paid off.

“It’s fairly simple,” said Stumbo. “It allows local people to choose whether they want to be taxed. It allows them to make the decision and dedicate the funding sources to a particular project. When the bonds are satisfied then that particular tax goes away.”

Thirty seven states currently allow local governments to use a local option sales tax for local projects, according to HB 1 cosponsor Rep. Tommy Thompson, D-Owensboro.

Rep. Mark Harmon, R-Danville, who has filed a couple of floor amendments to HB 1, questioned language in the legislation that would allow any “residual payments” collected by local governments from the local option sales tax after the levy expires to be used for maintenance of the project.

“To me, that sounds like a clause that says this tax never ends,” said Harmon.

Louisville Mayor Greg Fischer’s representative Sara Massey said the tax would be temporary and that language in the legislation that Harmon questioned deals with late collections coming into local governments after the levy has expired. The funds would not be allowed to go into the state General Fund, according to the proposal.

Fischer – a supporter of the tax option, known in Kentucky as LIFT (Local Investments in Transformation)—said revenue tools available to local governments in the state today are fairly limited.

“As we looked around the country, we saw these (options) were very popular,” he said.

February 6, 2015

This Week at the State Capitol

With more than 100 bills filed in a single day, list of issues under review is growing fast

FRANKFORT – In one of the busiest bill-filing days in recent years, members of the Kentucky General Assembly introduced more than 100 bills in a single day this week.

The parade of bills being formally introduced in the Senate and House chambers on Tuesday marked the resumption of the 2015 legislative session after a three-week break. It’s now clearer than ever that there’s much work to be done in a relatively short amount of time. This year’s 30-day session is considered a short one, in contrast with the 60-day sessions held in even-numbered years.

By the time lawmakers’ completed this week’s work on Friday, the number of bills introduced in both chambers totaled 480. Many of these bills have been in the works for months, and early news reports indicated it would be a busy session. But seeing the list of bills one after the other highlights the point that this year’s array of issues is a particularly diverse one.

A relatively small sampling of the proposals lawmakers are considering this year includes measures to:

increase the state’s minimum wage from the current $7.25 an hour to $10.10 over the next three years.
set up a pilot program to establish up to five charter schools in Louisville and Lexington.
place a statewide ban on smoking in restaurants, bars and other public places and workplaces.
allow prescriptions for medical marijuana.
let voters decide on a proposed a constitutional amendment to automatically restore voting rights to felons convicted of certain offenses upon the completion of sentences and probation.
require a face-to-face meeting between the pregnant woman and a healthcare provider at least 24-hours before an abortion takes place. Lawmakers are also considering a measure that would require a medical doctor to perform an ultrasound prior to a woman giving informed consent for an abortion.
place a proposed constitutional amendment on the ballot to give the General Assembly authority to halt administrative regulations found to be deficient.
permit communities to vote on a temporary local sales tax of up a penny to fund a specific projects.
allow workers the choice to work at unionized shops without paying dues to an organized labor group.
curb dating abuse by allowing people in such relationships to receive civil protective orders.
stabilize the state’s road fund by placing a higher floor on the level the state’s gas tax – which is tied to the wholesale price of gas – can drop to.
extend domestic-violence protection to people in dating relationships.
tackle the state’s heroin problem through a combination of efforts, including stronger sentences for heroin dealers, more treatment options for addicts and wider use of naloxone, a drug that can reverse the effects of a heroin overdose.
allow bonds to be sold to shore up the Kentucky Teachers Retirement System.
establish an independent panel of medical experts to review claims of medical malpractice before a lawsuit can be brought in circuit court.
exempt public school construction projects from the prevailing wage law.
allow the use of more public-private partnerships, or P3s, to finance major projects in Kentucky.strengthen efforts to prevent dog fighting by prohibiting the possession, training, breeding, and selling of four-legged animals for fighting.

Again, this is not a complete list of the issues lawmakers are considering. To see a complete listing of the bills that have been filed and track their progress, visit the Kentucky Legislature Home Page at www.lrc.ky.gov. Bill information can be found by looking under “2015 Regular Session Legislative Record.” The website also includes contact information for senators and representatives.

To share your views on the issues under consideration with lawmakers, please call the General Assembly’s toll-free message line at 1-800-372-7181.

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February 6, 2015

State Senate passes pro charter school legislation

FRANKFORT –Legislation to allow charter schools in Louisville and Lexington passed the state Senate today after supporters of the bill said it would help close the achievement gap in those urban areas.

Senate Bill 8 would set up a five-year pilot program for as many as five charter schools in Louisville and Lexington, said Sen. Mike Wilson, R-Bowling Green, who sponsored the bill along with Sen. David P. Givens, R-Greensburg. The aim of the bill, the sponsors said, is to help give poor and minority children assistance in improving test scores and closing the achievement gap.

The schools would be funded on a per-pupil basis out of state money, Wilson said. If the charter schools did not meet set accountability goals after five years, they could be shuttered. Wilson said for-profit companies could manage the schools, but the students would have to be taught by certified teachers.

Kentucky is only one of eight states that do not have charter schools, Wilson added.

Sen. Ray. S. Jones II, D-Pikeville, explained why he was one of 12 senators who voted against SB 8.

“Given the lack of funding we have in our public schools … it would be irresponsible to create a system of charter schools that would siphon much needed resources from our public schools,” he said. “To siphon those funds away from our existing school systems would be financially irresponsible.”

SB 8 now goes before the state House for consideration.

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February 5, 2015

‘Medical review panel’ bill advances

FRANKFORT – After one of the liveliest debates of the session, the state Senate approved a bill on Thursday by a 24-12 vote that would establish an independent panel to review potential medical malpractice lawsuits.

Senate Bill 6, sponsored by Sen. Ralph Alvarado, R-Winchester, would create a 3-member independent panel of medical experts to review claims of medical malpractice before a lawsuit can be brought in circuit court. Supporters of the measure, including many healthcare organizations, say the bill will reduce the number of meritless cases and the time and money medical providers must use to fight the claims, while bolstering legitimate suits.

“Right now Kentucky has one of the nation’s most litigation-friendly environments making our Commonwealth a prime and profitable target for personal injury lawyers preying upon our healthcare providers,” said Alvarado, who is a medical doctor. “Medical review panels have proven effective in other states for decades. These panels have withstood numerous constitutional challenges in the state supreme courts of Indiana and Louisiana.”

He said litigious climate is discouraging doctors from establishing practices in Kentucky.

Those opposing the measure, however, are concerned the added step of the review could hinder lawsuits for patients who have been abused, neglected or received inadequate care.

“As we go forward I don’t intend to sit here and let somebody lambast my profession or to say that the people … we represent are irrelevant,” said Sen. Ray S. Jones II, D-Pikeville, who voted against the bill and is a lawyer. “If you increased the level of staffing and training (at nursing homes), you are going to see less litigation.”

The General Assembly has considered bills in previous years that would require claims to be heard by medical review panels for an unbinding opinion before proceeding to court. A 2013 bill applied only to nursing homes. The measure was expanded the following year to all health care providers.

SB 6 now goes before the state House for consideration.

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February 5, 2015

State minimum wage bill passes House Labor and Industry

A bill that would raise the state’s minimum wage from the current $7.25 an hour to $10.10 over the next three years has passed the House Labor and Industry Committee.

House Bill 2, sponsored by House Speaker Greg Stumbo, D-Prestonsburg, would raise the state minimum wage incrementally to $8.20 on July 1, 2015, $9.15 on July 1, 2016, and $10.10 on July 1, 2017. Retail and service industries with gross annual sales of less than $500,000 would be exempt. The current sales threshold for state minimum wage is $95,000, said Stumbo.

The legislation also includes pay equity provisions that address wage discrimination on the basis of sex, race, or national origin “by prohibiting wage differentials for employees who perform equivalent jobs” with exceptions based on merit, seniority, or productivity. Stumbo said most minimum wage earners in Kentucky are women, adding that many are single working mothers.

Twenty nine states and Washington D.C. now have a minimum wage above the federal level, which is the same amount as Kentucky’s current minimum wage. “I believe it’s a bipartisan thing---you see people on both sides of the political spectrum who support this because these dollars go back into the local economies,” said Stumbo.

Among lawmakers opposing the bill in committee was Rep. Adam Koenig, R-Erlanger, who said many of those earning minimum wage are teenagers.

“We’re decreasing the buying power of every family in Kentucky with this,” he said.

The last increase in the state minimum wage in Kentucky was passed by the 2007 Kentucky General Assembly.

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February 5, 2015

Senate bill would exempt school construction from prevailing wage law

FRANKFORT – The state Senate passed a measure today that would exempt public schools from a statute requiring them to pay construction workers a specified minimum – often referred to as the prevailing wage law.

“While we can debate the policy of workers’ wages, we can all agree that our children of the Commonwealth deserve the best, and they deserve the best we can provide them now,” said Sen. Wil Schroder, R-Wilder, who sponsored the bill along with Sen. Christian McDaniel, R-Taylor Mill.

Schroder said the legislature’s own report found the measure (Senate Bill 9) would decrease construction costs of elementary and secondary education buildings by 7.6 percent.

“When we are dealing with multi-million dollar projects, this adds up quickly,” Schroder said. “Senate Bill 9 would simply allow more to be done with less with no change in quality of overall projects. More schools could be built from the savings, allowing more of our children to be placed in updated schools sooner.”

Sen. Ray S. Jones II, D-Pikeville, was one of 12 Senators who voted against SB 9, arguing that the measure would redistribute “money from hard working construction workers to construction company owners.”

Jones said prevailing wage laws across the United States date to the Great Depression when U.S. Congress passed the Davis-Bacon Act that mandated contractors pay prevailing wages on federally funded projects. He added that Kentucky passed its first prevailing wage law in 1940s.

SB 9 now goes to the state House for consideration.

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February 5, 2015

Ultrasound bill clears state Senate committee

FRANKFORT – The state Senate passed a bill today by a 31-5 vote that would change the informed consent process required prior to an abortion.

Senate Bill 7 would require a medical doctor to perform an ultrasound prior to a woman giving informed consent to having an abortion, said Sen. Julie Raque Adams, R-Louisville, who sponsored the bill along with Sen. Whitney Westerfield, R-Hopkinsville.

“Full disclosure is so important to the health of the mother and her baby,” Adams said. “Kentucky women deserve no less. In closing, we need to stop chipping away at the right for Kentucky women to receive the healthcare and the answers they deserve.”

Sen. Morgan McGarvey, D-Louisville, explained his vote against SB7.

“This is my third session here in the state Senate and I don’t think anyone’s opinion has been changed by the debate on this floor in those three years,” he said. “We talked a lot today about the court decisions and what those mean. We didn’t talk about what is actually in the bill. The one thing I would like to point out, in explaining my ‘no’ vote, is that do not see any exceptions for women who have been the victim of rape … .”

SB 7 now goes before the state House for consideration.

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February 4, 2015

Bill to curb dog fighting clears House Judiciary

FRANKFORT—A bill that would make Kentucky the last state in the nation to outlaw the possession, training, breeding, and selling of dogs for the purpose of dog fighting has passed the House Judiciary Committee.

House Bill 154, sponsored by House Speaker Greg Stumbo, D-Prestonsburg, and Rep. Joni Jenkins, D-Shively, would add the provisions to current law that makes those who allow or organize the use of four-legged animals in fights for pleasure or profit guilty of felony cruelty to animals in the first degree. Those convicted of the crime face between one and five years in prison.

The bill now goes to the House floor for consideration.

HB 154 “simply does what every other state in the nation has done in expanding the definition of Class D felony to not only people who engage in dog fighting … but to those who knowingly own, possess, keep, breed, train, or sell animals for that purpose,” said Stumbo.

The reason the new provisions are needed is because under current law, offenders have to be “caught in the act” of dog fighting, said Stumbo. “That’s almost impossible to do because they work in the shadowy world of having their fights not well-publicized and …they move from location to location.” He said the fights are lucrative, especially for those who breed, train and possess the dogs.

The bill does not clarify that a four-legged animal is a canine because some fighting addressed by the bill is between dogs and hogs, the Speaker said. In “hog-dog fighting,” a dog is made to fight a wild or domestic hog, said Stumbo.

Rep. Joe Fischer, R-Ft. Thomas, said he feels the bill is too broad and should clarify what type of animal or animals are being fought. He questioned whether a dog killing or fighting a squirrel could lead to criminal charges against the dog’s owner.

“I would propose that we do limit to the problem we have here, (which) is dogs fighting other dogs or in this case, the first I’ve heard about, dogs fighting pigs,” said Fischer.

Stumbo said the use of “four-legged animal” in the original law and the proposed language leaves the language open for future possibilities.

“There’s obviously a segment of the population that for probably very bad, bad reasons enjoys this kind of activity. … I don’t know that we want to limit it,” said Stumbo, adding that the fighting addressed in the bill would have to be for a person’s profit or pleasure.

Minority Caucus Chair Rep. Stan Lee, R-Lexington, agreed with Rep. Fischer that the language in HB 154 needs more clarification of how “four-legged animal” is defined. “I want to support this and I intend to support it, and again I would encourage (Speaker Stumbo and Rep. Jenkins) to be open to that and at least be willing to sharpen this language a little bit to alleviate some of these concerns.”

Stumbo said tweaks could be make to the bill, but that “the real problem is that because we’re the only state that doesn’t have the language about training and possessing that we are becoming a training ground for these kinds of activities.” Law enforcement has to know where the fight is to intervene, he stated.

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February 4, 2015

Legislation takes aim at Kentucky’s high stroke rate

FRANKFORT – A key state Senate committee approved legislation on Wednesday designed to improve care for stroke victims in rural areas of Kentucky and promote preventive care for the deadly cardiovascular disease.

The goal of the Senate Bill 10 is to continue the development of a stroke system of care in Kentucky that facilitates timely access to an appropriate level of care for stroke patients, said Sen. Stan Humphries, R-Cadiz, who is sponsoring the bill with Sen. David P. Givens, R-Greensburg. Humphries testified before the Standing Committee on Health and Welfare.

It builds on 2010 legislation, championed by former state Senate President David Williams, which required the state to recognize certified primary stroke centers. The 2010 legislation was introduced after a study showed Kentucky had the 12th highest rate for strokes in the nation with 2,500 people dying every year.

Humphries said SB10 would add comprehensive stroke centers and acute stroke-rated hospitals to the state’s existing primary stroke centers designation program, formalize the state’s responsibility for what to do with the information and require local emergency medical service providers to develop pre-hospital assessment, treatment and transport protocols for suspected stroke patients.

He said the goal was to bring quality care for stroke victims to every part of the state, not just in the metropolitan areas.

Tonya Chang, advocacy director at the American Heart Association in Lexington, testified in support of the legislation. She said the number of primary stroke centers has risen to 21from 12 in 2010. In addition, she said there are two comprehensive stroke centers, one at both the universities of Louisville and Kentucky.

“All this legislation really does is update that program (2010 legislation),” Chang said. “There are two new categories of certification that are available since that legislation was originally passed.”

She said the additional certification is conducted by third-party nationally recognized entities, voluntary on behalf of the hospitals and paid for by the hospitals.

The benefit to Kentuckians is the certification verifies hospitals are capable of high quality, evidence-based treatment of stroke patients, Chang said. She added the certification programs also require hospitals to do community outreach about stroke prevention.

“Time loss is brain loss for stroke victims,” Chang said. “There are life-saving drugs available but many hospitals do not administer them. Primary stroke centers do. It really makes a difference between a full recovery and future disability.”

The bill now goes to the full Senate for further consideration.

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February 4, 2015

Kentucky burley market taking a hit, lawmakers told

FRANKFORT—A drop in burley prices from around $2 or more per pound in recent years to $1.40 per pound or less at current auction is a sign of “volatility” in Kentucky’s tobacco market, an agriculture economist told state lawmakers today.

University of Kentucky Extension Professor Dr. Will Snell told the House Standing Committee on Agriculture and Small Business that some burley is selling for less than a dollar a pound at auction, although the leaf is still selling around the $2-per-pound mark on contract depending on quality.

“It’s a situation where we’ve gone from somewhat of a seller’s market that we’ve had for several years to more of a buyer’s market in terms of excess supplies, and, as a result, we’ve seen a lot of volatility in our prices for this last growing season,” he said.

Tobacco companies only need around 170-180 million pounds of burley leaf from this past season, while the nation’s burley belt—that includes Kentucky—has around 213 million pounds to sell, said Snell. Meanwhile, worldwide production, including production in the African nation of Malawi which grows about a third of the world’s burley, is on the rise. Snell said worldwide burley production has grown 35 percent in the past three years as consumption falls.

“So we have excess,” he told lawmakers.

Massive flooding in Malawi in recent months could mean a better outlook for U.S. burley, said Snell, depending on how much of that nation’s tobacco crop has been damaged. He indicated that is yet to be determined.

Another hit to U.S. tobacco growers is the “e-cigarette,” or vaping, market which Snell said typically uses poor quality tobacco in products that sell at a higher price per unit than traditional tobacco products. Because e-cigarettes are not covered by the Master Settlement Agreement—the multi-billion agreement between states and cigarette manufacturers from the late 1990s—and have a higher price point, they are attractive to tobacco companies, Snell explained.

Two other obstacles growers face include the end of tobacco buyout payments and the rising value of the American dollar, Snell told the committee.

Rep. Mike Denham, D-Maysville, asked Snell if the use of tobacco in medicine has made progress. Tobacco has been used in Ebola treatment research, and Snell said other pharmaceuticals using tobacco are in testing. He added, however, that tobacco grown for medicinal reasons apparently is grown in small amounts and would not likely benefit large growers.

Rep. James Tipton, R-Taylorsville, asked Snell to share the current average cost of production per pound of tobacco. Snell said that differs based on labor costs and pounds per acre, among other factors.

“(Probably) the good yielding producer is $1.25 to $1.30 (per pound),” said Snell.

Snell said tobacco production in Kentucky is expected to reap $300 million to $350 million overall in 2015. At one time, burley was a $1 billion crop for the state.

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January 9, 2015

This Week at the State Capitol

General Assembly wraps up a busy first week of 2015 session

LRC PUBLIC INFORMATION

FRANKFORT – Though regular sessions of the Kentucky General Assembly are yearly events, in many ways each one signals a fresh start.

That was clear this week as the 2015 legislative session convened with numerous new faces in both the House and Senate. The larger-than-usual freshmen class includes six new senators (two of whom previously served in the House) and 11 new House members (one of whom previously served in that chamber.)

The beginning of the session also started anew the journey scores of bills will follow toward become state law. The starting line is the same for all bills: introduction in a legislative chamber. That starting line was a crowded place this week with more than 250 bills filed in the Senate and House combined.

Political observers often pay particularly close attention to the first few bills filed in the House and Senate – a good sign of measures are top priorities of chamber leaders. In the House, a proposed constitutional amendment that would allow local-option sales taxes was filed as House Bill 1. The measure would let voters to decide on a constitutional amendment to help permit communities to implement a temporary sales tax of a penny or less to raise money for a specific project.

At the other end of the Capitol, Senate Bill 1 got off to a fast start by earning approval of the Senate during the first week of the session. The measure would make Kentucky a right-to work state, meaning that people could work at unionized shops without paying dues to an organized labor group. Supporters argue that right-to-work states have a strong edge in job creation while opponents question the quality of life in right-to-work states. SB 1 now goes to the House for consideration.

Although numerous bills started moving through the legislative process this week, there was also much attention on what’s known as the “organizational” work that takes place in the first week of odd-year sessions. Committee assignments were made, rules of procedure were adopted and chamber leaders were selected.

There was a mix of both change and continuity in leadership elections. The top leaders in both the Senate and House remain the same with this week’s re-election of Senate President Robert Stivers and House Speaker Greg Stumbo to their leadership posts. But there were changes in each chamber’s “pro tem” positions – the leadership spots with duties to preside when a chamber’s top leader is absent or unavailable.

Sen. David Givens, R-Greensburg, was selected as Senate President Pro Tempore. Rep. Jody Richards, D-Bowling Green, -- a former House Speaker – was chosen to serve as House Speaker Pro Tempore.

Democratic and Republican caucuses also announced their leadership lineups in each chamber.

In the Senate, leaders are: Majority Floor Leader Damon Thayer of Georgetown; Minority Floor Leader Ray Jones of Pikeville; Majority Caucus Chair Dan Seum of Louisville; Minority Caucus Chair Gerald Neal; Majority Whip Jimmy Higdon and Minority Whip Julian Carroll.

The House lineup includes: Majority Floor Leader Rocky Adkins of Sandy Hook, Minority Floor Leader Jeffrey Hoover of Jamestown; Majority Caucus Chair Sannie Overly of Paris; Minority Caucus Chair Stan Lee of Lexington; Majority Whip Johnny Bell of Glasgow; and Minority Whip Jim DeCesare of Bowling Green.

The first week of the session also brought House and Senate members together for a joint session in which they heard Gov. Steve Beshear’s final State of the Commonwealth address – a one-hour speech with a signature line declaring: “Kentucky is back, and we’re back with a vengeance.”

The governor outlined his goals for the legislative session in his speech, just as numerous lawmakers have in talks throughout the state and in meetings and interviews since they returned to Frankfort this week. One issue all seem to be talking about is the toll heroin is taking on Kentuckians. Members of both the House and Senate have looked at approaches in dealing with this issue, with one approach already put into the form of legislation approved in a legislative chamber during the first week of the session.

SB 5, approved by the Senate, calls for stronger punishments for heroin dealers as well as better support for treatment programs. The bill also provides for administration of naloxone, a medication used to counter the effects of an overdose, by first responders and provides immunity for those individuals and their employers when the drug is administered. The legislation now goes to the House for consideration.

Now that lawmakers have closed out the first week of the session, they are scheduled to return to the Capitol on Feb. 3. That makes this an important time for citizens to stay in touch with lawmakers and share their views on the issues lawmakers will be voting on during the remainder of the session. There are several easy ways citizens can stay in touch with the General Assembly.

The Kentucky Legislature Home Page, www.lrc.ky.gov, provides information on each of the Commonwealth’s senators and representatives, including phone numbers, addressees, and committee assignments. The site also provides bill texts, a bill-tracking service, and committee meeting schedules.

To leave a message for any legislator, call the General Assembly’s Message Line at 800-372-7181. People with hearing difficulties may leave messages for lawmakers by calling the TTY Message Line at 800-896-0305.

You may also write any legislator by sending a letter with the lawmaker’s name to: Capitol Annex, 702 Capitol Avenue, Frankfort, Kentucky 40601.

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January 9, 2015

Senate approves informed consent legislation

FRANKFORT – The state Senate passed an abortion-related measure by a 30-5 vote today.

Senate Bill 4, introduced by Sen. Julie Raque Adams, R-Louisville, calls for a face-to-face meeting between the pregnant woman and a healthcare provider at least 24-hours before an abortion takes place.

Adams said current law states a physician, licensed nurse, physician assistant or social worker must verbally inform the woman of the medical risks and abortion alternatives at least 24-hours before an abortion, but it does not specify that the information be given in a face-to face meeting. She said it is sometimes done via a recorded telephone message.

“The importance of a face-to-face medical consultation prior to consenting to a surgical procedure is a widely accepted medical standard of care – and Kentucky woman deserve no less,” Raque said.

Sen. Mike Wilson, R-Bowling Green, said abortion-related measures always prompt a lot of discussion about women’s rights but not about a baby’s rights.

“Somebody has to be the voice of those children … ,” he said. “Life begins at conception.”

Sen. Ralph Alvarado, R-Winchester, said he was compelled to publicly explain his vote since he was the only medical doctor currently serving as a Senator. He said informed consent is basically an ethics doctrine.

“I don’t see how anyone could possibly want to restrict this from an individual,” he said. “Informed consent should be looked on as a process rather than a signature … .”

Sen. Dan Seum, R-Fairdale, voted for the bill but complained legislators “never include daddies’ rights” in abortion-related measures.

Sen. Denise Harper Angel, D-Louisville, explained why she voted against the bill.

“This bill is just another annual assault on women’s right to make a personal decision,” she said. “It is demeaning to all women and particularly burdensome on working women and women in rural areas. Politics don’t belong in the exam room.”

Sen. Reginald Thomas, D-Lexington, was also against the bill.

“I don’t know why it is we have to impose upon these women a guilt trip … ,” he said.

The measure now goes to the House for consideration.

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January 9, 2015

Senate approves proposal to increase oversight of administrative regulations

FRANKFORT – The state Senate today passed a bill that its supporters said would curtail overreaching administrative regulation from being enacted while the General Assembly is not in session.

“No matter if the governor is a Republican or Democrat, we don’t need an emperor in Frankfort,” Sen. Alice Forgy Kerr, R-Lexington said in support of the bill. “We need a two-party system with three branches.”

She was among 24 senators who voted for the legislation, designated Senate Bill 2. Eleven senators voted against it.

Bill sponsor Sen. Joe Bowen, R-Owensboro, said the legislation is a proposed constitutional amendment that would ultimately need to be approved by voters before being enacted. SB 1 grants the General Assembly the power to, by statute, delegate the authority to halt regulations found to be deficient, he said.

Currently, when the General Assembly isn’t in session, lawmakers on a review panel can vote to find administrative regulations deficient. The executive branch can choose to enact the administrative regulations anyway.

“In my mind, Senate Bill 2 provides for the most basic tenet of a democratic form of government – that is a balance of power,” Bowen said.

State Sen. Majority Floor Leader Damon Thayer, R-Georgetown, said he regularly meets constituents who are surprised to learn the General Assembly has no power to stop administrative regulations.

“We have executive orders being implemented with no legislation passed to authorize them,” he said. “I think this is an appropriate step in the right direction to rein in the executive branch and return the balance of power that should exist, according to our Constitution, between the executive, judicial and legislative branches.”

Bowen said: “This is indeed one of those issues where both sides ought to come together and give the people what they really deserve, and that is a balance of power in this process. That is what Senate Bill 2 does.”

Sen. Dorsey Ridley, D-Henderson, said SB 2 was unnecessary legislation.

“Senate Bill 2, in my opinion, is a solution in search of a problem,” he said, adding that the bill would damage the balance of power the state has enjoyed for many years under its current Constitution.

Sen. Julian M. Carroll, D-Frankfort, said he has championed a strong General Assembly during his long political career but that SB 2 was not a way to strengthen the legislative branch.

“You have to be careful about blaming a regulatory body for something they do because you cannot avoid the fact that the legislature allowed the act to be passed in the first place to give them the authority to even write the regulation,” he said.

SB 2 now goes to the Kentucky House of Representatives for consideration.

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January 8, 2015

‘Right-to-work Act’ passes Senate after lengthy debate

FRANKFORT – The state Senate today passed a bill – dubbed the Kentucky Right to Work Act – to allow people to work at unionized shops without paying dues to an organized labor group.

State Senate Majority Floor Leader Damon Thayer, R-Georgetown, said it isn’t state government’s role to create jobs, adding that was for the private sector.

“But it is the job of government to create an environment where jobs can flourish, where we have current employers wanting to stay in Kentucky and expand their operations and, of course, to attract employers from other states and countries to come here to Kentucky,” he said. “There is no question in my mind that the passage of SB 1 is the absolute best step this General Assembly and governor can take to create a better environment for the creation and retention of jobs here in the commonwealth.

Thayer said nine of the top 10 states experiencing job growth and economic expansion at a greater rate than Kentucky are right-to-work states.

The legislation, designated Senate Bill 1, passed on a 24-12 vote.

Sen. Reginald Thomas, D-Lexington, spoke out against the legislation during the debate. He said the states with the highest quality of life are not right-to-work states and states with the lowest quality of life are right-to-work states.

“My biggest fear is if we pass this legislation, are we again encouraging a race to the bottom by Kentucky – that we want people to be paid less, earn less, have less money to spend on their families, spend for education, spend for healthcare,” said Thomas. “Isn’t that what we are doing by passing this legislation?”

Senate President Robert Stivers II, R-Manchester, said many of the states listed as having a high quality of life have the distinction of also having some of the highest cost-of-living prices in the nation. He cited a 560-square-foot flat in New York that recently sold $325,000 as an example of out-of-control cost-of-living prices.

“One thing I can tell you … is that when you look at where the jobs are being created … one of the main factors is whether you are a right-to-work state. That’s not an assumption. That is a reality.”

The bill will now go to the state House for consideration.

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January 8, 2015

Anti-heroin bill passes state Senate

FRANKFORT – Saying they’ve heard the call to fix Kentucky’s exploding heroin epidemic, state Senate members passed a bill without opposition Thursday that would provide more treatment for abusers while increasing penalties for dealers.

“It is no secret to the members of this body, those in the audience or the people of the commonwealth that heroin use has reached epidemic levels here in Kentucky,” said Sen. Christian McDaniel, R-Taylor Mill, who introduced the legislation known as Senate Bill 5. “Its use and distribution has become a major issue for our citizens, our employers and our families. We frequently cite the fact that heroin-related overdoses have more than tripled in the past three years. What we don’t is the unspoken path of additional destruction.

“We don’t talk about the careers that are ruined, parents and spouses who are left hopeless and bankrupt trying to help their loved ones. And we don’t talk about the hundreds of children without one, and in some cases, both parents.”

The bill calls an additional $13.3 million for treatment programs. County jails would get $7.5 million to administer treatment programs for their inmates. Community mental health centers would get the remaining $5.8 million to fund treatment programs for addicts not locked up. To help state officials monitor heroin abuse and measure its response, the bill increases reporting requirements for deaths related to heroin abuse and how treatment beds are being allocated.

It further provides for administration of naloxone, a medication used to counter the effects of an overdose, by first responders and provides immunity for those individuals and their employers when this life-saving drug is administered. In 2009, the Louisville-Metro EMS administered naloxone 24 times, McDaniel said. In 2014, the first responders in that same community administered naloxone 550 times.

The bill also provides the ability for police officers to not charge suspects who are truthful about whether they have needles or other sharp objects on them during a search.

On the punishment end, the bill reduces the quantity of heroin or fentanyl, a synthetic opioid often unknowingly substituted for heroin, someone has to possess to be charged with trafficking. The bill also requires someone convicted of trafficking to serve 50 percent of their sentence before being eligible for parole.

Sen. Wil Schroder, R-Wilder, said the bill will address the lack of treatment availability in many parts of the state.

“This was an issue I dealt with day after day,” he said, in reference to his former career as a felony prosecutor. “I’m excited about this bill, not just because of the trafficking levels but the second part of it – the treatment side.”

The freshman Senator said while it was only his third day on the job, he has a feeling one of his greatest moments, in what he hopes is a long career in public office, will be to vote for the bill.

Senate President Robert Stivers II, R-Manchester, said the fact the heroin legislation was the first bill voted out of the chamber shows how everyone came together to work toward a complicated solution.

“This is not a Democrat or Republican issue,” he said. “It is a Kentucky issue.”

Sen. Robin Webb, D-Grayson, a criminal defense lawyer, expressed concerned that a section of the omnibus bill – referred to the Good Samaritan provision – to shield heroin addicts from being prosecuted if they report an overdose might not be honored by prosecutors.

She was also concerned with the mandatory minimum sentences required under the bill. She recounted an Iraq combat veteran addicted to heroin. That client would be sent to prison instead of being referred to a special program for veterans who find themselves in trouble with the law, under the proposed law.

“I don’t want to preclude options for individuals like her,” Webb said, “and require incarceration that isn’t beneficial.”

Sen. Morgan McGarvey, D-Louisville, said his fellow Senators should be open to revisions of the bill.

“There are previsions of this bill that are open for debate about how we truly tackle the heroin problem,” he said, adding that naloxone should be made available to more than first responders.

Sen. John Schickel, R-Union, a former jailer and federal marshal, said the bill just increases the penalties for trafficking heroin to 1990 levels. Penalties were lowered several years ago as part of judicial reform.

“This definitely is an emotional issue,” he said. “There is no question about it. It is very emotional in my home community, and it is something we have been wrestling with for three years.”

The bill was endorsed by the Northern Kentucky Heroin Impact Team, Kentucky Association of Professional Firefighters, state Fraternal Order of Police, Northern Kentucky Chamber of Commerce, Kentucky League of Cities and the Kentucky Jailers Association.

The bill will now go to the state House for consideration.