Release
Archives
State’s aging public water systems need
updating, panel told - 11/04/16
City street funding issue heard by state panel
- 10/26/16
P3 update delivered at Kentucky Horse Park
joint meeting - 10/20/16
Bill to outlaw fentanyl trafficking aired in
committee - 10/10/16
Interlocal agreements are used statewide,
lawmakers told - 09/30/16
Fresh ideas to feed Kentuckians helping both
farm and home - 09/15/16
Early childhood still benefiting from Kentucky
tobacco dollars
- 09/02/16
Work retraining could
retool Eastern Kentucky’s future, lawmakers told - 09/02/16
Minimum car insurance coverage drives panel’s
debate - 08/23/16
Kentucky’s aviation and aerospace growth is out
of this world - 08/18/16
Calendar set for General Assembly’s 2017 session
- 08/03/16
Tobacco continues to green up Kentucky’s economy
- 08/03/16
New laws go into effect July 15 - 07/11/16
Lawmakers discuss
pros and cons of medical marijuana - 07/06/16
Kentucky hemp has growing market potential,
panel told - 07/06/16
Humvee licensing debate
rumbles into Frankfort - 07/06/16
Lawmakers identify child ID
theft as a growing concern - 06/29/16
Lawmakers review veto of
Kentucky's Real ID legislation - 06/24/16
Legislative panel hears future plans for KY state parks
-
06/23/16
Workforce investment update run by
legislative panel - 06/16/16
KY legislative panel votes on issues to be studied
- 05/12/16
This Week at the State Capitol -
04/15/16
Kentucky General Assembly’s 2016
session ends - 04/15/16
State budget receives final passage
- 04/15/16
State budget proposal available for
online viewing
- 04/15/16
Citations for
high school grads prove popular - 04/14/16
This Week at the State Capitol -
04/01/16
Senate approves bills on marriage forms,
phones and transportation projects - 04/01/16
Felony expungement bill heading to governor’s desk
- 04/01/16
General Assembly chambers to convene on
Friday
-
03/29/16
Booking photo bill receives final
passage
-
03/29/16
Child safety bill heading to governor’s
office
-
03/29/16
Snow day waiver bill goes to governor’s
desk - 03/29/16
Medicaid appeals bill heading to
governor’s desk - 03/28/16
Sally Everman, Scott Payton announced as Vic
Hellard Jr. Award winners - 03/25/16
This Week at the State Capitol -
03/25/16
P3 bill goes to governor’s desk
- 03/25/16
Vic Hellard Jr. Award winners to be
announced in live streamed video on Monday - 03/25/16
P3
legislation receives Senate approval - 03/24/16
Senate approves its version of state
budget plan - 03/23/16
Bill to crack down on habitual DUI offenders returns to Senate
- 03/23/16
Proposed Road Plan, Transportation
budget goes to Senate - 03/22/16
KTRS pension bill clears House, heads to
Senate - 03/22/16
Senate approves REAL ID
legislation - 03/22/16
Senate committee approves open records
measure - 03/22/16
Proposed Road Plan, Transportation
budget pass House budget panel - 03/22/16
Parental rights bill clears hurdle in House
- 03/21/16
Anti-dog fighting bill approved by House
- 03/21/16
This Week at the State Capitol
- 03/18/16
Hair braiding deregulation bill weaves
through Senate
- 03/18/16
Abuse-deterrent opioid drug bill moves to
Senate - 03/18/16
EMS death benefits bill goes to governor -
03/17/16
Community college scholarship bill
clears House hurdle - 03/17/16
Senate bill would reduce KY’s role in
mine inspections - 03/17/16
Finalists for Vic Hellard Jr. Awards
Announced - 03/17/16
Amended charter school bill passes KY
Senate - 03/16/16
Branch budgets clear House, move to
Senate - 03/16/16
Bill aimed at bolstering child safety
laws advances - 03/16/16
Bill advances to quicken sex assault exam kit testing
- 03/16/16
State budget bill passes House panel;
floor vote expected today - 03/16/16
Senate passes bill addressing religious
freedom - 03/16/16
Needle exchange and disposal bill passes
Senate - 03/15/16
Bill would regulate nursing home violation
adverts - 03/15/16
Bill would make Bible literacy classes an
elective - 03/14/16
Early voting bill clears House, goes to
Senate - 03/14/16
This Week at the State Capitol -
03/11/16
Local option sales tax proposal moves
forward - 03/11/16
Senate’s judicial redistricting bill seeks ‘equal justice’
- 03/10/16
Cell number protection bill receives House OK - 03/10/16
Bill tackling untested rape kits passes
KY Senate panel - 03/10/16
Concussion bill gets all-clear from House,
heads to Senate - 03/09/16
Abortion clinic standards addressed in
Senate bill - 03/09/16
House panel approves bill to crack down
on dogfighting - 03/09/16
Gettin’ your tan on: It may get harder for
KY teens - 03/09/16
Community college scholarship bill clears House A&R
-
03/08/16
Bill to raise state’s minimum wage heads
to House - 03/08/16
Concealed carry bill passes House, heads to Senate
-
03/07/16
Local option sales tax proposal approved
by House panel
- 03/07/16
This Week at
the State Capitol - 03/04/16
‘Charlie Brown Bill’ clears Senate on
first kick - 03/03/16
Senate bill would reduce penalties for
underage sexting - 03/03/16
College tuition measure advances to
Senate - 03/03/16
Executive ethics bill clears House
State Government panel - 03/03/16
New wellness initiative
has LRC workers "On the Move" - 03/02/16
Concealed carry bill passes House Judiciary panel
- 03/02/16
Police, fire, health department protections approved by House
- 03/01/16
Proposed constitutional amendment for crime victim
protections advances - 03/01/16
Nuclear power bill advances in Senate -
03/01/16
Emergency personnel fitness bill goes to Senate
- 02/29/16
‘Ultrasound bill’ passes KY Senate, goes to House
- 02/29/16
This
Week in the Kentucky General Assembly - 02/26/16
Life insurance benefits bill passes House, goes to Senate
- 02/26/16
Senate approves bill to give stronger bite to state’s
dog-fighting ban - 02/25/16
Senate approves improved survivor
benefits for firefighters’ families - 02/25/16
Drone legislation clears House, heads to Senate - 02/25/16
Nominations being accepted for
2015 and 2016 Vic Hellard Jr. Awards - 02/25/16
Autism bill gets Senate committee approval -
02/24/16
Tenant protection bill passes House -
02/24/16
November
4, 2016
State’s aging public water systems need updating, panel told
FRANKFORT—Many Kentuckians have modern appliances at home. It’s
their public water infrastructure that may date back to the era
of the avocado green dishwasher, or before.
Division
of Water Director Peter Goodmann told the Interim Joint
Committee on Natural Resources and Environment yesterday that
over 58,700 miles of the state’s drinking water lines are an
average of 38 years old with 16 percent of those lines dating
back 50 years or more.
Goodmann said the estimated cost of drinking water
infrastructure improvements will total $1.9 billion through
2025, although many systems don’t have the customer base to
cover the cost.
“Many systems are selling 18 – 20 percent less water than they
used to,” Goodmann told the committee. “People are buying
appliances and fixtures that use a lot less water… So you have
no growth in customer base and a decline per capita in
consumption.”
The
solution is for utilities to receive grants or borrow money to
cover infrastructure maintenance and operations, said Goodmann.
Borrowing would require more utilities to increase their rates,
which he said could lead to annual water utility rate increases
of six to 10 percent over the next 10 years. Inflation, he said,
“could exasperate this situation.”
Rep.
Hubert Collins, D-Wittensville, said he remembers when only
around 50 percent of his home county of Johnson had access to
water. Today, around 95 percent of the county has water
access—about the same percentage of total Kentuckians served by
public water systems, said Goodmann—thanks to the availability
of coal severance funding for water projects. Now that coal
severance funds are drying up, Collins asked Goodmann about
specific grants and loans available to communities.
Goodmann
said low-interest loans through state revolving loan funds,
federal Community Development Block Grant (CDBG) money and some
rural development loans and grants are “the big three” to help
with water needs. Abandoned Mine Lands (AML) grant funds many
also be of help, he said.
“The AML
program has financed quite a few line extensions out into rural
areas. A lot of that in mining areas has been done through the
AML program,” he told Collins.
Questions
about efforts to clean up the Levisa Fork of the Big Sandy
River, impacted by a 2015 sewage spill in Virginia, and to
remove trash from Pike County’s Fishtrap Lake were asked by Sen.
Ray Jones, D-Pikeville. Goodmann said the water quality of both
the Levisa Fork and the lake are “very good” although there is a
significant amount of trash in the lake. With prompting from
Jones, Goodman said the state may ask the Corps of Engineers to
help place some device in the area of the Levisa Fork to catch
trash traveling into Fishtrap.
From a
state agency standpoint, Goodmann said Kentucky has been
successful not just at providing access to drinking water but
also in reaching compliance with health standards. The state
holds a health standards compliance rate of 99.7 percent, he
told lawmakers. After water safety violations were revealed in
Flint, MI, Goodmann said a state lead working group is reviewing
Kentucky’s lead and copper protocols, although he clarified that
the state’s public water systems have “a very good compliance
record.”
“I don’t
have any desire to sit in front of this group and try to explain
a Flint situation in Kentucky,” said Goodmann. “We wanted to
make sure our protocols are appropriate.” That drew a response
from committee Co-Chair Rep. Fitz Steele, D-Hazard.
“No, we
definitely do not need a Flint, MI in the Commonwealth of
Kentucky,” said Steele.
--END--
O
ctober
26, 2016
City street funding issue
heard by state panel
FRANKFORT—Cities want more state road
aid, according to testimony given to state lawmakers today, and
local officials say they have a plan to get it that won’t hurt
counties. But not all
lawmakers seemed convinced, with some requesting more
information about the proposal.
The Kentucky League of Cities’ plan
would set an $825 million cap on state road funds distributed
through a state 1948 revenue-sharing formula called the “Fifths
Formula”—the formula on which distribution of county road aid
and rural secondary road funding is based.
Revenue-sharing dollars
allocated to local governments above that cap under the proposal
would be split between cities and unincorporated areas based on
population and road miles, KLC officials told the Interim Joint
Committee on Local Government.
Rep. Jim DuPlessis, R-Elizabethtown,
told KLC he has been told that Kentucky’s counties don’t agree
with the proposal. He also said setting a cap could be a problem
several years down the road.
“I think that cap, if there is some
cap, needs to also have an inflationary increase as well—That’s
the kind of thing I think the county judge-executives and KACo
(Kentucky Association of Counties) would probably be interested
in working with together,” DuPlessis said.
Committee Co-Chair Rep. Steve Riggs,
D-Louisville, said the committee needs a simplistic, written
definition of the Fifths Formula and other pertinent information
from KLC, which KLC Deputy Executive Director J.D. Chaney said
will be provided to the panel. “We will include all that: the
legislative agenda, the formula of Fifths, the way it works with
the new proposal… we’ll get all that together,” he said.
The proposed $825 million cap would
be based on 2014 state gas tax receipts that Chaney called the
“very highest level ever” of gas tax receipts figured into the
formula. Setting the
cap at that level, he said, would hold counties “harmless,” or
essentially allow them to continue receiving the funding they
already enjoy. Previous KLC road fund proposals had considered
taking some of revenue sharing dollars away from the counties
and reallocating it to cities, he reminded lawmakers.
Senate Majority Floor Leader Damon
Thayer, R-Georgetown, asked what percentage of city road budgets
KLC hopes to fund with state road dollars. Chaney said there is
no set percentage proposed—only a system that he said would
hopefully, in time, be “more fair” to cities.
“It still favors counties,” he said.
“64.2 percent of that new money above $825 million would still
go to counties and 35.8 percent would go to cities, instead of
(the current) 18 percent. So no, we’re not here asking the
General Assembly to give us 100 percent of funds—but there’s no
set percentage at all.”
KLC President and Sadieville Mayor
Claude Christensen said Kentucky cities spend around $250
million a year on construction and maintenance of city streets,
yet receive less than $60 million in state road aid. Those funds
are provided through the state municipal road aid program,
founded in the 1970s, which is based on population and not the
Fifths Formula.
Christensen said his city of
Sadieville had to use around 13 percent of its general fund
dollars to cover street work last fiscal year. The city had a
total budget of $287,000 yet only received $5,837 in municipal
road aid from the state to cover $41,730 in street repairs.
“Some years, in fact most years, we
just can’t afford to do any street work. We have to wait until
it’s really bad and we have no choice,” he said. At the same
time, he said Kentucky counties have received more road aid than
they needed in recent funding cycles.
“We’re not interested in harming the
counties. We’re just interested in having enough to do what we
need to do in the cities,” said Christensen.
The road fund proposal is KLC’s top
legislative priority for the 2017 session of the General
Assembly, with pensions, tax options, drug abuse concerns,
prevailing wage and unfunded mandates rounding out the list.
--END--
P3 update delivered to state lawmakers at Kentucky Horse Park meeting
LEXINGTON—Three attorneys from different state government
agencies gave lawmakers a look today at how Kentucky’s new
public-private partnership law will be put to use.
The attorneys—one from the Tourism, Arts and Heritage Cabinet,
one from the Finance and Administration Cabinet and one from the
Transportation Cabinet—explained that long-term partnerships
allowed under 2016 House Bill 309 will combine private
investment and public resources to meet state and local
government needs. Other states have used P3s to improve schools,
water systems, bridges, state parks and more.
The testimony was offered today at the Kentucky Horse Park
during a meeting of the General Assembly’s Labor and Industry
Committee, the Economic Development and Tourism Committee, and
the Special Committee on Tourism Development.
With over $100-plus million in maintenance needs at Kentucky’s
state parks, public-private partnerships, known as P3s, are
expected to help reduce the parks’ deferred maintenance while
employing a strict system of check and balances built into HB
309, said Tourism, Arts and Heritage Cabinet General Counsel
Leigh Powers.
“We’re not selling off state parks. We’re finding ways to make
them better,” said Powers. The framework for P3s proposals, both
solicited by agencies and unsolicited, will ensure that “the
Commonwealth gets what it bargained for,” she told lawmakers.
A handout provided by all three attorneys explained when P3s
should be used and what considerations should be taken into
account before approval for a P3 is given. Some of those
considerations include benefits gained or not gained, timeliness
and risk. McLain explained additional considerations for
transportation P3s includes, but is not limited to, compliance
with federal requirements and investment-grade credit ratings.
The attorneys also explained that approved P3s must be part of
competitive negotiation—meaning the contract will be awarded to
a “responsible and responsive” party, per the handout. The
handling of unsolicited proposals—P3 proposals that are not
sought by the state or local government agency and instead
independently generated, for example—will also include a 30-day
waiting period for the proposal and 90 days of public notice
before further action can be taken, with procedures differing
slightly for transportation projects.
Neither Powers or Finance and Administration Cabinet General
Counsel Gwen Pinson shared details on P3s that may be pending in
their respective agencies, although both said proposals have
been received. Assistant General Counsel Megan McLain also did
not offer info on any specific proposals.
Rep. Leslie Combs, D-Pikeville, who cosponsored HB 309 with
House Majority Caucus Chair Sannie Overly, D-Paris, said the
framework the new law provides is considered “the most
transparent in the country.” She said HB 309 makes Kentucky one
of around only seven states with such comprehensive P3
legislation that can be used for a wide range of public needs,
said Combs.
“I do believe that as we said earlier, this is an opportunity
for us to acquire infrastructure services across the
Commonwealth. This is a new vehicle, a new financing tool,” she
said.
The joint meeting of the committees also included an overview of
what’s happening at the Kentucky Horse Park from park director
Laura Prewitt and an update from AT&T Kentucky on infrastructure
and investments made following the passage of 2015 HB 152. That
was the telephone deregulation measure sponsored by House budget
chairman Rep. Rick Rand, D-Bedford, which AT&T says has spurred
telecom modernization in the state.
Sen. Paul Hornback, R-Shelbyville, who had proposed telephone
deregulation legislation in prior sessions, said HB 152 has
accomplished much of what it was designed to do. Hornback said
the legislation is designed to move Kentucky forward by “making
sure we didn’t have outdated regulations in place.”
--END--
October 10,
2016
Bill to outlaw fentanyl trafficking aired in committee
GRAYSON—Jessamine County Sheriff Kevin Corman can think of days
when Nicholasville has averaged two to four drug overdoses in 24
hours. Much of the blame for that, he told state lawmakers last
week, goes to heroin and the abuse of the pain killer fentanyl.
The combination of the two drugs can increase the potency of
heroin by up to 50 times, according to drug enforcement
agencies. Hundreds of overdoses in central and northern Kentucky
in recent months have been attributed to the mixture.
Nationwide, more than 29,000 people died from overdoes of heroin
and painkillers including OxyContin, hydrocodone or fentanyl in
2014 alone.
And drug use is only part of the problem, Corman told the
Interim Joint Committee on Judiciary on Oct. 7 at Ashland
Community and Technical College. The other part is drug
trafficking which is extremely lucrative where drugs like
fentanyl are involved. A small amount can bring big money on the
streets, he explained.
“I read something the other day that you can take $10 of this
fentanyl and make $5000 worth on the street,” said Corman.
Nodding in agreement next to Corman was Kentucky Attorney
General Andy Beshear who was at the meeting with State Rep. Russ
Meyer, D-Nicholasville, and Rep Dennis Keene, D-Wilder, to
support a bill proposed by Rep. Meyer that would add fentanyl
analogues, or knock-offs, not approved for human consumption to
the list of highly-addictive Schedule I drugs under state law.
Schedule I drugs, which include heroin and LSD, have no
currently accepted medical treatment use in the U.S.
There are at least 800 known fentanyl analogues and could be
1,000 or more, according to committee testimony.
Calling the drug epidemic “Kentucky’s greatest threat in
general,” Beshear covered highlights of the bill which would not
only classify fentanyl analogues as Schedule I drugs but make
trafficking in any amount of fentanyl or its analogues a Class C
felony for the first offense and a Class B felony for the second
or subsequent offense. The penalty would be pared down if the
person had a “substance use disorder” at the time the offense
was committed.
Trafficking 10 grams of more of fentanyl, including fentanyl
analogues, would be a Class B felony under the proposal.
Judiciary Committee Co-Chair Sen. Whitney Westerfield,
R-Hopkinsville, asked Beshear if substance use disorder as
defined in the bill would require a diagnosis or just a court
finding. Beshear said the determination would just take a court
finding under current language, and Meyer said that could be
spelled out in the bill.
Sen. John Schickel, R-Union, was admittedly emotional when he
spoke about the heroin epidemic and its impact on Boone County
where he lives. He cast some of the blame on House Bill 463
passed by the 2011 Kentucky General Assembly. The bill, now law
for over five years, reduced some drug penalties while moving
defendants into drug treatment.
Schickel said Kentucky was below the national average for heroin
overdoses in 2009-2010. After HB 463 was signed, he said, the
state’s heroin overdoses spiked. He suggested the drug penalties
amended by HB 463 be raised back to the level they were at
before 2011.
From his perspective, Corman said the issue isn’t just about
drug overdoses. It’s about an increase in crime overall which he
linked to the drug culture.
“This is getting to the point that probably 90 percent of all
crime is related to this problem,” said Corman.
“You look at burglaries, thefts, robberies, a lot of your
domestic violence… Somehow we have to put a lid on this and
start winning,” he told the committee.
The committee also received testimony on a proposed Reentry Drug
Supervision Pilot Program explained by Rep. Lewis Nicholls,
D-Greenup, heard a presentation on an evidence-based drug
recovery model from the organization Celebrating Families,
and received an update on gross misdemeanors legislation
pre-filed for the 2017 legislative session that is similar to a
bill considered last session.
--END--
September
30, 2016
Interlocal agreements are used
statewide, lawmakers told
FRANKFORT—Garrard County’s 9-1-1 service was nearly lifeless
when John Wilson took over as county judge-executive nine years
ago, he told state
lawmakers earlier this week
“Our 9-1-1-
service was insolvent,” Wilson said. “We were on the verge of
closing.”
Looking for
a solution, Wilson and other Garrard County officials shared
their 9-1-1 problem with officials in neighboring Lincoln
County. Soon there was talk about pooling resources to offer
shared 9-1-1 dispatching services—an idea that both counties
thought would work.
Eventually
Garrard and Lincoln counties became the first two Kentucky
counties to enter into an interlocal agreement for 9-1-1
service, Wilson told the Interim Joint Committee on Local
Government on Wednesday. Of all the interlocal agreements that
his county has signed, that is the one in which, he says, he is
most proud.
“(9-1-1
service) has been entirely self-supported since the merger,”
said Wilson. The counties have saved costs on personnel and
utilities and ramped up their 9-1-1 dispatch coverage for law
enforcement in the two counties.
Garrard
County also has entered into an interlocal agreement that allows
over two dozen Central Kentucky counties to share a 9-1-1 phone
database, Wilson said. That has saved Garrard and Lincoln
counties around $6,000 a month or over half a million dollars to
date.
“So these
interlocal agreements have been a good thing for us,” said
Wilson. As you can work across county lines, it’s very
advantageous to do so.”
Rep.
Jonathan Shell, R-Lancaster, praised Wilson and the
regionalization efforts he has overseen in Garrard County,
Shell’s home county.
“We’ve got a
lot of problems that can be solved through regionalization and
I’m just proud of the Judge for what he’s been doing in Garrard
County,” said Shell.
Local
Government Committee Co-Chair Rep. Steve Riggs, D-Louisville,
said he encourages local government organizations like the
Kentucky County Judge/Executive Association---which testified
today alongside Wilson and Larue County Judge-Executive Tommy
Turner---to provide more training on interlocal agreements. He
said the training should stand alone and not be buried within
another class.
“Make it its
own training class with its own title… It should always be a
permanent discussion because everyone seems to think it works
well, and the citizens like the concept,” said Riggs.
Turner, who
is the legislative chairman of the Kentucky County
Judge/Executive Association, said there have been 815 interlocal
agreements approved by the state Department of Local Government
since 2000 with over 2,500 entities participating in those
agreements.
Every county
in Kentucky participates in some form of interlocal agreement,
Turner told lawmakers.
--End--
September
15, 2016
Fresh ideas to feed Kentuckians helping both farm and home
FRANKFORT—Finding Kentucky-grown tomatoes, cucumbers and apples
on a regular basis in the homes of many lower-income Kentuckians
has been a known challenge in Kentucky.
Struggling families living paycheck to paycheck who
typically can’t afford fresh fruits and vegetables have been less likely
to get them. Kentucky farmers, in turn, have been less likely to
grow what they couldn’t sell or couldn’t sell the slightly
blemished number 2-grade produce they did have.
One program that’s showing success in getting fresh produce into
portions of the state that have been short on healthy fruits and
veggies is the Kentucky Farms to Food Banks program, organized
and operated by Kentucky’s food bank network.
First implemented in Eastern Kentucky in 2009--then statewide in
2011--the Farms to Food Banks program is putting millions of
pounds of 25 different kinds of crops on Kentucky tables where
plates of fresh fruits and vegetables have traditionally been
scarce. Kentucky Association of Food Banks Executive Director
Tamara Sandberg yesterday told the Interim Joint Committee on
Agriculture that over three million pounds of Kentucky-grown
produce was distributed free of charge through food banks to
people in all 120 counties in the fiscal year that ended on June
30
Kentucky farmers are also benefiting from the program. Over 400
farmers in 62 counties who participated in Farms to Food Banks
in fiscal year 2016 increased their income by an average of
$1,500, Sandberg told lawmakers.
“Which isn’t a lot, but that’s the average. So we bought a pack
of tomatoes, literally, from some farmers. Farmers tell us every
year they are able to make payroll because of the funds; they
are able to keep their workers working longer,” she said.
State budget funding for the Farms to Food Banks program has
been around for a couple of years thanks to 2009 House Bill 344
sponsored by Interim Joint Committee on Agriculture Co-Chair
Rep. Tom McKee, D-Cynthiana. That bill created a mechanism for
millions of state dollars to flow through program, including
$1.2 million in tobacco settlement funds appropriated for the
program by the 2016 General Assembly in the current state
budget.
Taxpayer donations are also flowing to the program through a
state tax check-off for the program created by 2012 HB 419,
sponsored by former Rep. Fred Nesler. Sandberg said $30,000 in
taxpayer donations were received through the check-off program
last fiscal year.
Bipartisan support for the Farms to Food Banks program was
shared by members of the committee. Rep. James Tipton,
R-Taylorsville, commented that one in six Kentuckians, including
one in five children, are “food insecure” according to recent
state statistics. (Food insecurity has been defined by the U.S.
Department of Agriculture as hungry or at risk for hunger.)
There is “no reason” for such large numbers of Kentuckians to
face hunger with the resources available, Tipton said, adding “I
believe we have a lot of people who are very committed to help
solving this problem of hunger in the state of Kentucky.”
Co-Chair McKee said he believes “the future’s bright” for farm
to food programs citing recent efforts to fight food insecurity
across the Commonwealth.
“There’s no finer effort that we can undertake in the Kentucky
General Assembly than feeding hungry people,” he said.
Providing fresh local produce to Kentuckians across all
socio-economic levels with the support of their health providers
through Bluegrass Harvest—an initiative of Lexington-based
Community Ventures—was also discussed by the committee.
Bluegrass Harvest uses community supported agriculture, commonly
called CSA, to improve the health of Kentuckians while lowering
employer health care costs and boosting farmers’ cash flow,
organization president Sandy Canon explained.
“We know what the situations are here facing Kentucky. The
physical health of many of our citizens is really appalling,”
said Canon. “Depending on the survey you look at we’re either
last or close to last on many of our health outcomes.” At the
same time, employer health costs are rising while farmers are
looking for markets for their products, she said.
Canon said Bluegrass Harvest is tackling these problems by
connecting self-insured employers and their employees to fresh
local produce through employer-offered voucher incentive
programs. Current
health providers participating in Bluegrass Harvest are the
University of Kentucky Health and Wellness, Hospice of the
Bluegrass and Appalachian Regional Healthcare, said Canon, and
they’ve had good results. Doctor visits of participating
employees have decreased as have monthly pharmacy expenditures.
Telling lawmakers that Bluegrass Harvest has “started small but
our employers really want to grow this,” Canon suggested that
CSA incentives be offered by the Commonwealth to state
employees. The state currently utilizes a self-insured health
plan which qualifies it for participation.
Offering each state employee a $200 voucher incentive—with the
employee throwing in at least $250 of their own money for 20-25
weekly deliveries of locally-grown produce --would put around
$39 million in the pockets of Kentucky farmers, potentially
lower state health care costs and improve the health of
employees, Canon explained.
“How cool would that be?” she asked.
--END--
September 8, 2016
Early childhood still benefiting from Kentucky
tobacco dollars
FRANKFORT—A
child care center is the last place someone may expect to see
improvements funded by a lawsuit against tobacco companies.
Well, unless the child care center is in Kentucky—the nation’s
second largest tobacco producer.
Sixteen years ago
the Commonwealth earmarked 25 percent of its more than $3
billion share of a health-related national tobacco settlement
for early childhood development. Today, the state has the STARS
for KIDS NOW (Kentucky Invests in Developing Success) voluntary
quality child care rating system, credentialing of child care
workers, daily home visits for around 800 at-risk families,
child care subsidies and other early childhood programs to show
for that investment, officials with the Governor’s Office of
Early Childhood told the Tobacco Settlement Agreement Oversight
Committee yesterday.
STARS Assistant
Director Darlene Hoover held up her office’s program as one
example of how tobacco settlement funding has improved early
child care and education in the state since KIDS NOW began over
15 years ago. Hoover said 1,649 child care centers now
participate in STARS which serves over 22,700 children on any
given day.
“In 2016, we have
reached 78 percent of our total childcare providers who are
actively in a STARS quality rating system,” she told the
committee.
A new “Kentucky All
STARS” quality rating and improvement system launched this year
for all early child care programs receiving public dollars is
replacing the old STARS program, Education and Workforce
Development Cabinet official Wayne Lewis told the committee. The
migration, made possible by a $44.3 million federal Race to the
Top grant received by the state in 2014, is expected to improve
the quality of early childhood development in Kentucky even
more.
When asked by
committee co-chair Rep. Wilson Stone, D-Scottsville, if Kentucky
All STARS will, over time, dramatically improve daycare, Lewis
said he expects it will.
Moving forward, KIDS
NOW may have less money to do its work than it did a few years
ago. The program received nearly $30 million in tobacco
settlement dollars in 2010 and will receive around $20 million
for 2017, according Prichard Committee for Academic Excellence
Executive Director Brigitte Blom Ramsey, who also testified
before the committee.
“We’re looking at a decline over an eight year period of nearly $10
million. You know better than I that that’s simply a result of
the declining nature of the fund itself,” said Ramsey. “But I
did want to bring that to your attention—that those dollars
dedicated to early childhood are naturally a declining source of
revenue.”
Ramsey stressed the importance of quality early childhood programs in
Kentucky. “Because we know that quality really matters when it
comes to the services that are provided to our young people if
they are really going to be ready for success when they enter
kindergarten,” she told the committee.
Saying tobacco settlement funds for early childhood development has “made
a difference” in Kentucky, Rep. Mike Denham, D-Maysville,
encouraged continued support from his fellow lawmakers.
“I encourage my colleagues to keep this funding in place,
because it has made a real difference.”
Committee co-chair Sen. C.B. Embry, R-Morgantown, also voiced his support
for early childhood programs, saying quality care during early
childhood “has great dividends over a lifetime.”
--END--
September 2, 2016
Work retraining could retool
Eastern Kentucky’s future, lawmakers told
FRANKFORT—Scan the locations of the “7 World-Changing Companies
to Watch” published by
Fortune magazine in August and you’ll find few surprises
until you get about halfway down the list.
There,
among the list of up-and-comers in tech-savvy states like
California and New York and world digital economy heavyweights
of Sweden and South Korea is a Pikeville, Kentucky firm called
Bit Source, a computer coding company that is retraining
out-of-work coal industry workers and others for work in the
digital world. The company had over 900 applicants when it
opened over a year ago and, so far, has trained 10 former mine
workers in web design and management.
Bit
Source recently brought its first Fortune 500 client on board,
says Fortune, and is
partnering with workforce training agencies like the
Hazard-based Eastern Kentucky Concentrated Employment Program
(EKCEP) to expand its reach.
“If it
takes off, and grows, it could change the face of Eastern
Kentucky,” EKCEP Executive Director Jeff Whitehead told the
Interim Joint Committee on Natural Resources and Environment
yesterday.
And Bit
Source is only one partner in EKCEP’s work to get Eastern
Kentucky prepped for the changing economy. Other partners, like
Interact of Louisville and Big Sandy Community and Technical
College, are teaching laid-off coal workers and others what they
need to know to get high-skilled jobs with companies like Bit
Source, said Whitehead. Retraining of workers for jobs as
electrical linemen and CNC (Computer Numeric Control)
machining—a technology that is replacing tool and die—is also on
track, as are job fairs that have landed Eastern Kentuckians
jobs with companies like Toyota and the
R.J. Corman Railroad
Company.
Whitehead
said some EKCEP training, like training offered to laid-off
miners interested in CNC, has taken place outside of Eastern
Kentucky. Although the training has paid off—six former coal
industry workers trained in CNC at a program in Indianapolis now
work for Lockheed Martin in Mt. Sterling—Whitehead said the goal
is to keep most retraining in Eastern Kentucky.
“We don’t
want to send people to Indianapolis for that training. We want
that training to be local,” said Whitehead. “We want more people
to participate.”
Most
funding for EKCEP so far has come from its H.O.M.E. (Hiring Our
Miners Everyday) program and a nearly $7 million federal
community impact grant for retraining of non-coal workers.
Whitehead said the H.O.M.E. grant alone has provided around
$16.3 million in national emergency grant funds to serve around
3,900 out-of-work coal industry workers and their families since
2012.
Of those
approximately 3,900 people, Whitehead said around 1,772 have
found work.
“There
are a lot more people that we need to help, but … we’re pretty
proud that we’ve at least connected with nearly 3,900 people and
provided them services,” Whitehead said.
The
services EKCEP provides now are much different than those it
provided when the agency first got started. At nearly half a
century old, the agency has seen 23 Eastern Kentucky counties
through both the fat and lean years of the coal industry,
helping meet the needs of workers as the economy has changed.
Today, more than a dozen state and federal employer and training
programs are accessible to employers and jobseekers via the
agency.
Natural
Resources and Environmental co-chair Rep. Fitz Steele, D-Hazard,
complemented Whitehead on the work of EKCEP, mentioning that the
Kentucky Coal Association has been a partner in the agency’s
efforts.
“We have
a partner in this room that is silent … and that’s the Kentucky
Coal Association. They work together well,” said Steele.
Rep. Tim
Couch, R-Hyden, reminded everyone on the committee than around
17,000 coal jobs have been lost in Eastern Kentucky. He said
training people for new work is important but said “it’s sad”
what has happened to the coal industry in the past decade.
“The
thing that makes it so sad is it’s just unnecessary. It’s so
unnecessary what the federal government through the EPA
(Environmental Protection Agency) has done to the coal industry.
And it’s not going to stop. You’re offsetting some of
that but… it’s going to get worse. There’s going to be more
unemployment.”
Whitehead
agreed things are bad economically in Eastern Kentucky and said
“it’s going to get worse before it gets better.” But, he said,
the retraining and other work that is taking place gives him
hope for the future.
“I do
have to hope that when we reach the bottom we will have some
things in place where we start building some momentum to
diversify the economy,” he said.
--END--
August 23, 2016
Minimum car insurance coverage drives panel’s debate
FRANKFORT – Concerned that the minimum auto insurance allowed
under Kentucky law doesn’t provide motorists with enough
coverage for property damage, a panel of state lawmakers met
today to discuss whether legislative action was needed.
“The current limit seems to be sufficient to cover the vast
majority of claims,” Carl Breeding, representing the Property
Casualty Insurers of America, said in testimony before the
Interim Joint Committee on Banking and Insurance. He cited
industry research that found the average property damage
liability claim in Kentucky was $3,467 – far below the current
$10,000 limit.
Breeding said 22 states have property damage limits of $10,000
or less and four states have property damage minimums of $5,000.
There are seven states at $15,000. Three are at $20,000. The
remaining 19 are $25,000. He said only two states have made
changes to property damage limits in recent years. Indiana and
Kansas both will increase their limits to $25,000 from $10,000,
effective next year.
“It is our opinion that raising the limits raises costs for
insurance and ultimately will impact those most often struggling
to afford basic coverage,” Breeding said.
He said Kentucky already has a relatively high uninsured
motorist rate despite some severe penalties for driving without
insurance including fines of up to $1,000, 90 days in jail and
license suspension. Breeding said the Insurance Research Council
estimates 15.8 percent of all motorists tooling along Kentucky’s
roads are uninsured. The national rate is 12.6 percent.
Insurance Institute of Kentucky Executive Director Mark Treesh
said raising the minimum coverage will cause premiums to rise.
He said that will most likely increase the number of uninsured
motorists.
“What you really face is a public policy decision,” he said,
adding that lawmakers will have to decide whether it is better
for some to be underinsured instead of being uninsured.
Rep. Michael Meredith, R-Brownsville, asked how high premiums
would go if lawmakers raised the mandatory minimum coverage for
property damage to $20,000 or $25,000. Treesh said he couldn’t
cite specific figures but the increase “wouldn’t be a lot” for
motorists with good driving records. He said premiums for
motorists with poor driving records would “rise quite a bit.”
Meredith asked Treesh and Breeding to get him specific numbers.
“This is an issue that has been of concern to me,” Meredith
said. “As vehicles continue to increase in costs … this becomes
a bigger and bigger problem. I think that is something we really
need to take into account as we move forward because the
economics of this is changing for all consumers out there.”
He said if a driver with $10,000 coverage causes $50,000 worth
of damage in a wreck, the other driver and their insurance
company is left paying the $40,000 difference. He said it’s
extremely frustrating to have to pay a deductible and submit a
claim for a wreck you didn’t cause.
Rep. Wilson Stone, D-Scottsville, said there are Kentuckians
that can’t afford car insurance if they miss even one weekly
paycheck. He said that causes a cascade of problems that results
in the individual either without insurance or losing their job
because they don’t have transportation to work.
“When considering legislation, and raising those limits, I think
we need to always think about those folks,” Stone said.
-- END -
August
18, 2016
Kentucky’s aviation and aerospace growth is out of this world
FRANKFORT--Engineers watched a few weeks ago from a control room
inside an old building on Short Street in Lexington as a small
box was pushed into place aboard the International Space
Station.
Designed and built in Kentucky under the direction of
Kentucky-based Space Tango, the box is a laboratory called
TangoLab 1 filled with 21 cubes capable of running different
bioengineering experiments simultaneously. As a screen on the
front of the laboratory lit up after installation, Space Tango
founder Kris Kimel breathed a sigh of relief.
“See the lights come on?” he asked members of the Interim Joint
Committee on Labor and Industry today as they watched a short
video recording of the event. “It would have been really bad if
they didn’t come on. So we were quite pleased with that.”
The laboratory is part of the growing field of Exomedicine,
which Kimel said is positioned to make breakthroughs in
regenerative medicine, oncology and other medical fields using
microgravity as a tool. And Kentucky, he explained, is at the
center of it all.
“We are now doing some very, very exciting work that is now
emanating out of Kentucky on this brand new area of medicine.
And I’m happy to say we’ve got mission in the pipeline now in
cystic fibrosis, cancer… really interesting neurobiology work
and also in drug design,” said Kimel.
The presentation by Kimel and other testimony by Peter Lengyel,
the president and CEO of Safran USA—an aviation, defense and
security company with approximately 300 workers in Kentucky—both
illustrated the strength of aviation and aerospace in Kentucky
where Cabinet for Economic Development General Counsel Caroline
Boeh Baesler said Kentucky exports have edged out California’s
aviation and aerospace industry so far this year.
Boeh Baesler said Kentucky’s aviation and aerospace exports
topped $8.7 billion last year and have reached $5.2 billion
through June of this year.
“We’re already up 19 percent this year and we’ve surpassed
California to be number two (in exports behind Washington
State). So we have a good trend going on right now,” she said,
adding most of Kentucky’s exports are going to the UK, France
and Brazil with growing demand in China.
Committee Co-Chair Sen. Alice Forgy Kerr, R-Lexington,
complimented her fellow lawmakers for their support of 2015
House Joint Resolution 100, legislation sponsored by House
Majority Floor Leader Rocky Adkins, D-Sandy Hook, that honors
the state’s aviation and aerospace industry and requires a study
of the industry’s overall economic impact.
“To me it’s the most exciting thing going on Kentucky—this
industry and everything you all are creating and doing,” said
Kerr.
Growth in exports by the industry was highlighted by Rep. Brent
Yonts, D-Greenville, who said he read that Kentucky’s aerospace
exports are now double its automotive industry exports. Boeh
Baesler said that is true when motor vehicle and motor vehicle
parts are included in the automotive export mix.
“For 2015, if you look at just motor vehicles it was about $3.8
billion but if you also look at motor vehicle parts and other
supplies, it creeps it up closer to $5 billion. But you’re
right--it exceeds even motor vehicle manufacturing by quite a
bit,” she said.
When Rep. Larry Clark, D-Louisville, asked the presenters what
their industry needs from the Kentucky General Assembly to
continue to grow within the state, Kimel said education. He
later asked lawmakers to encourage more local private
investment. Technology-driven companies find it hard to raise
local capital and must often rely on investors from Silicon
Valley or the West Coast, he said.
“Historically this has not been the kind of thing that
Kentuckians have invested in. We understand that,” said Kimel.
“It’s not about the legislature appropriating money—it’s really
helping us educate and demonstrating that the state… supports
these kinds of efforts.”
Boeh Baesler said capital investment have recently been aided by
Kentucky’s Angel Investment Tax Credit, a program she said gives
a “very generous tax credit” to those who invest in Kentucky
startup companies. Additionally she said Kentucky has an Angel
Investment Network in place to match up investors with ventures
that interest them.
For the company’s part, Lengyel said companies themselves have
an obligation to do their homework and ensure they are making
the right investment.
“We know what our needs are going to be so there’s an obligation
on our part to look through the economic development folks, to
partner directly with the local community colleges to make sure
that our manpower needs are (met),” Lengyel.
--END--
August 3, 2016
Calendar set for General Assembly’s 2017 session
FRANKFORT – The 2017 Regular Session of the Kentucky General
Assembly is scheduled to begin on Jan. 3 and will last 30
legislative days.
As usual during an odd-numbered year, in which sessions are half
as long as in even-numbered years, the session will have two
parts. The first four days of the session – Jan. 3 to Jan. 6 –
will focus on organizational work, such as electing legislative
leaders, adopting rules of procedure and organizing committees.
The introduction and consideration of legislation can also begin
during this time.
The second part of the session begins on Feb. 7, with final
adjournment scheduled for March 30.
Legislators will not meet in session on Feb. 20 in observance of
Presidents’ Day. The House and Senate will also not convene on
March 10 or 13.
The veto recess – the period of time when lawmakers commonly
return to their home districts while the governor considers the
possibility of issuing vetoes – begins on March 16. Lawmakers
will return to the Capitol on March 29 and 30 for the final two
days of the session.
The 2017 session calendar can be viewed online at:
http://www.lrc.ky.gov/calendars/17RS_calendar.pdf
--END--
August 3, 2016
Tobacco continues to green up Kentucky’s economy
FRANKFORT -- It used to be nearly impossible to drive through
Kentucky in August and not see tobacco growing in a field.
In the summer of 1998, the leaf crop accounted for 25 percent of
the state’s farm cash receipts and was grown by 46,000 farmers
statewide. It was also grown by many of those farmers’ parents
and their parents before them. For many, tobacco was Kentucky.
Today the number of Kentucky tobacco growers has fallen to
4,500, but tobacco is still very much alive across the state.
The crop accounts for a fair amount of all agricultural cash
receipts-- about six percent--at a time when overall
agricultural cash receipts are at record levels. And that
success is largely due to tobacco, too, says Governor’s Office
of Agricultural Policy Executive Director Warren Beeler.
Beeler told the state legislative Tobacco Settlement Agreement
Fund Oversight Committee today that Kentucky’s dedication of
half of the funds received from a 1990s national master
settlement with tobacco companies to agricultural
diversification is the envy of many states. The appropriation
was set out in 2000 House Bill 611 which helped propel the state
to a record $6.5 billion in agricultural cash receipts in 2014.
“We are the envy of all states with our tobacco money,” said
Beeler. “We’ve gone from $3.7 billion (in total agricultural
cash receipts) when we got the (settlement) money to $6.5
billion now, and I don’t think that’s a coincidence....”
Lawmakers thanked Beeler, former GOAP Executive Director Roger
Thomas and others for speaking at last month’s Southern
Legislative Conference Annual Meeting in Lexington about HB
611’s successes. Committee Co-Chair Rep. Wilson Stone,
D-Scottsville, said many delegates to the meeting were impressed
with Kentucky’s use of its tobacco settlement dollars to
diversify its agricultural economy.
Beeler said he heard from individuals in state after state
across the South who said “they wish they’d done what we’d
done.” Kentucky’s efforts have almost doubled its receipts at
the farm gate, he said.
“It’s no coincidence… Don’t tell me it is, because
plain-and-simple fact is we know this money has worked,” he told
the committee.
The biggest project in the history of the GOAP and the Kentucky
Agricultural Development Board which it administers is a $30
million grain crops and forages center planned for construction
on the property of the UK Research and Education Center in
Princeton. Half of the project amount, of $15 million, will be
provided as a matching grant from the Agriculture Development
Board, said Beeler. UK must match the award for the center.
Beeler said the project, which is also supported by the Kentucky
Corn Growers Association, Kentucky Small Grain Growers
Association, Kentucky Cattlemen’s Association and others, will
pay dividends for the next 50 years. Proposed work with ryegrass
alone could have a big payoff, he said.
Sen. Paul Hornback, R-Shelbyville, gave special thanks to the
Corn Growers Association which Hornback said purchased property
for the center that will be leased to UK for repayment. “I
appreciate what you all did,” he said to members of the
association and all involved in the project.
“Everybody is very appreciative” for this project, Beeler
assured lawmakers.
The center will feature new meeting facilities, laboratories,
offices and improved internet access “so professors at the
center can teach classes for students in Lexington,” according
to a press release on the center from the University of
Kentucky. “…All commodity areas based at Princeton including
beef cattle, forages and pastures and horticulture will benefit
from the improvements and expansion.”
--END--
July 11, 2016
New laws go into effect July 15
FRANKFORT --
New laws approved during the Kentucky General Assembly's 2016
regular session go into effect on July 15.
Among the over 90 new laws taking effect this week is
legislation to allow Kentucky’s courts to permanently seal the
criminal records of low-level felons. Legislation to create a
permanent fund for Kentucky public employee pensions will also
be in place. And child daycare centers will be able to receive
their own prescriptions for EpiPen rescue injectors to treat
life-threatening allergic reactions of children in their care.
The state constitution specifies that new laws take effect 90
days after the adjournment of the legislature, except for
general appropriation measures and those containing emergency or
delayed effective date provisions. (For example, a bill that
provides a framework for public-private partnerships, also known
as P3s, to be used as an alternative financing method for major
public projects took effect immediately after it was signed into
law on April 8.)
The General Assembly’s 2016 session adjourned on April 15,
making July 15 the day that most laws will take effect.
Laws taking effect that day include measures the following
topics:
Autism. Senate Bill 185
made permanent the Advisory Council on Autism Spectrum Disorders
(established in 2013) and the state Office of Autism (created in
2014). The bodies will continue to ensure there aren’t gaps in
providing services to individuals with an autism spectrum
disorder.
Booking photos.
Under House Bill 132, websites or publications that use jail
booking photographs for profit could face stiff court-ordered
damages. The new law makes it illegal to post booking photos to
a website or include them in a publication, then require payment
to remove them from public view. Damages start at $100 a day for
each separate offense, along with attorney fees.
Child safety.
House Bill 148 allows child daycare centers to receive
prescriptions for EpiPen injectors to treat life-threatening
allergic reactions while also giving parents more time to
legally surrender their newborn under the state's safe harbor
laws. The bill amended Kentucky's Safe Infants Act by giving
parents up to 30 days to surrender their child at a
state-approved safe place, instead of the previous standard of
three days.
CPR in schools.
Senate Bill 33 requires high school students be taught
cardiopulmonary resuscitation. The life-saving measure would is
to be taught as part of the students’ physical education or
health class, or as part of ROTC training.
Distilleries and craft brewers.
Senate Bill 11 modernizes the state’s 1930s-era alcohol
regulations to aid new interest in bourbon, craft beer and
small-farm wine products. Among other provisions, SB 11 allows
malt beverages to be sold at festivals and drinking on
quadricycles (better known as “party bikes”), and permits bed
and breakfasts to sell liquor by the drink. It also raises
limits for on-site sales at distilleries from three liters to
nine liters.
Election regulations.
Senate Bill 169, which became law without the governor's
signature, changed several election-centered statutes. Among
them, it directed county clerks to redact voters' Social
Security numbers before allowing the public to review voter
rolls, and loosened restrictions on electioneering from 300feet
to 100 feet around polling sites. The law also expanded means of
voter identification to include any county, state or federally
issued ID.
Felony expungement.
Under House Bill 40, Kentuckians convicted of low-level felonies
can ask the court to permanently seal—or expunge—their records.
The new law allows those convicted of Class D felonies, or those
who were charged but not formally indicted, to seek expungement
after they have completed their sentence or probation. Sex
crimes and crimes against children would not be included in the
law.
Harassing telecommunications.
House Bill 162 includes electronic communication, if it’s done
with intent to intimidate, harass, annoy or alarm another
person, to current harassment statutes. Electronic harassment
would be a Class B misdemeanor.
Helping the disabled.
Designed to allow Kentuckians with disabilities to set up
savings accounts for disability-related expenses, Senate Bill
179 allows them to save money in an ABLE account for those
expenses without it being taxed, generally. It would also not
count against Medicaid and other federal means-based benefits.
Informed consent law.
The first bill delivered to the governor's desk was Senate Bill
4, which requires an in-person or real-time video conference
between a woman seeking an abortion and a health care provider
at least 24 hours before the procedure.
Juvenile court transparency.
Senate Bill 40 permits some family court judges to hold public
hearings. The new law allows a handful of courts to hold the
open hearings as a pilot project. Judges could volunteer their
courts for the program, and close proceedings as necessary.
Local government.
House Bill 189 makes it easier for local entities – like cities,
police and fire departments – to share services. HB 189 sets
procedures for amending interlocal agreements without the
lengthy process of having to seek approval from the state
Attorney General or the Department for Local Government.
Outdoor recreation.
Zip lines and other outdoor recreation will be safer, as House
Bill 38 became law. The new law directs the state to set
standards for the use and operation of zip lines and canopy
tours.
Pension oversight.
House Bill 271 requires all state-administered retirement
systems to report specific information on their members or
members’ beneficiaries to the state Public Pension Oversight
Board each fiscal year. The information is to be used by the
board to plan for future expenses and recommend changes to keep
the retirement systems solvent.
Permanent Fund.
House Bill 238 creates the “permanent fund” for public pensions
funded in the Executive Branch budget bill, or HB 303. It also
sets out specific requirements for public pension system
reporting, including the requirement that an actuarial audit be
performed on the state-administered retirement systems once
every five years.
Petroleum tanks.
House Bill 187 extends the period of the Petroleum Storage Tank
Environmental Assistance Fund to aid in the safe removal of old
underground gas and oil tanks. The bill moved back the end date
to participate in the program to 2021, from 2016, and the date
to perform corrective actions from 2019 to 2024. It also
extended a program for small operators by five years, to 2021.
Stopping dog fights.
House Bill 428 makes it a felony to possess, breed, sell or
otherwise handle dogs for the purpose of dog fighting. The bill
also defines dog fighting, and allows people who intentionally
own, possess, breed, train, sell or transfer dogs for dog
fighting to be charged with first-degree cruelty to animals, a
Class D felony. In effect, it makes it easier to prosecute
perpetrators.
Water resource protection.
House Bill 529 created the Kentucky Water Resources Board to
research current water resources in the Commonwealth, identify
new available resources and examine efficiencies, especially to
support farming. The new 11-member board includes officials from
state interior and agriculture departments along with six
gubernatorial appointees.
--END--
July 8, 2016
Lawmakers discuss pros and cons
of medical marijuana
FRANKFORT –
A state legislative committee met today to discuss liberalizing
marijuana laws for medical purposes.
“We have
been literally overwhelmed with correspondence and people
wanting to testify before this committee today,” said Sen. John
Schickel, R-Union, who chaired the meeting of the Interim Joint
Committee on Licensing and Occupations.
He said he
asked that the subject of medical marijuana be placed on the
agenda after several bills concerning marijuana were assigned to
the Senate Standing Committee on Licensing, Occupations and
Administrative Regulations during the final weeks of the 2016
General Assembly.
“At that
time I made a commitment to the people both supporting and
opposed to the legislation that we would have extensive hearings
during the interim to learn more,” Schickel said. “It is really
relevant legislation for our times. We have states all around us
that are dealing with it also.”
Sen. Perry
B. Clark, D-Louisville, testified about last session’s Senate
Bill 263, which would have legalized medical cannabis.
“Where
they’ve passed medical cannabis laws none of the cataclysmic
predictions have materialized in any form,” he said.
Clark was
followed by testimony from Sen. Morgan McGarvey, D-Louisville,
who introduced Senate Bill 304 last session. SB 304 sought to
legalize medical marijuana for palliative or hospice care.
“If you have
eight months to live and something makes you comfortable … why
wouldn’t we allow it?” he said. “We prescribe morphine and
fentanyl to these same patients – literally drugs that are
killing people in Kentucky.”
Dr. Gregory
Barnes of the University of Louisville testified about his
research into the effectiveness of cannabidiol, known as CBD, in
epilepsy.
“It might
not only represent a compound that is anti-seizer in character
but also a compound that improves behaviors and cognition,” said
Barnes. “I think that is a very important point for the
committee to understand.”
Jaime
Montalvo, founder of Kentuckians for Medical Marijuana, spoke
about using cannabis to treat his multiple sclerosis.
“We believe
conservatively that this can help over 100,000 Kentucky
patients,” he said. “It would create economic growth, and it
would potentially get rid of the black market we have today.”
Dr. Danesh
Mazloomdoost, a Lexington pain management specialist, cautioned
legislators about the dangers of hastily passing medical
marijuana legislation.
“We can
sensationalize the failures of conventional medicines as a
rationale for legalization,” he said, adding marijuana isn’t a
fix for these failures.
He said
while some, like Montalvo, might find relief from marijuana
their stories are not representative of the average medical
marijuana recipient.
Kentucky
Narcotic Officers’ Association (KNOA) President Micky Hatmaker
said 25 other states have expanded access to cannabis for
medical purposes either by ballot referendum or legislative
intent.
“That is
contrary to the process by which all other drugs have been
tested and approved,” he said. “All drugs intended for human
consumption are required to have been tested and approved by the
Food and Drug Administration.”
Hatmaker
said the concept of cannabis as medicine began in California in
1996 when they allowed access to cannabis, either smoked or
ingested, to treat terminally ill patients and those who
suffered from debilitating diseases.
“In spite of
the best intentions of these 25 states, raw marijuana either
smoked or ingested is not medicine and has never been passed
through the rigorous DA approval process to ensure the health
and safety of patients,” he said. “The KNOA believes that
medications, including marijuana-based drugs, should go through
the scientific process, and should be accessed through
legitimate physicians.”
-- END --
July 6, 2016
Kentucky hemp has
growing market potential, panel told
FRANKFORT—More
than half of Kentucky’s industrial hemp crop this year can be
traced to nineteen counties, 58 farmers and one company in
Winchester.
With 23,000 pounds
of imported hemp seed destined for 2,466 acres, Atalo Holdings
is a superpower in hemp production and processing in Kentucky.
Governor’s Office of Agricultural Policy (GOAP) Executive
Director Warren Beeler told the Tobacco Settlement Agreement
Fund Oversight Committee today that the company’s hemp contracts
this year cover over half the 4,500 acres planted statewide.
“And so we’re
intrigued by what they’re getting done,” said Beeler, sharing
news that pleased committee co-chair Sen. C.B. Embry,
R-Morgantown.
“Very good, I
think it shows hemp is moving,” said Embry.
Atalo got its
start with $492,000 in state funds culled from a 16-year-old
settlement between the state and cigarette manufacturers after
Kentucky made state-sponsored research legal in 2013, said
Beeler. It was the first project to receive state tobacco
settlement dollars for a hemp-related project, the GOAP reported
last year, and it is currently processing its product from last
year into protein powder and other legal hemp products.
Other hemp
operations are also at work across the Commonwealth. Rep. Tom
McKee, D-Cynthiana, said a farmer in his district is growing 20
acres of hemp under black plastic with drip irrigation. Beeler
said most hemp grown that way is used for cannabidiol or CBD, a
lucrative hemp compound believed to have medicinal benefits.
Kentucky passed a law in
2014 that excludes CBD oil from the definition of
marijuana—which is illegal in Kentucky—for certain epileptic
patients.
And CBD oil is
only one product in today’s hemp market. How large the hemp
market is, Beeler said, remains to be seen.
“How big is the
market? We don’t know that,” Beeler said, telling the committee
he hopes hemp production can eventually replace lost tobacco
income. “We went from 33 acres (of industrial hemp initially)…
to somewhere in the neighborhood of 4,000 to 5,000 this year,
and I don’t think anybody much is raising this stuff who doesn’t
have a contract or place to get rid of it.”
“Who knows where
we might be in 20 years?” he later added.
For now, hemp
production in Kentucky remains state-sanctioned. Those who grow
hemp here must have the government’s permission to do so, and
every crop must be able to be located by GPS and be tested.
Beeler said those requirements are absolutes.
“And then, maybe
from that point on, we can get out of the way and let it be a
crop,” he said.
Committee Co-Chair
Rep. Wilson Stone, D-Scottsville, said marketing hemp likely
isn’t all that different from marketing tobacco. A contract,
price sheet and delivery is key to the process, he explained.
“This thing about
tobacco is you know if you’ve got a contract, you had a price
sheet that went along with that contract. And if you grow what
that price sheet says you can sell it for that amount of money.
So I think we need to get to a place, and hopefully we will
soon, where the hemp folks understand that same thing,” said
Stone.
-- END --
June 6, 2016
Humvee licensing debate rumbles into
Frankfort
FRANKFORT –
For sale: One owner, low mileage, no combat damage.
Classified
ads selling surplus U.S. military Humvees are commonplace on the
Internet since the Pentagon started auctioning the camo-covered,
husky, troop-transporting High Mobility MultiÂpurpose Wheeled
Vehicles (HMMWV) to civilians in 2014.
Just because
a civilian can legally buy a Humvee, however, doesn’t mean that
person can legally drive it down a street in Kentucky. The
Interim Joint Committee on Transportation met yesterday to
debate the public policy issues of changing the law to allow
Humvees on public roads.
Kentucky
Department of Vehicle Regulation Commissioner John-Mark Hack
testified that there had been recent inquiries from
Humvee owners in Bourbon,
Marion and Monroe counties
about registering the demilitarized vehicles for
road use. There is already
an exception carved out
for law enforcement.
Hack said
reasons to be cautious about registering Humvees for road use
include the fact that the
military configuration of Humvees
does not meet current
Federal Motor Vehicle Safety Standards. He added that the
original manufacturer is also not certifying the vehicles as
road worthy.
Surrounding
states that do not register Humvees for road use include Ohio,
Indiana, Missouri, Virginia and West Virginia, Hack said.
Tennessee does allow the registration and titling of Humvees on the condition that the
original manufacturer’s identification number is replaced with a
Tennessee vehicle identification number (VIN).
Kentucky
Division of Motor Vehicle Licensing Assistant Director Godwin
Onodu said Tennessee also requires some additional safety inspections by the
state highway patrol.
Some
lawmakers asked why anyone would want a Reagan-era,
gas-guzzling Humvee that
is hard to get repaired.
“It
worries me that we are trying to get
vehicles on the road that maybe cause problems for other
vehicles,” said Committee
Co-Chair Hubert Collins, D-Wittensville. “I think that we should
keep that in mind if the
application is made for them to be on the road.”
Humvee owner
Louie Emmons, of Bourbon County, testified in support of
allowing the vehicles on Kentucky roads.
“My dad
served in Korea,” said Emmons, who
purchased his Humvee for
$6,750 at a government auction. “My uncle served in Vietnam. My
two brothers served in Vietnam and one of them didn’t come back.
I grew up in the ‘80s and these vehicles were very appealing to
the sense of my patriotism.”
He said he
wanted to own a part of history, adding it’s no different from a
collector buying a military Jeep. While the military scrapped
most Jeeps, Humvees are being sold to the highest bidder.
Reports say most of the Humvees being sold are models from the
‘80s that likely have never been driven in the sands of the
Middle East. Many have low miles.
Emmons
called it ironic that
Kentucky already licenses
the heavier, civilian
version of the Humvee, known as the Hummer H1. He also said a
Humvee is narrower than most dually trucks on the
road.
Co-chair
Sen. Ernie Harris, R-Prospect, said he wouldn’t object to
licensing a Humvee for the road, adding he sure wish he had one
of the much beloved military Jeeps. He said the lack of modern
safety features on a vintage military Jeep wouldn’t dissuade him
from owning one.
“I see no
problem in having a Humvee come up behind me, even if it is an
off-road one, because I would rather tangle
with a Humvee than a fully-loaded rock truck with bad brakes or
a semi,” he said.
-- END --
June 29,
2016
Lawmakers identify child ID theft as a
growing concern
FRANKFORT –
A Kentucky father was reviewing
his credit report when, out of curiosity, he decided to check
his 10-year-old son’s credit history too. To the man’s surprise,
his child had a credit score. Someone has stolen the kid’s
personal information and wrecked his credit.
Incidents
like that were cited by House Majority Caucus Chair Sannie
Overly, D-Paris, and Sen. Ralph Alvarado, R-Winchester, during
their testimony yesterday before the Interim Joint Committee on
Banking and Insurance. The two legislators urged their
colleagues to pass a law that would allow parents to place a
“security freeze” on their
childrens’ credit reports. Such a move isn’t allowed
under current laws.
“As policy
makers and parents I think protecting our children is one of the
most important things that we do here in Frankfort,” Overly
said. “That certainly includes protecting
childrens’ online
identities and their credit profiles.”
She knew of
a family whose two daughters’
identities were stolen after the family’s medical
insurance had its data hacked.
“It is a
real nightmare for a lot of families,” Overly said. She
explained that a security freeze is designed to prevent a credit
reporting company from releasing someone’s credit rating, thus
preventing additional lines of credit from being opened.
In 2014, the
Bureau of Justice Statistics found that more than 17 million
people, or about 7 percent of the nation, was the victim of a
credit theft, Overly said. She added that a privately-funded
report from 2012 that found children are 35 times more likely to
have their credit stolen than an adult.
Sen. Ralph
Alvarado, R-Winchester, said that 25 other states already have
laws similar to the one proposed in Kentucky.
“I think we
are going to see more and more states align to protect our most
vulnerable in our society,” he said, “and I think Kentucky needs
to join that this upcoming
year as well.”
After Rep.
Ron Crimm, R-Louisville,
asked at what age a child gets a Social Security number,
Alvarado said the Social Security Administration advises new
parents to request the number before they leave the hospital.
Rep.
Jonathan Shell, R-Lancaster, expressed disappointment that
similar legislation, known as Senate Bill 23 and House Bill 119,
didn’t pass the General Assembly
earlier this year.
“It seems so
common sense and so logical,” he said. “It feels like we missed
a real big opportunity … by not passing it.”
Senate
Majority Caucus Chair Dan “Malano” Seum, R-Fairdale, asked if
the Social Security numbering scheme was based, in part, on the
year that it was issued.
Eric J.
Ellman, of the credit bureau trade organization Consumer Data
Industry Association, testified that the number was no longer
related to the year it was issued. He said that change was
“unfortunate.” He said credit bureaus use to use that additional
information to detect fraud.
Committee
Co-chair Jeff Greer, D-Brandenburg, said that the proposed
legislation is something legislators need to move when the next
session starts on Jan. 3.
“I think we
can all agree upon that,” he said.
-- END --
June
24, 2016
Lawmakers review veto of Kentucky's Real
ID legislation
FRANKFORT –
After the governor vetoed legislation earlier this year that
would have created a new Kentucky driver's license to meet the
tougher federal standards of the Real ID Act, a panel of
lawmakers gathered this week to discuss a path forward.
The state
will first ask federal officials for an extension to meet the
tougher standards, Department of Vehicle Regulation Commissioner
John-Mark Hack said during Thursday's meeting of the Budget
Review Subcommittee on Transportation. He added that Kentucky
previously received an extension but that it expires on Oct. 10.
When
Committee Co-Chair Rep. Leslie Combs, D-Pikeville, asked the
likelihood of another extension being granted, Hack said he was
"pretty confident."
Rep. Dennis
Keene, D-Wilder, asked what would happen if the extension wasn't
granted. Hack said in that unlikely circumstance Kentuckians
would need a passport to board a plane starting as early as
January 2018. Keene said that would create a hardship for many
residents because a passport can take weeks to receive and cost
$135 with fees. That's almost $100 more than a driver's license
would have cost under the legislation vetoed by the governor.
Had the
governor not vetoed the legislation, known as Senate Bill 245,
Kentucky would have joined 24 other states that are certified as
Real ID compliant – including Indiana, Ohio, West Virginia and
Tennessee. Instead, Kentucky remains one of 24 states operating
under an extension that expires in October, including Illinois
and Virginia. Missouri is considered to be noncompliant.
Combs said
SB 245 was introduced by Sen. Ernie Harris, R-Crestwood, who
built a bipartisan coalition to get it passed so Kentucky
wouldn't find itself in this spot.
"I want to take just a
moment to thank Sen. Harris for his work on that bill … because
that was difficult to get through this session," she said. "He
put a lot of time and effort in getting this done."
Hack
defended the governor's veto to committee members.
"The
governor believes the commonwealth needs additional time to
better understand our current position relative to the demands
of a fully unfunded federal mandate of REAL ID," Hack said. "He
also believes that this 2005 federal initiative could, in fact,
be substantively changed depending on the outcome of our federal
elections in November."
Hack said
Kentucky currently complies with many of the Real ID
requirements and is addressing additional requirements.
"There are a
number of requirements that Kentucky will request exceptions or
workarounds which allow for meeting the spirit and real intent
of the Real ID legislation without the extensive cost and
inconvenience to the state's citizens," he said, adding Virginia
and California have also asked for similar workarounds.
Some of the
provisions of Real ID Hack objected to include forcing people
with valid Kentucky driver's licenses to make an additional trip
to their local driver's license office with verification of
their Social Security numbers.
"There are
several very costly provisions that go beyond the intent of the
federal legislation and impose an unnecessary costly burden on
the states," Hack said.
Combs asked
Hack to report back in October on the status of the extension
request. She said she wants to know if legislation needs to be
introduced during next year’s regular session to help bring
Kentucky in compliance.
-- END --
June
23, 2016
Legislative panel hears future plans for
KY state park
s
FRANKFORT –
The additional $18 million state legislators budgeted in April
for Kentucky State Parks will pay to repair leaky roofs and
faulty wiring – blamed for recent fires at two different lodges
– but it isn’t enough to save the conference center at
Cumberland Falls State Resort Park. That building will be
bulldozed after being condemned.
"Over the
years the parks have become pretty run down," Kentucky
Department of Parks Commissioner Donnie Holland said at
yesterday's Interim Joint Committee on State Government. "This
$18 million … is going to be a great help in helping refurbish a
lot of the key issues in the parks. As a matter of fact, we have
already seen some visitation increase due to just the
publicity."
The
department has launched a marketing campaigned named "Refreshing
the Nation's Finest" to promote planned or completed
improvements, Holland said. Those improvements include replacing
concrete that was falling off the side of a lodge on park goers,
repairing safety railings at Cumberland Falls State Resort Park
and painting lodges.
Insurance
will pay for the damage caused by the two fires. A leaky roof
caused an electrical fire at Greenbo Lake State Report Park
lodge. Old and faulty wiring was blamed for the blaze at the
Jenny Wiley State Resort Park lodge.
Holland, who
was recently appointed to run the department, said he wants to
"leverage" the positive news generated by the extra money to
bring a "favorable image" back to the state parks.
Hollard said
the increase in attendance could help pay for other repairs that
have been put off to save money, referred to as deferred
maintenance. The $18 million only covered 7.5 percent of the
$240 million in deferred maintenance at state parks. Holland
said the high cost of deferred maintenance wasn't unique to
Kentucky. The National Park Service has $11.5 billion in
deferred maintenance, he said.
"We are all
kind of in the same boat, their boat is just bigger," he said in
reference to the national parks. "I guess 30, 40, 50 years ago
it was a lot of fun to build all these buildings. The time comes
when you have to maintain them. That is kind of where we are all
at across the country."
Rep. Leslie
Combs, D-Pikeville, asked if the passage of House Bill 309,
legalizing an alternative financing method called public-private
partnerships (P3s), could provide the money to preserve the park
system.
Kentucky
Tourism, Arts and Heritage Cabinet Legislative Liaison Phillip
Brown testified that he was "very hopeful" P3s will be another
tool to finance the repairs. He said he couldn't be specific
about any P3s the parks department might consider because the
governmental regulations for P3s were still being written.
Rep. Sannie
Overly, D-Paris, asked if there was any discussion, conversation
or plan to shutter, close or sell any of the state parks.
Holland said the state park system has never been profitable but
it does have an economic impact of $889 million per year with
$92 million going straight into the state treasury.
"That is
significantly more than our losses, so the parks are worth
having," he said. "We have not targeted any parks – at this
point."
Holland said
officials need time to evaluate the newly launched marketing
campaign and wait for the P3s regulations to be finalized before
considering anything as "severe" as eliminating a park.
Combs and
Overly, who both sponsored HB 309, each said they hope P3s will
help secure the future of the park system.
Committee
Co-chair Rep. Brent Yonts, D-Greenville, complimented Holland on
managing the park system on a tight budget.
"I think you
got the eye on the ball,” Yonts said. “I think you are counting
pennies and you are going to make them stretch as far as they
can.”
Pinching
pennies will not replace the condemned conference center.
Holland said he just doesn’t have the $6 million it would cost
to rebuild it.
--END--
June 16, 2016
Workforce investment update run by
legislative panel
FRANKFORT—Lawmakers today
received a rundown of a newly created $100 million workforce
development bond pool and a $15 million dual credit scholarship
program from Kentucky workforce development officials.
Department of Workforce
Investment Commissioner Beth Kuhn and Education and Workforce
Development Cabinet Chief of Staff Andy Hightower told the
Interim Joint Committee on Labor and Industry that the
pre-application process for the bond pool, funded by lawmakers
in the 2016 legislative session, will be announced in a few
weeks. The dual credit program, announced by Governor Matt Bevin
and Education and Workforce Development Secretary Hal Heiner
early this month, will be funded beginning next school year.
The bond pool—which
Heiner has called “the one shiny ornament on the Christmas
tree”—will
be used to fund construction, renovation, equipment purchases
and first-year marketing for industry/education workforce
training partnerships across the state, said Hightower. He said
the state plans to roll out the program in accordance with 2016
House Bill 626, the Work Ready Kentucky Scholarship Program bill
vetoed by the governor this spring.
“It’s our intention to take the direction that the General
Assembly put forward in HB 626 and put that into action as soon
as possible,” said Hightower.
It will be a few more weeks before the pre-application process
for funding is unveiled by the state, he said, with a long-form
application process to follow.
What is already in place,
Hightower assured lawmakers, is the objective of the bond fund:
to build workforce partnerships that leverage every available
workforce investment dollar and follow the directives of the
Workforce Innovation and Opportunity Act.
The 2014 federal law is
designed to help the unemployed succeed in the job market and
match employers with skilled workers they need.
“The idea is that we can train
students by the day and adults by night,” said Hightower. “The
demand is strong … from students and the demand from employers
both. It will provide a real opportunity where employers can say
‘This is what we need.’”
Rep. Larry Clark, D-Okolona, said
he believes employers should be able to furnish their own
equipment for employee training. The longtime and current member
of the Kentucky Workforce Innovation Board, which advises the
governor on workforce development issues, encouraged the Cabinet
to give employers some “skin in the game.”
“Maybe the smaller employers
can’t do it, but some of our larger employers—they have the
capacity to help us leverage that money,” said Clark.
Hightower also gave a detailed
explanation of the dual credit scholarship program. Announced by
the governor and Secretary Heiner at Russell County High School
on June 1, the program will provide $7.5 million in each of the
next two school years to provide dual credit scholarships for
every high school senior in the state, Hightower told the
committee. Students will be able to take up to two dual credit
courses at no cost to them, according recent news reports on the
program.
Dual credit allows high school
students to earn both college and high school credit by
successfully completing approved coursework. And, while dual
credit courses have been offered in Kentucky for decades,
Hightower said the goal of this new program is to eventually
make dual credit a requirement for high school graduation in
Kentucky.
“But
we need to make sure we can get the system in place before we
can move in that direction,” he said.
Tuition costs under the program
will be capped at around $154 per dual credit course—or 33
percent of the cost of a course at Kentucky Community and
Technical College System—with funding awarded based on a
student’s “successful completion” of coursework, said Hightower.
Any unused funds will be distributed among those schools that
have had the most success with their dual credit programs, he
said.
Rep. Jim DuPlessis,
R-Elizabethtown, said he sponsored legislation in 2015 that
would have allowed high school juniors and seniors to use their
KEES (Kentucky Educational Excellence Scholarship) fund to pay
for dual credit courses. He asked Hightower if the Bevin
administration would support that idea.
“There’s KEES money sitting out
there a lot of kids don’t end up using because they don’t even
go to (college),” he added.
Hightower said dual credit
expansion is a “top priority” of the administration and “we
would be very open to a conversation about all of the
scholarship funding that’s available in Kentucky and how it
might best be applied.”
Clark said he has talked with the
administration about possibly using some KEES money for work
apprenticeship programs. He said talks have been positive and “I
think that’s going to happen hopefully in the next session.”
The committee also received a
briefing on Worker Adjustment and Retraining Notification, or
WARN. That policy, passed by Congress in 1988, requires certain
employers who plan to lay off 50 or more workers to give those
workers at least 60 days’ notice. Other employers anticipating
layoffs or closings are also encouraged to notify the state,
regardless of how many employees will be affected, said Kuhn.
Committee Co-Chair Rep. Rick
Nelson, D-Middlesboro, asked the Cabinet if it would support
even stricter rules for employee layoff notification. He
mentioned sudden layoffs at a Ryan’s restaurant in his area in
the discussion.
“(Employees) just came in one day
and were told they were closing that evening,” said Nelson.
Kuhn said she would be agreeable
to discussing whether the process could be fine-tuned. “We’re
always happy to have conversations about improving the services
that we provide,” she said.
--END--
May 12, 2016
KY legislative panel votes on issues to be studied
FRANKFORT
– A bipartisan committee of state legislators empowered to
review the operations of state agencies and programs met today
to elect new co-chairs and vote on topics to study during the
remainder of the year.
Sen. Danny Carroll, R-Paducah, and Rep. Terry Mills, D-Lebanon,
were elected as co-chairs of the 16-member group, known as the
Program Review & Investigations Committee.
Their elections were followed by a selection of topics to be
studied during the interim, the period of time between sessions
of the legislature.
“The best, fairest way, that I could come up with to do this …
is allow each caucus to choose a topic rather than getting into
a controversy, discussion, hard feelings,” said Carroll. “I
think that is the fairest way.”
The Senate Republicans asked that the defunct Kentucky Health
Cooperative be studied while the Senate Democrats asked for a
study of county jails that hold state prisoners.
House Democrats asked for the committee to analyze the
practices, procedures, administrative regulations and state laws
related to foster care and adoption in accordance with House
Resolution 282. House Republicans asked for an examination of
possible abuses of the farmland tax break.
Mills said the committee reduced the number of issues to study
this year by two in an attempt to stay focused on relevant
topics. Reports are expected to be published on each of the four
issues by the end of the year. That way legislation to address
any problems uncovered could be introduced during the 2017
General Assembly.
Carroll said the committee will remain flexible by looking at
additional issues as they arise.
“Just to make it clear, there will be other topics that we will
address,” Carroll said. “We will hear other testimony on other
topics that we will choose from month to month. That will depend
when reports are ready to be presented and how much time that we
have. We do plan to cover a wide array of topics that are
pertinent in this day and time during the interim.”
-- END --
April 15,
2016
This Week at the State Capitol
April 15, 2016
FRANKFORT -- You were probably asleep when the biggest news of
the week broke in Frankfort.
Though Capitol observers across the state had kept an eye on
Frankfort news for days, awaiting a deal among lawmakers on the
state’s next two-year budget, most people had long turned in for
the night before that agreement was finally achieved around 2:30
a.m. on Thursday morning.
An impromptu, middle-of-the-night press conference that
legislators held for a small group of reporters in the Capitol
Annex was live-streamed online. A pair of live-streams of the
event drew a grand total of 15 online viewers at that lonely
hour of the night.
But as the sun rose on our commonwealth a few hours later,
thousands of Kentuckians awoke to newscasts declaring that the
budget impasse had been broken. Legislative leaders were quoted
as predicting – accurately, as it turned out – that the
compromise spending plan would pass the Senate and House before
the 2016 legislative session adjourned the next day.
The news signaled some long-awaited certainty for a budget plan
that had taken a winding journey. In its earliest incarnation,
the proposal was unveiled in January as the governor’s spending
proposal. Since then, both the House and Senate each approved
their own versions of the spending plan.
But until this week’s compromise was achieved, no one could say
for certain whether a plan could muster the support to pass into
law, whether a partial government shutdown was on the horizon,
or whether lawmakers might be called back into a special session
at a later date to continue budget negotiations. Much
uncertainty has been laid to rest.
The budget plan that lawmakers agreed to and officially approved
in the Senate and House before adjourning the 2016 legislative
session on Friday night represents a mixture of Senate and House
priorities and compromises where the chambers met in the middle
so that a budget could pass into law.
The approved budget can generally be described as one in which
savings were sought wherever possible so that more money could
go toward shoring up the state’s troubled public pension
systems. In total, $1.284 billion in new funding is going toward
pensions.
The 9 percent budget cuts the governor proposed for significant
parts of the Executive Branch remain in the final version of the
budget, though some keys areas – including the basic
school-funding formula and Medicaid – are shielded from those
cuts.
One of the biggest areas of focus in budget negotiations
concerned postsecondary funding. The version of the budget plan
proposed by the governor and the version passed by the Senate in
March both proposed 9 percent cuts for public colleges and
universities. The House plan, passed last month, called for no
cuts. In the end, both chambers agreed upon a plan with a 4.5
percent reduction in spending for postsecondary schools, not
including the state’s smallest public university, Kentucky State
University, which was shielded from cuts.
Another highlight of the budget plan: Although coal counties
typically have 50 percent of coal severance tax money returned
to them, that percentage will go up to 60 percent over the next
two years.
The budget was approved Friday evening on a 38-0 vote in the
Senate. Later in the evening, the House gave its approval to the
plan with a 98-1 vote. Shortly after, gavel strikes in the
Senate and House officially brought the General Assembly’s 2016
session to a close just before midnight.
It’s possible that the budget might still see some more action
in the days ahead, though. The state constitution gives the
governor 10 days, not including Sundays, to issue vetoes. If he
vetoes parts of the budget, lawmakers will not have the option
of voting to override the vetoes since the legislative session
has ended.
In addition to the budget, scores of other bills and resolutions
were approved in this year’s session. Restoration of voting
rights for some felons, informed consent measures that will
require face-to-face meetings or real-time videoconference
consultations with a medical professional for women seeking
abortions, and an effort to crack down on drunken driving are
among the pieces of legislation that will soon be added to the
law books. Under the constitution, most bills – all that don’t
contain emergency clauses or specify different effective dates –
go into effect 90 days after a legislative session ends. That
means mid-July is when a new batch of laws will starting having
an impact on citizens across the state.
Until then, lawmakers are eager to hear feedback on this year’s
session and receive input on which issues constituents still
want to see tackled. You can share your thoughts with lawmakers
by calling the General Assembly’s toll-free message line at
800-372-7181.
You can also write any legislator by sending a letter with the
lawmaker’s name to: Capitol Annex, 702 Capitol Avenue,
Frankfort, Kentucky 40601.
--END--
April 15,
2016
Kentucky General Assembly’s 2016 session ends
FRANKFORT -- The Kentucky General Assembly’s 2016 regular
session ended shortly before midnight, capping off a session in
which lawmakers approved the state’s next two-year budget and
numerous other measures that will impact people throughout the
state.
Most new laws – those that come from legislation that don’t
contain emergency clauses or different specified effective dates
– will go into effect in mid-July.
A partial list of bills approved this year by the General
Assembly include measures on the following topics:
Autism. Senate Bill 185 made permanent the Advisory Council on
Autism Spectrum Disorders (established in 2013) and the state
Office of Autism (created in 2014). The bodies will continue to
ensure there aren’t gaps in providing services to individuals
with an autism spectrum disorder.
Booking photos. Under House Bill 132, websites or publications
that use jail booking photographs for profit could face stiff
court-ordered damages. The new law makes it illegal to post
booking photos to a website or include them in a publication,
then require payment to remove them from public view. Damages
start at $100 a day for each separate offense, along with
attorney fees.
Budget. House Bill 303 will guide $21 billion worth of state
spending over the next two fiscal years. The two-year state
budget plan is aimed at creating savings in many areas and using
more revenue to shore up public pension systems. The budget will
pour $1.28 billion into the state pension systems and make no
cuts to K-12 education while authorizing the governor’s plan to
cut most state agency funding by nine percent over the biennium.
State spending will decrease by 4.5 percent for most public
colleges and universities.
Chemical munitions disposal. House Bill 106 addresses the acute
and chronic health effects of exposure to compounds used in
chemical munitions. It requires that after the compounds in the
weapons are treated to Energy and Environment standards, the
byproducts be reclassified to ensure proper management and
disposal.
Children locked in cars. Senate Bill 16 protects prospective
rescuers from being sued for any property damage caused in
pursuit of saving the life of a child left in a locked vehicle.
Child safety. House Bill 148 allows child daycare centers to
receive prescriptions for EpiPen injectors to treat
life-threatening allergic reactions while also giving parents
more time to legally surrender their newborn under the state's
safe harbor laws. The bill amended Kentucky's Safe Infants Act
by giving parents up to 30 days to surrender their child at a
state-approved safe place, instead of the previous standard of
three days.
CPR in schools. Senate Bill 33 requires high school students be
taught cardiopulmonary resuscitation, taught by an emergency
medical professional. The life-saving measure would is to be
taught as part of the students’ physical education or health
class, or as part of ROTC training.
Distilleries and craft brewers. Senate Bill 11 modernizes the
state’s 1930s-era alcohol regulations to aid new interest in
bourbon, craft beer and small-farm wine products. Among other
provisions, SB 11 allows malt beverages to be sold at festivals
and drinking on quadricycles (better known as “party bikes”),
and permits bed and breakfasts to sell liquor by the drink. It
also raises limits for on-site sales at distilleries from three
liters to nine liters.
Drunken Driving. Senate Bill 56 will help increase felony
convictions for DUI in Kentucky by allowing the courts to look
at 10 years of prior convictions instead of five years. Kentucky
law requires those convicted of a fourth offense DUI within five
years to be charged with a felony. The clock for determining
penalties for offenders is reset after five years under current
law. Senate Bill 56 will extend that so-called “look-back”
period to 10 years to allow more habitual offenders to face
stiffer penalties like felony charges.
Election regulations. Senate Bill 169, which became law without
the governor's signature, changed several election-centered
statutes. Among them, it directed county clerks to redact
voters' Social Security numbers before allowing the public to
review voter rolls, and loosened restrictions on electioneering
from 300feet to 11 feet around polling sites. The law also
expanded means of voter identification to include any county,
state or federally issued ID.
Felony expungement. Under House Bill 40, Kentuckians convicted
of low-level felonies can ask the court to permanently seal—or
expunge—their records. The new law allows those convicted of
Class D felonies, or those who were charged but not formally
indicted, to seek expungement after they have completed their
sentence or probation. Sex crimes and crimes against children
would not be included in the law.
Harassing telecommunications. House Bill 162 includes electronic
communication, if it’s done with intent to intimidate, harass,
annoy or alarm another person, to current harassment statutes.
Electronic harassment would be a Class B misdemeanor.
Helping the disabled. Designed to allow Kentuckians with
disabilities to set up savings accounts for disability-related
expenses, Senate Bill 179 allows them to save money in an ABLE
account for those expenses without it being taxed, generally. It
would also not count against Medicaid and other federal
means-based benefits.
Informed consent law. The first bill delivered to the governor's
desk was Senate Bill 4, which requires an in-person or real-time
video conference between a woman seeking an abortion and a
health care provider at least 24 hours before the procedure.
Juvenile court transparency. Senate Bill 40 permits some family
court judges to hold public hearings. The new law allows a
handful of courts to hold the open hearings as a pilot project.
Judges could volunteer their courts for the program, and close
proceedings as necessary.
Local government. House Bill 189 makes it easier for local
entities – like cities, police and fire departments – to share
services. HB 189 sets procedures for amending interlocal
agreements without the lengthy process of having to seek
approval from the state Attorney General or the Department for
Local Government.
Medicaid appeals. Senate Bill 20 gives medical providers access
to independent appeals of denied Medicaid claims. Under the new
law, the decision of the third-party reviewer could then be
appealed to the Cabinet for Health and Family Services, where
the decision of an administrative hearing tribunal would be the
last step before judicial review.
Noah’s Law. Senate Bill 193, also known as “Noah’s Law” for a
9-year-old Pike County boy, extends health insurance coverage to
include expensive amino acid-based elemental formula, needed by
some children with gastric disorders and food allergies.
Off-duty conceal and carry. House Bill 314 allows current and
retired peace officers to carry concealed firearms at any
location where current, on-duty officers can carry guns.
Outdoor recreation. Zip lines and other outdoor recreation will
be safer, as House Bill 38 became law. The new law directs the
state to set standards for the use and operation of zip lines
and canopy tours.
Pension oversight. House Bill 271 requires all
state-administered retirement systems to report specific
information on their members or members’ beneficiaries to the
state Public Pension Oversight Board each fiscal year. The
information is to be used by the board to plan for future
expenses and recommend changes to keep the retirement systems
solvent.
Permanent Fund. House Bill 238 creates the “permanent fund” for
public pensions funded in the Executive Branch budget bill, or
HB 303. It also sets out specific requirements for public
pension system reporting, including the requirement that an
actuarial audit be performed on the state-administered
retirement systems once every five years.
Petroleum tanks. House Bill 187 extends the period of the
Petroleum Storage Tank Environmental Assistance Fund to aid in
the safe removal of old underground gas and oil tanks. The bill
moved back the end date to participate in the program to 2021,
from 2016, and the date to perform corrective actions from 2019
to 2024. It also extended a program for small operators by five
years, to 2021.
Public private partnerships. House Bill 309, which allows
government and private entities to enter into public-private
partnerships – known as P3s – to fund Kentucky’s major
infrastructure needs. The new law provides a framework for P3s
as an alternative financing method for major public projects,
including transportation projects.
Sexual assault investigations. Aimed at eliminating a backlog of
sexual assault examination kits, Senate Bill 63 establishes new
policies and procedures for handling evidence. SB 63 requires
police to pick up sexual assault kits from hospitals within five
days’ notice, submit evidence to the state crime lab within 30
days, prohibit the destruction of any kits and notify victims of
the progress and results of the tests. The new law also requires
the average completion date for kits tested not to exceed 90
days by July 2018 and 60 days by July 2020.
Stopping dog fights. House Bill 428 makes it a felony to
possess, breed, sell or otherwise handle dogs for the purpose of
dog fighting. The bill also defines dog fighting, and allows
people who intentionally own, possess, breed, train, sell or
transfer dogs for dog fighting to be charged with first-degree
cruelty to animals, a Class D felony. In effect, it makes it
easier to prosecute perpetrators.
Vulnerable victims. Senate Bill 60 creates a new section of KRS
Chapter 501, defining an “offense against a vulnerable victim”
and creating a mechanism for charging someone with the
commission of an offense against a victim who is under the age
of 14, has an intellectual disability, or is physically helpless
or mentally incapacitated.
Water resource protection. House Bill 529 created the Kentucky
Water Resources Board to research current water resources in the
Commonwealth, identify new available resources and examine
efficiencies, especially to support farming. The new 11-member
board includes officials from state interior and agriculture
departments along with six gubernatorial appointees.
--END--
April
15, 2016
State budget receives final passage
FRANKFORT—The Kentucky General Assembly has passed a $21 billion
Executive Branch budget for the next two fiscal years that will
pour $1.28 billion into the state pension systems and make no
cuts to K-12 education while authorizing the governor’s plan to
cut most state agency funding by nine percent over the biennium.
Lesser cuts were authorized by the spending plan, found in House
Bill 303, to Kentucky’s constitutional offices including the
Secretary of State’s Office, Office of Attorney General, State
Treasurer’s Office, and the Auditor of Public Accounts along
with a few other agencies including the Department of
Agriculture and the Board of Elections. No cuts will be made to
the Department of Veterans’ Affairs under HB 303.
The House gave final passage to HB 303 by a vote of 98-1. House
Appropriations and Revenue Committee Chairman Rick Rand,
D-Bedford, said the measure is a “bipartisan, agreed-upon”
Executive Branch spending plan and explained its provisions
before the final vote.
Before the state Senate passed HB 303 by a 38-0 vote earlier in
the evening, Senate Appropriations and Revenue Committee
Chairman Christian McDaniel talked about how the spending plan
came about.
“This is the result of a very intense conference committee that
has met over the last several weeks,” said McDaniel, R-Taylor
Mill. “As we’ve talked throughout the course, the budget is the
ultimate policy document of any agency. To that end, this
reflects the policy, beliefs of both ends of this chamber.”
Most new money in HB 303 will go for state pension in the
Kentucky Employees Retirement System and the Kentucky Teachers’
Retirement System. Additionally, HB 303 includes an over $100
million bond for workforce development requested by the Governor
Matt Bevin and includes a multi-million dollar “permanent fund”
requested by the governor, although not as large a fund as he
had hoped—the budget sets aside $125 million for the fund while
the governor requested $500 million. That money will come from a
surplus in the Kentucky public employee health insurance trust
fund.
Funding for K-12 education will not be cut under HB 303, which
protects funding to schools and gives the Department of
Education up to $20 million in additional funds over the
biennium as a necessary governmental expense if there are not
enough per-pupil SEEK funds available. Public preschool will be
made available to families with incomes below 200 percent of the
poverty level as part of a pilot program, and $15 million in
preschool funding will be set aside for grants to help develop
full-day programs for children eligible for state child care
assistance.
In the area of higher education, HB 303 authorizes lesser cuts
of 4.5 percent over the biennium for state colleges and
universities that faced the possibility of 9 percent cuts under
the governor’s original proposal. A performance-based funding
formula for state universities is also found in the bill that
will require 5 percent of state university base funding to be
gauged on an institution’s performance. Kentucky State
University would be exempt from the performance-based model.
As for scholarships, HB 303 authorizes over $25 million to
provide eligible recent Kentucky high school grads up to two
years’ free tuition at public and private colleges and
universities that offer associate degree programs. The
scholarships will be awarded beginning this fall as part of the
Kentucky Work Ready Scholarship Program created by HB 626, which
received final passage in the House tonight by a vote of 90-9.
Additionally, the bill supports higher education by including
$10 million over the biennium for the Coal County College
Completion Scholarship Program.
Lawmakers reached the compromise that led to passage of HB 303
during the Governor’s veto recess. The Governor vetoed six bills
during the recess including the session’s revenue bill, or HB
423, and parts of the Judicial Branch budget found in HB 306.
The Judicial Branch budget veto removed two mandated
expenditures from the over $800 billion budget bill that total
around $25.5 million, including $23.5 million in fund transfers
to the state’s General Fund.
The Governor explained the veto of the fund transfers by saying
the transfers “go beyond the limit of what the Commonwealth
should require from the Judicial Branch,” which was already
slated to receive cuts of nine percent over the next biennium
with the final passage of HB 306. Rand said HB 303 will restore
funding for the Judicial Branch to the level requested by
Kentucky Chief Justice John D. Minton.
The veto of HB 423 led lawmakers to move most of the tax credits
and other contents of that revenue bill, which is used to
balance the state budget, into HB 80, a measure that originally
dealt with open records. HB 80 received final passage in the
House by a vote of 88-10.
--END--
April
15, 2016
State budget proposal available for online viewing
FRANKFORT -- The state budget proposal that members of the
Kentucky Senate and House plan to vote on later today can be
viewed on the Kentucky Legislature Home Page.
The two-year spending plan can be viewed at:
http://bit.ly/HB303-FCCR
In order to give citizens an opportunity to view the most recent
version of the budget plan as early as possible, it was placed
online today by the Legislative Research Commission (LRC) within
minutes of being officially submitted as a report of the free
conference committee responsible for budget negotiations.
Senate and House members serving on the free conference
committee reached an agreement in budget negotiations early
yesterday morning. Since then, LRC bill drafters have worked
around the clock to incorporate lawmakers’ proposed changes into
the spending plan so that the Senate and House can vote on it
before the chambers adjourn today, the final day of the General
Assembly’s 2016 legislative session.
--END--
April
14, 2016
Citations for high school grads
prove popular
KY Legislative Research
Commission mobilizes to fulfill requests
FRANKFORT –
Nearly 90,000 high school seniors from across Kentucky are set
to receive General Assembly citations for graduating this spring
Legislative
Research Commission staff cull the students’ names from high
school rolls, print the citations and distribute them upon a
legislator’s request. This year the LRC is on pace to match last
year’s figure of issuing 88,579 citations to graduating seniors
from public and private schools but the number has grown
exponentially over the last two decades.
“There is a
lot more involved than just stuffing envelopes,” LRC Project
Center Supervisor Sally Everman said while describing how many
LRC offices mobilize to fulfill the requests. “There are a lot
of moving parts. It truly takes a team effort.”
Project
Center employees recall when individual high schools faxed the
LRC names of graduating seniors. Now the Education Department
provides a master list of graduating seniors from the estimated
227,000 high school-aged children residing in Kentucky.
Augie
Phillips said he received a citation when he graduated in 2011
from Western Hills High School in Franklin County.
“Receiving
honorary citations … made me consider several things: that it
was meaningful and a privilege to be graduating from high
school; that as I go into the world I will serve as an
ambassador for our state in my own way; and that I have
representatives in the state legislature who care about my
success,” he said.
Technical
Writer Supervisor Roxanne Hurt said her team in the Citations
Office is also intimately involved in the endeavor.
“We’ve got
this down to a science,” she said of everyone involved at the
LRC. “The biggest challenge is timing. Graduation season always
comes on the heels of the legislative session.”
But Hurt
said sloppiness isn’t acceptable while handling a task that
requires a careful attention to details.
“I always
try to remember a lot of these citations will end up in a frame
on someone’s wall,” she said. “Accuracy and aesthetics count.”
-- END --
April 1,
2016
This Week at the State Capitol
March 28-April 1
FRANKFORT—This weekend may mark opening day for baseball, but in
the State Capitol the General Assembly is hoping to avoid going
in to extra innings.
Already, lawmakers have worked long hours trying to reach a
compromise on the state’s next two-year budget. That’s likely to
continue in the days ahead as lawmakers strive to craft a
spending plan that will be accepted by both the House and
Senate.
With this week’s end, lawmakers have one legislative day left in
the 2016 session before they reach the constitutional limit of
60 days and must adjourn. Under the constitution, the session
cannot extend beyond April 15. If no spending plan is agreed
upon by that time, lawmakers face the prospect of returning for
a special session – which can only be called by the governor –
to continue work on the next budget.
As the budget negotiations continued this past week, a number of
other bills took steps forward in the legislative process. Among
the measures passed, topics included:
Local government.
The Senate passed House Bill 189 on Tuesday, which would make
easier for local entities – like cities, police and fire
departments – to share services. HB 189 sets procedures for
amending interlocal agreements without the lengthy process of
having to seek approval from the state Attorney General or the
Department for Local Government. Under the bill, as long as the
terms of the agreement are not being substantively changed, the
parties can add new members without approval. The governor is
now considering the bill.
Judicial transparency.
Senate Bill 40 would allow some family court judges to hold
public hearings. The bill, which the House passed on Tuesday,
authorizes a handful of courts to hold the open hearings as a
pilot project. Judges could volunteer their courts for the
program, and close proceedings as necessary. After the House
vote, it was delivered to the governor.
Restoring rights.
Under House Bill 40, convicted felons would be able to clear
some offenses off their records after serving their sentence.
Five years after that sentence ends, they could then pay a fee
and have the courts consider removing the offense from their
record. Without a felony record, it could restore their voting
rights. The bill, passed in the Senate on Tuesday and given
final approval by the House on Friday, would not apply to
perpetrators of violent or sex crimes. The bill will now be
delivered to the governor.
Privacy. The House on Tuesday
passed an amended House Bill 132, which seeks to end the
practice of web sites or publications using jail booking photos
for profit. The bill proposes stiff damages for posting images
to a site or including them in a publication, then requiring
payment to remove the photo from public view. Violators could be
civilly prosecuted and be required to pay damages starting at
$100 a day for each separate violation along with attorney fees.
HB 132 is awaiting the governor’s signature.
Child safety.
House Bill 148 would allow child day care centers to acquire
prescriptions for EpiPens, auto-injected medication to prevent
severely allergic people from going into anaphylactic shock. The
bill, along with a Senate amendment extending provisions of the
state’s safe harbor laws, received final passage in the House on
Tuesday. The amendment gives parents up to 30 days – instead of
the current three – to legally give up their newborn at a
state-approved safe place if the parent feels they cannot keep
the child. HB 148 is now with the governor.
Medicaid appeals.
Senate Bill 20, which would give medical providers access to
independent appeals of denied Medicaid claims, received final
passage Monday in the House and was sent to the governor’s
office. Per SB 20, the decision of the third-party reviewer
could then be appealed to the Cabinet for Health and Family
Services, where the decision of an administrative hearing
tribunal would be the last step before judicial review.
Veterans affairs.
House Bill 487, passed by the Senate on Tuesday and sent to the
governor, would require that at least two members of the
Governor’s Advisory Board for Veterans Affairs be veterans
recommended by the Joint Executive Council of Veterans
Organizations of Kentucky. The governor currently appoints
members of the seven-member board to three-year terms without
such restrictions.
To stay atop of the legislative process, track the progress of
bills, offer feedback to your lawmakers or merely to ask
questions about your state government, call the General
Assembly’s toll-free message line at 800-372-7181.
-- END --
April
1, 2016
Senate approves bills on marriage
forms, phones and transportation projects
FRANKFORT—The Senate, as one of its last actions before
adjourning for a recess until April 12, approved marriage
license legislation that authorizes the creation of a single
form in which petitioners can identify themselves as a bride, a
groom or simply as spouse. Current forms only have the former
options.
The bill was given final consent by a 32-0 vote. It was later
delivered to the governor’s office to await his signature.
Among other action Friday, the Senate passed
House Bill 304, which provides roughly $2.3 billion per year for
the state’s road funding plan and Transportation Cabinet
operations, as well as aviation, rail and other transportation
projects across the state. The bill’s high-profile
facets include continuing the Adopt-a-Highway program, providing
$125 million for road resurfacing projects, $500,000 for river
port maintenance as well as 17 capital projects. HB304 also
funds the debt load taken on from the projects. The Senate
passed the bill by a 35-0 tally.
Under House Bill 585, which the Senate also passed Friday,
prepaid mobile phone users would see higher prices to offset
fees charged to their service providers. The bill would change
methods for the state to collect 911 service fees. HB585 shifts
the burden from the wireless provider to the consumer, who pays
the fee at the time of buying prepaid minutes. The bill also
establishes governmental oversight of the fee collection and how
collected funds can be expended. If signed into law, HB585 would
take effect on Jan. 1.
--END--
April 1, 2016
Felony expungement bill heading to governor’s desk
FRANKFORT—Legislation that
would allow those convicted of low-level felonies to ask the
court to permanently seal—or expunge—their records is on its way
to becoming law.
House Bill 40, sponsored by
House Judiciary Chair Darryl Owens, D-Louisville, and Rep. David
Floyd, R-Bardstown, received final passage today in the House by
a vote of 84-13 and will now go to the governor for his
signature. The bill includes provisions from Senate Bill 298
that were added to the bill by the Senate when it passed HB 40
by a vote of 33-5 on March 29.
“House Bill 40
is about redemption,” Owens said about HB 40 when it passed the
House in January. “It’s about second chances.”
HB 40 would allow those
convicted of a Class D felony under any of 61 specific criminal
statutes, or who were charged but not formally indicted of a
felony, to seek expungement of that conviction or charge five
years after they have completed their sentences or probation.
Those convicted of a sex crime, a crime against a child, or who
have criminal proceedings or violations pending would not be
eligible for expungement under the bill.
Courts would also have the
discretion under the bill to expunge Class D felonies of those
with previous Class D felony convictions unless the previous
conviction was for a sex offense, a crime against a child, or if
there is a criminal proceeding or violation pending against the
individual.
Kentucky law currently
allows for expungement of misdemeanors and violations. Those are
lesser crimes than felonies which include offenses like
shoplifting, bad check writing, and driving on a suspended
license.
--END--
March 29,
2016
General Assembly chambers to convene on Friday
FRANKFORT – The Kentucky Senate and House will convene on
Friday, April 1, under a change to the 2016 Regular Session
Calendar agreed upon by legislative leaders today.
Before the change, lawmakers were scheduled to begin a ten-day
veto recess tomorrow.
The Senate and House are now both scheduled to convene at noon
on Friday for the 59th day of the 2016 legislative session. The
specific timing of the 60th and final day of the session has yet
to be determined on the revised calendar, but will be during the
week of April 11.
The revised 2016 Regular Session Calendar can be viewed online
at
http://www.lrc.ky.gov/calendars/16RS_calendar.pdf.
--END--
March
29, 2016
Booking photo bill receives final passage
FRANKFORT—Web sites or publications that use jail booking
photographs for profit could face stiff court-ordered damages
under a bill that is on its way to the governor’s desk.
House Bill 132, sponsored by Rep. Gerald Watkins, D-Paducah, was
granted final passage by a 99-0 vote today in the House. The
bill would make it illegal to post booking photos to a web site
or include them in a publication, then require payment to remove
the photos from public view, Watkins said.
Violators could be civilly prosecuted in state circuit court and
be required to pay damages starting at $100 a day for each
separate violation along with attorney fees, per the bill.
Language was added to the final bill that would allow those
jailed on misdemeanor offenses to receive sentencing credit for
earning a GED, a high school diploma, or for good behavior while
incarcerated. Those provisions were part of a Senate amendment
sponsored by Sen. John Schickel, R-Union, that was approved by
the Senate and agreed to by the House.
The Senate approved HB 132 as amended unanimously on March 24.
-END-
March 29,
2016
Child safety bill heading to
governor’s office
FRANKFORT – A bill that would allow child day cares to receive
prescriptions for EpiPen while also giving parents more time to
legally surrender their newborn under the state’s safe harbor
law has received final passage in the House.
The expanded safe harbor provisions were added to House Bill 148
by the Senate, which also retained the bill’s original
provisions to allow day cares to receive prescriptions for
EpiPen, an epinephrine auto-injector used to treat
life-threatening allergies.
“This bill is for protection for our day cares. What we wanted
to do is for the EpiPen to be available just in case there were
to be an emergency situation,” said HB 148 sponsor Rep. Linda
Belcher, D-Shepherdsville.
As for the safe harbor provisions, HB 148 would amend Kentucky’s
Safe Infants Act by giving parents up to 30 days instead of the
current three to legally give up their newborn at a
state-approved safe place if the parent feels they cannot keep
the child. Safe places include fire stations, hospitals, police
stations and EMS personnel; places of worship would be added to
the list under HB 148.
A bill with similar safe-harbor provisions passed the House by a
vote of 92-0 in January. That bill, HB 97, was sponsored by
House Health and Welfare Chair Rep. Tom Burch, D-Louisville.
Kentucky’s Safe Infants Act was named in honor of Burch when it
was passed in 2002.
HB 148 as amended passed the House by a vote of 99-0 and now
goes to the governor for his signature.
--END--
March 29,
2016
Snow day waiver bill goes to governor’s desk
FRANKFORT—The General Assembly is sending legislation to the
governor that would require the state to waive snow days that
school districts are unable to make up. House Bill 111 received
final passage on a vote in the House of 95-3.
The bill, sponsored by Rep. Linda Belcher, D-Shepherdsville,
started as a measure to require public schools to post the
state’s child abuse hotline number. It was amended to also
include snow day provisions.
School districts impacted by snow or other school
calendar-altering events are required to work with the state to
meet all 1,062 required annual instructional hours, if at all
possible, by June 5. If the district attempts to meet all
required hours and cannot, the state would be obligated under HB
111 to waive any hours that remain.
House Education Committee Chair Rep. Derrick Graham,
D-Frankfort, said the snow day waiver provisions in HB 111 are
the same as those approved by the Kentucky General Assembly in
previous sessions.
“The bill is the exact same language that we have used for the
past two years when we’ve added these snow days. The exact same
language—nothing has changed,” Graham said when asked by Rep.
Adam Koenig, R-Erlanger, how many snow days could be waived
under the bill.
Koenig, one of the three members voting against HB 111, said
state law requires scheduling of 177 instructional days but the
snow day waivers let lawmakers “give away 10 days every single
year on this floor.”
“At some point we need to reevaluate this entire system because
we keep giving away 10 days every single year and our kids are
getting shortchanged,” said Koenig.
Graham said many school districts today have procedures in place
that require students to do school work from home on snow days.
“So it’s not like they’re home and out playing around. Many of
them are at working from within their home to complete their
assignments, and that’s becoming more and more commonplace
around the Commonwealth,” said Graham.
HB 111 now goes to the governor’s desk to be signed into law.
--END--
March
28, 2016
Medicaid appeals bill heading to governor’s desk
FRANKFORT – A bill that
would give Kentucky’s medical providers a pathway to external,
independent appeals of denied Medicaid managed-care claims is on
its way to the governor for his signature.
Senate Bill 20, sponsored
by Sen. Ralph Alvarado, R-Winchester, would allow medical
providers to receive an independent third-party review of claims
denied by Medicaid managed care organizations (MCOs). The
decision of the third-party reviewer could then be appealed to
the Cabinet for Health and Family Services, where the decision
of an administrative hearing tribunal would be the last step
before judicial review.
The proposed review and
appeals process would apply to all contracts or master
agreements entered into or renews as of July 1, 2016, according
to the bill.
Legislation similar to SB
20 was passed by the 2013 General Assembly and vetoed by former
Governor Steve Beshear. Current law requires that appeals be
made directly to the MCOs, which serve around 1.1 million
Kentuckians.
House Speaker Greg Stumbo,
who presented SB 20 for final passage in the House, said it
“really gives the providers of medical services an independent
evaluation and an independent appeal.”
SB 20, which passed the
Senate earlier in the session by a vote of 37-0, cleared the
House on a vote of 99-0. It is similar to HB 118, sponsored by
Stumbo, which passed the House 92-0 early this session.
--END--
March 28, 2016
Sally Everman, Scott Payton announced as Vic Hellard Jr. Award
winners
Awards honor nonpartisan service to General Assembly
FRANKFORT – A wordsmith and a supervisor of a legislative
project center were both announced today as winners of Vic
Hellard Jr. Awards. The awards, which honor nonpartisan
Legislative Research Commission (LRC) staff members for
exemplary service to the Kentucky General Assembly, are the
highest accolades bestowed by the LRC.
The 2015 Vic Hellard Jr. Award, which honors a current LRC
worker, will go to Sally Everman. In her work as a supervisor of
the LRC Project Center, Everman is recognized as an
irreplaceable link between legislators, LRC staff and citizens
from around the Commonwealth. According to her nominating
letter, “Sally is the bright spot in many people’s day at LRC
with a long line of legislators, staff, lobbyists and executive
branch agency personnel often stopping into her office just to
say hi.”
The 2016 Vic Hellard Jr. Award, which honors a former LRC
worker, will be presented to Scott Payton, whose long career at
the LRC included a stint as the agency’s Public Information
Officer from 1995 until 2005. During his tenure, Payton guided
the modernization of LRC’s communications office and nurtured
its growth into one of the most respected of its kind in the
nation. Payton, who’s known as a gifted writer, also mentored
many of today’s top state government communicators. As noted in
his nominating letter, “He taught by example a commitment to
nonpartisanship and the belief that we were doing worthwhile,
inspirational work.”
Video of LRC Director David Byerman’s announcement of Everman
and Payton and the Vic Hellard Jr. Award winners was streamed
live online this morning. The video can be viewed here:
http://bit.ly/2015-16-HellardAward
“I think it’s easy to be cynical about government and the
legislature until you really look closely at the fine men and
women who serve the legislative process,” said David Byerman,
Director of the Legislative Research Commission.
“Vic Hellard inspired so many LRC employees through his
humor, his dedication, and his professionalism.
We are truly honored to continue his legacy by
celebrating those who uphold those ideals.”
The 2015 and 2016 Vic Hellard Jr. Awards will be presented to
the winners tomorrow at the State Capitol. Tomorrow’s event
include a reception honoring all finalists and award
presentations to the winners in the Senate and House chambers.
Bios of Everman and finalists for the 2015 Vic Hellard Jr. Award
can be viewed here:
http://www.lrc.ky.gov/pubinfo/2015HellardFinalists.pdf
Bios of Payton and finalists for the 2016 Vic Hellard Jr. Award
can be viewed here:
http://www.lrc.ky.gov/pubinfo/2016HellardFinalists.pdf
The LRC changed eligibility criteria for the Vic Hellard Jr.
Awards last year to specifically honor nonpartisan legislative
staff members, past and present. Although the 2015 and 2016
winners are both being honored simultaneously this year, the
award will alternate in future years, recognizing a current
staff member one year and a retired staff member the next.
The Vic Hellard Jr. Award was created in memory and recognition
of longtime LRC Director Vic Hellard Jr., who was a champion of
legislative independence and played an instrumental role in the
modernization of the legislative institution and nonpartisan
staffing. Serving nearly two decades at the helm of LRC, Vic was
known not just for his contributions to an independent General
Assembly, but also for his wit, appreciation of history, and his
mentoring of hundreds of young people who now serve the people
of the Commonwealth and carry on his legacy.
--END--
March 25,
2016
This Week at the State Capitol
March 21-25
FRANKFORT—College basketball fans have been enjoying
buzzer-beating basketball tournament finishes for the last two
weeks, but the General Assembly may have one more “buzzer
beater” for them as time dwindles for the 2016 regular session.
With only four legislative days remaining in the session,
lawmakers made progress in getting Kentucky’s budgets passed
this week. On Thursday, members from both the House and Senate
were gathered at a conference table, trying to iron out the
differences in their budget proposals before the scheduled veto
recess begins on Tuesday.
This past Tuesday, the House tipped off its budget week with a
proposed Road Plan that includes proposed road, bridge and other
transportation projects totaling $4.58 billion. The House also
passed legislation that would require new steps to fund the
Kentucky Teachers’ Retirement System on an actuarially sound
basis starting in 2017. Under provisions of House Bill 1, state
employers would be required to pay additional contribution rates
to fully fund the pension system. The Senate is now reviewing
the bills.
A day later, on Wednesday, the Senate responded to the House’s
executive branch budget proposal with its own amended version of
House Bill 303.
Working from the House’s bill passed last week, the Senate
reinstated many of the initiatives unveiled by the governor in
January including a 9 percent reduction in spending on
Kentucky’s colleges and universities. The Senate plan increased
proposed funding for anti-heroin efforts, in comparison to the
plan approved by the House, and also called for setting aside
$250 million in a “permanent fund” for future pension fund
payments.
While the conference committee works to find agreement in the
budget that will ultimately land on the governor’s desk, other
legislation made its way through both chambers with sponsors
hoping for their “One Magic Moment.” Among topics considered
were:
Restoring voting rights.
On Monday, the Senate passed a bill that could give some felons
a clearer path to regaining voting rights Senate Bill 299, if
passed by lawmakers, would let voters decide on a proposed
constitutional amendment giving the General Assembly authority
to establish a process for non-violent felons who have served
their sentences to recover their voting rights. SB 299 is now
awaiting House approval.
DUI offenders.
The House passed an amended version of Senate Bill 56 on
Wednesday, sending it back to the Senate for approval. SB56
would strengthen penalties for driving under the influence by
making a fourth offense within 10 years a felony charge.
Currently, a felony charge comes after a fourth offense in five
years. The amended version passed by a 98-0 vote. The bill would
take effect immediately with the governor’s signature. The
Senate originally passed SB 56 in January, 35-1.
Enhanced ID cards.
Senate Bill 245, which would bring Kentucky drivers’ licenses
and other identity cards into compliance with the federal REAL
ID initiative, was passed by a 26-12 Senate vote on Tuesday.
Without compliant IDs, Kentuckians may have future trouble
flying on commercial airlines or may face other restrictions
after a federally mandated deadline passes. REAL IDs include
more personal information and anti-counterfeit facets like
barcoded information. So far, only 23 states have compliant IDs
even though the original deadline was in January. The bill,
which received a favorable vote from a House committee soon
after the bill was delivered from the Senate, is now awaiting
consideration of the full House.
Open records.
House Bill 80, passed by the Senate Committee on State and Local
Government on Tuesday, seeks to narrow open records exemptions
for private companies providing goods or services normally
provided by government agencies. Under HB80, firms who derive at
least 25 of their total revenue from governmental sources would
have open records apply to it just as if it were a public
agency. The bill awaits a vote by the full Senate.
First responders.
Senate Bill 195, which would allow firefighters with certain
types of lung or other cancer presumed to be tied to their
employment to be eligible for lump-sum state death benefits,
passed in the House on Monday. The bill, along with a similar
bill providing benefits for emergency medical personnel killed
in the line of duty, is awaiting the governor’s signature.
Parents’ rights.
House Bill 129 would expand legal grounds for stripping parental
rights in cases of abuse or murder – or the attempted abuse or
murder – of a child. Those rights could also be terminated in
cases of complicity in the death or injury of a child’s parent,
step-parent guardian or custodian. The bill passed a House vote
on Monday, sending it to the Senate for consideration.
To stay atop of the legislative process, track the progress of
bills, offer feedback to your lawmakers or merely to ask
questions about your state government, call the General
Assembly’s toll-free message line at 800-372-7181.
-- END --
March 25, 2016
P3 bill goes to governor’s desk
FRANKFORT—A bill that would
allow government and private entities to enter into different
public-private partnerships to fund Kentucky’s major
infrastructure needs has received final passage in the House.
House Bill 309, sponsored
by Rep. Leslie Combs, D-Pikeville, and Majority Caucus Chair
Sannie Overly, D-Paris, received final passage by an 86-8 vote
and now goes to Governor Bevin for his signature. The bill would
provide a framework for the use of public-private partnerships,
or P3s, as an alternative financing method for major public
projects, including transportation projects.
The bill would also
specifically prohibit tolls for “any project involving the
federal interstate highway system that connects the Commonwealth
with the State of Ohio,” including the proposed
$2.6 billion Brent Spence Bridge project in Northern Kentucky.
When asked by Rep. Arnold
Simpson, D-Covington, if HB 309 as amended by the Senate earlier
this week would authorize tolls on projects in Northern
Kentucky, Combs answered definitively.
“I assure you there were no
changes made to actually any roadways…” said Combs. “So you rest
assured, everything is safe. It will not be tolled.”
Combs said Senate changes
to the bill, with which the House agreed, actually extended the
prohibition of tolls in HB 309 to any highway including
interstates connecting Kentucky to Ohio, “including but not
limited to a bypass of a major metropolitan area.”
The final bill would also
clarify that bidding of unsolicited P3 proposals received by
state and local government agencies must be open and
competitive, clarify language regarding use of P3s by colleges
and universities, and allow the state Finance Cabinet to
contract with an outside consultant to help with review of local
P3 projects, along with a few other provisions.
P3 legislation did pass the
Kentucky General Assembly in 2014, but was vetoed by former Gov.
Steve Beshear. Provisions for non-transportation related
public-private partnerships in existing law and the bill’s
prohibition against entering into P3s with the state of Ohio
without legislative scrutiny were given by Beshear as reasons
for his veto.
HB 309 passed the Senate
29-9 on Thursday. The bill was handled in the Senate by Sen. Max
Wise, R-Campbellsville, who sponsored P3 legislation of his own
this session. That bill was SB 132.
--END--
March 25,
2016
Vic Hellard Jr. Award
winners to be announced in live streamed video on Monday
The 2015 and 2016 Vic Hellard Jr. Award winners will be announced
on a live video Monday, March 28, via the “Periscope” app and
streaming on the Internet.
The Vic Hellard Jr. Award is the highest honor bestowed by
Kentucky’s Legislative Research Commission (LRC). The award’s
namesake, Vic Hellard Jr., was executive director of the LRC
staff for 19 years.
The LRC changed eligibility criteria for the award last year to
specifically honor nonpartisan legislative staff members, past
and present. Under the new structure, the award will alternate
each year between current and past nonpartisan LRC staff
members.
Of the six finalists announced earlier this month, three are in
the running for the 2015 Vic Hellard Jr. Award, which recognizes
current LRC workers for their distinguished service. The other
three finalists are former LRC workers who are eligible for the
2016 Vic Hellard Jr. Award.
Photos and bios of finalists for the 2015 Vic Hellard Jr. Award
can be viewed
here.
Photos and bios of finalists for the 2016 Vic Hellard Jr. Award
can be viewed
here.
A media advisory will be distributed on Monday morning with
details on how to view the live announcement of the award
winners. A news release will also be distributed on Monday after
the announcement with information about the winners.
--END--
March
24, 2016
P3 legislation receives Senate
approval
FRANKFORT—
The Senate passed a bill Thursday that would open possibilities
for public-private partnership funding of needed projects and
services in the state.
House Bill
309, passed by a 29-9 vote in the Senate, would provide the
framework for the uses of public-private partnerships (also
known as P3s) as an alternative financing tool.
“The bill
creates a transparent process which state and local governments
will follow,” said Sen. Max Wise, R-Campbellsville, in support
of the bill. “The primary benefit will be to position Kentucky
as ‘open for business,’ especially as it relates to big-ticket
infrastructure projects that state and local governments cannot
afford without some private money during tight budget years.”
Wise pointed
out that P3 deals are already part of the daily business in the
state, but HB 309 sets up oversight for those deals including a
provision that state P3 projects valued at more than $25 million
will require approval by the General Assembly. The bill also
establishes the Kentucky Local Government Public-Private
Partnership Board to review P3 deals with local governments.
The end
result, Wise said, will be more projects being funded.
“Instead of
communities coming to us as legislators with two hands out to
secure funding for sewer and water projects, convention centers,
amphitheaters, sports complexes or even revitalizing our own
state parks,” he said, adding that with a P3 in place “they may
come to us with only one hand out.”
Sen. Tom
Buford, R-Nicholasville, was among the nine dissenting voters on
the bill. After attempting to attach an amendment that would
prohibit P3 partners from making political donations to its
public partners until three years after the end of the
partnership, Buford warned of the possibilities for corruption
and small communities stuck in bad deals.
“Folks,
we’re talking about hundreds of millions of dollars that could
saddle the taxpayers of those small communities for the rest of
their lives,” Buford said. “Be careful what you vote for. You
might get it.”
Another
facet of HB309 that drew attention was a provision that
prohibits the authorization of tolls for any project involving
the interstate highway system connecting Kentucky to the state
of Ohio, a clear reference to Cincinnati’s Brent Spence Bridge
project.
P3
legislation passed in the 2014 General Assembly, but was vetoed
by then-Gov. Steve Beshear. Presented again in last year’s
session, it did not pass into law.
--END--
March
23, 2016
Senate approves its version of state budget plan
FRANKFORT—The Senate passed a state budget proposal on Wednesday
that restores many of the governor’s priorities for the next two
years, including a “permanent fund” for future pension spending,
cuts to secondary education funding and performance-based
appropriations for college and universities.
All in all, the Senate budget bill includes many of the cuts
featured in the Gov. Matt Bevin’s January budget proposal, many
of which didn’t survive the House budget plan passed last week.
Still, Sen. Chris McDaniel, R-Latonia, the Senate budget
committee’s chairman, said it was a balanced effort. Not all the
governor’s cuts were preserved.
“The thing I’d say I’m most proud of is that this budget is
structurally balanced,” he said. “We do adopt many of the
governor’s recommendations for the budget stabilization plan
throughout the course of this bill, but we take monstrous steps
– historic steps – on maintaining stability and introducing
responsibility in addressing the most pressing problem facing
us.”
That, he said, is the state pension program challenge, which has
unfunded liabilities of more than $31 billion. To start reducing
that figure, the Senate budget reinstituted many the governor’s
cuts, including a 9 percent reduction in funding for Kentucky
colleges and universities.
The budget also resuscitated the governor’s proposal to switch
that funding to a performance-based model, with a quarter of the
state funding to be based on student retention, graduation rates
and other metrics.
The Senate removed from the spending plan a proposal from the
House to establish a Work Ready Kentucky Scholarship program,
which would make tuition free for high school graduates who
enroll in the state's community colleges. The House budget
funded scholarships to the tune of $13 million for the 2017
fiscal year and almost $20 million the following year.
That was cut from the Senate budget, along with funding
earmarked for specific projects like school renovations, the
Lexington Convention Center and help for areas hit hard by a
drop in the coal industry.
The Senate budget passed with only two dissenting votes, while
nine Senators passed on the bill.
Sen. Denise Harper-Angel, D-Louisville, said she had
reservations about cuts made by the budget, including $1.5
million to Court Appointed Children’s Advocates (CASA) programs,
$15 million that was to renovate the Kentucky School for the
Blind and $1 million a year to promote breast and cervical
cancer screening for women.
“I believe these cuts will adversely affect women, children,
families and the disabled. For these reasons and more, I pass,”
said Harper-Angel, before offering that she hopes the final
budget will offer “better choices.”
Sen. Brandon Smith, R-Hazard, one of two dissenting votes,
admitted he was torn. He likes the effort to control the pension
problem, but was disappointed in the removal of aide for
stricken coal-producing areas.
“I cannot go home this weekend without casting a vote to help
bring some reasoning back into this discussion,” he said.
The proposed budget did, however, include some spending not in
the House budget, including $32 million in Justice Cabinet
funding to fight heroin abuse – the House had reduced it to $20
million – and setting aside $250 million in the “permanent fund”
for future pension fund payments. Gov. Bevin’s budget wanted the
fund to include $500 million, while the House budget proposed
using that money immediately on other expenditures.
The budget is soon expected to land in a conference committee so
that Senate and House members can iron out their differences in
each of their preferred spending plans.
--END--
March
23, 2016
Bill to crack down on habitual DUI offenders returns to Senate
FRANKFORT—
A bill that could increase felony convictions for DUI in
Kentucky by allowing the courts to “look back” at 10 years of
prior convictions instead of five years has cleared the House.
Kentucky
law requires those convicted of a fourth offense DUI within five
years to be charged with a felony. The clock for determining
penalties for offenders is reset after five years under current
law. Senate Bill 56, sponsored by Sen. Dennis Parrett,
D-Elizabethtown, would extend that so-called “look-back” period
to 10 years to allow more habitual offenders to face stiffer
penalties like felony charges.
The bill
was amended by the House to fix what the bill’s House floor
sponsor Rep. Kelly Flood, D-Lexington, called a technical error,
then was passed by the House unanimously 98-0. The measure now
returns to the Senate, where it had passed in January on a 35-1
vote, for the Senate to consider the change made to the bill by
the House. Because SB 56 contains an emergency clause, it would
take effect immediately if it becomes law.
Flood said
31 states currently have a DUI look-back period of at least 10
years. Four states, she said, have a lifetime look-back period
for DUI.
The bill
was filed by Parrett in honor of Elizabethtown High School
graduate Brianna Taylor who was killed by a drunk driver in 2014
at age 17. Members of the House casting their votes on the bill
spoke of how DUI has also impacted their lives, naming friends
or family they know who have been injured or killed by drunk
drivers.
Rep.
Robert Benvenuti, R-Lexington, said the timing of the debate on
SB 56 coincided with the moment one year ago when his friend,
Lexington attorney Mark Hinkel, 57, was hit and killed by an
alleged drunk driver as Hinkel participated in a Central
Kentucky bike race.
Hinkel’s
alleged killer had up to nine previous DUI offenses—most
occurring in the five years before Hinkel’s death, according to
news reports on the case.
“Mark
Hinkel was my friend, so I use him as an example. But there are
many, many Mark Hinkels out there,” said Benvenuti. “They’re
your friends, they’re your neighbors, they’re your family
members.
--END--
March
22, 2016
Proposed Road Plan,
Transportation budget goes to Senate
FRANKFORT— State road and bridge projects totaling $4.58 billion
is proposed in the 2016-2018 state Road Plan approved today by
the Kentucky House.
House Bill 305, sponsored by House Appropriations and Revenue
Chair Rep. Rick Rand, D-Bedford, would also reduce what budget
experts called “over programming” -- or projects included
over budget
-- in the proposed state highway plan from $1.63 billion as
proposed by the Executive Branch to $797 million as the proposed
House plan.
The bill passed the House by a vote of 56-40.
House Budget Review Subcommittee on Transportation Chair Rep.
Leslie Combs, D-Pikeville, described the Road Plan as austere,
impacted by a decrease in state Road Fund revenue in recent
years.
“The Road Fund has suffered (since 2014) an annual loss of
approximately $201.5 million per year. Of that total… $97
million is lost revenue that we would have revenue-shared back
with our struggling local governments. And $104.4 million of
that would have gone directly into the state (road) construction
account which we could have used…on projects in this plan,” said
Combs.
The projects in HB 305 would be paid for through the
Transportation Cabinet budget found in HB 304, also sponsored by
Rand, which passed the House by a vote of 60-38. That bill would
also fund administration and operation of the state
Transportation Cabinet, state aviation projects, rail projects
and other transportation needs across the state.
Some of those voting against the proposed Road Plan questioned
why certain projects were excluded from the document. One of
those lawmakers was Rep. Brian Linder, R-Dry Ridge, who was told
by Combs that the proposed plan omits road improvements leading
to the planned Ark Encounter theme park in Grant County because
there aren’t “enough available dollars.”
“We can say it’s because (there’s) no money but… at some point,
we really need to stop worrying about who’s in control of the
House and start recognizing who’s in control of the universe,”
said Linder.
State law requires the General Assembly to adopt the last four
years of the six-year road plan—which includes the first two
years of funded projects found in HB 305—as a joint resolution
that has the force of law but is not included in the statutes.
That legislation, House Joint Resolution 91, also sponsored by
Rand, passed by a vote of 52-43.
Both bills and the resolution now go to the Senate for
consideration.
--END--
March
22, 2016
KTRS pension bill clears House, heads to
Senate
FRANKFORT—Legislation that would require the state to fund the
Kentucky Teachers’ Retirement System on an actuarially sound
basis starting in fiscal year 2017 is on its way to the Senate.
House Bill 1, sponsored by House Speaker Greg Stumbo,
D-Prestonsburg, would require state employers to pay 100 percent
of the additional contribution rate needed to fund the KTRS
pension fund to keep the fund fiscally sound. Stumbo said the
bill will help protect the state’s bond rating—which he said has
been hurt by underfunding of the pension system—by sending a
message to the bond rating agencies.
“We can make a statement as to what our goal is,” he said, with
that goal being to fund KTRS to the full actuarially required
contribution, or ARC. “I believe that … it will improve our bond
rating and thus in the long run cost us less money,” said
Stumbo.
Over $1 billion to fully fund the KTRS ARC over the next
biennium without any bonding is included in the House state
budget plan found in HB 303 as passed by the House last week.
That bill is now in before the Senate for its consideration.
Rep. Brad Montell, R-Shelbyville, attempted to amend the bill
with provisions that would have phased in the KTRS ARC over four
years. That plan would have used around $600 million provided in
the budget as proposed by Governor Matt Bevin to fund the ARC
over the next biennium and around $313 million total over the
following two fiscal years to fully fund the ARC over four
years.
“A four-year phase-in is an acceptable phase-in by all
accounts,” said Montell. “We’re preparing every year to be able
to better meet the requirements so that in four years we’re
fully funding … with recurring revenue.”
Stumbo spoke against the amendment, saying it would “kick the
can down the road” for funding of teachers’ retirement.
“The truth of the matter is, it’s up to the next General
Assembly to find those dollars,” said Stumbo. “Here’s what it
means… it means that we would appropriate $487 million less in
fiscal year 2017 and $457 million less in fiscal year 2018 than
what the system needs.”
The amendment was defeated on a vote of 44-53.
HB 1 was approved by the House on a vote of 86-11 and goes to
the Senate for consideration.
--END--
March
22, 2016
Senate approves REAL ID legislation
FRANKFORT—The Senate passed a bill Tuesday that would bring
Kentucky’s state ID program into compliance with a federal
standard that has a fast-approaching deadline. Senate Bill 245,
passed by a 26-12 vote, would make REAL ID-compliant
state-issued identification available to Kentuckians.
REAL ID is a federal program adopted in 2005 that would come
close to establishing a national proof-of-identity program. The
Homeland Security program set minimum standards for new,
voluntary “enhanced” photo ID cards to include more personal
information and anti-counterfeit facets. Participating states
are also required to store photos and information, where it
could be accessed by law enforcement or other governmental
agencies with the proper authorization.
So far, only 23 states have complied with the act, and
enforcement has been delayed. Kentucky is one of 27 states to
receive an extension as it works to gain compliance.
Initially, the security provisions of REAL ID were to take effect
in January. Though access to high-security facilities like
military bases and nuclear power plants has already been limited
to those without the new ID, other restrictions are still a few
years away.
By 2018, flyers from states that are not REAL ID compliant nor
have an extension – or those individuals who do not choose to
obtain an enhanced ID – will need a second form of
identification to fly domestically. By 2020, all flyers will
require enhanced identification.
Sponsor Sen. Ernie Harris, R-Crestwood, reviewed the provisions
of SB 245, though he said he felt it was hardly needed for a
bill that was so well-hashed.
“This is a bill that’s been out there. It’s been discussed for a
while,” he said.
Aside from adding the new IDs, SB 245 would also set new
procedures for issuing licenses, reaffirming the Kentucky
Transportation Cabinet as the issuing body, and would change
renewal periods. Kentuckians would only have to renew their
licenses every eight years, instead of the current four-year
requirement.
Sen. Robin Webb, D-Grayson, lodged one of the votes against SB
245, calling it “a reach.”
“It’s not exactly protecting my security,” she said, but the
federal requirement of enhanced IDs “certainly will adversely
affect my right to travel, so I vote no.”
The bill is now on its way for consideration in the House.
--END--
March
22, 2016
Senate committee approves open records measure
FRANKFORT— A bill aimed at increasing governmental transparency
passed favorably out of the Senate Committee on State and Local
Government on Tuesday.
House Bill 80, which has already gotten two readings before the
full Senate, narrows open records exemptions for private firms
providing public services. The bill would require entities
offering services traditionally performed by government agencies
and receiving at least a quarter of their revenue from taxpayers
adhere to the same open records laws as their government
counterparts.
Sponsor Rep. Chris Harris, D-Forest Hills, was joined by
Kentucky Press Association Executive Director David Thompson
testifying in support of HB80. According to Harris, the genesis
of the bill was a much-litigated case from his home county.
Utility Management Group, based in Pikeville, operates water and
sewer services for the publicly owned Mountain Water District in
Pike County. Its revenue is derived from public funds. In 2011,
after critical state audit of the water district, local fiscal
court officials and media members filed open records requests to
review how taxpayer money was being spent to manage the
district. UMG denied the requests, leading to a protracted court
battle.
The State Court of Appeals ultimately ruled last summer that the
company was required to follow Kentucky open records laws.
Senate Majority Floor Leader Damon Thayer, R-Georgetown – who
serves on the committee – indicated the Senate will likely move
quickly to pass the bill. HB80 passed the House by a 92-0 vote
on Feb. 1.
--END--
March
22, 2016
Proposed Road Plan,
Transportation budget pass House budget panel
FRANKFORT -- State road and bridge projects totaling $4.58
billion are proposed in the 2016-2018 state Road Plan approved
today by the House budget committee.
The plan—found in House Bill 305, sponsored by House
Appropriations and Revenue Chair Rep. Rick Rand, D-Bedford—would
authorize 1,239 highway construction projects, including $996
million in state-funded projects and $2.23 billion in federally
funded projects, from fiscal year 2016 through fiscal year 2018.
Supporters say it would also reduce what budget experts called
“over programming”—or projects included over budget—proposed in
the Executive Branch version of the Road Plan from $1.63 billion
to $797 million, according to committee testimony.
Key projects in the road plan include: $159 million in federal
funds to continue the expansion of the Mountain Parkway, begun
in 2014, and to plan an expansion of the parkway from
Prestonsburg to Beckley, WV; funds to begin design on the
upgrade of the Hal Rogers Parkway from Somerset to Hazard; funds
for an interchange on I-65 in Bullitt County; funds to begin
work to upgrade the Natcher Parkway to interstate standards
between Owensboro and Bowling Green; preconstruction for a new
I-69 bridge at Henderson; preconstruction work on the Heartland
Parkway in Marion and Taylor counties; and funding to widen I-75
in Rockcastle County and I-64/I-75 in Fayette County.
Funding for the projects would be provided in HB 304, also
sponsored by Rand, which also cleared committee. That bill would
also provide funding for administration of the state
Transportation Cabinet, state aviation projects, rail projects
and other transportation needs across the Commonwealth.
Most if not all of the House Minority members on the committee
voted against the bills. Rep. John Carney, R-Campbellsville,
pointed to the proposed House Road Plan’s handling of funding
for different stages of work on the Heartland Parkway as a
reason for his dissent. The proposed House plan would authorize
preconstruction on the parkway through Carney’s home county of
Taylor in the next biennium but not construction.
“The people I represent I feel like have been left behind
somewhat and that frustrates me a great deal,” said Carney.
“It’s a disgrace, it’s embarrassing, the people all over
Kentucky deserve better.”
Rep. Leslie Combs, D-Pikeville, said funding for design for the
Taylor County portion of the parkway project is included in the
proposed House Road Plan for 2018, extending into the “out
years”—or the last four years of the House’s proposed six-year
road plan. The last four years extend from 2019 to 2022.
State law requires the General Assembly to adopt the last four
years of the six-year road plan as a joint resolution, which has
the force of law but is not included in the statutes. That
legislation, House Joint Resolution 91, also sponsored by Rand,
made it through the committee with HBs 304 and 305.
Both bills and the resolution now go to the House floor for
consideration by all members.
--END--
March
21, 2016
Parental rights bill clears hurdle in
House
FRANKFORT—The Kentucky House voted 97-0 today to expand the
circumstances under which parental rights may be involuntarily
terminated.
House Bill
129, sponsored by Rep. Ron Crimm, R-Louisville, would expand
legal grounds for involuntary termination of parental rights to
include instances where a parent caused, attempted to cause, or
was complicit in the death or serious physical injury of a child
or that child’s parent, stepparent, de facto custodian or
guardian.
Crimm
sponsored similar legislation in 2015. That bill, HB 42, passed
the House 98-0 but stalled in the Senate late in the 2015
legislative session.
“This is …
a bill that the court system wants—a bill that could save a
(child’s) life,” said Crimm.
HB 129 now
goes to the Senate for consideration.
--END--
March
21, 2016
Anti-dog fighting bill approved by House
FRANKFORT—Kentucky would become the 50th state to make it a
felony to possess, breed, sell or otherwise handle dogs for the
purpose of dog fighting under a bill that has cleared the state
House.
House Bill 428, sponsored by Rep. Wilson Stone, D-Scottsville,
would define dog fighting in statute as the fighting of two or
more dogs for sport, wagering or entertainment and allow those
who intentionally own, possess, breed, train, sell or transfer
dogs for dog fighting to be charged with first-degree cruelty to
animals, a Class D felony.
Dog fighting is already illegal in Kentucky yet is often hard to
prosecute under current law. Law enforcement often has to catch
a fight in progress to make an arrest the way the law is
written, supporters of HB 428 say.
“This bill provides language that makes it easier for law
enforcement and the courts to apprehend and prosecute those
involved in this shameful practice,” said Stone. “It is a giant
step forward in our attempt to remove the scourge of dog
fighting from the Commonwealth.”
The legislation would not apply to hunting dogs, dogs that guard
livestock, service dogs or companion dogs, said Stone.
The bill passed the House 97-0 and now goes to the Senate for
consideration.
Similar legislation was approved by the Senate and delivered to
the House last month.
--END--
March 18,
2016
This Week at the State Capitol
March 14-18
FRANKFORT—An eventful week at the Capitol saw the arrival –
finally – of a full House.
Four new state representatives were sworn in on Tuesday, filling
vacant seats in the chamber in time for the legislative scramble
as the 2016 General Assembly session heads into its home
stretch. The newcomers: Lewis Nicholls, D-Greenup, a former
judge and son of a former state legislator; attorney Daniel
Elliott, R-Gravel Switch; Jeff Taylor, D-Hopkinsville, an
economic development professional; and Chuck Tackett,
D-Georgetown, a farmer and former county magistrate.
The ceremony was a prelude to a flurry of legislative action as
the House and Senate passed bills focused on improved public
safety, civil rights and education as the week progressed. As
expected, though, the real focus of the 11th week of the General
Assembly session was the biennial budget as the House passed its
version with a 53-0 vote on Wednesday. The budget, House Bill
303, and related budget legislation were forwarded for Senate
consideration.
The nearly $21 billion budget bill would roll back some funding
cuts proposed by Gov. Matt Bevin to many areas of state
government and authorize less debt than proposed in the
governor’s proposal. The HB 303 budget would eliminate cuts for
constitutional agencies and select education programs while
fully funding the troubled Kentucky Employees’ Retirement System
by tapping into $500 million the governor wanted to set aside as
a permanent fund for future pensions.
With only nine legislative days remaining, the Senate now gets a
chance to craft its reply. After next week, March 28-29 are
concurrence days set aside for floor passage of bills from the
opposite chamber. The 10-day governor’s veto recess follows,
with the final two days of the regular session scheduled for
April 11-12.
The legislature must agree on a budget before then or face a
possible special session.
While much focus was on the budget and associated bills this
week, numerous other measures took steps forward, including:
Bible classes in public schools. Senate Bill
278, which would allow public schools to offer Bible literacy
classes, passed on Monday. The classes, which proponents say
would not be evangelical in nature but focus on the book as
literature and a sociological study, would be taught as a social
studies elective. The measure has been sent to the House for
consideration.
Community college tuition. House Bill 626 would
provide Kentucky high school graduates with two years’ worth of
paid tuition at a state community college under a bill that
passed the state House by an 86-11 vote on Thursday. The bill
would create the Work Ready Kentucky Scholarship Program to
cover Kentucky Community and Technical College System (KCTCS)
tuition for recent Kentucky high school grads or GED recipients
under the age of 19 who complete applications for financial aid,
enroll in at least 12 credit hours a semester, and maintain a
cumulative 2.0 grade point average. The bill has been sent to
the Senate.
Protected rights. Senate Bill 180 states that
it would promote the rights of people to exercise their freedom
of speech, conscience and religion. The bill, which was filed in
response to a case in which a lawsuit was filed against a
Lexington custom T-shirt shop for refusing to make shirts
celebrating a gay pride event, would prevent lawsuits or
punishment in such cases. The bill specifies that it protects
the freedom of religion for individuals who offer customized
artistic, expressive, creative, ministerial or spiritual goods
and services.
Voting. House Bill 290, passed by a 57-37 vote
in the House on Monday, would allow no-excuse, in-person voting
at least 12 working days – including two Saturdays – before an
Election Day. Kentucky currently only allows voting before an
election by absentee ballot with a qualified excuse. HB290 was
forwarded to the Senate for consideration. The bill has been
sent to the Senate.
Coal mines. Senate Bill 297 would end
Kentucky’s mine safety inspection program by converting the
state’s 62 inspectors to “safety analysts” whose
responsibilities would include correcting dangerous practices
through “behavior modification” instead of issuing costly
citations. State inspectors currently test underground mines for
hazards six times a year in addition to the four federal
inspections. Surface mines are tested four times: twice by state
inspectors and twice by MSHA. The measure, which passed the
Senate on a 25-11 vote on Thursday, now awaits consideration in
the House,
Sexual assault kits. Senate Bill 63, a measure
aimed at eliminating a backlog of more than 3,000 sexual assault
examination kits – some as much as 40 years old. The bill also
would expedite the testing of new kits, directing police to
retrieve the evidence from hospitals within five days and submit
the evidence to the state crime lab within a month. The bill has
been sent to the House for consideration.
The legislative pace is sure to increase as the 60-day General
Assembly heads into its 12th week. To stay informed on the
progress of bills, to offer feedback to lawmakers or to ask
questions about legislative topics, call the Assembly’s
toll-free message line at 800-372-7181.
-- END --
March 18,
2016
Hair braiding deregulation bill weaves through Senate
FRANKFORT – The Kentucky Senate approved a measure that would
repeal regulations on natural hair braiders by a unanimous vote
today.
“It is an attempt to untangle some government regulations,” said
sponsor Sen. Perry B. Clark, D-Louisville. “Hair braiding is a
time-tested practice that has deep roots in African cultural
heritage.”
The measure, known as Senate Bill 269, would remove the
requirement that natural hair braiders get a cosmology license.
He said natural hair braiding, as the name applies, uses no dyes
or chemicals.
“Across this country, state governments have made it illegal for
braiders to make money from a braiding skill unless they have
first spent thousands of dollars on government-mandated
cosmetology licenses and training,” Clark said. “To add insult
to injury, this training never even breaches into the braiding
areas.”
He said licensure was once imposed only on professionals like
doctors and lawyers before citing the following statistics: Less
than 5 percent of Americans needed a government license to work
in the early 1950s. Now, more than 30 percent of workers have
government-issued licenses.
Clark said he suspected that licensure was used to protect
established businesses from competition and not the often-touted
claims of promoting public health and safety.
“Research has demonstrated that occupational licensing laws,
such as those governing natural hair braiders, create artificial
and unnecessary barriers to entry for entrepreneurs seeking to
take their first step on the economic ladder,” Clark said. “The
right to earn an honest living is a central part of our nation’s
promise of opportunity.”
Clark said SB 269 would provide “economic freedom for natural
hair braiders.”
Sen. John Schickel, R-Union, stood in support of SB 269. He said
it’s an example of how government regulations can have
inadvertent consequences. He said the Senate needed to spend
more time “looking at ways to not make laws but repeal laws and
regulations.”
SB 269 now goes to the state House of Representatives for
consideration.
-- END --
March 18,
2016
Abuse-deterrent opioid drug bill
moves to Senate
FRANKFORT—Kentucky health insurers would be required to have
abuse-deterrent opioid painkillers in their formulary under a
bill that passed the state House today.
House Bill 330, sponsored by Rep. Addia Wuchner, R-Florence, and
Rep. Joni Jenkins, D-Shively, is designed to encourage the
prescribing and use of “abuse-deterrent” opioid analgesic drugs
which Wuchner said cannot be crushed, snorted or injected by
drug abusers as readily as other opioids can.
Opioid analgesic drugs include painkilling drugs like
hydrocodone, morphine, and oxycodone.
“We know the heroin epidemic that we have, and we know we don’t
begin by sticking a needle in our arm and injecting heroin. It
often begins with the opioid medication that you find in the
(medicine) cabinet,” said Wuchner, a registered nurse.
Approved by the FDA, Wuchner said abuse-deterrent opioids, or
ADOs, would not be able to be substituted with another opioid if
an ADO is what is prescribed. The ADO would also have to be
covered by health insurance companies if prescribed.
Health insurers would be required under HB 330 to have one ADO
in their formulary but would be encouraged to have two per an
amendment to the bill approved by the House.
HB 330 passed the House 94-1 and now awaits the Senate’s
consideration.
--END--
March 18, 2016
EMS death benefits bill goes to governor
FRANKFORT—A bill that would
give families of emergency medical services personnel killed in
the line of duty the same $80,000 state death benefit now
provided to families of fallen police and firefighters is on its
way to the governor’s desk.
Senate Bill 43, sponsored
by Sen. Tom Buford, R-Nicholasville, was filed following the
death of Jessamine County paramedic John Mackey last November.
Mackey was struck by a car while on ambulance duty.
The bill would provide an
$80,000 death benefit to families of paramedics, emergency
medical technicians, rescue squad members or any other emergency
medical services personnel who are killed on the job on or after
Nov. 1, 2015.
Rep. Russ Meyer,
D-Nicholasville, presented SB 43 on the House floor for a vote.
Surrounded by Mackey’s family and colleagues, Meyer the
retroactive provision in the bill will allow Mackey’s family to
be covered.
“On behalf of the John
Mackey family … and Jessamine County, we thank everyone here in
this body today,” said Meyer.
SB 43, which passed the
Senate unanimously on Feb. 24, is similar to House Bill 54,
sponsored by Rep. Dean Schamore, D-Hardinsburg, which passed the
House unanimously earlier this session.
SB 43 passed the House 95-0
and now makes its way to the governor for his signature.
-END-
March 17,
2016
Community college scholarship bill clears House hurdle
FRANKFORT—Recent Kentucky high school graduates would receive
two years of free tuition at a state community college under a
bill that passed the state House by an 86-11 vote today.
House Bill 626 would create the Work Ready Kentucky Scholarship
Program to cover Kentucky Community and Technical College System
(KCTCS) tuition for recent Kentucky high school grads or GED
recipients under the age of 19 who complete applications for
financial aid, enroll in at least 12 credit hours a semester,
and maintain a cumulative 2.0 grade point average, said bill
sponsor and House Speaker Greg Stumbo.
“(HB 626) fills the gap between the all the scholarships and
financial aid that is available to a student now and what the
actual tuition costs are—it is the last dollar in,” said Stumbo,
D-Prestonsburg.
Funding for the program—which would total $13 million in the
first year and $19.9 million in the second year of the next
two-year budget cycle—would be appropriated by HB 303, the House
Executive Branch budget proposal approved by the House yesterday
that is now awaiting action in the Senate. The first
scholarships under the program would be available for the fall
2016 term, said Stumbo.
Three states have similar scholarship programs, supporters of HB
626 say, with 11 more states including Kentucky considering
legislation this year to establish a program for their students.
House Minority Whip Jim DeCesare, R-Rockfield, attempted to
amend the bill with language that would create a program
structure for identifying workforce development partnership
projects eligible for financing should bond funds become
available. A proposed $100 million bond pool for workforce
development proposed by Governor Matt Bevin was removed from HB
303, the state budget proposal, before the bill narrowly passed
the House and moved on to the Senate on Wednesday.
“I think if the Governor hadn’t brought his program to light… we
might not see this piece of legislation—so I think a little
credit needs to go to the Governor for bringing this issue up
and bringing light on the subject of the need to have a
workforce-ready population for the Commonwealth of Kentucky,”
said DeCesare.
DeCesare’s proposed amendment fell a few votes short of the
support it needed to bring the amendment to a House vote,
although Stumbo said the amendment had “great worth.”
“There was nothing wrong with his amendment, and I will say to
him and to the body that if the Senate chooses to do something
along those lines, and wants to use this bill as a vehicle,
we’ll be back here making a motion to concur with that amendment
if he is wanting to establish a workforce ready fund and, as we
go through the budget process, if there’s monies that would go
into that fund and there are adequate safeguards as we would all
want. There’s nothing wrong with that,” said Stumbo.
--END--
March
17, 2016
Senate bill would reduce KY’s role in mine inspections
FRANKFORT – Supporters of a bill liberalizing Kentucky’s
mine-safety laws said the measure’s passage in the state Senate
today would provide some relief to a beleaguered coal industry.
The legislation, known as Senate Bill 297, would end Kentucky’s
mine safety inspection program by converting the state’s 62
inspectors to “safety analysts” whose responsibilities would
include correcting dangerous practices through “behavior
modification” instead of issuing costly citations. It passed by
a 25-11 vote but not before a lively floor debate among senators
– some of which come from families with long histories of coal
mining.
“I’m for the free markets along with rational oversight deciding
what is most efficient, not the government picking winners and
losers,” said Sen. Chris Girdler, R-Somerset. “That is exactly
what we have seen occur over the last eight years – burdensome
regulations, gotcha games and an administration that makes no
bones about wanting to put the coal industry out of business.
“I call it strangulation by regulation.”
He said SB 297 would eliminated wasteful duplication between
state and federal mine inspectors by making the federal and
state efforts more “complementary” to each other. He described
an environment where the Federal Mine Safety and Health
Administration inspectors would still do punitive inspections
while the state safety analysts would encourage best practices
to prevent accidents.
Girdler said Kentucky has lost more than 10,000 coal mining jobs
in recent years – or 56 percent of the people directly employed
by the coal industry. He said Kentucky is coming off its lowest
level of coal production since 1954 and Eastern Kentucky just
mined its lowest level since 1932.
Sen. Stephen West, R-Paris, said there are only 120 mines left
in Kentucky, adding that 318 mines have closed in the last 18
months. He said there was not enough mines open to justify 62
state inspectors.
“We are here today because the war on coal has been tremendously
successfully,” said West, who voted for the bill. “At one time
we had thousands of mines in this state.”
Senate Minority Floor Leader Ray S. Jones II, D-Pikeville, said
he “reluctantly” voted against the bill out of concern that coal
mine operators would “take cuts” to safety measures because of
the unprecedented economic pressures they face.
“This is not an approach I can support,” he said. “There is a
value to having state mine inspectors.”
Sen. Robin L. Webb, D-Grayson, also voted against the measure.
She is a former general counsel to a coal mine operator.
“I feel the federal presence,” Webb said. “I felt it in my job
as general counsel and as a miner and beyond. That is a D.C.
issue. Let’s take that case to Washington. Let’s take the case
of the mine inspectors camping out at the few mines we have up
working and being onerous and silly in the implementation of the
federal law.”
She said federal overreach doesn’t relieve the state of its
responsibility to protect Kentucky’s coal miners.
SB 297 now goes to the state House of Representatives for
consideration.
-- END --
March
17, 2016
Finalists for Vic Hellard Jr. Awards Announced
FRANKFORT -- Six legislative staff members who spent their
careers working behind the scenes are about to receive
well-deserved recognition with today’s announcement that they
have been selected as finalists for the 2015 and 2016 Vic
Hellard Jr. Awards.
The Vic Hellard Jr. Award is the highest honor bestowed by
Kentucky’s Legislative Research Commission (LRC). The award’s
namesake, Vic Hellard Jr., was executive director of the LRC
staff for 19 years.
The LRC changed eligibility criteria for the award last year to
specifically honor nonpartisan legislative staff members, past
and present. Under the new structure, the award will alternate
each year between current and past nonpartisan LRC staff
members.
Of the six finalists announced today, three are in the running
for the 2015 Vic Hellard Jr. Award, which recognizes current LRC
workers for their distinguished service. The other three
finalists are former LRC workers who are eligible for the 2016
Vic Hellard Jr. Award.
The finalists for the 2015 Vic Hellard Jr. Award are:
• Jenny Bannister, LRC Assistant Budget Director
• Sally Everman, LRC Project Center Supervisor
• Sheila Mason, LRC Legislative Record Compiler and Intern
Program Coordinator
The finalists for the 2016 Vic Hellard Jr. Award are:
• Joyce Honaker, retired LRC Committee Staff Administrator for
the State Government Committee
• Scott Payton, retired LRC Public Information Officer
• Ginny Wilson, retired LRC Deputy Director for Research and
Finance
Photos and bios of finalists for the 2015 Vic Hellard Jr. Awards
can be viewed here.
Photos and bios of finalists for the 2016 Vic Hellard Jr. Awards
can be viewed here.
The 2015 and 2016 Vic Hellard Jr. Awards will be presented later
this month at the State Capitol. All finalists will be honored
at a reception at the Capitol.
“The quintessential LRC employee thrives behind the scenes,
quietly working to keep the machinery of the legislature humming
along,” said David A. Byerman, Director of the Legislative
Research Commission. “But Vic Hellard continues to inspire us to
aim ever higher, serving as ambassadors and champions for the
legislative process. Of our many worthy nominees, the six
finalists we announce today represent the pinnacle of
legislative performance at the LRC, and we are truly proud of
their dedicated public service.”
The Vic Hellard Jr. Award was created in memory and recognition
of longtime LRC Director Vic Hellard Jr., who was a champion of
legislative independence and played an instrumental role in the
modernization of the legislative institution and nonpartisan
staffing. Serving nearly two decades at the helm of LRC, Vic was
known not just for his contributions to an independent General
Assembly, but also for his wit, appreciation of history, and his
mentoring of hundreds of young people who now serve the people
of the Commonwealth and carry on his legacy.
--END--
March 16,
2016
Branch budgets clear House, move to Senate
FRANKFORT—A nearly $21 billion state budget bill that supporters
say would restore some funding cuts proposed by the Governor to
many areas of state government and authorize less debt than
proposed in the Governor’s budget narrowly passed the House
tonight by a vote of 53-0.
House Bill 303, sponsored by House budget Chair Rick Rand,
D-Bedford, restores funding cuts proposed by Governor Matt Bevin
for constitutional agencies, PVAs, postsecondary education,
several K-12 programs and several other offices while agreeing
with the Governor’s plan to preserve per-pupil school funding,
boost pay for state troopers and other front-line state
employees. It also proposes a way to fully fund the state’s
required contribution to the state employee and teacher pension
systems, although using a different mechanism than that proposed
by Governor Matt Bevin.
Cuts of 4.5 percent this fiscal year and 9 percent over the next
biennium—known as “budget stabilization reductions”—proposed by
the Governor for most other state government agencies were
retained in the House bill with some exceptions: Constitutional
offices like Secretary of State, the state Treasurer and
Attorney General which were slated for the cuts would have that
funding restored in the House plan, as would the Department of
Veterans’ Affairs and specific other agencies
Absent from the House plan is a $100 million bond pool for
workforce development proposed by the Governor (although the
bill would appropriate over $32 million for a proposed Work
Ready Kentucky Scholarship Program for community colleges) and a
“permanent fund” the Governor proposed as a repository for
funding future pension needs.
As for total debt in the plan: A summary of HB 303 provided to
the House budget committee before its vote on the bill on
Tuesday states that HB 303 carries less debt than the Governor’s
plan. Total debt in the Governor’s plan, according to the
summary, is $624.6 million, $460.2 million which would be
supported by the state. HB 303 would reduce that proposed debt
to $548.6 million, with $384.2 million supported by the state
General Fund, with $283 million left in the state rainy day fund
at the end of fiscal year 2018.
Those who opposed the bill did so for a variety of reasons
ranging from the belief that the budget includes funding for
Planned Parenthood, which Rand said it does not, to frustration
voiced by many House Minority party members that projects
requested for their districts were left out of the proposal.
Rep. Suzanne Miles, R-Owensboro, said she submitted a list of
requested coal severance projects for Union County only to find
those projects omitted from the bill.
“I did submit my list as I did two years ago, exactly in the
same form. … I’m extremely disappointed that my projects are not
listed,” said Miles.
Rand said HB 303 accomplishes his budget goals which include
fully funding the state’s actuarial required contributions (ARC)
for the Kentucky Teachers’ Retirement System and the Kentucky
Employees Retirement System (which would receive an additional
$90 million above its ARC) without any bonding, protecting
learning and results programs like family resource centers and
Gifted and Talented programs, and holding down state debt.
Rand defended the proposal’s handling of the pension
issue—including the proposal’s elimination of the permanent fund
proposed by the Governor.
“Our theory was, why wait? Why are we waiting? Why aren’t we
investing in teachers’ retirement now? We have the money, it’s
there. Why just let it sit in escrow, for what purpose? … That’s
why we chose to fund the ARC,” said Rand.
Several amendments were proposed to HB 303 but only one in
addition to the House committee substitute to the bill made it
through. That was House Floor Amendment 10, sponsored by House
Minority Leader Jeff Hoover, R-Jamestown, which passed by a vote
of 49-46. The amendment authorizes debt service for the planned
Bowling Green Veterans’ nursing home which is on track to
receive federal approval, according to Rep. Michael Meredith,
R-Brownsville, who presented the amendment for a vote.
Also approved by the House was the Judicial Branch budget found
in HB 306, also sponsored by Rand, which passed by a vote of
51-48, and the Legislative Branch budget in HB 499, sponsored by
Rand, which passed 69-31. Both of the budgets would spare the
branches from 4.5 percent cuts this fiscal year but apply the
budget stabilization cuts of 9 percent over the biennium as is
proposed for most of the Executive Branch. The proposed cuts in
both bills, said Rand, would only be applied to the branches’
nonconstitutionally-required and nonstatutorily-required duties.
HB 423, also sponsored by Rand, was passed by a vote of 63-37.
Known as the “revenue bill,” the measure authorizes revenue
needed to balance the Executive Branch budget as proposal in HB
303.
All bills now go to the Senate for its consideration.
--END--
March 16, 2016
Bill aimed at bolstering child safety laws advances
FRANKFORT – The state Senate passed a measure today designed to
give added protection to children with life-threating allergies
and babies of struggling new parents by a 37-0 vote today.
Known as House Bill 148, it would require the state Cabinet for
Health & Family Services to write regulations allowing for
licensed day cares or baby sitters to get prescriptions for
epinephrine autoinjectors, commonly known by the brand name
EpiPen. It is a medical device for the injection of a measured
dose of adrenaline commonly used for the treatment of
anaphylaxis.
An amendment to HB 148 would expand Kentucky’s Safe Infants Act
of 2002 by allowing parents of newborns to have up to 30 days to
surrender their baby at a state-approved “safe place” without
facing criminal charges. Current law gives parents 72 hours
after a child is born to leave the baby at safe place.
The amendment would also add churches or other places of worship
to the list of approved safe places where an infant could be
surrendered. The current law only includes hospitals, police
stations, firehouses and emergency medical services (EMS)
providers.
Under the Safe Infants Act, parents remain anonymous and cannot
be pursued or prosecuted unless an abandoned infant shows signs
of abuse or neglect.
“This bill is endorsed by many of our religious groups,” said
Sen. Julie Raque Adams, R-Louisville, “and I think it is a very
positive piece of legislation.”
A bill that would similarly expand Kentucky’s Safe Infants Act
passed the state House of Representatives by a 92-1 vote on Jan.
25 and was assigned to the Senate Judiciary Committee three days
later.
HB 148 now goes back to the House for consideration of changes
the Senate made to the bill.
-- END --
March 16, 2016
Bill advances to quicken sex assault exam kit testing
FRANKFORT – The state Senate unanimously approved a bipartisan
measure today to eliminate a backlog of sexual assault
examination kits dating back to the 1970s.
Known as Senate Bill 63, it would establish policies and
procedures for the swift and proper handling of the kits, said
Sen. Denise Harper Angel, D-Louisville.
“During the 2015 legislative session, I sponsored Senate Joint
Resolution Bill 20 which required all law enforcement agencies
to report the number of untested assault kits to the Auditor of
Public Accounts,” said Angel, who sponsored SB 63. “The
resolution passed unanimously through both chambers and the
audit revealed 3,090 untested kits. Throughout the 2015 interim,
I held meetings with stakeholders from various law enforcement
agencies and Senate Bill 63 is the result.”
Specifically, SB 63 would require Kentucky’s more than 300
police departments and 120 sheriff’s departments to pick up
sexual assault kits from hospitals within five days’ notice from
a hospital that the evidence is available, submit the kits to
the state crime lab within 30 days, prohibit the destruction of
any kits and notify victims of the progress and results of the
tests.
The measure would also require the average completion date for
kits tested not to exceed 90 days by July 2018 and not to exceed
60 days by July 2020. It currently takes about eight months for
a kit to be tested once it has been submitted to the lab. The
progress of the testing would be reported annually to the
Legislative Research Commission and state auditor’s office.
Sen. Whitney Westerfield, R-Hopkinsville, said SB 63 was amended
to provide the state crime lab relief from the testing deadlines
if it does not receive additional tax dollars to cover the added
work. He said the governor’s proposed budget includes $4.5
million needed to do the additional testing, but the General
Assembly has yet to approve a budget.
“The objective is to make sure we do not have another backlog
like this again,” Westerfield said of SB 63.
The measure now goes to the state House of Representatives for
consideration.
-- END --
March
16, 2016
State budget bill passes House panel; floor vote expected today
FRANKFORT—A state budget plan that would reverse proposed
funding cuts for K-12 education programs and state colleges and
universities while fully funding the state’s recommended
contributions to its ailing public retirement systems has
cleared the House budget committee.
House Bill 303, sponsored by House Appropriations and Revenue
Chair Rick Rand, D-Bedford, and passed by the committee on
Tuesday night, would maintain per-pupil funding for education
(known as SEEK) as proposed by Governor Matt Bevin in the
state’s next $21 billion two-year state budget while restoring
cuts proposed by the Governor to several K-12 services including
family resource and youth service centers (FRYSCs) and
preschool, Gifted and Talented and more. Proposed budget cuts
for colleges and universities were also struck by the committee,
as was a provision that would base future funding on a college
or university’s performance.
Cuts of 4.5 percent this fiscal year and 9 percent over the next
biennium—known as “budget stabilization reductions”—proposed by
the Governor for most other state government agencies were
retained in the House bill with some exceptions: Constitutional
offices like Secretary of State, the state Treasury and Attorney
General slated for budget stabilization cuts over the biennium
have their funding restored in the House plan, as do the
Department of Veterans’ Affairs, the Executive Branch Ethics
Commission and a handful of other agencies.
As for pensions, HB 303 would appropriate around $1 billion over
the biennium to meet the actuarial required contribution, or
ARC, for the Kentucky Teachers’ Retirement System without using
bonding. It would
fund the Kentucky Retirement Systems’ state employees’
nonhazardous pension plan at the Governor’s recommendation of
the ARC of $60 million in the first year and around $70 million
in the second year of the biennium plus an extra $44.7 million
in each of the next two fiscal years.
The Governor has proposed funding the ARC plus the additional
$90 million or so over the biennium for the state employee
system with help from what are called “contingent
appropriations,” which are contingent upon revenues that exceed
certain budget expectations. He also proposed using those same
type of appropriations to help fund KTRS pensions, and
recommended transferring $500 million over the biennium from the
state public employees’ health insurance fund to a “permanent
fund” to help secure future pensions. The permanent fund is not
included in the House proposal.
Absent from the House plan is a $100 million bond pool for
workforce development proposed by the Governor. HB 303 would,
however, provide over $32 million over the biennium for a
proposed Work Ready Kentucky Scholarship Program for community
college students and provide a funding mechanism to provide
state need-based college scholarships to another 35,000
students.
HB 303 agrees with the Governor’s proposal to provide raises for
state social workers, corrections workers and Kentucky State
Police Troopers. It would also beef up salaries for the state’s
Commercial Vehicle Enforcement officers.
A summary of HB 303 provided to the House budget committee
before it approved the bill Tuesday night states that the House
budget plan carries less debt than the Governor’s plan. Total
debt in the Governor’s plan, according to the summary, is $624.6
million, $460.2 million which would be supported by the state.
HB 303 would reduce that proposed debt to $548.6 million, with
$384.2 million supported by the state General Fund, with $283
million left in the state rainy day fund at the end of fiscal
year 2018.
HB 303 emerged from the House budget committee with the support
of most House Majority members. Most if not all members of the
House Minority members on the committee passed on their vote on
HB 303 in committee, with many saying that they agreed with
parts of the bill but needed more time to review the proposal.
Rep. Steven Rudy, R- Paducah, who has filed a floor amendment
that would make several changes to HB 303, said in committee
that he is pleased HB 303 doesn’t propose bonding to fund
pensions.
“That seems like an easy fix but I think the governor made it
clear—he’s not going to sign any bill with bonding, borrowing
from the future, and I really appreciate you guys refusing to
give in to that temptation,” said Rudy.
Rand that while HB 303 would adopt many of the cuts and supports
proposed by the Governor it also would set “a few goals” that he
said he believes HB 303 can meet.
“They are (to) invest in education, and this budget would invest
in education heavily; to pay 100 percent of the (pension) ARC,
and this budget will pay 100 percent of the ARC; that it will
lower debt below what the Governor has proposed, and it will
have the highest Budget Reserve Trust Fund in the history of the
Budget Reserve Trust Fund—this budget will contain all of
those,” said Rand.
HB 303 is expected to be brought to the House floor for a vote
by all members this afternoon.
--END--
March 15, 2016
Senate passes bill addressing religious freedom
FRANKFORT – A bill advanced in the state Senate today that
supporters said would protect the religious freedom of business
owners but detractors warned might undermine existing civil
rights laws.
Known as Senate Bill 180, the measure would protect the freedom
of religion of individuals who offer customized artistic,
expressive, creative, ministerial or spiritual goods and
services, said Sen. Albert Robinson, R-London. It passed by a
22-16 vote.
“Shouldn’t a florist, baker and other creative artists’
First-Amendment rights of free exercise of religion be
respected?” Robinson said, before quoting a section of the
Kentucky Constitution that prohibits interference with “rights
of conscience.”
“Yet, that is what many wish to do – to have government to force
people to using their creative skills to participate in
something that violates their faith conscience,” Robinson said.
He said that he introduced SB 180 in response to a Lexington
custom T-shirt shop getting sued for refusing to make shirts
celebrating a gay pride event.
“This bill helps to promote the time-honored principle of ‘live
and let live’ and encourages a balanced environment of mutual
respect and civility in our public square,” Robinson said.
Sen. Joe Bowen, R-Owensboro, said he was supporting SB 108
“I also think that each of us probably interprets the Bible in a
way that is most convenient for us,” he said. “Having said that,
I’m going to cling the premise that this is a ‘live and let
live’ piece of legislation. In doing that, I’m going to assume
it protects those we are fearful that we are discriminating
against with this piece of legislation. The ‘live and let live’
premise, in my opinion, protects all parties involved.”
Sen. Brandon Smith, R-Hazard, voted for SB 180 because it was “a
common sense” measure. He said everyone would be outraged if the
government forced Jewish bakers to make cakes featuring Nazi
symbols and minority bakers to make cakes featuring Ku Klux Klan
symbols.
“Hopefully, we will have some common sense where we can rally
around people we know are being unfairly treated – that are
being made to do something that we know goes against who they
are,” Smith said.
Sen. Reginald Thomas, D-Lexington, said he couldn’t support the
bill because it would discriminate against gay people.
“That is no difference than what you say back in the 1930s when
there was rampant anti-Semitism in this country or back in the
1950s and ‘60s when blacks were … demanding civil rights,” he
said. “We just have to fast forward 50 years now were gays are
just demanding their rightful place in our society as equal
citizens. This bill is designed to prevent that, and I can’t go
along with that.”
Robinson said he personally believes homosexuality and same-sex
marriage are sinful, but disagreed with Thomas’ analysis that SB
180 would legalize some forms of discrimination.
“A restaurant owner could not deny service to a transgendered
individual,” he said, “and a bakery could not refuse to sell
pies and cookies to someone because of their sexual
orientation.”
Sen. Wil Schroder, R-Wilder, said the Fayette Circuit Court
ruled in favor of the Lexington T-shirt maker by finding the
business was within its right not to make a T-shirt promoting
gay rights. In voting against SB 108, he said the Senate should
wait to see if that ruling is overturned on appeal before
considering any legislation.
Sen. Julie Raque Adams, R-Louisville, said she couldn’t support
SB 180, in part, because of economic concerns. She said the bill
may be seen as discriminatory by businesses interested in
investing in her hometown – the state’s largest city.
“I understand the need to balance competing interests in a very
diverse society … but I’m concerned Senate Bill 180 goes way too
far,” she said. “I’ve heard from constituents and my business
community that this is just not needed.”
SB 180 now goes to the state House of Representatives for
consideration.
-- END --
March 15, 2016
Needle exchange and disposal bill passes Senate
FRANKFORT – The state Senate passed a bill regulating the
disposal and free handout of needles today by a 28-10 vote.
House Bill 160 would require the Department of Public Health to
establish guidelines for safe disposal of hypodermic syringes,
needles and what’s known as “sharps” containers. In addition, HB
160 would require the guidelines to be provided to certain
medical facilities and pharmacies.
It was an amendment to HB 160 that would place further
restrictions on needle exchanges, legalized under last year’s
anti-heroin legislation (Senate Bill 192), which prompted debate
on the Senate floor.
Sen. Ralph Alvarado, R-Winchester, said supporters of SB 192
“sold” skeptical senators on giving drug addicts free needles by
promising one-for-one exchanges. He said supporters were
“emphatic to say it would not be a giveaway program but rather
individuals could bring in one dirty needle and get one clean
one in response.”
Senate Majority Floor Leader Damon Thayer, R-Georgetown, said he
too was disappointed to learn over the interim that some health
departments in Kentucky decided not to require a dirty needle
for every clean needle they give out.
“I will vote for this bill defining a needle exchange as a
one-for-one exchange, which was the original intent, and if it
doesn’t pass … I will file a bill next year to eliminate the
needle exchange all together. I’m willing to give this one more
year.”
Last year, Louisville adopted a needle distribution program that
doesn’t require a one-to-one exchange of needles. When the
proposed amendment to HB 160 was debated in a recent Senate
Health and Welfare Committee meeting, Sen. Denise Harper Angel,
D-Louisville, argued against the amendment, saying that if the
goal is to decrease the spread of disease, public health workers
should be able to hand out free needles without being required
to collect a used one.
HB 160 now goes back to the House for consideration of changes
the Senate made to the bill.
-- END –
March
15, 2016
Bill would regulate nursing home violation adverts
FRANKFORT – The state Senate passed a bill that would mandate
how information about a nursing home’s safety and health
violations could be advertised by a 25-13 vote yesterday.
Senate Bill 205 would require that advertisements of nursing
home inspection results also prominently include the date of any
deficiencies found, the plan to correct them and whether they
were corrected. The measure also calls for a disclaimer that the
advertisement wasn’t endorsed by a government entity.
Sen. Danny Carroll, R-Paducah, characterized SB 205 as a “truth
in advertising” measure. He said “deep pocket attorneys” are
taking out misleading advertisements “fishing for clients” in
Kentucky.
“This bill is not in any way trying to limit a law firm’s
ability to file suit in any of these circumstances,” said
Carroll, who introduced the bill. “It is simply about fairness
in advertising and nothing more.”
Senate Minority Floor Leader Ray S. Jones II, D-Pikeville, said
it is an unconstitutional bill “that is blatantly in violation
of the First Amendment.” He
added that if lawyers were taking out truly misleading
advertisements, they could be sued for defamation.
“If you want to make it fair, when a nursing home advertises,
maybe they should be required to disclose their infection rates,
the rates of pressure sores, the mortality rate from
facility-acquired infections,” he said, before reading excerpts
from nursing home inspection reports that described deplorable
conditions.
Sen. Ralph Alvarado, R-Winchester, said he supported SB 205
after witnessing a nursing home in his district get targeted by
misleading advertisements. He said the advertisement listed
deficiencies without stating they were from 2013, had long been
corrected and that the nursing home had a new owner with a
history of no safety or health violations.
SB 205 now goes to the state House of Representatives for
consideration.
-- END --
March
14, 2016
Bill would make Bible literacy classes an elective
FRANKFORT – Public school students would get the option to take
Bible literacy classes under a measure that passed the state
Senate today.
The measure, known as Senate Bill 278, would allow Bible
literacy courses to be taught in public schools as a social
studies elective. The bill would require that the “course
provide students knowledge of biblical content, characters,
poetry, and narratives that are prerequisites to understanding
contemporary society and culture, including literature, art,
music, mores, oratory, and public policy.”
SB 278 came to a floor vote after being unanimously approved by
the Senate Education Committee on March 10 after several
senators spoke in favor of it.
“This bill would not have a religious connotation as much as a
historical connotation,” bill sponsor Sen. Robin L. Webb,
D-Grayson, said while testifying before the committee. “As you
know, I’ve practiced constitutional law about 30 years now … and
I certainly feel like this bill passes constitutional muster on
any neutrality issues that would arise.”
Webb added that she took a “Bible as literature” course when she
attended East Carter High School.
Committee member Sen. Reginald Thomas, D-Lexington, said he
didn’t believe the U.S. Supreme Court intended to prevent all
discussion of religion in public schools.
“I think we have reached a point … in our society where we have
become afraid to talk about religion and faith in our schools,”
he said. “I do think it is important and pertinent to talk about
theology and talk about different religions and talk about the
Bible. The Bible isn’t something we should run away from.”
Another committee member, Sen. Gerald A. Neal, D-Louisville,
said he found a college course he took on western religions
intellectually stimulating.
“I think this brings values and roundness to the educational
experience,” he said of SB 278.
The measure now goes to the state House of Representatives for
further consideration.
-- END --
March
14, 2016
Early voting bill clears House, goes to Senate
FRANKFORT—A bill that would allow early voting across the
Commonwealth has passed the state House.
House Bill 290, sponsored by House Standing Committee on
Elections, Constitutional Amendments, and Intergovernmental
Affairs Chair Rep. Reginald Meeks, D-Louisville, said the bill
would allow no-excuse in-person voting least 12 working days,
including two Saturdays, before Election Day. Kentucky currently
only allows voting before an election by absentee ballot with a
qualified excuse.
Meeks said the bill would make Kentucky the 38th
state to allow early voting without any justification or excuse,
telling the House that the “right to vote should be carefully
preserved.” “So what we have here is a question of, at what cost
democracy?” Meeks said.
The bill had been brought to the floor last week but was put on
hold until an official statement on the bill’s fiscal impact
could be drafted. While the state fiscal note says that a
minimal fiscal impact to the state General Fund is expected, a
local mandate statement on the bill revealed that at least two
county clerks expect the bill’s impact on counties “to be
significant.” Rep. Tim Moore, who voted against the bill,
expressed concern about the possible local impact.
“I think that it is the right spirit, I think it’s the right
idea,” to encourage voting, said Moore, R-Elizabethtown. But he
said concerns have been raised in his district because “it will
cost significant dollars.”
“I can assure you in some of our county clerk offices, a small
increase in cost is not minimal—it is a significant burden,”
Moore said.
Rep. Jill York, R-Grayson, said she has been told that the
Kentucky County Clerks Association opposes HB 290, but Meeks
said the bill has received “mixed messages” from the county
clerks.
“We have those clerks who say they can handle it…and we have
those who say it may impact on (their) fiscal ability to
function. So we have mixed messages from them,” said Meeks. He
said many counties are already open on Saturdays (as would be
required for early voting under HB 290) and that the bill offers
flexibility on how many voting locations a county clerk may
have.
“I’m simply saying to you…represent those people who would vote
if they could get there within that limited 12 hours,” that
polls are open on primary and General Election days from 6 a.m.
to 6 p.m, said Meeks.
Minority Floor Leader Jeff Hoover, R-Jamestown, who made the
request last week to delay a vote on the bill, said he voted
today for the bill because he told Meeks that he would support
the bill if Meeks allowed time for more input on the bill. But,
he said, he does not think HB 290 is a good bill.
“There’s questions about the language, there’s questions about
the constitutionality,” said Hoover.
Meeks said he understands concerns from county clerks and
others, and that he will work with the Senate to make necessary
adjustments to the bill. But he said he believes expanding
access to voting “is the best course for us to go as a
Commonwealth and as a nation.”
HB 290 passed by a vote of 57-37 and now goes to the Senate for
consideration.
--END--
March 11,
2016
This
Week at the State Capitol
March 7-11
FRANKFORT—Like the rest of the country, lawmakers at the Capitol
are bracing for an incoming wave of March Madness.
Yes, there are plenty of enthusiastic college basketball fans at
the Capitol. But this March is also a time when hallways,
legislative offices, committee rooms and legislative chambers
are getting increasingly busy as the 2016 General Assembly heads
deeper into its final half.
With only 14 legislative days remaining in the regular session,
the pace of actions on bills already picked up. The House passed
bills this week on local option sales taxes and student-athlete
safety, among others. Meanwhile, the Senate sent bills regarding
judicial redistricting, abortion clinic standards and Kentucky
schools’ academic calendar to the other chamber.
As the NCAA selection committee has been busy selecting the
tournament’s field of 68 teams, committees in both chambers of
the Capitol have been similarly occupied, moving dozens of bills
along the legislative process before Selection Sunday. Among
legislative topics this week:
Local option sales tax.
On Friday, the House approved HB 2, a proposed constitutional
amendment that could ultimately give cities and counties the
ability to levy up to a penny in sales tax for specific local
projects. If the Senate also approves the bill, it would put the
proposed amendment on statewide ballot this November. If the
amendment is approved by Kentucky voters this fall, it would
allow the General Assembly to give cities and counties the power
to hold a local option sales tax referendum. Local voters could
then decide whether to allow their local government to levy a
limited sales tax of up to one percent to pay for a proposed
infrastructure project, like sewer plants or convention centers.
Judicial redistricting.
On Thursday, Senate Bill 8 passed a floor vote in the Senate.
The bill, if approved by the House, would add a proposed
constitutional amendment to the November ballot. When ratified,
the amendment would lead to redistricting of circuit and
district courts every 10 years, during the same years are
legislative redistricting. The amendment would ensure judges are
assigned to courthouses with higher populations, which usually
translates into higher caseloads. It would bring the first such
adjustment to the state judiciary since 1976. SB 8 was forwarded
to the House, where it awaits consideration.
Abortion.
The Senate passed a bill on Wednesday requiring abortion clinic
operators wanting to open new facilities in Kentucky to meet
higher operating standards. Senate Bill 212, if it becomes law,
mandates that clinics have full operating suites with oxygen,
crash carts and other medical supplies in addition to having a
physician on staff with admitting privileges at a hospital
within 50 miles of the clinic. SB 212 advanced to the House for
consideration.
Minimum Wage.
The House Appropriations and Revenue Committee passed House Bill
278 on Tuesday, which would raise the minimum wage to $8.20 an
hour. The proposed increase, the state’s first since 2009, would
reportedly affect an estimated 26,000 Kentuckians currently
working for minimum wage. The bill would not, however, affect
small businesses -- companies with an average annual gross sales
volume of less than $500,000 would be exempt. HB 278 is now
awaiting full House action.
School calendar.
The Senate passed a bill Tuesday that, if passed by the House as
well, would allow for a later start to the school year. Under
Senate Bill 50, schools would have the option to start later, a
move that would help tourism, according to sponsors. Schools
that start later would not be required to adhere to the current
170-day academic year, instead slightly extending each school
day to reach the required 1,062 instructional hours a year. The
bill is now under consideration in the House.
Rape kit testing.
Senate Bill 63, which advanced out of committee on Thursday,
directs the state’s 300-plus police departments and 120
sheriff’s departments to retrieve sexual assault kits within
five days’ notice from a hospital that the evidence is
available. SB63 would also require law enforcement to submit kit
samples to the state crime lab within 30 days, prohibit the
destruction of any kits and notify victims of the progress and
results of the tests. The bill will now be considered by the
full Senate.
Animal cruelty.
On Wednesday, the House Judiciary Committee passed a bill geared
toward thwarting dog fighting in Kentucky. House Bill 428 would
make it a Class D felony – punishable by a fine and a 1-5 year
prison term – for the possession, training, breeding, and
selling of dogs for the purpose of dog fighting. The bill is now
awaiting a vote by the full House. A similar bill has also been
approved by the Senate.
Student-athlete safety.
House Bill 217, approved by the House and delivered to the
Senate, would clarify the circumstances under which a high
school athlete suspected of having a concussion may return to
play. If the bill becomes law, any athlete suspected of having a
concussion would be prohibited from returning to play if no
physician or other licensed medical provider is present at the
practice or competition to evaluate them. Athletes who aren’t
evaluated would not be able to play in any future practice or
game unless they have written clearance from a physician.
Tanning teens.
The Senate Health and Welfare Committee passed a bill that would
make tanning salons off limits for youngsters on Wednesday.
Senate Bill 108 would prohibit anyone under 18 from using a
commercial tanning bed in a commercial location, except for
medically necessary treatment. It now awaits a vote by the full
Senate. Currently, state law requires teenagers between the ages
of 14 and 18 to have a signed parental consent form to use
commercial tanning beds.
College scholarships.
House Bill 626, passed by the House Appropriations and Revenue
Committee on Tuesday, could help pay tuition for thousands of
community college students. The bill includes the “Work Ready
Kentucky Scholarship Program,” which would help pay KCTCS
tuition not covered by scholarships, federal or state grants. To
qualify, students would have to be enrolled full-time and
maintain a 2.0 grade point average, among other stipulations. HB
626 is now being considered by the full House.
Finally, just as the NCAA tournament has its late “play in”
selections, the final four teams chosen to join the field, the
Capitol this week is preparing to welcome four new House members
who were winners of Tuesday’s special election for vacant House
seats. The new members will be sworn in next week.
The General Assembly works best when citizens are informed and
engaged. To offer feedback on issues under consideration or to
ask questions about legislative topics, call the Assembly’s
toll-free message line at 800-372-7181.
-- END –
March
11, 2016
Local option sales
tax proposal moves forward
FRANKFORT— The House today advanced a proposed constitutional
amendment that could ultimately give cities and counties the
ability to levy up to a penny in sales tax for specific local
projects.
The passage of House Bill 2, sponsored by House Speaker Greg
Stumbo, D-Prestonsburg and House Minority Floor Leader Jeff
Hoover, R-Jamestown, by both the House and Senate is required to
put the proposed amendment on statewide ballot this November.
Should the amendment be approved by Kentucky voters this fall,
it would allow the General Assembly to give cities and counties
the power to hold a local option sales tax referendum. Local
voters could then decide whether to allow their local government
to levy a limited sales tax of up to one percent to pay for a
proposed infrastructure project, like sewer plants or convention
centers.
The tax would be eliminated once a project is paid off,
according to the legislation.
“It’s done in other states across the nation, rather
effectively,” said Stumbo, adding that the proposal has
bipartisan support.
Hoover said he has always supported the proposal, adding that he
does “encourage the members in here to support it, and let’s
pass it out and await action in the Senate.”
“I have always believed that this is an opportunity for local
governments to make local decisions for local citizens to be
involved in making decisions on projects that may be important
to their community,” said Hoover.
Among those voting against the bill were Rep. Jim Wayne,
D-Louisville, who has long encouraged comprehensive tax reform
in the General Assembly. Wayne said all sales taxes
disproportionately burden low-income wage earners.
“You say, ‘well it’s just a penny.’ But ladies and gentlemen,
for a person in the lowest 20 percent of income families in our
state, which is (an income of) $16,000 and below, those people
it is estimated would pay an additional $70 a year because of
this tax. The top 1 percent (of wage earners) would pay $350 a
year,” said Wayne.
HB 2 passed the House by a vote of 60-31 and now goes to the
Senate. Following its approval of HB 2, the House voted 55-36 to
pass HB 374 which would set out how local option sales taxes
could be used if the constitutional amendment proposed by HB 2
is approved by voters in November.
Known as the “enabling legislation” for the proposed
constitutional amendment found in HB 2, HB 374, sponsored by
Rep. Tommy Thompson, D-Owensboro, would set out the rules and
requirements for a local option sales tax levy in Kentucky. It
would stipulate that only infrastructure projects would qualify
for a local option sales tax levy and that one levy could cover
a maximum of 10 projects, among other rules.
HB 374 also now goes to the Senate for consideration.
Legislation similar to HB 2 passed the House by a vote of 62-35
in 2015 but did not pass the Senate.
-END-
March 10,
2016
Senate’s judicial redistricting
bill seeks ‘equal justice’
FRANKFORT –
The state Senate passed a proposed constitutional amendment
today 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.
Known as
Senate Bill 8, the constitutional amendment passed by a 26-12
vote. It 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, who has introduced similar
measures during the prior two sessions.
“This year
we decided to do it in a form of a constitutional amendment,”
Schickel said. “The reason we decided to do it in the form of a
constitutional amendment is because of the importance of this
issue. This issue goes to the very governance of the
Commonwealth of Kentucky and the relationship between the three
co-equal branches of government.”
He said
Kentucky’s judiciary system has not been redistricted for four
decades.
“Think about
if we had not redistrict our senate seats … in over forty years
and how inequitable that would be,” Schickel said, a former law
enforcement officer. “But that is exactly what is going on right
now in our judicial branch.”
Sen. Tom
Buford, R-Nicholasville, said that has caused backlogs of cases
in growing urban areas that potentially deny citizens speedy and
equal justice – something enshrined in both the U.S. and
Kentucky constitutions.
“What this
asks for is to assign a fair caseload,” he said. “How can you be
oppose to that? It is just an odd situation that in some areas
of this state you have to wait in line too long to get what is
called a speedy trial.”
Sen. Wil
Schroder, R-Wilder, said the least busiest judicial circuits
average 379 cases per year while the busiest circuits average
1,300 per year.
“That is
quite a big discrepancy,” said Schroder, a former prosecutor in
Campbell County. “I think we do need this constitutional
amendment.”
Sen. Joe
Bowen, R-Owensboro, said he represents a district that needs
more judges. It is one of two in Kentucky that does not have a
family court judge.
“We’re one
of those being impacted by not having equal justice under the
law because of the disparity in the workload of the judges
across the Commonwealth of Kentucky,” he said. “I’m in total
support of this measure.”
Sen. Brandon
Smith, R-Hazard, spoke out against the measure. He said it would
be harmful to Eastern Kentucky.
“What I am
seeing at home frightens me,” he said. “We are seeing population
leave, but the crime isn’t going with it. We have seen areas
that have a greater population than ours that have less crime.”
Schickel
responded by emphasizing that SB 8 would require the Kentucky
Supreme Court to conduct judicial redistricting – based on
population and caseloads.
Sen. Robin
L. Webb, D-Grayson, praised Schickel for his work but said she
wasn’t convinced SB 8 was the right thing for Kentucky.
“Caseload
doesn’t always indicate the complexity of the litigation,” she
said. “That is hard to quantify.”
The bill now
goes to the state House of Representatives for consideration.
-- END --
March 10,
2016
Cell number protection bill receives
House OK
FRANKFORT—
The marketing, selling or sharing of a subscriber’s cell phone
number for commercial reasons without the person’s written
consent would be illegal under a bill that has passed the
Kentucky House.
Penalties
would be stiff for wireless service providers, directory
providers or others who violate the prohibitions in House Bill
413, sponsored by Rep. Gerald Watkins, D-Paducah, with fines
ranging from $1,000 to $10,000 per violation, according to the
bill. A separate fine would be levied for each instance where a
wireless number is illegally marketed, shared or sold.
Watkins said
he filed the bill after receiving telemarketing calls for years
despite having his phone number on the official government
do-not-call list.
“I begged
them, I pleaded with them, I’ve sweet-talked them, I’ve played
along with them and they just hang up on me,” said Watkins. “In
a 20-day period, I collected seven different numbers that they
called from—the same company—and turned them over to the
Attorney General and they were (untraceable)… So I decided to go
after the ones who were actually selling this list and providing
them to telemarketers.”
Watkins said
everyone he has talked to has had a similar experience, adding
that he is particularly concerned for the elderly who receive
calls from “unscrupulous” telemarketers trying to defraud them.
The bill
would exempt those who share a wireless number for law
enforcement or other emergency purposes, wireless services
transferring service at the customer’s request, sales agents who
provide wireless numbers to a wireless service for billing or
customer service, the sharing of wireless numbers through open
records, or numbers shared by wireless providers or directory
companies as part of their service to the subscriber.
Wireless
numbers disclosed because of a criminal act, such as a breach,
would also not be considered a violation as long as the wireless
service or directory provider attempts to notify the subscriber
of the issue.
Speaking in
support of the bill was Rep. David Hale, R-Wellington, who said
he, like Watkins, has received unwanted calls that he can’t
track down, including a recent call from Boise, Idaho he
received a few days ago.
“I’m
thinking ‘who do I know from Boise, Idaho?’ I answer the call,
and it is someone trying to sell me a credit card. So I call the
number back after immediately hanging up and it’s a number that
says no longer in service,” said Hale. “I do applaud the
gentleman for this bill, and I support it wholeheartedly.”
HB 413
passed the House 95-0 and now goes to the Senate.
-END-
March
10, 2016
Bill tackling untested rape kits passes
KY Senate panel
FRANKFORT –
After a legislative-ordered audit found more than 3,000 untested
sexual assault examination kits in Kentucky, a state Senate
panel approved a bill today to get those kits tested.
Senate Bill
63 would require Kentucky’s more than 300 police departments and
120 sheriff’s departments to pick up sexual assault kits from
hospitals within five days’ notice from a hospital that the
evidence is available, submit the kits to the state crime lab
with 30 days, prohibit the destruction of any kits and notify
victims of the progress and results of the tests.
Additionally, SB 63 would require the average completion date
for kits tested not to exceed 90 days by July 2018 and not to
exceed 60 days by July 2020. It currently takes about eight
months for a kit to be tested once it has been submitted to the
lab. The progress of the tests would be reported annually to the
Legislative Research Commission.
“During the
long but very important process of developing this bill, the
working group put together a bill which ensures swift justice
for victims, takes criminals off the streets and protects future
generations,” said Sen. Denise Harper Angel, D-Louisville, who
advocated for the initial audit and sponsored SB 63.
The audit
was ordered under Senate Joint Resolution 20 which passed
unanimously through both chambers last year. It found law
enforcement in possession of 3,090 untested sexual assault kits
– some dating back all the way to the 1970s.
SB 63 was
amended in committee to provide the state crime lab relief from
the testing deadlines if it does not receive additional money to
cover the added work. Committee Chairman Sen. Whitney
Westerfield, R-Hopkinsville, said the governor’s proposed budget
includes $4.5 million needed to do the additional testing but
the General Assembly has yet approved a budget.
“Since we
don’t yet know if that is going to stay, or how much it will be
if it does stay, I wanted to make sure we didn’t hold the lab
accountable to a timeline that they couldn’t meet today if they
had to and wouldn’t be able to meet by 2018 and 2020 unless they
have the additional resources they needed,” said Westerfield, a
former prosecutor.
SB 63 now
goes to the full Senate for consideration.
-- END --
March 9, 2016
Concussion bill gets all-clear from House,
sent to Senate
FRANKFORT—A bill that would clarify under what circumstances a
high school athlete suspected of having a concussion may return
to play has cleared the House.
House Bill 217, sponsored by Rep. Mike Denham, D-Maysville, was
amended and passed by the House by a vote of 96-0 and now goes
to the Senate for consideration.
Should HB 217 become law, high school coaches would not be able
to play student athletes who are diagnosed with a concussion,
said Denham. Any athlete suspected of having a concussion would
be prohibited from returning to play if no physician or other
licensed medical provider is present at the practice or
competition to evaluate them.
Athletes who aren’t evaluated would not be able to play in any
future practice or game unless they have written clearance from
a physician, Denham said.
Current law prohibits student athletes suspected of having a
concussion from returning to play on the day of the suspected
injury until they are medically evaluated. Athletes found to
have a concussion cannot return to practice or play on the same
day as the injury, nor are they allowed to participate in future
practices or games without medical clearance. Athletes are
allowed to return to play no concussion is determined.
Denham said the bill has the support of the Kentucky High School
Athletic Association.
-END-
March 9, 2016
Abortion clinic standards addressed in Senate bill
FRANKFORT – Abortion clinic operators wanting to open new
facilities in Kentucky would have to meet higher operating
standards under a bill that passed the state Senate by a 32-5
vote today.
Known as Senate Bill 212, the measure would require abortion
clinics to have full operating suites with oxygen, crash carts
and other medical supplies in addition to having a physician on
staff with admitting privileges at a hospital within 50 miles of
the clinic. The legislation seeks to “protect women’s health,”
said Sen. Albert Robinson, R-London, who sponsors the
legislation along with Sen. Whitney Westerfield, R-Hopkinsville.
Robinson said it’s reasonable that abortion clinics should abide
by the same safety protocols as surgery centers. Settings for
less invasive surgical procedures, such as inserting ear tubes in
a child, are required to meet certain standards and abortion
clinics should do the same, he added.
“The requirement will not cause existing clinics to be shut
down,” Robinson said. “If an existing clinic is properly
licensed as of July 1, 2016, it will be grandfathered through
the process.”
Sen. Reginald Thomas, D-Lexington, voted against the measure
because he said it would raise barriers to a lawful medical
procedure.
“This bill is our abortion bill of the week,” Thomas said in
reference to of several abortion-related bills working their way
through the General Assembly. “I would submit that if you are a
young woman in Kentucky of child bearing years, it has been a
very rough session for you.”
SB 212 now goes to the state House of Representatives for
consideration. A similar measure in the House, known as House
Bill 492, was introduced last month and has been assigned to the
House Health & Welfare Committee.
-- END --
March 9,
2016
House panel approves bill to crack down on dogfighting
FRANKFORT— A bill that would outlaw the possession, training,
breeding, and selling of dogs for the purpose of dog fighting
has passed the House Judiciary Committee.
House Bill 428, which advanced out of committee on Wednesday,
would make it a Class D felony in the first degree to knowingly
own, possess, keep, breed, train, sell or otherwise transfer a
canine for the purpose of dog fighting.
A Class D felony is punishable with a fine and a sentence of one
to five years in prison.
Rep. Wilson Stone, D-Scottsville, the bill’s primary sponsor,
cited Kentucky’s stature as the last remaining state to not pass
this type of legislation.
“You hate for Kentucky to be last in any particular thing but
this is certainly an area where we don’t want to be last,” he
said.
Testifying in support of the bill, Louisville Metro Police
Officer Lisa Nagle, a nine-year veteran of the force, said that
in her experience those involved in the bloodsport also tend to
be involved in drug trafficking and other illicit activities.
It’s also more prevalent than we’d like to think, she added,
calling dogfighting “a huge problem” and “an epidemic in
Kentucky.”
After passing today with 13 yes-votes, HB428 heads to a vote in
front of the full chamber.
HB 428 is similar, but not identical, to a bill the Senate
passed in February that would make the owning, possessing,
breeding, training, selling or transferring of dogs intended for
use in fighting a felony punishable by one year to five years in
prison. That legislation, Senate Bill 14, is co-sponsored by
Sen. Paul Hornback, R-Shelbyville and Majority Floor Leader
Damon Thayer, R-Georgetown.
--END--
March
9, 2016
Gettin’ your tan on: It may get harder for KY teens
FRANKFORT – Tanning bed salons would be off limits for
Kentucky’s youngsters under a bill that passed the state Senate
Health and Welfare Committee today.
Senate Bill 108 would prohibit anyone under 18 from using a
commercial tanning bed. An exemption would be given for
physician-prescribed phototherapy, the use of light in the
treatment of physical or mental illness. Tanning beds for home
use would also be exempt from the ban.
“I don’t know if there is a bill that we will hear this session
that has the potential to save so many lives with so few words,”
said Sen. Danny Carroll, R-Paducah, who introduced legislation.
Currently state law requires teenagers between the ages of 14
and 18 to have a signed parental consent form before they can
use a tanning bed.
State Sen. Ralph Alvarado, R-Winchester, cosponsored SB 108.
“As a physician, I know the risks of using a tanning bed,” he
said.
Dr. Laura Klein, a dermatologist in Louisville, testified that
there were three reasons Kentucky needed SB 108. She said minors
are not old enough to make an informed decision on using tanning
beds, multiple scientific studies document the “unequivocal
increase risk of cancer” from tanning beds and that the cost of
treating skin cancer has risen 126 percent in recent years.
“I recently diagnosed a basal cell carcinoma on a beautiful UK
student’s face,” Klein said. “She had been using tanning beds
throughout high school and college. And unfortunately, she now
has an unsightly scare on her face despite plastic-surgery
reconstruction.”
She acknowledged that there is a proposed Food and Drug
Administration ban on anyone under 18 using tanning beds, but
said Kentucky couldn’t afford to wait.
Sen. Max Wise, R-Campbellsville, voted against SB 108 and
explained.
“This is tough,” said Wise, adding that his son is a
neurological cancer survivor, “but I have a difficult time when
we try to legislate a parent’s decision in something like this.”
SB 108 now goes to the full Senate for consideration.
The state House of Representatives passed a similar measure,
known as House Bill 196, by a 55-37 vote in February. It has
been assigned to the Senate Health & Welfare Committee.
-- END –
March
8, 2016
Community college scholarship bill clears
House A&R
FRANKFORT—Tuition for thousands
of Kentucky community college students could be covered under a
proposed scholarship bill that passed a House committee today.
The “Work Ready Kentucky
Scholarship Program” proposed in House Bill 626 would cover
Kentucky Community and Technical College (KCTCS) tuition not
covered by federal and state grants or scholarships for Kentucky
high school graduates who have applied for federal student aid,
enroll in at least 12 credit hours a semester, and maintain a
cumulative 2.0 grade point average, said bill sponsor and House
Speaker Greg Stumbo.
Stumbo called the proposal “a
good investment” that would close the tuition gap for students
whose current financial aid falls short of what they need to go
to college.
“Can we say that it’s not a good
investment? I don’t think anybody can argue that it’s not a good
investment. And it would apply to every community college all
across Kentucky,” he said.
Students would have to enroll in
KCTCS academic term immediately following their high school
graduation or before their 19th birthday (for those
obtaining a GED) to be eligible for a Work Ready Kentucky
scholarship, with the first scholarships available for the fall
2016 term, Stumbo said. Scholarships would be available to a
students for up to six semesters or until they earn an
associate’s degree, whichever comes first.
The program would cost the state
$13 million in the first year and $19.9 million in the second
year of the next two-year budget cycle, said Stumbo.
“There will be no new debt
created as a result of this,” he said.
The Work Ready Kentucky
scholarship idea is modeled after the “Tennessee Promise”
scholarship program available to community college students in
Tennessee. Three states have similar scholarship programs with
11 more states (including Kentucky) considering legislation to
establish one this year, said KCTCS President Dr. Jay Box.
Box said the program would reduce
out-of-pocket costs for around 3,200 students, namely those who
are not receiving a full federal Pell Grant. He said the
proposed scholarship would be an incentive for students to
attend classes full time, adding that around 60 percent of KCTCS
students are now part-time.
“What we expect is really meeting the needs of the workforce in
that we are getting students through the pipeline quicker
because it is in incentive for them to take a full load, to be a
full-time student,” said Box.
Among the lawmakers voting against the bill in committee was
Rep. Myron Dossett, R-Pembroke, who said equitable funding of
Kentucky’s community colleges should be addressed. Dossett said
community colleges in some regions currently receive more
funding than those in other regions.
“I do appreciate what you brought forward. I think it’s
something we in the future could look at, but at this time I
would like to see us look at equity in funding for our community
colleges,” he said.
Among those voting for the bill in committee was Rep. Brad
Montell, R-Shelbyville. Montell said he believes the legislation
fits with work now underway in the Executive Branch.
“I think investment in workforce development is long overdue and
I think this will probably complement the work that (the Bevin
administration) is doing,” he said.
HB 626 now goes to the full House for consideration.
-END-
March 8, 2016
Bill to raise state’s minimum wage heads to
House
FRANKFORT—A proposal to raise the
state minimum wage to $8.10 an hour this August has cleared the
House Appropriations and Revenue Committee.
The version of House Bill 278
approved by the committee today eliminated some provisions in
the bill approved by another committee earlier this session that
would have incrementally raised the minimum wage to $10.10 an
hour between 2016 and 2018. Today’s change addresses confusion
about the three-year incremental increase by raising the minimum
wage one time only, said the bill sponsor, House Speaker Greg
Stumbo, D-Prestonsburg.
“So this body would have the
opportunity to come back and review that, obviously next year,
if this bill were to become law,” said Stumbo.
The state’s current minimum wage
of $7.25 an hour has not been raised since 2009. Stumbo, who has
proposed a minimum-wage increase several times in recent years,
said an estimated 26,000 Kentuckians currently work a minimum
wage job.
The minimum wage increase
proposed in HB 278 would not apply to companies with an average
annual gross sales volume of less than $500,000, the bill
states.
Provisions in the original bill
that would prohibit wage discrimination based on sex, race or
national origin for employees who perform equivalent jobs were
retained in the measure passed by the committee today.
HB 278 now goes to the full House
for consideration.
-END-
March
7, 2016
Concealed carry bill passes House, heads to Senate
FRANKFORT—Off-duty and
retired law enforcement officers could carry concealed firearms
anywhere that on-duty law enforcement officers carry firearms
under legislation that has passed the Kentucky House.
House Bill 314 sponsor Rep.
Steve Riggs, D-Louisville, said the bill affirms current law
allowing Kentucky law enforcement officers to carry concealed
firearms whether or not they are on-duty officers, retired
officers, or off-duty officers authorized by their employer to
carry concealed firearms.
“This legislation, or
something like it, already exists in KRS 527. But we have to
move it to this particular section (of KRS Chapter 237) to make
it very clear that we intend our law enforcement officers, when
they are off-duty or retired, have the ability to carry weapons
that they’re trained to use and protect themselves, protect the
public, and protect their family,” said Riggs.
Riggs introduced the
legislation after learning that off-duty officers were stopped
from carrying concealed firearms into a Louisville Palace event.
Police officers in Louisville are required to carry their
weapons both on and off duty, said Riggs.
HB 314, which is also
sponsored by Rep. Charles Miller, D-Louisville, passed by a vote
of 87-2 and now goes to the Senate for consideration. The bill
would take effect immediately should it become law.
-END-
March 7, 2016
Local option sales
tax proposal approved by House panel
FRANKFORT— A proposed constitutional amendment that could
allow cities and counties to levy a local option sales and use
tax for specific projects has cleared a House committee.
If passed by the House and Senate, House Bill 2 would let
statewide voters decide this fall on a proposed constitutional
amendment that would allow state lawmakers to give local
governments the power to enact an up-to-1 percent tax for a
specific local projects for a limited time, if the tax is
approved in a local referendum. The tax would be discontinued
once a project is paid off or a certain number of years has
passed, whichever comes first, according to the legislation.
The proposal, sponsored by House Speaker Greg Stumbo,
D-Prestonsburg, and House Minority Floor Leader Jeff Hoover,
R-Jamestown, cleared its first hurdle when it was approved today
by the House Elections, Constitutional Amendments and
Intergovernmental Affairs Committee.
“It’s actually a three-tier process,” Stumbo said of the
steps taken to enact a local option sales and use tax. “The
people of Kentucky would be given the option as a constitutional
amendment and then if, in fact, it were to be passed as enabling
legislation (by the General Assembly) then the city council or
the governing body … would have to identify a project and vote
to put that proposal before the people and then the people
themselves would have to vote on it.”
Local option sales taxes are now allowed to be levied by
at least one local government in 38 states including every state
bordering Kentucky except Indiana, according to the Kentucky
League of Cities. City and counties in Kentucky have never had
local option sales tax authority under the current state
constitution.
Stumbo compared the proposed legislation to the Kentucky
Education Reform Act, or KERA, which increased funding for
public education in the Commonwealth following its passage in
1990.
“If we say to Kentuckians, as we did 26 years ago with the
KERA legislation, ‘we’re going to ask you to pay more, but we’re
going to show you where it’s going,’ in that instance for
education—in this instance they’d be able to see exactly what
it’s going for, and I believe that’s the way in modern times
that we have to approach these funding situation,” said Stumbo.
Legislation similar to HB 2 passed the House by a vote of
62-35 in 2015 but did not pass the Senate.
HB 2 now goes to the full House for consideration.
-END-
March 4,
2016
This Week at the State Capitol
February 29-March 4
FRANKFORT— A
flurry of new bills were introduced this week as filing
deadlines for the
Kentucky Senate and House came and went.
Eighty-eight
bills were filed before the deadline in the House on Tuesday,
followed by 37 in the Senate before the chamber’s Thursday
deadline. That brings the total bills introduced in this year’s
General Assembly session to 937. That total is the largest since
2008.
Topics for
the deadline filings ranged from tax credits to promote
investment in rural Kentucky counties and charter school pilot
programs to medical marijuana programs. Even fees for horse
jockeys.
As new bills
were being filed this week, other bills continued working their
way through the process. Bills that advanced in recent days
include measures on:
Ultrasounds.
The state Senate passed a bill requiring an ultrasound be
performed before an abortion is performed. Under Senate Bill
152, the physician would also be required to provide a
simultaneous explanation of the image to the patient. The
patient would have the option to view the image but would not be
required to do so. The bill also sets penalties for doctors
failing to comply: $100,000 for a first offense and $250,000 for
each subsequent violation, as well as being reported to the
Kentucky Board of Medical Licensure. SB152 was passed Monday and
advanced to the House for consideration.
Emergency personnel fitness.
House Bill 384, passed by the House on Monday, would allow local
governments to create and adopt voluntary health and fitness
programs for their emergency personnel staffers. The bill does
not include any mandate or appropriation for the programs, but
allows local governments to accept private or public monies to
set up such programs. HB384 is now in the hands of the Senate.
Kentucky Horse Park.
Also on Monday, the Senate voted to reduce the size of the horse
park’s governing board. Senate Bill 200 would trim the park
commission from 17 members to nine. The bill is now in the
House’s hands.
Nuclear power plants.
Senate Bill 89 would change several requirements that have
effectively prevented construction of nuclear power plants in
Kentucky. The bill would change the requirement that facilities
have means of permanent disposal of nuclear waste. Instead, they
would only be required to have a plan for its safe storage, and
that the plans be approved by the Nuclear Regulatory Commission.
The bill passed a Senate vote on Tuesday and was forwarded to
the House.
Protect emergency, health
officials. On Tuesday,
the House passed a bill that would increase the amount of time
someone convicted of the attempted murder of a police officer or
firefighter would be required to serve before being eligible for
parole. Under House Bill 137, at least of 85 percent of a prison
term would have to be served. House Bill 210, which adds health
department inspectors and other staff to a class of protected
professions, also passed a floor vote. HB210 would upgrade an
attack on a health department employee to a third-degree
assault. Both bills are now being considered in the Senate.
Victim rights.
Senate Bill 175 would put a constitutional amendment on the
November ballot to create a crime victim bill of rights. Victims
of violent crimes would have the right to be notified of court
hearings, the punishment and the release date for the
perpetrator, as well as be involved throughout the justice
process. Passed by the Senate on Tuesday, the measure is now
under consideration by the House.
Conceal carry.
The House Judiciary Committee passed House Bill 314, which would
allow off-duty and retired law enforcement officers to carry
concealed weapons in all locations on-duty officers can. HB 314
now faces a vote before the entire House.
Sexting.
The Senate passed a bill on Thursday that would spare juveniles
from a felony record if caught “sexting” – transmitting nude
videos or photos of themselves or other minors via mobile phone.
Senate Bill 37 would reduce the penalty from a felony to a
Class-B misdemeanor for the first offense for perpetrators under
the age of 18. Subsequent offenses would be Class-A
misdemeanors. SB37 now goes to the House for consideration.
Executive branch ethics. House Bill 608, passed
Thursday by the House State Government committee, is an update
the Kentucky Executive Branch code of ethics. The bill includes
language that would require state employees and Executive Branch
officials to report suspected ethics code violations to the
Executive Branch Ethics Commission. The bill would also allow
the Commission to use its restricted funds, something that
currently isn’t allowed unless authorized in the state budget.
The bill would also give the Commission authority to change the
registration fee charged to executive branch lobbyists. The fee
is currently $125. House Bill 608 is now up for a full House
vote.
The General
Assembly works best when citizens are informed and engaged. To
offer feedback on issues under consideration or to ask questions
about legislative topics, call the Assembly’s toll-free message
line at 800-372-7181.
-- END –
March
4, 2016
‘Charlie Brown Bill’ clears Senate on first kick
FRANKFORT – The Kentucky Senate has passed a second piece of
legislation during the 2016 General Assembly designed to protect
the expression of religious viewpoints in schools after a
district removed a biblical reference in a stage adaptation of
“A Charlie Brown Christmas” this past winter.
Senate Bill 106 would permit public schools to sponsor artistic
or theatrical programs that advance students’ knowledge or
society’s cultural and religious heritage and traditions. SB 106
passed by a unanimous vote on Thursday before moving to the
House of Representatives for consideration.
Sen. Brandon Smith, R-Hazard, said he introduced SB 106 because
of a “firestorm” in December that Johnson County school
officials created by removing a Bible passage that the character
Linus was supposed to recite during a student production of the
well-known Peanuts story. Smith said during one performance
parents in audience stood up and loudly recited the censored
lines on their own.
“I think most of us growing up in the school system would have
never given a thought to the fact that we were somehow in
violation of the law by doing the Peanuts play, but somehow this
happened,” Smith said.
Last month, the Senate passed Senate Bill 15. It would set forth
in statute what some protected activities for students are by
enumerating the rights of students to express religious and
political viewpoints in public schools – including state
universities. That would include homework, artwork, speeches and
religious messages on items of clothing.
SB 15 was assigned to the House Education Committee on Feb. 8
for further consideration.
Sen. Reginald Thomas, D-Lexington, explained why he voted for
both SB 106 and SB 15.
“I am opposed to any kind of censorship of art and theater,” he
said, but added he had concerns about another bill addressing
religious freedom.
That measure, known as Senate Bill 180, would prohibit
government from compelling services or actions from anyone if
doing so conflicts with their sincerely held religious beliefs.
During a recent meeting of the Senate Committee on Veterans,
Military Affairs & Public Protection, supporters of SB 180 said
it would protect religious liberty of citizens while detractors
said it would allow discrimination and would undermine fairness
ordinances passed by local municipalities.
SB 180 has received two reading in the Senate but has not been
acted on by the full body.
-- END –
March
3, 2016
Senate bill would reduce penalties for underage sexting
FRANKFORT – Youngsters would be spared a felony if they got
caught trading nude pictures among themselves – a practice known
as sexting – under a bill that passed out of the Kentucky Senate
today by a unanimous vote.
Senate Bill 37 would address people under the age of 18 who
violate the state law by sending sexually explicit images – both
photos and videos – of themselves or other minors via mobile
phones. It would reduce the penalty from a felony to a Class-B
misdemeanor for the first offense and a Class-A misdemeanor for
all subsequent offenses. Former prosecutor Sen. Wil Schroder,
R-Wilder, said the lower penalty would still allow judges to
impose fines, education requirements and community service.
Sen. Joe Bowen, R-Owensboro, said he introduced the legislation
because everyone in the judicial system – from police officers,
prosecutors and judges – needed additional options to punish
youngsters instead of just branding them felons for life. A
conviction under the current law could even land a youngster on
the sex offender register.
“They had identified a problem … within our juvenile population
and that problem actually revolves around this little device
right here,” Bowen said while pointing to a mobile phone he was
holding. “Used properly, we can accomplish a lot with this – get
a lot of good things done. Used improperly, it can cause a lot
of problems.
“We as adults should be about to distinguish right from wrong
and use that device properly. But the fact of the matter is, we
are not the only ones that use this. I dare say that our
juvenile population might use it more than we do. Often times in
their use in this device they make youthful indiscretions – make
bad choices.”
Another former prosecutor, Sen. Whitney Westerfield,
R-Hopkinsville, said SB 37 allows judges to impose a more
nuanced punishment and teach juveniles how serious the crime is
without destroying the youths’ futures.
“This allows them to have a criminal penalty and face
consequences, but hopefully use it has a learning exercise and
not carry a felony conviction – much less sex-offender registry
for the rest of their lives,” Westerfield said.
-- END --
March
3, 2016
College tuition measure advances to Senate
FRANKFORT—A resolution that could pave the way to college for
more Kentuckians who are orphaned or taken away from their
parents as children has passed the Kentucky House.
House Concurrent Resolution 133, sponsored by Rep. Wilson Stone,
D-Scottsville, and Rep. James Tipton, R-Taylorsville, would ask
the state’s public colleges and universities to identify and
give special admissions and tuition aid consideration to
prospective students who lost their parents or were taken away
from their parents due to abuse or neglect and then adopted by a
blood relative or raised by a permanent legal guardian.
Stone said Kentucky law provides public postsecondary tuition
assistance for foster children but not children being raised by
grandparents, other blood relatives or permanent guardians.
Approximately 49,000 Kentucky children are being raised by their
grandparents today, according to the resolution.
“This resolution simply asks our
schools to look hard to find a way to help these families who
are working hard to allow hope to overcome adversity,” said
Stone.
After
attending an event for grandparents who are raising their
grandchildren in his home county last fall, Tipton said he
learned many of the issues facing these families.
“For many
of them this was something in life they had never anticipated.
But they do it because they love their grandchildren and are
offering this support, and this is just a small way to shed some
light on this issue and the hardships that many of them are
dealing with,” he said.
HCR 133
passed the House by a vote of 90-0 and now goes to the Senate
for consideration.
-END-
March 3, 2016
Executive ethics bill clears House State Government panel
FRANKFORT—An update to the state Executive Branch ethics
code—including a proposed change to lobbyists’ registration
fees—has passed the House State Government Committee.
House Bill 608 sponsor and House Majority Caucus Chair Sannie
Overly, D-Paris, said the bill grew out of legislation sponsored
by former State Rep. Tanya Pullin in 2014. That measure, HB 390,
made it through the House State Government Committee but stalled
in the full House.
HB 608—which includes many provisions, including language that
would require state employees and Executive Branch officials to
report suspected violations of the Executive Branch Code of
Ethics to the Executive Branch Ethics Commission—would also
allow the commission to access its restricted fund for
administrative needs that cannot be covered under what Overly
called the agency’s current “shoestring” budget. The commission
cannot currently use its restricted funds without state budget
authorization, says Executive Branch Ethics Commission Executive
Director Kathryn Gabhart, adding that the fund has been bled dry
in recent years due to budget cuts.
“They don’t have the money to conduct hearings on complaints
that are presented to them,” according to Overly. “They
estimate, depending on the type of hearing and length of the
hearing, it can cost from $7,500 to $35,000. So what that does
(to the commission) is puts them in a position where they are
forced to settle these matters because they actually don’t have
the resources to properly investigate them and take them to
hearing.”
That was followed with questions from Rep. Steven Rudy, R-West
Paducah, who asked about a provision in HB 608 that would
replace a statutory registration fee for executive branch
lobbyists with a regulatory fee determined by the commission
itself. The
statutory fee of $125 has been in place since 2006, said
Gabhart.
“They could triple it, they could do whatever and it would not
come back to us except by the Administrative Regulations
(Review) Committee. That may be what we need to do, but I don’t
ever want to hear another cry for budgetary cuts if you can just
set your own fees to take care of what you need—I don’t guess
you’ll even need another General Fund appropriation if you have
this ability,” said Rudy.
Overly said many state agencies have legal authority to set
their fees by regulation, calling $125 to lobby the government a
“nominal fee.”
“This language has been out there now for just a few short
days…but there aren’t any lobbyists that have called (who) have
complained in any way about letting Executive Branch Ethics
regulate that fee,” said Overly.
The commission serves 32,000 executive branch employees with six
employees on staff, four of which are full-time, said Gabhart.
She said complaints, hearings, litigation, and appeals have all
increased “all the way up to the Supreme Court.” At the same
time the commission’s advisory opinions have decreased as its
number of investigations have risen, she said.
“Right now we have upwards of 30 matters ongoing and we have
four full-time employees and two part-time employees handling
those matters,” said Gabhart, adding that each investigation
takes thousands of hours of work. Should HB 608 become law, she
said an increase in lobbyist fees would just cover what the
commission needs to make ends meet.
“That is just enough to keep us afloat,” said Gabhart.
HB 608 would also change how members of the five-member
commission are nominated by allowing the Governor, Auditor of
Public Accounts, Attorney General, Secretary of State, and State
Treasurer to nominate individuals who may be appointed to the
commission by the Governor. Absent from the list of
constitutional officers able to make nominations under HB 608 is
the Commissioner of Agriculture, which spurred Rep. Ken
Upchurch, R-Monticello, to ask why the office was omitted.
Gabhart responded that the State Auditor and Attorney General
are mentioned because current law specifies that the commission
has a working relationship with those two officials. “The
Secretary of State and the Treasurer are the next constitutional
officers we deal with the most,” she said. “It wasn’t
specifically to leave out the Commissioner of Agriculture, it’s
because we only have five members.”
Overly said she would be happy to work with Upchurch on a floor
amendment to add the Commissioner of Agriculture to the bill.
HB 608 now goes to the full House for consideration.
-END-
March 2, 2014
New wellness initiative has LRC workers “On the Move”
FRANKFORT—Capitol staffers will soon be even more on the move.
The Legislative Research Commission (LRC) today launched
LRC on the Move, a
wellness initiative aimed at keeping employees healthy and
feeling good.
LRC on the Move
is a voluntary program open to all employees featuring awareness
messaging, health information and incentives for participants.
Bill O’Brien, LRC Assistant Director for Human
Resources and Professional Development, is spearheading the
initiative, with the support of a newly formed wellness
committee made up of LRC staff. O’Brien is a former Director of
Wellness and Benefits at Rutgers University.
“By encouraging a supportive work environment
and healthy living choices, programs like
LRC on the Move can
make a powerful impact on the lives of employees,” O’Brien said.
“This program reinforces the new direction we’re heading as an
agency: a direction that promotes employee participation and
empowerment.”
Among the goals of the program is highlighting
resources already available to employees, such as
HumanaVitality, an incentive program through which many Kentucky
state employees earn rewards for healthy habits. LRC staffers
can earn rewards
like gift cards from
popular retailers and fitness trackers through that program for
meeting activity goals, weight loss and participating in health
assessment events.
LRC on the Move
is an employee-conceived and led initiative. Several staff
members mentioned their hopes for better wellness efforts during
the 125 one-on-one meetings that LRC Director David A. Byerman
held with employees after he became the agency head last year.
Employees who made the suggestions for a stronger emphasis on
wellness are now among the founding members of the LRC’s
wellness committee.
“LRC on the Move” was one of several names for the program
conceived by the committee and ultimately voted upon by agency
employees.
LRC on the Move
comes at a good time, in the midst of a legislative session in
which some employees might be experiencing more stress or
spending longer hours at their desks. Reminders and
encouragement to eat healthy, release stress, sleep right and
keep active will all be part of the wellness initiative.
According to a study funded by the Centers for Disease Control and
Prevention, around 85 percent of all health care spending each
year is linked to workers with one or more chronic medical
conditions that can be, at least partly, attributed to poor
diet, obesity and a lack of activity – all pitfalls of a busy
office schedule. The
CDC estimates those costs could top $4.2 trillion annually in
the U.S. by 2023.
Today’s launch of LRC on the
Move featured the first “Wellness Wednesday” message in a
morning email bulletin to all LRC staff. The message outlined a
range of simple exercises employees can perform at their desks
to stay limber and in shape.
--END--
March 2, 2016
Concealed carry bill passes House Judiciary panel
FRANKFORT—The right of off-duty and retired law enforcement
officers to carry concealed weapons in the same locations as
on-duty officers would be affirmed under a bill passed today by
the House Judiciary Committee.
Rep. Steve Riggs, D-Louisville, said he filed
House Bill 314 at the request of the Jefferson County Attorney’s
Office in response to a situation in which off-duty officers
were prohibited from carrying concealed weapons into a
Louisville Palace event. Such situations are especially
problematic in Louisville where, Riggs said, police officers are
required to carry their weapons both on-duty and off.
He said HB 314 clarifies current law that allows Kentucky law
enforcement officers to concealed carry whether or not they are
on-duty officers, retired officers, or off-duty officers
authorized to concealed carry by their employer.
“What we’re trying to do here is just have a duplicate statute
in a section that makes it really clear that this has always
been our intent and we want to make it real clear,” said Riggs.
The bill passed the committee with the support of lawmakers like
Rep. Robert Benvenuti, R-Lexington, who described HB 314 as a
life-saving bill.
“There are many people who have had their lives spared because
an off-duty police officer or retired police officer was able to
deescalate or neutralize a threat. So we’re grateful to you,
this is a great bill, I’m voting yes,” Benvenuti said.
Voting against the bill was Rep. Mary Lou Marzian, D-Louisville,
who said carrying a gun “gives a false sense of security.”
“It just encourages and proliferates more violence in our
society. I vote no,” she said.
HB 314, which is also sponsored by Rep. Charles Miller,
D-Louisville, now goes to the full House for consideration.
-END
March 1, 2016
Police, fire, health department protections approved by House
FRANKFORT— Those convicted of attempted murder of law
enforcement or firefighters in Kentucky would have to serve at
least 85 percent of their sentences under a bill approved today
by the House.
House Bill 137 would put criminal attempt to commit murder of a
readily identifiable on-duty law enforcement officer or
firefighter on par with other violent offenses by setting an
85-percent rule for parole eligibility regardless of whether the
officer or firefighter is seriously injured, said Rep. Gerald
Watkins, D-Paducah, the bill’s sponsor.
Those convicted of the crime currently must only serve 20
percent of their sentence to be eligible for parole if the
officer or firefighter is not seriously injured, said Watkins.
“The fact is that 33 percent of all inmates in Kentucky are
paroled the first time they are eligible,” he said.
Voting in support of HB 137 was Rep. John Carney,
R-Campbellsville, who said he was casting his vote in memory of
Richmond Police Officer Daniel Ellis, who died last year after
he was shot by a robbery suspect. The suspect in the shooting,
Raleigh Sizemore, is a convicted felon who was being sought for
parole violations before Officer Ellis was killed.
“I totally support this 85-percent rule…and I would encourage
every member of this body to get behind it,” Carney said of HB
137.
Also voting in support of HB 137 was Rep. Rita Smart,
D-Richmond, who said she was also supporting the bill in honor
of Officer Ellis.
“Many of you remember that Officer Ellis was killed in the line
of duty,” Smart said. “So this is a really good bill, we need
it, and I encourage the body to vote for it.”
HB 137 passed by a vote of 90-0 and now goes to the Senate for
consideration.
The House also voted to strengthen protections for health
department inspectors and other staff by passing HB 210
sponsored by Rep. Wilson Stone, D-Scottsville, and Rep. Bart
Rowland, R-Tompkinsville. That bill would allow anyone who
“recklessly…or intentionally causes or attempts to cause
physical injury to” on-duty public health officers or health
department employees to be charged with third-degree assault.
Currently there are 10 professions in Kentucky that are granted
the protections that health department workers would receive
under HB 210. Teachers, social workers, law enforcement officers
and firefighters are among the professions on the current list.
HB 210 passed by a vote of 88-0 and now goes to the Senate for
consideration.
-END-
March 1, 2016
Proposed constitutional amendment for crime victim
protections advances
FRANKFORT— The Kentucky
Senate today approved legislation that would place a proposed
constitutional amendment on a statewide ballot to create a crime
victim “bill of rights.”
Senate Bill 175, which
seeks to enumerate constitutional protections for crime victims
that don’t currently exist, passed by a 34-1 vote and was
forwarded to the House for its consideration.
Among the bill’s
protections are a right to be heard at steps along the justice
process such as hearings, plea deal negotiations, sentencings
and parole hearings. Victims would also have a stated right to
be treated with “fairness and respect,” to be kept abreast of
developments as a case progresses and to have reasonable
protection from the accused or anyone acting on their behalf if
the bill passes.
Many of the provisions are
commonly offered to victims, sponsor Sen. Whitney Westerfield,
R-Hopkinsville, said while introducing the bill. Many aren’t
codified, however.
Westerfield said there are
around 9,000 violent crimes in Kentucky each year.
“For every one of those
violent offenses, there’s at least one victim, sometimes more.
The rights that they are afforded either don’t exist at all or
exist in random places in statute,” he added.
“While we have a lot of
people at the end of the day that work to make sure victims are
taken care of, I think it’s important that we enshrine (these)
rights in the state constitution.”
The only no vote came from
Sen. Wil Schroder, R-Wilder, who said he supported the bill but
as an amendment to the state constitution it should be studied
further.
If adopted by the House,
the amendment would go to a statewide ballot in November. A win
there would make Kentucky the 33rd state in the U.S.
to enact constitutional protections for crime victims, better
known as “Marsy’s Law.”
“Marsy’s Law for All” is a
national effort to get those rights recognized in all 50 states.
The movement is named for Marsalee “Marsy” Nicholas, a
California college student stalked and killed by her boyfriend
in 1983. A week later, Nicholas’ mother and brother ran into the
suspect at a local grocery store, unaware that he had been
released on bail. They had not been notified.
The brother, Dr. Henry
Nicholas, spearheaded an effort to get victim rights recognized.
The first “Marsy’s Law” passed in California in 2008.
--END--
March 1, 2016
Nuclear power bill advances in Senate
FRANKFORT—A bill that would lift a long-standing moratorium on
nuclear power plants in the state, was approved today by the
Kentucky Senate.
Senate Bill 89 would amend Kentucky Revised Statutes to change
the requirement that facilities have means of permanent disposal
of nuclear waste. Instead they would only be required to have a
plan for its safe storage, and that the plans be approved by the
Nuclear Regulatory Commission.
It would also eliminate several other obstacles to the
construction and maintenance of nuclear facilities.
The bill is sponsored by Sen. Danny Carroll, R-Paducah.
“Lifting the nuclear moratorium in Kentucky is no longer a
regional issue. It is, without question, a statewide issue,”
said Carroll, the latest to introduce the bill – it has passed a
Senate vote several times in recent years.
With 99 reactors running in 30 states and a handful being built,
Carroll said Kentucky is surrounded by states taking advantage
of advances in nuclear energy.
“It has never been more important that we start looking to
diversify the energy portfolio in our state,” Carroll said.
“When you run a business, you look for varied funding streams.
You don’t put all your eggs in one basket… That’s what we’re
doing in our state. Out of fear of nuclear energy, out of
efforts to protect the coal industry, whatever the case may be,
we are putting all our eggs in one basket.”
“We will left behind if we don’t take action. Soon,” he added.
Other changes proposed with the bill include giving the Public
Service Commission authority to hire consultants to perform
duties relating to nuclear facility certification.
The bill, in earlier iterations, has received significant
attention in the western part of the state where many were out
of work when the
Paducah Gaseous Diffusion Plant closed in 2013.
The facility produced enriched uranium for the U.S. Department
of Energy for 50 years before closing.
SB 89 now heads to the House for
consideration.
--END--
February 29, 2016
Emergency personnel fitness bill goes to Senate
FRANKFORT—A bill that would allow local governments to create
voluntary health and fitness incentive programs for their fire
and law enforcement personnel has passed the Kentucky House.
Blood pressure, blood glucose, body mass index (BMI) or other
fitness indicators could be used by local governments to measure
the health and fitness of personnel who participate in an
incentive program created under House Bill 384 should such a
program be approved by local ordinance, said Rep. Tom Riner,
D-Louisville, the sponsor of the bill. Program participation
would be entirely voluntary and could not be used as a measure
of someone’s job performance, Riner said.
“The need for the legislation is simply that it provides a
mechanism where we can track which communities have a fire
department, or a sheriff’s department, or a police department
that would like to be involved in an incentive program,” said
Riner. It would be up to the state Department for Local
Government to retain that information for the public record, he
said.
Successes in an incentive program would be rewarded—monetarily
or otherwise—based on individual or departmental performance, or
the performance of a combination of departments within a local
government or even among different local governments, Riner
explained.
HB 384 does not include an appropriation, but would allow local
governments to accept private or public monies for voluntary
health and fitness programs established under the bill, said
Riner.
“Local fire departments, police departments and sheriff’s
departments could be the recipients of funds collected and given
by those who are interested in those departments actually
getting involved in … health and fitness,” said Riner. “There is
no obligation at all for funding by the state or the local
government—it is all a voluntary operation.”
House Bill 384 passed by a vote of 60-9 and now goes to the
Senate for consideration.
-END-
Feb. 29, 2016
‘Ultrasound bill’ passes KY Senate, goes to House
FRANKFORT – The state Senate passed a bill
seeking to change the informed consent process required prior to
an abortion in Kentucky by a 32-4 vote today.
Senate Bill 152 would require an ultrasound
be performed prior to an abortion and that the woman seeking
that abortion be allowed to see the ultrasound image, said State
Sen. Whitney Westerfield, R-Hopkinsville, who sponsored the
bill. Calling it the “ultrasound bill,” he said similar
legislation had been introduced in the chamber in past years.
“This is inspired in part by a constituent
and friend of mine back in Christian County who expressed …
regret over the experience that she had some many years ago when
she sought an abortion and eventually had that abortion,”
Westerfield said. “When she asked for the opportunity to see the
ultrasound … the nurse ignored her on the first request.”
Westerfield said the nurse only acknowledged
the request after it was made three times but then responded,
“It’s best we not go down that road.” Westerfield said the woman
regrets to this day not insisting that she see the ultrasound.
“I think regardless of everyone’s position on
abortion in this chamber, we can all agree fewer is better,”
Westerfield said. “She wishes she had not gone through it then
and this would have helped her.”
SB 152 now goes before the state House of
Representatives for consideration.
-- END –
February 26, 2016
This
Week in the Kentucky General Assembly
February
22-26
With the Kentucky General Assembly’s 2016 in its second half, lawmakers
have voted on scores of bills, held numerous budget hearings to
dig into the governor’s state spending plan and heard many hours
of testimony on the major education, health care, and crime
issues confronting Kentucky.
But the legislative process is more like a marathon than a sprint, so the
final half of our session is sure to see even more action –
especially as the state budget comes closer to a vote in the
House of Representatives and delivery to the Senate.
The state spending plan was unveiled one month ago by Gov. Matt Bevin,
who proposed 4.5 percent budget cuts for the rest of the current
fiscal year and 9 percent cuts across state government for the
next two fiscal years. The savings are aimed at helping state
pension systems meet obligations.
Not all parts of state government would see spending cuts under the
governor’s plan. The main school funding formula, known as SEEK,
is spared. So is Medicaid, veterans affairs, school district
health insurance, student financial aid and more.
Lawmakers serving on budget committees are currently digging deep into
the spending plan’s details and continue to seek information
from state officials on how proposed spending cuts would affect
state services.
Once House members tailor the spending plan into a document they are
satisfied with, the budget will receive its turn in the Senate.
By session’s end, Senate and House members are expected to meet
in conference committee meetings to iron out differences in each
chamber’s preferred spending plans.
While the budget is the issue commanding the most attention in Frankfort,
many other bills are also working their way through the
legislative process. Bills took steps forward this past week on
the following issues:
Heroin.
Senate Bill 115, would increase penalties for dealing heroin. It
would make trafficking in any amount of heroin a Class C felony
for the first offense. A Class C felony is punishable upon
conviction by between five years and 10 years in prison.
Currently, a person convicted of trafficking in under two grams
of heroin faces a Class D felony on the first offense, which
carries a penalty of one year to five years in prison. SB 115
would also double the time a person convicted of trafficking
less than two grams of heroin would have to serve in prison
before becoming eligible for parole. The bill calls for a person
convicted of any amount of heroin dealing to serve 50 percent of
his or her sentence before being considered for parole. The
legislation was approved by the Senate and how awaits action in
the House.
Life
insurance. HB 408 specifies that a law already on the books requiring life
insurance companies to make a good-faith effort to locate
beneficiaries of death and burial policies should be applied
retroactively. The bill passed the House and has been sent to
the Senate.
EMS.
Senate Bill 43 would create a death benefit for emergency
medical services personnel, if they are employed by a city or
county government and killed in the line of duty. The death
benefit would be $80,000 and go to the next of kin. The bill was
approved by the Senate and sent to the House for consideration.
Adventure tourism. House Bill 38 would allow recreational zip lines to be regulated. The
bill would require the state to set standards for the use and
operation of aerial recreational facilities like outdoor zip
line and canopy tours should it become law. The bill was
approved by the House and sent to the Senate.
Dog fighting.
Senate Bill 14 would make the owning, possessing, breeding,
training, selling or transferring of dogs intended for use in
fighting a felony punishable by one year to five years in
prison. The bill was approved by the Senate and sent to the
House for consideration.
Tenant protection.
House Bill 41 would allow victims of domestic violence to get
out of a lease with at least 30 days’ notice to their landlord.
Additionally, HB 41 would prohibit landlords from denying
someone a lease based on the fact that a person has taken out an
emergency protective order, domestic violence order or other
type of restraining order. The bill also would prohibit
landlords from using rental agreements to penalize tenants who
request assistance from emergency services and allow a victim to
request that locks be changed by the landlord with at least 72
hours’ notice. The bill has been approved by the House. It now
awaits consideration in the Senate.
Firefighters.
Senate Bill 195 would extend government –paid survivor benefits
the families of cancer-stricken firefighters – both professional
and volunteer. The $80,000 death benefit would be paid out of
the state general fund. Under the legislation, the firefighter
would have to be 65 years old or younger at the time of their
passing and had been on the job for at least five consecutive
years. Their cancer also could not be attributed to a
preexisting condition or tobacco. The bill has been approved by
the Senate and delivered to the House.
Drones.
House Bill 120 would specify in state law that it’s illegal to
use a drone to harass someone or for acts of voyeurism, forcible
entry, theft or burglary. All offenses would be misdemeanor
crimes except harassing conduct, which would be a violation
carrying a fine. The bill was approved by the House and has
been delivered to the Senate.
Next week also marks deadlines for introducing new bills in the House and
Senate. At the time of this writing, about 700 bills have been
filed for consideration in this year’s 60-day session. With the
approaching deadline to add to that number, Capitol observers
will soon have an even clearer picture of the range of issues
that will be considered in the days to come
That makes this a crucial time for Kentuckians to stay in close
touch with their lawmakers and offer feedback on the issues of
the day. Citizens can see which bills are under consideration
and keep track of their progress by visiting the Kentucky
Legislature Home Page at
www.lrc.ky.gov. Kentuckians can also share their thoughts
with lawmakers by calling the General Assembly’s toll-free
message line at 800-372-7181.
--END--
February 26, 2016
Life insurance benefits bill passes House, goes to Senate
FRANKFORT—Life insurance companies would have to make a
good-faith effort to find beneficiaries of policies they sold
before the enactment of a 2012 state unclaimed benefits law
under legislation that is on its way to the state Senate.
House Bill 408, sponsored by Rep. Chris Harris, D-Forest Hills,
specifies that the Unclaimed Benefits Act, a law state lawmakers
passed in 2012, should apply retroactively to beneficiaries of
policies sold before the legislation took effect in 2013. Known
as the Unclaimed Life Insurance Benefits Act, the law requires
life insurance companies to determine if a policy holder has
died and then make a solid effort to locate beneficiaries of the
policy.
Harris told the House that HB 408 “is a simple
consumer-protection bill that helps every single life insurance
policy holder in the Commonwealth of Kentucky receive the
benefits that their beneficiaries are owed.”
The bill was amended with a floor amendment sponsored by Rep.
Bart Rowland, R-Tompkinsville, that clarifies what constitutes a
“good-faith effort” by insurance companies under HB 408.
The amendment “simply says that the Department of Insurance
shall promulgate (implement) regulations that communicate to
insurers what actions, steps and undertakings constitute a
good-faith effort,” said Rowland.
HB 408 as amended passed the House 84-0 and now goes to the
Senate for consideration.
HB 408 was filed by Harris this month after the state dropped
its defense of the 2012 law in a case filed by several life
insurance companies against the law four years ago. The
companies argued that the law should not apply to policies
issued before the legislation took effect. An appeals court
agreed, saying Kentucky law requires a retroactivity provision
in any law that is intended to apply to a period before the law
took effect
-END-
Feb. 25, 2016
Senate approves bill to give stronger bite to state’s
dog-fighting ban
FRANKFORT – The state Senate passed a measure by a 36-0 vote
today that would amend Kentucky’ dog-fighting ban to also make
it illegal to promote the practice.
Senate Bill 14 would make the owning, possessing, breeding,
training, selling or transferring of dogs intended for use in
fighting a felony punishable by one year to five years in
prison. In legal parlance, it makes it the “furtherance” of the
act of dog fighting illegal in Kentucky.
State Sen. Paul Hornback, R-Shelbyville, said he introduced the
legislation because Kentucky is the only state without a similar
provision in their animal cruelty laws.
“I started back in June or July … trying to come with some way
to make sure Kentucky was not looked at in a negative manner on
this particular issue because we had been for quite some time,”
said Hornback, who is also a farmer.
He said SB 14 distinguishes farmers who use animals to protect
their livestock from people who fight dogs for a sport. Hornback
said he has donkeys that guard his livestock against coyotes. He
added that he use to have emus that did the same job.
“There are a lot of things out there that go on in the field of
agriculture,” Hornback said, “and I wanted to make sure those
things are protected. I put exemptions in the bill for that.”
Sen. Robin Webb, D-Grayson, accused some national animal welfare
groups of spreading misinformation about SB 14 in an attempt to
promote an agenda of eliminating domestic ownership of all
animals.
“They manufactured a crisis that says (SB 14) will promote dog
fighting,” Webb said. “I respectfully disagree with that.”
Senate Majority Floor Leader Damon Thayer, R-Georgetown, was the
other primary sponsor on SB 14.
“I want to compliment (Hornback) for his, pardon the pun,
dogmatic approach on this bill,” Thayer said. “He never gave up.
He brought all sides together.
SB 14 now goes to the
state House of Representatives for consideration.
-- END --
Feb. 25, 2016
Senate approves improved survivor
benefits for firefighters’ families
FRANKFORT – Surviving family members of cancer-stricken
firefighters are a step closer to qualifying for government-paid
survivor benefits after the state Senate approved Senate Bill
195 by a 37-0 vote today. It wouldn’t matter if the firefighter
was a professional or volunteer.
“Exposure to dangerous carcinogens is a continuous health hazard
to these brave men and women who protect our local communities
and cities,” said Sen. Albert Robinson, R-London.
SB 195 is sponsored by Robinson and Sen. Christian McDaniel,
R-Taylor Mill.
Under the legislation, the firefighter would have to be 65 years
old or younger at the time of their passing and had been on the
job for at least five consecutive years. Their cancer could not
be attributable to a preexisting condition or tobacco – they
cannot have used tobacco in the 10 years preceding diagnosis.
The death benefit would also be $80,000 and be paid out of the
state’s general fund. Estimates have been made of one to four
deaths per year that might be determined to be attributed to the
conditions addressed in SB 195.
Similar legislation has been introduced for the last five years,
and Sen. Morgan McGarvey, D-Louisville, introduced Senate Bill
138 earlier in this session that would do the same thing as SB
195. “It should not go unnoticed that the bill did not get in
this form without a lot of hard work” by McGarvey, said Senate
Minority Floor Leader Ray S. Jones II, D-Pikeville.
SB 195 now goes to the state House of Representatives for
consideration.
-- END --
February 25, 2016
Drone legislation clears House, heads to Senate
FRANKFORT—A bill that would define what a drone is and what
unlawful use of a drone means passed the House today by a vote
of 87-3.
House Bill 120, sponsored by Rep. Linda Belcher,
D-Shepherdsville, would define a drone as an unmanned aircraft
that must be registered with and identified by the Federal
Aviation Administration. Unlawful use of a drone would include
using a drone to harass someone or for acts of voyeurism,
forcible entry, theft or burglary. All offenses would be
misdemeanor crimes except harassing conduct, which would be a
violation carrying a fine.
The bill would not restrict the use of a drone by law
enforcement as part of a criminal investigation, or for “any
lawful commercial or personal use,” it states.
A proposed amendment to HB 120 sponsored by Rep. Diane St. Onge,
R-Lakeside Park, who had sponsored her own drone legislation
in the past several legislative sessions, would have retained
most of the provisions in Belcher's bill and added a harassment
section to create penalties for repeated offenses. The amendment, narrowly defeated by a vote of 43-44, would
have spelled out how drones could be used, and by who, including
use of drones by law enforcement.
One provision in the proposed amendment that led to some debate
would have prohibited law enforcement from using drones to
conduct a search unless officers have a search warrant or
“exigent circumstances exist.” Exigent circumstances allow for
search and seizure without a search warrant if there is probable
cause that a serious crime has been, or will be, committed and
there is not enough time to obtain a warrant.
House Majority Whip Johnny Bell, D-Glasgow, questioned why the
amendment addresses exigent circumstances for use of drones
without a search warrant when use of drones without a warrant
under those circumstances is already allowed. “If there is
exigent circumstances there is never a need for a warrant,” said
Bell.
St. Onge said exigent circumstances are addressed in current law
but that several questions raised about drone use in recent
years required clarity in HB 120.
Belcher said she filed HB 120 after a drone was shot down by a
man living her hometown. She said HB 120 addresses the use of
drones without attempting to limit their use by law enforcement
or regulate their use in the private sector “because drones are
an evolving technology.”
HB 120 now goes to the Senate for consideration.
-END-
February 25, 2016
Nominations being accepted for
2015 and 2016 Vic Hellard Jr. Awards
FRANKFORT -- The Kentucky Legislative Research Commission (LRC)
is accepting nominations for the 2015 and 2016 Vic Hellard Jr.
Awards.
While both awards will shine a light on legislative staff
members who have exemplified high standards in service to the
Kentucky General Assembly, the 2015 award will be presented to a
current member of the LRC staff while the 2016 award will go to
a past LRC employee.
In future years, the award will alternate between those two
classifications
The Hellard award was created in memory and recognition of
longtime LRC Director Vic Hellard Jr., who was a champion of
legislative independence and played an instrumental role in the
modernization of the legislative institution and nonpartisan
staffing. Serving nearly two decades at the helm of LRC, Vic was
known not just for his contributions to an independent General
Assembly, but also for his wit, appreciation of history, and his
mentoring of hundreds of young people who now serve the people
of the Commonwealth and carry on his legacy.
In 2015, the LRC changed the eligibility criteria for the
Hellard Award to specifically honor nonpartisan legislative
staff members, past and present.
“We are very pleased to assume responsibility for administering
this prestigious award,” said David A. Byerman, Director of the
Legislative Research Commission.
“I can think of no greater way to honor Vic Hellard’s
legacy than by designating this award to recognize current and
former LRC employees.”
A nomination should be made via a letter of no more than three
pages and must be submitted to the Office of the Director of the
LRC by the close of business on Monday, March 14. Nominations
should be sent to:
Hellard Award Selection Committee
Attn: David A. Byerman, Director
700 Capitol Avenue, Room 300
Frankfort, KY 40601
Or by email at: HellardAward@lrc.ky.gov
Nomination letters should explain how the nominee, in past or
current service to the General Assembly:
·
Enhanced the role of the legislature in the public eye;
·
Exemplified high standards of excellence in serving the
Legislative Research Commission with skill, dedication,
professionalism, integrity and dignity;
·
Demonstrated a clear vision and understanding of the role and
responsibility of legislative staff in strengthening and
upholding the institution of the legislature;
·
Provided distinguished service to the Kentucky General Assembly
with a spirit of commitment, caring, generosity, honesty and
humor;
·
Demonstrated an appreciation for the legislative process and its
integral relationship to preserving the principles of
representative democracy;
·
Made exceptional professional contributions through facilitating
public dialogue, informing citizens and decision makers, and
embracing civic engagement;
·
Demonstrated a clear vision of the role and responsibility of
legislative staff, and the need for supportive and collaborative
teamwork in strengthening and upholding the legislative branch.
Information on the award is also available online at
http://www.lrc.ky.gov/HellardAward.htm.
--END--
February
24, 2016
Autism bill gets Senate committee approval
FRANKFORT – A bill intended to foster continued improvements in
services for individuals with autism spectrum disorders passed
the Senate Health and Welfare Committee today.
Senate Bill 185, sponsored by Senate Health and Welfare Chair
Julie Raque Adams, R-Louisville, would require Kentucky to have
an Advisory Council on Autism Spectrum Disorders and a state
Office of Autism.
The advisory council has already been created by an executive
order in 2013 and the Office of Autism was established in 2014
to coordinate and enhance the services of statewide and regional
agencies. The legislation would make these entities permanent by
law.
Harold Kleinert, co-chair of the Advisory Council on Autism
Spectrum Disorders, says that SB 185 would ensure that there
aren’t gaps in providing services to individuals with an autism
spectrum disorder.
“It’s a complex series of moving parts, and the way to deal with
that is an advisory council that represents the key state
agencies, state universities, families and self-advocates,” said
Kleinert. “No single agency has within its own scope a
sufficient charge to really address the lifespan needs of
individuals with autism spectrum disorders and their families.”
SB 185 now moves to the Senate for consideration.
--END-
February
24, 2016
Tenant protection bill passes House 90-3
FRANKFORT—Victims of domestic violence would be able to get out
of a lease with at least 30 days’ notice to their landlord under
a bill that has passed the Kentucky House.
House Bill 41, sponsored by Rep. Joni Jenkins, D-Shively, would
allow tenants who have a domestic violence order or
interpersonal protective order against someone to get out of a
rental agreement or housing lease established after the proposed
law takes effect. Civil liability for the landlord’s loss of
income due to the lease termination would fall to the alleged
abuser, according to the bill.
The provisions would apply whether or not the alleged abuser
named in a protective order is a co-tenant, the bill states.
Additionally, HB 41 would prohibit landlords from denying
someone a lease based on the fact that a person has taken out an
emergency protective order, domestic violence order or other
type of restraining order. The bill also would prohibit
landlords from using rental agreements to penalize tenants who
request assistance from emergency services and allow a victim to
request that locks be changed by the landlord with at least 72
hours’ notice.
HB 41 passed the chamber by a vote of 90-3. It now goes to the
Senate for consideration.
-END-
February
24, 2016
Life insurance benefits bill passes House panel
FRANKFORT—A 2012 law that requires life insurance companies to
make a good-faith effort to locate beneficiaries of policies
they have sold would be applied retroactively under legislation
that cleared the House Banking and Insurance Committee today.
House Bill 408, sponsored by Rep. Chris Harris, D-Forest Hills,
specifies that life insurance companies must honor life
insurance policies and related agreement that they issued before
and after the passage of the 2012 Unclaimed Life Insurance
Benefits Act. The law requires life insurance companies to
determine if a policy holder has died and then make a solid
effort to locate beneficiaries of his or her policy.
HB 408 was filed by Harris this month after the state dropped
its defense of the 2012 law in a case filed by several life
insurance companies against the law four years ago. The
companies argued that the law should not apply to policies
issued before the legislation took effect. An appeals court
agreed, saying Kentucky law requires a retroactivity provision
in any law that is intended to apply to a period before the law
took effect.
Harris said HB 408 includes that provision, thereby ensuring
that thousands of mostly low-dollar burial plans are honored.
“This bill will not require insurance companies to pay one red
cent more than their contract requires them to pay. It does
however require them to make a concerted effort to pay what they
actually owe to our constituents,” said Harris.
Questions about the extent companies would have to go through to
find beneficiaries were raised by Rep. Brad Montell,
R-Shelbyville, who said many policies were sold door-to-door 50
or 60 years ago and beneficiaries of those policies may be hard
to track.
“How much additional work will these smaller insurance companies
expected to put into this, you know a $500 policy or $2500
policy sold 50 or 60 years ago?” Montell asked. “I want to
enforce payment to beneficiaries, I just don’t want it to be
unreasonable on this retroactive part of the law.”
Making a good-faith effort will not require a company to
“perform miracles” and locate people who are nearly impossible
to find, said Harris. “But it does require them to make a
good-faith effort to find some of these beneficiaries who are
owed this money and haven’t received it.”
House Banking and Insurance Chair Rep. Jeff Greer,
D-Brandenburg, said smaller life insurance policies still serve
a purpose in the market no matter how many decades have passed,
adding “we need to tighten this up some.”
Rep. James Tipton, R-Taylorsville, told his fellow committee
members that adding a retroactivity provision to the 2012 law is
“the right thing” to correct what he called an “oversight”. “I
am a real estate agent and one thing I’ve learned is … it’s
always best to be complete,” said Tipton.
Twenty two states including Kentucky have adopted laws requiring
insurers to make a good-faith effort to locate beneficiaries of
death and burial benefits, said Harris.
HB 408 now goes to the full House for consideration.
-END-
February 23, 2016
Zip line bill passes House, goes to Senate
FRANKFORT—Recreational zip lines would be regulated by the state
under a bill that has passed the House and is on its way to the
state Senate.
House Bill 38, sponsored by Rep. Jeffery Donohue, D-Fairdale,
and Rep. Tom Riner, D-Louisville, passed the House by a vote of
90-1. The bill would require the state to set standards for the
use and operation of aerial recreational facilities like outdoor
zip line and canopy tours should it become law.
Donohue said he decided to file HB 38 when a zip line began
operating in his district.
“The industry has started to self-regulate, but it welcomes this
to have guidelines for the whole state of Kentucky,” said
Donohue.
Donohue said the legislation has been worked out with input from
the Kentucky Department of Agriculture, which would set the
standards and regulate zip lines and related forms of
entertainment. The department could rely on industry standards
and third-party inspections when setting requirements, and could
set reasonable fees to help administer those requirements,
according to the bill.
Those who violate the requirements would be subject to civil
penalties of up to $10,000, the bill states, with paid penalties
placed in an “aerial recreational facilities administration
fund.” The fund would be established under HB 38 to pay for
regulatory enforcement.
Rep. Wilson Stone, D-Scottsville, supported the bill, telling
the House that HB 38 is needed as so-called “adventure tourism”
grows across the state.
Zip lines “are a fun way
to get your blood flowing, as they say, but certainly would be
fraught with danger if inappropriately rigged and if not
constantly maintained. So I applaud (the bill) to see that they
are just that—that they are inspected and that they are kept in
a way that will be safe for the folks who come and spend their
money,” said Stone.
-END-
Feb. 23, 2016
Senate panel approves bill to put more teeth in dog-fighting ban
FRANKFORT – A legislative panel approved a measure today that
would amend Kentucky’ dog-fighting law to also make it illegal
to promote the practice.
Senate Bill 14, as amended in the state Senate Agriculture
Committee, would make the owning, possessing, breeding,
training, selling or transferring of dogs intended for use in
dog fighting a felony punishable by one year to five years in
prison.
State Sen. Paul Hornback, R-Shelbyville, introduced the
legislation. He said Kentucky is the only state without a
similar provision in their animal cruelty laws.
Doug Morgan of the Kentucky Houndsmen Association said his group
supported the bill.
“There is an old saying among coon hunters, ‘A hound dog knows
the difference between being kicked and stumbled over,” he said.
“I honestly believe there is nothing in this (amendment) that
will come back and kick Kentucky Houndsmen. We have never
advocated the fighting of dogs and never will.”
Senate Majority Floor Leader Damon Thayer, R-Georgetown, said
legislators have worked for a year on the bill.
“I know there has been a lot of sweat equity put into this
bill,” he said. “I think this is a reasonable compromise.”
Sen. Robin Webb, D-Grayson, cast a “pass” vote in committee but
emphasized she supported the intent of SB 14.
“There is nobody that supports dog fighting in this General
Assembly … ,” said Webb, adding she wanted to further analyze
the language in the bill after a prosecutor testified that the
language in the measure would make it hard to get a conviction.
SB 14 now goes to the full Senate for further consideration.
-- END --
February 19, 2016
This Week at the State Capitol
February 16-19
FRANKFORT— As the 2016 General Assembly reached its midpoint
this week, a school accountability measure was approved by the
Senate and legislation that could impact university construction
advanced in the House of Representatives.
Senate Bill 1 – a designation that indicates a bill’s importance
to Senate leadership – was approved on Wednesday in the Senate
chamber. The legislation seeks changes in education practices
and accountability standards in Kentucky’s public schools.
It does this by outlining a process to review what students are
taught and how they’re tested on key subjects like English, math
and science.
Senators approved the legislation on a 25-12 vote. The bill has
been sent the House for further consideration.
In the House, lawmakers approved a bill on Tuesday that would
allow state colleges and universities to move forward with
capital building projects even if the projects aren’t included
in the state budget.
Under House Bill 265, the projects could still progress if
funded by restricted, agency, federal or private money and
approved by both the school’s governing board and the Council on
Postsecondary Education. The bill passed the House by a 93-0
vote and has been sent to the Senate.
So far this year, the House passed 61 bills, sending them to the
Senate for consideration. The Senate, in turn, has passed 52
bills and advanced them to the House.
During the past week, that traffic continued as bills navigated
the legislative process, including:
Marriage license forms:
Senate Bill 5, which would create two different marriage license
forms for couples to choose from, was approved by the Senate and
delivered to the House on Thursday. Under the proposal, one
version of the marriage license form would identify the couple
seeking the license as “bride” and “groom.” The other would be
gender neutral.
Synthetic drugs:
Senate Bill 136, which would enhance penalties for trafficking
synthetic drugs in addition to prohibiting three drugs not
currently addressed by law, passed a floor vote on Thursday and
is headed to the House for consideration.
Teacher “planning time”:
On Wednesday, the House passed a bill that would require that
public school teachers be given at least 60 minutes per school
day for lesson planning and other “nonteaching” activities.
House Bill 107 also stipulates that full-time teachers get 120
minutes a week for other, “self-directed” activities like
professional development or outreach. The bill passed by a 77-17
vote, and was sent to the Senate.
Booking photo bill:
The House passed House Bill 132 on Thursday, which would make it
illegal to post booking photos to a website or include them in a
publication then require payment to remove the photos from
public view. The bill has been sent to the Senate for
consideration.
Midwives:
The Senate Committee on Health and Welfare moved to create a
licensing board for midwives on Wednesday. Senate Bill 85 was
approved by the committee. Sen. Tom Buford, R-Nicholasville,
said he was introducing the bill to help make sure that parents
who choose at-home births have access to qualified care
providers. The bill now heads to the full Senate for
consideration.
State lawmakers welcome citizen feedback on issues under
consideration. To share it, call the General Assembly’s
toll-free message line at 800-372-7181.
-- END --
Feb.
19, 2016
Senate bill tackles growing list of addictive substances
FRANKFORT – A state Senator described a cat-and-mouse game
between police and drug dealers in explaining the need for a
controlled substances law he introduced during the 2016 General
Assembly.
Sen. Whitney Westerfield, R-Hopkinsville, said law enforcement
is constantly trying to keep up with new substances drug dealers
are peddling to addicts chasing an ever more powerful and
cheaper high. His measure, Senate Bill 136, would increase
controls on the semi-synthetic opioid hydrocodone and prohibit
three other substances not currently addressed by existing laws
– the plant “kratom” and the synthetic opioids known on the
street as W-18 and W-15.
“We continue to see synthetic drugs being used and abused and
showing up in courts around the Commonwealth,” said Westerfield,
a former prosecutor. “Some of these are fairly tame but some of
them are much more serious causing people to do strange things.”
After Westerfield’s explanation of the measure, SB 136 passed
the state Senate by a 35-1-1 vote on Thursday.
Sen. Perry B. Clark, D- Louisville, said he cast the lone “no”
vote because he was concerned about a prohibition on kratom.
Clark characterized kratom, known by the scientific name of
Mitragyna speciosa, as an herbal supplement.
“Most people in this body do not even know what kratom is,” said
Clark, who unsuccessfully tried to amend the bill so it wouldn’t
include kratom. “It is an herb. It comes from Asia. It has been
around for thousands and thousands of years.”
He said the University of Mississippi is studying whether kratom
can be used to wean drug addicts off heroin.
“We should not be banning this substance,” Clark said. “We could
be studying this substance.”
Westerfield agreed that kratom was a plant but added it can
sometimes be combined with synthetic drugs and abused.
“Its potency is relative low but we are starting to see it in
Kentucky, particularly back in Hopkinsville where our drug court
participants are using it as an alternative to things they are
not allowed to use any more,” Westerfield said. “There is some
concern if you use enough of kratom … that it can be habit
forming.”
He said possessing kratom would carry a penalty of up to 30
days.
Clark didn’t object to prohibiting W-18 and W-15 which
Westerfield said were “far more dangerous.”
“They are hundreds, if not thousands, of times more potent and
powerful than fentanyl,” said Westerfield, adding that fentanyl
is a synthetic opioid analgesic often prescribed to terminal
cancer patients but sometimes abused by heroin addicts.
Possession of any amount of W-18 and W-15 would carry a maximum
penalty of three years in prison. Trafficking W-18 and W-15
would carry a penalty of five year to 10 years in prison for a
first offense. The penalties would go up for subsequent
offenses.
SB 136 now goes to the state House of Representatives for
further consideration.
-- END –
February 18, 2016
Marriage license bill approved by Senate
FRANKFORT – The state Senate moved to change Kentucky marriage
licenses today, passing a bill that would remove county clerks’
names from the license forms while creating a separate document
for same-sex couples.
Senate Bill 5 passed, 30-8. It seeks to codify Gov. Matt Bevin’s
Dec. 23 executive order while making adjustments in response to
last summer’s U.S. Supreme Court ruling that legalized same-sex
marriage. As such, the bill would provide for two different
marriage license forms. One would identify the couple seeking
the license as “bride” and “groom.” The other would be gender
neutral.
Provisions of the bill would also remove the clerk’s name from
the form, though individual clerks could add it later if they
desired.
Proponents praised it as a win for religious freedom.
Senate President Robert Stivers II, R-Manchester, who supported
the bill, was among proponents who cast the bill’s passage as a
positive step forward.
“There are individuals out there that want to have their union
recognized, and that is the law and we will abide by it,”
Stivers said.
“But there are people in this state, [that] have religious
beliefs and convictions,” he added, and the traditional
“bride/groom” form affirms their beliefs.
SB5 became a priority after last summer’s
Obergefell v. Hodges
Supreme Court ruling legalizing same-sex marriage. Following the
decision, a handful of county clerks refused to issue the
licenses embossed with their names, citing their faith. Rowan
County Clerk Kim Davis was later jailed for five days by a
federal judge for contempt for refusing his order to resume
issuing licenses to single-gender couples.
Thursday’s bill had clear opposition, including a failed
attempt to amend the bill and eliminate the separate forms. Sen.
Morgan McGarvey, D-Louisville, proposed the change which would
have given applicants a choice of checking “bride,” “groom” or
“spouse” on one form. The amendment was voted down, 23-15.
Senate Bill 5 now goes to
the House of Representatives for consideration.
--END--
February
18, 2016
Booking photo bill passes House, heads to Senate
FRANKFORT—Web sites or publications that use jail booking
photographs for profit could face stiff fines under legislation
passed today by the state House.
House Bill 132, sponsored by Rep. Gerald Watkins, D-Paducah,
passed the House by a vote of 93-0 and now goes to the Senate
for consideration. The bill would make it illegal to post
booking photos to a web site or include them in a publication
then require payment to remove the photos from public view,
Watkins said.
Violators could be prosecuted in state circuit court and be
required to pay damages starting at $100 a day for each separate
violation along with attorney fees, he said.
Booking photos and criminal charges loaded onto a jail’s web
site after an arrest are later removed when a case is
adjudicated, said Watkins. By that time, however, the photos and
charges may be circulating on commercial web sites or in paid
publications.
“They will not remove (the information) without a fee being paid
first. They usually charge around $500 to remove each
photograph. If you pay it, other sites do the same thing, and
sometimes the same company has several web sites,” said Watkins.
“So it never ends—it’s an extortion ring.”
Watkins filed the bill after discussing the practice with a
local judge and prosecutor. He said commercial use of booking
photographs is recognized by the FBI as a “fast-growing problem
nationally.”
Versions of the legislation filed by Watkins in past sessions
would have made the practice a Class D felony. When asked by
Rep. Lynn Bechler, R-Marion, why a violation wouldn’t be a
felony in HB 132, Watkins said it came down to what local
jailers wanted.
“To endorse and support the bill they wanted it changed to … a
fine,” said Watkins. The bill has been endorsed by the Kentucky
Jailers Association and the Kentucky Press Association, he said.
-END-
Feb.
17, 2016
Education overhaul bill passes KY Senate
FRANKFORT – A bill that would overhaul education and
accountability standards in public schools passed the state
Senate by a 25-12 vote today.
The measure, given the designation of Senate Bill 1,
outlines a process to review, and possibly
change, what students are taught
– and how they’re tested – in key subjects such as English,
mathematics, science and social studies. Sen. Mike Wilson,
R-Bowling Green, who introduced the legislation, said the goal
is to align what is taught with what is tested.
“What we have before us is a bill that I sometimes call, ‘Let
the teachers teach bill,’” he said. “I couldn’t agree with that
more today than I did the first day … I heard it.”
He questioned the results of Kentucky’s current education and
accountability standards. He said an Office of Education
Accountability study found the percentage of Kentucky graduates
entering post-secondary education hadn’t perceptibly increased
in the last six years.
“Over the last six years the state has used three different
formulas to determine graduation rates,” Wilson said. “Each one
yielding a higher measure making it difficult to genuinely
determine growth. It’s like if we wanted the Kentucky basketball
team to score a little higher we just move the three-point arc
in a little bit more.”
Senate President Pro Tem David P. Givens, R-Greensburg, also
spoke in support of SB 1. He said the bill would replace a
school’s self-evaluations called Program Review with a
requirement for the principal, school-based council and
superintendent to sign a letter of assurance about arts and
humanities, practical living, writing and social studies.
“Through this self-assessment process we call Program Review,
we’ve caused districts and schools to chase points,” Givens said
of the current system.
Sen. Brandon Smith, R-Hazard, explained why he voted against SB
1.
“I like many of you are held accountable by the people back at
home that elect to send us here,” he said. “… The folks at home
are not supported of this particular piece of legislation.”
He said the emails, phone calls and messages left at the
legislative hotline from his constituents are disproportionately
against SB 1.
Sen. Reginald Thomas, D-Lexington, said he voted against SB 1
because it would create an academic standards committee
consisting of three gubernatorial appointees, six legislators
and the commissioner of education.
“What this bill does is politicize our public education,” he
said. “It threatens our students’ ability to have the free
expression of ideas. In other words … it will probably lead to
politicians controlling the content of what our students learn.
That is very dangerous and a real threat to democracy.”
Sen. Robin L. Webb, D-Grayson, said she voted against SB 1, in
part, because it would allow high school students to use credits
from foreign language, voc-tech or computer classes to satisfy
course requirements in the arts and humanities.
“Arts and humanities requirements being substituted for some of
the things in this bill causes me a great deal of indigestion,”
Webb said. “… The arts are the lifeblood of many students. The
arts are what keeps many students in school. I don’t remember
much about calculus but I do remember what I learned in band and
my appreciation for music.”
Sen. Max Wise, R-Campbellsville, who was the last Senator to
cast a vote because the roll call was taken in alphabetical
order, explained why he supported SB 1.
“One thing I think that we have missed today also on the Senate
floor is the students,” said Wise, a professor at Campbellsville
University. “I think a lot of times we have gotten into
discussions today talking about the politics. And we have talked
about the teachers.
“ … I listen to the students when they come to my classroom.”
He said the over-burdensome amount of paperwork teachers have to
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