March 16, 2020

COVID-19 concerns mean fewer people on Capitol Campus,

but public has ways to stay connected to General Assembly

FRANKFORT – Several hours after Gov. Andy Beshear said access to the State Capitol Campus will be temporarily limited to essential staff, the Legislative Research Commission (LRC) announced that access to the Capitol Annex building will also be curbed in light of COVID-19 concerns.

The Capitol Annex is closed to everyone but legislators, essential staff, LRC-credentialed media, and specifically approved individuals. Other visitors will temporarily not be allowed in the Annex at a time when health officials discourage large crowds from gathering to help contain and mitigate the possible spread of the COVID-19.

Kentuckians have numerous ways to stay connected to the work of the General Assembly even if they can’t come to the Capitol Campus.

• Kentucky Educational Television (KET) covers all Senate and House proceedings, and many legislative committee meetings. The proceedings are livestreamed on KET’s Legislative Coverage web page at: https://www.ket.org/legislature/. LRC is planning to provide online streaming of legislative standing committee meetings that aren’t covered by KET. (More details to come.)

• The legislature’s daily schedule is available here: https://apps.legislature.ky.gov/LegislativeCalendar. Meeting information is also available on a recorded message by calling 1-800-633-9650.

• To leave feedback on an issue with lawmakers, call the General Assembly’s Message Line at 1-800-372-7181. A Spanish-language line is available by calling 1-866-840-6574. Kentuckians with hearing loss can use Kentucky Relay by dialing 7-1-1.

• To directly reach a lawmaker’s office, call 502-564-8100. An operator will transfer the call to the office of the lawmaker you want to reach.

• Web surfers also can see for themselves the issues before lawmakers by browsing through bill summaries, amendments, and resolutions in the online Legislative Record: https://apps.legislature.ky.gov/record/20rs/record.html. The online Record is updated daily to indicate each bill’s status in the legislative process and to show rolls calls of votes in legislative chambers.

• In addition to general information about the General Assembly, the Kentucky General Assembly website provides information on each of Kentucky’s senators and representatives, including their legislative committee assignments, sponsored legislation, contact information, and Twitter handles: https://legislature.ky.gov/Pages/index.asp

• Information on the status of a specific bill under consideration can be obtained by calling the Bill Status Line, 1-866-840-2835.

• Citizens can write to any legislator by sending a letter with the lawmaker's name on it to: Legislative Offices, 701 Capitol Ave., Frankfort, KY 40601.

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March 13, 2020 

This Week at the State Capitol

FRANKFORT – The COVID-19 virus that is causing disruptions across the state – and in countries throughout the world – prompted a postponement of General Assembly action at the end of this week as Senate and House leaders announced that legislative activity would take a break until March 17.

Bringing people together is in many ways the heart of the legislative process. Citizens from across the state come to the Capitol Campus and crowd into meeting rooms to view proceedings and offer their input. Lawmakers sit nearly elbow-to-elbow in committee rooms and legislative chambers as they deliberate and debate the issues. And, of course, the Capitol must lead the state in most handshakes per square foot. It’s the close-knit nature of the legislative process that helps find solutions to the challenges confronting our state. And yet, it’s that very closeness that could also allow the possible spread of a viral outbreak that has been classified as a pandemic. Legislative leaders say the break in the session, which was called for out of an abundance of caution, will provide a chance to evaluate safety procedures for the remainder of the session.

As of the afternoon of March 13, 11 Kentuckians had tested positive for coronavirus. Health officials say the threat to Kentuckians is currently low and that the rate of exposure can be greatly reduced by taking precautions and avoiding exposure. That’s why events and activities across the country that draw crowds are being temporarily suspended and many schools are taking a break from in-person classes.

One bill that took a step forward in the legislative process this week could help school districts deal with school closings caused by COVID-19 concerns. House Bill 461 would allow schools to use additional nontraditional instructional days, up to a total of 20 such days, when schools are closed due to a health-related state of emergency declared by the governor. Nontraditional instructional days, which are offered by some but not all school districts, give students opportunities to complete assignments and continue learning from home even when schools are closed. The use of nontraditional instructional days also keeps schools from having to schedule make-up days to meet the state’s school year requirements.

The legislation would allow a school district without a nontraditional instructional plan to submit such a plan for the state’s approval for the remainder of this school year. It would also allow the commissioner of education to waive the requirement that a school provide 1,062 instructional hours during the school year if the school can’t complete the hours but has maximized instructional time.

House Bill 461 was approved by the House Education Committee and now awaits consideration from the full House.

In other business this week, lawmakers approved measures on numerous other topics, including:

Abortion. House Bill 67 proposes an amendment to the Kentucky constitution dealing with abortion. The bill proposes that the following words be added to the constitution: “To protect human life, nothing in this Constitution shall be construed to secure or 8 protect a right to abortion or require the funding of abortion.“ The bill passed the House 71-21 and has been delivered to the Senate. If the bill is approved there, Kentuckians would vote on the constitutional amendment this November.

Human trafficking. House Bill 2 would require a national anti-human trafficking hotline number to be advertised in airports, truck stops, train stations and bus stations. Posters with the hotline number are currently required in rest areas. The bill would also close a loophole in the state sex offender registry by adding specific human trafficking offenses to the definition of a sex crime. Those convicted of human trafficking offenses would face a minimum $10,000 fine to be paid to the state human trafficking victims’ fund, which would be moved to the Office of the Attorney General. House bill 2 was approved by the House on Tuesday on an 87-0 vote and has been delivered to the Senate.

Legal advertisements. Senate Bill 178 would require plaintiff lawyer advertisements that target consumers of prescription drugs and medical devices to warn viewers that it is dangerous to stop taking a prescribed medication without first consulting a doctor. It would prohibit use of a government agency logo in a manner that suggests an affiliation and would prohibit ads that solicit legal business from being labeled a “medical alert” or “health alert.” The measure would also protect personal health information from being sold for soliciting legal services without the written authorization of the patient. The legislation was approved by the Senate 21-13 on Monday and awaits consideration from the House.

Virginia laws. Senate Bill 106 contains a proposed constitutional amendment to repeal Section 233 of the state constitution, which states that certain laws in effect in Virginia before June 1792 are in effect in Kentucky. Supporters of the measure say that part of the constitution is an antiquated section from the time when Kentucky split from Virginia and became the 15^th state. The bill passed the Senate by a 32-2 vote. If approved by the House, Kentucky voters would decide on the proposed constitutional amendment in November.

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

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March 12, 2020

Tim’s Law changes given final passage

FRANKFORT—The House has given final passage to a bill that would improve treatment for seriously mentally ill patients under a 2017 Kentucky law.

Senate Bill 122, sponsored by Senate Republican Caucus Chair Julie Raque Adams of Louisville, would allow judges to order assisted outpatient treatment for people who have been involuntarily hospitalized at least twice in the past 24 months. That’s an expansion of the current law – known as Tim’s Law – which only allows judges to order the evidenced-based treatment approach for persons involuntarily hospitalized at least twice in the past 12 months.

Rep. Deanna Frazier, R-Richmond, presented the legislation for a vote in the House. She said SB 122 will allow Tim’s Law to be more fully implemented in the Commonwealth.

“Kentucky has not been able to implement (Tim’s Law) to the extent to which it was envisioned due to funding and the reason addressed in SB 122 – that the original criteria were too narrowly drawn,” said Frazier.

By extending the time frame for two involuntary commitments under Tim’s Law from 12 months to 24 months, Frazier said SB 122 will allow Kentucky to be “more in keeping with assisted outpatient treatment laws in other states.” 

Voting in support of SB 122 was Rep. Lisa Willner, D-Louisville, a clinical psychologist who said only one patient has qualified for assisted outpatient treatment under Tim’s Law since its passage in 2017.

“When this is enacted, that’s going to be expanded,” she said. “What’s happened in other states is that they’ve seen a 70-percent reduction in hospitalizations, 80-percent reduction in incarcerations for people with severe mental illness.”

At least 46 states have assisted outpatient treatment laws for seriously mentally-ill persons similar to Tim’s Law, she said. 

Tim’s Law is named for the late Tim Morton, a Lexington man with schizophrenia whose family was unable to force him into outpatient psychiatric treatment.

SB 122 passed the House by a vote of 93-1. After it is enrolled, the bill will be sent to the governor for his signature. The Senate passed the bill on a 33-1 vote in February.

END

March 12, 2020

Kentucky General Assembly postpones session until March 17

FRANKFORT -- Legislative leaders announced today that the Kentucky General Assembly’s 2020 session will be postponed until March 17. The Senate and House will not convene, as previously scheduled, on Friday, March 13 or Monday, March 16.

The decision was made in light of efforts to prevent the spread of COVID-19, according to a statement released by Senate President Robert Stivers, House Speaker David Osborne, Senate Minority Floor Leader Morgan McGarvey, and House Minority Floor Leader Joni Jenkins

“The General Assembly continues to support the efforts of Governor Beshear and Kentucky’s public health community to contain and mitigate the COVID-19 virus. After much careful consideration, we have decided to exercise an abundance of caution and postpone legislative business on Friday, March 13 and Monday, March 16. This will not affect the number of legislative days left in this session. However, it will provide an opportunity to evaluate safety procedures as we move through the remainder of session. We anticipate resuming normal legislative business on Tuesday, March 17.”

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March 11, 2020

Assistance dogs bill advances in KY Senate

Sen. Jimmy Higdon, R-Lebanon, explaining Senate Bill 279, legislation he introduced that would establish requirements for assistance dogs, during today’s meeting of the Senate Health & Welfare Committee. A hi-res photo can be found here.

FRANKFORT – Someone brought a squirrel into a Kentucky emergency room as an emotional support animal.

It’s these kinds of anecdotes Sen. Jimmy Higdon, R-Lebanon, said prompted him to file legislation, known as Senate Bill 279, to clarify where and when assistance dogs are allowed on premises.

The importance of such government regulation was recently illustrated by the fact that COVID-19 is a disease caused by a member of the coronavirus family of viruses that occasionally jumps from animals to humans, Higdon said while testifying before the Senate Health & Welfare Committee.

“We have to be very, very cautious,” said the retired grocer, who recounted constituents’ concerns about the number of dogs they now see in grocery stores and restaurants.

SB 279 would permit an establishment to inquire about the assistance dog and refuse admittance if it jeopardizes the health and safety of others. It would also make the handler liable for damage caused by the animal.

The second section of SB 279 would make it unlawful for a person to misrepresent a dog as an assistance dog by placing a harness, collar, vest or sign on the animal. A violation of this section would be punishable by up to a $1,000 fine. The third section would raise the fine for various actions violating the rights of a person with an assistance dog from $250 to $500.

A final section would tweak the definition of assistance dog by requiring the dog to, among other things, have been trained to work, provide assistance or perform tasks for the benefit of the person with a disability. Higdon expressed concerns about the legitimacy of assistance dog certifications sold online.

Committee Chair Sen. Ralph Alvarado, R-Winchester, noted that legitimate assistance dogs have real therapeutic value. He said these types of animals make life better for people with disabilities but he understood abuses occur.

SB 279 advanced out of the committee. It now goes to the full Senate for further consideration.

END

March 11, 2020

Proposed amendment on abortion advances to Senate

FRANKFORT – Legislation to offer patients some protection from surprise medical bills passed the state Senate today.

“There are many factors that contribute to surprise billing,” said Sen. Ralph Alvarado, R-Winchester. “Some will place the blame on insurance companies. Some will place the blame on providers. It all depends on whom you ask. But while we are trying to figure out who to blame, patients are stuck in the middle of the problem – often with large medical bills.”

The measure Alvarado sponsored, known as Senate Bill 150, seeks to stop the practice by requiring insurers to cover surprise billing, sometimes called balanced billing. It happens when a patient receives medical care – often unwittingly – outside of their insurer's network. Subsequently, the doctor or hospital bills the patient for the amount insurance didn't cover.

Alvarado characterized SB 150 as a consumer protection bill. He said surprise billing was a dubious exercise of cost shifting from insurers to patients.

A second provision of SB 150 would require the state insurance commissioner to establish a database of billed health care service charges. A final provision would provide a dispute resolution program for medical insurers and providers to work out their differences over these out-of-network charges.

Sen. Rick Girdler, R-Somerset, stood to speak against the bill. He cited a fiscal impact statement prepared for the bill that estimated SB 150 would increase individual premiums for health benefit plans by up to $9 per month.

“The people that are going to suffer ... is the consumer,” he said.

Sen. Tom Buford, R-Nicholasville, stood to explain his “yes” vote on SB 150. He noted the self-funded Kentucky Employees’ Health Plan already covers surprise billing for its nearly 265,000 members.

“If we are going to enjoy that benefit, the citizens of Kentucky should share the same,” he said.

Sen. Wil Schroder, R-Wilder, stood to explain his “no” vote on SB 150. He said what was desperately needed was broader reforms to empower health care consumers through such measures as transparent pricing of procedures and drugs.

“Today I filed Senate Bill 265 that I believe offers a better solution in the context mentioned,” he said.

Alvarado said SB 150 wasn’t a hastily drafted bill but the results of three years of investigation.

“I wish to remind the members of the Senate that a successful bill for surprise billing should only make one group happy – and that is the patients we are trying to protect,” he said. “If other stakeholders are a bit uncomfortable, then we have a good compromise on this issue.”

SB 150 passed by a 30-3 vote. It now goes to the House of Representatives for its consideration.

END

March 4, 2020

Broadband deployment bill passes KY House

FRANKFORT—A bill that would create a framework for future funding of broadband deployment grants in the Commonwealth has advanced to the Senate.

House Bill 362 primary cosponsor Rep. Phillip Pratt, R-Georgetown, said the broadband deployment program set out under the bill would allow government agencies or private entities to apply for state grants for broadband infrastructure projects in defined unserved and underserved areas of the state.  The Kentucky Infrastructure Authority would administer the program, which would require grant applicants to pay 50 percent of the project cost.

HB 362 does not include an appropriation for the grant program, said Pratt. It would instead put a structure in place for the program to be funded in the future.

Rep. Richard Heath, R-Mayfield, is also a primary cosponsor of the bill.

“While future appropriations are essential to the fund, the program stakeholders agree that a framework for the grant fund must be established first,” Pratt said, adding HB 362 would help to remedy the “significant cost” of expanding broadband to less densely populated areas.

“Absent some combination of federal and state support, many high-cost broadband deployment areas in the Commonwealth will remain underserved or unserved. HB 362 is one way we can work to close the digital divide,” Pratt told the House.

At least 31 states including Indiana and Tennessee now offer some kind of incentives for broadband deployment based on recent news reports, Pratt added.

One lawmaker opposing the bill was Rep. Maria Sorolis, D-Louisville. While Sorolis said she supports the goal of the bill, she was doubtful the goal can be reached under the legislation.

“I’d just like to see (the bill) put together in a fashion … that the goals could be accomplished, it wouldn’t be cherry-picked by big corporations, and that perhaps we could use this as an opportunity to fund and fuel some home-grown business in those areas of our state that are deserving and in need,” Sorolis said. 

Pratt said HB 362 will help meet that need by putting the grant framework in place.

“Broadband providers are aggressively pursuing federal and state grants and loans throughout the country as they seek public-private partnerships to advance broadband deployment,” he said.

HB 362 passed the House 82-11.

END

March 4, 2020

HB 2 advances to floor of KY House

FRANKFORT— A bipartisan bill that has been called a “comprehensive approach” to human trafficking prosecution and prevention has advanced to the floor of the Kentucky House.

House Bill 2 primary cosponsor and House Majority Caucus Chair Suzanne Miles, R-Owensboro, told the House Judiciary Committee that the legislation would ramp up efforts to combat human trafficking in the Commonwealth. House Judiciary Chairman Jason Petrie, R-Elkton, is also a primary cosponsor of HB 2.

“Human trafficking is something that is becoming more prevalent in our society and we’re starting to see it crop up in different areas,” Miles said, adding that growth in human trafficking has led to new approaches to combat the crime at the federal level, and through proposals like HB 2.

Besides adding specific human trafficking offenses to what qualifies as a sex crime under Kentucky law, HB 2 would increase awareness and prevention of human trafficking by requiring that the national human trafficking hotline number –  currently (888)-373-7888 – be posted in public restrooms in airports, train stations, bus stations, and truck stops statewide.

Current law only requires posting of the hotline number at Kentucky rest areas, said Miles.

Signage required under HB 2 would be “pretty well everywhere that we have planes, trains, and automobiles,” Miles said. “It’s purposeful in that, so in the event that there is possibly a victim out there, the main numbers they really need to remember are the 3737.”

Speaking alongside Miles in support of the bill was Heather Wagers from the Kentucky Attorney General’s Office who said that HB 2 is a “comprehensive approach” to deterring human trafficking and protecting vulnerable Kentuckians.

“This bill specifically aligns definitions with federal law, and it closes a loophole in the (state) sex offender registry,” Wagers told the panel.

HB 2 now returns to the full House for further consideration.

END

March 4, 2020

Bill tackling addiction in the workplace advances

Sen. Matt Castlen, R-Owensboro, presents Senate Bill 173, legislation he introduced designed to give people in addiction recovery gainful employment, during today’s meeting of the Senate Health & Welfare Committee.
A hi-res photo can be found here.

FRANKFORT – Legislation to give Kentuckians in addiction recovery a pathway to maintain or return to employment narrowly advanced out of a Senate Committee today.

The measure, known as Senate Bill 173, would task the Cabinet for Health and Family Services and Office of Drug Control Policy with developing educational resources for businesses who voluntarily implement employer-facilitated treatment programs for employees who fail drug screenings.

Sen. Matt Castlen, R-Owensboro, said he introduced SB 173 to give people a second chance. It’s part of an overall shift among policymakers to address long-term recovery after Kentucky’s opioid epidemic ravaged communities across the commonwealth.

“This particular bill here ... will be a great stepping stone to allowing individuals to beat drug addiction,” Castlen said while presenting the bill before the Senate Health & Welfare Committee. “Employees in recovery experience fewer relapses, lower turnover rates and miss work less.”

Castlen said substance use disorders continue to weigh down labor force participation rates in Kentucky. He cited difficulties in finding qualified employees for his steel business, particularly with the unemployment rate hovering at historic lows. Iris Wilbur Glick of Greater Louisville Inc., the city’s chamber of commerce, echoed Castlen’s remarks when she testified in support of the legislation.

”SB 173 is an important first step in changing the culture and stigma in Kentucky by empowering employers with the tools to create a customized program that gives assurance and accountability when faced with addiction,” said Glick, adding that research on the most effective recovery strategies routinely illustrate a close connection between employment and recovery. “A job brings with it not only a source of income and health benefits but also a sense of purpose and dignity.”

Glick said SB 173 is similar to legislation that passed in Indiana two years ago.

Rob Mattingly of the Kentucky Justice Association testified that his group was supportive of the bill’s concept but was concerned about provisions in SB 173 that released employers of certain liabilities when employing people with substance use disorders.

Glick said the chamber’s stance was SB 173 would create a higher bar for liability claims but not shield employers from all legal actions.

“This bill, by no stretch of the imagination, provides blanket immunity,” Glick said. “At the end of the day, particularly under Kentucky’s current liability climate, if a person wants to file a suit against an employer, there is still an ability to do so.”

Sen. Stephen Meredith, R-Leitchfield, said SB 173 may not be perfect, but he supported it because of the costs of illegal drug use to society. He said SB 173 was an example of the “global approach” to substance use disorders that Kentucky policymakers need to embrace.

SB 173 now goes to the full Senate for further consideration.

END

March 3, 2020

Voter ID bill passes House, returns to Senate

FRANKFORT—A proposed voter ID requirement for Kentucky voters is on its way back to the Senate after being amended and passed today in the state House.

Senate Bill 2, sponsored by Sen. Robby Mills, R-Henderson, and Senate Majority Floor Leader Damon Thayer, R-Georgetown, would require voters to present a government photo ID in order to vote, or present another approved form of identification and affirm under penalty of law that they had an impediment from accessing a government photo ID.

Voters without an approved form of identification at the polls, but otherwise eligible to vote, would be permitted to cast a “provisional ballot” for federal candidates in federal elections as long as the voter meets the provisional voting requirements of the Help America Vote Act of 2002.

House changes to the bill would allow qualified voters without a government photo ID to cast their ballot at the polls both if the voter is recognized by an election officer and the officer attests under law to knowing the voter.  Also, county board of elections would be allowed to rule on questions regarding proof of identification.

SB 2’s provisions would take effect in time for this year’s general election should the bill become law.

Opposing the bill was Rep. Attica Scott, D-Louisville, who told her colleagues that around 25 percent of African-Americans don’t have photo identification. SB 2 would make voting difficult for those individuals, she said.

“Disenfranchisement and voter suppression may not matter to you, but it certainly does to me,” Scott told the House. 

Rep. James Tipton, R-Taylorsville, who brought SB 2 to a vote on the House floor, said the bill is meant to preserve the integrity of Kentucky elections.

“The one thing I’ve heard loud and clear from my constituents (is) they want to make sure that when they cast their vote their vote is going to count, and is not going to be overturned by somebody trying to abuse the system because of a lack of identification at the poll,” said Tipton.

The House passed SB 2 by a vote of 62-35. The bill now returns to the Senate, where it passed by a vote of 29-9 in late January.

END

March 3, 2020

Real ID rollout bill advances to full House

FRANKFORT—A bill that supporters say is the final step needed for statewide implementation of the federal Real ID requirement has passed a House committee.

“This is a federal mandate,” House Bill 453 primary cosponsor Rep. Sal Santoro, R-Florence, told the House Transportation Committee before its approval of the bill. “It’s not Transportation (Cabinet), it’s not us in the legislature. I just want everyone to know that.”

Santoro said HB 453—of which House Minority Floor Leader Joni L. Jenkins, D-Shively, is also a primary cosponsor—will “clearly reflect” in statute that regional Real ID offices are under the oversight of the Kentucky Transportation Cabinet. Additionally, the bill would transition all driver’s licensing, permits, and personal ID card responsibilities from Kentucky’s circuit court clerk offices to the Cabinet by June 30, 2022.

“We have to change it and now’s the time. It going to gradually happen in this biennium – it’s not going to be tomorrow,” Santoro said.

Kentucky Transportation Secretary Jim Gray said in his testimony before the committee on HB 453 that the Real ID issue has moved his Cabinet toward a common goal.

“Bottom line, our goal is to deliver for Kentuckians who want a Real ID before the Oct. 1 enforcement deadline,” said Gray.

HB 453 builds on a 2017 state law that created a new state “voluntary travel ID” and other procedures to bring Kentucky into compliance with strict federal identification standards under the 2005 Real ID Act. A Kentucky voluntary travel ID or other federally-accepted form of identification will be needed to board commercial flights and enter certain federal facilities as of Oct. 1, 2020.

Two pilot locations for issuance of the new voluntary travel ID opened in central Kentucky in 2019, followed by the rollout of regional Real ID offices in recent months. The Cabinet expects Kentucky to have 18-24 regional offices statewide at full implementation.

“That doesn’t exclude more (offices) if funds are available,” said Kentucky Real ID project manager Sarah Jackson, who testified before the committee alongside Santoro and Gray.

HB 453 now returns to the full House for consideration.

END

March 3, 2020

Senate passes bill tackling gender gap in coding

Senate Republican Floor Leader Damon Thayer of Georgetown explains Senate Bill 193, examining the gender gap in coding, during today’s Senate proceedings. A hi-res photo can be found here.

FRANKFORT – It does not compute. Women represented 40 percent of the computer science workforce back in 1995. Today, it is less than 25 percent.

That’s why Senate Republican Floor Leader Damon Thayer of Georgetown said he wanted to be a primary sponsor of Senate Bill 193. He added that the goal of the measure would be to increase participation in computer science courses by underrepresented groups. Those include females, minorities, students with disabilities, English-language learners and students whose families are eligible for free and reduced-price meals.

“As a father of a daughter who wants to become an airline pilot ... I’m very sympathetic to this cause,” Thayer said, adding that only 5 percent of the country’s pilots are women.

Thayer said the issue first came to his attention when he was invited to speak a few weeks ago at the Girls Who Code rally in the Capitol rotunda. He said the national nonprofit organization is dedicated to closing the gender gap in technology.

The other primary sponsor, Senate Republican Caucus Chair Julie Raque Adams of Louisville, said SB 193 would require the state education department to annually report on public school students participating in computer science courses and other computer science educational opportunities.

The report shall also include the number of computer science courses or programs offered in each school, the nature of the computer science courses or programs, the number of advanced placement computer science classes offered and the number of computer science instructors at each school.

Sen. Reginald Thomas, D-Lexington, stood in support of the bill and urged legislators to follow up the report with any needed bills to address the gap.

“I think the goals are laudable,” he said. “We ought to be doing this.” 

SB 193 passed by a 37-1 vote. It now goes to the House of Representatives for its consideration.

END

March 3, 2020

Bill targets legal ads aimed at prescription drugs

Sen. Ralph Alvarado, R-Winchester, explains Senate Bill 178, a measure he introduced to regulate mass tort advertising aimed at prescription drugs and medical devices, during today’s meeting of the Senate Economic Development, Tourism and Labor Committee. A hi-res photo can be found here.

FRANKFORT – Legislation to regulate plaintiff lawyer advertisements that target consumers of prescription drugs and medical devices advanced out of a state Senate committee today.

“I’m sure all of you have seen legal advertisements on television about prescription drugs,” Sen. Ralph Alvarado, R-Winchester, said about the legislation, known as Senate Bill 178. “They look like an important health alert about the risks associated with a medication often using a logo of a national health organization like the Food and Drug Administration meant to imply authenticity. They might show an ambulance in the background, use a dramatic or scary voice.”

The ads compromise the doctor-patient relationship and potentially put consumers’ health at risk, Alvarado said while testifying before the Senate Economic Development, Tourism and Labor Committee. He explained that the ads do this by emphasizing a drug’s side effects while failing to mention its benefits. Common prescriptions that are targeted by these ads include blood thinners and drugs to treat diabetes, heartburn, cardiovascular events and certain cancers.

SB 178 would require advertisers to warn viewers that it is dangerous to stop taking a prescribed medication without first consulting a doctor. A second provision would prohibit the use of a government agency logo in a manner that suggests an affiliation. A third provision would prohibit ads that solicit legal business from being labeled a “medical alert” or “health alert.” Lastly, SB 178 would protect personal health information from being sold for soliciting legal services without the written authorization of the patient.

Alvarado called SB 178 a “patient protection bill.” He stressed that it would not ban legal ads or restrict someone’s right to seek legal services in response to their medical care.

Sen. Ernie Harris, R-Prospect, asked how enforceable the proposed law would be since some of Kentucky’s larger metropolitan areas, such as Northern Kentucky, are served by out-of-state television stations. Cory Meadows of the Kentucky Medical Association (KMA) testified that was a concern but noted Tennessee has a similar statute and West Virginia was considering one.

Sen. Wil Schroder, R-Wilder, asked why a violation of SB 178 would be punishable by a misdemeanor and not just a civil penalty. Meadows said KMA wanted to make it a felony. He said some type of criminal penalty was needed to “put teeth” in the measure.

Jay Vaughn of the Kentucky Justice Association testified that the group liked the proposed warning not to stop taking a drug without consulting a physician. He said the group thought the other provisions of SB 178 went too far.

SB 178 now goes to the full Senate for further consideration.

END

March 2, 2020

National Guard life insurance bill advances to Senate

FRANKFORT – A bill designed to make information about a state-sponsored group term life insurance option more readily available to Kentucky National Guard members has passed the Kentucky House.

House Bill 315 would require the Kentucky Adjutant General — who is the commander of soldiers and airmen in the Kentucky Army and Air National Guard, and the Governor’s chief military advisor — to oversee efforts to make the National Guard Association of Kentucky group-term life insurance program available to all Kentucky National Guard members.  

The insurance program currently allows service members to purchase up to $50,000 in coverage for around $3.50 in premiums per every $10,000 in coverage, but the association’s ability to provide information about the program to members of the Kentucky Guard is restricted, according to HB 315 sponsor Rep. Nancy Tate, R-Brandenburg.

“This limits the capability of the association to provide this benefit opportunity to those who most warrant and deserve it,” Tate told the House.

HB 315 would help more service members learn about the benefit through involvement of the Adjutant General, who would provide opportunities for Kentucky National Guard members to enroll in and upgrade life insurance, receive program briefings during trainings and drills, among other provisions.

HB 315 passed the House by a vote of 93-0. It now goes to the Senate for consideration.

END

March 2, 2020

Secretariat resolution advances to Senate

FRANKFORT – A resolution to celebrate the 50th birthday of the world’s most celebrated racehorse of all time was advanced today in the Kentucky House.

House Concurrent Resolution 41 sponsor Rep. Matthew Koch, R-Paris, said the legislation celebrates the March 30, 1970 birthday of 1973 Triple Crown Winner Secretariat, who spent the majority of his life as a sire at Claiborne Farm in Paris. It also recognizes a special anniversary celebration of Secretariat’s life set for Bourbon County next month.

“Big Red Gala: A celebration of Secretariat's 50th Birthday” is scheduled for the week of April 14 as the state’s official celebration of Secretariat’s birthday. The event will feature Claiborne Farm tours, memorabilia displays, a vendor fair, concerts, 10k race, drive-in showing of the film “Secretariat,” equine parade and more, said Koch.

“We’re having a big celebration … We’re expecting over 15,000 people to come to this,” he said.

Secretariat, who was nicknamed Big Red, sired over 580 offspring at Claiborne Farm, where he was flown after record wins in each race of the Triple Crown. He died in 1989 and is buried at the farm.

Secretariat’s record times in the three Triple Crown races, including the Kentucky Derby, remain unbeaten.

HCR 41 passed the House 93-0. It now goes to the Senate for consideration.

END

March 2, 2020

Bill would make it a crime to ‘dox’ minors

Sen. Christian McDaniel, R-Taylor Mill, explains Senate Bill 182, a measure he introduced to criminalize "doxing," during today’s Senate proceedings. A hi-res photo can be found here.

FRANKFORT – Legislation to criminalize a type of online harassment passed the state Senate today by a 30-6 vote.

Senate Bill 182 would make it a crime for a person to use online communications to intentionally disseminate identifying information of a minor with the intent to intimidate abuse, threaten, harass or frighten the minor. The information would include the child’s name, Social Security number, birthday, address, email, telephone number, checking account number, health information, employer or school.

Such actions would be a misdemeanor but could be enhanced to a felony if physical harm, monetary loss or death resulted in the online communications.

This type of cyber behavior is generally referred to as doxing, slang for “dropping documents.” It is defined as the act of publicly identifying or publishing private information about someone, especially as a form of punishment or revenge.

Sen. Christian McDaniel, R-Taylor Mill, said it was time Kentucky criminalize this type of online harassment towards minors after a Northern Kentucky high school student was doxed following the posting of a video of him with a Native American protester in Washington D.C.

“You can disagree with someone,” he said. “You can call that person whatever you want. You can put your own opinion, but you don’t have the right to use online platforms to attempt to harass someone with a real fear of bodily injury because you are giving out their home address, where they go to school and inciting people to go do damage to them, their family and their property.”

McDaniel described SB 182 as a simple, common-sense step to address a growing problem in the era of social media.

Senate Democratic Floor Leader Morgan McGarvey of Louisville said he couldn’t vote for SB 182 because it was too broadly written and would have unintended consequences.

He said he feared a child could be charged with violating the proposed law by posting a picture of a classmate wearing a school T-shirt. McGarvey said he T-shirt would be the equivalent of posting where the child went to school.

“While that might not be the intent of this bill, that is how the bill reads,” he said. “When we are talking about this type of serious matter and offense, we need to be precise with the language. This bill goes too far.”

Sen. Wil Schroder, R-Wilder, said he did not share the same concerns about SB 182.

“It is not just enough to identify a person and school,” he said, adding one would have to use threatening and abusive language. “In addition to that, the minor has to have a reasonable fear of physical injury.”

Schroder sponsored similar legislation during the 2019 regular session. That measure, known as SB 240, passed the Senate by a 26-10 vote but didn’t get a committee hearing in the House of Representatives.

This year’s SB 182 now goes to the House for its consideration.

END

Feb. 28, 2020

This Week at the State Capitol

FRANKFORT – More top issues of the General Assembly’s 2020 session came into better focus this past week as legislative action hit high gear.

In the Senate, members gave approval to a proposed constitutional amendment that could give the General Assembly authority to establish standards on restoring voting rights for certain felons, not including those who committed treason, election bribery, a sex offense, a violent crime, or an offense against a child.

Kentucky law currently prohibits felons from voting unless they have their rights restored by the governor.

Gov. Andy Beshear issued an executive order in December to restore voting rights to about 140,000 felons. Supporters of Senate Bill 62 say the legislation would build on this by giving Kentucky an enduring approach to restoring voting rights that isn’t susceptible to different approaches future governors might have on the issue.

The bill passed the Senate 29-7 on Thursday and now goes to the House for consideration. If approved there, Kentucky voters would have the final say on the proposed constitutional amendment in November.

Measures advancing in the House this past week include a bill that would establish a tax on vaping products. It would also increase the excise tax rate per unit and weight on snuff and chewing tobacco.  Pipe tobacco and cigars would also see a wholesale tax increase from 15 to 25 percent, although cigarettes would not see a change. Supporters say the legislation, House Bill 32, would help decrease vaping among youth while generating needed revenue for the state.

The bill was approved by the House 75-17 on Wednesday and delivered to the Senate.

Other bills that took steps forward in the legislation process over the past week include measures on the following topics:

Adoption leave. House Bill 390 would require employers to offer the same leave policies to adoptive parents as they offer to birth parents. The legislation was approved by the House 81-0 on Friday and now goes to the Senate.

Eating disorders. Senate Bill 82 seeks to offer better treatment options to those with eating disorders by establishing the Kentucky Eating Disorder Council. The council would oversee the development and implementation of eating disorder awareness, education and prevention programs. It would also identify strategies for improving access to adequate diagnosis and treatment services and made recommendations on legislative and regulatory changes. The bill was approved by the House Health and Family Services Committee on Thursday and awaits action from the full House.

High school vocational education. Senate Bill 156 would require the state to develop plans to transition state-operated secondary vocational educational centers to local school districts by mid-2024. The bill was approved by the Senate 30-7 on Tuesday and has been sent to the House for consideration.

Infrastructure protection. House Bill 44 seeks to strengthen the security of critical infrastructure across Kentucky. The legislation would specify that above-ground natural gas and petroleum pipelines and cable television headend are among the infrastructure assets aren’t suitable areas for drone flights. The legislation also defines tampering with the assets as felony criminal mischief. The bill was approved by the Senate Natural Resources and Environment Committee on Wednesday and awaits consideration from the full Senate.

Local taxes. House Bill 475 is a proposed constitutional amendment that would remove restrictions on ways the General Assembly can allow local governments to levy certain taxes. The bill was approved Thursday by the House Elections, Constitutional Amendments, and Intergovernmental Affairs Committee on Thursday. If approved by the full House and Senate, the measure would be decided by voters in a statewide ballot this fall.

Mental illness. Senate Bill 154 would add a diagnosis of serious mental illness to the disabilities which prevent the death penalty for persons convicted of capital offenses. The diagnoses of the serious mental illness would need to come before the capital offense occurs, not after. The legislation was approved by the Senate Judiciary Committee on Thursday and now goes to the full Senate.

Newborn screenings. Senate Bill 60 would require that newborns be screened for spinal muscular atrophy. Early diagnosis of this genetic disease helps babies receive treatment when it’s most effective. The bill passed the House Health and Family Services Committee on Thursday and awaits a vote from the full House.

Pardons. Senate Bill 58 would prohibit a governor from pardoning or commuting sentences 30 days or less before a gubernatorial election. If a governor is re-elected, pardon powers would be restored on inauguration day. The bill, which was approved by the Senate 33-4 on Wednesday, now goes to the House for further consideration. Since Senate Bill 58 seeks to amend the state constitution, it would need to be approved by Kentucky voters this fall to go into effect.

Veterans. House Bill 24 would support plans to build a veterans nursing home in Bowling Green. The legislation would appropriate $2.5 million needed to complete design and preconstruction work for the 90-bed facility. That must be completed before federal funding is allocated to start building the proposed $30 million facility. The bill was approved by the Senate 36-0 on Wednesday and now goes to the governor’s desk.

Youth protection. Senate Bill 182 would make it illegal to post personally identifying information about a minor online with the intent to intimidate, abuse, threaten, harass, or frighten. The bill received approval from the Senate Judiciary Committee on Thursday and awaits a vote from the full Senate.

To offer your legislators feedback on the issues under consideration, call the General Assembly’s toll-free message line at 800-372-7181.

Feb. 27, 2020

 EMS funding bill advances to Senate

FRANKFORT—A bill that would allow Kentucky’s struggling emergency medical services statewide to benefit from enhanced federal Medicaid payments for ground ambulance runs has passed the Kentucky House.

House Bill 8 primary cosponsor Rep. Rob Rothenburger, R-Shelbyville, said the legislation is the result of over three years of work with the Kentucky Ambulance Providers Association and Kentucky Medicaid office. The bill—of which Rep. Mark Hart, R-Falmouth, is also a primary cosponsor—would enable EMS services to assess a fee that would be used to enhance Medicaid payments for ambulance runs.

“By assessing those EMS services and by working cooperatively with the state Medicaid office, Kentucky like many other states can take full advantage of the federal government’s enhanced Medicaid payment program and realize thousands of additional dollars through their EMS service so that we can continue to deliver emergency medical care to the sick and injured throughout the Commonwealth,” said Rothenburger.

The legislation is expected to result in thousands, “if not millions,” of additional dollars for Kentucky based on experiences in states like Tennessee, which Rothenburger said has had similar legislation in place for about four years.

Tennessee “has realized millions of dollars” under its legislative model, said Rothenburger.

HB 8 passed the House 91-0 and now goes to the Senate.

END

Feb. 27, 2020

Voting rights restoration bill heads to House

Sen. Jimmy Higdon, R-Lebanon, explains Senate Bill 62, a proposed constitutional amendment he introduced to restore voting rights to felons, during today’s Senate proceedings. A hi-res photo can be found here.

FRANKFORT – A proposed constitutional amendment that could give some felons a clearer path to regaining voting rights passed the Senate today.

The measure, known as Senate Bill 62, would grant the General Assembly the authority to establish standards for giving persons convicted of certain felonies the right to vote. It would exclude people convicted of treason, bribery in an election, a violent offense, a sex offense or an offense against a child.

Currently, Kentucky law bans felons from voting for life – unless they get a special reprieve from the governor – even after they finish serving out their prison sentences, parole or probation. Sen. Jimmy Higdon, R-Lebanon, said Kentucky is one of only two states, along with Iowa, with a strictly enforced lifetime ban.

Higdon, who sponsored SB 62, said similar bills have been filed every regular session since 2008. Four years ago, the Senate voted 36-0 to pass out a constitutional amendment similar to the current SB 62, but the 2016 measure didn’t get a vote in the House of Representatives.

Senate Democratic Floor Leader Morgan McGarvey of Louisville said he couldn’t support SB 62. One of his concerns was that the bill could inadvertently undo a recent initiative to restore the voting rights of non-violent felons who had completed their sentences.

McGarvey was referring to an executive order signed by the governor in December that restored voting rights to about 140,000 Kentuckians. Higdon said that wasn’t the intent of SB 62. He said he was more concerned a future governor could rescind the executive order.

Higdon added that about 170,000 Kentuckians are still without the right to vote because of a prior felony conviction – even with the executive order in place.

SB 62 passed by a 29-7 vote.

Should the amendment proposed by SB 62 be approved by a three-fifths majority in the House and ratified by a majority of voters in November, it would be up to the General Assembly to create a statutory framework for the restoration of voting rights.

END

Feb. 27, 2020

‘Boots to Business’ could expand under bill

Sen. Dennis Parrett, D-Elizabethtown, explains Senate Bill 37, a measure he introduced concerning veteran-operated nonprofits, at today's meeting of the Senate Veterans, Military Affairs and Public Protection Committee.
A hi-res photo can be found here.

FRANKFORT – A bill that would allow veteran-owned nonprofits to waive some startup fees cleared a Senate committee today.

The measure, known as Senate Bill 37, would amend the existing Boots to Business program to include veteran-owned nonprofits. Through the program, new businesses that are majority-owned by a military veteran or an active-service member are eligible for fee waivers for the initial business filing, as well as the annual report filings over the next four years of business.

“I don’t have to tell anyone in this room that Kentucky is a very military-friendly state,” Senate Democratic Whip Dennis Parrett of Elizabethtown said while testifying before the Senate Veterans, Military Affairs and Public Protection Committee. “Living in Hardin County, I see that every day.”

Part of the Fort Knox military installation is in Hardin County.

Parrett, who introduced SB 37, said there are several nonprofits established by veterans just in Hardin County. One is a homeless shelter for veterans.

“We still have a lot of homeless veterans,” Parrett said. The Department of Veterans Affairs website states there are 512 homeless veterans currently in Kentucky, despite a five-year initiative to end homelessness among the group.

A similar measure passed the Senate last year but did not become law.

END

Feb. 27, 2020

Proposed constitutional amendment regarding local governments advances to House

FRANKFORT -- A proposed constitutional amendment that would remove restrictions on ways the General Assembly can allow local governments to levy certain taxes was approved by a legislative committee today. If approved by the full House and Senate, the measure would be decided by voters in a statewide ballot this fall.

House Bill 475 primary cosponsor Rep. Michael Meredith, R-Oakland, said the bill proposes changes to Section 181 of the state Constitution that would clear the way for a new framework for local government taxation. The proposal, which also has the primary sponsorship of House Speaker David Osborne, R-Prospect, advanced from the House Elections, Constitutional Amendments and Intergovernmental Affairs Committee today with bipartisan approval.

The state Constitution currently restricts local governments’ ability to levy certain taxes and fees which, Meredith said, making cities, counties and certain other local government entities largely dependent on payroll taxes, property tax, and “local income” taxes, such as the gross receipts tax.  The proposed amendment would ease those restrictions and create more flexibility, he said.

“Knowing that we find ourselves being one of the five most dependent states in the nation on productivity-based taxes—those local income taxes—we knew that to have a serious conversation about changing the tax code we had to allow additional forms of flexibility in revenue, and revenue collection,” said Meredith.

Should the amendment proposed by HB 475 be approved by the General Assembly and ratified by a majority of voters statewide, it would be up to the General Assembly to create a statutory framework for the creation of new local revenue. Local governments would then pass ordinances “within the boundaries of that framework,” said Meredith.

 Kentucky League of Cities Executive Director J.D. Chaney spoke in support of the proposed amendment which he said addresses local government tax modernization in a meaningful way.

“This is moving this discussion further along than I think really we ever have,” said Chaney.

Speaking against the amendment was Kentucky Retail Federation Chairman and Willis Music CEO Kevin Cranley, who said the proposed change could put the full tax burden on consumers. “They don’t deserve this,” he told the committee.

But Meredith said the proposed change would instead get rid of an “impediment” that has prohibited the state from having a broader discussion about local taxation for 25 years.

“What we’re seeking today is to get rid of the impediment,” he said.

HB 475 now goes to the full House for consideration.

END

Feb. 26, 2020

Bill to restrict governors' pardon power advances

Sen. Christian McDaniel, R-Taylor Mill, explains Senate Bill 58, a proposed constitutional amendment he introduced to restrict a governor’s power to pardon, during today’s Senate proceedings. A hi-res photo can be found here.

FRANKFORT – “Well, it figures. They always get away with it.”

Those are the words of a child rape victim after hearing Kentucky's prior governor pardoned her rapist. The molester had served less than 18 months of a 23-year sentence.

Sen. Christian McDaniel, R-Taylor Mill, read the girl's statement while explaining the need for a constitutional amendment to curtail a governor's ability to issue pardons on the way out of office.

The proposed constitutional amendment, known as Senate Bill 58, would prohibit a governor from pardoning or commuting sentences beginning a month before a gubernatorial election and ending with the governor’s inauguration. McDaniel stressed that a governor would otherwise be free to issue pardons and commutations.

“There will be no more hiding in the darkness during the last minutes of an administration,” McDaniel said. “There will be no more allowing the rich and the powerful to influence the scale of justice without recourse for the voters of the commonwealth.”

He said the sections of the Kentucky Constitution granting a governor the power to pardon date back to 1891 when it wasn’t unheard to duel – the kind involving guns.

“Things in our society have changed dramatically since that time,” McDaniel said. “Many, many things have changed since, including the sophistication and evenness of our judicial system. The power to pardon allows one person to override the judgment of a police officer, county prosecutor, grand jury, jury and in many cases appellate courts ... and impose his or her unilateral opinion upon the scales of justice.”

He said the scariest thing is what pardons could be issued in the future.

“We vest in one person, who stands to account to no one, the authority to free anyone to include every person on death row,” McDaniel said. “I can tell you today that based on feedback that I have received from every corner of this state, the people of the commonwealth find the judicial process ... to be superior to the pardoning powers of one individual.”

Senate Democratic Floor Leader Morgan McGarvey, D-Louisville, voted for SB 58 despite a failed attempt to amend the bill. McGarvey said the amendment would have ensured a governor maintained the ability to stop an execution in the eleventh hour. He added that political corruption could be removed from the pardon process through statutes and without amending the state constitution.

Sen. Wil Schroder, R-Wilder, said he thought SB 58 was a good remedy after studying what other states had done to address the issue.

“This wasn’t just one individual,” Schroder said about the prior governor’s pardons. “We’ve seen this before. It could happen again. We have seen cases in other states where it has happened.”

SB 58 passed by a 33-4 vote. The bill now goes to the House of Representatives for further consideration. If it also clears that chamber, it would be placed on the November ballot for voters to decide.

END

Feb. 26, 2020

Vaping tax bill advances to Senate

FRANKFORT—A bill that would raise $49.9 million in new revenue over the next two fiscal years through a new wholesale tax on vaping products and increased taxes on some other tobacco products has cleared the Kentucky House.

House Bill 32 sponsor Rep. Jerry T. Miller, R-Louisville, said a portion of the funding would come from adding vaping products to the list of tobacco products subject to a state tobacco excise tax of 25 percent of the wholesale price under the bill. Most remaining revenue would come from doubling the excise tax rate per unit and weight on snuff and chewing tobacco.

Traditional cigarettes would not be subject to a tax increase under the bill.

The legislation came to a vote in the House several weeks after the federal government raised the minimum age to buy cigarettes and vaping products to 21.

Miller said during his testimony on the bill earlier this month that he expects HB 32 to reduce use of e-cigarettes and other vaping devices—most of which have been shown to carry nicotine-among youth.

“The products that children are abusing are truly a crisis,” Miller told the House before today’s vote on HB 32. He recalled watching a local news story that revealed the use of vaping products among high school youth in Bullitt County is up between 200-300 percent. Among those interviewed for the story, said Miller, was a school resource officer who had lost his father to lung cancer.

“(The SRO is) quoted as saying, ‘Vapes were a way to get off cigarettes, but I tell you, they’re worse than cigarettes,’” Miller said, adding “the most effective way to attack underage use is through raising the price.”

An amendment to the bill sponsored by Rep. Steven Rudy, R-Paducah, and approved by the House both clarifies the definition of tobacco products and restores language clarifying that the Kentucky General Assembly recognizes increasing taxes on tobacco products should reduce consumption of such products.

HB 32 passed the House 75-17. It now advances to the Senate for consideration.

END

Feb. 26, 2020

Critical infrastructure security bill advances

Rep. Jim Gooch Jr., R-Providence, presents House Bill 44, a measure he introduced to strengthen state laws against tampering with key infrastructure assets, during today's meeting of the Senate Natural Resources & Energy Committee. A hi-res photo can be found here.

FRANKFORT – Legislation to strengthen the security of critical infrastructure across Kentucky was passed out of a Senate committee today.

The measure, known as House Bill 44, would build upon 2018 legislation designed to protect Kentucky’s “key infrastructure assets,” defined by the federal government as physical and cyber systems that are so vital that their incapacity or destruction would have a debilitating impact on residents’ physical and economic security.

A major provision of the 2018 legislation banned people from flying drones around chemical plants. HB 44 would follow 10 other states in expanding that protection to additional infrastructure assets. A second provision would define tampering with the assets as felony criminal mischief. And a third provision would create a liability clause for anyone who paid someone to tamper with those assets.

“Honestly, that is a very dangerous prospect,” Rusty Cress of the Kentucky Chemical Industry Council said of the prospects of people tampering with pipelines. “There are big concerns with that.” He made the statement while testifying before the Senate Natural Resources & Energy Committee in support of HB 44.

Rep. Jim Gooch Jr., R-Providence, who introduced HB 44, said the version before the Senate was amended to address concerns expressed about the original bill.

“The original bill that started in the House had some opposition,” said Gooch, who chairs the House Natural Resources & Energy Committee. “We definitely tried to ... work through those. I think we have.”

Tom FitzGerald of the Kentucky Resources Council testified that concerns HB 44 would criminalize legitimate protests of proposed pipelines had been alleviated by the changes referenced by Gooch

The chair of the meeting, Sen. Brandon Smith, R-Hazard, recounted someone tampering with an oil tank on his relatives' land when he was just 12.

“I wish something like this would have been in place then to slap stiffer penalties on somebody that thought that was funny,” Smith said, “because I want to ensure you, all these years later, I still remember the smell of it ... the environmental damage.”

Sen. Whitney Westerfield, R-Crofton, said he supported HB 44 despite some reservations.

“As the only commercial drone pilot in the legislature ... this is obviously on my radar,” he said. He then elaborated on concerns that a recreational drone pilot could inadvertently violate provisions of HB 44 if they didn’t know what a “cable television headend” is, or that it is considered a key infrastructure asset.

Sen. Robin L. Webb, D-Grayson, asked whether HB 44 would restrict the movement of owners of property crossed by pipelines.

“I want to make sure the landowner has adequate protection as they should in the utilization of their property,” she said.

FitzGerald said HB 44 would not restrict property owners’ rights. He added that provisions of HB 44 would only apply to aboveground pipelines because of concerns that the paths of underground pipelines are not necessarily obvious to the casual observer.

FitzGerald stressed that HB 44 had nothing to do with a pipeline project that has become “somewhat controversial” with Bernheim Forest supporters. “This (HB 44) was never about that because it only deals with aboveground pipelines,” he said.

Sen. John Schickel, R-Union, said he wanted to clarify that HB 44 would not enhance penalties. He said it would only clarify existing criminal mischief statutes.

END

 Feb. 25, 2020

Senate again moves to enshrine victims’ rights

Sen. Whitney Westerfield, R-Crofton, explains Senate Bill 15, a proposed constitutional amendment enshrining certain rights for crime victims, during today's Senate proceedings. A hi-res photo can be found here.

FRANKFORT – The Kentucky Senate approved a bill today that would enshrine in the Kentucky Constitution certain rights for crime victims.

The measure, known as Senate Bill 15, would include the right to be notified of all criminal court proceedings involving the accused, reasonable protection from the accused, timely notice of the release or escape of the accused and the right to full restitution to be paid by the convicted.

SB 15 is tied to a national movement to pass statutes that have been collectively known as “Marsy’s law.” It’s in honor of Marsy Nicholas, a 21-year-old California college student who was stalked and killed in 1983 by an ex-boyfriend. Such laws have been enacted in at least 10 states, including neighboring Illinois and Ohio.

“The prosecutorial and judicial discretion that exists today will exist with Marsy’s law in effect," said sponsor Sen. Whitney Westerfield, R-Crofton. “But those victims will have a voice that is protected in our constitution. And they deserve that – all the tens of thousands of them that Kentucky sees every year.”

He said those same victims are too often re-traumatized by the very system that is supposed to find a “just” outcome to the criminal experience they have endured.

Sen. John Schickel, R-Union, said Westerfield, did a good job of articulating the pain of crime victims.

“As a retired law enforcement officer ... I know that is a very real pain,” Schickel said. “I’ve seen it many times. But the simple matter of fact is this constitutional amendment recommended to voters is a grave error.”

He said there is no consensus among the legal community on SB 15, there are already laws protecting crime victims and the constitution should not be altered from its original purpose – protecting citizens from the overreach of government.

Another former law enforcement officer, Sen. Danny Carroll, stood in support of SB 15. He said the bill is needed because we live in a time where the state is expunging criminal records, restoring felons’ voting rights and decriminalizing crimes.

“I think we owe it to the victims to at least give them the satisfaction of being involved in the case,” said Carroll, R-Paducah, adding that those victims deserve the same rights afforded the accused.

A similar proposed constitutional amendment passed the General Assembly in 2018 and was subsequently approved by voters, but the Kentucky Supreme Court ruled that the law was invalid due to unconstitutional ballot language.

Westerfield said the only thing significantly different this session is that SB 15 would also ensure victims have the right to be heard and notified in the consideration of any pardon, commutation of sentence or granting of a reprieve. He said that provision was added after concerns were raised after the former governor granted hundreds of pardons in the final hours of his administration.

SB 15 was approved 31-6 with one “pass” vote. The bill now goes to the House of Representatives for further consideration. If it also clears that chamber, it would be placed on the November ballot.

END

Feb. 25, 2020

Pension beneficiary changes OK’d by House

FRANKFORT—Current Kentucky law that prohibits retired state employees from changing pension beneficiaries after they retire would see some changes of its own under a bill passed today by the state House.

House Bill 104 sponsor Rep. Buddy Wheatley, D-Covington, said his bill would allow future retirees in the Kentucky Retirement Systems (KRS) to change their beneficiary and retirement allowance payment option after a “qualifying event.” The events would be limited to marriage, remarriage, the birth or adoption of a child, or death of their designated beneficiary, and the change would have to be made within 120 days after the event occurs.

KRS retirees “make a one-time, lifetime choice if you are a KRS member,” said Wheatley. “This bill will help equalize between KRS and TRS the ability to name new beneficiaries upon these qualifying events.”

And future retirees of the state Teachers’ Retirement System (TRS)—which already gives its members the limited ability to change beneficiaries in cases of marriage, remarriage, or death of a beneficiary—would be given the added option to change their beneficiary and payment option after the birth or adoption or a child, per the bill.

None of the changes proposed by HB 104 would increase pension benefits according to actuarial statements from the retirement systems, said Wheatley.

An amendment to the bill sponsored by House Majority Whip Chad McCoy, R-Bardstown, and approved by the House would benefit current retirees affected by a qualifying event by allowing them to change their beneficiary on or before Jan. 1, 2021.

McCoy said the change allows a “one-time qualifying event” to those who need to make a change.

HB 104 passed the chamber by a vote of 88-0 and now goes to the Senate for consideration.

END

Feb. 24, 2020

Election changes get approval of state House

FRANKFORT—A bill that would change Kentucky mail-in absentee ballot procedures and clarify that more than one voting precinct may vote at a single location has passed the state House.

House Bill 388 sponsor and House Elections, Constitutional Amendments and Intergovernmental Affairs Committee Chair Rep. Kevin D. Bratcher, R-Louisville, said the bill is the result of months of work with the Kentucky County Clerks Association and others.

“We’d been working on it all summer, both parties. All the (county) clerks are for this,” said Bratcher.

The change in mail-in absentee ballot rules would prohibit those ballots from being mailed to a voter’s residence unless the voter is required to work outside of the county throughout the in-person absentee voting process or for other eligible reasons, such as having a disability or being away on military service.

Bratcher said the bill would also require that mail-in absentee ballots be verified the day before an election. He emphasized that the ballots would not be counted the day prior, only verified.

“They will count them on election day,” he said.

Using a single voting location for more than one precinct is already part of election procedures in some larger counties, said Bratcher. One voting machine could be used by different precincts, per the bill, if the machine is capable of tabulating separate ballots.  

“This happens many times in the larger counties, and some of the other districts would like to do that,” said Bratcher.

Rep. Derrick Graham, D-Frankfort, asked if precincts at the same voting location would be able to share election officers under the bill. Bratcher said yes, with State Board of Election approval.

“If two precincts are at the same location and there’s a shortage of election officers – with the State Board of Elections’ blessing, an election officer can work at both precincts,” said Bratcher.

HB 388 would allow registered Independents to serve as election officers, and adjust terms for members on county board of elections, among other provisions.

HB 388 passed the House 84-0 and now goes to the Senate for consideration.

END

 Feb. 24, 2020

Bill aims to increase participation in jury system

Sen. Robby Mills, R-Henderson, presents Senate Bill 132, a measure he introduced to expand Kentucky’s pool of potential jurors, during today's Senate proceedings. A hi-res photo can be found here.

FRANKFORT – Legislation that would add people with state-issued personal identification cards to a pool of potential jurors passed the Senate today by a 35-0-vote.

“It will allow for a wider representation of our communities in our jury pool," said sponsor Sen. Robby Mills, R-Henderson, who introduced the legislation, known as Senate Bill 132.

He said the idea of expanding the pool of potential jurors has been studied for years, but the time was right to act. That’s because another piece of legislation (Senate Bill 2) advancing through the General Assembly this session would provide a free state-issued ID card for individuals who are at least 18 and do not have a valid driver’s license. It currently costs $30 for that ID.

The administrative arm of the Kentucky Court of Justice compiles a county-by-county master list of prospective jurors for the entire state. Currently, it draws from people with driver’s licenses, tax rolls from individual returns and voter registration lists.

By law, a person summoned to jury service is required to be available for 30 court days. However, once a jury begins hearing a case, the jury will remain seated for the duration of that case. State law requires the summons to be issued at least 30 days before jurors are to report for service.

The list of potential jurors was last expanded by the General Assembly in 2002. SB 132 now heads to the House of Representatives for its consideration.

END

February 21, 2020

This Week at the State Capitol

FRANKFORT – Although the Kentucky General Assembly’s 2020 session reached its halfway point this week, much more than half of the workload of this session likely lies ahead.

After seven weeks of legislative activity, hundreds of bills have moved closer to becoming law, although fewer than ten have reached the governor’s desk to be signed. That’s typical at this point in a session. It’s likely that the pace will progressively increase in the days ahead and that the number of bills sent to the governor’s desk could exceed 100 by the time the legislative veto recess begins in early April.

One of the lengthiest legislative debates so far this year was held on Thursday as members of the House considered – and ultimately approved – a bill that would legalize medical marijuana in Kentucky. Under an amendment added to the bill, qualifying conditions for the use of medical marijuana would include chronic pain, epilepsy, multiple sclerosis, and nausea or vomiting.

If House Bill 136 becomes law, the measure would establish policies for the cultivation, processing, sale, distribution and use of medical marijuana. Patients who qualify to receive a registry card to obtain medical marijuana would not be able to use the medicine in a form that could be smoked. They wouldn’t be allowed to grow marijuana at home either. Local governments would be able to prevent dispensaries from locating in their areas, if they choose.

The bill was approved by the House on a 65-30 vote on Thursday. It now goes to the Senate for further consideration.

In other business this week, lawmakers cast votes on numerous other measures, including bills on the following topics:

Diabetes. House Bill 12 would limit patient costs for a 30-day supply of insulin to $100. The legislation was approved by the House 92-0 on Wednesday and now goes to the Senate.

Marsy’s Law. A measure to add a crime victims’ “bill of rights” to the state constitution was approved by the Senate State and Local Government Committee on Wednesday. Senate Bill 15—widely known as Marsy’s Law— would specify in the state constitution that crime victims have the certain rights, including the right to be notified about court proceedings, the right to reasonable protection from the accused, and the right to be heard in hearings. If approved by the full Senate and the House, the measure would be decided on by Kentucky voters this fall.

Lawmakers considered Marsy’s Law legislation two years ago and approved the measure, which sent it before the states’ voters in the form of a proposed amendment to the state constitution. Though a majority of Kentucky voters cast votes in favor of Marsy’s Law, the Supreme Court invalidated the measure with a ruling that said the voting ballots should have provided the entire text of the proposed amendment rather than a summary of it.

Public Assistance Reform. House Bill 1 seeks to reform the way public assistance is provided in Kentucky, with an eye toward preventing fraud while offering assistance to people seeking to move beyond public assistance and into the workforce.

Key provisions of HB 1 would require most cash assistance beneficiaries to use a single electronic benefit transfer card for all program with penalties for misusing the card. Other provisions would provide “transitional” benefits through the Supplemental Nutrition Assistance Program and allow implementation of a Medicaid work requirement should state matching funds required to cover Kentucky’s expanded Medicaid population reach a certain level. Additionally, those with earnings between 138-200 percent of the federal poverty level who no longer qualify for Medicaid because of increased income, but who otherwise qualify for Medicaid, could participate in a state health insurance option. The program would provide the optional insurance to a qualified individual for 12 months or longer.

House Bill 1 was approved by the House 58-32 on Friday and now goes to the Senate.

Transportation secretary. Senate Bill 4 would no longer make the selection of the state transportation secretary solely a decision of the governor. Instead, the bill would create a Kentucky Transportation Board to be responsible for submitting a list of transportation secretary candidates from which the governor would make a selection. The governor’s choice would have to be confirmed by the Senate. The bill passed the Senate 25-8 on Wednesday and now goes to the House for consideration.

Citizens are encouraged to share their feedback with lawmakers on the issues under consideration by calling the General Assembly’s toll-free message line at 1-800-372-7181.

Feb. 21, 2020

Public assistance reform in HB 1 advances to Senate

House Speaker Pro Tempore David Meade, R-Stanford, presents HB 1 for a floor vote. A hi-res photo can be found here.

FRANKFORT—A House initiative to reform how Kentucky provides low-income cash assistance, food assistance, and certain Medicaid benefits to its citizens passed the chamber today by a vote of 58-32. 

House Speaker Pro Tempore David Meade, R-Stanford, said House Bill 1, as amended on the House floor today, would remove barriers to public assistance by those who need it most while holding those who may abuse the system accountable. Meade and House Speaker David Osborne, R-Prospect, are primary cosponsors of the measure.

“I would say that if we save one life from drug addiction, or we make sure one child does not go hungry because their parents are trafficking (their benefits) card, then it’s well worth the cost that we’ve spent,” Meade told his colleagues in the House. 

Key reforms that the state would be required to implement under House Bill 1 would: require most cash assistance beneficiaries to use one single electronic benefit transfer (EBT) card for all programs with penalties for selling or otherwise misusing the card; provide “transitional” benefits through SNAP—the federal Supplemental Nutrition Assistance Program formerly known as food stamps, and; allow implementation of a Medicaid work requirement should state matching funds required to cover Kentucky’s expanded Medicaid population reach a certain level.

Those with earnings between 138-200 percent of the federal poverty level who no longer qualify for Medicaid because of increased income, but who otherwise qualify for Medicaid, could participate in a state health insurance option under HB 1. The program would provide the optional insurance to a qualified individual for 12 months or longer.

Some lawmakers opposing the legislation said it could potentially cost the state more that it would save.  House Minority Whip Angie Hatton, D-Whitesburg, said fraud and “perceived fraud” among public cash assistance beneficiaries in Kentucky is estimated to cost taxpayers less than $400,000 a year at most. The impact of HB 1 would cost more than 50 times that amount, she estimated.

“We’ll spend $20 million to ferret this out,” she said. “And why? … The reasons are that we want to encourage people to work. Well, statistics show us that 62 percent of people who are on Medicaid are working compared to the general public’s percentage which is 58 percent.”

Meade said most of the money to pay for the initiative would be federal, not state. He also countered some legislators’ comments that HB 1 would hurt low-income families and individuals by saying the legislation would “drastically” increase benefits while helping individuals become more self-sufficient.

“Only those who lose these benefits can do so in two ways—they are either fraudulently misusing the card, the benefits that they’ve been given, or they are a completely able-bodied adult with no dependents and simply choose not to participate in a community engagement program,” said Meade.

HB 1 would also require the Cabinet for Health and Family Services to report to the state Public Assistance Oversight and Advisory Committee regarding possible changes to childcare assistance programs, and propose a legislative work group to review and report to the General Assembly on state substance abuse recovery efforts.

The bill now goes to the Senate for consideration.

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Feb. 20, 2020

Medical marijuana bill advances in KY General Assembly

FRANKFORT— For the first time in Kentucky history, a bill to legalize medical marijuana came to a vote on the floor of the Kentucky House. Apparently the first time was a charm.

Members of the House voted 65-30 to approve the legalization of medical marijuana under House Bill 136, along with eight floor amendments to the bill. The measure now goes to the Senate for its consideration.

“HB 136 when it is passed, which I hope that it is, will be the tightest medical marijuana bill in the country,” said Rep. Jason Nemes, R-Louisville, who shares primary sponsorship of the measure with Rep. John Sims Jr., D-Flemingsburg.

Nemes said that he and Sims have spent years meeting with stakeholders to ensure that the legislation addresses their concerns.

“We’ve met with stakeholders from law enforcement, constituents, regular folks … patients, physicians, chiropractors. I mean, you name it, we’ve been there,” he said.

The bill as passed by the House would extensively clarify state policies for cultivation, processing, sale, distribution, and use of medical marijuana. Licensing of cannabis dispensaries is covered, as is maintenance of a cardholder registry for cannabis users.

Smoking of medical marijuana would be prohibited under HB 136.  The bill instead would allow the drug to be dispensed as “edibles” such as gummies, oils, or similar products.  Customers would be limited to a month’s supply at one time. 

Keeping with the sponsors’ commitment to make HB 136 a public health bill and not a revenue maker, Nemes said excise taxes and all other revenue created by the bill would go to regulation of the program and nothing else. Additionally, local governments would have the last say in whether medical marijuana businesses operate within their jurisdiction.

Among those House members voting against the proposal was former Kentucky State Trooper and current pastor Rep. Chris Fugate, R-Chavies. He cited the fact that marijuana remains a federally controlled substance that isn’t regulated by the Food and Drug Administration as a reason for his vote.

“Marijuana, no matter how we look at it, is against federal law” and joins heroin, LSD, and ectasy as a Schedule I narcotic, said Fugate. It is also a “gateway drug,” he said, referring to drugs that are believed by some to lead to abuse of more dangerous drugs later on.

Voting is support of the bill was Rep. Robert Goforth, R-East Bernstadt. The licensed pharmacist said he supports the bill on behalf of individuals like his adult brother diagnosed years ago with cerebral palsy.

Goforth said he sees his brother suffer on a regular basis from “adverse side effects” caused by FDA-approved anticonvulsants and other drugs.

“If I can give him a little bit of relief from the FDA-approved medication that has caused those adverse side effects for him, to control those conditions, I’m going to do it. I have to do it,” he said.

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Feb. 20, 2020

Public assistance reform in HB 1 advances to full chamber

FRANKFORT—A top priority of House majority leaders —to reform how the state provides public assistance to its citizens – passed out of committee today and now advances to the full chamber.

House Bill 1, sponsored by House Speaker David Osborne, R-Prospect, and Speaker Pro Tempore David Meade, R-Stanford, was approved by the House Health and Family Services Committee. It now returns to the full House for further consideration.

“We have talked for years about how to make our public assistance systems work better. Most of the time those have been discussed, quite frankly, in a very punitive manner,” said Osborne. “This has been a legitimate and heartfelt attempt, particularly by Speaker Meade, on bringing a compassionate (aspect) to this.”

Key provisions of HB 1, among others, involve changes to cash assistance programs and eligibility for expanded Medicaid. Each cash assistance beneficiary would be placed on a single electronic benefit transfer (EBT) card, with exceptions made for foster care, kinship care and similar program payments. Another provision in the bill could require expanded Medicaid beneficiaries who have been part of the state’s expanded Medicaid population for at least one year to work at least 80 hours a month in order to continue to qualify for Medicaid benefits.

The work requirement for expanded Medicaid—part of a “community engagement program” that would implemented by the state under HB 1—would kick in should the percentage of the state general fund Medicaid budget needed to provide the state match for Kentucky’s expanded Medicaid population reach 50 percent.  

Those with earnings between 138-200 percent of the federal poverty level who no longer qualify for Medicaid because of increased income, but who otherwise qualify for Medicaid, could participate in a state health insurance option under HB 1. The program would provide the optional insurance to a qualified individual for 12 months or possibly longer.

Among those voting against the bill in committee was Rep. George Brown Jr., D-Lexington, who said many Kentuckians could be “banned from benefits for life” under HB 1.

“I’ve got serious problems with this, and my vote is no,” said Brown.

Rep. Daniel Elliott, R-Danville, said he thinks some of his colleagues on the committee may disagree on whether or not public assistance is misused or abused by some people.

“I believe that it is, and I think that’s what we’re trying to get at here. That’s why I’ll vote yes, because we’re stewards of the taxpayer dollar,” said Elliott.

HB 1 includes several recommendations from the 2019 Public Assistance Reform Task Force, which met several months before issuing the recommendations late last year.

END

 Feb. 20, 2020

Transportation secretary hiring reform advances

Senate Transportation Committee Chair Ernie Harris, R-Prospect, stands in support of Senate Bill 4, a measure that would change the way Kentucky selects its transportation secretary, during today's Senate proceedings. A hi-res photo can be found here.

FRANKFORT – A bill that would pave the way to changes in how Kentucky hires transportation secretaries passed out of the state Senate today.

“We need a transportation policymaking process that is transparent and accountable,” said Sen. Jimmy Higdon, R-Lebanon, who sponsored the measure, known as Senate Bill 4. “This bill incorporates ideas from Florida, South Carolina, Virginia and other states.”

He said at the core of SB 4 would be the establishment of the Kentucky Transportation Board. The board would be responsible for submitting a list of transportation secretary candidates from which the governor would have to choose. The governor’s choice would also have to be confirmed by the Senate.

Higdon said the approach would be similar to how the Kentucky Economic Development Partnership Board has selected the state economic development secretary since the General Assembly passed legislation to reform that cabinet in 1992.

Senate Transportation Committee Chair Ernie Harris, R-Prospect, stood in support of SB 4. “I believe this bill does the best we possibly can to take the politics out of roads and the funding of them,” he said while referencing previous testimony concerning how governors have handed out road projects as political favors.

Senate President Robert Stivers, R-Manchester, also stood in support of SB 4. He said governors have “politicized and weaponized” transportation projects for decades.

“Every administration I ever served under used this cabinet to do things that were totally outside of process and policy and purely political,” he said. Stivers added that Kentucky is one of only nine states where the governor can currently appoint the leader of the transportation department with no legislative involvement.

Democratic Floor Leader Morgan McGarvey, D-Louisville, stood in opposition of SB 4. He said the economic development board wasn’t a good comparison because the sitting governor is the chair and a voting member of the board.

“This isn’t a road map to transparency and accountability,” McGarvey said of SB 4. “It is a road map to confusion with side trips to delay and conflict. We know why we are doing it. We are here in the early days of a new administration as the General Assembly attempts to take power from this governor.”

SB 4 states one of the transportation board’s first responsibilities will be to begin the process for the selection of a cabinet secretary. The current transportation secretary could be considered for the job but wouldn’t be guaranteed a re-appointment. 

Higdon said the board would also have several duties as related to the development of the state’s six-year road plan. SB 4 would codify a process already in place to use traffic data and other objective measurements to prioritize road projects being considered for funding in the state highway plan. Higdon emphasized that the bill would not change legislators’ role in the final selection of road projects and the appropriation of funds.

The board would consist of nine voting members appointed by the governor from nominations submitted from the state’s League of Cities, Association of Counties and Chamber of Commerce. To ensure each organization is represented equally on the board, the governor would have to appoint three nominees from each of the organizations.

Sen. Gerald A. Neal, D-Louisville, voted against SB 4 but did successfully introduce an amendment, known as Senate Floor Amendment 2, that would require board membership to reflect gender and racial diversity.

SB 4 passed by a 25-8 vote. It now goes to the House of Representatives for further consideration.

END

Feb. 19, 2020

Insulin cost-saving bill advances to Senate

FRANKFORT—The more than 500,000 Kentuckians who have been diagnosed with diabetes could save on costly insulin prescriptions under a bill that today passed the Kentucky House.

House Bill 12 would cap patient cost for a 30-day supply of insulin in Kentucky at $100 per prescription, said HB 12 primary co-sponsor and licensed pharmacist Rep. Danny Bentley, R-Russell.  A diabetic himself, Bentley said typical costs for a month’s supply of the drug can run $1200 or more per patient.

“I use insulin. A box of Lantus is over $300 dollars,” said Bentley. “So if you use four boxes a month, that’s $1200.”

It’s that kind of expense, Bentley said, that has led some diabetics to begin rationing the life-saving drug.

“We hope that (HB 12) helps,” said Bentley. “Especially personal to me are the people I live with in Eastern Kentucky where we have a high rate of diabetes.”

An amendment to the bill filed by HB 12 primary co-sponsor and licensed pharmacist Rep. Steve Sheldon, R-Bowling Green, gives patients further assurance by prohibiting insurers from increasing the patient cost of insulin prescriptions that fall below $100. The amendment was adopted in the House by voice vote.

Rep. Patti Minter, D-Bowling Green, voted in support of the bill. The mother of a Type 1 diabetic, Minter said those affected by diabetes are a “growing family.”

Minter said she ultimately supports insulin-for-all but that there is a need for HB 12 now.

“This is an excellent start, and it’s an excellent example of what this chamber can do when we are at our very best,” she said.

HB 12 passed the House 92-0. It now goes to the Senate for consideration.

END