Tuesday, May 6, 2008

2:05 p.m.

 

Final Legislative Record

 

The final Legislative Record for the Kentucky General Assembly's 2008 Regular Session shows that 17.48 percent of bills introduced during the session became law.

 

A total of 180 bills became law out of the 1030 that were introduced. Most of those bills -- those that didn't contain emergency clauses or specify an effective date -- go into effect as law on July 15.

 

Top of Page

 


 

Wednesday, April 23, 2008

1:35 p.m.

 

New laws go into effect July 15

 

The effective date for ordinary legislation passed during the 2008 Regular Session of the General Assembly will be July 15, according to the Kentucky Attorney General's office.

 

The Kentucky Constitution specifies that an act becomes law 90 days after the General Assembly adjourns, unless the act specifies a different effective date or contains an emergency clause.

 

Top of Page

 


 

Wednesday, April 16, 2008

1:40 a.m.

 

General Assembly's 2008 session adjourns

 

State lawmakers have adjourned "sine die," bringing the Kentucky General Assembly's 2008 session to a close.

 

Over the course of this year's 60-day legislative session, lawmakers considered more than 1,000 bills. More than 150 of those bills were approved and sent to the governor, including the budget bill that will guide state spending over the next two years.

 

A sampling of some of the legislation approved during this year's session follows:

 

Adventure Tourism. Senate Bill 196 will boost the state's adventure tourism industry by allowing the state to enter into agreements with private property owners for the use of their land for recreational activities. The agreements would allow property owners to permit public use of the land without facing the liability issues they otherwise would.

 

Agriculture. SB 242 will establish a training fund to improve, promote, protect and support Kentucky's beekeeping industry. Supporters of the bill note that bee colonies play a key role in the state's agricultural industry by helping to pollinate crops.

 

Alcohol vaporizers. House Bill 202 will ban the sale, purchase or use of alcohol vaporizing devices, which can be used to inhale intoxicating fumes of alcohol.

 

Alternative teacher certification. SB 64 will create incentives to help train those with math and science degrees who want to become certified to teach, as well as help teachers in other fields become re-certified in math and science.

 

Amusement park safety. SB 203 will require more frequent inspections of amusement park rides and prevent anyone under 18 from operating the rides.

 

Animal cruelty. SB 58 will increase penalties for those who torture dogs or cats. Causing physical injury to a dog or cat as a result of torture would be a Class A misdemeanor that carries up to a year in jail, while causing serious physical injury or death would be a Class D felony punishable by 1-5 years in prison. Currently, all torture cases involving a dog or cat are Class A misdemeanors for a first offense.

 

Blood donations. HB 139 will allow 16-year-olds who weigh at least 110 pounds to donate blood with written parental or legal guardian consent. The bill was crafted to help address blood shortages.

 

Booster Seats. SB 120 will require young children who are too big for infant car seats to be placed in booster seats when riding in vehicles. The bill states that children under 7 years old and between 40-50 inches tall must use the boosters.

 

Bullying. HB 91 will require the state Department of Education to craft discipline guidelines. The bill will also require local school authorities to alert law enforcement when school harassment involves a potential felony. Yearly reports on school harassment will be made to the Department of Education and the Legislature.

 

Cancer. SB 98 will provide Medicaid coverage for breast and cervical cancer treatments for uninsured women. SB 96 will require insurers to cover colorectal cancer screenings, in accordance with guidelines of the American Cancer Society.

 

Clean waterways. HB 717 will create watershed authorities to restore and improve streams around the Commonwealth. The authorities will select cleanup projects and will help leverage more money for these efforts through various grants and programs.

 

Criminal justice. HB 683 allows the state Parole Board to review the cases of Class C felons without a hearing, allows for GPS tracking technology for home incarceration cases, and mandates DNA collection from all felons as well as violent juvenile offenders.

 

Early voting. HB 479 will give citizens greater access to the voting process by allowing them to request absentee ballot applications via email. The bill also allows members of the military to return unused absentee ballots and still be allowed to vote on Election Day.

 

Elections. HB 370 will erase the requirement that runoff elections be held in gubernatorial primary races if no candidate receives at least 40 percent of the vote.

 

Energy consumption. HB 2 creates incentives for homeowners to use solar and wind energy, and to use other energy-efficient lights, windows, and insulation. The bill also requires state government and local schools to build and lease energy-efficient buildings, and establishes a low-interest loan program to help businesses and public agencies become more energy efficient.

 

Gas theft. SB 136 will give gas station operators a way to collect payments from people who drive off without paying for fuel. The bill outlines specific civil liability and related procedures for financial recovery after fuel theft without immediately going to court.

 

Holocaust education. House Joint Resolution 6 will require the Department of Education to develop a curriculum guide for schools that may be used to teach about the Holocaust as example of genocide.

 

Kentucky products. HB 484 will promote use of locally-grown produce and other food products by public postsecondary institutions. If colleges and universities use a vendor or food service, the legislation encourages them to use food produced in Kentucky.

 

Math and science incentives. SB 2 will offer incentives to increase the number of students taking advanced math and science courses in Kentucky. Incentives would be provided from a science and mathematics advancement fund aimed at improving students' math and science knowledge from elementary school through college.

Merit scholarships. SB 75 will allow students with 2.5 GPAs who are on track to graduate from college to keep their full KEES scholarship money each semester. Currently, students with GPAs above 2.5 but below 3.0 only receive half their award.

 

Military. HB 168 will allow active duty military serving outside the state up to 90 days to renew their driver's licenses after returning to Kentucky. They could not be cited for driving without a license during that period.

 

Penal code. Senate Joint Resolution 80 calls for a legislative subcommittee to undertake a review of the state penal code. The legislation would require the Legislature's Judiciary Committee to appoint a Penal Code Study Subcommittee, upon approval of General Assembly leadership. The subcommittee would be responsible for thoroughly reviewing the state's penal code and finding ways to redraft and modernize it.

 

Sex offenders. HB 211 will broaden Kentucky's child sex abuse laws while increasing penalties for abusers and those who fail to report abuse. The bill will include older children under state laws that protect minors from first-degree sexual abuse by raising the age of children covered by the law from 12 to 16, or 16 to 18, if the perpetrator is in a position of trust or authority.

 

Trauma care. HB 371 seeks to create a statewide trauma care program in the Department of public health. The bill also establishes an advisory commission and registry of trauma incidents.

 

Water and sewer projects. HB 608 contains line-item water and sewer projects for coal and non-coal counties in Kentucky. Funding for projects in non-coal counties will come from $150 million in bonds derived from the state's master tobacco settlement dollars, while funding for coal county projects will come from $75 million in bonds paid with coal severance revenue.

 

Top of Page

 


 

Monday. April 14, 2008

6:14 p.m.

 

Bill to eliminate runoff election approved

 

Runoff primary elections in governor's races would be eliminated in Kentucky under a bill sent today to the governor for his signature.

 

House Bill 370, sponsored by Rep. Darryl Owens, D-Louisville, was given final passage by the House on a 94-3 vote. Should the bill become law, runoff primary elections would no longer be able to be triggered in gubernatorial races. Current law requires that a runoff be triggered if no slate receives at least 40 percent of the vote in a gubernatorial primary. So far, under current law, no runoff primary has been required.

 

If a runoff were triggered, the state estimates that the total statewide cost to hold the election would be over $5.3 million.

 


6:11 p.m.

 

Education bills clear House

 

A bill that would create an alternative teaching certification process for math and science professionals and teachers who want to teach math and science courses in public schools has passed the House 94-2.

 

Senate Bill 64, sponsored by Senate Majority Floor Leader Sen. Dan Kelly, R-Springfield, would create incentives to help institutes train those with math and science degrees who want to become certified to teach. The bill would also create a loan forgiveness program to attract such individuals to the teaching field. Provisions that would help teachers who are not certified in math or science to accelerate their certification in those subjects were added by the House.

 

"It gives them (teachers) a methodology based on current procedures to add one of the STEM (Science, Technology, Engineering and Math) disciplines to their certification," said Rep. Frank Rasche, D-Paducah, who chairs the House Education Committee.

 

A mechanism to fund the incentives in SB 64 is included in the bill.

 

The House also amended and approved SB 75, sponsored by Sen. Ken Winters, R-Murray, which would allow students with 2.5 GPAs who are on track to graduate from college to keep their full KEES scholarship money each semester. Currently, students with GPAs above 2.5 but below 3.0 only receive half their award.

 

Both SB 75, which passed the House 98-0, and SB 64 now return to the Senate for its consideration.

 

 

Top of Page

 


 

Thursday, April 3, 2008

12:49 a.m.

 

Final budget passed, heads to governor

 

Kentucky's $19 billion budget has been sent to the governor's office after final passage late Wednesday night by the General Assembly.

 

The Senate passed House Bill 406, the state's two-year spending plan, on a 35-3 vote; the House followed suit on a 74-21 vote.

 

The final report, the result of a weeklong House-Senate conference, includes no new taxes, but restores most of the funding the governor proposed cutting in higher education.

 

Base school funding for public schools is maintained, as is textbook funding for elementary and secondary education and programs like Safe Schools and Read to Achieve.

 

"The fact is, this is a very good budget considering the conditions in which we find ourselves," said Senate budget committee chair Charlie Borders, R-Russell. The legislature tapped $400 million in previously unavailable resources, from debt restructuring to savings due to a coming wave of state employee retirements. The Kentucky Lottery will also be required to increase its payments to the commonwealth by $7 million per year, 28 percent of its revenues.

 

"For the first time in memory, we will have a budget where in both years of the biennium, spending is less than in the current baseline," said Senate Minority Floor Leader Ed Worley, D-Richmond.

 

House Appropriations and Revenue Committee Vice Chair Rep. Robin Webb, D-Grayson, said the budget is a result of "fiscal crisis times."

 

"We're struggling in recession, our federal funding has been cut across the board. It's hard to maintain--even think about maintaining--continuation of services...when our moneys are being diverted billion by billion by billion, day in and day out," Webb said.

 

The bill would provide $90 million in new dollars for health and human services programs including 100 new Supports for Community Living slots that provide alternatives to institutionalization for those with developmental disabilities and additional SCL slots for those with acquired brain injuries. It would also approve construction of a new Eastern State Hospital in Lexington and new group homes at Hazelwood Center in Louisville, although House Health and Human Services budget subcommittee chairman Rep. Jimmie Lee, D-Elizabethtown, said those projects would require no General Fund dollars from the budget.

 

In the area of corrections, the state expects to save $31 million by moving non-violent offenders, generally Class D felons serving five years or less, out of prison and into community programs. The budget also provides $2 million in coal severance money for Operation UNITE, an anti-drug program focused on eastern Kentucky, and $1.8 million in coal severance money for drug courts in coal-producing counties.

 

Capital construction was largely limited to safety, health, and other emergency needs, including needs at Fort Knox, which will be greatly expanding in the near future. Money to prepare for the 2008 Ryder Cup in Louisville and the 2010 Alltech FEI World Equestrian Games in Lexington was also included, as was funding for enhanced school construction. The final debt ratio will be 6.32 percent of state spending.

 

Teachers and state employees will receive 1 percent raises in each year, but if state revenues outpace projections, those raises could be as much as 3 percent in the second year. If revenues exceed expectations by just 1 percent, Senate President David Williams said, the full raise would be realized and several other projects, mostly at universities, could begin. Any additional money would go toward the state's rainy day fund, currently projected at $32 million.

 

Lawmakers also approved a supplemental appropriation bill, House Bill 410. The bill, which passed 38-0 in the Senate and 83-10 in the House, includes $150 million in bond funding from coal and tobacco accounts for water and sewer projects as well as $231 million in federal GARVEE Bond funding for the Louisville bridges project. Also in that bill are line-itemed coal severance projects.

 

"I think we can get $1 billion in projects going in this state," said Williams, R-Burkesville, by leveraging funds in HB 410 with other resources.

 

Top of Page

 


 

Wednesday, April 2, 2008

11:41 p.m.

 

Bullying bill wins final passage

 

A plan to combat school harassment and bullying is now on its way to the governor.

 

House Bill 91, sponsored by Rep. Mike Cherry, D-Princeton, in its final form would require the state Department of Education to craft discipline guidelines. The bill would also require local school authorities to alert law enforcement when school harassment involves a potential felony. Yearly reports on school harassment would also be required to the Department of Education as well as the legislature.

 

A joint House-Senate conference committee crafted the final plan, which passed 34-2 in the Senate and 91-4 in the House.

 


 

9:41 p.m.

Booster seat bill on its way to governor

 

Young children who are too big for infant car seats would have to be placed in booster seats when riding in vehicles under a bill now on its way to becoming law.

 

The House passed Senate Bill 120, sponsored by Sen. Tom Buford, R-Nicholasville, by a vote of 88-8. The bill now goes to the governor for his signature.

 

SB 120 would require children under 7 years old and between 40-50 inches tall to be placed in booster seats when riding in a motor vehicle. Violators would be fined $30, but first-time offenders could show proof that they had bought a booster seat instead of paying the fine.

 

The fines would not be issued until July 1, 2009. Until then, violators would be issued courtesy warnings.

 

Current law only requires that infants and toddlers use car seats, with a $50 fine for non-compliance. Neither the current law nor SB 120 would require violators to pay court costs or additional fees.

 


 

9:39 p.m.

 

Waterways bill passes House

 

Legislation that would create watershed authorities to restore and improve streams around the Commonwealth is on its way to becoming law.

 

House Bill 717 , sponsored by House Majority Floor Leader Rocky Adkins, D-Sandy Hook, passed 95-0 and now goes to the governor for his signature.

 

HB 717 would allow the authorities to seek the permission of the U.S. Corps of Engineers to manage water quality and cleanup projects using the mitigation fees. It would also allow the state leverage money from other sources, prepare long-term work plans and conduct education programs.

 


 

5:15 p.m.

Senate approves mortgage reforms
 
A series of reforms aimed at heading off future mortgage problems unanimously passed the Senate today.
 
House Bill 552, sponsored by Rep. Tommy Thompson, D-Owensboro, would allow for a Homeownership Protection Center to help counsel those potentially facing foreclosure on their homes. The bill would also make it easier and less expensive for Kentuckians to refinance their homes to escape escalating interest rates, while also making the requirements for obtaining a high cost home loan more stringent.
 
The goal, Sen. Tom Buford said, is to make sure those who take out mortgages can afford them, avoiding future foreclosures.
 
To prevent unscrupulous mortgage brokers, their fees would be capped, containing the practice of "upselling" home buyers to more expensive mortgages.
 
The bill, which passed 36-0, now returns to the House for its concurrence in the Senate changes.

 

Top of Page

 


 

Tuesday, April 1, 2008

9:15 p.m.

 

House approves study of penal code

 

A review of the state penal code would be undertaken by a legislative subcommittee under legislation that passed the Kentucky House today.

 

Senate Joint Resolution 80, sponsored by Sen. Gerald Neal, D-Louisville, would require the legislative Interim Joint Committee on Judiciary to appoint a Penal Code Study Subcommittee, upon approval General Assembly leadership. The subcommittee would be responsible for thoroughly reviewing the state's penal code and finding ways to redraft and modernize it.

 

SJR 80 passed the House 90-4 and now goes to the governor for his signature.

 

There is "almost complete unanimity in both houses and both parties and the Executive Branch and the Judicial Branch that our penal code is due a good studying and looking over," said House Judiciary Committee Chair Kathy Stein, D-Lexington. "This resolution would allow for the Senate Judiciary and the House Judiciary committees to do a study of that and bring all players to the table.

 

The subcomittee's final report would have to be completed no later than Dec. 1, 2008.


 

9:13 p.m.

 

Felon voting rights bill goes to Senate

 

A bill that would give non-violent felons a chance to automatically have their voting rights restored passed the House today by an 80-14 vote.

 

Under House Bill 70, sponsored by Rep. Jesse Crenshaw, D-Lexington, a constitutional amendment would be placed on the next statewide general election ballot allowing voters to decide whether or not non-violent felons should have their voting rights automatically restored once they finish their sentence, complete probation or are discharged from parole. Felons convicted of intentional murder, first-degree manslaughter or sex crimes would still have to seek a pardon from the governor to have their voting rights reinstated.

 

Currently, all felons must seek a gubernatorial pardon to have their voting rights restored. Crenshaw said HB 70 will allow the voters to decide whether those rights should be automatically restored for non-violent felons.

 

"We are asking people to pay taxes, to do all of the things that other citizens do, and it's our opinion that once they've paid their debt to society they should be allowed to be full fledged citizens in terms of voting," said Crenshaw.

 

HB 70 co-sponsor Rep. Lonnie Napier, R-Lancaster, said he supports the legislation because "people deserve a second chance."

 

"When we give people the right to reconnect, the right to vote,  to become fully engaged citizens again, we will see lower crime rates," said Napier.

 

HB 70 now goes to the Senate for its consideration.


 

 9:11 p.m.

 

Universities encouraged to buy state's farm products

 

Kentucky public colleges and universities that buy agricultural products for food service and other uses would be encouraged to buy Kentucky farm products under a bill that is now on its way to becoming law.

 

The House voted 96-0 today to concur with Senate changes to House Bill 484, sponsored by Rep. Dwight Butler, R-Harned. Butler's original bill would have required schools that buy agricultural products to buy Kentucky products if they meet quality, price, and other requirements.

 


 

11:16 a.m.

 

House and Senate scheduled to convene at 4 p.m.

 

The start time for today's Kentucky Senate and House of Representatives sessions has been pushed back to 4 p.m.

 

Previously, the chambers were scheduled to go into session at 2 p.m.

 

Today's Legislative Calendar can be viewed by clicking here.

 

 

Top of Page

 


 

Monday, March 31, 2008

2:21 p.m.

 

Lawmakers not going into session today

 

The Kentucky Senate and House of Representatives will not go into session today. The 2008 Regular Session Calendar now calls for lawmakers to go into session on Tuesday, April 1, and Wednesday, April 2, before beginning their ten-day veto recess.

 

Both chambers are scheduled to convene tomorrow at 2 p.m.

 

A copy of the amended 2008 Regular Session Calendar can be viewed online at www.lrc.ky.gov/sch_vist/08RS_calendar.pdf.

 

Top of Page

 


 

Friday, March 28, 2008

3:55 p.m.

 

This week in Frankfort

 

To see a review of some of this week's action in the Kentucky General Assembly, click here.

 


 

3:53 p.m.

 

Motor fuel drive-off bill clears House

 

A bill that lawmakers hope would prevent fuel pump drive-offs by giving retailers a way to collect payment and fines for stolen fuel without going directly to court passed the Kentucky House 90-7 today.

 

House Majority Whip Rep. Rob Wilkey, who presented Senate Bill 136 on the House floor for sponsor Sen. Jack Westwood, R-Crescent Springs, said the bill will give retailers who would not ordinarily take a drive-off case to court an incentive to recoup unpaid fuel costs on their own.

 

SB 136 now returns to the Senate for consideration of House changes to the bill.

 

"From a practical standpoint, most retailers are not going to take the time and energy to go to court to collect $30, $40 or $50. That's the problem," said Wilkey. "This will give them some incentive to get people to pay for the fuel that they're stealing."

 

Under the bill, retailers would record the license number of the drive-off vehicle, send the vehicle owner a certified letter with photographic evidence of the drive-off and ask the person to pay the cost of the fuel and a $30 penalty, said Wilkey. If the person does not pay the price of the fuel and the $30 penalty within 30 days, then the case would go to court where the person would be liable for the price of the fuel and $30 penalty as well as a civil penalty in the amount of either the price of the fuel or $100, he said.

 

To read more, click here.

 

Top of Page

 


 

Thursday, March 27, 2008

6:50 p.m.

 

Senate approves tax rebates for military families

 

Tax rebates for military families highlighted Senate changes to a tax bill approved earlier by the House.

 

House Bill 262, sponsored by Rep. Jim Wayne, D-Louisville, was originally the vehicle for the House's tax plan, including a 25 cents per pack cigarette tax and taxes on a handful of services. As approved by the Senate, the original provisions were scrapped and tax cuts and incentives were inserted in their place.

 

The Senate plan would rebate all state income tax paid by active-duty military, including National Guard and Military Reserve troops. The bill would also create tax incentives to lure film productions to the commonwealth and enable a sales tax refund for the Eastern Kentucky Exposition Center in Pikeville.

 

The bill, which passed 33-0, now returns to the House for its concurrence.

 


 

5:05 p.m.

 

House approves extension of hepatitis shots

 

Legislation that would both require sixth-graders to continue receiving hepatitis B vaccinations and set up a tracking system for pharmaceutical drugs passed the House today.

 

Senate Bill 118, sponsored by Sen. Julie Denton, R-Louisville, passed the House 96-2 and now returns to the Senate for its approval of changes the House made to the bill.

 

The bill originally included only the vaccination extension, but was amended by the House Health and Welfare Committee to include the pharmaceutical provisions. Denton, who spoke on the bill before the committee last week, said drug tracking will prevent drugs from being tainted or substituted with placebos.

 

The vaccination extension removes provisions in current law that would end the vaccination requirement after the 2008-09 school year.

 

 

Top of Page

 


 

Wednesday, March 26, 2008

6:16 p.m.

 

Senate pushes colleges to be "Kentucky Proud"

 

State universities would be encouraged to buy Kentucky-grown food whenever possible under legislation passed by the Senate today.

 

House Bill 484, sponsored by Rep. Dwight Butler, R-Harned, promotes use of locally-grown produce and other food products by public postsecondary institutions. If colleges and universities use a vendor or food service, they would be required to use Kentucky-produced food if it meets quality, price, and other requirements.

 

The bill, with Senate changes, now returns to the House for its concurrence.

 


5:06 p.m.

 

 Breast, cervical coverage bill goes to governor

 

A bill that would free up Medicaid funds to provide breast and cervical cancer treatment for uninsured women received final passage today in the House.

 

Under Senate Bill 98, sponsored by Sen. Alice Forgy Kerr, R-Lexington, coverage through Medicaid would be available for treatment of the uninsured regardless of eligibility. Such coverage is already in place under executive order, but SB 98 would make the program statutory.

 

The bill will become immediately upon being signed by Governor Steve Beshear.

 


 

5:04 p.m.

 

Art therapy measure clears House

 

A bill that would provide better oversight of art therapists and art therapy applicants has passed the House.

 

House Bill 688, sponsored by Rep. Mary Lou Marzian, D-Louisville, passed on a 97-1 vote and now goes to the Senate for its consideration.

 

HB 688 would require art therapists to be licensed, except school counselors, job placement and employment professionals would be exempt from the licensing requirements.  It also spells out disciplinary and grievance procedures related to art therapists.

 

"In 1994, we passed legislation relating to the art therapists of this state, giving them certification, creating a board," Marzian said. "This is updating their art therapy practice act.  It grants licensure and it  revisits their board and some of their disciplinarian actions."

 


 

11:03 a.m.

 

House panel approves training fund for beekeepers

 

The House Agriculture and Small Business Committee approved legislation today that would establish a training fund to protect and promote Kentucky's beekeeping industry.

 

Supporters of Senate Bill 242 say the legislation is important to agriculture in Kentucky because of the role bee colonies play in pollinating crops. In Kentucky, there are thousands of beekeepers who are struggling to finance and support the industry, according to State Apiarist Phil Craft.

 

"This is a darn good bill to 'bee' for," said Sen. Carroll Gibson, R-Leitchfield, the sponsor of SB 242.

 

The bill will have no impact on the next budget cycle. Rather, the training fund will be set up to receive funds from individuals, organizations, and the federal government.

 

SB 242 now goes to the full House for consideration.

 

Top of Page

 


 

Monday, March 24, 2008

7:39 p.m.

 

Budget bill approved by Senate

 

A budget plan tighter than the House version passed the Senate on a 36-2 vote today, paving the way for a conference committee to work towards a compromise measure.

 

The Senate version of House Bill 406 included none of the revenue measures included in House Bill 262. "The budget we're proposing raises no taxes," said Senate Appropriations and Revenue Committee Chair Charlie Borders. "I think that's extremely important."

 

While the Senate would augment state coffers based on increased lottery revenue, savings from state worker retirements, and other efficiency measures, there are still several areas where the Senate cut spending from the House plan. Among the savings would be a $500 million bond issue to pay for roads included by the House plan but eliminated by the Senate.

 

As a result of the spending cuts, the Senate plan would result in the state's debt capacity being 6.27 percent of the budget. "In recent years, I don't ever remember the ratio being that small," said Borders, R-Russell. The governor's budget would have given a debt ratio of 6.34 percent, while the House plan included debt of 6.56 percent, Borders said.

 

While the governor's budget called for 12 percent cuts to higher education, the Senate was able to restore three-fourths of that funding, resulting in 3 percent reductions. At the same time, the Senate plan would call for full funding for KEES scholarships to make in-state colleges more affordable. Senators also approved $60 million in Bucks for Brains dollars for state universities, the same as the governor's plan but less than the House's $115 million plan.

 

Military service members would get a refund of their state income tax under the Senate plan.

 

To read more, click here.

 


 

7:35 p.m.

 

Waterways bill passes House

 

Legislation that would create watershed authorities to restore and improve streams around the Commonwealth passed the House today.

 

House Bill 717, sponsored by House Majority Floor Leader Rocky Adkins, D-Sandy Hook, passed 99-0 and now goes to the Senate for its consideration.

 

HB 717 would allow the authorities to seek the permission of the U.S. Corps of Engineers to manage water quality and cleanup projects using the mitigation fees.Šnbsp; It would also allow the state leverage money from other sources, prepare long-term work plans and conduct education programs.

 

"We hope this is a way to get those mitigation fees back into the area where the mitigation fees were paid," Adkins said.

 

Top of Page

 


 

Friday, March 21, 2008

12:08 p.m.

 

This week in Frankfort

 

To see a review of some of this week's action in the Kentucky General Assembly, click here.

 

Top of Page

 


 

Thursday, March 20, 2008

5:27 p.m.

 

ICARE expansion bill passes House, 96-0

 

Legislation that would expand a two-year state health insurance subsidy program that has helped over 280 Kentucky small businesses provide coverage to their employees passed the Kentucky House today.

 

House Bill 533, sponsored by Rep. Tommy Thompson, D-Owensboro, would make the state ICARE--or Insurance Coverage, Affordability and Relief to Small Employers--program permanent and expand eligibility for ICARE subsidies to businesses with two to 50 employees. It would also add an enriched plan for employees with high-cost health conditions and provide flat monthly subsidies to ICARE employers.

 

ICARE subsidies of $40 per employee for businesses that have not offered health coverage to their employees within the past 12 months or $60 per employee for businesses that must cover high-cost conditions now decline over time, according to Thompson, although funding for ICARE under HB 533 would be limited to available state funding.

 

The program expansion is expected to cost $6.7 million over the next two years.

 


 

5:24 p.m.

 

Payday lending bill clears House, 56-35

 

A bill that would increase regulation of payday lenders and reduce the amount of payday loan debt in the Commonwealth passed the House today by a vote of 56-35.

 

"Twenty five percent of the payday loans being made now are outside the realm of the law of the Commonwealth," said HB 500 sponsor Rep. Johnny Bell, D-Glasgow. "We have to have some way to oversee what's going on within this industry."

 

By creating a statewide database that would allow lenders to determine how many payday loans an individual has, the bill will prevent customers from assuming more than $500 in debt, Bell said. Customers would also be limited to borrowing no more than 30 percent of their gross monthly income, and would be required to wait until the next business day after they pay off one loan to take out another.

 

Debt savings would also come through another provision in HB 500 that would reduce the interest rate charged on payday loans.Currently, loans are obtained using both an "add-on method" and "discount method," with the add-on method charging the lower interest rate of 391 percent APR. That would be the only method allowed to be used in Kentucky should the bill pass.

 

Provisions that would outlaw non-licensed payday lenders and require that a repayment plan be offered to customers who rewrite a payday loan for the sixth time are also included.

 

Concerns about the proposed database drew comments from Rep. Ken Upchurch, R-Monticello, who said a small lender in his area told him she is afraid that the provision will put her out of business.

 

"She was afraid that this bill will put her out of business because of the cost of the database," said Upchurch, adding that the bill will hurt small "Mom and Pop" businesses.

 

"It's going to be an exorbitant amount of money taken from the operators' bottom line that will prohibit them from continuing to do business," said Upchurch.

 

But Bell said the purpose of the bill is to protect the consumers.

 

"We are trying to give someone a tool to enforce the laws already on the books," said Bell.Šnbsp; "Let's protect the consumers, the poor of this Commonwealth. That's who we're here to protect."

 


 

1:35 p.m.

 

The House Health and Welfare Committee today passed legislation that would allow uninsured women with certain types of cancer to receive treatment through Medicaid.

 

Senate Bill 98 "expands treatment of breast and cervical cancer for women under 35 who have been diagnosed with pre-cancerous or cancerous conditions," said Sen. Alice Forgy Kerr, R-Lexington, the bill's sponsor.

 

Such coverage already exists as a result of executive orders, but the bill would place the program into state law.

 

SB 98 now goes to the House for consideration.

 

Top of Page

 


 

Wednesday, March 19, 2008

5:53 p.m.

 

Tougher ethics law wins Senate approval

 

A proposal to tighten the state's ethics laws was passed by the Senate today.

 

House Bill 250, sponsored by Rep. Mike Cherry, D-Princeton, was changed in the Senate. After a 29-7 vote, with one pass vote, the measure now heads back to the House for its concurrence in the Senate changes.

 

Under the Senate plan, lobbyists and state contractors would be prohibited from contributing to executive branch campaigns. "Kentucky has one of the toughest legislative ethics laws in theŠnbsp; country," Sen. Damon Thayer, R-Georgetown, said. "This would make the executive branch live by the same tough ethics laws." Lobbyists would also be unable to give anything of value to public officials.

 

The Senate plan would also require the Secretary of State to submit a list to the Governor, from which he would select an appointee to the Executive Branch Ethics Commission. Under the House Plan, only the Auditor and Attorney General would submit appointee lists.

 

The plan also codifies some opinions of the Legislative Ethics Commission, particularly on conflicts on interest regarding voting on legislation.

 

Finally, the bill would require either ethics panel to dismiss a filed complaint if the person filing it made the accusation public.

 


 

5:50 p.m.

 

County consolidation measure heads to Senate

 

Legislation that would create a new procedure for two or more counties to voluntarily consolidate and reduce their operational costs passed the House 87-10 today.

 

House Bill 603, sponsored by Rep. Ted Edmonds, D-Beattyville, now goes to the Senate for its consideration.

 

Under HB 603,Šnbsp; two or more adjoining counties could voluntarily merge, or "consolidate", if more than 50 percent of the voters in those counties approve the merger by special election. The election, which would be paid for by the state, would be scheduled after one county initiates the consolidation process by petition or through county ordinance.

 

Edmonds said that the size of a county's population can significantly reduce local government costs. A county of 7,500 people currently pays around $480 per person annually in operational costs, he said, while that cost is nearly 50 percent less for a county of 23,000.

 

The state estimates that consolidated counties would save money in the long term under HB 603 by reducing their purchases of goods and services, retaining the option to sell or lease county buildings in the former county seats, eliminating the need for all but one fiscal court, reducing the number of elected officials, and consolidation of tax revenue.

 

Kentucky counties are able to consolidate now, although Edmonds explained they must follow an antiquated procedure from 1942 to do so.

 


 

5:49 p.m.

 

House approves measure to keep kids from tobacco

 

Those who buy or give cigarettes and other tobacco products to children would face steep fines under legislation passed today by the Kentucky House.

 

House Bill 474, sponsored by Rep. Joni Jenkins, D-Shively, would create a fine of $500 to $1,000 for providing tobacco products to those under age 18. The bill would also prohibit vending machines from being stocked with both tobacco and nontobacco products, except for matches.

 

HB 474 passed the House by a vote of 93-0 and now goes to the Senate for its consideration.

 

Top of Page

 


 

Tuesday, March 18, 2008

3:41 p.m.

 

ID theft measures pass House

 

A bill that would update the state's identify theft law to include Internet activities such as "phishing" and "spoofing" and allow victims to seek relief through Kentucky's circuit courts passed the House 97-0 today.

 

House Bill 553, sponsored by Rep. Robin Webb, D-Grayson, would make the crime of phishing--an online attempt to gain a person's financial information by imitating a legitimate business contact--a Class D felony that would carry 1 to five years in prison. Spoofing, or harassing someone online by using another's identity, would be a misdemeanor under the bill's broadening of the crime of harassing communications.

 

Kentucky would be the first state to institute the provisions regarding circuit courts. Those provisions would allow victims to seek a court's determination that they are an identity theft victim so they would be better able to work with financial institutions involved in the matter. Another provision would allow victims who were charged with a crime stemming from their identity theft but cleared of those charges to make a motion to the court that their identifying information be removed from certain records.

 

Rep. John Vincent, D-Ashland, who cosponsored the bill, said HB 553 adds to work that has already been done on the issue.

 

"We have to continually update the law to keep up with identity theft," said Vincent.

 

Other provisions would require law enforcement to take identity theft complaints when someone suspects their identity was used in the commission of a crime, allow those whose identities were used in the commission of crimes to file civil actions, provide that someone committing identity theft with a forged document--such as a forged check--could be charged with forgery, restrict business use of Social Security numbers and offer protection from security breaches.

 

A total of 5,400 Kentuckians have reported an average loss of $600 from identity theft, according to another HB 553 cosponsor, Rep. Jim Glenn, D-Owensboro. Nationwide, more than 8.3 million people have been victimized.

 


 

Military income tax exemptions clear House panel

 

Two bills that would exclude military pay from the state income tax passed the House Appropriations and Revenue Committee today.

 

House Bill 43, sponsored by Rep. Tim Moore, R-Elizabethtown, and House Bill 163, sponsored by Rep. John Tilley, D-Hopkinsville, now go to the full House for consideration.

 

Tilley said an income tax exemption would put about $1,000 a year in the pockets of rank-and-file active duty military, reservists and members of the National Guard. He called the exemption an incentive that would allow Kentucky to attract military families who might otherwise choose to locate in income-tax free states, such as Tennessee.

 

Tilley, who lives in the Ft. Campbell area, said a Chamber of Commerce study in his district revealed that the state could generate over $10 million over time if just 250 soldiers at the base moved their families across the border to Kentucky. Between 79 to 80 percent of the 31,000 soldiers serving at Ft. Campbell live in Tennessee, mostly because there is no state income tax there, he said.

 

House Bill 163 would offer the exemption beginning with the 2008 tax year, although Tilley told the committee he is willing to look at making the legislation retroactive to the 2007 tax year.

 

HB 43 already includes the retroactive exemption to 2007. That bill also limits exemptions for National Guard members to Kentucky National Guard (HB 163 would provide the exemption for Guard members who serve in or outside of the Commonwealth).

 

The exemption proposed by both bills is expected to cost the state up to $18 million a year, the committee was told, although Moore said "over the long haul, it is estimated that we would actually be revenue neutral in terms of getting folks to consider Kentucky their home."

 

Last month, the Senate approved Senate Bill 85, sponsored by Sen. Elizabeth Tori, R-Radcliff, to offer tax relief to members of the military through the creation of a $17 million tax rebate fund. The money would then be used for full rebates on taxes paid on military income, including active duty military members, reservists, and National Guard troops.

 


 

3:19 p.m.

 

Senate panel approves bill to boost beekeeping

 

The Senate Economic Development, Tourism and Labor Committee approved legislation today to create a training fund aimed at protecting and promoting the beekeeping industry in Kentucky.

 

"It's a great bill for agriculture and small businesses in beekeeping," said Sen. Carroll Gibson, R-Leitchfield, sponsor of Senate Bill 242.

 

A committee substitute was attached to the legislation to boost training opportunities for beekeepers, Gibson said.

 

"The committee substitute is requiring the Department of Agriculture to work with Kentucky State University to develop an ongoing training program," Gibson said.

 

The bill will have no impact on the next budget cycle, Gibson said. Rather, the training fund will be set up to receive donations from individuals, organizations, or money from the federal government.

 

The bill now goes to the full Senate for consideration.

 

Top of Page

 


 

Monday, March 17, 2008

6:11 p.m.

 

House passes school health bill