Wednesday, June 23, 2009 5:08 p.m.   Week in review   For a summary of some of this week's General Assembly action, click here.     4:30 p.m.   Session ends   The special legislative session that started on June 15 has come to a close. The House adjourned Sine Die at 3:25 p.m. and the Senate adjourned Sine Die at 3:40 p.m.     3:33 p.m.   Incentives, bridges bill sent to governor   Legislation is on its way to becoming law that would help Kentucky finance billions of dollars in construction of mega highway projects along with millions of dollars in incentives to expand business, tourism and give tax breaks to Kentucky’s military and car buyers.   House Bill 3, sponsored by Rep. Tommy Thompson, D-Owensboro, won final passage in the House by an 86-10 vote. The bill, which includes changes agreed upon by a committee of House and Senate conferees over the past couple days, passed the Senate by a 35-0 vote earlier today. It now goes the governor for his signature.   To read more, click here.     2:30 p.m.   Budget reduction plan headed to governor   A final plan to bring the state’s budget in line with expected revenues was passed today by both the House and the Senate, sending it to Gov. Steve Beshear for his signature.   The governor called a special session, which began June 15, after state economists projected   next year’s revenues to come in more than 5 percent under the previously approved budget’s expectations.   House Bill 4, written by a conference committee of lawmakers from both chambers, reconciled differences between the House and Senate’s budget plans and added language on certain economic development projects.   The budget agreement largely follows the original proposal put forth by Gov. Beshear, but changed some sections. While most executive branch agencies would be cut by 2.6 percent, K-12 SEEK funding, colleges and universities, and local jail funding will be kept constant. The state’s Medicaid program will also be fully funded, while the governor’s proposal to require state employees to forgo some holiday pay was removed. The judicial branch will send $22.6 million back to the treasury as its part in the budget reduction plan, while the legislative branch will send back more than $2.6 million.   The plan also increases funding to county attorneys, Commonwealth’s Attorneys, and public defenders, whose expenses are largely personnel-driven. County PVAs, another office whose spending goes mostly to salaries, are forbidden from being cut, while state parks received a boost of $4.9 million.   HB 4 now also includes language authorizing Jefferson Community and Technical College to purchase nearby land, the University of Kentucky to borrow $100 million to finish its medical center expansion, and UK to work with a private company to update other facilities, including its athletics campus.   Finally, the bill approves a 1,550 acre site in Hardin County to be used for a proposed advanced battery plant.   The bill passed 35-0 in the Senate and 97-0 in the House.   Top of Page       Mondary, June 22, 2009 8:25 p.m.   VLT legislation voted down in Senate committee   Legislation to allow video lottery terminals at horse racing tracks across Kentucky failed to clear a crucial hurdle Monday, losing a 10-5 Senate committee vote.   “All 138 members of the Legislature, without exception, want to help the horse industry,” said Sen. Charlie Borders, the Appropriations & Revenue Committee chair. “Regardless of House Bill 2’s success… this state legislature is determined to help the horse industry.”   The Senate on Friday passed its own plan, without slots, to aid the state’s horse industry as part of House Bill 3. The Senate changes to that bill, which also includes economic development incentives and a proposal to fund transportation megaprojects, were rejected by the House and could be studied by a conference committee.                                                                                                    In addition to allowing video slots, HB 2 would also have decreased the state’s motor vehicle tax and repealed the state income tax on active military pay.   Top of Page   7:28 p.m.   House budget bill passes 68-28   The Kentucky House today passed an amended version of the governor’s budget proposal that would authorize another 2.6 percent in state government cuts to help balance next fiscal year’s budget along with bonding authority to replace aging schools.   House Bill 1, sponsored by House Speaker Greg Stumbo, D-Prestonsburg, passed the House 68-28 and now goes to the Senate for its consideration during the special legislative session that began last week. Over $200 million in spending cuts would be authorized by HB 1 to help plug a nearly $1 billion shortfall for fiscal year 2010, beginning July 1. Most of the remaining shortfall would be filled with federal stimulus dollars.   In the area of spending, HB 1 includes over $680 million in bonding authority to replace aging and debilitated public K-12 schools, an additional $2.5 million for county and Commonwealth’s attorneys and another $1.7 million for the Department of Public Advocacy’s 2010 budget, an increase in per pupil school district funding to around $30 per student and bond authorization for higher education projects and equipment at community colleges. A transfer of around $37 million to cover dwindling funds for Medicaid family support services is also included.   House budget leaders have said funding for bond projects authorized by HB 1depends on revenue created by HB 2, the video lottery terminal, or “video slots”, bill that passed the House last week but was defeated by the Senate budget committee today.   Top of Page     Friday, June 19, 2009 6:58 p.m.   Week in review   For a summary of some of this week's General Assembly action, click here.       6: 15 p.m.   Senate approves special session items   The Senate approved legislation concerning the issues behind the governor’s call for a special session today.   Senate changes to House Bill 4 largely mirror the governor’s plan for budget reduction, including cuts to most state agencies but eliminating unpaid holidays for state employees called for by the governor.   The budget bill passed on a 33-0 vote, with one senator passing.   The Senate rolled plans for economic development incentives and transportation megaprojects, along with Senate President David Williams’ plan for aid to the state’s horse industry, into an omnibus substitute for House Bill 3.   The Senate economic development plan is substantially similar to the version passed by the House, which revised state programs to better help small businesses, high-tech businesses, and projects needing tax increment financing. The plan also includes targeted incentives to attract an advanced battery factory to Hardin County, a Sprint Cup race to Kentucky Speedway in Gallatin County, and Breeders’ Cup races to the state’s thoroughbred tracks.   House Bill 3 would also allow the creation of local authorities to plan transportation megaprojects on the order of $500 million or more. Such authorities would be subject to legislative ratification both in the scope and the funding model for their projects. “The General Assembly will not be micromanaging,” said Sen. Ernie Harris, R-Crestwood, but would exercise oversight as it does with other bonded projects across the state.   In addition, the plan authorizes a bi-state authority to allow Kentucky officials to work with Indiana officials concerning bridges across the Ohio River.   Finally, House Bill 3 includes a proposal to aid the state’s horse industry. Under the Senate-approved plan, lottery tickets would include a 10 percent surcharge, while tracks and off-track betting centers would pay a 1.5 surcharge for their simulcasting signals from Kentucky horse racing tracks. The money raised — projected at more than $85 million — would benefit purses at Kentucky racing tracks, horse breeders, local horse shows, and the state’s KEES scholarship programs.   “With the money that’s available… Kentucky will have the richest purses in America,” said Williams, R-Burkesville.   HB 3 passed 32-0, with one senator abstaining. Both bills now return to the House for its concurrence in the Senate changes.     4:27 p.m.   VLT bill passes House   The Kentucky House voted 52-45 today in favor of an expanded gaming bill that would allow the state’s racetracks to be licensed to operate video lottery terminals in hopes of boosting the horse industry and state programs like public education.   To read more, click here.   Top of Page     Thursday, June 18, 2009 4:26 p.m.   Gaming bill approved by House budget committee   An expanded gaming bill that would allow video lottery terminals at Kentucky racetracks cleared the House Appropriations and Revenue Committee today.   House Bill 2, sponsored by House Speaker Greg Stumbo, D-Prestonsburg, is projected to yield over $1 billion in state revenue over the next five fiscal years, including $194.3 million in fiscal year 2010. Initial licensing fees paid by tracks with VLTs would total $102 million per year over five years, Stumbo said.   The bill is designed to help the state’s ailing horse industry by funding breeder incentives and attracting more horse races through bigger purses, or race winnings. Planned uses for anticipated state revenue in HB 2 includes, but is not limited to, income tax relief for the military, income tax relief of $250 per person or $500 per couple from the state motor vehicle property tax, horse farming sales tax relief, a fund for treatment of problem gamblers, a tourism and infrastructure fund and billions of dollars for education.   Under HB 2, at least $143 million a year would go toward education to fund capital construction at public schools and state colleges and universities, educational technology and equipment, and increase state funding per student in school districts across the state. HB 2 now goes to the full House for its consideration.   Top of Page     Wednesday, June 17, 2009 3:55 p.m.   Economic development and mega-projects bills advance   The Kentucky House passed bills today that would create financing authorities for transportation mega-projects costing over half a billion dollars and create incentives to both keep and attract new jobs, and tourism, to the Commonwealth. To read more, click here.    Top of Page     10:28 a.m.   Bills moving in special session   The first bills to move through a legislative committee during the current special legislative session were approved by the House Appropriations and Revenue Committee yesterday and sent to the House for consideration.   The panel approved legislation that would help Kentucky finance mega-transportation projects, as well as a bill aimed at economic development. To read more, click here.   Top of Page     Friday, March 27, 2009 1:48 p.m,   Week in review   For a summary of some of this week's General Assembly action, click here.   Top of Page     Thursday, March 26, 2009 6:34 p.m.   General Assembly's 20009 session ends   The Kentucky General Assembly’s 2009 session gaveled to an end today, capping 29 days of legislative activity that included the passage of bills on school testing reform, drug screening and treatment for felony offenders, and tracking for payday lenders.   More than 700 bills were introduced in the two legislative chambers this year, including legislation to plug shortfalls in the state budget. Measures sent to the governor to be signed into law include the following:   CATS testing. Senate Bill 1 overhauls the state’s end-of-year school accountability exams, eliminating writing portfolios as well as arts and practical living exams. Those elements would be retained as school programs, however.   Drug diversion. SB 4 directs jail officials to screen certain drug abuse offenders as soon as they are booked. Judges can then order outpatient drug counseling, while serious addicts can volunteer for inpatient treatment. Those who complete a follow-up program and stay clean can have the felony wiped from their record.   Penal code. Senate Joint Resolution 12 continues a study of the state’s criminal laws, putting it under the jurisdiction of the legislature’s Interim Joint Committee on Judiciary.   Personal services. SB 22 requires home health agencies and other personal service businesses to conduct criminal background checks on their employees and bans anyone convicted of abuse, drug crimes, or sex crimes from being hired.   Flags. SB 33 requires all U.S. and Kentucky flags purchased by state and local governments to be made in the U.S.   ATVs. House Bill 53 requires all-terrain vehicles to be titled, just as motor vehicles are.   Oil and gas. SJR 67 directs a study of potential benefits from oil and gas exploration on state lands.   Local government pensions. HB 117 allows employers in the County Employees Retirement System to phase in their health care payments over 10 years, just as the state government does.   Budget revisions. HB 143 deals with state budget shortfalls with 4 percent cuts for most state agencies. The Medicaid program, corrections and SEEK funds for schools were protected from the cuts. Higher education received 2 percent cuts. The budget revision plan also uses some of the state’s “Rainy Day” funds to close the budget gap.   Revenue. HB 144 will generate additional revenue for the state by doubling the state’s tobacco tax, increasing the tax on cigarettes to 60 cents a pack, and extending the state’s 6 percent sales tax to retail alcohol sales.   Sex offenders. HB 315 bans convicted sex offenders from MySpace, Facebook, and other social networking sites where minors are allowed. It also requires them to register their e-mail addresses, screen names, and other online IDs with state authorities.   School days. HB 322 allows school districts to ask the Education Commissioner to waive 10 school days from the school calendar due to school closings caused by the winter ice storm and the windstorms caused by last fall’s Tropical Storm Ike.   Gasoline tax. HB 374 sets the current gas tax of 22.5 cents per gallon as the new base, rather than allowing it to fall with gas prices on April 1.   School athletes. HB 383 requires high school coaches to become certified in student safety. Beginning next school year, one certified coach must be present at every practice and game.   Payday lending. HB 444 sets up a database to enforce the state’s two loan/$500 maximum on payday loans. The bill also puts a 10-year moratorium on new payday lending stores.   Student loans. HB 480 mandates that when money is tight, the state restricts access to new loans by the Best in Class program, which forgives loans for teachers who enter the fields of math, science, and special education. Current teachers whose loans need forgiveness would have priority in the program, which will also add nurses and public-service attorneys to the program.   Top of Page     Friday, March 13, 2009 9:05 p.m.   Week in review   For a summary of some of this week's General Assembly action, click here.     8:15 p.m.   CATS reform passes, ready for governor   A comprehensive overhaul of the state’s system of student assessment is headed to the governor’s desk following final passage by the House and Senate today.   Senate Bill 1, sponsored by Sen. Ken Winters, R-Murray, and Senate President David Williams, R-Burkesville, would put emphasis on individual student test scores, allowing parents and teachers to evaluate their strengths and weaknesses and design a curriculum for their needs.   “We’ve established a new day in the education of our young people,” Winters declared.   Open-response questions will be removed from the state’s end-of-year student assessments in favor of a national norm-referenced test augmented by additional multiple-choice tests to cover the state’s core content. The focus on multiple-choice exams is designed to allow quicker feedback and allow changes to a student’s education plan the next school year.   Writing portfolios will no longer be used as part of the assessment program, beginning immediately, although they will be retained as a teaching tool in grades 5-12. Likewise, end-of-year tests in the arts and vocational skills would be eliminated beginning with next school year, although schools as a whole will be evaluated on their offerings in those areas, with a spotlight on performance-oriented courses.   As the state makes a transition to national norm-referenced tests, students will be required to complete Kentucky Core Content exams in math, reading, science, and social studies used for school and district accountability. They will also take survey norm-referenced exams to measure their individual readiness. When the new exam system is in place for the 2011-2012 school year, testing time will be cut in half to five days.   The compromise bill, worked on by a conference committee of House and Senate lawmakers, passed each chamber unanimously and now heads to the governor’s desk.     7:24 p.m. Senate approves gas tax preservation   The state would maintain its current gasoline tax of 22.5 cents per gallon under a plan headed to the governor’s desk.   House Bill 374, sponsored by Rep. Rick Rand, D-Bedford, sets 22.5 cents per gallon as the base. Under current law, the tax fluctuates with the wholesale price of gasoline. With the recent drop in prices, the tax was set to drop 4 cents on April 1.   The tax money goes into the road fund, with the money for the state’s road plan, also passed today, necessary to fund all the planned projects.   The bill, which passed the Senate 30-7, now awaits the governor’s signature.   Top of Page     Thursday, March 12, 2009 7:08 p.m.   Drug treatment plan approved, heads to governor   A proposal to treat arrested drug addicts before heading to trial won final passage today, sending it to the governor for his signature.   Senate Bill 4, co-sponsored by Senate Majority Floor Leader Dan Kelly, R-Springfield, and Senate Minority Floor Leader Ed Worley, D-Richmond, had earlier passed each chamber unanimously. With the Senate concurring in House changes today, the program is one step from becoming law.   “This is an outstanding piece of legislation,” Worley said. “It pays for itself.”   Under the plan, those charged with a felony would be screened for substance abuse problems before they appear at trial. At the judge's discretion, the offender could be ordered into an outpatient recovery program as a condition of bail. If they completed the pretrial diversion program and did not commit any other offenses, the charges could eventually be dropped and no felony listed on their record.   The state corrections system would also set aside at least 200 beds for an inpatient facility — similar in restrictions to a minimum security prison — for people who have been charged with a felony and have substance abuse issues. Prisoners in the program would voluntarily undergo intensive counseling for at least 90 days to make sure they can overcome their addictions. An aftercare plan would also be in place for each participant, including referral to a local substance abuse counselor, to make sure they stayed away from their vices upon leaving the facility.   The General Assembly provided funding for the program in the budget last year, Kelly said. He gave credit to state Justice and Public Safety Secretary J. Michael Brown with initiating parts of the program already, giving the state a head start in its implementation.   “There could soon be people across the commonwealth whose lives will be affected for the positive,” Kelly said.   7:05 p.m.   Payday lending, school day waiver bills head to governor   Bills that would create a database to enforce current limits on payday loans and allow the state’s schools chief to excuse school days missed due to recent natural disasters are on their way to becoming law.   House Bill 444, which cleared the House by a vote of 83-11, would require that a database be created by July 2010 to allow lenders to verify outstanding customer loans. The bill would also allow penalties for lenders that violate current per-customer loan limits, and prohibit new payday stores from opening between July 2009 and 2019.   The bill’s sponsor, Rep. Johnny Bell, D-Glasgow, said it would keep approximately 900,000 individuals out of the payday loan system. Bell said there are around 3 million payday loans signed each year in the Commonwealth.   Rep. David Watkins, D-Henderson, a supporter of the bill, encouraged its passage saying it would allow the state to “collect data that will allow us to get this system in place.”   HB 322, which passed 92-4, would allow school districts to request up to 10 “disaster days” be waived by the state once a district’s makeup days are used. The bill as passed would also allow schools to extend their instructional day by a half hour to prepare for statewide testing, and allow schools to lengthen instructional days to makeup days missed due to bad weather.   6:35 p.m.   Senate approves road plan, makes slight changes   More than $1 billion in road and bridge projects could soon begin across Kentucky following unanimous passage of the state’s transportation infrastructure plan by the Senate today.   The Senate made slight changes to House Bill 330, including technical corrections and transportation projects previously approved by the House in a different bill. The changes mean the House must now approve the new version of the road plan.   HB 330 covers the current biennium, which ends on June 30, 2010. “In this case, it’s basically a 15-month road plan,” said Sen. Ernie Harris, R-Crestwood, who chairs the Senate Transportation Committee. The Senate also unanimously approved the last four years of the six-year road plan by passing House Joint Resolution 105.   The plan includes more than $370 million in federal stimulus road money in addition to the state’s annual road spending. “The Transportation Cabinet gave us a list of projects, and the magic words were ‘shovel-ready,’” said Senate Democratic Floor Leader Ed Worley, D-Richmond.   Funding for the Louisville Bridges Project will be through GARVEE bonds, which pay for current projects through future federal appropriations.   Top of Page     Wednesday, March 11, 2009 8:38 p.m.   Substance abuse recovery proposal advances   Legislation to allow addicts and others to avoid lengthy sentences by successfully completing drug treatment has passed the House and been returned to the Senate.   Senate Bill 4, sponsored by Senate Majority Floor Leader Dan Kelly, R-Springfield, and Sen. Minority Floor Leader Ed Worley, D-Richmond, would require that local jails screen felony drug offenders when they are booked to determine what treatment, if any, is needed.  A judge could order outpatient treatment for offenders at their preliminary hearing, or more serious addicts or drug offenders could voluntarily enter a secure inpatient treatment facility operated by the Department of Corrections for 90 days to 6 months.   After a total of 18 months to 2 years of supervision, including time that may be spent in a halfway house or home incarceration, those who are treated in the minimum security facility could have their charges diverted or dismissed if treatment is successful.     The House amended the bill to ensure full representation by counsel, allow someone to petition the court to enter proposed treatment programs once fully advised by counsel, and allow more flexibility for defendants with mental health issues. Other House changes would allow a defendant to receive full or partial credit for time spent in treatment if he or she cannot complete a program due to “good cause”, such as a medical emergency, and allow treatment to be obtained from a secular or faith-based program.   SB 4 passed the House by a vote of 98-0.   8:35 p.m.   Chambers ironing out school assessment test reform bill   Major reforms that would do away with Kentucky’s Commonwealth Assessment Testing System, or CATS, school assessment test and transition to a shorter test with new standards in math, writing, humanities and other areas are now being ironed out between the House and Senate.   The House voted 97-0 today to pass an amended version of Senate Bill 1, sponsored by Sen. Ken Winters, R-Murray, and Senate President David Williams, R-Burkesville, that would replace the CATS test with a revised state test including narrower math questions, new testing standards for the arts and humanities, and some nationally-referenced questions. Writing portfolios would no longer be used as an assessment tool.   Since the Senate did not agree on at least some of the House changes to SB 1, select House and Senate members will now go into a conference committee to try to iron out differences on the bill.   Under House changes to SB 1, a new state test would be implemented in the 2011-2012 school year, giving schools and the Department of Education time to transition from CATS and work on new standards. In the meantime, schools would follow testing standards of the federal “No Child Left Behind” Act and discontinue use of writing portfolios for assessment.   Rep. Linda Belcher, D-Shepherdsville, who helped work on House changes to SB 1, said students will be tested this year during the last 14 days of this school year to give teachers more instructional time, with testing lasting no longer than five days. The test will include assessment of knowledge in math, writing, science and a new assessment subject--social studies.   “I have seen so many young individuals become fascinated (through) social studies with politics and government…and we feel like if we don’t add (social studies) we might lose that window of interest,” said Rep. John “Bam” Carney, R-Campbellsville, who also worked on House changes to SB 1.   Math standards for the new state test will be field-tested in 2010, with the initial math test given in 2011. By 2012, all testing components should be completed for a baseline run.   House Education Committee Chairman Rep. Carl Rollins, R-Midway, said the revised bill will allows students, teachers and schools to have a “smooth transition” to a new system, and give parents better knowledge of their child’s progress.     Top of Page     Tuesday, March 10, 2009 6:26 p.m.   Business incentive legislation clears House   Tax credits and incentives for Kentucky businesses, historic preservation, tourism and the state’s film industry passed the House by a 96-1 vote today.   “There’s much perception that our present set of (guidelines) is complicated,” said House Bill 229 sponsor Rep. Tommy Thompson, D-Owensboro. “This is package that has been vetted. It’s an investment in Kentucky’s future.”   HB 229 involves several different incentives, including a new program for reinvestment in existing manufacturing companies. The bill would make companies with expenditures of at least $2.5 million eligible for reinvestment incentives if they meet certain criteria, such as maintaining a certain percentage of full-time employees.   The bill would also allow software, web search portal and related companies with a minimum investment of $100 million to qualify for a new sales tax incentive to purchase communications systems, and create incentives for producers of films, TV programs, commercials, documentaries and Broadway touring companies that do business in Kentucky.   “We can carve out a niche for Kentucky…and create new jobs and new investment that we presently don’t have,” Thompson said.   HB 229 also would create a new economic development program to replace certain existing programs, such as the Kentucky Rural Economic Development Act, for manufacturing, agribusiness and certain other companies, clarify reporting requirements for state Tourism Development incentives and increase the state’s historic preservation tax credit cap from $3 million to $5 million.   Provisions were removed from the original bill that would have provided a tuition tax credit for employers that create at least five new full-time jobs through continuing education of employees.   HB 229 now goes to the Senate for its consideration.     4:40 p.m.   Database, moratorium on payday lenders passes Senate   A statewide database of payday lending transactions to ensure current laws are followed would be developed under a bill passed by the Senate today. House Bill 444, sponsored by Rep. Johnny Bell, D-Glasgow, would also forbid new payday lender licenses from being granted for 10 years.   The state current limits payday lending customers to two loans and a total of $500, but lenders have no way to verify that its customers are eligible for additional loans. The bill would create a database by July 1, 2010, that lenders could use to make sure they comply with current laws. The bill also gives the Department of Financial Institutions the ability to seek monetary penalties against businesses that violate the limit. DFI may only suspend or revoke licenses currently.   Because any lender’s customer information would be accessible to other pay lenders, through the database, a Senate change to the bill would forbid new stores from opening for the next 10 years, beginning July 1, 2009. “This levels the playing field and protects the little guy,” said Sen. Julie Denton, R-Louisville. Without a moratorium, she said, large lenders could move into areas and use customer information to lure them away.   The bill, which passed 32-6, now returns to the House for its concurrence.     Monday, March 9, 2009 7:49 p.m.   Senate signs off on school calendar waiver   School districts statewide would be eligible to drop ten days from their 2008-2009 calendar under a bill passed by the Senate today.   House Bill 322, sponsored by Rep. Mike Cherry, D-Princeton, would allow districts to petition the state’s Commissioner of Education for a waiver once all other makeup days have been used up. The commissioner would not be required to grant the request, but could waive up to ten days.   School districts across the state missed an unusually large number of days earlier in the school year because of Tropical Storm Ike and winter storms.   Under changes made by the Senate, schools could also extend the school day by 30 minutes. The change would allow schools that missed significant days to prepare for statewide assessments, amendment sponsor Sen. Walter Blevins, D-West Liberty, said.   School days could also be lengthened to make up for days shortened by bad weather earlier in the school year under an amendment sponsored by Sen. Ken Winters, R-Murray.   The bill, which passed 33-0, now heads back to the House for concurrence in the Senate changes.   7:35 p.m.     Bill to pay for "mega" road projects clears House       A bill that would create a state transportation infrastructure authority to finance “mega” road projects costing more than half a billion dollars and permit tolls and bond issues to pay for Kentucky’s share of the projects has passed the House.   House Bill 102, sponsored by Rep. Don Pasley, D-Winchester, passed the House by a vote of 67-23 today. Pasley said the bill would protect the state’s bond rating by segregating debt incurred to finance so-called mega-projects, such as the Louisville bridges project and the proposed I-69 Henderson bridge project. It would also protect the ailing state road fund, Pasley said.   “We have some $12 billion worth of projects classified as mega-projects (and) there is no way we can use our road fund to pay for these projects,” he said. Kentucky’s share of the estimated $4.1 billion Louisville bridges project between Kentucky and Indiana is around $3 billion, while the cost of the Henderson project is around $1.4 billion.   Local infrastructure authorities, which would be created by executive order of the governor, would be able to propose projects for evaluation and approval by the state, Pasley said. He added that agreements between states would be limited to Kentucky and Indiana in the bill.   “To move this bill forward, if we limit it to Indiana perhaps we can put aside regional feelings,” he said.   The House changed the bill to require that local infrastructure authorities have three members appointed by the governor and four members appointed by county judge executives or local government chief executives. Rep. Darryl Owens, D-Louisville, said he proposed the change to ensure that local control in the bill is truly local.   “If in fact the local people don’t want it, why should Big Brother tell them they need it?” he said of potential mega-projects built as a result of HB 102.   HB 102 now goes to the Senate for its consideration.     5:45 p.m.   House budget committee passes revised incentives bill   Economic development legislation that would provide enhanced or new tax credits and incentives for Kentucky businesses, historic preservation, tourism and the state’s film industry were reviewed and cleared by the House budget committee today.   It was the second time that the House Appropriations and Revenue Committee had cleared House Bill 229, sponsored by Rep. Tommy Thompson, D-Owensboro, which came back through the committee today after changes were made to an earlier version.   Thompson explained that the latest changes include a reduction from $10 million to $2.5 million in the amount of eligible expenditures that existing manufacturing companies must have to qualify for reinvestment incentives. The companies must maintain a certain percentage of its full-time employees to qualify.   “This is to … try to get this down to smaller companies that might need to retool to stay competitive,” and help retrain employees,” Thompson said. “In order to thrive and maintain their 50, 75 (or so) employees, they may need to retool.”   Another new provision would increase government oversight if land for a project is sold or if there are changes to a company’s lease.   “We want companies to know if they stop doing business in Kentucky, we want to know that immediately” and the incentives would cease, Thompson said.   New provisions would also reduce the minimum required investment from $200 million to $100 million for software companies, data processors, web portal businesses and related businesses that want to qualify for a new sales tax incentive on the purchase of communications systems, add reporting requirements for the state’s Tourism Development incentives and add Broadway tours to the list of companies eligible for film industry incentives proposed by the bill.   Provisions related to a tax credit for tuition at Louisville’s Metropolitan College- a joint venture between the state, Louisville Metro, public universities and UPS that educates eligible employees at Louisville’s UPS hub operations—were placed in another bill passed by the House last week, while no further changes were made to historic preservation tax credits in the bill.   HB 229 now goes before the full House for consideration.   Top of Page     Friday, March 6, 2009 3:30 p.m.   Week in review   For a summary of some of this week's General Assembly action, click here.     3:11 p.m.   Swimming pool drain safety bill advances   A bill that would require public pools in Kentucky to have drain covers or other improvements to prevent child accidents caused by drain suction passed the House 73-14 today.   Rep. Addia Wuchner, R-Burlington, the sponsor of House Bill 258, said the bill would ensure Kentucky is in compliance with federal swimming pool safety standards at its more than 4,000 public pools. Pools would be inspected by the state to determine whether they need a drain cover or a more expensive retrofit, she said. The bill would not apply to private pools, although federal requirements apply to both public and private pools.   “There are a lot of pools that are going to have to make changes to their drains” to prevent accidents, Wuchner said. Several accidents have been reported across the country involving children harmed by open pool drains in recent years, including a 2007 case in Minnesota where a six-year-old girl was partially disemboweled by sitting on an open drain.    House Majority Caucus Chairman Rep. Bob Damron, D-Nicholasville, expressed concern with the bill.   “Until we have more clarification, we could be putting something in statute that would cause pools to shut down,” Damron said. Wuchner said that the bill will allow the state to grant waivers to pools that are attempting to comply with federal law.   Many states have already passed pool safety laws to curb child accidents or deaths caused by drain suction.   HB 258 now goes to the Senate for its consideration.     3:05 p.m.   House passes $3.7 billion road fund package   The House today passed a $3.7 billion road fund package that would preserve $125 million in road fund revenues, add $400 million in bond funding and identify over $441 million in federal stimulus funds Kentucky is expected to receive for transportation projects.   Part of the package would freeze the current state gasoline tax rate of 22.5 cents, allowing the state to maintain four cents per gallon to pay debt service on the $400 million bond issue and provide millions of dollars in road projects to counties and cities. Legislative analysts say each penny is worth $32 million in revenue.   The freeze pegs the state gas tax to a wholesale price of $1.78 cents per gallon of gasoline instead of letting the tax fall as the wholesale price declines. Had lawmakers not passed the rate freeze, lawmakers said the state and local governments would have lost a total of $125 million in road dollars that have already been budgeted.   House Appropriations and Revenue Committee Chairman Rep. Rick Rand, D-Bedford, said the freeze is not a tax increase—since it is already being paid at the pump—but assurance that projects statewide will receive funding. Lawmakers have little say in how federal stimulus dollars for road projects will be spent, he said.   “Under this formula, local governments can receive up to 48 percent of this money—money they had planned on,” said Rand.   The gas revenue legislation passed the House by a vote of 82-17. Other bills passed as part of the road fund package were HB 536, the bond issue measure which passed by a vote of 97-2, and HB 330 which identifies expected federal stimulus dollars of around $441 million and road plan expenditures through fiscal year 2009. That measure passed by a vote of 94-3. All measures now go to the Senate for consideration.   A separate piece of legislation, House Joint Resolution 105 which passed 97-1, contains a list of projected state road projects for fiscal years 2010-2014. It has also been sent to the Senate.   Most vocal opposition to the road fund package dealt with the gas tax freeze. Rep. Stan Lee, R-Lexington, said freezing the rate “is government changing the rules of the game in the middle of the game” since current law allows the tax to decrease when the wholesale price falls. But former longtime House budget chairman Rep. Harry Moberly, D-Richmond, disagreed.   “What’s in the law now should not keep us from doing what we need to do,” Moberly said. “We ought to come here and change things that need to be changed.”       Top of Page     Thursday, March 5, 2009 6:45 p.m.   Early voting program clears House   An early voting pilot project that would allow voters in four counties to cast ballots several days before the fall 2010 election has passed the House by a 59-35 vote.   Current state law allows citizens to vote early only for excused reasons, such as planned surgeries or being out of the county on Election Day. Under House Bill 486, sponsored by Rep. Darryl Owens, D-Louisville, voters in the four pilot counties would have up to 10 to 12 days to cast early “no excuse” ballots that the voter would not have to explain.   “I think this is a bill that would encourage participation in our democracy, and make it as accessible for voters as possible,” said Owens, adding that the program would assess whether early voting is feasible and more convenient.   Counties that participate in the program under HB 486 would do so voluntarily, but would be selected for the program by the State Board of Elections. The bill specifies, however, that one of the four counties must contain a first-class city, second-class city, or either Lexington or Louisville.   Today, at least 32 states have some form of early voting.   HB 486 now goes to the Senate for consideration.     4:41 p.m.   Senate moves to change filing deadline, primary date   Kentucky’s primary elections — and candidates’ filing deadlines for them — would be pushed back three months under legislation approved by the Senate today.   Senate Bill 124, sponsored by Senate President David Williams, R-Burkesville, would move primary elections to early August from their current date in late May. The filing deadline would also be moved from the last Tuesday in January to the last Tuesday in April.   “This will shorten the election season… which people will probably be appreciative of,” said Sen. Robert Stivers, R-Manchester. Stivers also noted that the filing deadline would fall after the end of the legislative session.   The bill, which passed 25-10 with 2 “pass” votes, now heads to the House for its consideration.     12:35 p.m.   Oil and gas drilling bill clears House panel   State and university lands could be leased for oil and gas exploration under a bill that cleared the House Natural Resources and Environment Committee today.   Senate Bill 138, sponsored by Sen. Tom Jensen, R-London, would require the state to implement regulations governing oil and gas drilling on state and university lands and under navigable waters, with leasing fees and royalties returned to the agencies. SB 138 would work in conjunction with Senate Joint Resolution 67, another measure Jensen filed this session that would direct the Kentucky Geological Survey to inventory which state and university lands have pockets of oil and gas.   Jensen told the committee that SB 138 would increase agency revenues and even create jobs.   “In our economic downturn when we are searching for funds, I was trying to make everything available--from what kind of revenue we might be able to generate—instead of just looking at tax reductions and tax increases and cuts,” said Jensen. “This would produce additional severance taxes for the state,” and could increase the number of people working in the oil and gas industry in Kentucky, he said.   Rep. Robin Webb, D-Grayson, said she would like the bill to include a total prohibition of drilling on lands that are home to endangered species or otherwise “deemed unsuitable.”  She also doubted whether revenues from drilling should be returned to state agencies without legislative oversight.   “I think we need to provide some safeguards,” Webb said.   Jensen said environmental concerns would be government regulated.   Kentucky Resources Council director Tom FitzGerald also commented on the bill. FitzGerald said that although he knows Jensen would “never put state owned lands where oil and gas development is incompatible,” he felt SB 138 is premature.   “Some (of these lands) have a tremendous amount of sensitivity to them, and some have a tremendous amount of expectation,” said FitzGerald. He said it should be determined whether certain oil and gas resources need to be developed before the program in SB 138 is established.   SB 138 now goes to the full House for review.     Top of Page     Wednesday, March 4, 2009 5:27 p.m.   KEES money for home schoolers approved by Senate   Home-schooled students would be eligible for KEES money under legislation passed by the Senate today.   Senate Bill 180, sponsored by Sen. Charlie Borders, R-Russell, would allow students who get at least a 19 on the ACT to receive college scholarship money from the Kentucky Educational Excellence Scholarship fund. While students in a public or private school receive money based on both their grade point average and test scores, a home-schooled student’s entire award would be based on their ACT score, with a sliding scale from a 19 equating to a 2.5 GPA to a 34 and above equal to a 4.0 GAP award. The plan is not totally fair to home-schooled students, Borders said, “but this is still better than the current system.”   Under the bill, students who spend part of their high school years in a public or private school would have that part of the KEES award based on their school achievement.   The KEES award based on test scores would cover only the first year of college, Borders said. The final three years would use the student’s first-year college GPA as a substitute for the high school GPA. “Some of our brightest and most talented students are the products of home schools,” he explained.   The bill, which passed 25-12, now moves to the House for its consideration.   5:25 p.m.   Bill to prevent hiring of illegal immigrants passes House   Contractors and subcontractors for government projects in Kentucky would have to verify that their workers are in the country legally under a bill that passed the House today.   House Bill 441, sponsored by Rep. Rick Nelson, D-Middlesboro, would require companies that contract with local government agencies to ensure and certify that they are using only documented workers, according to co-sponsor Rep. Bob Damron, D-Nicholasville. Companies that employ illegal immigrants would be ineligible for government contracts for up to 5 years.   The bill “clarifies that each individual employer will be responsible for their own actions,” said Damron.   The original bill would have required government entities to use an electronic employment verification program to ensure no illegal immigrants are hired, but concerns with the program led the House to remove the requirement and require only that existing federal I-9 forms be used to verify immigration status.   Federal law already requires each employer in the U.S. to complete a Form I-9 for their employees, including citizens and noncitizens.   Other changes made to the bill by the House would hold general contractors harmless for a subcontractor’s violation of the bill’s provisions.   HB 441 passed 87-7 and now goes to the Senate for its consideration.       2:44 p.m.   Substance abuse recovery bill clears House panel   A Senate bill that would allow addicts and others to avoid lengthy sentences by successfully completing drug treatment passed the House Judiciary Committee today.   Senate Bill 4, sponsored by Senate Majority Floor Leader Dan Kelly, R-Springfield, and Sen. Minority Floor Leader Ed Worley, D-Richmond, would require that local jails screen felony drug offenders when they are booked to determine what treatment, if any, is needed.  A judge could order outpatient treatment for offenders at their preliminary hearing, or more serious addicts or drug offenders could voluntarily enter a secure inpatient treatment facility operated by the Department of Corrections for 90 days to 6 months.   After 18 months to 2 years in another supervised setting like a halfway house or home incarceration, Kelly said those who are treated in the minimum security facility could have their charges diverted or dismissed if treatment is successful.   “So this legislation requires that (drug offenders) get onto some sort of treatment track and demonstrate to the court that they are making some sort of success at treatment…before we start them down that diversion track so their chances of staying out of prison will be enhanced,” he added.   Incarceration of drug offenders accounts for about 80 percent of Kentucky’s prison population, Kelly said. He said the state now houses around 22,000 prisoners at a cost of approximately a half billion dollars per year.   Some changes were made to SB 4 before it was cleared by the House panel. Those changes included adding language aimed at helping ensure full representation by counsel, enabling an individual who fails to provide certain privileged information to petition the court to enter proposed treatment programs once fully advised by counsel, and allowing more flexibility for defendants with mental health issues.   “(Offenders) may not need treatment to really be available for diversion, so we want to give the court flexibility, and ensure due process,” said Rep. Robin Webb, D-Grayson, a member of the committee who worked on the bill changes.   Webb said the changes would also allow a defendant to receive full or partial credit for time spent in treatment if he or she cannot complete a program due to “good cause.” An example of good cause, she said, would be if a meth addict had to leave a drug treatment program to seek medical attention for kidney failure after completing several months of drug treatment.   “That individual should have a good faith credit for that,” she said.   SB 4 now goes to the full House for its consideration.   Top of Page     Tuesday, March 3, 2009 5:20 p.m.   TIF project preferences for Ky. businesses advance   A bill passed the House today that would require developers of tax increment financing (TIF) projects involving the state to subcontract with Kentucky businesses or purchase their products when available.   House Bill 543, sponsored by Rep. Ruth Ann Palumbo, D-Lexington, passed the House unanimously. Under the bill, Kentucky businesses or products sold by Kentucky businesses would receive preference over nonresident competitors on TIF projects whenever possible. Such projects are paid for in part by government bonds, which are then repaid through tax revenues generated by the project.   Palumbo said the bill should be called the “Buy in Kentucky” act.   “If a project receives the benefit of Kentucky tax incentives, Kentucky businesses should be used when available,” she said.   HB 543 now goes to the Senate for consideration.   Top of Page     Monday, March 2, 2009 7:35 p.m.   High school athlete protection bill passes House   The House voted 97-0 today to require that high school athletic coaches be certified in CPR and the use of heart resuscitators.   House Bill 383, sponsored by Rep. Joni Jenkins, D-Shively, is designed to prevent tragic deaths like that of Max Gilpin, a football player for Louisville’s Pleasant Ridge Park High School who died last August after collapsing in extreme heat during practice. Under HB 383, players like Gilpin would have better access to medical care when needed during play or practice.   Bill co-sponsor and former coach and football player Rep. Derrick Graham, D-Frankfort, said if he were still coaching, he would want automated external defibrillators (AEDs )available for his players.   “We are now able to start initiation of a program in which every child ought to be protected,” Graham said.   The bill would also require local school boards find funding for AEDs at each school site, or request that local emergency medical services attend high school athletic competitions if no funding for AEDs is available.   Language was deleted from the bill that would have mandated schools have ice pools available at every practice or activity if the temperature is 94 degrees or above. HB 383 now goes to the Senate.       7:35   House approves payday loan bill   A bill that would help the state gather information which could lead to stricter regulation of payday lending in Kentucky has passed the House.   House Bill 444, sponsored by Rep. Johnny Bell, D-Glasgow, passed 93-2 and now goes to the Senate for review. If passed into law, the bill would require the state to create a database that would help lenders determine how many outstanding payday loans--or “deferred deposit transactions”--a person has.   Current law now limits customers to two payday loans that total $500 or less.   The bill also specifies that lenders must be licensed.     6:49 p.m.   Abortion, nude dancing bills clear Senate   Bills to clarify abortion mandates and ban nude dancing each passed the Senate today.   Senate Bill 79, sponsored by Sens. Elizabeth Tori, R-Radcliff, and Jack Westwood, R-Crescent Spring, would require that the counseling and information given to a woman 24 hours before an abortion be done in person, rather than over the phone as is currently allowed. The legislation would also require that doctors show the patient a sonogram of the fetus, although the woman could look away if she chose. Abortion clinics already use sonograms, Tori said, so “Senate Bill 79 simply requires they turn the monitor around and explain the nature of the fetus.” The bill passed 33-4.   Senate Bill 42, sponsored by Sen. Julie Denton, R-Louisville, would ban nude dancing and restrict topless dancing to a stage 18 inches tall and 6 feet away from any customer. A dancer violating the law, as well as a business operator allowing such conduct, would face a Class A misdemeanor of sexual misconduct but would not be considered a sex offender. The bill passed 35-2.   Both bills now move to the House for its consideration.   Top of Page     Friday, February 27, 2009 2:15 a.m.   This week in Frankfort   To read a review of some of this week's action in the Kentucky General Assembly, click here.     11:45 a.m.   Oil, gas leasing on state land moves forward   State land could be leased for oil and gas exploration if a bill passed by the Senate today become law.   Senate Bill 138, sponsored by Sen. Tom Jensen, R-London, would allow state agencies and universities to lease their property for drilling. Any leasing fees or royalties would go back to the agencies for their own use, and the process would make sure that the state receives a fair price for the mineral rights, Jensen said.   The state’s scenic beauty and other concerns would come into play, Jensen said. “The state will have a higher standard than normal,” he stated. “We’ll consider the aesthetic effects. We’ll consider the safety of citizens when they’re on state lands.” Regulations in the bill require any lease to be in the “best interest of the Commonwealth” and maintain environmental quality of the land.   Many other states already allow such leases, and federal land in Kentucky is already eligible, Jensen said. “The University of Kentucky is currently drilling on property in another state that it has an interest in,” he noted.   The bill, which passed 36-0, now moves to the House for its consideration.     Top of Page   Thursday, February 26, 2009 5:10 p.m.   House approves bill to allow alcohol at state parks   Legislation to allow state resort parks and recreational areas to sell alcohol by the drink passed the House today by a vote of 54-35.   House Bill 308, sponsored by House Speaker Pro Tem Larry Clark, D-Okolona, would allow state resort parks and recreational areas to be licensed to sell beer, wine and liquor in wet counties that already allow alcohol sales, and would allow dry counties that do not permit alcohol sales to hold a local option election on approving sales at state parks and recreational facilities if they so desire. The bill now goes to the Senate for its consideration.   “Kentucky has invested over $100 million in our state parks over the last 12 years,” Clark said. “Much of this investment includes the development of several golf courses… HB 308 takes a reasonable step in promoting further development at state parks by authorizing the sale of alcohol by the drink in the dining room and at the golf course.”   There are 20 state resort parks or recreational areas in dry counties that would require a local option election to sell alcohol at the state facilities, Clark said. The six parks located in wet areas would be able to buy a license from the state and sell alcohol upon enactment of the bill.   Some studies indicate state revenues could increase by $2.8 million to $3.9 million annually if state parks and golf courses had the ability to serve alcohol.   “HB 308 respects community standards because it allows the people of that community to decide whether a park in their area should sell drinks,” Clark said. He also said it is a good economic development tool because it will likely bring more tourists to Kentucky.     8:03 a.m.   House OKs bill to waive makeup of school “disaster days”   A bill that would allow the state to excuse school districts from making up certain days missed because of Tropical Storm Ike last year and the snow and ice storm of 2009 passed the House 92-6 yesterday.   House Bill 322, sponsored by Rep. Mike Cherry, D-Princeton, was amended by the House to permit, rather than require, the state education commissioner to excuse up to 10 “disaster days” from school districts calendars in counties identified as federal disaster areas at the local school board’s request. The original bill would have required a waiver from the commissioner, who would also be allowed to waive up to 10 disaster days in districts that are not designated federal disaster areas.   The House also amended the bill to require school districts to use allotted makeup days in their 2008-09 school calendar before requesting any disaster days be waived.   “It’s an amendment that the Kentucky School Board Association, KEA, Superintendents’ Association, etc. who I’ve been dealing with all agree with,” Cherry said.   HB 322 now goes to the Senate for its consideration.   Some schools districts missed over 20 days because of the recent disasters, Kentucky School Board Association official David Baird told the House Education Committee last week. Some districts have missed at least 26 days.   The bill would also require teachers and classified employees to make up any approved disaster days missed so that no one loses their pay, Cherry said.   The legislation now goes to the Senate for consideration.   Top of Page     Wednesday, February 25, 2009 4:33 p.m.   Senate passes 527 regulations   Outside interest groups that advocate for candidates or issues during elections would be required to register with the state and file campaign finance reports under a bill approved by the Senate today.   Senate Bill 53, sponsored by Sen. Damon Thayer, R-Georgetown, would regulate 527s, so named for the section of federal law dealing with them. Under the bill, they would follow the same reporting requirements as candidates for statewide office. The bill would apply to any 527 dealing with any candidate or issue in the state, including constitutional amendments, but would not include 527s dealing with federal candidates or issues.   The bill, which passed 34-3, now moves to the House for its consideration.     2:46 p.m.   Ethics bill takes first step   Broad-ranging ethics legislation was approved today by the Senate State & Local Government Committee.   “Senate Bill 2 is a significant reform of Kentucky’s executive branch ethics laws,” said Sen. Damon Thayer, R-Georgetown, the bill’s sponsor. Among other things, he said, the bill “seeks to end the ‘pay to play’ culture” by forbidding state contracts with any business that contributes more than $500 to any statewide candidate, state political party, or county party in the last 18 months. Individuals would be prohibited from giving more than $50 if they wanted a state contract.   SB 2 also enforces tougher public disclosure by lobbyists and prohibits state officers from lobbying related to their old job for two years after they leave state government. The current restriction is six months.   The bill also spreads appointment authority to the Executive Branch Ethics Commission. While the governor would make the first appointment, the next three would be selected from a list provided by the Attorney General, Secretary of State, and Auditor, respectively.   The bill also mandates disclosure for the governor’s use of the state airplane and the Governor’s Mansion.   The bill, which passed 10-0, now moves to the full Senate for its consideration.     2:32 p.m.   House Banking panel approves payday loan bill   Legislation similar to a bill passed by the House last spring which would more strictly regulate so-called payday lending in Kentucky passed the House Banking and Insurance committee today.   House Bill 444, sponsored by Rep. Johnny Bell, D-Glasgow, would require the state to create a database allowing payday lenders to verify that a customer has no more than two payday loans totaling up to $500 at one time. Current law now limits customers to two payday loans that total $500 or less.   Lenders would be able to verify if a customer has outstanding loans that equal or exceed $500 via the state database, when operational, or their own database, the bill states. The bill also specifies that lenders must be licensed.   HB 444 now goes to the full House for its consideration.   Rep. Jody Richards, D-Bowling Green, commended Bell for his work on the payday lending issue over the past year.   “(He) has worked very, very hard on this bill for at least a year,” said Richards. “We all recognize that this is a problem and he has tried to address it in the best fashion possible, and I believe he has done that.”     12:24 p.m.   Senate panel OKs state leases for oil, gas   State-controlled lands could be leased for oil and gas exploration under legislation approved this morning by the Senate Natural Resources and Energy Committee.   Senate Bill 138, sponsored by Sens. Tom Jensen, R-London, and Robert Stivers, R-Manchester, would allow the state to lease mineral rights on its publicly owned lands, including university-owned property. The state would in turn receive royalties on the resources extracted, which would then be returned to the state agencies whose lands are being used.   “Drilling is going on in Kentucky already, on federal lands,” Jensen said. “Many other states already offer this option.”   The bill also provides some protections to make sure the state is fairly compensated and that land is protected as much as possible. “There’s a pretty good concern for the environment and how we’re going to care for that,” Jensen said.   Companion legislation approved earlier by the committee, Senate Joint Resolution 67, directs the Department for Energy Development and Independence to work with the Kentucky Geological Survey to research the state’s untapped resources.   Both pieces of legislation, which passed 10-0, now move to the full Senate for its consideration.   Top of Page     Tuesday, February 24, 2009 4:48 p.m.   Breastfeeding bill passes House 94-0   A 2006 law that makes it illegal to interfere with a mother who is breast feeding in public or private places would be strengthened by fines in a bill passed today by the House.   House Bill 214, sponsored by Rep. Kelly Flood, D-Lexington, would subject those who break the law to a $500 fine for a first offense and $1,000 fine for each subsequent violation. Flood introduced the bill after discovering that at least two women were interfered with while breast feeding at Kentucky restaurants.   “The problem is there are no teeth in the law,” said Flood. “The problem is there is no penalty for violating it.”   HB 214 passed 94-0 and now goes to the Senate for its consideration.   Flood said that Kentucky ranks 49th nationally in the percentage of children who are breast fed, even though breast feeding has many health benefits for children and mothers.   “Breast feeding lowers a woman’s risk of ovarian and breast cancer, and it helps children by increasing the percentage of antibodies in their system, which fights against allergies, infections and disease,” Flood said.   Testimony on the bill in committee explained that the penalty could apply to a business or individual.     3:59 p.m.   Statewide campaign e-filing wins Senate approval   Candidates for statewide constitutional office would file campaign finance records electronically under a bill passed by the Senate today.   Senate Bill 62, sponsored by Sen. Damon Thayer, R-Georgetown, would mandate e-filing for any candidate who raises $25,000 or more. The bill would apply to candidates for governor, lieutenant governor, attorney general, secretary of state, treasurer, auditor, and agriculture commissioner.   “The major purpose of this bill is to increase transparency and accountability to the campaign fundraising process,” Thayer said.   The bill, which passed 38-0, now moves to the House for its consideration.     1:58 p.m.   Senate panel approves autism mandates for insurers   All health insurance plans in Kentucky would cover autism spectrum disorders under a bill approved today by the Senate Health and Welfare Committee.   Senate Bill 74, sponsored by Sen. Ray Jones, D-Pikeville, would require any health plan written in Kentucky to cover the diagnosis and treatment of autism spectrum disorders. The bill would also prohibit plans from dropping coverage of any person family because of an autism diagnosis.   “It’s estimated that 1 out of every 150 children born in the United States will have autism,” Jones said. “However, with proper treatment and therapy, they can overcome autism and lead healthy and productive lives.”   The bill now goes to the full Senate for its consideration.     11:55 a.m.   Textbook cost-cutting bill passes House committee   Legislation to help contain the rising cost of college textbooks in Kentucky passed the House Education Committee today.   House Bill 226, sponsored by House Education Committee Chairman Carl Rollins, D-Midway, would require publishers to notify faculty of content changes between editions and require public colleges and universities to inform students of textbook options. Books and materials can be purchased online or even rented, Rollins said, giving students and faculty an alternative to bookstore purchases.   “The bookstore is not the only option. They can buy textbooks online, and they can rent textbooks now. There are all kinds of electronic textbooks and we need to make sure that we make all of our students aware of the many options to reduce costs,” Rollins said.   The bill would also require ethics guidelines be set for selection of textbooks by faculty, Rollins said.   “I think there have been some instances outside of Kentucky where there have been some abuses, and we want to make sure that doesn’t happen here,” he said.   The legislation also would require publishers that sell textbooks with supplemental material in a bundle to make the items available to purchase separately.   Rep. Bill Farmer, R-Lexington, expressed concern about how the bill would affect updated textbook information.   “When the publishers publish a new edition to a book, they quit selling the old edition. At some point in time, the (old) edition is not going to be available,” said Farmer. Rollins responded that the bill would not require faculty to use an older textbook, but would instead provide more options.   “This doesn’t mandate that a professor has to use an old edition or a new one. We just want the professors—when they select their textbooks—to be aware of what the changes are so that they could…select to stay with the old edition,” said Rollins. “It just requires them to be given information about differences in content.”   Rep. Rick Nelson, D-Middlesboro, who has filed bills in past sessions to contain textbook costs, supported the bill.   “I’ve also heard from many students who are tired of paying $150 for a science book, so I’m going to listen to them and vote yes,” Nelson said.   Top of Page   Monday, February 23, 2009 6:54 p.m.   Kentucky Access, military bills approved by House consent   Two bills that had cleared House committees earlier this session were among several bills that the House passed collectively by a single “consent” vote today.   One of the bills was HB 54, sponsored by House Majority Caucus Chairman Bob Damron, D-Nicholasville, which would allow Kentucky residents not eligible for care under another group health plan to participate in the state high risk health pool called Kentucky Access. The state pool was created nine years ago to provide health coverage for individuals with costly medical conditions.   The other measure, HB 39 sponsored by House Minority Whip David Floyd, R-Bardstown, would offer full driving privileges to enlisted 18 year olds who are unable to finish the intermediate license phase of Kentucky’s graduated driver’s license law before deployment.   The House consent orders—a list of bills that are passed as a group by a majority yay or nay vote rather than individually—have not been used by the House in recent history but were approved for use by House leadership early this session. Although bills on the consent orders are passed collectively, individual members can file votes opposing bills on the calendar.   Two sets of consent orders containing dozens of bills passed the House today, as well as a set of regular orders on which individual votes were taken.     9:36 a.m.   2009 session to resume   The General Assembly’s 2009 session resumes today when the Senate and House convene at 4 p.m.   Today is the last day for House members to file bills for consideration in this year’s session. The final day for the introduction of Senate bills was Feb. 13.   Top of Page     Wednesday, February 18, 2009 12:55 p.m.   House committee approves food bank legislation   Legislation that would allow Kentucky farmers and vendors to receive payment from a state fund for providing surplus produce to Kentucky’s food banks passed the House Agriculture and Small Business Committee today.   House Bill 344 “deals with feeding hungry people. It deals with utilizing some products that quite often are wasted,” said bill sponsor and the committee’s chairman, Rep. Tom McKee, D-Cynthiana. “This provides a framework—a beginning—to take these surpluses or culled vegetables and feed people.”   HB 344 now goes to the House floor for a vote.   Agricultural commodities collected through the proposed state Department of Agriculture program would be distributed to food banks that serve all 120 counties. The food banks serve over 300,000 Kentuckians a year, said Marian Guinn, CEO of God’s Pantry Food Bank based in Lexington, but a recent 30 percent increase in demand for food bank services means more food is needed.   “We  just really see this as a great opportunity to assist farmers in allowing them to recoup cost on a product that they don’t have a market for and, at the same time, get really nutrient rich foods into the hands of the people in need,” Guinn said.   In response to a question by Rep. Brad Montell, R-Shelbyville, about where money will come from to pay farmers and vendors or reimburse certain other costs, McKee explained that actual funding would not be available this session and would have to come later.   “This is just a framework to provide a repository within the state Department of Agriculture for such a fund, and it will come from there when we get the money.”   When the program is operational, Rep. Mike Denham, D-Maysville, explained that guidelines should not be so strict that they prohibit a growing number of needy individuals and families from participating. Guinn had told the committee that very specific guidelines for food distribution are used when federal commodities are involved.   “I would encourage you to be as lenient in these hard financial times as possible,” Denham said.   8:45 a.m.   Panel votes to excuse schools from making up missed days   A bill that would require the state to excuse school districts from having to make up certain days missed because of Tropical Storm Ike last year and the snow and ice storm of 2009 cleared the House Education Committee yesterday with some reservation.   House Bill 322, sponsored by Rep. Mike Cherry, D-Princeton, as written would require the state education commissioner to excuse up to 10 “disaster days” from school districts calendars in counties identified as federal disaster areas at the local school board’s request. It would allow the commissioner to excuse up to 10 disaster days in districts that are not designated federal disaster areas. Some lawmakers felt, however, that the commissioner should be allowed--not required--to excuse districts from making up disaster days period.   “Why don’t you say you can get up to 10 days?” asked Rep. Harry Moberly, D-Richmond. “Just because you are in a disaster area doesn’t mean you need all those days…if we agree that the most important thing is for our kids to get as much education as possible.”   When the bill came to a vote on whether or not to send it to the full House for consideration, many lawmakers echoed Moberly’s concerns. Still, a majority of the committee voted for the bill to get it to the House floor with the condition that some provisions be amended later.   Some schools districts missed over 20 days because of the recent disasters, said Kentucky School Board Association official David Baird. Rep. Ted Edmonds, D-Beattyville, said his county of Breathitt has missed 26 days.   Cherry said he would work on changes to the bill before it is brought to a floor vote in the House.   Top of Page   Tuesday, February 17, 2009 3:30 p.m.   Adult care, abortion bills pass Senate committee   Legislation to protect adults who require care and a bill to enforce one-on-one informed consent for abortion providers were approved today by the Senate Veterans, Military Affairs, and Public Protection Committee.   Senate Bill 128, sponsored by Sen. Perry Clark, D-Louisville, would prohibit anyone charged with abuse, neglect or exploitation of an adult from working for any facility licensed or certified by the Cabinet for Health and Family Services. The cabinet would maintain a registry of every person charged with such actions, but all appeals would be exhausted before a person could be added.   Senate Bill 79, sponsored by Sen. Elizabeth Tori, R-Radcliff, Sen. Jack Westwood, R-Crestview Hills, and Senate President Pro Tempore Katie Kratz Stine, R-Southgate, would require any abortion provider to provide face-to-face counseling and show the patient an ultrasound of the fetus. The woman would be allowed to look away, but the clinic would be required to provide the images for review. Failure to provide the ultrasound for review would result in a fine of up to $100,000 in the first case or $250,000 in subsequent cases, in addition to action by the Kentucky Board of Medical Licensure.   Both bills now head to the full Senate for its consideration.     Top of Page     Monday, February 16, 2009 1:45 p.m.   Legislative session resumes Feb. 23   Due to changes that legislative leaders approved to the 2009 legislative calendar earlier this month, the Senate and House won’t convene this week, though some committee meetings will be held. The Senate and House will resume the 2009 legislative session on Monday, Feb. 23.   By saving the official “legislative days” that were originally scheduled for this week, lawmakers will be able to extend the end date of the current legislative session three days beyond what was originally planned. The current adjournment date for the 2009 session is March 27.   A copy of the 2009 legislative calendar can be viewed here.   Top of Page     Friday, February 13, 2009 2:30 p.m.   This week in Frankfort   To read a review of some of this week's action in the Kentucky General Assembly, click here.     2:00 p.m.    Bill to expedite arrest warrants passes House   Legislation that would reduce a backlog of thousands of arrest warrants in Kentucky by creating a statewide system to process the warrants electronically passed the House today by a vote of 96-0.   House Bill 138, sponsored by Rep. Joni Jenkins, D-Shively, would require law enforcement officers at agencies statewide to submit requests for warrants over the Internet to district judges for their approval. The electronic system would allow warrants to be processed at any time, supporters say. Currently, most law enforcement agencies use paper warrants that can take days to process.   Rep. Alecia Webb-Edgington, R-Ft. Wright, who is the former director of the Kentucky Office of Homeland Security and a co-sponsor of HB 138, said the bill will improve safety for all Kentuckians.   “It allows warrants to be submitted immediately…and allows for 8,300 police officers in the Commonwealth of Kentucky to be looking for that individual,” rather than local law enforcement only, Webb-Edgington said. An electronic warrant system is already in place in Metro Louisville and four other counties.   HB 138 now goes to the Senate for its consideration.     1:10 p.m.   Budget, tax plan sent to governor   A package to cut state spending and increase revenue to address a $456 million deficit narrowly passed the Senate this morning, sending it to Gov. Beshear’s desk for his signature at a 1 p.m. event.   House Bill 144, the tax portion of the plan, passed 24-12 vote, one more vote than constitutionally necessary. HB 143, concerning the revenue cuts, passed 35-1.   “People on both sides of this issue understand the dire circumstances we’re in,” said Senate President David Williams, R-Burkesville.   To read more, click here.   Top of Page     Thursday, February 12, 2009 6:12 p.m.   Felon voting rights bill clears House   A proposed state constitutional amendment that would allow most of Kentucky’s convicted felons to have their voting rights automatically restored after they finish their prison sentences, probation or parole was approved today by the House.     Should House Bill 70, sponsored by Rep. Jesse Crenshaw, D-Lexington,  pass into law this session, Kentuckians would vote on a constitutional amendment on whether most felons should have their voting rights restored once they complete probation, receive discharge from parole or finish the maximum time of their sentence.   Currently, all felons have to petition the governor for a pardon to have their voting rights restored.   The amendment question would be placed on the 2010 general election ballot for voter consideration should HB 70 be enacted. The bill passed the House 83-14 and now goes to the Senate for its review.   While the amendment would restore the voting rights of most Kentucky felons if passed, it would not allow automatic restoration of voting rights for those convicted of intentional murder, child sexual abuse or sodomy. Those persons would have to continue to petition the governor for the right to vote as they do today.      6:10 p.m.   House approves limits on cell phone use by teen drivers   Legislation that would ban the use of cell phones or other personal communication devices in Kentucky by those under the age of 18 while they are driving a motor vehicle passed the House by a vote of 69-25 today.   House Bill 46, sponsored by Rep. Rick Nelson, D-Middlesboro, would explicitly prohibit text messaging while driving, according to the bill.  Teens with a driver’s permit or intermediate license who violate the proposed law would have to wait at least another 180 additional days before obtaining a regular operator’s license.   House members amended the bill to exempt teen drivers from penalties if they use cell phones or other personal communications devices to contact emergency help or to contact others while their vehicle is idle or at a complete stop. The amendment would also exclude GPS (global positioning systems) or in-vehicle security and diagnostic systems, such as On Star, from the bill’s provisions.   HB 46 now goes to the Senate for its consideration.         6:05 p.m.   Nuclear energy, inmate recidivism bills pass in Senate   Legislation to loosen state restrictions on new nuclear energy plants as well as a bill to put prison inmates to work were among those passed by the Senate today.   Senate Bill 13, sponsored by Sen. Bob Leeper, I-Paducah, would require nuclear facilities to have a plan for waste storage before they are allowed to build in Kentucky. Currently, they are required to have a plan for permanent disposal, and no such site exists. Forty other states allow for waste storage, putting Kentucky at a disadvantage, Leeper said. The bill passed 29-6.   Senate Bill 26, sponsored by Sen. Robert Stivers, R-Manchester, would create a program to allow private industries to operate within the walls of a prison using inmate labor. Inmates who volunteer for the program would be paid normal wages, which could then be used to pay restitution, child support, victims’ compensation, and the cost of their own incarceration. The plan is similar to that of 38 other states, Stivers said. The bill passed 36-0.   The Senate also approved legislation to require U.S. and Kentucky flags purchased by public institutions to be made in the U.S. SB 33, sponsored by Sen. Gary Tapp, R-Waddy, passed on a 35-0 vote.   The bills now move to the House for its consideration.     1:35 p.m.   Expanded gaming bill passes House committee   An expanded gaming bill that supporters say could bring in around $100 million per year in state license fees over the next five years, on top of hundreds of millions of dollars in revenue in future years from expanded gaming itself, passed the House Licensing and Occupations Committee today.   HB 158, sponsored by House Speaker Greg Stumbo, D-Prestonsburg, was amended by the committee to include multi-million dollar license fees for video lottery terminal (VLT) facilities located at 7 of the state’s 8 race tracks, ranging from $25 million for Thunder Ridge in Prestonsburg to $125 million for Turfway Park in Florence.  Keeneland and The Red Mile in Lexington would share a facility for a fee of $100 million.   House Speaker Pro Tem Larry Clark, D-Okolona, who assisted with the legislation, said race tracks could pay the fee over five years if necessary. Tracks would have paid a fee of $25,000 each under the original bill.   “The (facilities) that generate the most would pay the most, and the ones that generate the least would pay the least,” Clark said, describing the new fee structure.   The bill also outlines the state’s share of VLT revenue and how that money will be spent. The state’s share of VLT dollars will offset the bill’s elimination of the state motor vehicle and motorboat property tax, plus offset a tax exemption included in the bill for horse farmers and a state income tax exemption in the bill for military pay. Specific dollar amounts would go to create a regional fund for tourism and infrastructure development for activities and projects within 30 miles of approved tracks and provide funding for drug and alcohol rehab and county jail assistance, among other needs.   11:09 a.m.   Budget plan clears Senate committee   A plan to tackle the state’s $456 million deficit is one step closer to passage.   House Bills 143 and 144, which address spending cuts and revenue increases, respectively, were approved by the Senate Appropriations and Revenue Committee this morning. Both bills now head to the Senate floor, where a full vote is expected on Friday.   House Bill 143 reduces most state government agencies’ budgets by 4 percent. Colleges and universities will see budget cuts by 2 percent, while some areas — Medicaid, mental health services, corrections, and P-12 schools’ per-pupil SEEK funding — were exempted from the cuts.   HB 144, meanwhile, doubles the tax on tobacco products, setting the cigarette tax at 60 cents a pack. Alcoholic beverages would also fall under the state’s 6 percent sales tax. Currently, drinks are taxed only at the wholesale level. The new tax rates would take effect on April 1.   Other measures to address budget shortfalls would be made through fund transfers, moving money from where it is not currently needed to higher priorities.   “At this point, we have the leanest state government we’ve had in about 20 years,” Gov. Steve Beshear told lawmakers in urging passage of the twin bills. “We cannot responsibly cut our way out of this problem.”   Committee chair Sen. Charlie Borders, R-Russell, said all possible cuts were considered, but more revenue was necessary. “Once you cut 400-and-some million dollars, it’s not a pretty picture,” he said.   Wednesday, February 11, 2009 6:17 p.m.   House passes tax, budget bills   A budget reduction package that would reduce the state’s current $456 million shortfall by combining over $150 million in new tobacco and alcohol tax revenue with state spending cuts, budget transfers and use of budget reserve “rainy day” funds passed the House today.   The tax provisions in House Bill 144, sponsored by House Speaker Greg Stumbo, D-Prestonsburg, were approved by the House by a 66-34 vote. The measure needed at least 60 votes to pass since the current legislative session is not considered a regular budget session, held in even years. Other budget modifications aimed at helping the state eliminate the rest of the shortfall were included in HB 143, also sponsored by Stumbo, which passed by a 77-23 vote.   Both bills now go to the Senate, where a vote on the legislation is expected on Friday. The bills are expected to pass and could take effect soon since both include an emergency clause that would allow them to take effect immediately upon becoming law.   Revenue from HB 144 would come from raising taxes from 30 cents to 60 cents on each pack of cigarettes sold in Kentucky, doubling excise taxes on chewing tobacco and snuff, and a 6 percent sales tax on package alcohol sales.  HB 143 would authorize the governor to make a one-time transfer of up to $50 million from the state employees’ health trust fund if actuarially sound, give the governor authority to make necessary spending cuts among state agencies and authorize cuts of up to 4 percent in the legislative and judicial branches.   In addition, House budget committee Chairman Rep. Rick Rand, D-Bedford, said HB 143 would allow the state to use up to $219 million from its estimated $226.1 million in rainy day funds this fiscal year to fill the budget hole, although he added those monies could be replenished next year by revenues from HB 144.   Rand also said that HB 143 includes a list of programs and services that lawmakers specify should be “held harmless”—or not lose funding—as part of their budget reduction plan. That list includes teacher’s retirement, Medicaid, SEEK per pupil funds for school districts, mental health services and corrections, among others.   Although Rand acknowledged that the state’s worsening budget crisis could be helped with funds the state could receive from a federal stimulus bill now before Congress, he said action on the revenue and budget measures passed by the House today could not wait.   “The consequences of not acting are severe,” said Rand. “Let me assure you, without this revenue, the budget situation is dire.”   Lawmakers who opposed the measures did so for various reasons.  Rep. Stan Lee, R-Lexington, who voted against both bills, said the state “cannot tax ourselves into prosperity” and wondered whether more tax increase proposals would be forthcoming. Rep. Scott Brinkman, R-Louisville, was concerned HB 144 would hurt Kentucky industries.   “I care about the public sector, but I also care about the private sector, and I care about jobs in the private sector,” said Brinkman.   Rep. Harry Moberly, D-Richmond, who supported the bills, described them as “stop gap” measures to alleviate the state’s financial worries.   “It’s crystal clear as we vote on these two bills,” he said. “If (the bills) don’t pass, areas could be cut.”     2:38 p.m.   House panel votes for alcohol at resort parks   A bill that would allow state resort parks and recreational areas to sell alcohol by the drink in an effort to increase state tourism passed the House Licensing and Occupations Committee today.   House Bill 308, sponsored by House Speaker Pro Tem Larry Clark, D-Okolona, would allow state resort parks and recreational areas to be licensed to sell beer, wine and liquor in so-called “wet” counties that already allow alcohol sales, and would allow “dry” counties that do not permit alcohol sales to hold a local option election on approving sales at state parks and recreational facilities if they so desire.   The bill now goes to the full House for a vote.   “HB 308 takes a responsible next step in furthering development at state parks by authorizing the sale of beer, liquor and wine by the drink in dining rooms and golf courses,” Clark told the committee. Over $100 million has already been invested in many state park and golf course facilities statewide over the past several years, he said.   Many state parks and recreational areas that would benefit from  HB 308 are located  in dry counties, said Clark, adding that 20 state parks and recreational areas would require a local option election to sell alcohol. Should those facilities and others in wet counties be allowed to sell alcohol by the drink, state Parks Commissioner Gerry van der Meer explained the payoff  could be substantial.   “We certainly believe that (HB 308) will increase our revenues but more importantly it will increase our occupancies (at state hotel facilities),” said van der Meer, adding that some corporations and associations that hold meeting receptions would be more likely to meet at state park facilities if alcohol sales were allowed.   Some studies indicate state revenues could increase by $2.8 million if state parks and golf courses had the ability to serve alcohol, he said.    In response to a question by Rep. Ron Crimm, R-Louisville, van der Meer said the state would guard against allowing underage workers at state facilities to serve alcohol by following state guidelines.   “And,” he added, “in many resorts, they have college kids (working there) but they don’t let them serve alcohol unless they are of a certain age.”   Top of Page     Tuesday, February 10, 2009 4:39 p.m.   Senate approves testing reforms, early graduation program   Broad changes to the state’s system of student testing and a program to allow motivated students to graduate high school in three years were both approved by the Senate today.   Senate Bill 1, sponsored by Sen. Ken Winters, R-Murray, and Senate President David Williams, R-Burkesville, would remove open-response questions from the state’s end-of-year student assessments in favor of a national norm-referenced test augmented by additional multiple-choice tests to cover the state’s core content.   Winters noted that focusing on multiple-choice questions would allow parents and teachers to receive feedback more quickly and immediately adjust to individual students’ learning needs. “The CATS test as we know it now provides very little information on students,” he said, because school accountability is the major focus. Open-response questions are also subject to the judgment of those grading the answers, rather than very clear answers on multiple-choice exams.   Kentucky students could also be compared to students in other states and nations, said Senate Majority Floor Leader Dan Kelly, R-Springfield.   Under SB 1, writing portfolios would no longer be part of the assessment program, but would be retained as a teaching tool in grades 5-12. Likewise, end-of-year tests in the arts and vocational skills would be eliminated. Instead, schools’ programs would be evaluated to make sure students were able to pursue those courses effectively.   To read more, click here.   1:44 p.m.   House panel approves budget, tax measures   The House budget committee approved a tax bill today that would help plug a $456 million hole in the state budget this fiscal year with over $150 million in new revenue.   The revenue created by House Bill 144, sponsored by House Speaker Greg Stumbo, D-Prestonsburg, now goes to the full House where it is expected to be voted on tomorrow. At least 60 House members will have to approve the tax measure before it can be sent to the Senate for consideration.   Projected new revenue from HB 144 would come from two sources: an increase in tobacco taxes, which would raise the state tax on each pack of cigarettes by 30 cents to 60 cents and double the taxes on chewing tobacco and snuff, and a 6 percent sales tax on package alcohol sales at liquor stores and groceries.  The bill would not increase taxes on alcohol at the wholesale level, according to House Appropriations and Revenue Committee Chairman Rep. Rick Rand, D-Bedford.   A budget modification bill, House Bill 143 sponsored by Speaker Stumbo, was also passed by the committee and goes to the full House tomorrow. Rand explained that HB 143 would help cover the rest of the shortfall without the use of coal severance or tobacco settlement funds and without state employee furloughs. It would instead authorize the governor to make a one-time transfer of up to $50 million from the state employee health trust fund if actuarially sound, give the governor authority to make necessary spending cuts among state agencies, authorize cuts of up to 4 percent in the legislative and judicial branches and allow the state to use up to $219 million from its reserves this fiscal year to fill the budget hole. To read more, click here.     1:18 p.m.   Senate panel approves revisions to CATS testing   Major reforms to how students and schools are assessed each year were approved by the Senate Education Committee today.   Senate Bill 1, sponsored by Sen. Ken Winters, R-Murray, and Senate President David Williams, R-Burkesville, would eliminate the open-response portions of the CATS statewide assessments. Teachers and parents would also have access to student-level information to help judge strengths and weaknesses, allowing them to address any deficiencies immediately.   While writing portfolios would remain in grades 5-12, they would not be used as part of the accountability system. Arts and humanities along with practical living and vocational studies would no longer be tested, but schools would be evaluated on their course offerings instead.   Students would be tested during the last seven days of the school year, with no more than five days devoted to the tests.   Winters noted that there was an urgency to get the bill to the House before the end of the week so various stakeholders could work on a final version during the weeklong recess of the General Assembly next week. “This is not the final stage,” said Senate Majority Floor Leader Dan Kelly, R-Springfield.   The bill now heads to the full Senate for its consideration.   Top of Page   Friday, February 6, 2009 1:05 p.m.   This week in Frankfort   To read a review of some of this week's action in the Kentucky General Assembly, click here.     12:45 p.m.   Legislative leaders amend 2009 session calendar   Kentucky Senate and House leaders today approved changes to the calendar for the General Assembly’s 2009 legislative session. The session is now scheduled to conclude on March 27, three days later than previously planned.   In addition to observing the Feb. 16 Presidents’ Day holiday by not convening that day, the General Assembly will also not be in session on Feb. 17, 18, 19 and 20, according to the amended calendar.   The veto recess – the period of time during which lawmakers return to their home districts to wait for potential gubernatorial vetoes – will be held from March 14 to March 25. After the recess, lawmakers will return to the Capitol on March 26 and 27 for the final days of the session.   A copy of the new 2009 legislative calendar can be viewed here.       8:16 a.m.   Senate approves drug diversion program   FRANKFORT — Arrested drug addicts could be treated for their problem before heading to trial — and potentially head off a lengthy prison sentence — under a plan passed yesterday by the Senate.   Senate Bill 4, sponsored by Senate Majority Floor Leader Dan Kelly, R-Springfield, and Senate Minority Floor Leader Ed Worley, D-Richmond, would require local jails to screen felony offenders when they are first booked. Those with drug problems could be required by a judge to seek outpatient addiction treatment and counseling as a condition for bail.   Kelly said that without treatment, many if not most offenders will be arrested again before their trial, leading to a lengthier sentence.   More serious addicts could voluntarily enter a secure facility, much like a minimum-security prison, for three months to a year to get the help they need. Follow-up supervision would be a crucial component of both programs, Kelly said. If the offenders stayed clean, they could have the felony charge wiped from their record, allowing them to lead a normal life and hold a steady job.   “This provisions of Senate Bill 4 are a smart way to deal with this problem,” Kelly said. He noted that of Kentucky’s 22,000 prisoners, around 5,000 are in jail simply for drug possession, while 80 percent of all prisoners are in for some drug-related offense.   To read more, click here.   Top of Page     Thursday, February 5, 2009 4:45 p.m.   House panel approves retirement bill   A bill that would give counties, public schools and hundreds of cities five more years to meet a required phase-in of fully funded employer contributions to the state retirement systems passed the House State Government today.   A fiscal impact statement prepared for House Bill 117, sponsored by Rep. Mike Cherry, D-Princeton, says the legislation would reduce payments local governments and schools would have to make to the County Employees Retirement System (CERS) in the short term by more than $100 million, but would require the employers to pay an additional $120 million over the next 20 years.   Currently, the employers are expected to fully fund their contributions by 2012 based on a five-year phase in contribution schedule approved by the state retirement systems. CERS is now in the second year of the schedule.    HB 117 now goes to the full House for a vote.   Local government advocate groups, such as the Kentucky League of Cities and Kentucky Association of Counties, support the bill even though actuaries say it will cost employers more in the future. Even so, according to the fiscal impact statement, the groups “believe they will better be able to increase employer contributions in later years—particularly given the current economy.”   Lawmakers shared different views on the bill in committee. One opinion was from Rep. Danny Ford, R-Mt. Vernon, who said it appears that HB 117 would only save local governments about 1.4 percent annually by extending the phase-in to 10 years.   “I’m just wondering if…we’re just extending something that could be paid in a lot shorter period,” said Ford. “But of course I realize the cities and counties need help.”   Rep. Jim Wayne, D-Louisville, asked what the cost to local governments and school boards would be of HB 117.   “There’s no savings, this is costly. It’s postponing things,” said Wayne, adding that the fiscal impact statement says the 10-year phase-in is not actuarially recommended.   Finance and Administration Cabinet Secretary Jonathan Miller said the good news about the bill is it will not ramp up contribution payments for several years, giving time for the current fiscal crisis to pass.   Top of Page     Wednesday, February 4, 2009 2:08 p.m.   House panel considers licensing bill for troops   Enlisted 18 year olds who are not able to complete the intermediate license phase of the Kentucky graduated driver’s license law before deployment could receive full driving privileges under a bill that passed a House committee today.   “(House Bill 39) says if you are 18 and have completed other requirements, you are eligible for an operator’s license,” said House Minority Whip David Floyd, R-Bardstown, who introduced the legislation. Floyd said the bill will ensure that 18-year-old troops can drive tanks and trucks legally while on military duty and clarifies that they are eligible to legally drive in Kentucky when they return home.   “You might have some circuit clerk say that you can be 21 years of age and never have been eligible for a full operator’s license,” Floyd said. He added that the bill does not waive driver training required by statute.   HB 39 was approved by the House Seniors, Military Affairs and Public Safety Committee and now goes to the full House for a vote. Committee Chair Rep. Tanya Pullin, D-South Shore, explained that the bill is necessary to correct a problem in the law affecting young military men and women.   “Each year we think we have taken care of what might possibly happen, and each year something happens to some good deployed soldier/sailor/airmen to show we have missed something,” Pullin said. “That’s exactly what happened, and we are pleased to correct this.”   Kentucky’s graduated driver’s licensing law, passed in 2006, requires drivers with permits to complete a 180-day Intermediate License phase before applying for a full driver’s license, unless the driver receives their permit at age 18 or older.     12:57 p.m.   Senate panel approves potential for nuclear energy   Kentucky could compete for nuclear energy facilities in the future under a bill approved this morning by the Senate Natural Resources and Energy Committee.   Senate Bill 13, sponsored by Sen. Bob Leeper, I-Paducah, would allow the Public Service Commission to approve a nuclear plant if there was a plan for the storage of waste. Under current state law, a permanent storage facility must exist in the U.S. before the state can allow such a plant, and no such storage facility is in place while Congress examines the Yucca Mountain facility in Nevada.    “This bill would put Kentucky on equal footing with some 40 other states, who have fewer restrictions,” Leeper said. At least 10 potential plants are looking for sites now, he said, and 104 plants already exist in 31 other states.   The bill was approved 7-1, and now heads to the full Senate for its consideration.   11:22 a.m.   State of the Commonwealth tonight   A joint session of the Senate and House of Representatives will convene in the House chamber at 7 p.m. for lawmakers to hear Gov. Steve Beshear’s State of the Commonwealth Address.   The speech will be broadcast live to a statewide audience on Kentucky Educational Television.   Top of Page   Tuesday, February 3, 2009 4:59 p.m.   Senate calls for changes in math standards   More focused math standards are needed to help Kentucky students learn key concepts in depth, the Senate said in unanimously approving its first piece of legislation in the 2009 legislative session.   Senate Joint Resolution 19, sponsored by Senate Majority Floor Leader Dan Kelly,  R-Springfield, and Sen. Ken Winters, R-Murray, directs the Department of Education to revise its standards and the state tests that measure them in time for the next school year. The new standards would be based on a plan approved by the National Council of Teachers of Mathematics, which stresses a few core concepts at each grade level rather than the current system of many subjects that Kelly said leaves teachers unable to reinforce the most important knowledge.   The resolution, which passed 32-0, now heads to the House for its consideration.   12:38 p.m.   Keeping in touch with lawmakers   Now that the General Assembly’s 2009 session is gearing back up, keep in mind that there are a number of ways citizens across the state can stay in touch with the legislative process.   People who want to give lawmakers feedback on issues under consideration can do so by calling the Legislative Message Line at (800) 372-7181. People who prefer to offer feedback in Spanish can call the General Assembly's Spanish Line at (866) 840-6574. Anyone with a hearing impairment can use the TTY Message Line at (800) 896-0305.   A taped message containing information on the daily schedule for legislative committee meetings is available by calling the Legislative Calendar Line at (800) 633-9650.   Information on the status of each bill lawmakers are considering will be available on the Bill Status Line, (866) 840-2835.   Citizens can write to any legislator by sending a letter with a lawmaker's name on it to: Legislative Offices, 701 Capital Ave., Frankfort, KY 40601.   As always, citizens are also welcome to come to Capitol for legislative committee meetings or to watch Senate or House chamber proceedings.   8:14 a.m.   2009 session reconvenes   Part II of the General Assembly’s 2009 session begins today. The House is scheduled to go into session at noon and the Senate convenes at 4 p.m.   Top of Page   Tuesday, Jan. 21, 2009 4:34 p.m.   House committee looks at gaming bill   Members of the House Licensing and Occupations Committee today reviewed legislation that would allow video lottery terminals at horse racing tracks.   House Bill 158 sponsor House Speaker Greg Stumbo, D-Prestonsburg, told the House Licensing and Occupations Committee that his office determined during his recent term as Kentucky Attorney General that the state Constitution would not have to be amended by the public to allow video lottery terminals (VLTs) at racetracks with wagering as proposed in the bill.  The only constitutional prohibition he found on gaming as Attorney General was against state-run lotteries, which Kentucky voters approved by constitutional amendment in 1988.   “…It’s clear from the evidence that the delegates to our constitutional convention did not intend, in any way, form or fashion, to prohibit other forms of gambling—only state-run lotteries. Hence, there’s no need for a constitutional amendment to enact this type of legislation,” Stumbo said.   Stumbo said he does expect a constitutional challenge or “test case” of his bill, but that he is confident the legislation will prevail based on research of constitutional intent.   Approximately $700 million in new revenue is expected to be generated the first full year of operation of VLTs at racetracks should HB 158 pass, Stumbo said. Annual revenue would be divided between the equine industry, state government and the racetracks with 25 percent of the first $100 million in revenue and 35 percent above that $100 million reserved for the state. Fifteen percent would go to the equine industry, with the balance given to racetracks to cover their costs.   The bill would not raise any taxes but instead would lower them by eliminating the state property tax on cars and trucks, said Stumbo. That will reduce citizen’s motor vehicle property tax bills by about 1/3, he said, by removing “an onerous tax Kentuckians don’t care to pay.” Kentuckians voted in 1996 to allow lawmakers take state tax off their motor vehicle property tax bills, but the tax has not yet been removed.   Some lawmakers had concerns, including House Minority Whip David Floyd, R-Bardstown, who questioned parts of the bill requiring that VLT gaming be overseen by the Kentucky Lottery Corporation, which Stumbo said would only be responsible for monitoring the gaming and accounting work.   “If one of my merchants asks me why can’t I have VLTs, it’s a lottery, why can’t I put them in my place--it’s a fair question, how do I respond to that?” Floyd asked Kentucky Lottery official Arch Gleason.   Gleason said the Lottery Corporation would be limited under statute and would abide by those statutory limitations.     Top of Page     Wednesday, Jan. 14, 2009 3:05 p.m.   Budget cuts for heath, social services reviewed   The House and Senate budget committees, in separate meetings, heard today from Health and Family Services Cabinet Secretary Janie Miller about the impact of budget reductions, including nearly $30 million in cuts required by the current state budget as of last July and $18.6 million in cuts the Cabinet plans to make to comply with $147 in total state spending cuts the governor has proposed. The second round of cuts would address a current $456 million state budget shortfall.   While Medicaid and funding for front-line social workers are now protected from cuts, Miller said many programs are hurting. One of those is community based services, which Miller said has already had its state funding reduced by about $12 million to meet the first round of budget cuts made last summer. Funding for community action, private child care, public health, aging services and services for mental health and mental retardation was also cut.    The latest round of cuts calls for more changes in services, Miller said. Public health faces $3.6 million in state funding cuts which Miller said includes an estimated 5 percent additional reduction to local health departments. The departments lost about $900,000 in cuts last July.   “We had hoped not to cut direct services but we simply don’t have any other places to go other than direct services,” said Miller. “Funding cuts, unfortunately, are being implemented at the same time as the number of individuals asking for services from our local health departments has increased."   Miller also informed the committee that the Medicaid deficit has increased and is now $231.8 million total.   Rep. Robin Webb, D-Grayson, said the state needs to look at what would happen if there was no new revenue, specifically federal dollars, to help with the current state budget situation in health and family services.   “I think it’s important to put a figure on the potential impact of losing federal dollars,” Webb said. “I think we have to operate on the assumption of if there’s no new revenue where we need to emphasize maintenance.” Miller said her agency is quantifying federal dollars currently lost from state budget cuts.   Sen. Robert Stivers, R-Manchester, wondered whether falling gas prices would result in some savings for state government, since many state employees, including social workers and others with CHFS, travel heavily as a core part of their job. The current budget, he noted, was designed with more expensive fuel costs.  “That would be reflected in our travel savings,” Miller noted.   Top of Page     Friday, Jan. 9, 2009 11:43 a.m.   Week in review   For a summary of some of this week's General Assembly action, click here.   State lawmakers are now on a legislative recess and will return to the State Capitol on Feb. 3 to resume the 2009 legislative session.   Top of Page     Thursday, Jan. 8, 2008 10:34 a.m.   House announces committee chairs   House committee assignments and chairs were approved today by the chamber's Committee on Committees. House standing committee chairs are:   Rep. Tom McKee ... Agriculture and Small Business Rep. Rick Rand ... Appropriations and Revenue Rep. Jeff Greer ... Banking and Insurance Rep. Ruth Ann Palumbo ... Economic Development Rep. Carl Rollins ... Education Rep. Darryl T. Owens ... Elections, Constitutional Amendments and Intergovernmental Affairs Rep. Tom Burch ... Health and Welfare Rep. John Tilley ... Judiciary Rep. Rick Nelson... Labor and Industry Rep. Dennis Keene ... Licensing and Occupations Rep. Steve Riggs ... Local Government Rep. Jim Gooch ... Natural Resources and Environment Rep. Tanya Pullin ... Seniors, Military Affairs and Public Safety Rep. Mike Cherry ... State Government Rep. Eddie Ballard ... Tourism Development and Energy Rep. Hubert Collins ... Transportation   Top of Page   Thursday, Jan. 8, 2009 2:52 p.m.   Senate Judiciary approves pair of drug bills   Two bills that have sailed through the Senate in past sessions but did not become law have again been approved by the Senate Judiciary Committee.   Senate Bill 4, sponsored by Senate Majority Floor Leader Dan Kelly, R-Springfield, and Senate Democratic Floor Leader Ed Worley, D-Richmond, would create a substance abuse recovery program to get individuals with substance abuse problems who are charged with felonies the help they need even before they come up for trial. Offenders would be screened when they are initially processed and judges could make treatment a condition of bail.   A second component of the bill would allow those with more serious dependency issues to voluntarily enter a secure inpatient program of 3-12 months with conditions similar to a minimum security prison.   Senate Bill 5, sponsored by Sen. Ray Jones, D-Pikeville, would create standards for drivers to be convicted of a DUI if they have a certain amount of drugs in their blood. Exemptions would apply to prescription drugs being taken as directed by a doctor.   Both bills now move to the full Senate for its consideration.   Top of Page     Wednesday, Jan. 7, 2009 3:37 p.m.   Senate committee chairs assigned   Committee assignments and chairs were approved today by the Senate Committee on Committees. The new Senate standing committee chairs are as follows:   Agriculture – Sen. David Givens Appropriations & Revenue – Sen. Charlie Borders Banking & Insurance – Tom Buford Economic Development, Tourism, & Labor – Sen. Alice Forgy Kerr Education – Sen. Ken Winters Health & Welfare – Sen. Julie Denton Judiciary – Sen. Robert Stivers Licensing, Occupations, & Administrative Regulations – Sen. Gary Tapp Natural Resources & Energy – Sen. Tom Jensen State & Local Government – Sen. Damon Thayer Transportation – Sen. Ernie Harris Veterans, Military Affairs & Public Protection – Sen. Elizabeth Tori     12:45 p.m.   House leaders chosen   House Speaker Greg Stumbo, D-Prestonsburg, and Speaker Pro Tempore Larry Clark, D-Louisville, were officially selected by acclamation today to serve as leaders of the chamber.   The following leaders were also announced today in the House as the winners of yesterday's caucus elections:   Majority Floor Leader Rocky Adkins, D-Sandy Hook Minority Floor Leader Jeff Hoover, R-Jamestown Majority Caucus Chair Bob Damron, D-Nicholasville Minority Caucus Chair Bob DeWeese, R-Louisville Majority Whip John Will Stacy, D-West Liberty Minority Whip David Floyd, R-Bardstown   The Speaker, Speaker Pro Tem and each party leader serve two-year terms.   Top of Page   Tuesday, Jan. 6, 2009 2:15 p.m.   Senate leaders elected, special election set   Among the first orders of business for the Senate after convening today was the election of chamber leadership. This year’s leaders will be:   President: Sen. David L. Williams, R-Burkesville President Pro Tempore: Sen. Katie Kratz Stine, R-Southgate Majority Floor Leader: Sen. Dan Kelly, R-Springfield Minority Floor Leader: Sen. Ed Worley, D-Richmond Majority Caucus Chair: Sen. Dan Seum, R-Fairdale Minority Caucus Chair: Sen. Johnny Ray Turner, D-Drift Majority Whip: Sen. Carroll Gibson, R-Leitchfield Minority Whip: Sen. Jerry Rhoads, D-Madisonville   Announcements for committee assignments and chairs will be made later in the week.   President Williams also signed a writ of election for the 32nd Senate District, which includes Butler and Warren counties. Sen. Brett Guthrie, R-Bowling Green, resigned effective today to take his seat in Congress. The special election will take place on Tuesday, February 10.   12:10 p.m.   2009 session begins   The House and Senate have been gaveled into order and the Kentucky General Assembly’s 2009 session is underway. Legislative proceedings can be viewed online on Kentucky Education Television’s Web site.   8:45 a.m.   2009 session starts at noon   Thanks for checking out Capitol Notes. We’ll be posting updates of legislative news here throughout the 2009 session. This week, reports will focus on the “organizational” work of the legislature, such as the selection of committee chairs. Updates on bills moving through the process will be posted when the “lawmaking” portion of the 2009 session begins on Feb. 3.   The session begins today at noon. You can find the calendar for the 2009 legislative session here.   Top of Page

• Legislative Calendar Archives: June-July 2008 May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007        Log Entries: June 23, 2009 June 22, 2009 June 19, 2009 June 18, 2009 June 17, 2009   March 27, 2009 March 26, 2009 March 13, 2009 March 12, 2009 March 11, 2009 March 10, 2009 March 9, 2009 March 6, 2009 March 5, 2009 March 4, 2009 March 3, 2009 March 2, 2009 February 26, 2009 February 25, 2009 February 24, 2009 February 23, 2009 February 18, 2009 February 17, 2009 February 16, 2009 February 13, 2009 February 12, 2009 February 11, 2009 February 10, 2009 February 6, 2009 February 5, 2009 February 4, 2009 February 3, 2009 January 21, 2009 January 14, 2009 January 9, 2009 January 8, 2009 January 7, 2009 January 6, 2009

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