This Week in
Frankfort
28 March 2013
LRC PUBLIC INFORMATION
FRANKFORT – So how to assess a session’s success?
A couple of approaches suggest themselves. Did it pass at least one
historic bill, especially against long odds (not always possible, not
always even necessary since those issues come along rarely)? Or did it
pass several substantial bills of broad positive impact, not necessarily
transformative but meeting the clear needs of the moment and which,
taken as a whole, gave an honest day’s work (with overtime) to the
people of the Commonwealth?
Whatever metric you choose, the 2013 session was -- in the spirit of
March Madness -- a slam-dunk. It did both. And in just 30 days.
Rare is the short session that can make such a boast. Both limited time
and Constitutional constraints argue against passing transformative
bills, which almost always require money. Any off-year revenue measure
requires, by design, a 60-percent supermajority to pass.
But this year had a different feel. Freed for the first time in years
from the heavy yoke of dealing mostly with budget shortfalls and cuts,
lawmakers could focus solely on issues at hand. And one in particular
was a doozy: Reforming the pension system for public employees, a system
looking down the barrel of one big scary gun, some $30 billion in
unfunded liabilities, one of the nation’s worst, one that has shot holes
in Kentucky’s credit rating. Moody’s
downgraded Kentucky’s bond rating a year ago and Standard and Poor’s has
moved the state’s outlook from stable to negative, mostly on pension
concerns. Dire were the predictions if something wasn’t done.
Both legislative leaders and the governor made
pension reform a top priority. Urgency was palpable on both the first
and third floors of the Capitol. The governor said if the Legislature
failed to pass a pension bill this session, he’d call an extraordinary
one. Legislative leaders were equally determined to get a reform in
place now. Everyone agreed a fix was needed. No one wanted a special
session.
The
question was: Which reform? And then: How to pay for it? And then:
Should funding be settled now or deferred to next year? Both chambers
had their ideas, and they differed. But there was a strong bipartisan
Zeitgeist surrounding the issue and this year’s session generally, a
hopeful sign resolution might be found.
What it
boiled down to was, the Senate wanted to put future state hires into a
sort of hybrid 401(k)-type plan, although with a guaranteed return, a 4
percent ‘floor.’ The House wanted to keep a version of the current
defined-benefits plan. The Senate said funding can best wait till next
year’s full budget session. The House said no time like the present.
Various funding proposals were floated. None found real traction.
Talks involving legislative leaders and the governor continued
through the veto recess, and consumed most of the final two in-session
days this week. As Tuesday wore on, with
sine die looming at midnight,
reports increasingly circulated that an agreement might be near. It was.
A structural reform bill was passed, along with a companion funding
measure, with large bipartisan majorities in both chambers.
The compromise in SB 2 closely reflects the proposals of a
legislative task force on pensions last interim. It does create a new
‘cash-balance’ hybrid plan for future hires, with that guaranteed 4
percent return plus possible additional benefits based on investment
performance. It doesn’t eliminate cost-of-living adjustments, but
requires they be pre-funded. The Legislature pledges full actuarial
funding in the future.
And once again -- it’s important to note -- current retirees and
employees are not affected by the switchover to the new-style plan. The companion funding bill, House Bill
440, would generate about $100
million in additional yearly revenue for the pension fund, the
approximate amount said needed to keep it afloat.
It relies on minor changes to the
state tax code, stepped up tax-compliance enforcement, and expected
additional money from ‘fiscal cliff’ changes in the federal tax code, to
generate about $95.7 million for the fiscal year beginning July 1, 2014,
and $99.9 million the next fiscal year.
Historical context: When voters approved annual sessions in 2000, it was
conceived, presented and passed as a mechanism to take needed action in
the long period between full budget sessions. That meant cleaning up
unintended consequence of previously passed bills – precisely as this
session did, correcting some problems that emerged with the 2012 Pill
Mill Bill.
It also meant dealing with other emerging matters needing attention,
maybe finally passing bills that been discussed before but weren’t yet
‘ripe,’ and generally making sure matters of public interest didn’t
languish unattended-to because the Legislature only met every two years.
It was hoped to reduce the need for special sessions.
Beyond the startling achievement of passing a major reform bill this
year (something considered unlikely when odd-year sessions were
designed, because the ‘supermajority’ stipulation almost puts a
political lock on the two-year budget) this Legislature met its original
short-session mandate strikingly.
Since convening in early January, lawmakers have also approved measures
to allow school districts to raise the high school dropout age, provide
better oversight of special taxing districts and make the absentee
voting process easier for Kentuckians serving in the military overseas.
Hemp farming as an alternative crop now has a clear field, pending
necessary federal action. Kids young and older have new protections.
Just as a quick (and by no means comprehensive) wrap-up, bills approved
this year include:
Child protection. House Bill 290
will
establish an independent review panel to investigate cases
of child deaths and near-fatal injuries. The panel will be given access to complete
records of the Cabinet for Health and Family Services, as well as
information from law enforcement and other agencies involved in those
cases.
Hemp. SB 50 creates an administrative framework for farming
industrial hemp in Kentucky if the crop is legalized by the federal
government (or the feds give Kentucky an exemption). Members of the
state’s Congressional delegation are working on both. The bill was on
life support till close to the witching hour Tuesday, but survived in
amended form.
Human trafficking. HB 3 will strengthen human trafficking laws
while protecting
victims from prosecution for crimes they were forced to commit. (Human
trafficking is another word for sexual slavery, and usually involves
young girls being held against their will and forced into prostitution).
The legislation will offer assistance to victims by creating a ‘human
trafficking victims fund’ supported by service fees paid by
convicted traffickers, proceeds from their seized and forfeited assets,
and any grants, contributions, or other funds that may become available.
Military voting.
Passed late on the last day, SB 1 will make the absentee voting process
easier for Kentuckians serving overseas in the military. The legislation
will allow
members of the armed forces, their spouses and
others out-of-country to register to vote and request and receive
absentee ballots electronically, reflecting the new Internet reality.
Pill mills. As mentioned, HB 217 will make adjustments to
last year’s Pill Mill Bill by easing some reporting requirements when
pain medications are dispensed for clear and legitimate need, while
upholding the original bill’s intent of stopping the deadly scourge of
prescription drug abuse that kills more Kentuckians than car wrecks.
Mandatory reporting to KASPER (the Kentucky All-Schedule Prescription
Electronic Reporting system) will be lifted for hospitals and long-term
care facilities. Exemptions would also be made for post-surgery
patients, end-of-life situations, and some specified other patients with
undeniable medical need for increased pain management.
Religious freedom. HB 279 specifies that government not burden a
person's freedom of religion. The legislation states that an action
motivated by a sincerely held religious belief cannot be infringed upon
without a compelling governmental interest. This was a bill vetoed by
the governor; that veto was overridden by the House and Senate.
School dropouts. A finally ‘ripened’ bill. After many attempts, SB 97 will
allow school districts to increase the compulsory attendance age to 18
beginning in the 2015 school year. Districts that do so must have
programs and resources in place for students at-risk of not graduating.
The increased compulsory attendance age will become mandatory statewide
four years after 55 percent of Kentucky school districts adopt it,
indicating consensus on the issue has reached a tipping point.
Special taxing districts. HB 1 will boost
transparency and accountability for the more than 1,200 special taxing
districts across the state. The bill will put education and ethics rules
in place for those special-purpose entities, which pay for local water,
sewer, and library service, among other things. It also creates an
online central registry to publicly disclose their annual budgets and
other pertinent information. The bill will require taxing districts to
submit budget reports to fiscal courts. If a special district wants to
impose a new fee or increase the rate of an existing tax, it will need
to hold a public hearing in conjunction with a fiscal court meeting.
Most new laws – those that don’t come from legislation with emergency
clauses or different specified effective dates – will go into effect in
90 days.
For more information, contact
scott.payton@lrc.ky.gov
General Assembly’s
2013 session ends
FRANKFORT -- The Kentucky General Assembly’s 2013 regular session came
to a close tonight as lawmakers adjourned at the conclusion of the 30th
and final session day allowed by the state constitution.
Among the highlights on the final day of legislative activity was the
passage of a long-sought bipartisan agreement to ease the state’s public
pension debt, along with a funding measure to assist in that effort.
Since the session’s start in early January, lawmakers have also approved
measures to allow school districts to raise the high school dropout age,
provide better oversight of special taxing districts and make the
absentee voting process easier for Kentuckians serving overseas in the
military.
Most new laws – all that don’t come from legislation with emergency
clauses or different specified effective dates – will go into effect in
90 days.
Bills approved this year by the General Assembly include measures on the
following topics:
Child protection. House Bill 290
will
establish by statute an independent review panel to
investigate cases of child deaths and near-fatal injuries. The panel will
be given access to complete records of the Cabinet for Health and Family
Services, as well as information from law enforcement and other agencies
involved in the cases.
Crime. Senate Bill 15, named the Bryan Durman Act in honor of a
Lexington police officer who was killed by a hit-and-run driver in 2010,
will ensure that a person convicted of criminal homicide in the killing
of a police or firefighter on duty doesn’t become eligible for probation or
parole until 85 percent of a sentence is served.
DNA testing. HB 41 will allow some
felony offenders in prison or under state supervision to request testing
and analysis of their DNA as case evidence.
Hemp. SB 50 creates an administrative framework for the growing
of hemp in Kentucky if the crop is legalized by the federal government.
Human trafficking. HB 3 will strengthen human trafficking laws
while protecting
victims from prosecution for crimes they were forced to commit. The
legislation will offer assistance to agencies responsible for helping
human trafficking victims by creating a “human trafficking victims fund”
supported by service fees paid by
convicted human traffickers, proceeds from seized and forfeited assets
of traffickers, and any grants, contributions, or other funds that may
become available.
Military voting.
SB 1 will make the absentee voting process easier for Kentuckians
serving overseas in the military. The legislation will allow
members of the armed forces, their spouses and others serving overseas
to register to vote and request and receive absentee ballots
electronically.
Newborn health screenings. SB 125 will include critical congenital heart
disease testing as part of the newborn screening program.
Pill mills. HB 217 will make adjustments to the “pill
mill” law approved last year by easing some reporting requirements when
pain medications are dispensed for legitimate needs while upholding the
original bill’s intention of stopping prescription drug abuse. Mandatory reporting to KASPER (the Kentucky All-Schedule
Prescription Electronic Reporting system) will be lifted for hospitals
and long-term care facilities. Exemptions would also be made for
post-surgery patients, end-of-life patients, and some specified other
patients with a clear medical need for increased pain management.
Proof of insurance. HB 164 will allow people to use electronic
insurance cards on their smart phones or other electronic devices as
proof of motor vehicle insurance. Drivers will still be required to keep
paper insurance cards in their vehicles
Public pensions.
SB 2 will offer a plan to ease the state’s
public pension debt and HB 440 offers a financing component to the plan.
SB 2 will require the state to contribute the full amount
recommended by actuaries to the pension system each year beginning in
fiscal year 2015. Rather than a defined-benefit plan, the legislation
offers future public workers a hybrid cash balance plan with a
guaranteed four percent return on contributions. On the funding side of
the issue, HB 440 will generate almost $100 million a year from tax
changes that include
a $10 reduction in the personal income tax credit, a trade-in credit for
new cars, a cap on vendor compensation for sales tax collection, and
enhanced collection efforts by the state Department of Revenue.
Religious freedom. HB 279 specifies that government shall not
burden a person's freedom of religion. The legislation states that an
action motivated by a sincerely held religious belief can not be
infringed upon without a compelling governmental interest.
(HB 279 was vetoed by the governor; the veto was overridden by the House
and Senate.
Scholarships. SB 64 will ensure that students earning Kentucky
Educational Excellence Scholarships aren’t penalized in the amount of
scholarship money they receive if they graduate from high school in
three years rather than four.
School dropouts. SB 97 will allow school districts to increase the
compulsory attendance age to 18 beginning in the 2015 school year.
Districts that do so must have programs and resources in place for
students at-risk of not graduating. The increased compulsory attendance
age will become mandatory statewide four years after 55 percent of
Kentucky school districts adopt it.
Special taxing districts. HB 1 will boost
transparency and accountability for the more than 1,200 special taxing
districts across the state. The bill will put education and ethics rules
in place for those special-purpose entities and create an online central
registry to publicly disclose their annual budgets and other pertinent
information. The bill will require the taxing districts to submit budget
reports to fiscal courts. If a special district wants to impose a new
fee or increase the rate of an existing tax, it will need to hold a
public hearing in conjunction with a fiscal court meeting.
Student health. HB 172 will encourage schools to possess at
least two epinephrine auto-injectors
in case one is needed for a student having a life-threatening allergic
or anaphylactic reaction.
Suicide prevention. SB 72 will
require attendance at suicide prevention training programs at least once
every six years for social workers, marriage and family
therapists, professional counselors, fee-based pastoral counselors,
alcohol and drug counselors, psychologists, and occupational therapists
Synthetic Drugs. HB 8 will continue the state’s efforts to
update laws regarding synthetic drugs to ensure that newly developed,
harmful synthetic drugs are listed as controlled substances.
Teacher evaluations. HB 180 will require the Kentucky Board of
Education to establish a statewide evaluation system for all certified
personnel. The Department of Education, in consultation with teacher and
principal steering committees, will develop the system prior to the
2014-2015 school year. Tuition waivers. SB 95 will extend the five-year tuition waiver eligibility period for adopted children who serve in the military.
University projects. HB 7 will
authorize six state universities to issue agency bonds for 11 specific
building construction projects at a collective cost of approximately
$363 million. The projects will be funded by the universities’ own
revenue streams, not state dollars.
Victim protection. HB 222 will establish a crime victim
protection program in the Secretary of State’s office to allow domestic
violence victims to have personal information, such as addresses,
redacted from public voter registration roles. The legislation will also
allow victims in the program to vote by mail-in absentee ballot.
March 26, 2013
Industrial hemp bill heads to governor’s desk
The Kentucky General Assembly approved a bill today that will
create an administrative framework for the growing of industrial hemp in
Kentucky if the crop is legalized by the federal government.
Senate Bill 50, sponsored by Sen. Paul Hornback, R-Shelbyville, would
allow the Kentucky Industrial Hemp Commission to vet and license farmers
wishing to grow industrial hemp.
The commission would be overseen by the Kentucky Department of
Agriculture.
As amended by the House, the commission would elect its chair and the
Agriculture Commissioner would serve as vice chair.
Supporters of the measure say the crop would give Kentucky a market edge
if the hemp production is legalized federally.
Industrial hemp can be used in the production of ropes, fabrics,
plastics and a variety of other goods.
Currently, the growing of hemp is prohibited by federal law. Members of
Kentucky’s congressional delegation told lawmakers earlier this year
they are working on efforts to lift that ban.
Senate Bill 50 was approved in the Senate by a 35-1 vote shortly after
being approved by the House 88-4.
The bill now goes to the governor’s desk.
Military voting bill passes General Assembly
Legislation that would allow military voters overseas to receive
absentee ballots and voter registration materials electronically
is on its way to becoming law.
Senate Bill 1, sponsored by Senate President Robert Stivers,
R-Manchester, was passed unanimously in the Senate after clearing the
House on a 91-0 vote shortly before tonight’s adjournment of the 2013
Regular Session. The legislation would require completed
military-overseas absentee ballots be returned to county clerks by mail,
not electronically, and that those ballots be received no later than the
close of polls on Election Day.
The bill as passed also creates a Military and Overseas Voting
Assistance Task Force and defines its membership and responsibilities.
Rep. Jody Richards, D-Bowling Green and supporter of SB 1, said the task
force will help complete work on the absentee ballot issue. Also included in SB 1, as passed, are provisions originally included in House Bill 141, sponsored by Rep. Tom McKee, D-Cynthiana, and Rep. Mike Denham, D-Maysville. The measure will offer a tax credit to those who donate agricultural products to food banks and pantries.
HB 1 also includes
provisions in HB 203, sponsored by Rep. Darryl Owens, D-Louisville. The
measure will prevent the disclosure of information in an application for
an absentee ballot until after Election Day, with exceptions for
disclosure to the Secretary of State or State Board of Election.
SB 1 now goes to the governor for his signature.
Pension reform, funding bills on way to becoming law
FRANKFORT -- Intent on reducing over $30
billion in unfunded obligations in the state’s public employee pension
system, the Kentucky General Assembly voted tonight to change benefits
offered for future employees served by the Kentucky Retirement Systems
and pay down the pension system’s debt to the tune around $100 million a
year.
The pension system changes were approved with
final passage of Senate Bill 2, which cleared the Senate on a 32-6 vote
and the House on a 70-28 vote. SB 2, sponsored by Senate Majority Floor
Leader Damon Thayer, R-Georgetown, will place future state and local
government employees (except public school teachers, who are covered
under a separate retirement system) as well as judges and state
legislators in a hybrid “cash balance” plan as of Jan. 1, 2014, That
plan is similar to a 401K, but with a guaranteed minimum 4 percent
return, The bill also requires prefunding of any and all cost of living
raises.
Most notably, the bill will require the state
to pay its full contribution, or “ARC” (actuarially required
contribution), to the pension system beginning in Feb. 2015. The ARC
totals around $100 million per year which will be paid with revenue
generated by House Bill 440, sponsored by House Speaker Pro Tempore
Larry Clark, D-Okolona.
HB 440, which was given final approval by a
vote of 82-17 in the House and a vote of 35-3 in the Senate, will
generate $95.7 million in fiscal year 2015 and $99 million in 2016. That
funding will come from a $10 reduction in the personal income tax
credit, a trade-in credit for new cars, a cap on vendor compensation for
sales tax collection, and enhanced revenue collection by the state
Department of Revenue.
Thayer said during pension negotiations
earlier in the day that SB 2 will save Kentucky taxpayers $10 billion
over the next 20 years while spreading investment risk between employer
and employee.
“It will avert a fiscal crisis that looms only
four years ahead,” Thayer said.
Benefits for current employees and retirees
served by the Kentucky Retirement Systems will not be affected by SB 2
because of an “inviolable contract” the state has with current employees
that protects existing benefits, according to House Speaker Greg Stumbo.
“Unlike the folks in Washington, we can
actually come to together and forge a comprehensive and responsible
piece of legislation to a huge public policy problem” while protecting
workers and retirees, Stumbo said.
Both SB 2 and HB 440 now go to the governor’s
desk to be signed into law.
This Week in Frankfort
15 March 2013
FRANKFORT – A civics textbook on Kentucky government would tell you
this: The Legislature then goes
into veto recess, 10 days excluding Sundays, when lawmakers go home to
await gubernatorial vetoes, before coming back to Frankfort for the
session’s last working day or two to consider veto overrides.
Real life 2013 translation: The Legislature is now in veto recess, 10
days plus Sundays during which rank-and-file lawmakers are home with
phones ringing off the wall. Getting an earful, pro and con, from
constituents. Getting buttonholed in the produce section of Pic-Pac on
Saturday morning. Answering questions after church. All while trying to
piece together their neglected ‘real’ lives and jobs while making
speeches to Kiwanis Clubs and Chambers of Commerce about what the
session has done so far, and may yet do.
And 10 days during which leaders and other key players are talking
informally among themselves about some live but unresolved bills, big
ones and even some little ones, left on the board when the Legislature
went home Tuesday night. Their hope: To reach consensus or at least
compromise that can lead to quick, successful resolution when the
Legislature returns for ‘veto days’ that are called that, but are almost
always much more than that.
(OK, expanded civics text: Under
Kentucky’s Constitution, a governor has 10 days to sign a bill into law,
veto it, or as a presumed statement of some disapproval but not too
awfully much, let it become law without doing either. The Legislature
builds into its schedule every year a recess to give that time period a
chance to elapse, leaving a day or two to come back to override vetoes.
In practice, those days are usually consumed with tidying up and trying
to pass bills stalled or at impasse when ‘normal’ time ran out. Bills
can still be passed during veto days; they just aren’t ‘veto proof.’)
When the Legislature recessed this week, no bigger or more difficult
bill was left in limbo than public-employee pension reform. Discussions
were said to be ongoing, though their prospects for success are
considered highly uncertain. It’s still a bill very much in play,
though, even across a wide gap in structural approaches, and with
funding a particular sticking point. To fund or not to fund, that is the
question this session. The House insists on it. The Senate says it can
and should wait till next year’s budget session.
But there are other hanging issues too, notably Senate Bill 50, a bill
to allow the farming of industrial hemp in
Kentucky, with a couple of big ‘ifs’ attached. The current federal ban
on growing hemp would have to be lifted or Kentucky would have to
receive a federal waiver to grow it (some members of Kentucky’s
Congressional delegation say they’re working toward both).
Industrial hemp would, supporters say, be a boon and a natural
transition for Kentucky farmers weaning themselves off tobacco as their
primary cash crop.
The hemp bill has had an up-and-down trip through the process. It
passed the Senate handily early in the session, but appeared DOA in the
House – not even getting out of committee till its second try -- until
late last week.
Friday, House leaders said they would allow consideration of a
floor amendment that would presumably assuage some law-enforcement (and
gubernatorial) concerns by putting both the UK Department of Agriculture
and the Kentucky State Police commissioner in top positions on a
Kentucky Industrial Hemp Commission, and by switching licensing of
participants in a five-year hemp growers and processors ‘demonstration
project’ to the State Police.
Another bill in legislative limbo would
make it easier for Kentucky soldiers overseas to vote via electronic
transmission. The actual process for doing so has yet to be agreed upon,
and as it now stands, the bill is slated to be taken up in conference
committee during the veto days.
Still,
major bills have passed both chambers and been sent to the governor too
– 107 bills all told, some of greater or lesser scope than others -- but
lawmakers on recess are likely telling those hometown Kiwanis Clubs
about some of these:
After years of struggle and
failure, a bipartisan compromise was finally achieved Monday on a bill
aimed at raising the high school dropout age in Kentucky from 16 to 18.
Senate Bill 9 would allow – but not at this point require --
local school districts across the state to increase the compulsory
attendance age to 18, if they choose. But districts who decide to do so
must have programs and resources in place for students at-risk of not
completing their requirements for graduation.
While not a statewide
requirement, the compromise does have a tipping point – it mandates that
all Kentucky high schools implement the increased dropout age within
four years after 55 percent of individual school districts have adopted
the change. This allows individual school districts to make initial
decisions based on local needs and concerns, but also promotes
uniformity in schools across the state when a ‘critical mass’ consensus
is achieved.
House Bill 1 – a major
House priority, as evidence by its honorific bill number -- was sent to
the governor’s desk this week too. It brings what supporters call
much-needed transparency and accountability to the more than 1,200
special taxing districts across the state, in at least 117 of Kentucky’s
120 counties. They fund public library boards, fire departments, water
and sewer systems and other specific local services. A big pot of public
money is involved: By some estimates, it approaches $3 billion, and yes,
that’s with a ‘b’. And by some accounts, they collectively hold more
than a billion more in reserve.
Sponsors of the bill
acknowledge that most special districts provide needed services to their
communities and do the job well, but sometimes leave taxpayers in the
dark on how, specifically, their money is being spent.
The bill would put
education and ethics rules in place for those special-purpose entities
and create an online central registry to publicly disclose their annual
budgets and other pertinent information.
As settled in conference
committee and passed in both chambers, the bill would also require that
all special taxing districts submit a budget report to their local
fiscal court. If a special district wanted to impose a new fee or
increase the rate of an existing tax, it would have to hold a public
hearing prior to the change in conjunction with a fiscal court meeting.
While this doesn’t provide the direct local oversight and veto authority
some lawmakers wanted, the bill is considered an important step forward
in keeping taxpayers informed and the folks taxing them accountable.
Other bills got final passage this week too. Among them, an anti-human
trafficking measure – House Bill 3, which could more graphically and
pointedly be called an anti-sexual-slavery bill – that `would
increase penalties for anyone convicted of the crime, while protecting
victims (primarily young girls) from prosecution for crimes they were
forced to commit, like prostitution, and offering them state social
services.
Another measure related to
crimes against children, House Bill 290 would create a 20-person review
panel for cases of child abuse- and neglect-related fatalities and
near-fatalities. The panel would be given access to complete records of
the Cabinet for Health and Family Services, as well as information from
law enforcement and other agencies involved in the case.
The Legislature reconvenes March 25-26 to wrap
up its 2013 session.
For more information, contact scott.payton@lrc.ky.gov
Editor’s Note: We remind you the Legislature welcomes and encourages
your participation, comments and questions. All proceedings are open to
the public. If a committee is taking up a bill you’re interested in,
come to Frankfort. Citizens are always welcome.
There are several easy ways you can stay in touch with your General
Assembly.
The Kentucky Legislature Home Page,
www.lrc.ky.gov, provides
information on each of the Commonwealth’s senators and representatives,
including phone numbers, addressees, and committee assignments. The site
also provides bill texts, a bill-tracking service, and committee meeting
schedules.
You can also follow legislative action by phone with these toll-free
numbers:
March 12, 2013
Special taxing district bill heads to governor
Legislation that would
increase transparency of the state’s more than 1,200 special taxing
districts cleared the Kentucky General Assembly today without
opposition.
Based in part on
recommendations by the State Auditor, House Bill 1, sponsored by House
Speaker Greg Stumbo, D-Prestonsburg, would create an online public
registry that would include taxing district’s annual budgets and other
information. The website
would be maintained by the Department for Local Government.
Supporters of the measure
say it would add accountability to special taxing districts and would
help taxpayers know how public money is being spent.
Special taxing districts
include public library boards, fire departments and water and sewer
districts. They are found in
117 of Kentucky’s 120 counties and spend more than $2.7 billion
annually, by some estimates.
The bill would establish
ethics and education standards for special taxing districts and stiffen
penalties if they do not comply with auditing and reporting standards.
As agreed upon in a free
conference committee, the bill would also require all special taxing
districts to submit a budget report to their local fiscal court.
If a special district adopted a new fee or increased the rate of
an existing tax, it would be required to hold a public meeting prior to
the change.
House amends, passes military voting bill
Kentuckians serving in the
military overseas would be allowed to transmit their ballots back home
electronically under changes the House made today to a Senate bill.
Senate Bill 1, as passed by
the Senate, would allow Kentucky residents serving in the military
overseas to register to vote and receive election ballots
electronically, but would require that their ballots be returned to
their county clerks by postal mail. The bill as approved by the House
would allow the ballots to be both received and transmitted
electronically.
SB 1, known as the Uniform
Military and Overseas Voter Act and sponsored by Senate President Robert
Stivers, cleared the House by a 57-42 vote. It will now be returned to
the Senate for its consideration.
House Speaker Greg Stumbo
said 300 ballots submitted in the 2012 general election by Kentuckians
who serve in the military overseas were not counted because they arrived
by postal mail at their county clerks’ offices after the voting deadline
or other reasons. All 300 voters had requested ballots, Stumbo said.
“Those 300 men and women
have a right to have those votes counted, and I don’t think anyone in
this chamber would disagree with that,” said Stumbo.
Some House members who
voted against the changes to SB 1 expressed concerns that allowing
overseas military ballots to be submitted electronically could violate a
state constitutional requirement for voting by secret ballot.
Rep David Floyd, R-Bardstown,
called the provision for electronic voting by the military overseas “yet
another assault on a constitutional right, and this time the assault is
primed and pointed right at those who serve their country in the United
States military.”
Other provisions added to
SB 1 by the House would require the Kentucky Secretary of State to
develop a system for electronic return of military overseas ballots,
specify that a ballot received by a member of the military overseas must
be returned to that voter’s county clerk electronically, and set a
timetable by which ballots can be requested and should be received by or
submitted to the voter’s county clerk.
Any ballot submitted by a
member of the military voting overseas must be counted if received at
the end of business on the day before the total number of votes is
certified, according to SB 1 as amended by the House.
FRANKFORT -- School districts in the Commonwealth will be allowed to raise the minimum dropout age for their students under legislation that cleared the Kentucky General Assembly today. Senate Bill 97, sponsored by Sen. David Givens, R-Greensburg, will allow local school districts across the state to increase the compulsory attendance age to 18 for their students beginning in the 2015 school year. Currently Kentucky students may drop out of high school at the age of 16. Prior to raising the dropout age, the bill will require schools to have programs and resources in place for students at-risk for not completing their high school education. School districts would also be required to apply to and receive approval from the Kentucky Department of Education. Sen. Givens commended the work of multiple lawmakers and public leaders, including the Governor and First Lady, for years of discussion of the compulsory attendance age to reach what he called meaningful compromise. “It’s apparent to me that [this] is going to be the best policy we can subscribe to as a state,” he said. The Senate agreed to a change to the bill made by the House of Representatives to require the increased compulsory attendance age to become mandatory statewide four years after 55 percent of Kentucky school districts have adopted the change. Supporters say this will allow local schools to make decisions based on their needs while also promoting uniformity in school districts across the state. “I do think this is a practical, commonsense approach to deal with an issue that is very important to our school systems and the educational attainment of our children,” Sen. Gerald Neal, D-Louisville said. Senate Bill 97 was approved 33-5 by the Senate and now goes to the governor's desk.
This Week in Frankfort
8 March 2013
LRC PUBLIC INFORMATION
FRANKFORT – In the long run-up to a legislative session, all things
(more or less) seem possible. In its denouement – like the reworked
calendar of four working days we enter now at a truncated week’s end --
the question becomes: What, now, is
really possible?
If politics is the art of answering that question, at no time does that
become clearer than a session’s bone-weary mop-up.
The gray winter’s-end landscape is littered with dead bills, crippled
bills, and bills on life support. But representative government has
worked its magic, too. Some bills are safely in the barn, others close
or on their way. Surprises come as no surprise, in these end times.
Resurrection, this Easter season tells us, can be accomplished in just
three days. Through a change in schedule to skip Friday and push it into
next week, we now have four
And it’s important to remember: Just as God answers all prayers, though
sometimes the answer is no, the legislative process itself succeeds with
all bills. Sometimes its answer is no. Sometimes, ‘not yet.’ But it’s
important to remember that defeat or even failure to act is action. It
tells you something politically about a bill, what’s possible, what the
people want.
One successful bill this session – a major priority from day one –
refines a measure than had its first bumpy passage last session: the
Pill Mill Bill. This session saw a successful and bipartisan push to
correct some unintended consequences of what (by almost every account)
has been fundamentally successful legislation. House Bill 217 makes what supporters call some common-sense tweaks to the law, clarifying protocols in dispensing pain meds for legitimate need without diluting the original bill’s intent: Stopping the rampant abuse of prescription drugs in Kentucky, fueled by ‘clinics’ that fed death to pain-pill addicts – more death each year than our highways see.
Officials
have cited great success in that effort. Several unlicensed
pain-management clinics have shuttered and left Kentucky – ‘Good
riddance to bad rubbish,’ as one legislative leader put it.
Prescriptions for the most killingly addictive drugs have dropped every
month since the bill’s implementation, more than 10 percent so far, all
told.
But some
doctors and patients with legitimate needs found a few regulatory
aspects of the law burdensome. And after multiple meetings with health
providers, law enforcement and licensure boards and other involved
agencies, lawmakers drew up several tweaks to make the law better
reflect the realities of legitimate day-to-day medical practice.
For example, background checks through the state’s electronic
prescription drug monitoring system (KASPER) for controlled substances
will no longer be required for pain medications dispensed to patients at
hospitals, nursing homes, and hospice centers. The bill also lifts
restrictions on access to pain meds for the terminally ill, and for
patients recovering from surgery.
Meanwhile, another top pre-session priority – legislation to get a
handle on the proliferation of special taxing districts across the state
– has passed both chambers. But the versions differ, and those
differences must be reconciled before final passage and a trip
downstairs to the governor’s office to be signed into law
Estimates are there are more than 1,200 special taxing districts across
the state, in 117 of Kentucky’s 120 counties. They are locally imposed,
and pay for services like libraries, water and sewer districts, and fire
protection.
House Bill 1
would require all ‘special purpose government entities’ in the state to
electronically submit administrative and financial information to the
Department of Local Government. That information would then be posted
in an online registry and available for public inspection. Districts
that don’t comply would be subject to state audit. The intent is
transparency and accountability in situations where cumulatively vast
sums of public tax dollars – well over $2 billion, by some estimates --
are collected and spent.
But the Senate
version of the bill goes further, and also gives fiscal courts the power
to veto certain tax and fee increases proposed by special districts.
That’s an expansion of the simpler oversight and transparency envisioned
by the House. Still, with four session days left, there’s time to work
out a compromise; the special-districts bill is still alive and kicking.
Another widely
watched bill – legalizing cultivation of industrial hemp in Kentucky,
pending federal approval – is alive but hanging on by a frayed thread.
After passing
the Senate by a substantial margin earlier this session, it passed the
House Agriculture Committee this week. But a House leader (who has
expressed skepticism about the bill all along) says the likelihood of it
reaching the House floor this year is slight. Opponents of the measure
say they remain unconvinced about the potential market for hemp as an
alternative cash crop, share law-enforcement concerns because the
low-THC plant so closely resembles drug-grade marijuana, and add that
the whole question is moot anyway as long as federal illegality remains
in effect.
Redistricting
was another pre-session ‘big issues’ mention, and the House indeed
passed its own self-reapportionment plan this week, over minority party
objections and in the face of little indication the Senate was receptive
to taking up the issue this session.
As for the
session’s two other big issues (the biggest, as defined by pre-session
discussion), tax reform has never even risen to committee consideration;
and public employee pension reform – though it has passed both chambers,
albeit in dramatically different forms – remains in a procedural limbo.
At week’s end,
though, leaders were reported trying to find a pension-reform compromise
both chambers could sign on to, with discussions ongoing. That is a
developing situation, helped along by Thursday’s decision to change the
session calendar to push Friday’s official working day ahead to Monday.
As the schedule
now stands, Monday and Tuesday are designated ‘concurrence days,’ during
which the House and Senate deal with bills that passed both but got
amended in one so their versions differ. After Tuesday– again, as the
schedule now stands – lawmakers will go home for a 10-day ‘veto recess,’
the length of time a governor has to sign a bill, let it become law
without his signature, or veto it. Taking that 10-day recess gives the
Legislature the opportunity to override vetoe
The current
schedule calls for lawmakers to come back to Frankfort March 25 and 26
for that purpose.
One thing you
should note: Legislators can still pass legislation on the session’s
last day or days – or the last minute of the last midnight hour, for
that matter. They simply give up the right to override vetoes. So a bill
thought dead and buried this week could, if sentiment broke in favor of
it during recess and a procedural path was clear, rise to live again and
pass. As noted, with Legislatures, the only surprise is no surprise.
More colloquially: Things ain’t over till
sine die.
For more information, contact
scott.payton@lrc.ky.gov
Editor’s Note: We remind you the Legislature welcomes and encourages
your participation, comments and questions. All proceedings are open to
the public. If a committee is taking up a bill you’re interested in,
come to Frankfort. Citizens are always welcome.
There are several easy ways you can stay in touch with your General
Assembly.
The Kentucky Legislature Home Page,
www.lrc.ky.gov,
provides information on each of the Commonwealth’s senators and
representatives, including phone numbers, addressees, and committee
assignments. The site also provides bill texts, a bill-tracking service,
and committee meeting schedules.
By going to The LRC Public Information eNews page,
www.lrc.ky.gov/pubinfo/listserv.htm, you can subscribe to frequent
e-mail updates on what’s happening at the Capitol.
In addition, the office has its own blog, Capitol Notes,
www.lrc.ky.gov/pubinfo/capitol_notes.htm, that will allow you to receive
legislative updates at your leisure.
You can also follow legislative action by phone with these toll-free
numbers:
·
A taped Calendar Line containing information on the next day’s
legislative committee meetings is updated daily at 1-800-633-9650.
·
To check the status of a bill, you may call the Bill Status Line at
1-866-840-2835.
·
To leave a message for any legislator, call the General Assembly’s
Message Line at 1-800-372-7181.
People with hearing difficulties may leave messages for lawmakers
by calling the TTY Message Line at 1-800-896-0305.
·
You may write any legislator by sending a letter with the lawmaker’s
name to: Capitol Annex, 702 Capitol Avenue, Frankfort, Kentucky 40601.
March 7, 2013
Session calendar changed; General Assembly to reconvene Monday
FRANKFORT -- State lawmakers will not convene in session tomorrow as a
result of a change in the 2013 Regular Session Calendar agreed to by
legislative leaders.
Under the newly revised calendar, the General Assembly’s chambers will
convene two days next week – March 11 and 12. (The convening time for
the Senate and House is 10 a.m. on March 11.)
The veto recess – the period of time when lawmakers return to their home
districts to wait for potential gubernatorial vetoes – will be held from
March 13-23. Lawmakers are scheduled to return to the Capitol on March
25 and 26 for the final two days of the 2013 legislative session.
A copy of the revised Regular Session Calendar can be viewed online at
http://www.lrc.ky.gov/sch_vist/13RS_calendar.pdf.
March 6, 2013
Senate approves special taxing district legislation
FRANKFORT -- A bill aimed
at increasing transparency and accountability of the state’s special
taxing districts was approved by the Kentucky Senate today.
House Bill 1, sponsored by
House Speaker Greg Stumbo, D-Prestonsburg, would require “special
purpose government entities” in the state to submit administrative and
financial information to the Department of Local Government.
That information would then be
posted in an online registry and available to the public.
According to Senate
Majority Floor Leader Damon Thayer, R-Georgetown, the bill would apply
to more than 1,300 special taxing districts in the state that raise and
spend approximately $4 billion in public money annually.
These entities include public library boards and fire and water
districts, among others.
They are found in more than 117 Kentucky counties.
As amended by the Senate,
the bill would also give fiscal courts the power to veto certain tax
increases proposed by special districts.
It would also make the results of audits of districts covered
under the legislation available for public review on the online
registry, Thayer said.
The Senate changes to House
Bill 1 “add much-needed oversight to special districts across the
Commonwealth,” he said.
The measure was passed on a
23-10 vote. Opponents of the
bill cited concerns about allowing fiscal courts veto power over the
taxing districts.
House Bill 1 now goes back
to the House of Representatives for consideration of the Senate changes.
This Week in Frankfort
1 March 2013
FRANKFORT – So this week, the House weighed in on the weightiest of this
session’s issues: Public-employee pension reform. And the increasingly
shallow waters of a session nearing shore were roiled, with only eight
working days to landfall, final adjournment near, and a governor in the
wings who’s said he’s prepared to call a special session on the issue if
need be
As passed in committee Tuesday and clearing the House narrowly 55-45 the
next day, Senate Bill 2 – the comprehensive reform bill passed by that
chamber in early February – takes a fundamentally different tack than
the Senate original, in the committee substitute sent to the House
floor.
Most strikingly, it keeps a version of the pension systems’ current
defined-benefits plan for new hires, albeit with increased flexibility
for the Legislature to make future adjustments. The original Senate bill
replaced the current plan with a hybrid ‘shared-risk’ approach for
future employees, resembling a 401(K) but with a guaranteed 4 percent
return. (This was also the recommendation of a task force that spent
last year looking at fixes for Kentucky’s pension dilemma).
Therein lies one rub. And herein lies another:
A separate but
companion bill (HB 416) provides a funding mechanism for the retirement
systems – something the Senate did not do, saying that discussion should
best be deferred until next year’s full budget session. House leaders
have staked out a position that funding must be linked with structural
reforms. Their bill passed with 52 votes.
In a nutshell:
As amended by the House, the public pension bill, Senate Bill 2, would
help ensure that state or local government employers each year pay the
actuarial required contribution (ARC) to the public pension systems
administered by the KRS. That’s usually referred to as ‘full funding,’
and the Senate also called for it.
Full funding is
estimated to run around $100 million per year in General Fund dollars,
House leaders say. Part of the reason the various public-pension funds
are financially strapped is, full funding has not been forthcoming in
recent years of severe General Fund budget distress. Coupled with a bad
return on investments in recent recessionary years of a shaky stock
market and low interest rates, the systems are said to face an overall
unfunded liability of around $30 billion
The House
version requires legislative pre-funding of any cost-of-living raises
for retirees, and allows the state to modify benefits and pension
eligibility for future employees hired on or after July 1, 2013 –
something the current ‘inviolable contract’ for those already in the
system forbids
The General
Fund dollars to pay for full funding would come mostly from the revenue
mechanism in HB 416, which envisions the state collecting an estimated
$73.5 million by 2019 (and more in subsequent years) for a new state
Pension Sustainability Trust Fund to be created in fiscal year 2014. The
funding stream would flow from expanding the Kentucky Lottery to include
Club Keno and iLottery games, and a portion of the proceeds from
expanded Instant Racing -- betting on previously-run horse
races—something now offered at Kentucky Downs and Ellis Park.
House leaders
concede these sources will require some time to ‘mature’ (six to eight
years was a time frame mentioned) but should, they say, be
self-sustaining after that. They say their plan protects state funding
of the Kentucky Educational Excellence Scholarship (KEES) program, which
is funded by lottery proceeds and one of the gravest concerns raised
about hitching lottery money to pensions. Some skeptics also question
the lottery’s Constitutional charter to expand into these new types of
gaming.
The chambers’
core divide on structural reform (a hybrid plan vs. a continued but
more-flexible defined-benefits plan for future hires) creates roadblocks
enough on its own. But even beyond that, the chambers disagree on
whether there’s a compelling need to pass a funding mechanism this year.
Senate leaders
said after the funding bill’s passage they couldn’t receive it for
consideration because it didn’t get the required 60-vote supermajority
to pass a revenue bill in odd-year sessions. House leaders contend that
restriction only applies to the final vote for final passage of an
agreed-upon bill passed by both chambers, not the work-in-progress this
bill, they say, still is. The Senate didn’t take the bill
It did take the
revised SB 2, however, and on a voice vote Thursday refused to agree to
(‘concur with’) the amended House version, and sent it back to that
chamber asking it to ‘recede,’ meaning drop its changes to the bill. The
House, in turn, declined to accept the bill back, on procedural grounds.
The process, Friday, stalled.
At this point,
we only know one thing for sure: A structural pension-reform bill has
passed both chambers and is ready for possible conference committee
negotiations, if both chambers agree to appoint one. And with eight days
left, there’s still time for this session to find agreement on that
portion of the overall pension issue -- time, but not much. Especially
with the chambers’ positions, for now at least, so far apart. Quick takes on four other issues of note:
There are several easy ways you can stay in touch with your General
Assembly.
The Kentucky Legislature Home Page,
www.lrc.ky.gov, provides
information on each of the Commonwealth’s senators and representatives,
including phone numbers, addressees, and committee assignments. The site
also provides bill texts, a bill-tracking service, and committee meeting
schedules.
By going to The LRC Public Information eNews page,
www.lrc.ky.gov/pubinfo/listserv.htm, you can subscribe to frequent e-mail updates on what’s happening at
the Capitol. In addition,
the office has its own blog, Capitol Notes,
www.lrc.ky.gov/pubinfo/capitol_notes.htm, that will allow you to receive legislative updates at your leisure.
You can also follow legislative action by phone with these toll-free
numbers:
·
A taped Calendar Line containing information on the next day’s
legislative committee meetings is updated daily at 1-800-633-9650.
·
To check the status of a bill, you may call the Bill Status Line at
1-866-840-2835.
·
To leave a message for any legislator, call the General Assembly’s
Message Line at 1-800-372-7181.
People with hearing difficulties may leave messages for lawmakers
by calling the TTY Message Line at 1-800-896-0305.
·
You may write any legislator by sending a letter with the lawmaker’s
name to: Capitol Annex, 702 Capitol Avenue, Frankfort, Kentucky 40601.
Bill to require prosthetics limb coverage passes
House, goes to Senate
FRANKFORT— The House today
approved legislation that would require insurers to cover prosthetic
limbs consider most appropriate for patients’ medical needs.
House Bill 376, sponsored
by Reps. Carl Rollins, D-Midway, and Derrick Graham, D-Frankfort, would
add Kentucky to a list of 20 other states with a “prosthetic parity” law
that requires private insurers in those states to offer the same
coverage for artificial arms and legs as federal Medicare Part B.
Coverage would include repair and replacement, and would be subject to
medical utilization review, according to the bill.
The bill would take effect
on Jan. 1, 2014, should it become law this session, said Rollins.
HB 376 was pushed by former
Frankfort resident Stephanie Decker, the mother of three who lost her
right foot and ankle and left leg at the knee while protecting her
children from a tornado that hit their Indiana home last March. Decker,
who still lives in Indiana, was in the House chamber for the bill’s
passage.
“We heard her tell us (in
committee) that, luckily, her accident happened in Indiana where—because
of the insurance laws there—she had access to the best and newest
technology,” said Rollins. He added that HB 376 would put Kentucky on
par with prosthetics coverage under Indiana law.
Private coverage under HB
376 would include coverage through health benefit plans, group or
blanket insurance, nonprofit hospitals, medical-surgical, health service
corporations, and health maintenance organizations, the bill states.
HB 376 now goes to the
Senate for its consideration.
February 28, 2013
Senate panel approves proposed changes to 2012 ‘pill mill bill’
FRANKFORT -- The Senate Judiciary Committee approved a measure today
that would make changes to legislation known as the “pill mill bill”
that was approved during the 2012 special legislative session.
The 2012 legislation regulated pain management clinics and mandated use
by physicians and pharmacists of the state’s prescription drug
monitoring system, KASPER, among other things.
According to House Speaker Greg Stumbo, D-Prestonsburg, who testified
before the committee, that measure has proven effective in addressing
the state’s prescription drug abuse problem but could be improved by
some minor adjustments.
House Bill 217, sponsored by Stumbo and Rep. John Tilley,
D-Hopkinsville, would exempt hospitals, long-term care facilities and
end-of-life care programs from some of HB 1’s restrictions on
prescribing and dispensing narcotics.
The measure would also allow doctors to administer blood or urine tests
at their discretion to help monitor patients’ use of drugs being
prescribed without mandating such tests in every case, Stumbo said.
“These are logical steps… to make sure we are not burdening these
groups,” said Senate President Robert Stivers, R-Manchester.
House Bill 217 now moves to the full Senate for consideration.
House approves pension bill and funding measure
FRANKFORT—The House today approved its version of public pension reform
and a measure that would boost funding for the pension system.
As amended by the House, the public pension bill, Senate Bill 2, would
help ensure that the state or local government employer pay the
actuarial required contribution (ARC) to the public pension systems
administered by the KRS, beginning in fiscal year 2014, said House State
Government Chair Brent Yonts, D-Greenville. Full funding of the ARC is
estimated to cost around $100 million per year in state General Fund
dollars, he said.
The General Fund dollars would come from a revenue mechanism in HB 416,
sponsored by House Speaker Greg Stumbo, D-Prestonsburg, and approved by
the House today by a vote of 52-47. HB 416 is aimed at allowing the
state to collect an estimated $73.5 million by 2019—and more in
subsequent years— for a new state “pension sustainability trust fund”
that would be created in fiscal year 2014 under the bill. The funding
would potentially come from Club Keno and iLottery games that are
expected to be offered by the Kentucky Lottery and a portion of the
proceeds from instant or “historic” racing—or betting on previously-run
horse races—now offered at Kentucky Downs and Ellis Park.
“After these endeavors mature, in about six to eight years, it pretty
well takes care of itself from there on out,” Stumbo said.
Stumbo said HB 416 creates a potential “long-term dedicated funding
source for our pension problems” while protecting state funding of the
Kentucky Educational Excellence Scholarship (KEES) program. The state
lottery is the dedicated funding source for KEES under Kentucky law.
Besides requiring full funding of the ARC, the House’s amended version
of SB 2 would retain the current defined benefit plan in the KRS (as
opposed to the hybrid shared-risk plan proposed by the Senate),
require pre-funding of cost of living raises for retirees by the General
Assembly and allow the state to modify benefits and pension eligibility
for future employees hired as of July 1, 2013.
Senate
approves military voting bill
FRANKFORT – A bill aimed at making absentee voting easier for
Kentuckians serving overseas in the military was approved by the Senate
without opposition today.
Senate Bill 1, known as the Uniform Military and Overseas Voter Act,
would allow members of the armed forces, their spouses and others
currently serving overseas to register to vote and request and receive
absentee ballots electronically.
Senate President Robert Stivers, the sponsor of SB 1, said voting
challenges that confront members of the military serving overseas were
brought to people’s attention by Secretary of State Alison Lundergan
Grimes. “On her travels, she found out there were certain problems with
voting procedures for our military people and overseas support
personnel,” Stivers said.
The current process of getting forms and ballots to members of the
military serving overseas is “a very slow mechanism,” Stivers said.
“With Senate Bill 1, we modernize the system to a great extent.”
SB 1 would allow overseas voters to choose to receive their ballots via
fax, e-mail or another secure electronic transmission system. It would
require officials to send ballots at least 45 days before an election.
According to Stivers, the measure would bring the state’s absentee
voting procedures more in line with the federal process and would help
ensure individuals stationed overseas could cast their vote both timely
and accurately.
Under the bill, completed ballots would continue to be returned via
traditional postal mail or a delivery services company.
Some senators said that while they support SB 1, they’d prefer that it
also allow members of the military serving overseas to return completed
ballots by email. Stivers noted that language that would have allowed
ballots to be returned electronically was amended after county clerks
and others raised concerns about protecting ballot integrity and voter
anonymity.
Under SB 1, a Military and Overseas Voting Assistance Task Force would
study election laws and absentee ballot procedures relating to military
and overseas voters and complete a report by the end of November.
SB 1 now goes to the House of Representatives for consideration.
House panel approves amended pension bill
FRANKFORT—Revisions to a Senate pension bill that would help Kentucky
eventually reduce an estimated $30 billion in unfunded obligations to
its public pension systems has cleared the House State Government
Committee.
The amended version of Senate Bill 2 represents an effort “to do as much
as we can within this bill to ensure that the ARC (actuarial required
contribution) is funded,” said House State Government Chair Brent Yonts,
D-Greenville. State law requires the ARC be paid by the Kentucky General
Assembly, which Yonts said has underfunded the contribution to the state
retirement systems for 13 years by suspending the law.
“The system we need to put in place needs to provide certainty, needs to
be humane in its treatment of people, and it needs to be something that
will be doable. We can’t do the impossible,” Yonts said.
The proposed changes to SB 2 would:
n
Require the state pay the full ARC to the public pension systems (except
the teachers retirement system, which is funded separately) at a cost of
over $100 million to the state General Fund in the next budget cycle.
Where the funding would come from is not addressed in the proposed
changes, said Yonts, adding it will be addressed in a separate bill.
n
Instead of repealing cost of living raises—or COLAs— for retirees as
proposed by the Senate, the bill would allow a 1.5 percent COLA if
surplus funds are available and authorized by the General Assembly, or
the General Assembly pre-funds the COLA.
n
Provide the defined benefit plan available to those now in the state’s
public pension systems for new employees entering the system as of July
1, 2013 instead of switching to a hybrid cash balance plan as proposed
by the Senate.
n
Allow the General Assembly to modify for new employees hired as of July
1, 2013 provisions that require the state to provide retirees and
employees a pension based on the retirement benefit factor, contribution
rates, and eligibility requirements set in current law.
n
Ensure that any change in the employee contribution rate to the public
pension systems shall depend on the state, or the employer, paying the
full ARC for the previous five years.
This is “another guarantee that the full ARC will be paid,” Yonts
said.
n
Require hazardous duty workers in the state pension systems who retire
at 25 years to start drawing their pension at age 50, and change the
period of time for calculation of final compensation (two changes that
Kentucky Retirement System officials told the committee would save the
state money.)
Other changes made to SB 2 by the committee would address “spiking”—in
which an employee receives a bonus or “career advancement” to boost
their pension as they near retirement—by allowing the pension systems to
determine whether increased cost is from a bona fide promotion or a
career advancement, and set up an 11-member statutory oversight panel
that Yonts said would give the General Assembly broad oversight on
pension benefits, investments, funding, law, and other pension areas.
SB 2 as amended by the committee now goes to the full House for its
consideration.
This Week in Frankfort
22 Feb 2013 LRC PUBLIC INFORMATION
FRANKFORT -- Thirteen days in a Legislature – the working days left in
this one – can seem short but be a lifetime. Especially for issues that
have been on the table for months, if not years. Such issues can break
suddenly, be passed, and signed into law by the governor. Follow
Frankfort-in-session long enough, you’ll learn to live with being
surprised.
That conceded, the two toughest challenges posed this session – pension
reform and tax reform – are coming down to the final buzzer in March
looking for a couple of long three-pointers. Deeply vetted by special
task forces in the months before the session convened, both are pretty
clearly defined. Their issues, problems and points of contention are
known. Both are heavily pressed gubernatorial priorities. But
uncertainty still surrounds them as the scorer’s clock ticks down ever
louder on the 30-day Constitutional limit to this year’s regular
session.
Of the two, pension reform is a lot further along. While no bill on
broad tax reform has even been discussed yet in committee, pension
reform has passed one chamber and is under serious discussion by leaders
in the other. A House committee took up the issue this week.
The devil, though, is in the details as always. Most especially in this
case, funding.
Some background: There’s a claimed gap of as much as $30 billion between
money available in the system and benefits promised to public employees
in the state’s various plans, including plans for teachers, police and
firefighters, county employees, and the separate Kentucky Employees
Retirement System for other state workers. The plan for state workers
alone – the Kentucky Employees Retirement System – is said to be $19
billion in the hole.
These are estimates. But however you slice it, it’s a lot of money.
The Senate early on this session passed a potentially landmark bill to
revamp the scarily underfunded systems. It
calls for the state to chip in its full annual funding contribution by
2015, an actuarial first shovel to start filling the hole we’re in, and
creates what some are calling a ‘hybrid’ pension plan for future hires.
This would be similar to the 401K plan that has replaced many if not
most defined-benefit plans in the private sector nationwide, but with a
safety net; it guarantees participants a 4-percent return on their
contributions.
The Senate bill also repeals automatic annual cost-of-living
adjustments for retirees, though the Legislature could authorize COLAs
on a year-by-year basis if finances stabilize or improve and the need is
felt.
But the bill includes no specified funding stream, something
Senate leaders have said can best be dealt with in next year’s budget
session after passing the new framework now and signaling clear intent
to fund it when the next state spending plan is written.
One practical consideration virtually everyone acknowledges is,
short sessions like this one require a three-fifths supermajority to
pass any revenue bill. That restriction doesn’t apply to even-year
budget sessions or (perhaps portentously) to special sessions called by
the governor to deal with only specified topics. The Senate proposal (SB 2) was brought before the House State Government Committee Thursday, though no vote was taken. While House leaders said they’d like to deal with this issue during the regular session – with a floor vote maybe next week --they want to complete a cost study of the bill and have their own draft proposal in good order before moving the measure along.
Regardless of when or if that happens – now or in an increasingly
mentioned special session later -- House leaders disagree with deferring
the funding question. They say a mechanism must be in place before the
Legislature can commit to full actuarial funding. Plus, the idea of a
hybrid 401K-type plan to replace the current traditional plan has met
some resistance in that chamber.
This week, House leaders were said
to be reviewing as many as 16 options for raising the money. The latest
indications are the House is considering revenues from proposed Internet
keno, Instant Racing and -- especially -- a 6-percent sales tax on
lottery tickets, coupled with an expansion of games offered. All this,
of course, is unfolding and fluid. Regardless, the pension-funding question ties in – at least in the ongoing discussion -- with the session’s other ‘big’ issue, tax reform. That’s a subject whose prospects for full consideration (the package of 54 recommendations issued by the recent Blue Ribbon Commission on Tax Reform) look increasingly dim in the baker’s dozen days left till adjournment. And Senate leaders reiterated this week that pension funding should be considered separately from restructuring the system itself, in part because they say entangling the two and failing to reach agreement on structural changes now will just complicate any comprehensive tax-reform debate later.
For more information, contact
scott.payton@lrc.ky.gov
Editor’s Note: We remind you the Legislature welcomes and encourages
your participation, comments and questions. All proceedings are open to
the public. If a committee is taking up a bill you’re interested in,
come to Frankfort. Citizens are always welcome.
There are several easy ways you can stay in touch with your General
Assembly.
The Kentucky Legislature Home Page,
www.lrc.ky.gov,
provides information on each of the Commonwealth’s senators and
representatives, including phone numbers, addressees, and committee
assignments. The site also provides bill texts, a bill-tracking service,
and committee meeting schedules.
By going to The LRC Public Information eNews page,
www.lrc.ky.gov/pubinfo/listserv.htm, you can subscribe to frequent
e-mail updates on what’s happening at the Capitol.
In addition, the office has its own blog, Capitol Notes,
www.lrc.ky.gov/pubinfo/capitol_notes.htm, that will allow you to receive
legislative updates at your leisure.
You can also follow legislative action by phone with these toll-free
numbers:
·
A taped Calendar Line containing information on the next day’s
legislative committee meetings is updated daily at 1-800-633-9650.
·
To check the status of a bill, you may call the Bill Status Line at
1-866-840-2835.
·
To leave a message for any legislator, call the General Assembly’s
Message Line at 1-800-372-7181.
People with hearing difficulties may leave messages for lawmakers
by calling the TTY Message Line at 1-800-896-0305.
·
You may write any legislator by sending a letter with the lawmaker’s
name to: Capitol Annex, 702 Capitol Avenue, Frankfort, Kentucky 40601.
Panel approves military voting
bill
FRANKFORT – A bill that would simplify the absentee voting process for
Kentuckians serving in the military overseas unanimously cleared the
Senate Veterans, Military Affairs and Public Protection committee today.
Called the Uniform Military and Overseas Voter Act, Senate Bill 1,
sponsored by Senate President Robert Stivers, R-Manchester, would allow
members of the armed forces, their spouses and others currently serving
overseas to register to vote and request and receive an absentee ballot
electronically.
The bill would require overseas voters to choose to receive their
ballots via fax, e-mail or another secure electronic transmission
system. It would require
officials to send ballots at least 45 days before an election.
According to Stivers, the measure would bring the state’s absentee
voting procedures more in line with the federal process and would help
ensure individuals stationed overseas could cast their vote both timely
and accurately.
SB 1 “gives the Secretary of State and the local county clerks many
tools for expediting the process,” he said.
Secretary of State Alison Lundergan Grimes told committee members the
measure was needed to address issues such as lost or late ballots.
When asked how many overseas absentee ballots were rejected in
Kentucky’s 2012 general election, Grimes said ten percent, or
approximately 300, of the ballots returned were not counted for various
reasons.
“The reality is that despite many progressions forward in both federal
and state law and the best efforts by our local and military election
officials… there are still significant obstacles in the way of our men
and women in uniform to receive and return an executed absentee ballot,”
she said.
Under the bill, completed ballots would continue to be returned via
traditional postal mail but a study of electronic voting security would
be conducted in the 2013 interim.
Senate Bill 1 now goes to the full Senate for consideration.
February 19, 2013
HIV testing bill passes House, goes to Senate
FRANKFORT—A bill that would require those accused of sex crimes to
undergo HIV testing at the victim’s request within 48 hours of the
request passed the House today by a vote of 96-0.
House Bill 107, sponsored by Rep. Joni Jenkins, D-Shively, now goes to
the Senate for its consideration.
“In the aftermath of a sex crime, victims have a lot to worry about, and
HIV is at the top of their list,” said Jenkins, who worked for 10 years
as a rape crisis advocate in the Louisville area.
“Over those 10 years I held a
whole lot of hands,” she said.
HIV, or the human immunodeficiency virus, is the cause of acquired
immune deficiency syndrome—or AIDS—which causes severe damage to the
body’s immune system.
Jenkins’ bill would allow a sexual assault victim or his or her parent
or guardian, if the victim is under age 18, to request HIV testing any
time after a finding of probable cause following the defendant’s
preliminary hearing or indictment, according to the bill. Testing would
be ordered by the court for any person convicted of a sexual offense who
has not yet been tested, whether or not the victim requests it.
HB 107 will ensure sexual assault victims have “critical information”
that could save their lives, said Jenkins, adding that treatment for HIV
within 72 hours of infection can stem the virus’ progression into AIDS.
This Week in Frankfort
15 Feb 2013
FRANKFORT – Thirty-day legislative
sessions have their special rhythm, which contrasts vividly with
full-blown 60-day regular sessions. With no budget to write, no
re-election filing deadline looming at month’s end to make incumbents
wary of taking up controversial bills, and just half the time to get
stuff done anyway, the short session’s major issues usually break from
the gate quickly. We saw that dramatically last week – the first week
back from the normally scheduled recess after January’s four
organizational days -- when the Senate passed a complex and potentially
landmark bill to revamp the state’s badly underfunded retirement systems
for public employees. The Senate plan calls for
full annual funding of the systems by 2015, creates a new hybrid pension
plan for future hires reflecting the familiar 401K but with a guaranteed
4 percent return, and repeals automatic annual cost-of-living
adjustments for retirees. The bill includes no specified funding stream,
something Senate leaders say can best be discussed in next year’s budget
session. But some
House leaders disagree, and say funding assurances are needed now if the
Legislature is to commit to full actuarial funding.
This week, they were mulling options (including a cigarette tax
increase) before they take up the bill. A major complication is, revenue
measures in short sessions require a three-fifths majority to pass.
That’s an awfully steep hill and a big rock to push.
The House also moved quickly on its own top priority
the first week back, a bill to get a handle on the proliferation of
special taxing districts around the state (local entities that fund such
services as libraries and fire and sewer
districts). House Bill 1 would require central oversight, with
public accountability and transparency, in the operations of some 1200
such districts statewide. The bill would
create consistent rules for requiring districts to disclose and file
financial information. It also would impose penalties, including the
possible loss of state funds and audits, on those who don’t provide the
required information. The bill passed the House last Friday with only one dissenting vote. The session’s quick start was goosed along by the
fact, for the first session in years, there’s no revenue shortfall to
deal with. That fact alone generated momentum. So did changes in public
sentiment. Something
that would have been an explosive issue not many years ago – a
statewide ban on smoking in
all workplaces, including bars and restaurants – sailed through a House
committee the first week, and is now poised for possible full chamber
consideration. And once again this year, the House Education
Committee has passed a bill raising the school dropout age from 16 to 17
and finally 18 by the year 2018. The bill passed the full House 87-10 in
short order Thursday, and supporters expressed optimism that the idea –
which has failed previous attempts in the Senate – might fare better in
that chamber this year. In fact, the Senate Education Committee Thursday
passed its own version of a dropout-age bill, this one allowing – but
not requiring – individual districts to raise the age, at their
discretion and on their own timetable. We saw the quick start continuing this second week
when another Senate committee unanimously approved – and the full
chamber voted 31-6 to pass – a bill legalizing industrial hemp
production in Kentucky. Hemp is seen by advocates as a potential boon to
Kentucky’s flagging farm economy. Tobacco farmers, especially, could
make that transition easily, and need an alternate cash crop. Law enforcement officials, charged with eradicating
marijuana (a much stronger strain of the industrial hemp plant, which
has little of marijuana’s active ingredient THC) have opposed the bill.
The governor has echoed their concerns. House leaders have expressed
doubts about the true economic potential of hemp, and also noted the
law-enforcement objection. There’s also a hang-up to the bill itself, should it
pass and be signed into law: Kentucky would have to wait for Federal law
to catch up. The Feds still consider industrial hemp cultivation
illegal, something three members of Kentucky’s Congressional delegation
testifying in favor of the Senate bill told lawmakers this week they’re
working to change in Washington. Hemp is, clearly, a
still-evolving issue.
So here at week’s end, most of the session’s expected
issues are on the table and moving. But then again, it’s not unusual– in
either short or long sessions – for unexpected bills to explode onstage
like a stray firecracker someone overlooked. We saw that last session
when the radio was suddenly full of ads from an industry group opposed
to restrictions on pseudoephedrine, a common cold and allergy
decongestant (and precursor to cooking illegal meth).
This year, a little-noticed piece of
legislation (judging by mentions in pre-session news analyses, and
general pre-session chatter) is also suddenly on the radio a lot, this time
with ads actually urging support for a bill, Senate Bill 9. The bill
seeks to discourage what its supporters and the nursing home industry
call frivolous lawsuits that, they say, cost the facilities money that
could better be directed toward resident care,
After a spirited and sometimes emotional debate Wednesday, during which
one opponent showed graphic photos of nursing-home patients in distress,
the Senate approved the bill 23-12.
SB 9 would create a medical review panel to assess lawsuits alleging
abuse at nursing homes. It would consist of three doctors, mediated by
an attorney, who would review evidence in lawsuits brought against
long-term care facilities. That panel would then issue a finding on
whether there was a legitimate claim of neglect or abuse.
Nothing in the bill would actually prevent a lawsuit from going to
court. But the panel’s ruling on the complaint’s legitimacy would be
admissible evidence, presumably persuasive to the court. This,
supporters say, would discourage casual or unjustified lawsuits that
drain money from an already financially stressed industry.
The bill was sent on to the House, where its fate is uncertain. Leaders
there have characterized its journey through that chamber as likely to
be ‘a little rockier,’ though they say it has ‘some support.’ Despite rapid progress on many fronts as the session
nears its halfway point (after today, Friday, Feb 15, only 17 of its
allotted 30 working days are left), the elephant in the room, tax
reform, is still out there lurking, cloaked and unacted-upon. Even at
this relatively late hour, no comprehensive tax-reform bill is yet under
active committee discussion. Common wisdom has been all along that tax reform –
something the governor has pushed for strongly, and not next year but
this – might require him to call a later special session. In that
setting, there’s no time limit and the three-fifths rule doesn’t apply.
But that’s a story yet to be known or told. The only certainty is, time
is running short this regular session for an agreement of such
controversial complexity. --30--
For more information, contact
scott.payton@lrc.ky.gov
Editor’s Note: We remind you the Legislature welcomes and encourages
your participation, comments and questions. All proceedings are open to
the public. If a committee is taking up a bill you’re interested in,
come to Frankfort. Citizens are always welcome.
There are several easy ways you can stay in touch with your General
Assembly.
The Kentucky Legislature Home Page,
www.lrc.ky.gov,
provides information on each of the Commonwealth’s senators and
representatives, including phone numbers, addressees, and committee
assignments. The site also provides bill texts, a bill-tracking service,
and committee meeting schedules.
By going to The LRC Public Information eNews page,
www.lrc.ky.gov/pubinfo/listserv.htm, you can subscribe to frequent
e-mail updates on what’s happening at the Capitol.
In addition, the office has its own blog, Capitol Notes,
www.lrc.ky.gov/pubinfo/capitol_notes.htm, that will allow you to receive
legislative updates at your leisure.
You can also follow legislative action by phone with these toll-free
numbers:
·
A taped Calendar Line containing information on the next day’s
legislative committee meetings is updated daily at 1-800-633-9650.
·
To check the status of a bill, you may call the Bill Status Line at
1-866-840-2835.
·
To leave a message for any legislator, call the General Assembly’s
Message Line at 1-800-372-7181.
People with hearing difficulties may leave messages for lawmakers
by calling the TTY Message Line at 1-800-896-0305.
·
You may write any legislator by sending a letter with the lawmaker’s
name to: Capitol Annex, 702 Capitol Avenue, Frankfort, Kentucky 40601.
Human trafficking bill passes House, goes to Senate
FRANKFORT—The House passed legislation by a vote of 95-0 today that
would help victims of human trafficking in Kentucky receive treatment
and protection from possible criminal prosecution.
House Bill 3, sponsored by House Majority Caucus Chair Sannie Overly,
D-Paris, and Rep. Addia Wuchner, R-Burlington, includes several
provisions to help human trafficking victims by including them in the
state’s abuse and neglect statutes, offering them protective custody and
protection from prosecution for forced crimes (such as prostitution) and
by creating a victim assistance fund to help them.
Overly said human trafficking is believed to be “the fastest growing
criminal enterprise in the Commonwealth,” with children comprising
around 53 percent of human trafficking victims in Kentucky, according to
the group KY Rescue and Restore that worked on HB 3 with Overly and
Wuchner.
“What these advocates tell us is that these children are very resilient
and, with therapy, they can (recover),” Overly said.
HB 3 now goes to the Senate for its consideration.
Debt ceiling bill approved by Senate
FRANKFORT -- The Senate
unanimously passed a measure yesterday that would put a limit on the
amount of debt the state can incur.
Senate Bill 10, jointly
sponsored by Sen. Joe Bowen, R-Owensboro, and Senate Majority Floor
Leader Damon Thayer, R-Georgetown, would cap the Commonwealth’s bonded
indebtedness at six percent of General Fund revenues.
That is the generally accepted level used by bond rating
agencies.
“The fact of the matter is
the most important responsibility we have as elected officials is to be
good stewards of the taxpayers’ dollars.
This bill obviously helps us do that,” Sen. Bowen said.
Under the bill, the
legislature would not be allowed to exceed that amount except by a
majority vote in the event of a state of emergency declared by the
Governor.
The measure excludes debt
for universities, the Kentucky Housing Authority, and all other agencies
not using the General Fund, including the stand-alone Road Fund.
Senate Bill 10 now goes to
the House for consideration.
February 14, 2013
Industrial hemp bill heads to House
FRANKFORT – The Kentucky Senate approved by a 31-6 vote today a bill
that would regulate the growing of hemp in the state if the crop is
legalized by the federal government.
Senate Bill 50, sponsored by Sen. Paul Hornback, R-Shelbyville, would
make the state Department of Agriculture responsible for monitoring
industrial hemp. Farmers wishing to grow hemp in Kentucky would
register yearly with the department and would be required to submit to
criminal background checks before receiving a license to raise the crop.
According to Sen. Hornback, hemp is a good alternative to tobacco and
other crops and has been successfully grown in Kentucky in the past.
If legalized, the crop could also boost the state’s economy by
generating new jobs and revenue, he said.
Industrial hemp can be used in the production of ropes, fabrics,
plastics and a variety of other goods.
Hornback told lawmakers the measure would give Kentucky a market edge if
the crop is legalized federally.
“You have to be first to seize opportunities.
If you’re not first, you’re last,” Hornback said.
Currently, the growing of hemp is prohibited by federal law. U.S.
Sen. Rand Paul, R-Bowling Green, and U.S. Reps. John Yarmuth,
D-Louisville, and Thomas Massie, R-Vanceburg, told lawmakers earlier
this week they are working on legislation or a waiver to lift that ban.
Some expressed concerns that the regulation would put an undue burden on
law enforcement and other agencies enforcing marijuana laws since hemp
is similar to marijuana in appearance.
Under the bill, state and local law enforcement would receive
notification of licenses with exact GPS coordinates of hemp crop
locations, and would be allowed to inspect fields. Crops not used
for research purposes would be at least ten acres in size.
The bill also requires documentation from a licensed hemp grower when
transporting hemp from a field or other production site.
Senate Bill 50 now goes to the full House for consideration.
Coal county scholarship bill clears House Education panel
FRANKFORT—A bill approved today by the House Education Committee would
create a scholarship and grant program to help college juniors and
seniors from Kentucky’s coal counties attain four-year college degrees.
House Bill 210, introduced and sponsored by Rep. Leslie Combs,
D-Pikeville, would offer scholarships to students from the state’s 34
coal-producing counties in eastern and western Kentucky who attend
school in those counties through the “Kentucky Coal County College
Completion Program” to be established by the bill. The aid would be
funded with coal severance tax dollars that Combs has said could begin
in the 2014-2016 state budget cycle.
Nine Eastern Kentucky coal counties currently offer scholarships to
local students who attend college or university in those counties under
an executive order signed last year by the governor. HB 210 would make
that program statutory, while expanding it to the other 25
coal-producing counties in Kentucky.
Maximum scholarship awards under HB 210 would be $6,600 per academic
year per student at nonprofit, independent institutions, $2,200 per year
per student at state university extension campuses or eligible regional
centers, and $3,300 per year for students seeking a degree at a school
outside the region, if the degree program is not offered in the region.
Grants totaling up to $150,000 would also be created by HB 210. The
grants would go to community and technical colleges located in the coal
regions for outreach to two-year students who may be considering
four-year degrees.
HB 210 now returns to the full House for consideration. February 12, 2013
School safety legislation approved by Senate
FRANKFORT -- Kentucky school districts would be required to maintain
emergency management plans under a bill unanimously passed by the Senate
today.
Based on recommendations from the Kentucky Center on School Safety,
Senate Bill 8, sponsored by Sen. Mike Wilson, R-Bowling Green, would
require school administrators to meet with local first responders to
create multi-faceted emergency management response plans and update the
plans annually. School staff would be briefed on the plans annually as
well.
“School safety and security involves so much more than just locking the
school down. It involves
preparation,” Sen. Wilson said.
The bill would require severe weather, fire, lockdown and other safety
drills to be completed in the first 30 days of the school year and again
in January. It includes
recommendations for securing school buildings.
Under the measure, a school’s emergency management plan would not be
made public and would not be subject to open records laws.
The bill now goes to the House for consideration. February 12, 2013
Online wagering bill approved by House panel
A 0.5 percent tax would be assessed on advance deposit account wagers
made by Kentucky residents on horse races under a bill that cleared the
House Appropriations and Revenue Committee today.
House Bill 189, sponsored by House Speaker Pro Tempore Larry Clark,
D-Okolona, and Rep. David Osborne, R-Prospect, now goes to the full
House for consideration. The legislation is expected to generate as much
as $600,000 in tax revenue which would be divided between the state
General Fund (15 percent) and the race track or association that held or
hosted the race (85 percent).
“The fiscal note shows it’s about $300,000 to $400,000,” Clark said of a
revenue estimate attached to the bill that indicates possible revenue
that the bill would generate from advance deposit wagering companies.
“We think the revenue may be closer to $600,000, with some of the
preliminary reports we got.”
Most advance deposit account wagering takes place on internet gambling
sites, according to the revenue note attached to HB 189.
Graduation bill clears House Education panel
FRANKFORT—A bill that would raise the school dropout age in Kentucky
from 16 to 18 passed the House Education Committee this morning.
House Bill 224, sponsored by House Banking and Insurance Chair Jeff
Greer, D-Brandenburg, and Rep. Reginald Meeks, D-Louisville, would raise
the dropout age gradually by increasing the compulsory attendance age
from 16 to 17 on July 1, 2017 and from age 17 to 18 on July 1, 2018.
Similar legislation has been filed in the Kentucky General Assembly for
over a decade but has never become law.
“We need to send a message to all parents in the state that education is
important and graduation is important. I think it’s a change of culture
that this bill will lead to,” said House Education Committee Chair Carl
Rollins, D-Midway.
Kentucky’s current dropout age of 16 was set in 1920 when “education
wasn’t as highly regarded as it is today,” Greer said. He added that a
high school diploma is required to join the U.S. military and to find
work in most jobs. But some lawmakers on the committee, including Rep.
Ben Waide, R-Madisonville, expressed concern with the bill, saying only
five states that have raised their dropout age have had “any appreciable
increase” in graduation rates, and that the bill will cost money.
Kentucky Education Commissioner Dr. Terry Holliday said a drop in
kindergarten enrollment in the next few years resulting from changes to
the kindergarten starting age made by the 2012 General Assembly will
protect guaranteed base funding, or SEEK funds, for high schoolers who
stay in class until age 18. And while he agreed that raising the dropout
age alone won’t increase graduation rates, he said it is part of a
“comprehensive approach” that will impact those rates.
HB 224 now goes to the House for further consideration.
Bill to allow certain felony records to be sealed clears House, 78-19
FRANKFORT—A bill that passed the Kentucky House by a 78-19 vote today
would allow a court to expunge the criminal record of certain low-level
felons who have served their time.
House Bill 47, sponsored by House Elections, Constitutional Amendments
and Intergovernmental Affairs Committee Chair Rep. Darryl Owens,
D-Louisville, would only apply to persons convicted of Class D felonies
in Kentucky who have no prior felony conviction, no charges pending, and
no criminal record other than traffic violations in the past five years.
Sex offenders and those convicted of child or elder abuse could not have
their records expunged.
If the bill becomes law it would also allow Class D felons whose records
are expunged to carry a firearm legally.
“A lot of people have made mistakes,” Owens said when presenting his
bill on the House floor.
Among those voting in favor of the bill were Rep. Tim Moore,
R-Elizabethtown, a co-sponsor of HB 47 who said he asked to be a
cosponsor of the legislation “because I believe in redemption and a
second chance.” Allowing eligible Class D felons to petition the court
to have their record removed from public view will help them find work
post-incarceration, he said.
Expungement is already allowed under Kentucky law for certain
misdemeanor convictions arising from a single incident.
HB 47 now goes to the Senate for consideration.
Panel approves industrial hemp
bill
FRANKFORT – A bill that would regulate industrial hemp crops in Kentucky
if the crop is legalized by the federal government received unanimous
support of the Senate Agriculture committee today.
Senate Bill 50, sponsored by committee chair Sen. Paul Hornback,
R-Shelbyville, would make the state Department of Agriculture
responsible for monitoring industrial hemp.
Farmers wishing to grow hemp in Kentucky would register with the
department and submit to criminal background checks before receiving
licenses. Licenses would be
renewed yearly.
Industrial hemp can be used in the production of ropes, fabrics,
plastics, cosmetics and other merchandise.
Kentucky Agriculture Commissioner James Comer told committee members
industrial hemp would be a good alternative to tobacco and other crops
and could boost the state’s economy if it is legalized.
Currently, the growing of hemp is prohibited by federal law.
U.S. Sen. Rand Paul, R-Bowling Green, and U.S. Reps. John Yarmuth,
D-Louisville, and Thomas Massie, R-Vanceburg, said they are working on
legislation or an exemption for the Commonwealth that would lift that
restriction.
According to Comer, Senate Bill 50 would put a framework in place to
responsibly track and monitor hemp production in the state if that
happens.
Under the bill, state and local law enforcement would receive
notification of licenses with exact GPS coordinates of hemp crop
locations. Crops not used
for research purposes would be at least ten acres in size.
The bill also requires documentation from a licensed hemp grower when
transporting hemp from a field or other production site.
According to Sen. Hornback, the measure would allow Kentuckians to get a
jump on the market of legalized hemp production, including the jobs and
revenue it would generate.
“It’s not very often we get the opportunity to put our Commonwealth in a
position to take advantage of an opportunity.
If you sit around and wait… you’re going to miss out…
I think we have to be first,” he said.
Senate Bill 50 now goes to the full Senate for consideration.
February 11, 2013
Senate and House to recognize
KET founding director as Hellard Award winner FRANKFORT -- O. Leonard
Press, who conceived and struggled for years against long odds to get
funding for Kentucky Educational Television and was its founding
director, will be in Frankfort Wednesday to formally receive the
Legislature's highest honor. Press had earlier been named recipient of
the 2012 Vic Hellard Jr. Award for Excellence in Public Service, named
for the longtime LRC director who died in 1997. The 92-year-old Press and
his wife Lillian will visit each chamber for the formal presentation of
the award, given annually since Hellard's death to a distinguished
Kentuckian who embodies the special qualities Hellard himself brought to
public service.
This Week in Frankfort
FRANKFORT -- ‘Ambitious’ has been a mild descriptor of the common wisdom
about what’s in store for this year’s short-session agenda.
Consider just two issues:
Tax reform:
Here, everywhere and throughout the history of representative
government, raising revenue—or even just changing parts of the tax
structure and calling it revenue neutral -- faces stiff political
headwinds. A Blue Ribbon Commission on Tax Reform met last year and
recommended ways to bring Kentucky’s tax structure in line with what it
identified as current state revenue needs and 21st Century
economic realities. Many such panels have met in the past; there’s been
little or no notable success in getting their recommendations enacted.
Roll a boulder up a hill, watch it roll back down. Beyond that, though, sheer practical considerations compound the fact that tax reform designed to raise additional revenue – as the Commission’s proposal does, to the tune of $659 million per year -- faces uphill prospects this winter. Not only is this an awfully short session to undertake such a
Herculean task (the Commission recommended
54 changes to the state tax code, including both tax hikes and cuts),
the rules governing an odd-year sessions require a supermajority of 60
percent in each chamber to pass any tax measure. Even-year sessions and
– importantly – special sessions have no such requirement, something the
governor has indicated he may resort to. He has said clearly he wants
tax reform (and pension reform) acted on this year. Whether that happens
or not is, of course, the Legislature’s final prerogative. Only the
governor can call a special session. But only the Legislature can pass
bills Pension reform: A Gordian
knot of a problem involving a claimed gap of as much as $30 billion
(some say less, around $18 billion) between money available in the
system and benefits promised to public employees in the state’s various
plans. The Senate this week – on a strong bipartisan vote of 33-5 --
passed a pension-reform bill based on the recommendations of yet another
task force, The plan would, among other things,
move new state hires into a hybrid pension
plan, similar to the 401K plans common virtually everywhere nowadays,
replacing the current defined-benefits plan but with a guaranteed return
of 4 percent yearly. Automatic cost-of-living increases for all retirees
would be repealed. (The COLA is currently suspended anyway, and could be
restored in the future if finances improve). Funding for the Senate reforms remains a
question, though, which (again) might wait till a special session the
governor may call, or next year’s full budget session. And remember, the
House still gets its turn to consider the issue. Then the two chambers
have to work out differences in their bills. And time is short. While the regular session will certainly end on schedule after its Constitutionally allotted 30 working days, the governor implied strongly in his State of the Commonwealth speech and other comments this week and earlier that he wants pension reform, along with tax reform, resolved this year.
Either of those, if passed, would be considered landmark, capstone
achievements for even a full 60-day session. In this compressed off
year, the challenge of dealing with them both is formidable. Only 22
working days remain this winter. It’s fair to say one or both issues
might spill over in whole or part into future consideration, though both
will certainly get serious discussion as time ticks down – especially
pension reform, which a sense of great urgency surrounds, and is already
in a bill that has passed one chamber successfully and is loose in the
process
Aside from those extraordinary issues, mind-boggling in their complexity
and long-term implications, what might be considered ‘normal’ issues are
either likely or possible for action over the next few weeks.
Legislative redistricting, struck down by the courts last year, remains
unresolved but also deferrable since there are no legislative elections
this year. Leaders differ whether to attempt it this session.
Getting a handle on the proliferation of special taxing districts
statewide has emerged as a major priority, with a strong push toward
requiring accountability and public transparency in their finances and
spending.
Also considered likely as is some tweaking of last session’s
‘pill mill bill,’ – designed to get a handle on Kentucky’s
prescription-drug abuse epidemic -- which a number of legitimate doctors
and patients have found unduly onerous in some of its particulars.
The House
Health and Welfare Committee this week approved a bill that would ban
smoking statewide in all indoor workplaces and public places, including
restaurants and bars. There’s a long and winding road between committee
approval of a bill and the governor signing it into law. But if that
happens, Kentucky will join 29 other states with statewide smoking bans
in enclosed public places.
In all, this session – and maybe this year – holds its
uncertainties and possible surprises close to the vest, as February and
the winter’s short, hard work begin. This will, even more than usual, be
a session worth close attention.
Toward that end, we remind you the Legislature welcomes and
encourages your participation, comments and questions. All proceedings
are open to the public. If a committee is taking up a bill you’re
interested in, come to Frankfort. Citizens are always welcome.
There are several easy ways you can stay in touch with your General
Assembly.
The Kentucky Legislature Home Page,
www.lrc.ky.gov, provides information on each of the Commonwealth’s
senators and representatives, including phone numbers, addressees, and
committee assignments. The site also provides bill texts, a
bill-tracking service, and committee meeting schedules.
By going to The LRC Public Information eNews page,
www.lrc.ky.gov/pubinfo/listserv.htm, you can subscribe to frequent
e-mail updates on what’s happening at the Capitol.
In addition, the office has its own blog, Capitol Notes,
www.lrc.ky.gov/pubinfo/capitol_notes.htm, that will allow you to
receive legislative updates at your leisure.
You can also follow legislative action by phone with these toll-free
numbers:
·
A taped Calendar Line containing information on the next day’s
legislative committee meetings is updated daily at 1-800-633-9650.
·
To check the status of a bill, you may call the Bill Status Line at
1-866-840-2835.
·
To leave a message for any legislator, call the General Assembly’s
Message Line at 1-800-372-7181.
People with hearing difficulties may leave messages for lawmakers
by calling the TTY Message Line at 1-800-896-0305.
·
You may write any legislator by sending a letter with the lawmaker’s
name to: Capitol Annex, 702 Capitol Avenue, Frankfort, Kentucky 40601.
Special districts tracking bill passes House, heads to Senate
FRANKFORT—The Kentucky House voted 96-1 today to require special taxing
districts and similar entities to provide their administrative and
financial information to the state to be posted online.
House Bill 1, sponsored by Speaker Greg Stumbo, D-Prestonsburg, would
require the state’s more than 1,200 special districts to submit the
information to the Department for Local Government (DLG) to be placed in
an online registry to make the districts more transparent and
accountable to taxpayers. State Auditor Adam Edelen estimates that the
special districts spend around $2.7 billion in public money per year.
“This is not a bill that’s in response to bad conduct,” Stumbo said.
“House Bill 1 sets up and clarifies the reporting requirements and the
auditing standards. It adds teeth to compliance. It establishes
education and ethics provisions. … It’s a step in the right direction to
bringing some sanity to how statutes interact.”
Informed consent bills approved by Senate
FRANKFORT -- Two measures
that would change the informed consent process for the abortion
procedure in Kentucky were approved by the Kentucky Senate today.
Senate Bill 4, sponsored by
Sen. Jimmy Higdon, R-Lebanon, and President Pro Tempore Katie Stine,
R-Southgate, would require a woman seeking an abortion to provide
informed consent during an in-person meeting with a physician, nurse or
social worker.
According to Higdon, the
informed consent process required under current law is sometimes
conducted through a pre-recorded phone message.
SB 4 would better allow a woman the opportunity to have any
questions she may have about the procedure answered, he said.
Senate Bill 5, sponsored by
Sen. Paul Hornback, R-Shelbyville, would add an ultrasound to the
informed consent process required for an abortion.
According to Hornback, ultrasounds are a common part of many
abortion procedures already.
Under provisions of SB 5,
the woman could choose not to look at the ultrasound images, but the
physician would be required to verbally describe them.
Opponents of the bills were
concerned about the added financial expense to women of the additional
medical visit required by the bills, and questioned the necessity of a
face-to-face meeting rather than communicating through phones or other
technology.
Both bills were approved by
31-4 votes and now go to the House for consideration.
Pension reform bill clears Senate
FRANKFORT – A bill aimed at easing the state’s public pension debt was
approved in the Senate yesterday by a 33-5 vote.
The state’s pension systems administer benefits to more than 325,000
current and former public employees.
Some estimates say the systems are facing a combined $30 billion
unfunded liability.
“This issue affects every Kentuckian…It continues to eat away at our
ability to deliver the services and policies that all Kentuckians expect
from us,” Senate Majority Floor Leader Damon Thayer, R-Georgetown, said.
In an effort to pay down that debt, Senate Bill 2, sponsored by Thayer,
would require the Commonwealth to contribute the full amount recommended
by actuaries to the pension system each year beginning in fiscal year
2015. Currently, the state
is scheduled to pay three-fifths of the actuarially required
contribution (ARC) that year.
To provide immediate relief to government budgets, the measure would
extend the pay-back period for the debt from 26 to 30 years.
Other provisions in the bill would prohibit public employees from being
re-employed with the state for up to two years after retirement and
would repeal annual cost-of-living adjustments provided to retirees.
Thayer said the increase had been suspended during previous
budgets and could still be reinstated in future budgets.
While the bill would not affect the Kentucky Teachers Retirement System
and would not change benefits received by current and former state
employees, it does propose a new hybrid cash balance plan for future
public workers.
Different from the state’s current defined-benefit plan and a
traditional 401(k), the shared-risk plan would guarantee new employees a
four percent return on contributions.
A quarter of returns over four percent would go to the state’s
fund.
Senate Bill 2 mirrors the plan adopted by the Task Force on Kentucky
Public Pensions in November.
The 14-member task force, co-chaired by Thayer and comprised of members
of both chambers, met with state and national pension funding experts
during the interim.
The bill now goes to the House for consideration.
Statewide smoking ban bill passes House committee
FRANKFORT—The House Health and Welfare Committee today approved a bill
that would ban smoking statewide in all indoor workplaces and public
places, including restaurants and bars.
House Bill 190, sponsored by Rep. Susan Westrom, D-Lexington, and Rep.
Julie Raque Adams, R-Louisville, now goes to the full House for its
consideration. If it becomes law, Kentucky will join the list of 29
other states with statewide smoking bans in enclosed public places.
Workers and the public need more protection from smoking, which costs
Kentucky employers $3.8 billion a year in lost productivity due to
illness and smoking related problems, Westrom said.
Adams said workers currently exposed to cigarette smoke shouldn’t “have
to choose between their paycheck and their health.”
The state’s Medicaid program alone spends nearly $500 million a year on
smoking-related illnesses, Westrom added.
HB 190 includes an exception from the ban for smoking rooms in airport
or other large public facilities, although the smoking would only be
allowed in designated freestanding areas with separate ventilation.
A portion of HB 190 would be designated the “Smokefree Kentucky Act” if
the bill becomes law.
Bill to improve tracking of special districts clears House panel
FRANKFORT—Kentucky’s special taxing districts would be required to
submit data about who they are and how the money they raise is spent
under legislation approved by the House Local Government Committee
today.
House Speaker Greg Stumbo, D-Prestonsburg, the sponsor of House Bill 1,
told the panel that his legislation is designed to bring transparency to
how taxpayers’ money is being spent while ensuring continuity of
services to Kentuckians. He has worked on the legislation and presented
the bill with State Auditor Adam Edelen, who has reported that Kentucky
has over 1,200 special districts that spend $2.7 billion of public money
per year.
“If you look at the magnitude of these special districts… it is
remarkable that we’ve had so few problems with them. That’s a testament
to the fine Kentuckians who serve all across the Commonwealth on the
library boards, the water boards, and all the special district boards,”
Stumbo said.
“This is not something that is a
reaction to bad conduct,” Stumbo said, adding that a special district
may not be completely aware of what is expected of them by the state.
“This is an attempt to clarify (by law) to make sure that they have a
clear path as to what reporting requirements they need to make…and just
a way to simplify this very complicated and convoluted series of laws
that have developed in our statutes dealing with special districts over
the past number of years.”
Public libraries, EMS boards, water districts and fire districts are all
examples of special districts, which are found in 117 counties
statewide. Edelen said taxpayers in those counties pay more to special
districts than they do in local property tax. He also said special
districts in Kentucky hold twice the amount of cash reserves as the
state’s 174 public school districts, or approximately $1.4 billion.
HB 1 would define special districts and similar entities as “special
purpose government entities” for reporting and auditing purposes. The
entities would be required to report who they are, what they do, and
their finances to the state Department for Local Government, which would
put that data online in a centralized registry for public viewing.
Entities that do not submit the required data would be subject to an
audit at their own expense, Edelen said.
The legislation would also establish education and ethics rules to
ensure that the newly-defined special purpose government entities are
putting taxpayer money to good use, and make it easier for defunct
or inactive entities or entities that “choose to go outside the
process,” as Edelen said, to be dissolved by law.
Special districts and similar entities would have to register with the
Department for Local Government by the end of this year under HB 1,
Edelen said. The centralized registry would go online in the fall of
2014.
Committee approves pension reform
bill
FRANKFORT – The Senate State and Local Government Committee unanimously
approved a proposal today aimed at paying down public pension debt and
creating a new retirement plan for future employees of the state.
Senate Bill 2, sponsored by Senate Majority Floor Leader Damon Thayer,
R-Georgetown, mirrors the eight-point proposal adopted by the Task Force
on Kentucky Public Pensions in November.
The task force, co-chaired by Sen. Thayer, met during the interim
to discuss ways to address the estimated $30 billion unfunded liability
faced by Kentucky Retirement Systems.
The bill would require the Commonwealth to pay the full actuarially
required contribution (ARC) to the pension system by fiscal year 2015.
Currently, the state is scheduled to pay 61% of the ARC that
year.
According to Sen. Thayer, that higher level of funding is needed to
sustain the pension system long-term.
“For us, the math quite simply doesn’t add up.
If we don’t do something our pension system is going to be
insolvent in as little as four years,” Thayer said.
Other provisions included in the bill would repeal the current
cost-of-living adjustments provided to retirees.
Lawmakers pointed out that the adjustment had been suspended
during previous budgets and could still be reinstated in future budgets.
To help provide short-term relief, the proposal would reset the
amortization period for payment of the unfunded liability from 26 years
to 30 years.
Under SB 2, pension benefits for new hires would be calculated in a
hybrid shared-risk plan. New
employees would be guaranteed a four percent annual return on
contributions, while a quarter of returns over four percent would go to
the state’s funds.
Supporters of the hybrid cash balance plan say the option is more
predictable and sustainable than the defined benefit plan currently
provided to public employees and retirees.
The bill now goes to the full Senate for consideration.
Bill to allow university-financed building projects clears House A&R
FRANKFORT—A bill to authorize six of Kentucky’s state universities to
issue agency bonds, and assume the debt, for 11 specific building
construction projects at a collective cost of approximately $363 million
has cleared the House budget committee.
House Bill 7, sponsored jointly by House Speaker Greg Stumbo,
D-Prestonsburg, and House Appropriations and Revenue Committee Chairman
Rep. Rick Rand, D-Bedford, was approved by Rand’s committee this
morning. The bill now goes to the full House for consideration.
The projects would be funded by the universities’ own revenue streams,
not state dollars, according to the bill.
The bill would authorize agency bonding for three projects at the
University of Kentucky, three at Murray State, two at Northern Kentucky
University, and one each and Morehead State, the University of
Louisville, and Western Kentucky University, according to UK President
Eli Capilouto who reiterated that the projects must be self-financed
with the universities’ own revenues. The projects must also fill an
urgent need to meet the universities’ goals of student success and
retention, begin in the next calendar year, and not rely on state
funding in future budget cycles, Capilouto said.
The projects include:
n
Renovation of Mignon Residence Hall at Morehead State University;
n
Renovation of Hester Hall, renovation of housing and dining facilities
and upgrade of the sprinkler system at College Courts at Murray State
University;
n
Renovation and expansion of Albright Health Center and acquisition and
renovation of a new residence hall at Northern Kentucky University;
n
Renovation and expansion of Commonwealth Stadium and Nutter Training
Center, construction of an academic science building, and expansion of
Gatton College of Business and Economics at the University of Kentucky;
n
Expansion of the Student Activities Center at the University of
Louisville;
n
Construction of the Honors College facility at Western Kentucky
University.
Judiciary panel hears
of savings under 2011 criminal justice reforms
This
Week in Frankfort
FRANKFORT – In other words: When opportunity comes, grab hold.
Every legislative session has its moods, it expectations, its hopes,
fears, certainties and – always – surprises. But the 2013 session,
unlike any of the last six and most of the last ten, convened this week
without any need to write or say the phrase ‘budget shortfall,’ a
coupling so common we just expect to hear it each January like corks
popping at New Year’s, with all its associated ‘shallows and miseries’
Normally, that’s followed with grisly warnings of budgetary
clear-cutting and ominous words like Draconian.
And while Kentucky hardly rides a full sea this year financially, it’s
not scraping the shallows either. We’re fiscally stable for the moment.
Revenues so far this biennium have held to projections, as the weak
economic recovery seemingly continues (something December’s
just-released revenue figures confirmed). A major mid-course budgetary
correction in the off-year session doesn’t seem likely this time around.
That’s not to say we’re flush. Worries persist about a possible
double-dip recession. Programs, agencies, universities and others still
feel the sting of earlier cuts (the Administration says it’s
cut about $1.6 billion out of spending over the last 4 ½ years). And
it’s fair to say uncertainties lurk as elements of Obamacare and new
national tax and economic policies kick in.
But the lack of an immediate state budget crises – combined with a year
of no elections -- gives this session breathing room to ‘take the
current’ Shakespeare’s Brutus cites in the quote above. It gives
lawmakers space to at least part the curtains on longer-term money
issues, deep and scary and in need of hard fixes: The public-employee
pension system, which by some estimates carries a $30-billion unfunded
liability, and Kentucky’s tax code, what critics call a cobbled-together
relic of the 1950s that isn’t much tethered to 21st Century economic
reality.
Both issues were studied in depth by task forces during the recent
interim; both groups submitted recommendations to the Legislature. Both
issues will almost certainly get heavy discussion in the Capitol this
winter. But whether they either can or will be acted upon during this
year’s abbreviated 30-day session is – just as a practical process
matter -- problematic. While
lawmakers have a clear field for a change, it’s also a shortened one
with tougher rules.
Not only are pensions and taxes hugely complex issues in their own
right, tax matters in an off-year session require a voting
supermajority. That’s 60 in the House, 23 in the Senate. Serious mention
has been made of a special session or sessions later this year, isolated
on one or both those questions. A sense of urgency – especially about
pensions – is palpable in Frankfort, though.
Other issues too will get their turn during the regular winter’s work.
Once again this year, a governor who ran on and was elected twice
calling for expanded gaming in Kentucky only to meet with no success may
again push for a constitutional amendment allowing casinos in the state.
But again, a 30-day session is a mighty short time frame for such a
controversial proposal, especially competing for attention with separate
discussions of tax and pension reform.
Legislative redistricting, struck down by the courts last year, remains
live and unresolved and challenging as ever, but also deferrable since
there are no legislative elections this year. Legislative leaders are
split on tackling it this winter, and the governor has asked that it not
be. Other more traditional issues, though,
could get a thorough airing and action this year. Getting a handle on the proliferation of
special taxing districts statewide, raising the school dropout age to
18, ironing out complaints about last session’s ‘pill mill bill,’ fixing
problems with Medicaid managed care, and possible legalization of
industrial hemp are all on the table.
As at the beginning of any odd-year session, organizational matters were
handled first.
Leadership was selected and committee chairs and members and chairs
named. Trainings were held.
In the Senate, Sen. Robert Stivers, R-Manchester, and Sen. Katie Kratz
Stine, R-Southgate, were elected by the full chamber to serve as Senate
President and President Pro Tempore, respectively.
In the House, Speaker Greg Stumbo, D-Prestonsburg, and Speaker Pro
Tem Larry Clark, D-Louisville, retained that chamber’s top jobs
In addition, both parties elected their own caucus leaders.
Senate Republicans chose Sen. Damon Thayer of Georgetown as their
Majority Floor Leader, Sen. Dan Seum of Fairdale as Caucus Chair, and
Sen. Brandon Smith of Hazard as Whip.
Senate Democrats re-elected Sen. R.J. Palmer of Winchester as their
Minority Floor Leader, Sen. Johnny Ray Turner of Prestonsburg as Caucus
Chair, and Sen. Jerry Rhoads of Madisonville as Whip.
House Democrats re-elected Rep. Rocky Adkins of Sandy Hook their
Majority Floor Leader, chose Rep. Sannie Overly of Paris (the first
woman elected to House leadership) as Caucus Chair, and retained
Rep.Tommy Thompson of Owensboro as Whip.
House Republican re-elected Rep. Jeff Hoover of Jamestown as their
Minority Floor Leader, Rep. Bob DeWeese of Louisville as Caucus Chair,
and chose
Rep. John ‘Bam’ Carney of Campbellsville as Whip.
After its customary short-year break after four days of organizing this
week, the Legislature returns to Frankfort Feb. 5 for the duration, 26
working days ending in late March.
For more information, contact scott.payton@lrc.ky.gov
NOTE: The Legislature welcomes
and encourages your comments and questions. There are several easy ways
you can stay in touch with your General Assembly.
The Kentucky Legislature Home Page,
www.lrc.ky.gov, provides information on each of the Commonwealth’s
senators and representatives, including phone numbers, addressees, and
committee assignments. The site also provides bill texts, a
bill-tracking service, and committee meeting schedules.
By going to The LRC Public Information eNews page,
www.lrc.ky.gov/pubinfo/listserv.htm, you can subscribe to frequent
e-mail updates on what’s happening at the Capitol.
In addition, the office has its own blog, Capitol Notes,
www.lrc.ky.gov/pubinfo/capitol_notes.htm, that will allow you to
receive legislative updates at your leisure.
You can also follow legislative action by phone with these toll-free
numbers:
·
A taped Calendar Line containing information on the next day’s
legislative committee meetings is updated daily at 1-800-633-9650.
·
To check the status of a bill, you may call the Bill Status Line at
1-866-840-2835.
·
To leave a message for any legislator, call the General Assembly’s
Message Line at 1-800-372-7181.
People with hearing difficulties may leave messages for lawmakers
by calling the TTY Message Line at 1-800-896-0305.
·
You may write any legislator by sending a letter with the lawmaker’s
name to: Capitol Annex, 702 Capitol Avenue, Frankfort, Kentucky 40601.
January 9, 2013
Citizens have many ways to
follow legislative action
FRANKFORT – With the convening of the General Assembly’s 2013 session,
citizens once again are welcome to observe their government in action
from the legislative chamber galleries. But those unable to make the
trip to Frankfort have many ways to stay in close touch with the
legislative process.
December 18, 2012 KET pioneer O. Leonard Press named 2012 Hellard Award recipient
FRANKFORT
-- O. Leonard Press, Founding Director of Kentucky Educational Television
and nationally acclaimed pioneer in bringing classroom and civic education
to Kentuckians through the nascent medium of public TV, has been named
recipient of the 2012 Vic Hellard Jr. Award for excellence in public
service. The
Hellard Award, the highest honor the Legislature can bestow, has been
given annually since 1997. Press was chosen for this year's honor by the
16-member legislative leadership that comprises the Legislative Research
Commission. The
award's namesake, Vic Hellard Jr., was executive director of the LRC staff
for 19 years. The honor goes each year to someone who embodies the
professional vision and unique personal qualities that Hellard brought to
his own long and distinguished career. In
announcing Press’ selection, legislative leaders noted that Len –
as everyone knows him -- has throughout his working and personal life met
those lofty criteria perfectly. ‘Len
is an ideal candidate for the Hellard Award,’ said House Speaker Greg
Stumbo, D-Prestonsburg. ‘He is, as Vic was, someone who truly
respects history and how its lessons can help us make a better future.
He has never been satisfied with the status quo, and has always looked for
ways we could make the world better. Kentucky is in a much better
place because of him.’ Senate
Majority Leader Robert Stivers, R-Manchester, agreed. ‘Like Vic, Len
Press has always championed the dignity and potential of all. Like Vic
too, he has devoted his considerable energies to direct engagement and
two-way dialogue between the people and their government – especially
the Legislature, the Peoples’ Branch -- all in a spirit of commitment,
caring, generosity and humor.’ Press’
long life and career (he just turned 91) are historically remarkable. A
Lowell, Massachusetts native, what he often calls his life’s
‘geography of opportunity’ led him from a Depression-era upbringing
through service in World War II to various jobs in radio broadcasting in
the Northeast, and the emerging and revolutionary medium of television.
Eventually, the ‘branching paths’ of his career’s ‘geography’
led him to Kentucky. ‘I was intrigued by seeing another part of the
country,” he recalls. He originally came to teach at UK for just one
year. But a visit to a poor underserved mountain school gave birth to a
vision. "Across
Kentucky, I saw the heroic struggle to provide equal education thwarted by
the barrier of unequal resources,’ he said once. ‘It was essential
that we harness the power of television to assure the education and
enrichment of our people so they would have every possible opportunity. We
could not afford to accept less" That
driving vision kept him here. After 10 years of hard, personal lobbying
for what some in Frankfort called a pipe dream, Kentucky Educational
Television went on the air in 1968, statewide in reach, boundless (it
proved) in potential. Under
Press, KET quickly outgrew being simply ‘educational TV’ bringing
classes to poor rural schools. It evolved dramatically to become a
unifying force in Kentucky life, drawing the far-flung Commonwealth
together through one statewide public-affairs network. KET defined, from
the mountains of the East to the lake country of the West, what it meant
to be ‘a Kentuckian.’ In fact, for several years ‘Bringing Kentucky
Together’ was the network’s tagline. Press’
innovative 1978 decision to bring coverage of General Assembly sessions to
every hill, holler, flatland farm and town and city of the state played a
key role in fostering the era’s fledgling Legislative Independence
Movement. KET’s nightly coverage brought the Legislature into folks’
living rooms, enhanced its institutional stature and professionalism, and
helped cement its status as a co-equal branch of government. Legislative
independence was Hellard’s passion, and Press was a key ally in that
fight. Current
LRC Director Robert S. Sherman said his old mentor Hellard would surely be
pleased with this year’s selection, citing the ‘historic connection’
the two men shared. ‘Len
Press, through his groundbreaking KET coverage, lent a welcome hand to Vic
and the Legislature in the early days of legislative independence, a time
when the outcome of that struggle was far from certain,’ Sherman said.
‘He is a welcome and absolutely appropriate addition to the honor roll
of Hellard Award recipients.’ Press,
no stranger to awards and accolades, said he was ‘especially moved’ by
this latest recognition. 'I'm
honored, I'm touched, and I can only accept this award humbly,' Press
said. 'Vic Hellard was a special man, and this is a special honor, even
more so since it at least in part recognizes my heartfelt commitment,
which Vic shared, to connect Kentuckians more closely with their
government through the simple, obvious, but hard-won act of just showing
it to them.' O.
Leonard Press is the 16th recipient of the Vic Hellard Jr. award. Hellard
himself died in 1996, a year after his retirement from the LRC. The award
in his name has been given annually since. September
5, 2012 Calendar
set for General Assembly’s 2013 session FRANKFORT – The 2013 Regular Session of the Kentucky General Assembly is scheduled to begin on Jan. 8 and will last 30 legislative days. As usual during an odd-numbered year, in which sessions are half as long as in even-numbered years, the session will have two parts. The first four days of the session – Jan. 8 to Jan. 11 – will focus on organizational work, such as electing legislative leaders, adopting rules of procedure and organizing committees. The introduction and consideration of legislation can also begin during this time. The second part of the session begins on Feb. 5, with final adjournment scheduled for March 26. Legislators will not meet in session on Feb. 18 in observance of Presidents’ Day. The veto recess – the period of time when lawmakers commonly return to their home districts to see which bills, if any, the governor vetoes – begins on March 12. Lawmakers will return to the Capitol on March 25 and 26 for the final two days of the session. The 2013 session calendar can be viewed online at http://www.lrc.ky.gov/sch_vist/13RS_calendar.pdf June 26, 2012 New
laws go into effect July 12 FRANKFORT -- New laws approved during the Kentucky General Assembly's 2012 regular session go into effect on July 12. The new laws mean copper thieves won’t
be able to sell stolen materials for quick cash at recycling centers.
Passengers in large vans will no longer be exempt from the state’s seat
belt law. And meth producers will have a harder time getting large amounts
of a key ingredient needed to make their illegal drugs. The Kentucky Constitution states that legislation approved by the General Assembly goes into effect as state law 90 days after a legislative session ends, unless a bill specifies a different effective date or contains an emergency clause that makes it effective as soon as it is signed by the governor. This year’s regular session adjourned on April 12. Among the issues covered by laws that go into effect July 12 are the following:
Blue
Alert.
Senate Bill 32 will establish a statewide emergency alert system to catch
those suspected of injuring a police officer. The “Blue Alert” system,
which is modeled after the Amber Alert system, will
use law enforcement communication systems, electronic highway signs and
media to spread information to catch perpetrators after an officer has
been reported wounded or missing. Coal
mine safety.
House Bill 385 will enforce new rules for miners who fail drug or alcohol
tests. Offenders will be ineligible to hold mining licenses or
certificates for three years. Penalties are more severe for repeat
offenders. Coal
truck drivers.
HB 411 will designate the Monday of the fourth week in August as Coal
Truck Driver Appreciation Day. Concealed
deadly weapons.
HB 484 will allow Kentuckians to carry concealed weapons without a license
on their property or place of business. Copper
theft.
HB 390 will help curb theft of copper and other valuable metals by
ensuring thieves don’t get immediate cash for the stolen goods at
recycling centers. Instead, after showing proof of ownership, a check will
be mailed to those selling certain metals to recycling centers. The
legislation will also ensure that recycling centers receive reports on
recently stolen metal items in the area so they can be on the lookout. The
bill does not affect individuals recycling aluminum cans. Confederate
pensions.
HB 85 will remove from the law books outdated language regarding pensions
for Confederate soldiers. Consumer
protection. HB 421 will protect homeowners from being defrauded by
providing
a five-day grace period to cancel a signed roofing contract if the
homeowner’s insurance policy does not cover the repair work. Diplomas.
SB 43 will provide diplomas to students with disabilities who finish
modified high school curriculums. The diploma will replace the certificate
of completion the students currently receive. Emergency
room safety.
SB 58 will allow officers to make arrests for misdemeanor assault with
probable cause if the crime occurs in a hospital emergency room.
Under current law, emergency rooms aren’t exempt from the
requirement that an officer must witness a misdemeanor assault in order to
make an arrest. Ethics.
HB 402 will allow the Executive Branch Ethics Commission to share evidence
with the state Personnel Board or the Auditor of Public Accounts if the
information is needed for the agencies’ investigations. For-profit
postsecondary schools.
HB 308 will establish a new panel to regulate private for-profit colleges and universities in Kentucky. The
legislation will replace the Kentucky Board for Proprietary Education with
the Kentucky Commission on Proprietary Education and will limit the
schools’ membership to four seats. The legislation also calls for the
creation of a compensation fund (paid for by the industry) for grievances
of eligible Kentucky students and a revised student complaint review
process. Meth
labs.
SB 3 will boost efforts to stop production of methamphetamines by
tightening rules on the purchase of certain cold and allergy medicines
that contain an ingredient needed to make meth. The legislation will
decrease the current monthly over-the-counter purchase limit of ephedrine
and pseudoephedrine in pill or tablet forms from 9 grams to 7.2 grams and
impose a 24 gram yearly limit. The measure will also replace the
paper-tracking system currently in place for the purchase of medicines
containing ephedrine and pseudoephedrine with a mandatory electronic
system that will allow more real-time tracking. National
Guard Assistance Program. HB
224 will make Kentucky National Guard members eligible for financial
assistance to help pay child adoption costs. Personal-care
homes.
SB 115 will require a medical examination that
includes a medical history, physical examination and diagnosis prior to
admission to a personal-care home. POW/MIA
flags.
HB 121 will require Prisoner of War and Missing in Action flags purchased
or displayed by public institutions to be made in the United States. School
facilities.
SB 110 will make it easier for school districts to allow community access
to school facilities for recreational use during non-school hours by
protecting the schools from liability in cases where an injury occurs. Seat
belts.
SB 89 will expand Kentucky’s seat belt law to include 15-person
passenger vans. The bill was filed in response to a 2010 crash on I-65
near Munfordville that killed 11 people, most of whom weren’t wearing
seat belts. Current state law only requires seat belt use in vehicles
designed to carry ten or fewer passengers. Speed
limits.
HB 439 will allow the Transportation Cabinet to increase the speed limit
on I-69 in Western Kentucky to 70 miles per hour. Veterans’
licenses.
HB 221 will allow veterans to have their service designated on driver’s
licenses and state identification cards. The designations will make it
easier for veterans to show proof of service needed for various discounts
and special services available to them. War
memorial.
HB 256 will establish a committee responsible for oversight of
construction and upkeep of an Iraq/Afghanistan War Memorial. Wild
hogs.
HB 344 will impose stiffer penalties on those who release feral hogs into
the wild. The state’s growing feral pig population is a threat to
farmland, natural habitats and human health, experts say.
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