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Post by Press Release on Oct 11, 2012 21:59:35 GMT -5
State fuel lab has stopped random testing of fuel to save money
A transportation fuel testing lab that state Department of Agriculture officials say was losing around $900,000 a year under the department’s last administration is on track to save roughly $400,000 this year, according to department officials. State Agriculture Commissioner James Comer told the Interim Joint Committee on Agriculture on Wednesday that savings have come from reduced expenses on the project which Comer said was billed as a “money maker” to lawmakers by the department when it was overseen by state Agriculture Commissioner Richie Farmer. Farmer’s administration began construction of the lab in fiscal year 2007. Comer gave Larry Cox, the executive director of the department’s Office for Consumer and Environmental Protection, authority to improve lab operations. That resulted in changes—including sampling fuel based only on complaints beginning about two months ago, said Cox. The lab was unable to randomly test samples under its original concept, he said, creating a large backlog. “The visual and chemical elements of the analysis moved rapidly, but octane and cetane testing proved to be a choke point, making the entire lab process unable to meet its promoted objective of performing anywhere from 40 to 50 tests per day,” Cox told the committee. “In fact, only 10 tests at most could be performed on an ideal day because of time required for the octane and cetane tests.” Today, the backlog is eliminated and sampling amounts to one or two tests in a typical week, said Cox, unless there is a problem reported with a barge load of fuel or with fuel from a major supplier. An excess amount of ethanol found in fuel from a major supplier had to be handled by the department early this year, said Cox. Committee co-chairman Rep. Tom McKee, D-Cynthiana, asked agriculture officials if sampling on a complaint basis is enough, or if more needs to be done. Right now, Cox said, the sampling process is working—although he said the department would have to be prepared to do broader-based sampling should the number of complaints rise. Talks with officials at the University of Kentucky about turning fuel testing over to the university are also in the works, said Cox, who said Kentucky is burdened by its $200,000 annual rent on the lab building, a $3.1 million investment in underutilized equipment, underutilized staff, and testing costs that outstrip annual fees collected from fuel outlets. Cox said a testing partnership with UK would be one “in which the Department of Agriculture continues to carry its statutory responsibility for regulation of fuel quality, with the university performing all fuel testing before providing results to the department for administrative action.” “If we can work out this arrangement, and once again we’re very early in those discussions, but if we can work them out, we can sharply reduce the cost of fuel testing to the Commonwealth, we can place fuel testing in the hands of a dedicated and respected research institution, and we can conduct testing on a scale that is appropriate to current Kentucky fuel quality issues,” said Cox. Sen. Paul Hornback, R-Shelbyville, asked what the benefit of working with UK would be over farming out to private industry. State Agriculture department official Steve Kelly said that was discussed during a recent meeting of a state task force looking into the fuel lab. An attorney representing the state Finance Cabinet at that meeting explained, said Kelly, that “if there was a possibility to do something like this (with the university) then it’s obviously much faster and much cheaper. “And then from our point of view, if we can do something with the university and its Center for Applied Energy Research (CAER)—they’re the experts in energy right now… We feel like if we can get it in someone’s hands like that, that we’re protecting the consumer to the best of our ability,” said Kelly. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Oct 24, 2012 16:28:23 GMT -5
(From left) House Republican Whip Danny Ford, R-Mt. Vernon, Rep. Kevin Bratcher, R-Louisville, Rep. Tim Couch, R-Hyden, and Rep. Dwight Butler, R-Harned, speak prior to the start of the October meeting of the Interim Joint Committee on State Government. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Lawmakers hear report on insurance market
The insurance market in Kentucky is healthy and growing, Department of Insurance Commissioner Sharon Clark told members of the Interim Joint Committee on Banking and Insurance yesterday during a report on current insurance issues in the state. According to the report, nearly 1,500 insurance companies are certified to do business in the state, including 34 new companies that began operating in Kentucky in the last two years. While Kentucky pays a lower total premium than many other states, private insurance is still a $16.3 billion dollar industry in the Commonwealth, Clark said. Regarding worker’s compensation, Clark told lawmakers that rates have decreased for seven consecutive years, by more than 40 percent overall. She attributes the decrease to a variety of factors including awareness, loss prevention, claims management and education. Committee co-chair Rep. Jeff Greer, D-Brandenburg, said improvements in loss prevention were notable. “I think everybody is doing a better job in loss prevention. … It is obvious that it is working,” he said. Lawmakers were also briefed about some of the department’s work this year, including the largest disaster response effort in the history of the Department of Insurance following storms in early March. Damage occurred in all 120 Kentucky counties and cost a total of $1.2 billion, Clark said. Agency employees traveled across the state to determine whether or not insurance companies responded appropriately to the catastrophe. “I was very happy to notice we did not have an escalation in complaints (after the storm),” Clark said. “(Insurers) did what they needed to do.” While consumer protection complaints have remained steady, the Department of Insurance is experiencing an increase in insurance fraud investigations, Clark said. Recent fraud cases have included unscrupulous roofing contractors, staged automobile accidents and prescription drug fraud, she said. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Kentucky News on Nov 2, 2012 18:02:26 GMT -5
Senate President David Williams & reporters in Senate. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Williams sworn as Circuit Judge; LRC membership adjusted
Senate President David L. Williams has accepted appointment as Circuit Judge for the 40th Judicial Circuit and has taken the oath of office for that position. His acceptance of the appointment causes a vacancy in the State Senate seat for the 16th District. Senator Williams’ position on the Legislative Research Commission (LRC) has also been vacated. The Senate Republican Caucus has voted to designate President Pro Tem Katie Stine as Acting Senate LRC Co-Chair and to designate Senator Vernie McGaha to fill the vacancy on the Legislative Research Commission. The Senate Republican members of the Legislative Research Commission have provided written agreement with these actions, which are effective immediately. The LRC is a 16-member panel consisting of the Democratic and Republican leaders from the Senate and House of Representatives. The panel serves as the administrative and research arm of the General Assembly. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Nov 7, 2012 17:50:52 GMT -5
Sen. Dorsey Ridley, D-Henderson, asks a question about proposed new legislative ethics legislation during the October meeting of the Interim Joint Committee on State Government. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Committee hears testimony on high rates of lung cancer
High levels of heavy metals like arsenic and chromium in the ground could partially be to blame for high rates of lung cancer in parts of Eastern Kentucky, according to testimony before a state legislative panel today. “Lung cancer incidence in Appalachia is higher than expected from smoking alone. What we suspect is some of the (incidence) might be due to environmental carcinogens, such as arsenic and chromium….” University of Kentucky Markey Cancer Center Director Dr. Mark Evers told the Tobacco Settlement Agreement Fund Oversight Committee. Evers said researchers at UK and the Kentucky Lung Cancer Research (KLCR) Program are collecting biological and environmental samples to study how factors, like the heavy metals, contribute to cancer. Besides smoking and a possible environmental link, Evers said genetics could be a factor for high rates of cancer in the region, particularly colorectal cancer. He said there is more data available on a genetic link to colorectal cancer than lung cancer. “I think the genetics has been a little better worked out (on colorectal cancer) than, say, lung cancer in terms of familial incidence,” said Evers. “You’ve got genetic (factors); you’ve got environmental factors… Some of the environmental factors we’re looking at are the arsenic and chromium.” The 5th Congressional District has a lung cancer incidence rate of 83 per 100,000 people, said Evers. It is the location of the Marty Driesler Cancer Project, which has worked alongside UK, the KLCR program, and community practitioners since 2004 to provide early screening for individuals at high risk for lung, esophageal and liver cancer. “Any way that we can detect these diseases earlier, I think that’s that much ahead of the game we’re going to be,” said committee co-chair Sen. Paul Hornback, R-Shelbyville. The 2000 Kentucky General Assembly created the KLCR program to be a collaborative effort between UK’s Markey Cancer Center and the University of Louisville Brown Cancer Center aimed at improving lung cancer survival rates in the Commonwealth. The program is funded in part with 20 percent of the state’s tobacco settlement dollars. Evers and Dr. Donald Miller, the director of the Brown Cancer Center, both told the committee that their respective programs have approximately $30 million on hand for basic cancer research. Miller said there are 26 separate project groups at Brown Cancer Center working on lunch cancer research; in the year 2000, there was none at the University of Louisville, he said. “I don’t think we had any idea how successful the program would be,” Miller said of KLCR. Committee co-chair Rep. Wilson Stone, D-Scottsville, asked if there are certain studies that show a corresponding decrease between smoking rates and the incidence of lung cancer in a population. Miller said the age-adjusted percentage of death from all cancers—including lung cancer—has declined at a rate of about a percent a year since 1990. That drop could correspond to a decrease in smoking, he explained. “The decrease in lung cancer has largely driven that,” Miller said. “There are many studies now that show that in populations where smoking prevalence decreases, there is a corresponding decrease in lung cancer incidence and lung cancer deaths.” When California substantially hiked its cigarette tax many years ago, Miller said, smoking rates there fell. “Now, the lung cancer incidence is coming down correspondingly,” he told the committee. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Nov 9, 2012 18:10:38 GMT -5
Rep. Tim Couch, R-Hyden (right), speaks with Rep. W. Keith Hall, D-Phelps, prior to the start of the November meeting of the Interim Joint Committee on Veterans, Military Affairs and Public Protection. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Lawmakers hear search and rescue improvement ideas
Efforts are underway to improve statewide search and rescue resources, officials told members of the Interim Joint Committee on Veterans, Military Affairs and Public Protection in a meeting yesterday. Every community in the state has the ability to respond to disaster, but only response agencies in Lexington and Louisville are equipped to provide heavy search and rescue efforts needed during large-scale disasters, Lexington Battalion Chief Gregg Bayer said. This means much of the state is two to three hours away from some of the resources necessary to respond to tornadoes, flooding or other disasters, he said. The Fire and Rescue Departments in Lexington and Louisville have partnered with the Office of Homeland Security and other state agencies to improve statewide resources and response time. Their goal is to serve any area of the state within an hour, he said. “Response time is directly related to mortality and morbidity,” Bayer said. To decrease response time, the group hopes to add four additional heavy search and rescue teams in higher-population areas across the state, he said. All of the teams would complete nearly three hundred hours of additional training in areas like rope and water rescue, structural collapse and hazardous materials, and have access to specialized equipment for technical rescue, Bayer said. According to Doug Recktenwald, Assistant Chief of the Louisville Fire and Rescue Department, the additional teams would give the state a high level of response capability and put Kentucky on par with surrounding states. “We [have to] rely on resources outside our state to take care of large-scale incidents. We’re trying to get that ability within our state,” he said. Recktenwald said that in order to achieve a statewide rescue team, the group would need a dedicated funding stream. Currently, the group has only received limited grant funding, he said. According to the plan presented to lawmakers, a statewide rescue resource could be in place by 2014. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Nov 15, 2012 18:42:51 GMT -5
Rep. Michael Meredith, R-Brownsville (right), confers with Sen. Damon Thayer, R-Georgetown, prior to the start of the November meeting of the Subcommittee on Horse Farming. Thayer is co-chair of the subcommittee. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Working groups on state juvenile code unveil findings
A working group that is part of the state’s Unified Juvenile Code Task Force reported yesterday that it would advise against incarcerating any child age 12 or under in Kentucky. Chief District Justice Lisa Jones of Owensboro, who serves on the Jurisdiction working group of the task force, said the group found that “over 90 percent of children 12 and under do not understand what they are doing when they enter a guilty plea in court. They don’t understand who the court players are; they don’t understand the effect that has on their lives…” Current Kentucky law prohibits placing children age 10 and under in detention unless they are charged with a serious felony, according to statute. But state law has no minimum age for charging someone with a crime. The task force is considering the group’s findings, and findings of two other working groups, as it drafts proposed changes to the unified juvenile code for possible consideration by the full Interim Joint Committee on Judiciary and the Legislative Research Commission. The Unified Juvenile Code Task Force was created by the 2012 Kentucky General Assembly with the passage of House Concurrent Resolution 129. The Jurisdiction working group also suggested that court action and detention not be used for status offenses—behaviors that include truancy or running away from home that would not be criminal if committed by an adult but are considered to be an offense due to the child’s age. Judge Jones said the state needs to “reroute” status offenders to services that better meet their needs. Also important, the judge said, is early uniform screening, family inclusion, local holding shelters that prevent the need to transport juveniles to detention several counties away, and improved “financial mapping” that ensures funding of services for juveniles served by state agencies. “We need to know where the money is currently going so we can see how it may be utilized differently or more effectively,” she said. The two other working groups reviewed and advised the task force on truancy and assessment issues. Johnson County Schools Superintendent Steve Trimble, who reported for the Truancy working group, said his group concluded that juvenile detention should be used as a last resort. “The last thing anyone, including family court judges, court designated workers, and (school personnel) want to see is a child placed in juvenile detention. However, taking juvenile detention off the table as a final outcome…could be destructive to all programs,” he said. Trimble clarified that no student is placed in detention for being a status offender, but by court order. The Assessment working group, whose report was given by Louisville area public defender Peter Schuler, advised that assessment tools used to determine where troubled youth should be placed need to be juvenile-specific, evidence-based, and administered by qualified individuals. For example, he said a county attorney might determine that a juvenile needs to go to court whereas a court designated worker might interpret the situation differently. Disproportionate minority confinement also needs to be addressed, along with other issues, Schuler said. The state’s current Unified Juvenile Code, enacted in 1986, was significantly amended in 1994 but has been altered in one way or another by the General Assembly nearly every session since. Suggested changes by the working groups, and task force’s report anticipated by early January, should address ambiguities and inconsistencies found in the code by those who use it regularly, according to HCR 129. The next meeting of the task force is tentatively scheduled for Dec. 19 at 1 p.m. in Frankfort. Task force co-chair Sen. Katie Stine, R-Southgate, said proposals will be assimilated into a final draft for the full task force’s consideration on that day. Fellow task force co-chair Rep. Tilley added, “Our resolution does not hamstring us… but we need to provide some recommendations at that meeting.” The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Nov 19, 2012 16:56:14 GMT -5
Pros, cons of nuclear energy reviewed by state legislative panel
FRANKFORT—Nuclear power will be vital to affordable electricity generation in states served by the Tennessee Valley Authority in the near future, a nuclear operations official with the TVA told state officials Friday. TVA Nuclear Operations Support vice president Mike Lorek told the Kentucky Special Subcommittee on Energy that the agency expects to spend around $10 per megawatt hour to produce nuclear power by 2019-2020. Coal is expected to be the next most economic generation source at $25 to $40 per megawatt hour, he said, with combined cycle natural gas and conventional gas turbines at the higher end of the cost spectrum at $40 to $50 and $60 to $140 per megawatt hour, respectively. “You can see that in 2020, the dispatch costs of nuclear are way below any other source of generation, and that’s one reason we believe it’s going to be a vital part of our energy mix going forward,” Lorek said. The TVA is a corporation owned by the U.S. government that provides electricity for approximately nine million people in seven states in the southeastern U.S., including portions of Kentucky. Its nuclear plants add more than 6,600 megawatts of electricity to the nation’s power grid. On average nationally, nuclear was the second cheapest power produced in 2010 (behind hydroelectric) at less than two cents per kilowatt hour, followed by coal at three cents per kilowatt hour and natural gas at nearly five cents per kilowatt hour, Lorek said. Although many people remain concerned about nuclear plant safety because of incidents like the Three Mile Island accident in Pennsylvania in 1979, the 1986 Chernobyl disaster and the 2011 Fukushima disaster in Japan, Lorek said safety is a priority for the nuclear power industry. “We have one of the best industrial safety records of any industry in the United States,” Lorek said, adding that plant evaluations and training through accredited programs keep industry standards high. Some lawmakers questioned why Kentucky—a coal state which does not allow nuclear power generation within its borders currently—would want to change its policy on nuclear. Rep. Tom Riner, D-Louisville, asked Lorek pointedly, “Why should a coal state want nuclear power plants to compete with Kentucky coal and reduce the current energy mix…?” Riner also expressed concerns about the industry’s ability to deal with air attacks from U.S. enemies, citing an earlier comment by Lorek “we currently don’t have a strategy in place for trying to prevent that from happening.” That was Lorek’s response to an earlier question by subcommittee co-chair Sen. Brandon Smith, R-Hazard. Lorek said a nuclear plant is a difficult target to hit and, based on a study by the NRC (Nuclear Regulatory Commission), nuclear plants are designed to withstand the impact of being struck by an airplane. He added that his industry has the emergency response capability to mitigate any impact, if something like that were to happen. “I’m a pilot myself, and it looks like most of your profile is pretty low, but the most obvious is the cooling towers,” Smith told Lorek, who said TVA’s cooling towers aren’t used for safety cooling. “If the plant is shut down and relying on safety systems to keep the core cool, we don’t have to have them,” he said. He added later that such an attack would not result in the release of radioactive material. As far as prevention of such attacks, Lorek said “we all rely on the federal government to prevent those things from happening,” Riner said he was not reassured. “Knowing that right now, Iran purchases sophisticated technology and weapons systems from Russia and China, and … what we are dealing with in the Middle East... It makes no sense whatsoever to me for Kentucky to bring nuclear power in here so that we can be targeted for something that we can’t deal with,” Riner said. The TVA currently has three nuclear plant operation sites: three units at Browns Ferry in Alabama; two units at Sequoyah in Tennessee; and one unit at Watts Bar in Tennessee. A second unit is now under construction at Watts Bar (which is expected to be operational by Dec. 2015) with another plant, called Bellefonte, in the engineering phase in Alabama.
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Post by Press Release on Nov 21, 2012 13:17:02 GMT -5
Rep. Carl Rollins, D-Midway (right), congratulates Sen. Kenneth Winters, R-Murray, upon his retirement from the Kentucky Legislature prior to the start of the November meeting of the Interim Joint Committee on Education. Rollins and Winters are co-chairs of the committee. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Task force presents public pension recommendations
Kentucky needs a new plan to provide a secure retirement to its workers, lawmakers agreed yesterday at the final meeting of the Kentucky Public Pension Task Force. The task force approved 11-1 an eight-point proposal aimed at paying down pension debt and creating a new pension plan for future employees. The proposal’s first recommendation is that the Commonwealth pay more into the pension system. Currently, the state is paying only a portion of the actuarially required contribution (ARC). Legislation passed in 2008 increased the ARC payment incrementally over time. The proposal is calling for a full ARC payment by fiscal year 2015. Each time the full ARC is not paid, additional unfunded liabilities and higher costs are incurred by the state, committee Co-chair Rep. Mike Cherry, D-Princeton, said. To provide immediate short-term relief to city and county budgets, the proposal suggests resetting the amortization period for payment of the unfunded liability from 26 years to 30 years. Other recommendations included in the proposal would repeal the current cost-of-living adjustments provided to retirees and would prohibit public employees from being reemployed with the state for up to two years after retirement. Under the proposed plan, pension benefits for new hires would be calculated in a hybrid cash balance plan. New employees would be guaranteed a four percent annual return on contributions. According to David Draine, Senior Researcher of public sector retirement systems with the Pew Center on the States, the hybrid cash balance plan is more predictable and sustainable than the current plan. Overall, the proposal is a result of bipartisan compromise, Cherry said. “What we [ended] up with is… something we all can agree on,” he said. Committee Co-chair Sen. Damon Thayer, R-Georgetown, said he and Cherry plan to pre-file a bill for the 2013 legislative session that includes the recommendations set forth in the task force’s final report. “It really is one step along the way of what I hope will be significant, serious and substantive reforms that really affect all 4.3 million Kentuckians more than just about any legislation that we will consider in the next session of the General Assembly,” Thayer said. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Nov 28, 2012 17:45:11 GMT -5
Senate Democratic Caucus Chair Johnny Ray Turner, D-Drift (left), confers with Senate Democratic Floor Leader R.J. Palmer, D-Winchester, during the November meeting of the Interim Joint Committee on Local Government. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Lawmakers hear recommendations on special taxing districts
The state’s estimated 1,268 special taxing districts spend two-and-a-half times the budget of the state road fund without much oversight, according State Auditor of Public Accounts Adam Edelen, who urged a state legislative committee today to consider four key proposals to improve accountability of these districts. “We’re talking about an enormous level of government that I think for too long has been allowed to operate with a lack of accountability and oversight system wide,” Edelen told the Interim Joint Committee on Local Government. Topping the list of four key recommendations Edelen asked lawmakers to consider for action during the 2013 Regular Session was modernization and reform of statutes that affect special taxing districts. Edelen said there are currently over 1,000 Kentucky laws on special taxing districts, many written a century ago or more. “That has to be cleaned up,” he said. Second was the recommendation that lawmakers put “real teeth” in the law to compel the districts to comply with auditing requirements now in state law. Every special taxing district in Kentucky with a budget of $750,000 a year or more is required to have an annual audit but only around 55 percent do, Edelen said. “The cash value of public money that has gone unaudited among those 45 percent…is $461 million,” he told lawmakers. Other recommendations include requiring special taxing districts to operate under county ethics codes and establishing a centralized registry so that basic information about what a district is and where it operates is on file. “It needs to be available to the public in a way that’s easy to understand…” Edelen said. A few members of the committee questioned why Edelen’s office did not recommend requiring those who serve on special district boards to be elected rather than appointed. Currently, only an appointment is necessary. Sen. John Schickel, R-Union, said another recommendation needs to be that every person in the state with the power to raise or lower taxes is elected. “We had a little bill in the Kentucky State Senate that didn’t even go that far. All it said was that the people who are on these boards will be appointed by elected officials… It died in the other chamber,” said Schickel. Senate Bill 49, sponsored by Schickel during the 2012 Regular Session, would have instituted similar requirements for public library district boards. Committee Co-Chair Sen. Damon Thayer, R-Georgetown, said he agreed. Thayer said a former state local taxation task force on which he served recommended that special districts be accountable to county fiscal courts “for approval of any tax or rate increase. That bill has been filed a couple of times, and we’ve not been able to get it going.” “I like your recommendations,” Thayer told Edelen. “But, when there are tax dollars in play, there ought to be some accountability to someone who is elected because then they can answer for their vote.” Thayer said lawmakers will decide whether or not to address that issue in the upcoming session. Also questioning the need for more accountability to elected officials was Rep. Kevin Sinnette, D-Ashland. “I’m not really seeing accountability … (the special districts) can still issue taxes without accountability to somebody elected, whether that be the fiscal court (or otherwise).” A centralized registry will help the state get a handle on special taxing district issues, Edelen said. “Before we go the route of trying to subordinate all these different entities to elected officials, or indeed begin the process of electing them, I think we need to have a clear sense of precisely what we’re dealing with, which I think is what you get with a centralized registry.” The State Auditor’s office spent most of 2012 studying the number, location, spending, reserves and other aspects of special taxing districts and issued the findings in a November report titled “Ghost Government.” That report shows that Kentucky’s special districts combined spend $2.7 billion collectively each year, or two and half times the annual state road fund budget. Their total reserves are estimated at $1.4 billion—which Edelen said is double the amount of rainy day funds held by the state’s 174 public school districts—and they fee and tax Kentuckians around $1.5 billion annually. Examples of the dozens of special taxing districts operating in Kentucky include housing authorities, libraries, sewer districts, fire protection districts and public health districts. Special taxing districts operate in all 120 Kentucky counties. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Nov 29, 2012 18:29:08 GMT -5
Rep. Marie Rader, R-McKee (left), speaks with Rep. Royce Adams, D-Dry Ridge, prior to the start of the November meeting of the Interim Joint Committee on Appropriations and Revenue. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Multi-modal transport gets review by state budget subcommittee
Kentucky lags behind surrounding states in funding for non-highway modes of transportation but has opportunities to increase funding if it desires, a transportation expert from the University of Kentucky today told a state budget subcommittee. “We wanted to identify some of these opportunities, put them out there, so that they can be considered and … if there are some opportunities that show promise, we can certainly do a more detailed investigation of those and determine whether they would be suitable and beneficial to the Commonwealth,” UK Kentucky Transportation Center Director Dr. Joe Crabtree told the Budget Review Subcommittee on Transportation. Subcommittee Co-Chair Rep. Sannie Overly, D-Paris, said all modes of transportation are “important to our comprehensive transportation needs in the Commonwealth.” “We spend a great deal of our time talking about the bridges and the highway system in the state, and certainly that’s critical, but as you said, it is a dependent transportation system…” stated Overly. Besides its paved highways, Kentucky relies on aviation, rail, public transit, and its waterways for transport. Yet, Crabtree said a study of these other modes of transport indicate that they receive limited state support. Most of Kentucky’s funding for planning and development of public use airports is through the federal Airport Improvement Program, which provides federal funding in exchange for state and local matching funds, Crabtree explained. But the state’s ability to match federal dollars from its 14-year old aviation economic development fund has been hampered by fund transfers, he said, placing Kentucky near the bottom of the list both regionally and among four other states in utilization of AIP funds. Opportunities to increase aviation funding include keeping state aviation economic development funds for aviation rather than transferring them elsewhere, raising or eliminating the state’s per carrier cap on its tax on jet fuel, and establishing an infrastructure bank to increase funding similar to what is available in Pennsylvania or Ohio, among other possibilities, Crabtree said. In state funding for public transit, Kentucky also is near the bottom of the list, according to Crabtree. He said per capita spending of state funds on public transit in Kentucky is less than that in every other state bordering the Commonwealth. “This is certainly not an indictment of public transit services in Kentucky,” he said, “…but if you just look at the level of investment…we rank very, very low.” Possible mechanisms to boost funding include, but aren’t limited to, dedicated sales tax revenue or other revenues, or utilizing available federal financing programs such as “grant anticipation notes”—notes or bonds issued by a state in anticipation of receiving federal grant funds, he said. For rail transport, Crabtree told the subcommittee that Kentucky’s opportunities may include setting up a dedicated revenue source for rail, establishing a state infrastructure bank to fund multi-modal projects, creating a passenger rail trust fund using federal dollars for passenger and high speed rail, offering tax incentives for some types of rail, and seeking private/public partnerships. Kentucky may also wish to update its state rail plan, which is now a decade old, he said. For waterways—of which Kentucky has over 1,250 navigable miles—Crabtree said the state could establish a dedicated water transport or maritime unit at the state level, amend state law to provide support and funding for infrastructure improvements and waterway transport using fuel tax revenue, dedicate state funds for projects at inland ports, or allow state tax credits for companies that use waterborne transport, among other possibilities. None of the opportunities he shared with the subcommittee are to be considered legislative recommendations, Crabtree clarified. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Dec 13, 2012 17:04:16 GMT -5
Rep. Marie Rader, R-McKee (left), speaks with Rep. Royce Adams, D-Dry Ridge, prior to the start of the November meeting of the Interim Joint Committee on Appropriations and Revenue. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Proposed regulatory changes to HB 1 aired before committee
Proposed regulatory changes to Kentucky’s 2012’s “pill mill” law—including exemptions for certain prescription cough syrups and pediatric patients—have been submitted to the state Legislative Research Commission for approval, regulatory agency and board officials told a state legislative panel. The changes to regulations required by the passage of House Bill 1 during a special session earlier this year were aired before the 2012 SS (Special Session) HB 1 Implementation and Oversight Committee by representatives of the Kentucky Board of Medical Licensure (KBML), the Cabinet for Health and Family Services (CHFS) and the Kentucky Board of Nursing, among others. Of all the concerns with HB 1 that were shared with KBML by health care professionals statewide, KBML chair Dr. Preston Nunnelley said prescribing standards were at the top. The board responded by recommending that prescribing standards for patients under 16, Schedule V drugs (i.e., codeine-based cough formulas) and controlled substances that are non-pain medications—like ADHD and anxiety drugs—be removed from HB 1. The KBML’s revised regulations “would only deal with pain, and only chronic pain, medication,” with chronic pain meaning a condition requiring a prescription for over 90 days, said Nunnelley. Also, drug screening would only be required for chronic pain medication, he said, and not a broad array of controlled substances as is now the case under HB 1. For non-pain related controlled substances, providers would only be required to run an initial KASPER report and “practice quality medicine,” he said. That means a physician or health care provider must know a patient’s medical history and ensure medication prescribed to that patient is justified. Other regulatory changes recommended include allowing non-physicians who owned a state-regulated pain clinic prior to HB 1’s July 20, 2012 effective date to retain ownership. HB 1 requires that pain clinics in the state be operated and owned by a state board-certified physician. “We want to stop prescription drug abuse, but we don’t want to stop people from getting pain medicine. A lot of people need that, they deserve that, and we want to make sure …. We give them the right to get good quality health care,” said Nunnelley said. “We don’t feel (the changes being made) would in any way harm our ability to peer and make recommendations on these people,” he added. In regards to recommended changes in the pediatric prescribing language in HB 1, Sen. Jimmy Higdon, R-Lebanon, said he has also heard of problems that senior citizens have had with the law. Nunnelley said the KBML’s recommended changes to drug screening under HB 1 (the urine drug screens can cost up to $400 every three months, he explained) would help. “(Beyond) that, only if you suspect something would you do a drug screening … but we’re not mandated beyond the initial screen,” said Nunnelley. Regarding the Schedule V drug regulatory change, committee co-chairman Rep. John Tilley, D-Hopkinsville, asked Nunnelley the probability of a Schedule V drug being addictive. Nunnelley said the probability is “very, very low… This goes through the FDA and drug controls to establish incidence of addiction. It’s very, very, very low in the 5s,” he said. As far as the health care provider’s protection, Nunnelley said not every provider may have KASPER access, for whatever reason, but as long as that reason is documented the KBML will “not going to hold up quality care.” “If it’s documented that you couldn’t … for some particular reason, then you’re in no jeopardy with the board of licensure,” he said. Testimony from the CHFS, Board of Nursing and others regarding final revised regulations from their administrative agencies was also received by the committee, as was a report from Rep. Addia Wuchner, R-Burlington, on tamper resistant drug technology. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Dec 18, 2012 18:24:47 GMT -5
KET pioneer O. Leonard Press named 2012 Hellard Award recipient
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. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Dec 20, 2012 17:44:40 GMT -5
Sen. Kathy Stein in committee (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Unified juvenile code task force wraps up its work for 2012
A state task force that has spent months looking at the state’s juvenile code approved a final report today but is not making recommended changes to the code until the issue can be studied further. Rep. John Tilley, D-Hopkinsville, who is the House co-chair of the Task Force on the Unified Juvenile Code, said discussion about what changes should be made will likely continue after the 30-day regular session of the Kentucky General Assembly, which begins Jan. 8. “This is not an area of the law, of course, with the creation of a task force, that we deemed an easy fix,” Tilley said today. “Even before we had our first meeting, we anticipated the reauthorization of this task force to move on into the interim after this short session.” Tilley said continued discussion will allow more voices—including those of consultants, officials from out of state, and representatives from mental health agencies—to be heard. Task Force reauthorization would have to be approved by the General Assembly during its legislative session. The four top issues that have been discussed by the task force over the past several months include how to best deal with “status offenders” (children who have committed offenses that would not be considered crimes if committed by an adult), risk assessments, information sharing, and “financial mapping”—essentially tracking where the money goes. “Whether it relates to financial mapping or assessments, those pieces have not been done yet…in order to properly take what may be legislative action at the appropriate time, we have to have information from those two pieces,” Tilley said. Kentucky Department for Community Based Services Commissioner Teresa James said any recommendations for a change in delivery of mental health care to children need to be made carefully so that “10 years from now, we’re not looking back and having regrets in the decisions that we made.” As far as financial mapping goes, James said grant writing and other financial planning needs to be done with all stakeholders involved, including the Cabinet for Health and Family Services, Justice Cabinet, Department of Education, and others. A consultant who has done financial mapping work in states that include Wisconsin and Maine will be brought in early next year to assist in the effort, she said. Task force member and veteran public defender Peter Schuler said he felt the report, which was approved by the task force later during the meeting, “does not reflect the work that we have done.” He then presented written proposals for the task force members’ consideration that he understood would not be brought up today for a vote. Tilley explained the proposals would be valuable as the discussion on amending the code moves forward. “This is what the process should be about,” said Tilley. “We all want to do what’s best for these kids, and best for the system…. Those are all things we’ll discuss in the coming months.” Task Force Senate Co-Chair and Senate President Pro-Tem Sen. Katie Stine, R-Southgate, said financial mapping is important to future reform. “I think… (financial mapping) is going to really create that super structure, that foundation, that we will then know how we can go about having a system whereby every avenue is utilized, (and the court system remains) that ultimate place where we go to finally have justice after we’ve tried everything else.” Stine added that the courts must “maintain their discretion…” and be respected. “We are a nation of laws, and so we need to make sure that in everything we do, we respect the court system…” Stine said. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by In The News on Dec 27, 2012 9:47:33 GMT -5
Robert Stivers
cincinnati.com Gambling in Kentucky faces uphill climb by Scott Wartman
The effort to expand gambling in Kentucky still faces an uphill battle in 2013. Proponents still plan on pushing a bill for a constitutional amendment to expand gambling but many lawmakers question whether there’s enough support for it. The Kentucky Senate in this year’s General Assembly session voted down a constitutional amendment to allow casinos at seven of the state’s racetracks. Racetracks, including Turfway inFlorence, have pushed for casinos to boost purses and keep the state’s signature horse industry viable. One of the most vocal opponents of expanded gambling, former Senate President David Williams, is no longer in the senate after accepting an appointment as a circuit court judge. His successor, Robert Stivers, R-Manchester, has said he’s opposed expanded gambling. Sen. Damon Thayer, R-Georgetown, has remained reticent on the chances of expanded gambling will be in the next session, which starts Jan. 8. Thayer introduced the amendment last regular session to allow casinos at the racetracks. In 2013, Thayer will be the Senate majority leader, but said he doesn’t plan on filing another casino bill. He has cited pension reform as a top priority. Thayer couldn’t be reached on Wednesday but said in November after being chosen as Senate majority leader that Senate leadership will discuss the issue. Gov. Steve Beshear said expanded gambling will still be one of his priorities but noted that it doesn’t have to pass in 2013 since the earliest it could get on the ballot is 2014. Kentucky doesn’t have elections in 2013. An amendment will require a super majority of 60 percent in both houses to pass. Speaker of the House Greg Stumbo said in a statement that he will await whatever Beshear proposes before making a judgement on the issue. The Family Foundation has opposed expanded gambling and believes opposition in state government has increased in the past year. They picked up an anti-expanded gambling legislator in western Kentucky with Republican Whitney Westerfield, of Hopkinsville, succeeding Democrat Joey Pendleton, said Martin Cothran, policy analyst for The Family Foundation. cincinnati.com/blogs/nkypolitics/2012/12/26/gambling-in-ky-faces-uphill-climb
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Post by In The News on Dec 27, 2012 17:40:52 GMT -5
Robert Stivers
Stivers says he will allow gaming vote if fellow Republicans agree state-journal.com
Sen. Robert Stivers, the newly elected president of the Kentucky Senate, says he is looking for dialogue with Gov. Steve Beshear and all members of the General Assembly. In an interview with The Manchester Enterprise, the Clay County Republican also said that if the Republican Senate caucus wants a vote on gaming, he would allow it to go forward. Gaming is an issue that Beshear, a Democrat, has been pushing for several years as a way to increase state revenues and help the horse industry. He has been opposed on the issue by David Williams, who preceded Stivers in the Senate’s top post. However, Beshear has appointed Williams to a circuit judgeship, thus eliminating the main opposition to gaming. Stivers said that he personally opposes gaming for moral and economic reasons, and he would oppose making it legal. That sentiment, or support, would have to come from the Republican caucus, which elected him, he said. Stivers said he has advised Republican senators to talk with the governor. He said he also wants to share the direction of legislation with the other Republican leaders in the Senate. Concerning his desire for dialogue, Stivers said that he has already sent a letter to Beshear asking that he (the governor) have all of his legislative needs such as reorganizations ready for the early part of the upcoming session. If those issues can be dealt with early, he said, more time would be available to deal with the budget. Stivers takes over his new post Jan. 8 when the next session of the General Assembly begins. Read the entire article at: www.state-journal.com/latest%20headlines/2012/12/27/new-senate-president-wants-more-dialogue
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Post by In The News on Dec 29, 2012 20:54:25 GMT -5
courier-journal.com Robert Stivers says the key issues facing the state are pension reform and Medicaid Reporter Mike Wynn
Sen. Robert Stivers, a Republican from Manchester who is virtually certain to serve as Senate president next year, released a statement Friday outlining the key issues — according to the Senate Republican Caucus — for the 2013 session. The list included pension reform, Medicaid managed care and the budget impact of Medicaid expansion, expansion of military voting, the cost of the federal Affordable Care Act in Kentucky, pro-life legislation and oversight of special taxing districts. “I anticipate the Senate will pass at least one piece of legislation the first week we are in the session, and I am currently reviewing bill drafts to determine the legislation I will designate as Senate Bill 1 and 2,” Stivers said. www.courier-journal.com/apps/pbcs.dll/article?AID=2012312280077
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Post by In The News on Dec 31, 2012 8:03:33 GMT -5
kentucky.com Kentucky lawmakers still wrestling with redistricting
Legislative leaders are at odds on whether to postpone the divisive issue of redistricting for another year to avoid gumming up an upcoming session already chock-full of hefty issues, including how to fix a $30 billion shortfall in a pension system for government retirees. Incoming Senate President Robert Stivers, R-Manchester, said lawmakers aren't rushed to redraw boundaries around legislative districts because the next round of elections isn't until 2014. But House Speaker Greg Stumbo, D-Prestonsburg, wants it done as quickly as possible after lawmakers convene January 8. Stivers' biggest concern is that redistricting could overshadow all other issues. Stumbo fears delaying redistricting could allow it to be used as a political bargaining chip on other matters. The last legislative redistricting effort ended in political turmoil that made its way to the state Supreme Court. Justices concluded the new legislative districts were not balanced by population and had to be redrawn to comply with the "one person, one vote" mandate in federal and state law. Redistricting is supposed to occur every 10 years to account for population changes found by the U.S. Census Bureau. Kentucky's overall population grew from 4 million to 4.3 million, requiring a major reconfiguration of legislative districts to make them nearly the same size. Stivers said shelving redistricting until 2014 would give lawmakers more time to work on other major issues, including shoring up the pension system. The Pew Center on the States recommended issuing bonds to cover a $33 billion unfunded liability. That proposal has received a lukewarm response at a time when government debt has become an overriding political issue. A legislative task force studying the pension crisis rejected the recommendation while at the same time calling for full funding for all the state's retirement plans. The task force also suggested repealing cost-of-living increases for new retirees and moving workers to a hybrid plan that blends defined benefits with defined contributions. Gov. Steve Beshear also wants lawmakers to consider a couple of options that could generate additional money: reforming the state's tax code and legalizing casino-style gambling. Both could be hard sells in Kentucky's split Legislature, where Republicans control the Senate and Democrats run the House. Stivers has pledged to have an open dialogue with Democratic leaders to resolve major issues facing Kentucky. He said he considers the need to shore up a financially strained Medicaid program as the biggest issue in the upcoming session. Stumbo is pressing another issue as the biggest facing the Legislature. He wants to hold accountable more than 1,200 special taxing districts that spend some $2.7 billion a year. Taxing districts, which collect money to operate everything from rural fire departments to libraries, have proliferated across Kentucky over the past 50 years with little accountability. Stumbo said creating a stronger system of oversight is a critical issue. Read more here: www.kentucky.com/2012/12/30/2459398/ky-lawmakers-still-wrestling-with.html
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Post by Press Release on Jan 7, 2013 22:41:32 GMT -5
Military Voting Initiative Designated Senate Bill 1
At a joint press conference today, Senate President-elect Robert Stivers (R-Manchester) announced that Secretary of State Alison Lundergan Grimes’ recommendations to improve military access to the polls will be designated Senate Bill 1 in the 2013 regular session of the General Assembly. Stivers is sponsoring the bill, and House Speaker Greg Stumbo previously expressed support for Grimes’ initiative. In September 2012, Grimes traveled to Kuwait, Qatar and Bahrain with other secretaries of state selected by the United States Department of Defense to evaluate the status of military and overseas voting. While in the Middle East, Grimes met with military members in the field, thanked them personally for their service and discussed with them their experiences voting while on active duty. “While I am encouraged by the great care taken by the armed services to ensure the safe delivery of ballots and efforts to encourage participation, I also have seen firsthand that there remain significant obstacles to military and overseas voting,” said Grimes. “We must do all that we can to preserve the privileges of citizenship that thousands of Kentuckians dedicate their lives to fighting for.” Upon returning from her trip, Grimes issued five recommendations to improve military and overseas voters’ access to the ballot box: (1) implement online voter registration for uniformed service and overseas voters; (2) provide sufficient time for uniformed service and overseas voters to participate in all elections; (3) permit uniformed service and overseas voters to return executed ballots via email; (4) ensure that all uniformed service and overseas voters’ absentee ballots are counted; and (5) adopt the Uniform Military and Overseas Voting Act. In announcing the decision to set aside partisanship and designate Grimes’ military voting initiative as Senate Bill 1, Stivers said the bill emphasizes the importance of the democratic process and makes sure that “the people who are protecting those rights, being our military, can voice their opinions by casting a ballot and making sure that it’s done in the easiest, simplest way and that it’s timely counted.” “Kentucky’s soldiers represent the best of the Commonwealth – duty, honor, sacrifice, pride, and love of freedom,” said Grimes, “and their families make unimaginable sacrifices on behalf of our state and nation. I hope the members of the General Assembly will join me in showing our appreciation for these heroes by passing Senate Bill 1 and strengthening our uniformed men and women’s right to vote.” The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Jan 8, 2013 19:14:20 GMT -5
(From left) Circuit Judge Oscar House of Clay County administers the oath of office of Senate President to Sen. Robert Stivers, R-Manchester, as wife Regina Crawford Stivers holds a Bible while children Caroline, Josh, Ellie and R.T. look on. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
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Post by In The News on Jan 12, 2013 6:39:04 GMT -5
Sen. Bob Stivers, R-Manchester, the newly elected president of the Kentucky Senate, shared his vision for the coming year at Kentucky Chamber Day in Lexington.
lanereport.com State leaders optimistic about bipartisan efforts during short legislative session By Lorie Hailey, editor
The annual Kentucky Chamber Day at the Lexington Convention Center on Thursday was filled to the brim with some of the biggest names in business and politics, and the unofficial theme for the night seemed to be hope. The event, the Kentucky Chamber of Commerce’s annual kick-off to the legislative session, gives state leaders a chance to discuss their priorities for the legislative session. For the first time in many years, the Senate has a new president, shaking up the dynamic between the House, Senate and the governor. Longtime Senate President David Williams and Gov. Steve Beshear had a somewhat fiery relationship, even before Williams ran against Beshear for the office of the governor. The governor had called Williams an “obstructionist” for blocking legislation to approve expanded gambling. Beshear appointed Williams late last year to a judgeship in his district, which he accepted. The Senate elected Manchester attorney Bob Stivers as Williams’ replacement. Each of leaders on Thursday were optimistic about tackling tough issues even though the General Assembly is meeting in short session this winter. Beshear told the sold-out crowd that for the first time in five years, he is looking forward to the legislative session. (It began Jan. 8.) House Speaker Greg Stumbo called for legislators to act in a bipartisan fashion, not just talk about it. Stivers also called for his colleagues to set aside their differences and work together. Although there are many problems facing Kentucky, Stivers said he has a “very optimistic view of where we are and where we’re going.” Among those issues are pension reform, creating a better business climate, education spending and Kentucky’s drug abuse epidemic, he said. www.lanereport.com/17530/2013/01/state-leaders-optimistic-about-legislative-session
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Post by In The News on Jan 29, 2013 22:36:26 GMT -5
courier-journal.com Robert Stivers favors tax reform that helps businesses create jobs
In a speech at a Kentucky Chamber of Commerce dinner this month, Gov. Steve Beshear made his 2013 priority clear — tax reform. It’s needed to raise new revenue for the state to address its pension crisis without more cuts to education and the state’s highest priorities, he said. And if tax reform and the pension funding crisis can be tackled this year, “you are going to see growth in this state like you’ve never seen before,” Beshear told the crowd in Lexington. Despite that need, both Republicans and Democrats agree that it’s unlikely there will even be a vote on a comprehensive tax bill in the regular legislative session, which resumes February 5. Senate President Robert Stivers, R-Manchester, told the same chamber of commerce audience that he favors tax reform to help businesses create jobs. But Stivers said, “Individuals should not be exposed to any more taxes.” The General Assembly has not passed a major tax increase since 1990, when the Kentucky Education Reform Act was adopted. www.courier-journal.com/article/20130128/NEWS010101/301280064/Kentucky-tax-reform-will-likely-wait-until-special-session
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Post by Press Release on Feb 1, 2013 23:27:23 GMT -5
Rep. Tim Couch, R-Hyden, offers a visual aid to Rep. Fitz Steele, D-Hazard, as the pair study legislation in the Kentucky House of Representatives. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Judiciary panel hears of savings under 2011 criminal justice reforms
Criminal justice reforms approved by Kentucky lawmakers in 2011 have saved the state as much as $35 million or more since the legislation took effect in 2011, a joint legislative committee was told yesterday. Around $10 million in savings came from mandatory supervised release on parole of certain non-violent inmates with six months or less on their sentence, while around $25 million in savings--mostly to county governments—came from an increased pretrial release of low to moderate risk criminal defendants, the Interim Joint Committee on Judiciary heard. Both provisions were part of the 2011 Public Safety and Offender Accountability Act (HB 463) enacted by the 2011 Kentucky General Assembly. Kentucky Justice and Public Safety Cabinet Secretary J. Michael Brown said savings from mandatory supervised release of inmates has helped to reduce the state’s inmate population to around 22,100—although state officials say savings are offset by costs to implement the legislation. The population would be well over 23,000 “and scaling up” without the mandatory supervised release provision, Brown said. “That one aspect alone has not only saved the Commonwealth, but has also accomplished the purpose of public safety by reducing the recidivism rate for that group of inmates,” Brown told the panel. Kentucky Public Advocate Ed Monahan, who oversees the state’s Public Defender Program that provides legal counsel for indigent defendants statewide, said HB 463 is “remarkable” and full of good ideas, and has created substantial savings for Kentucky, including around $25 million in savings due to pretrial release of low to moderate risk defendants. He added, however, that savings under HB 463 have fallen short and that “prudent opportunities” can be taken to improve public safety and save money. “How are you going to achieve the additional savings that were projected would be achieved?” asked Monahan. All provisions found in HB 463 are projected by the Office of the State Budget Director to save the state $422 million over 10 years. Other savings are projected to come from reduced recidivism, use of citations rather than arrests for low-level misdemeanor offenders, and increased use of substance abuse treatment paid for by reinvestment of savings from reduced incarceration costs, among other things, according to reports on the legislation. A portion of the savings remaining after reinvestment in substance abuse and other recidivism reduction efforts are required by HB 463 to go into a fund to assist local jail with their costs. Brown said the Cabinet has budgeted and provided some funding for the local jail fund to date. Rep. Stan Lee, R-Lexington, questioned why the savings reported by Brown are below the State Budget office projections, which he said averages to about $42 million annually. Brown said the savings will not be realized immediately. “What is happening is we are gaining momentum …” he said. Other speakers on HB 463 including the Kentucky Parole Board, Commonwealth’s Attorneys Association, Administrative Office of the Courts, Kentucky Association of Counties, and Kentucky Association of Criminal Defense Lawyers, among others. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Feb 6, 2013 21:59:50 GMT -5
Rep. Tom McKee, D-Cynthiana (right), speaks with Rep. Ryan Quarles, R-Georgetown, in the Kentucky House of Representatives. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Bill to improve tracking of special districts clears House panel
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. 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. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Feb 7, 2013 17:43:51 GMT -5
Senate President Robert Stivers, R-Manchester (center) welcomes Gov. Steve Beshear to a joint session of the Kentucky General Assembly for the governor's State of the Commonwealth Address as House Speaker Greg Stumbo, D-Prestonsburg, looks on. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Committee approves pension reform bill
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. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Feb 8, 2013 18:46:25 GMT -5
Rep. Ben Waide, R-Madisonville (left), discusses legislation with Rep. Jim Stewart, R-Flat Lick, during a recess period in the Kentucky House of Representatives. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Bill to allow university-financed building projects clears House A&R
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: * Renovation of Mignon Residence Hall at Morehead State University; * Renovation of Hester Hall, renovation of housing and dining facilities and upgrade of the sprinkler system at College Courts at Murray State University; * Renovation and expansion of Albright Health Center and acquisition and renovation of a new residence hall at Northern Kentucky University; * 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; * Expansion of the Student Activities Center at the University of Louisville; * Construction of the Honors College facility at Western Kentucky University. Rand said the current state budget has the lowest level of bonding in recent memory, with no agency bonds authorized for state universities. “I think since that time the university presidents, in conjunction with the governor and House and Senate leadership, worked on a very narrow list of projects they think are critical to their institutions and the students who attend there,” Rand said. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Feb 8, 2013 18:52:01 GMT -5
Rep. Julie Raque Adams, R-Louisville (left) and Rep. Susan Westrom, D-Lexington, present a statewide smoking limitation bill to a joint meeting of the House and Senate Health and Welfare Committees. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Statewide smoking ban bill passes House committee
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. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Feb 8, 2013 19:00:02 GMT -5
Senate Majority Floor Leader Damon Thayer, R-Georgetown, presents a pension reform bill in the Kentucky Senate. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Pension reform bill clears Senate
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. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Feb 8, 2013 19:03:07 GMT -5
House Speaker Greg Stumbo in House. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Special districts tracking bill passes House, heads to Senate
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.” 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 DLG, which would put that data online in a centralized registry. Entities that do not submit the required data would be subject to an audit at their own expense, Edelen has said. Special districts and similar entities would have to register with DLG by the end of this year under HB 1, said Edelen. The centralized registry would go online in the fall of 2014, he said. HB 1 now goes to the Senate for its consideration. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Feb 9, 2013 6:58:12 GMT -5
Sen. Paul Hornback, R-Shelbyville (right), discusses a bill with Sen. Kathy Stein, D-Lexington, in the Kentucky Senate. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
This Week in 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. Of course, there’s more. The governor continues to push raising the school dropout rate to 18, and a growing chorus of officials and others are calling for legalization of industrial hemp in Kentucky, saying it would be a potential boon for the state’s economy and bring relief to hard-pressed post-tobacco program farmers. 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. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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Post by Press Release on Feb 12, 2013 14:10:38 GMT -5
Rep. Steve Riggs, D-Louisville, talks about a bill with Rep. Richard Heath, R-Mayfield, prior to the start of the day's legislative session in the Kentucky House of Representatives. (Photo courtesy of Mike Sunseri, Photography Director, Legislative Research Commission)
Bill to allow certain felony records to be sealed clears House, 78-19
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. The preceding was a press release from LRC eNews. For more information on items before the Kentucky Legislature contact your local senator Robert Stivers (left) and/or representative Tim Couch (right).
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