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Updated February 08, 2010 Some releases have related photos available.
House OKs bill to beef up state unemployment trust
fund
FRANKFORT
– The Kentucky House has approved a bill aimed at repairing the unemployment
insurance trust fund that pays benefits to the state’s jobless.
House Bill 349, sponsored by House Speaker Pro Tem Larry Clark, D-Okolona, cleared the House by a vote of 97-0. Should it become law, the bill would return the state’s unemployment trust fund to solvency through multiple changes that include raising the taxable wage base that determines how much employers pay into the fund and requiring interest payments be made to the fund by most local governments. It would also reduce the percentage of weekly wages paid by the fund as of 2012.
“In the year 2000, we had several dollars in the fund. We gave employers a premium reduction and gave employees and increase in benefits,” said Clark. “We now find we’ve got a structural imbalance that we have to correct."
Plagued by months of high unemployment, Clark said Kentucky’s unemployment insurance system is now millions of dollars in debt to the federal government. “Because the unemployment insurance trust (fund) is insolvent, we had to borrow $640 million from the federal government,” Clark said. “It’s estimated we may borrow (millions more) in debt that must be repaid with interest totaling $356 million from 2011 until 2018."
“HB 349 starts us on a path to solvency and is something that we need to do in order to make our plan solvent and continue long-term benefits for unemployed workers,” Clark said. The bill would also save employers $356 million over an eight-year period, he said.
HB 349
now goes to the Senate for consideration.
THIS WEEK IN FRANKFORT The 2010 Kentucky General Assembly: Week 5
FRANKFORT – The thankless job of writing a state budget in a recession year of unprecedented shortfalls inched ahead in Frankfort this week, a slow haul as leaders looked for ways to fund a cash-strapped government with minimum pain and maximum bang for the buck.
So far, it's been an elusive search.
First, the governor sent a budget proposal to the Legislature last month that relied on $780 million from racetrack slots to help plug a budget gap of a billion dollars or more. Lawmakers saw no future in trying to pass slots again this session, and determined to start from scratch in drafting a two-year spending plan without that money – and without broad tax increases.
Then, House leaders and budget staff went to work trying to shape a couple of possible 'scenarios' for arriving at a balanced budget on those terms, and had hoped to unveil their thinking at mid-week. But that plan was pushed back for a few days of further study, reflecting the magnitude and complexity of the ambitious budget task lawmakers face this year. House leaders now say they hope to release an 'outline' of a budget plan late next week, and still hope to meet the usual timeframe for sending their budget proposal to the Senate by early March.
It was notable this week that -- even though, constitutionally, budget bills must originate in the House -- Senate leaders are already conferring with their counterparts in the lower chamber, in recognition of the unique urgency and need for across-the-aisle cooperation this year.
Meanwhile, in floor action this week, the Senate unanimously approved a bill that would require the Kentucky Association of Counties and Kentucky League of Cities to allow public scrutiny of their operations and records.
Both KACo and the KLC have been targets of scathing newspaper investigations -- as well as a subsequent and highly critical State Auditor's report – about extravagant and questionable spending. SB 87 clarifies that because they’re funded indirectly through tax dollars, both groups are subject to state Open Records and Open Meetings laws. It also requires that they adopt ethics and nepotism codes, follow the state’s model procurement code, and launch a website by year's end making their finances public. Each would also have to undergo an annual audit.
Domestic violence has emerged as an 'A-list' issue this session. A House committee this week began debating an expanded bill to strengthen Kentucky’s domestic violence laws, including a provision that would extend court protections to dating partners.
The push on this issue was prompted by the early-morning shooting death of Amanda Ross last Sept. 11 outside of her Lexington home. Ross, a state Department of Insurance employee, had sought domestic-violence protection from the courts before her death. HB 1, called 'Amanda's Bill,' passed the House quickly early in the session.
This week the House Judiciary Committee debated an omnibus bill that brings together parts of six different House bills to toughen the state’s domestic violence laws. One major committee concern was the cost of implementing the bill and how it would be received by the state’s court system.
The next day, eight Kentucky judges testified before the Senate Judiciary Committee about just that, although specifically they were discussing 'Amanda's Bill,' which would allow judges to order the use of GPS tracking devices to protect victims in domestic-violence cases.
The judges testifying to the Senate panel favored the bill in principle; but collectively they had questions about its constitutionality, its cost, and whether GPS devices might give a 'false sense of security' in rural or mountainous parts of the state where service is spotty or unreliable.
The Senate panel – like the House committee discussing the omnibus bill -- said it will have further discussions before a vote.
Finally, the House this week passed a bill banning anyone driving a motor vehicle from text messaging, and banning any driver under age 18 from using a cell phone. HB 43, which passed the House 80-16 and now goes to the Senate, would include certain exemptions—such as texting or making calls in times of medical or police emergencies—but violators would face fines of between $20 and $100 beginning next year. The bill would also require young violators with learner's permits or intermediate licenses to wait an additional six months before applying for a permanent operator’s license.
The General Assembly is committed to both citizen access and public participation in its work.
Its Home Page, www.lrc.ky.gov provides information on each of Kentucky’s senators and representatives, including phone numbers, addresses, and committee assignments. The page also has summaries and full texts of bills under consideration, as well as information on the daily progress each bill has made through the legislative process.
By going to the LRC eNews page, www.lrc.ky.gov/pubinfo/listserv.htm, citizens can subscribe to frequent e-mail updates on what's happening at the Capitol. In addition, the General Assembly has its own blog, Capitol Notes, www.lrc.ky.gov/pubinfo/capitol_notes.htm
Kentuckians can also keep abreast of General Assembly action in the following ways: n A taped message containing legislative committee meeting schedules is updated daily at 1-800-633-9650. n To leave a message for any legislator, call the General Assembly’s toll-free Message Line at 1-800-372-7181. n People with hearing difficulties may leave messages for lawmakers by calling the TTY Message Line at (808) 896-0305. n To check the status of any bill, call 1-866-840-2835.
Bill to
ban texting while driving heads to Senate FRANKFORT
– A bill that would ban text messaging by drivers of all ages and cell phone use by
drivers under age 18 has passed the House by an 80-16 vote. House
Bill 43, sponsored by Rep. Jody Richards, D-Bowling Green, now goes to the Senate for
consideration. Violators
of HB 43 would face a fine between $20 and $100 for each offense beginning in 2011. The bill would also require young violators with
driver’s permits or intermediate driver’s licenses to wait an additional six
months before applying for their permanent operator’s license. Some
lawmakers argued that the law would be difficult for law enforcement to enforce and that
current laws against reckless driving are sufficient. Richards replied that the bill could
save lives. “Those
teenagers 16, 17 (years old) are among the most vulnerable drivers anywhere. If they learn
good habits in their formative years, maybe it will help them avert a serious
accident,” he added. “If we can help one family not have to go through that,
this bill is worth it.” HB
43 would allow drivers under 18 to use cell phones in emergencies. It would also allow
texting by emergency officials as part of their official duties or texts to report illegal
activity or to summon help in an emergency.
Bill
would beef up state’s ailing unemployment trust fund FRANKFORT – A bill that would help repair Kentucky’s unemployment insurance trust fund has cleared the House Labor and Industry Committee.
By
increasing the taxable wage base that affects how much employers pay into the fund from
$8,000 to $12,000 by 2022 and charging interest on unemployment insurance payments made by
most local governments, House Bill 349 is expected to return the state’s unemployment
insurance system-—now millions of dollars in debt to the federal government—to
stability and solvency. The
bill would also lower the percentage of weekly wages that are replaced by the trust fund,
effectively reducing workers’ weekly unemployment benefits as of 2012. “Because
our unemployment insurance trust fund is insolvent, we had to borrow money—over $640
million from the federal government to pay regular benefits to our unemployed,” said
House Speaker Pro Tem Larry Clark, D-Okolona, who is sponsoring the legislation. “We
may borrow over $1 billion in debt that must be repaid with interest that will total $356
million from 2011 to an anticipate payoff (in 2018).” Increasing
the taxable wage base is expected to directly increase contributions to the trust fund but
have no fiscal impact on most local governments, since most local government units
reimburse the trust fund for payments made on their behalf instead of making regular
contributions. By requiring these local government employers to also reimburse the fund
for lost interest earnings, HB 349 does more to help the ailing fund, according to a
legislative report on the bill’s fiscal impact. HB 349
now goes to the full House for consideration.
License
revocation bill goes to Senate FRANKFORT –Kentucky
judges would no longer be required to revoke driving privileges of convicted thieves who
fail to pay court-ordered restitution under a bill that passed the House today. House Bill 35, sponsored
by Rep. Darryl Owens, D-Louisville, would make revocation of a driver’s license in
cases where restitution is not paid discretionary rather than mandatory, he said. “HB 35 basically
corrects what I perceive and many others perceive to be unintentional consequences of a
bill that passed last year,” Owens said. The bill “ gives the judge discretion
and says (he or she) may revoke the license as opposed to mandatorily having to revoke the
license when restitution is ordered.” The bill was changed by
the House to also allow courts to waive the current 30-day waiting period for a hardship
license. HB 35 passed 85-10 and now goes to the Senate.
Child
psychiatric care bill passes House FRANKFORT
– Children with severe psychiatric disorders who must now be treated out of state
because of a lack of options in Kentucky could return home under a bill that cleared the
House today. House
Bill 231, sponsored by Rep. Jimmie Lee, D-Elizabethtown, would create a new level of
licensed psychiatric residential treatment facilities for special-needs Kentucky children
now being cared for in states as far away as Utah and Texas. Lee said the bill would set
requirements for operation of the facilities, which could be located across the
Commonwealth by qualifying applicants. “The
problem we’ve had for at least 10 years…is we’ve not had any facilities to
work with these special needs kids, and these are very, very difficult kids to work
with—that’s why they’re out of state,” said Lee, adding some of the
children are sexually aggressive, while others have a low IQ or engage in self mutilation.
Between 50 to 90 children would be served by HB 231, he added. The
bill “would deal with a very, very select group,” Lee said. HB 231
passed 94-0 and now goes to the Senate for consideration.
February 3, 2010
Transparency
bills clear Senate FRANKFORT
— Two bills aimed at making government and quasi-governmental groups more accountable
to the taxpayers passed the Senate unanimously yesterday. Senate Bill
40, sponsored by Sen. Damon Thayer, R-Georgetown, would require all three branches of
government to put their spending records online as a searchable database by January 1,
2011. The databases would be updated monthly, with information in the state’s
electronic accounting system would be updated weekly. The information would include the
amount and description of the spending, along with any documentation available
electronically. “This
puts Kentucky’s checkbook online,” Thayer said of the bill, known as the
Taxpayer Transparency Act of 2010. Senate Bill
87, also sponsored by Thayer, extends the same requirements to the Kentucky League of
Cities and the Kentucky Association of Counties, both funded by dues and insurance
premiums from local governments. In addition, SB 87 requires an annual audit of each
group’s finances, with the state’s Auditor of Public Accounts given access to
the findings. “We
need to re-establish taxpayer confidence in these entities,” Thayer said. “It is
unfortunate that this body had to take these steps” in the wake of media reports last
summer involving KLC and KACo spending. SB 87 incorporates into law some of the
recommendations made by Auditor Crit Luallen made after those reports, including mandates
for formal procurement, compensation, and ethics policies. The bill
also clarifies that both organizations fall under the state’s Open Records and Open
Meetings laws, with exceptions for proprietary insurance information. Each bill
passed on a 37-0 vote and now moves to the House for its consideration.
Senate OKs independent voters in
primaries FRANKFORT
— Independent voters could take part in partisan primary elections under legislation
passed by the Senate today. Senate Bill
53, sponsored by Sen. Jimmy Higdon, R-Lebanon, would allow independent voters to choose a
party primary to vote in. They would limited, however, to a single party’s candidates
for the entire ballot – no switching between parties for different offices. “No one
wants to be shut out of the political process,” Higdon said. He noted that in many
counties, a single party dominates, effectively turning the primary election into the only
real choice for local offices. In many of those counties, otherwise independent voters
join the majority party for practical reasons. “There’s
no reason a person should be forced to choose to join a political party whose views they
do not concur with,” he said. An amendment
to the bill requires anyone wanting to vote as an independent to switch by December 31,
the same mandate imposed on party members. The bill,
which passed 25-12, now moves to the House for its consideration.
February
1, 2010 Bus
driver bill passes House, 94-0 FRANKFORT
– A state law that requires school bus drivers and other classified school employees
to have a high school diploma or GED could be waived under a bill that cleared the House
today. “In
a routine audit … it was discovered that we have some school bus drivers who are
very, very good drivers. They all possess CDLs (commercial driver’s licenses), but
they do not possess a high school diploma or a GED,” said Rep. Tom McKee, the sponsor
of House Bill 142. “This bill provides for those drivers to continue in their
positions.” HB 142
passed the House by a vote of 94-0 and now goes to the Senate. McKee,
D-Cynthiana, said waivers would be decided by the state Board of Education on a
case-by-case basis and would only apply to current employees who have proven to be
competent in their jobs. Concerns
with the waiver language prompted Rep. Jim Wayne, D-Louisville, to ask McKee about the
bill. “Do
we not want to incentivize these people to get a GED as a model for the people who are
actually riding on the bus?” said Wayne. McKee said an employee’s driving skills
are most important, and those skills are proven by their ability to hold a CDL. Retired
educator Rep. Linda Belcher, D-Shepherdsville, said she holds two college degrees and a
CDL and that she knows how difficult earning a CDL is. “You
have to learn all about the bus, the different parts. There are about 200 parts you have
to know in order,” said Belcher. “You have to understand how the bus actually
runs, but one of the most important things you have do is…have a caring attitude for
kids, and you can’t always get that.”
THIS WEEK IN FRANKFORT The 2010 Kentucky
General Assembly: Week 4 FRANKFORT – If there's such a thing as a reverberating
thud, the last echoes of a big one faded away in the Capitol this week, as the governor's
dead-on-arrival budget proposal receded into memory and the General Assembly turned toward
drafting its own. Even with a usable framework from the governor to
launch from, writing the state's two-year spending plan is a sprawling, complex job. It
involves 13 budget-review subcommittees and two full Budget Committees between the House
and Senate, and somewhere approaching $18 billion in taxpayer money to allocate wisely. Throw in this year's sobering reality of significant
shortfalls (close to a billion dollars or more), uncertain revenues, and problems that
seem to emerge or get worse every day -- plus a bad recession that seems grimly fixed on
staying around awhile -- and you have a recipe for late nights and hard choices in the
Capitol. One thing seems as certain now as anything can seem
in an especially uncertain Legislature: This two-year budget won't be built on new slots
revenue. The leaders of both chambers have pronounced the governor's proposal for
racetrack slots dead for this session. The possibility of a major tax-code reform
initiative has been broached on both sides, but leaders say complexity and logistics argue
against getting that accomplished in the relatively short time left this session. So overall, it's safe to say this week's lack of
high-profile floor action masked a major gearing-up for a major task, as the 2010 session
ended its first month. The lull that seemed to settle over In fact, some bills of statewide interest did move
forward this week. One was a bill that wouldn't even have been
conceivable 10 years ago, but reflects modern digital reality. Approved by committee and
heading for the floor, House Bill 43 would ban text messaging by all drivers and the use
of cell phones by drivers under age 18. Violators would face a fine of between $20 and
$100 beginning next year. Officials say driver texting and cell phone use are on the
increase, and are proven factors in motor-vehicle crashes. Several official actions to
curb both have already been taken at the state and federal level. Other states have passed
bills similar to HB 43, and The Senate Education Committee this week approved an
organized track for students seeking to start college early. SB 67 creates a statewide
program for students seeking to graduate high school in less than four years. Under the
program, students would have to complete 18 courses, including 16 core requirements, and
achieve a 3.2 GPA and minimum ACT scores. SEEK funding that would otherwise go to their
school district for their senior year would be redirected to their college or university,
and KEES funding would be recalculated to account for their earlier graduation The General Assembly is committed to both public
access and public participation in its work. Its Home Page, www.lrc.ky.gov provides information on
each of By going to the LRC eNews page,
www.lrc.ky.gov/pubinfo/listserv.htm, citizens can subscribe to frequent e-mail updates on
what's happening at the Capitol. In addition, the General Assembly has its own blog,
Capitol Notes, www.lrc.ky.gov/pubinfo/capitol_notes.htm Kentuckians can also keep abreast of General Assembly
action in the following ways:
Bill to
expand whistleblower laws goes to House FRANKFORT
– Legislation that would expand job protections for state and local government
whistleblowers passed the House State Government Committee today. House
Bill 185, sponsored by Rep. Jim Wayne, D-Louisville, would give whistleblowers—or
employees who raise concerns about wrongdoing in their workplace—the freedom to
report wrongful actions to their supervisor or refuse to participate in certain activities
without fear of retaliation. It would also
require that the state’s whistleblower statutes be posted in government offices. Career
state employee Julia Johnson of Louisville, who testified before the committee on HB 185,
called the provision to require postings of the state’s whistleblower laws the part
of the bill that is “closest to my heart.” “Having
been in state government as long as I have, I can tell you most state employees have no
clue what their whistleblower rights are,” said Johnson. “It’s really
important to educate the workers so we know we can report without reprisal.” The
bill would also clarify additional subjects that a whistleblower could complain about
without fear of employer backlash, and would extend the state statute of limitations to
file a whistleblower lawsuit from 90 days to 180 days. Additionally,
an employee’s right to object to, or refuse to participate in, any workplace activity
or policy they feel is a violation of law is clarified in the bill. HB 185
now goes to the full House for a vote.
Inmate
food bill clears House committee FRANKFORT
– Legislation has passed a House committee that would eliminate privatized food
service for inmates at Kentucky’s prisons. The
House Judiciary Committee approved House Bill 33, sponsored by Rep. Brent Yonts,
D-Greenville, which would require inmate food service at the state’s prisons be
turned over to the Department of Corrections at a cost of an additional $5.4 million per
year. The state currently pays around $12 million a year for prison food service through
Aramark. HB 33
now goes to the full House for consideration. A
recent Corrections report indicates that the quality and quantity of Aramark’s food
service—provided to the state at a cost of $2.63 per inmate per day—was an
underlying factor in last fall’s riot at Northpoint Training Center, a state prison
in Burgin. State
prisons officials at today’s meeting said restricted inmate movement at Northpoint
was the main trigger of the riot. However,
Yonts told the House Judiciary Committee that he believes Aramark’s food was a
“root cause” of the riot that led to extensive fire damage at the prison. “Food
was the cause and genesis of the riot at Northpoint,” said Yonts, who then gave
detailed testimony on the events surrounding the riot. House
Minority Leader Jeff Hoover, R-Jamestown, said Yonts’ testimony indicated a strong
concern with prison management, although management is not addressed in the bill. Yonts
said prison management could be addressed in other legislation or by the Corrections
department. “I
don’t think we as a legislative body can direct how the Department of Corrections
runs their business…I don’t think we can minutely manage the daily operations of
a prison when we’re not trained to do so,” said Yonts. “The root problem
was the issue of food.”
House
votes to create Green Schools Caucus FRANKFORT
– The Kentucky House today voted to create a General Assembly Green Schools Caucus
that will support healthy, environmentally-friendly schools statewide. The
Green Schools Caucus, created by the passage of House Resolution 24, will encourage the
construction of more “green schools”-- energy efficient, water efficient,
environmentally-sustainable schools designed to improve learning and save school districts
money. Currently there are three green schools under construction in the state: two in
Warren County and one in Kenton County. HR 24
co-sponsors Reps. Mary Lou Marzian, D-Louisville, and Jim DeCesare, R-Bowling Green,
proposed the creation of the Green Schools Caucus after traveling to Washington, D.C. to
learn more about the green school concept. The health and learning benefits soon became
clear, Marzian told fellow lawmakers before today’s floor vote. “Our
teachers do such a wonderful job educating our children but, as you know, our buildings
and our school buildings sometimes are quite lacking,” said Marzian. “There has
been data collected that kids who go to green schools have less absences for asthma. They
make better grades, they do better in school, and our teachers have better
attendance.” DeCesare,
who represents part of Warren County, said green school technology is a good investment. “For
a one percent investment on the front end of a green school, you get that back ten
times,” DeCesare said. “Learning is better when you are in a green school.”
House
Majority Leader Rocky Adkins said Kentucky is a leader in green schools construction and
renovation, adding “it’s amazing what’s taken place in the area of energy
efficiency and conservation.” The
three green schools now being built in Western and Northern Kentucky will be among the
nation’s first “energy net-zero” public schools, according to HR 24.
January 25, 2010
FRANKFORT — Women seeking an
abortion would be provided with an ultrasound and explanation of what’s shown in that
ultrasound under legislation passed by the Senate today. Senate Bill 38, sponsored by Sen.
Elizabeth Tori, R-Radcliff, would also specify in law that the physician-patient meeting
held before an abortion be conducted in person rather than via phone or videoconference. “Senate Bill 38 addresses a
health and public safety issue in relation to abortion,” Tori said. “An
ultrasound is nothing more than an X-ray in motion.” The bill would require the doctor or a
certified technician working with the doctor to conduct an ultrasound and explain various
aspects of the fetus’ location and condition. The patient would be able to view the
image, but would not be required to. The doctor, however, would face a $100,000 fine the
first time the ultrasound is foregone, and a $250,000 fine for subsequent offenses, in
addition to having the violation reported to the Kentucky Board of Medical Licensure. The bill, which passed 32-4, now heads
to the House for its consideration.
January 22, 2010
THIS WEEK IN FRANKFORT The 2010 Kentucky General Assembly: Week 3
The Budget Address
– which lawmakers hoped would clarify the state's current fiscal difficulty and serve
as the basic framework for moving the budget process forward -- ran aground on the issue
of racetrack slots, revenue from which Beshear included in his proposal. Leaders of both
chambers had warned the governor not to include that money – roughly $780 million, to
help close a revenue gap he says is $1.5 billion – because lack of support for his
slots proposal made passage hugely unlikely, if not impossible. The response to Beshear's
insistence on including the money anyway was immediate. Within 24 hours, the Senate
shuffled Beshear's slots bill off to an unfriendly committee, presumably to die, and the
House majority caucused and could find no support for the overall package in that chamber.
House leadership directed its Appropriations and Revenue Committee to start drafting its
own budget from the ground up. Leaders of both
Chambers acknowledged that discarding the governor's budget placed additional time
pressure on the Legislature to gather information and write a balanced budget in the
session's remaining days. They pledged early chamber-to-chamber cooperation to get that
done. Drafting a balanced
budget is always a daunting task, but especially so this year. While there's disagreement
on exact figures, most officials acknowledge there's a significant shortfall facing This comes on the
heels of multiple rounds of spending cuts to state agencies and services in recent years,
and in the midst of a stubborn recession that sees state unemployment hovering at more
than 10 percent. Those are folks who aren't working and paying taxes but who are
drawing benefits and services from the state because of their joblessness – the
recessionary down-spiral it's so hard for a poor state to pull out of. Amid all this,
there's been a growing sentiment that the time has come to seriously look at restructuring
Kentucky's tax code, to better reflect the nature of its 21st-Century economy, deal with a
chronic structural imbalance in its budget, and restore both fairness and natural growth
to its revenues, rooted in economic expansion. That's a tall order,
and whether it could be managed this winter without considerable consensus-building and
preparation (and with a fourth of this year's 60-day session gone) remains a question to
be answered as this landmark session unfolds. But leaders said serious discussions would
at least begin. The General Assembly
is committed to both public access and public participation in its work. This session, the
Legislature unveiled yet another way to expand citizen access, by making its website
iPhone-friendly. To gain access to
the new site, go to www.lrc.ky.gov/isite/index.html,
click on the “+” at the bottom of the iPhone and then click “Add to home
screen.” This will add an LRC app to the iPhone that makes the website easier to
navigate. ts Home Page, www.lrc.ky.gov provides information on each of
Kentucky’s senators and representatives, including phone numbers, addresses, and
committee assignments. The page also has summaries and full texts of bills under
consideration, as well as information on the daily progress each bill has made through the
legislative process. By going to the LRC
eNews page, www.lrc.ky.gov/pubinfo/listserv.htm, citizens can subscribe to frequent e-mail
updates on what's happening at the Capitol. In addition, the General Assembly provides
frequent online news updates, called Capitol Notes, www.lrc.ky.gov/pubinfo/capitol_notes.htm Kentuckians can also
keep abreast of General Assembly action in the following ways: n A taped message containing legislative committee meeting schedules is
updated daily at 1-800-633-9650. n To leave a message for any legislator, call the General
Assembly’s toll-free Message Line at 1-800-372-7181. n People with hearing difficulties may leave messages for lawmakers by
calling the TTY Message Line at (808) 896-0305. n To check the status of any bill, call 1-866-840-2835.
Nuclear power proposal gets Senate
approval FRANKFORT
— A statewide moratorium on nuclear energy plant construction would end under
legislation passed by the Senate today. Senate Bill
26, sponsored by Sen. Bob Leeper, I-Paducah, would allow new nuclear power plants in
Kentucky if the facility’s plan for storing the high-level waste conformed to federal
guidelines. Current law mandates a plan for waste disposal, in effect a ban because no
disposal site has yet been approved anywhere in the United States. “We
have 104 nuclear reactors in this country running very safely,” Leeper said. A
uranium enrichment plant currently operates in Paducah, although it is scheduled to close
in 3-8 years. Opening up Kentucky to nuclear energy would make the state competitive for
more energy-sector jobs, he said, taking advantage of those workers’ job skills.
“(SB 26) allows us to put ourselves on the map in boardrooms across the country”
as they seek to expand. The bill,
which passed on a 27-10 vote, now heads to the House for its consideration.
Senate OKs stroke center plan FRANKFORT
— A program to highlight top-notch stroke centers could result in lives saved,
senators said in a unanimous vote today. The chamber
approved Senate Bill 1, sponsored by Senate President David Williams, R-Burkesville. The
bill number is reserved each session for the leader’s highest priority. Under SB 1,
facilities that are certified by the Joint Commission on Accreditation of Healthcare
Organizations or the American Osteopathic Association would be state-designated as primary
stroke centers. Such facilities would provide a high standard of stroke care, including a
greater ability to treat multiple types of strokes in an emergency setting and first-rate
care during recovery. “As part of the certification process, these institutions have
a responsibility for community education,” Williams added, working toward a goal of
stroke prevention as well as awareness and treatment. Having
superior stroke care is especially important in Kentucky because it lies in the
“stroke belt,” with a high rate of strokes and high rate of mortality from them.
The state currently has 12 primary stroke centers — four each in Louisville and
Northern Kentucky, two in Lexington, and one each in Pikeville and Bowling Green. The
legislation wouldn’t impose new requirements on hospitals or require state funding,
he said, but would simply act as recognition for achievement that would bring attention
from those who may require stroke care. The bill,
which passed 37-0, now heads to the House for its consideration.
THIS
WEEK IN FRANKFORT The
2010 Kentucky General Assembly: Week 2
FRANKFORT –
When a major bill makes its way to either chamber's floor for a vote in the session's
early days, it's a sure sign the bill has uncommonly deep support in that chamber. Double
that certainty if the bill has already earned a well-recognized nickname with lawmakers,
public and press. If yet another major
bill gains final approval in both chambers and is sent to the governor for his
expected signature in just five days, that's even rarer. Frankfort this week
saw both rarities. Probably getting the
most public attention was House Bill 1 – widely known as 'Amanda's Bill' – which
passed the House on the session's sixth day with no dissenting votes. The bill came
in response to one of Kentucky's most high-profile domestic-violence cases in recent
years. It was named for
domestic violence victim Amanda Ross. Former state Rep. Steve Nunn has been charged with
the murder of Ross, who had dated Nunn and had a Domestic Violence Order filed against him
at the time she was shot and killed outside her Lexington home last fall. Lawmakers hope HB 1
will help protect victims like Ross though court-ordered GPS monitoring of potential
assailants in DVO cases where an evaluation shows serious violence, injury or death is
likely without such tracking. The device would alert police if the wearer is coming too
close to a potential victim. Counties that buy or
lease the monitoring devices—which would be paid for by the accused abuser -- could
use them for monitoring pretrial release, pretrial diversion and probation as well as DVO
cases. The legislation passed the House 97-0 and now goes to the Senate. Meanwhile, if it's
true that very few bills pass out of one chamber this early and fast, it's even rarer for
a bill to race through the entire process of becoming law in five days
-- the minimum necessary under the state Constitution. But a fleeting chance to
capture millions of dollars in federal funding for state schools was a golden opportunity
that prompted quick action in the session's opening days. House Bill 176
became the first piece of legislation to reach the governor’s desk this year, as the
Senate and House cooperated and fast-tracked the bill. Time was of the essence: A Jan. 19
deadline loomed for state education officials to apply for federal Race to the Top funds,
up to $200 million or more that can be used toward improving state middle and high
schools. HB 176 also qualifies Kentucky for $45 million in other federal funds to turn
around low-performing schools. HB 176 is aimed
at schools with persistently lagging graduation rates or reading and math scores that
continue to perform at the bottom of federal or state test results. Such schools will
face four 'intervention' options to get them turned around. One would be to remove the
principal and school council, while another would replace half or more of the
school’s faculty with teachers from higher-achieving schools. A third option would
turn over management of the school to an outside group, subject to approval by the local
and state school boards. The most drastic step would be to simply close the failed school
and disperse its students to higher-achieving schools. None of these
options would be undertaken lightly — an audit committee would assess the school from
top to bottom before deciding which course of action is most suitable. Kentucky's Race to
the Top application will also include a plan to expand the Advance Kentucky program by 20
high schools each year. This program encourages good students to take college-level
coursework while still in high school. Meanwhile, the
Senate passed legislation to address an urgency of a different sort. Senate Bill 51
is aimed at reversing an unintended consequence of 2005 legislation dealing with
broader issues in our public pension system. It would end lawmakers’ ability to put
their years of service in the General Assembly toward pensions in the other branches of
government. As legislators, we
receive part-time pay, and a relatively small retirement benefit. But taking a job in the
executive or judicial branches usually means full-time employment at a much higher salary
-- and with the current statute, the pension balloons dramatically. It’s a quirk in
current law that will cost taxpayers an extra $1.4 million next year, and even more in the
future, unless it is changed. Upcoming in the
General Assembly next week: Some clarification of Kentucky's fiscal situation and
prospects, when Gov Steve Beshear delivers his Budget Address to a joint session Jan 19.
After that, lawmakers will begin the budget-writing process in earnest, and more bills
will start trickling out of committees for chamber votes. The Legislature is
committed to both hearing from and informing the public about its work. This week, it
unveiled yet another tool for doing so, by making its website iPhone-friendly. To access the new
site, go to www.lrc.ky.gov/isite/index.html,
click on the + at the bottom of the iPhone and then click 'Add to home screen.' This will
add an LRC app to the iPhone that makes the website easier to navigate. The Legislature's
Home Page, www.lrc.ky.gov
provides information on each of Kentucky’s senators and representatives, including
phone numbers, addresses, and committee assignments. The page also has summaries and full
texts of bills under consideration, as well as daily meeting schedules and information on
the daily progress each bill has made through the legislative process. By going to the LRC
eNews page, www.lrc.ky.gov/pubinfo/listserv.htm, citizens can subscribe to frequent e-mail
updates action at the Capitol. In addition, the Legislature has its own blog, Capitol
Notes, at www.lrc.ky.gov/pubinfo/capitol_notes.htm Kentuckians without
Web access can keep abreast of General Assembly action in the following ways: ·
A taped message containing legislative committee meeting schedules is
updated daily at 1-800-633-9650. ·
To leave a message for any legislator, call the General
Assembly’s toll-free Message Line at 1-800-372-7181. ·
People with hearing difficulties may leave messages for lawmakers by
calling the TTY Message Line at (808) 896-0305. ·
To check the status of any bill, call 1-866-840-2835.
Plan for low-performing schools headed to governor FRANKFORT
— The Senate put its stamp on a plan to boost low-performing schools today, sending
it to the governor’s desk in time for the state Department of Education to apply for
millions in federal funding. House Bill
176, sponsored by Rep. Carl Rollins, D-Midway, gives those school districts four options,
ranging from principal replacement to school closure, for schools that see their
graduation rates stay below 60 percent over three years or that fail certain No Child Left
Behind thresholds. Among the
available options are one where the school would replace half or more of its staff, and
another where management of the school is transferred to an organization selected by the
local school board and approved by the state school board. The bill,
the first passed by the General Assembly during its 2010 Regular Session, is an emergency
bill because state education officials needed the program in place in order to qualify for
millions of federal dollars, the application for which is due next week. The Race to the
Top funds, totaling $160-200 million, will be given to states based on their plans in
several areas, from teacher recruitment to improving low-performing schools. The
legislation also qualifies Kentucky to compete for $45 million towards school improvement. “We
must invest in our young people,” said Senate Education Committee Chair Ken Winters,
R-Murray. “That starts with making sure low-performing schools receive appropriate
attention.” The Senate
clarified language in the House version and added a mandate that the state’s
application for Race to the Top funding include language on expanding the Advance Kentucky
program by 20 schools each year. The program boosts the availability of college-level
courses to high school students. Following
unanimous approval in the Senate, the House concurred with the Senate changes, forwarding
the legislation to the governor for his signature.
‘Amanda’s
Bill’ passes House, heads to Senate FRANKFORT
– A bill named after domestic violence victim Amanda Ross that would encourage
Kentucky courts to order electronic monitoring in certain domestic violence order cases
has passed the House by a 97-0 vote. House
Bill 1—also called “Amanda’s Bill” in memory of Ross, who was shot to
death outside her Lexington apartment last September—would allow the use of global
positioning system (GPS) monitoring in some domestic violence cases that the courts deem
most dangerous. House Speaker Greg Stumbo, the sponsor of HB 1, said the legislation would
make GPS monitoring economical by allowing counties to buy or lease GPS systems for
pretrial release, pretrial diversion or probation and use those systems in domestic
violence cases. The
cost of GPS monitoring, about $7 to $10 a day, would be paid by those being monitored,
Stumbo said. HB 1
now goes to the Senate for its consideration. If passed into law, it would become law
immediately under an emergency clause attached to the measure. Stumbo
said Kentucky has been at the forefront of rights for domestic violence victims for 30
years, but it wasn’t until Ross’ death that Stumbo said lawmakers realized that
GPS could be used as “another form of deterrent” that can protect victims 24
hours a day, 7 days a week. “This
is not about the criminal justice system—this is to restrain conduct,” said
Stumbo. “It is not a finding of innocence or guilt.” State
Rep. John Arnold, D-Sturgis, asked Stumbo how the person monitoring those wearing GPS
devices under a DVO would know if the device had been removed. Stumbo said a signal is
sent to the GPS monitor that a device has been tampered with if the device is not removed
with a certain tool. Similar
to devices in some automobiles and cell phones, the GPS devices worn by individuals track
a person’s movements using technology encased in a bracelet or other item which a
person is ordered to wear. Under Amanda’s Bill, judges would be allowed to order the
use of a GPS device if an evaluation shows a domestic violence case is dangerous enough to
warrant its use. “We’re giving the courts, hopefully, a tool so that the judge can know for sure what is happening in the field,” Stumbo said.
January
12, 2010 LRC
makes legislative info iPhone-friendly FRANKFORT
– Kentuckians with iPhones will now find it easier than ever to remain connected to
the Kentucky State Capitol. The
Legislative Research Commission (LRC) has unveiled an iPhone-friendly way for people to
have ready access to information about lawmakers, legislation moving through the General
Assembly and legislative news. With one touch on their home screen, iPhone users can pull
up key features of the Kentucky Legislature Home Page that have been formatted
specifically for their phones. “We’re
always looking for ways to keep people connected to the Kentucky General Assembly,”
said LRC Director Robert Sherman. “This is another way for citizens to have easy
access to up-to-date information about the Legislature whenever they want. The
better-connected people are to the State Capitol, the more likely they are to provide the
informed feedback that lawmakers depend on to serve our state.” To
begin using the new feature with an iPhone, go online to www.lrc.ky.gov/isite/index.html.
Click on the “+” sign at the bottom of your iPhone’s home screen and choose
“Add to home screen.” The LRC seal that will appear on your home screen will
allow you to instantly connect to a wealth of legislative information, including the
General Assembly’s daily calendar. Users
of the LRC’s iPhone feature can use it to connect to all the resources available on
the Kentucky Legislature Home Page. The Web site is updated daily to indicate each
bill’s status in the legislative process and how each lawmaker voted on legislation.
Bill summaries, amendments and resolutions and also available on the site.
January
12, 2010 Bill to
address failing schools passes House FRANKFORT
– Kentucky could respond to low-achieving schools through a number of intervention
options-- including school closure--under a bill that passed the Kentucky House yesterday
by a vote of 96-0. House
Bill 176, sponsored by Rep. Carl Rollins, D-Midway, would offer several options to schools
that consistently rank near the bottom in student achievement and are facing closure.
Those options include replacing the principal and implementing school-performance
enhancing strategies, re-staffing a school after removing its principal and at least 50
percent of its faculty and staff, school consolidation and transferring the daily
operation of the school to a state Board of Education-approved non- or for-profit
organization. Under
the closure option, Rollins said staff would be transferred to other school in their
districts that are meeting state accountability measures. Some
lawmakers said they would support the legislation although they favor the establishment of
charter schools which are not established under HB 176. Charter schools are privately-run
schools that receive public funding. “I’m
hopeful that sometime this session, we can consider the issue of charter schools,”
said Rep. Stan Lee, R-Lexington. Passage
of HB 176 is aimed at helping Kentucky compete for $45 million in federal aid for school
improvement and $160-$200 million under the federal Race to the Top school achievement
program over four years. Money from the programs could be used to help low-achieving
schools, defined in HB 176 as schools that consistently perform in the bottom five percent
in reading and math proficiency and have graduation rates at or below 60 percent. Kentucky’s
application for the Race to the Top program is due Tuesday, Jan. 19, Rollins said, adding
that HB 176 would have to pass into law this week for Kentucky to apply this round.
Currently, 11 schools qualify for the $45 million in school improvement funds, he said. “Time
is of the essence for this legislation…,” said Rollins. HB 176
now goes to the Senate for its consideration.
January 8, 2010 FRANKFORT – Without the gritty specifics that will come later this month in his Budget Address -- but awash in an almost aggressive optimism -- Gov. Steve Beshear offered a hopeful if not quite upbeat assessment of the State of the Commonwealth to a joint session of the General Assembly this week. Beshear's address, his third since taking office, came on Day 2 of the 2010 session of the Kentucky General Assembly, which convened Tuesday in Frankfort. In what seemingly has become a yearly ritual, lawmakers gathered in the Capitol amid revenue projections that once again fall far short of expectations. While some key lawmakers dispute the governor's figures, Beshear has warned of shortfalls up to $1.5 billion facing the Legislature as it writes a two-year spending plan for the state. If true, that means some major policy decisions face lawmakers when the governor's actual proposed budget is figuratively nailed to the House Chamber door Jan. 19. Even if not, the money picture is gray as winter, and hard policy choices await. But Wednesday's speech by the governor was more inspirational and thematic than policy-wonkish. While acknowledging the day's fiscal adversity, he insisted we see it as opportunity – and cited a laundry list of accomplishments the state has achieved despite round-after-round of cuts since the last budget was passed two years ago. He urged continued 'strategic thinking' in dealing with the problem. (One example of which came the next day, when key legislative leaders said they'd consider issuing bonds for school construction and other community-development projects this session despite the shortfall, to take advantage of historically low interest rates). The governor did mention a couple of significant initiatives for this session: Raising the state's school drop-out age beyond the current 16, and paying for stop-smoking programs with Medicaid. He also called for tougher domestic-violence legislation, and eliminating a small monthly premium for some very low-income recipients of the Kentucky Children's Health Insurance Program. None of those are big-ticket items. He also set a priority on maintaining base funding – the SEEK formula -- for public schools But he did not mention something that has become the signature issue of his governorship: Expanded gambling in the form of racetrack slots. While a slots proposal passed the House last session, it died in a Senate committee – and there's no indication the Senate is any more agreeable this time around. The Senate may, however, consider an alternative proposal to let the voters themselves decide the issue in a Constitutional referendum. Substantively, some committees began holding hearings this week, including the House Judiciary Committee, which reviewed and passed House Speaker Greg Stumbo’s House Bill 1. Known as Amanda’s Bill -- in memory of domestic violence victim Amanda Ross, who was murdered in Lexington last fall -- HB 1 would allow Kentucky courts to use GPS monitoring in some domestic violence cases. HB 1 now goes to the full House. The Kentucky Legislature encourages citizen participation in the legislative process, as this year's 60-working-days session works its way through mid-April. Its Home Page, www.lrc.ky.gov, provides information on each of Kentucky’s senators and representatives, including phone numbers, addresses, and committee assignments. The page also has summaries and full texts of bills under consideration, as well as information on the daily progress each bill has made through the legislative process. By going to the LRC eNews page, www.lrc.ky.gov/pubinfo/listserv.htm, citizens can subscribe to frequent e-mail updates on what's happening at the Capitol. In addition, the General Assembly has its own blog, Capitol Notes, www.lrc.ky.gov/pubinfo/capitol_notes.htm Kentuckians can also keep abreast of General Assembly action in the following ways: A taped message containing information on legislative committee meeting scheduled is updated daily at 1-800-633-9650. To leave a message for any legislator, call the General Assembly’s toll-free Message Line at 1-800-372-7181. People with hearing difficulties may leave messages for lawmakers by calling the TTY Message Line at (808) 896-0305. To check the status of any bill, call 1-866-840-2835.
‘Amanda’s
Bill’ heading to House floor for a vote FRANKFORT
– Legislation known as “Amanda’s Bill” that would allow Kentucky
courts to use GPS monitoring in dangerous domestic violence order situations cleared the
House Judiciary Committee today. The
committee amended Amanda’s Bill—filed as House Bill 1 by House Speaker Greg
Stumbo in memory of Amanda Ross, who was shot and killed in
Lexington last September—to include language that would allow counties to
purchase or lease GPS (global positioning system) for pretrial release of some jail
inmates. Stumbo explained that the bill would help counties contain their rising jail
costs while giving courts access to GPS equipment that could protect victims like Ross. “We
think it will help (counties) financially, and once the system is in place, the courts can
use the system for domestic violence protection as well,” he said. Stumbo
presented the bill alongside Ross’s mother, Diana Ross, and sister Carrie Ross. Diana Ross told lawmakers she was
“compelled” to speak to the committee to honor Amanda and to help others. Ross
said Amanda used the legal system to protect herself from her former fiancé, former state
lawmaker Steve Nunn, who is now charged with her murder. “Despite those efforts, we still lost
Amanda. Our state can do better, and I ask that you help us do so,” Ross said. No
homicides have been reported in any states that currently use GPS monitoring in domestic
violence cases, Stumbo said. Fifteen states now allow their courts to use GPS to protect
domestic violence victims, he added. Similar
to GPS systems in automobiles or cell phones, GPS worn by individuals track a
person’s movements by GPS technology encased in a bracelet or other device which a
person is ordered to wear. Under Amanda’s Bill, judges would be allowed to order the
use of a GPS device if an evaluation shows a domestic violence case is dangerous enough to
warrant use of the device. “The
whole focus has been on getting a bill to this committee that we think would be workable
and would provide a tool to the judiciary,” Stumbo said. HB 1
now goes to the full House for its consideration. January
5, 2010 Williams-Stumbo
press conference to follow governor’s speech FRANKFORT
-- Senate President David L. Williams and House Speaker Greg Stumbo will meet with
reporters immediately after Gov. Steve Beshear’s State of the Commonwealth Address to
field questions and offer their reactions. The
governor’s speech is scheduled to be delivered in the House of Representatives
chamber during a joint session of the Kentucky General Assembly on Wednesday, Jan. 6, at 7
p.m. The
Williams-Stumbo press conference will be held in room 327 of the State Capitol. January 5, 2010 Citizens have many ways to follow legislative action FRANKFORT -- As always, members of the
public are welcome to attend legislative committee meetings and floor sessions while
lawmakers are at the State Capitol for the General Assembly’s 2010 session. But there
are ways for citizens to stay in touch with the legislative process even if they can't
make the trip to Frankfort. The Kentucky Legislature Web Page is
updated daily to give citizens the latest legislative updates. Web surfers also can see for themselves the issues before
lawmakers by browsing through bill summaries, amendments, and resolutions. The Web site is
regularly updated to indicate each bill’s status in the legislative process, as well
as the next day’s committee-meeting schedule and agendas. In addition to general information
about the legislative process, the Web site also provides information on each of
Kentucky’s senators and representatives, including their phone numbers, addresses,
and legislative committee assignments. The Kentucky General Assembly also
maintains toll-free phone lines to help citizens across the state follow legislative
action and offer their input. People who want to give lawmakers
feedback on issues under consideration can do so by calling the Legislative Message Line
at (800) 372-7181. People who prefer to offer their feedback in Spanish can call the
General Assembly's Spanish Line at (866) 840-6574. Anyone with a hearing impairment can
use the TTY Message Line at (800) 896-0305. A taped message containing information
on the daily schedule for legislative committee meetings is available by calling the
Legislative Calendar Line at (800) 633-9650. Information on the status of each bill
lawmakers are considering will be available on the Bill Status Line, (866) 840-2835. Citizens can write to any legislator
by sending a letter with a lawmaker's name on it to: Legislative Offices, 701 Capitol
Ave., Frankfort, KY 40601. January
5, 2010 Legislative
leaders to hold Friday morning news conferences FRANKFORT
-- Senate President David L. Williams and House Speaker Greg Stumbo will once again hold
Friday morning news conferences while the Kentucky General Assembly is in session. This
marks the second year that the two leaders plan on meeting with reporters each week to
field questions and discuss the past week’s work, as well as the upcoming issues
lawmakers may tackle. The
first Friday morning press conference of the 2010 session will be held on Jan. 8 at 8:30
a.m. in room 327 of the State Capitol.
December
17, 2009 LRC to host lobbyist
workshop FRANKFORT -- The Legislative Research
Commission will hold a Jan. 7 orientation program to help legislative agents develop a
greater understanding of the Kentucky General Assembly and the legislative process. The orientation begins at 9 a.m. and
ends at 2:30 p.m. in the Capitol Annex, Room 154. A lunch break will be given from 11:30
a.m. to 1 p.m. The orientation is aimed primarily at
legislative agents working during the General Assembly's 2008 session who are new to their
jobs or those who want a refresher course in legislative operating procedures. Those
attending will have an opportunity to listen to presentations from legislative leaders,
staff members of the Legislative Research Commission and a veteran lobbyist on the inner
workings of the legislative process and the roles that legislative agents play in that
process. The Legislative Ethics Commission will
also offer a presentation. There is no charge for attending the
orientation and no pre-registration is required. The General Assembly's 2010 session
starts Jan. 5 and is scheduled to end April 15. November 9, 2009 Sports safety implementation right on
schedule FRANKFORT
— More than 8000 coaches and staff have completed a school safety course required by
the General Assembly earlier this year, high school athletic officials reported to state
lawmakers today. House Bill
383, passed during the 2009 Regular Session, mandated that at least one person at every
high school sports practice and contest have competed the course by the beginning of this
school year. Julian Tackett, the Kentucky High School Athletic Association’s
Assistant Commissioner, reported that by next school year, course completion will be a
pre-hiring requirement for all coaches. KHSAA
officials moved swiftly to put the online course in place, Tackett said. The legislation
required the course to be taught by a medical professional licensed in Kentucky, but
“there was no program out there that fit all the criteria,” he said. The KHSAA
worked with the Kentucky Medical Association to put together its own course. The online
program will allow changes to be implemented quickly, said KHSAA Commissioner Brigid
Devries. “We tried to build it for the future” despite the rush to bring it
online quickly, Tackett added. Most coaches have completed the online course’s seven
modules in 5-7 hours, he said. Dr. Peter
Bowles, who helped design the curriculum, said the program is unique. “Kentucky is
viewed as a leader in this area,” he noted. “This is the only course that’s
online in the entire country.” Bowles also
noted to lawmakers that the work was done efficiently. “We’re doing a very good
job at a very good price,” he said. Tackett noted that the course was free for
everyone who took the course. Members of
the Interim Joint Committee on Education took the opportunity to make other suggestions to
improve student-athlete safety. Rep. Derrick Graham, D-Frankfort, remarked that automated
external defibrillators would be a wise investment for schools. “A thousand dollars
for a small school sounds like a lot, but compared to a child’s life, that’s
nothing,” he said while pointing that an AED requirement was considered but left out
of the final version of HB 383. Rep. Charlie
Miller, D-Louisville, agreed with a particular suggestion included in the report of the
Sports Safety Work Group. “We need to have athletic trainers in all our schools”
he said. Among the
other findings of the work group was that the current curriculum for high school coaches
would be sufficient if required for middle school coaches as well. Jefferson County
Schools required all middle school coaches to take the course, Tackett said.
September
18, 2009 State
lawmakers look at wind, other alternative energies FRANKFORT—
State lawmakers today heard plans to create power in Kentucky from wind and make fuel from
plants instead of petroleum at a future biodiesel plant in Winchester. Scott
Sykes with Genesis Development, an Elkhorn City-based wind energy company that plans to
develop large scale wind energy projects atop reclaimed or abandoned coal mines in Eastern
Kentucky, told lawmakers on the Special Subcommittee on Energy that there are now 25
gigawatts of power produced by wind energy in the U.S. Wind
power, he added, is the fastest growing energy source in the world. “So,
wind power is ready. The question is, is Kentucky ready? I believe that it is,” Sykes
said. Wind power can compliment Kentucky’s existing fossil-fuel industry by
supplementing the work of that industry rather than competing with it, he said. “It’s
all about weaning ourselves off foreign oil and being able to diversify coal,” he
said. “We’re not wanting to compete with coal, by any means—we want to be
able to partner with them. Coal is very important to the economy of Eastern Kentucky, and
do we appreciate that.” Dr.
Bruce Pratt of Eastern Kentucky University explained plans for a pilot plant in Winchester
and Clark County will produce around 2 million gallons of biodiesel a year from biomass
like switch grass and corn stover. The
pilot plant, which is a partnership between EKU and California-based General Atomics among
others, will cost around $20-25 million to build and will precede the partnership’s
planned construction of a 50 million gallon commercial plant. The
EKU/General Atomics biofuel project is in its first phase of planning, with the first
round of federal funding received Sept. 3, Pratt said. The pilot plant will be constructed
during the second phase of the project after the biofuel produced during the first phase
is found to be engine-compatible. “What
you are trying to do here is buy down the technology so we can attract private investors
to go into the final phase, which is commercialization,” Pratt said. The commercial
plant will require one million metric tons of biomass from within 50 miles of the plant to
produce biofuel at between $1.65 and $4 per gallon. It will also require additional
funding, which Pratt said the partnership hopes to receive. Besides
helping the environment, Pratt said the use of biofuels would bolster homeland security. “Right
now 60 percent of our oil is coming from outside the United States. Some of that oil is
coming from parts of the world that are not necessarily friendly to the United States,
like Venezuela, or that are not necessarily politically stable,” Pratt said. In 2008
alone, the U.S. spent approximately $327 billion on foreign oil, he said. “If
we could just displace 10 percent of our imported oil, that’s almost $33 billion that
stays in the United States--that stays in the Commonwealth of Kentucky,” Pratt said.
Having a biofuels industry in Kentucky, he said, would have an economic impact that would
be “multiplied several times.” Rep.
Harry Moberly, D-Richmond, said that the biofuel project planned by EKU and General
Atomics is a good model to follow. “This
can be replicated with biomass in a lot of different areas (in the United States),”
Moberly said, adding that the fuel and be produced and used locally without costly
transport. Subcommittee
Co-Chair Rep. Keith Hall, D-Phelps, said supporting agriculture is important as well. “I
think it’s very instrumental that we find ways to utilize our farms and our
facilities to get the best bang for our buck and create energy for the future,” Hall
said. Rep.
Jim Gooch, D-Providence, said he supports the biofuel efforts of EKU and General Atomics
but that other options, like turning fossil fuel into energy sources, shouldn’t be
overlooked. “We
can take and make diesel fuel from coal and that doesn’t take 10 years to develop;
that can be done today,” Gooch said. “We need to be considering everything and
not dismiss things that can be done today.” Also
testifying before the committee was Roger Ford with CNG Energy, who spoke about his
company’s efforts to commercialize alternative transportation fuels including
compressed natural gas, liquefied natural gas and hydrogen. June 24, 2009
FRANKFORT -- As
Senate leaders had warned, the Beshear-proposed and House-passed racetrack slots bill was
DOA in the upper chamber this week, failing to even get out of committee, but the other
three items on the governor's call were agreed on and passed in good order as the special
legislative session wrapped up work in just eight days. Passed: An economic
incentive-package probably best known for seeking to lure a major NASCAR event to Northern
Kentucky, coupled with the so-called 'Bridges Bill' to create a finance-and-control
authority for massive transportation megaprojects like the $4.1 billion Ohio River
twin-bridges project in Louisville, and a rebalanced state budget to fix what Gov. Steve
Beshear and some predictors called a near-$1 billion shortfall in the coming fiscal year. The
economic-incentive measures lawmakers agreed to include $75 million to boost existing
incentives that encourage the expansion of businesses already operating in Kentucky. Plus,
in addition to tax credits to help Kentucky Speedway in Gallatin County land a NASCAR
Sprint Cup race, it also includes tax incentives to attract the Breeders' Cup horse racing
championships to Louisville, and creates a tax credit for small businesses and for film
and TV productions shooting in the Commonwealth. It also exempts
active-duty military from state income taxes. The initial reason
Beshear called the special session for June 15 was to revise the state budget. His
proposal called for using $741 million in federal stimulus funds to fill most of the
projected shortfall. He also proposed across-the-board spending cuts for most state
agencies -- but sparing education -- of 2.6 percent. Those steps lawmakers approved. But in the agreement
reached between House and Senate negotiators late Tuesday,
the governor's proposal to suspend three paid holidays for state workers
making less than $50,000 a year and five holidays for those making $50,000 or more was
deleted from the final bill. Overall, observers
hailed the session as highly productive, given quick and relatively painless agreement on
three major issues. But the biggest newsmaker in the room -- video lottery terminals, or
video slots – came up short when it landed in the Senate. The governor had
added VLTs to the session call to help save the state's troubled Thoroughbred industry, by
drawing more patrons to tracks and injecting new money into race purses. The hope was to
keep racetracks open, and horses and horsemen in the state. The VLT idea has
been bubbling under the legislative surface for a decade or more, but no full chamber has
ever actually voted on it -- until the House voted 52-45 last week to approve the measure.
But House leaders added a sweetener this year: a sudden proposal to tie most slots
revenues to debt service on bonds for more than $1 billion in school-building
construction, both at state colleges and in school districts statewide where crumbling
elementary and secondary buildings need replacement. However, Senate
leaders felt relying on slot-machine revenue was bad public policy, and had their own
proposal to help the horse industry without expanded gambling: Taxing state lottery sales
and adding a surcharge for simulcasting signals from Kentucky horse racing tracks. In the end, neither
chamber could agree to the other's proposal. Editor's note:
Even with this special session adjourned, the work of the Legislature continues. Soon,
between-sessions committee meetings will begin to study and debate possible legislation
for the next regular session in January. The Legislature
is committed to year-round citizen involvement in its work. Kentuckians are encouraged to
visit the Legislative Research Commission website at www.lrc.ky.gov. They will find there a wealth of resources pertaining to the current
legislative session, as well as past sessions and the legislative process in general. They may also
call the General Assembly's toll-free Message Line at 1-800-372-7181, to leave a message
for their legislator.
June
24, 2009 Incentives, bridges bill goes to governor FRANKFORT
– Legislation is on its way to becoming law that would help Kentucky finance billions
of dollars in construction of mega highway projects along with millions of dollars in
incentives to expand business, tourism and give tax breaks to Kentucky’s military and
car buyers. House
Bill 3, sponsored by Rep. Tommy Thompson, D-Owensboro, won final passage in the House by
an 86-10 vote. The bill, which includes changes agreed upon by a committee of House and
Senate conferees over the past couple days, passed the Senate by a 35-0 vote earlier
today. It now goes the governor for his signature. Transportation
provisions in HB 3 would allow a newly-created state transportation infrastructure
authority to approve in-state and bi-state projects included in the state’s current
biennial highway construction plan that cost at least $500 million, such as the $4.1
billion Louisville bridges project, although the Kentucky General Assembly would control
creation of the authorities, approval of state authority projects and changes to a
project’s scope. Bi-state projects would relate only to those road or bridge projects
co-funded by Kentucky and Indiana, with tolls authorized to pay for bonds issued for
bi-state or in-state projects. “This
… affirms the power and responsibility of the Legislature to control state
appropriations for these large projects, and to monitor plans and activities of the
authorities that may be created,” said Rep. Don Pasley, D-Winchester, who filed the
mega-project legislation. “We can do this without micromanaging.” New
economic incentives, tax breaks and tourism provisions added by the House and Senate to HB
3 include a motor vehicle use tax incentive that would only tax car buyers on the
difference between a new car purchase and the owner’s trade-in, loan support for
certain economic incentive projects, an extension of tourism development incentives and an
income tax exemption for Kentucky’s active-duty military, beginning Jan. 1. “With
the extension of the deployments that we’re seeing… this will be a real benefit
to our military families,” Senate President David Williams, R-Burkesville, said
before the Senate vote on HB 3. Other
provisions in the bill include incentives for reinvestment in existing manufacturing
facilities, streamlining of business incentives while creating new jobs, increasing the
cap from $3 million to $5 million for historic preservation projects, incentives to draw
film and Broadway play productions to the Commonwealth, incentives to attract a NASCAR
Sprint Cup race to Kentucky Speedway and the Breeders’ Cup to Churchill Downs, small
business tax credits and income tax incentives for railroad improvement and transport. “The
main emphasis will allow for our existing industry to retool and retrain,” said
Thompson. Also
added to the bill by the House and Senate is a tax credit of up to $5,000 for new home
buyers, capped at $25 million. “Of
the 10.6 percent unemployment rate that we presently have, a good portion of those people
are in the construction industry. This will allow a lot of them to get off the
unemployment rolls and go back to gainful employment,” Thompson said. June
24, 2009 Final budget reduction plan passes, headed to governor FRANKFORT — A final plan to bring
the state’s budget in line with expected revenues was passed today by both the House
and the Senate, sending it to Gov. Steve Beshear for his signature. The governor called a special session,
which began June 15, after state economists projected next year’s revenues to
come in more than 5 percent under the previously approved budget’s expectations. House Bill 4, written by a conference
committee of lawmakers from both chambers, reconciled differences between the House and
Senate’s budget plans and added language on certain economic development projects. The budget agreement largely follows
the original proposal put forth by Gov. Beshear, but changed some sections. While most
executive branch agencies would be cut by 2.6 percent, K-12 SEEK funding, colleges and
universities, and local jail funding will be kept constant. The state’s Medicaid
program will also be fully funded, while the governor’s proposal to require state
employees to forgo some holiday pay was removed. The judicial branch will send $22.6
million back to the treasury as its part in the budget reduction plan, while the
legislative branch will send back more than $2.6 million. The plan also increases funding to
county attorneys, Commonwealth’s Attorneys, and public defenders, whose expenses are
largely personnel-driven. County PVAs, another office whose spending goes mostly to
salaries, are forbidden from being cut, while state parks received a boost of $4.9
million. HB 4 now also includes language
authorizing Jefferson Community and Technical College to purchase nearby land, the
University of Kentucky to borrow $100 million to finish its medical center expansion, and
UK to work with a private company to update other facilities, including its athletics
campus. Finally, the bill approves a 1,550
acre site in Hardin County to be used for a proposed advanced battery plant. The bill passed 35-0 in the Senate and
97-0 in the House.
June
22, 2009
VLT legislation voted down in Senate committee FRANKFORT — Legislation to allow
video lottery terminals at horse racing tracks across Kentucky failed to clear a crucial
hurdle Monday, losing a 10-5 Senate committee vote. “All 138 members of the
Legislature, without exception, want to help the horse industry,” said Sen. Charlie
Borders, the Appropriations & Revenue Committee chair. “Regardless of House Bill
2’s success… this state legislature is determined to help the horse
industry.” The Senate on Friday passed its own
plan, without slots, to aid the state’s horse industry as part of House Bill 3. The
Senate changes to that bill, which also includes economic development incentives and a
proposal to fund transportation megaprojects, were rejected by the House and could be
studied by a conference committee. In addition to allowing video slots,
HB 2 would also have decreased the state’s motor vehicle tax and repealed the state
income tax on active military pay.
June
22, 2009 Ky. House honors slain woman, condemns violence in Iraq FRANKFORT
-- Members of the Kentucky House of Representatives today passed a resolution sponsored by
Rep. Tom Riner honoring an Iranian woman who was killed while protesting suspected
corruption in her country’s presidential elections. Images
of the Neda Soltani’s final moments of life were captured on a cell phone camera
after she was shot in the chest in Iran on June 20. The graphic images spread throughout
the world’s online community within hours as she became the face of Iran’s
struggle and her name became a rallying cry for fellow protesters in Iran. “She
wasn’t doing anything other than observing and being part of the freedom
movement,” said Riner, D-Louisville, while presenting his resolution in the House.
“She was standing for the rights of all Iranians to life, liberty and the pursuit of
happiness.” Riner
was joined by 93 co-sponsors in supporting the resolution, which was approved without
opposition. Soltani’s
death has “shown the world the consequences of government leaders placing their own
lust for power above the God-given rights of their people to be treated with truth,
justice, and mercy,” the resolution states. The
resolution condemns the recent violence committed by the government of Iran against its
own people and the suppression of information in that country. It also states that
Kentuckians do not support suppression “of God-given freedoms and rights by the
Iranian government and are praying for the safety and welfare of the Iranian
people...”
June 19, 2009
Gov. Steve Beshear
finally reckoned that projected state finances were indeed that dire -- this despite
skepticism on that point by some key legislative leaders, who said the real deficit was
much less if calculated properly, and did not require legislative intervention.
Regardless, the governor called the Legislature into special session, beginning June 15,
to put the budget back in balance. After issuing
the original session call limited to that topic, he added some other items:
Economic-development incentives that would in part attempt to lure a major NASCAR race to
Kentucky Speedway and The Breeders Cup to Churchill Downs, as well as a so-called
megaprojects measure (commonly called the 'bridges bill') that would provide a funding and
control mechanism for huge and expensive infrastructure projects like the multi-year,
multi-billion dollar Ohio River bridges proposal in Louisville. And, working
without a net politically – since no consensus existed on the issue, and in fact it
faced powerful resistance – the governor also added video lottery terminals
(otherwise known as video slots) at Kentucky racetracks to the session call. The putative
reason for this was to save the state's troubled Thoroughbred industry, by drawing more
patrons to tracks and injecting new money into race purses, thereby keeping racetracks
open and horses and horsemen in the state. An underlying
rationale, though not as frequently cited in the discussion that evolved, was that slots
could rake hundreds of millions of dollars in licensing fees and taxes into the
chronically strapped State Treasury, at a time when the phrase 'billion-dollar budget
shortfall' had entered Kentucky's public-policy lexicon for the first time. The VLT idea
has been with us for years, and it's always been controversial. The same is true this
year. Advocacy groups instantly mobilized both pro and con, with TV and radio ads and
demonstrations in Frankfort, and Senate leaders signaled all along that if any VLT
legislation made it down the hall to them it would face severe uphill sledding in that
chamber. The House had
never voted to endorse the idea in previous legislative sessions, despite multiple
attempts. But as the session's first week wore on, the VLT proposal taken up by the House
had morphed into a potent, politically alluring form for that chamber: A huge chunk of
VLT-generated revenue would be devoted to debt service on bonds for more than $1 billion
in school-building construction, both at state colleges and in school districts statewide
where aging elementary and secondary buildings need replacement. When the
measure came before the full House on Friday, it was approved on a 52-45 vote. As a
result, the chamber will include the school-construction provisos in the budget-balancing
bill it plans to take up next week. It's not clear what form that bill will take, but the
governor has proposed that most of the shortfall be made up with federal stimulus money,
coupled with 2.7 percent across-the board agency cuts – with important exceptions:
Basic funding for public schools and universities would be spared the axe. Aside from the
VLT drama, last week saw legislative action on economic development measures and
legislation to support transportation mega-projects. After receiving bills on these topics
from the House, the Senate added a state budget-balancing plan to one measure while
rolling together plans for economic development incentives, transportation megaprojects
and aid for the horse industry into the other. The Senate
budget plan largely mirrors the governor’s budget reduction proposal, including cuts
to most state agencies but eliminating unpaid holidays for state employees. Under the Senate’s approach to helping the state’s horse industry, lottery tickets would include a 10 percent surcharge, while tracks and off-track betting centers would pay a 1.5 surcharge for their simulcasting signals from Kentucky horse racing tracks. The money raised — projected at more than $85 million — would benefit purses at Kentucky racing tracks, horse breeders, local horse shows, and the state’s KEES scholarship programs. Efforts to iron
out differences between House and Senate approaches to the issues of the current session
are sure to be underway when lawmakers return to Frankfort next week. In the meantime,
lawmakers are seeking feedback from their constituents. Citizens can find contact
information on lawmakers – as well as a wealth of resources pertaining to the current
legislative session -- on the Legislative Research Commission Web site at www.lrc.ky.gov or can
call the General Assembly's toll-free Message Line at 1-800-372-7181, to leave a message
for their legislators.
Senate approves special session items FRANKFORT
— The Senate approved legislation concerning the issues behind the governor’s
call for a special session today. Senate
changes to House Bill 4 largely mirror the governor’s plan for budget reduction,
including cuts to most state agencies but eliminating unpaid holidays for state employees
called for by the governor. The budget
bill passed on a 33-0 vote, with one senator passing. The Senate
rolled plans for economic development incentives and transportation megaprojects, along
with Senate President David Williams’ plan for aid to the state’s horse
industry, into an omnibus substitute for House Bill 3. The Senate
economic development plan is substantially similar to the version passed by the House,
which revised state programs to better help small businesses, high-tech businesses, and
projects needing tax increment financing. The plan also includes targeted incentives to
attract an advanced battery factory to Hardin County, a Sprint Cup race to Kentucky
Speedway in Gallatin County, and Breeders’ Cup races to the state’s thoroughbred
tracks. House Bill 3
would also allow the creation of local authorities to plan transportation megaprojects on
the order of $500 million or more. Such authorities would be subject to legislative
ratification both in the scope and the funding model for their projects. “The General
Assembly will not be micromanaging,” said Sen. Ernie Harris, R-Crestwood, but would
exercise oversight as it does with other bonded projects across the state. In addition,
the plan authorizes a bi-state authority to allow Kentucky officials to work with Indiana
officials concerning bridges across the Ohio River. Finally,
House Bill 3 includes a proposal to aid the state’s horse industry. Under the
Senate-approved plan, lottery tickets would include a 10 percent surcharge, while tracks
and off-track betting centers would pay a 1.5 surcharge for their simulcasting signals
from Kentucky horse racing tracks. The money raised — projected at more than $85
million — would benefit purses at Kentucky racing tracks, horse breeders, local horse
shows, and the state’s KEES scholarship programs. “With
the money that’s available… Kentucky will have the richest purses in
America,” said Williams, R-Burkesville. HB 3 passed
32-0, with one senator abstaining. Both bills now return to the House for its concurrence
in the Senate changes.
June 19, 2009 Video lottery machine bill passes House FRANKFORT --
The Kentucky House voted 52-45 today in favor of an expanded gaming bill that would allow
the state’s racetracks to be licensed to operate video lottery terminals in hopes of
boosting the horse industry and state programs like public education. House Bill 2,
sponsored by House Speaker Greg Stumbo, D-Prestonsburg, is projected to yield over $1
billion in state revenue over the next five fiscal years, including $194.3 million in
fiscal year 2010. Initial licensing fees paid by tracks with VLTs would add another $102
million per year over five years, Stumbo said, giving the state what he described as a
“conservative” total of around $300 million a year for individual income tax and
horse farming tax breaks, regional infrastructure, education and job growth. “If this
bill becomes law, it will not only save the signature industry (horse industry) in this
state, it will save thousands of jobs,”
Stumbo told the House. “Kentuckians need to go back to work, and we have the ability
and the tools to put them back to work today.” HB
2 now goes to the Senate for its consideration. The bill is
designed to help the state’s ailing horse industry by funding breeder incentives and
attracting more horse races through bigger purses, or race winnings. Planned uses for
anticipated state revenue in HB 2 includes, but is not limited to, income tax relief for
the military, income tax relief of $250 per person or $500 per couple from the state motor
vehicle property tax, horse farming sales tax relief, a fund for treatment of problem
gamblers, a tourism and infrastructure fund and billions of dollars for education. The legislation
is expected to provide at least $143 million a year to pay off future bond issues for
capital construction at both public schools and state colleges and universities. Funding
for educational technology and equipment and an increase in funding per pupil funding for
school districts is also planned under HB 2. Rep. David
Osborne, R-Prospect, spoke in favor of the bill as a Kentucky horseman. Osborne told the
House before the vote on the bill that HB 2 would help decide the fate of a centuries-old
industry. “These are not strangers,” he said. “This is an industry that has
been here before we were a state.” Opponents of
the HB 2, including Rep. Danny Ford, R-Mt. Vernon, questioned estimates of how much
revenue the bill would create. He also said the bill would add over $1 billion in new debt
by authorizing more bond issues. “We’re
talking about $1.3 billion in new bonding in this bill,” said Ford. Ford added that
Governor Steve Beshear’s initial call this special session required state lawmakers
to pass a revised state budget in light of a nearly $1 billion shortfall. “To my
knowledge we haven’t discussed or debated a bill that would address a budget
shortfall,” he said. House Minority
Floor Leader Rep. Jeff Hoover, R-Jamestown, said he opposes expanded gaming in Kentucky,
and HB 2, because he doubts the General Assembly’s “fiscal discipline” with
such revenue. “This body…would not be able to be fiscally responsible to take
the revenue and address current problems,” said Hoover. House
Appropriations and Revenue Committee Chair Rep. Rick Rand, D-Bedford, explained that expected revenue shortfalls in fiscal year
2010 and a current state unemployment rate of around 10 percent support the need for HB 2.
“Just 12
short months ago, we had just completed our 2008 session and things were pretty
good,” but that changed as the nation fell into recession, he said. June 18, 2009 Gaming legislation passes House budget committee An expanded
gaming bill that would allow video lottery terminals at Kentucky racetracks cleared the
House Appropriations and Revenue Committee today. House Bill 2,
sponsored by House Speaker Greg Stumbo, D-Prestonsburg, is projected to yield over $1
billion in state revenue over the next five fiscal years, including $194.3 million in
fiscal year 2010. Initial licensing fees paid by tracks with VLTs would total $102 million
per year over five years, Stumbo said. “We need
to have as much stability in our revenue stream as we possibly can,” Stumbo told the
committee. Through the 5-year payment plan on fees, Stumbo said the state would be assured
at least $100 million a year in revenue during what could be a period of continued state
budget shortfalls. The bill is
designed to help the state’s ailing horse industry by funding breeder incentives and
attracting more horse races through bigger purses, or race winnings. Planned uses for
anticipated state revenue in HB 2 includes, but is not limited to, income tax relief for
the military, income tax relief of $250 per person or $500 per couple from the state motor
vehicle property tax, horse farming sales tax relief, a fund for treatment of problem
gamblers, a tourism and infrastructure fund and billions of dollars for education. Under HB 2, at least $143 million a year would go toward education to fund capital construction at public schools and state colleges and universities, educational technology and equipment, and increase state funding per student in school districts across the state.
HB 2 now goes
to the full House for its consideration.
June
17, 2009 Economic development and mega-projects bills pass House FRANKFORT
– The Kentucky House passed bills today that would create financing authorities for
transportation mega-projects costing over half a billion dollars and create incentives to
both keep and attract new jobs, and tourism, to the Commonwealth. House
Bill 4, sponsored by House Budget Review Subcommittee on Transportation Vice Chair Rep.
Don Pasley, D-Winchester, passed by a vote of 89-9. It would allow bi-state authorities to
be created between Kentucky and Indiana to finance and build projects connecting the two
states, like the $4 billion Louisville bridges project and the I-69 bridge project near
Henderson. It would also allow authorities to
be created for other mega-projects solely within Kentucky. “We
have some $12-$13 billion in projects now on the radar that we have no feasible way to pay
for,” said Pasley. Projects within
Kentucky that could be funded under the bill could include construction of bridges in West
Kentucky’s lake region, a proposed I-66 through Southern Kentucky and expansion of
other state highways, Pasley said. A
Kentucky Public Transportation Infrastructure Authority would be created to approve and
oversee all mega-project construction and financing, which could include revenue bonds
paid for with tolls. Pasley said the bill has safeguards to ensure that authorized tolls
are used only to retire debt on bonded projects. Pasley
said the legislation is needed now to move ahead with desired projects like the Louisville
bridges project, which includes building two new spans between Kentucky and Indiana and
reworking a Louisville interchange known as Spaghetti Junction. It could also help attract
more federal dollars for such projects, he said. “We
need to have this in place…so we can seek more federal funds for projects we have on
our books,” Pasley said. HB 3,
sponsored by Rep. Tommy Thompson, D-Owensboro, passed the House 97-1. The legislation would expand tax incentives for
existing businesses to help them expand, add small business tax credits and tax credits
and refunds for high tech businesses, expand the kinds of properties that qualify for tax
increment financing (TIF), establish a refundable income tax credit for films produced in
Kentucky, increase the cap on incentives for historic preservation from $3 million to $5
million, provide incentives to bring a NASCAR Sprint Cup race to Kentucky Speedway the
Breeder’s Cup to Kentucky and secure funding for an advanced battery manufacturer
proposed for Hardin County. Incentives to upgrade short line rail tracks and other
provisions are also included. The
bill was amended to reduce base wages required in the original bill for certain economic
development incentives to 125 percent of the federal minimum wage in counties with
enhanced incentives and 150 percent of the federal minimum wage in other counties. The 125
percent rate, Thompson said, would amount to a base wage of $9.06 per hour. He told a
House budget committee on Tuesday that the change reflects recent increases in the federal
minimum wage. Rep.
Jim Wayne, D-Louisville, called the 125-percent rate wage “a poverty wage” and
proposed raising the rate to its original 150
percent, increasing base pay slightly to $10.87 per hour . Lawmakers rejected the proposal
after lengthy debate about its possible effect on economic development recruitment in
rural Kentucky. Thompson
called HB 3 as passed “responsible policy,” adding “I think it will help
Kentucky expand our economic base.” HB 4
and HB 3 are two of four House bills that Gov. Steve Beshear has asked state lawmakers to
consider during a special session that began Monday. The other two bills, which are
expected to come before the committee later this week, would modify the state’s
budget to address a shortfall next fiscal year and propose expanded gaming at racetracks. HB 4
and HB 3 now go to the Senate for consideration.
June
16, 2009 Mega-projects, incentives bills clear House budget hurdle FRANKFORT
– Legislation that would help Kentucky finance mega-transportation projects and allow
the state retain and retool existing businesses while attracting business and tourist
attractions passed the House budget committee this afternoon. House
Bill 4, sponsored by House Budget Review Subcommittee on Transportation Vice Chair Rep.
Don Pasley, D-Winchester, would allow bi-state authorities to be created between Kentucky
and Indiana to finance and build projects connecting the two states, like the $4 billion
Louisville bridges project and the I-69 bridge project near Henderson. Each project would be developed separately, Pasley
told the House Appropriations and Revenue Committee, and establishment of the bi-state
authority would be subject to approval by a Kentucky Public Transportation Authority
created by the bill. Bi-state authorities with other states, like Ohio, are not mentioned
in the bill. HB 4
and HB 3, an economic incentives bill sponsored by Rep. Tommy Thompson, are two of four
bills proposed by Gov. Steve Beshear for state lawmakers’ consideration during a
special session that began Monday. The other two bills, which will come before the
committee later this week, would modify the state’s budget to address a nearly $1
billion shortfall next fiscal year and propose expanded gaming at racetracks. “Projects
like the Louisville bridges are not going to move forward without some sort of alternative
financing,” Pasley told the committee. The
bill would also allow financing authorities to be created for other projects within
Kentucky that are not shared with Indiana. KPTA
would oversee construction and financing of the projects, which could include issuing
revenue bonds and tolls. Pasley said the federal government “will have the final say
on what can be tolled.” The
General Assembly would oversee the projects, Pasley said, by ensuring that eligible
projects are included in Kentucky’s six-year plan for highway and bridge
construction, through Senate confirmation of KPTA gubernatorial appointees and by KPTA
annual reports to state lawmakers. HB 3,
sponsored by Rep. Tommy Thompson, D-Owensboro, would expand tax incentives for existing
businesses to help them expand, add small business tax credits and tax credits and refunds
for high tech businesses, expand the kinds of properties that qualify for tax increment
financing (TIF), establish a refundable income tax credit for films produced in Kentucky,
increase the cap on incentives for historic preservation from $3 million to $5 million,
provide incentives to bring a NASCAR Sprint Cup race to Kentucky Speedway the
Breeder’s Cup to Kentucky and secure funding for an advanced battery manufacturer
proposed for Hardin County. Incentives to upgrade short line rail tracks and other
provisions are also included. Thompson
said Kentucky is approaching a 10-percent unemployment rate, and his bill will give the
Commonwealth a chance to grow. “Not
one credit or one refund will be provided until someone does something to make an
investment in Kentucky,” he told the committee. “We will give a dividend back to
them for making an investment.” The
bills now return to the full House. June 3,
2009 Tobacco
funds for early childhood program benefiting families FRANKFORT
– More than 90 percent of Kentucky tobacco settlement dollars spent on a home
visitation program for first-time, at-risk parents are used for front-line services, not
administration, a panel of state lawmakers heard today. State
officials who coordinate the state’s early childhood initiative called, KIDS NOW
(Kentucky Invests in Developing Success NOW,) told the Tobacco Settlement Agreement Fund
Oversight Committee today that at least 90 percent of the $9.2 million budgeted over the
past year for the HANDS home visitation program benefit families directly. The
overall KIDS NOW budget for the year totals around $30 million. “This
money is meant to deliver services to people… That is our focus,” said Dr. Ruth
Shepherd, M.D., director of the state’s Division of Maternal and Child Health, in
response to a question from Sen. David Givens about how much of the HANDS budget goes
directly for services to families. “So
those dollars are touching people, they’re not paying staffers who are supporting
back services,” said Givens, R-Greensburg. HANDS
is one of several components of KIDS NOW, which is funded by 25 percent of
Kentucky’s share of a $206 billion settlement reached in 1998 between 46 states
and the nation’s large tobacco companies. Shepherd said HANDS is a national model for
helping first-time overburdened parents and serves around 11,000 families a year. The
program is voluntary for any parent who meets certain risk criteria, regardless of income,
Shepherd said. Other
components of the early childhood initiative include a folic acid program designed to
prevent the birth defect spina bifida--or open spine--in newborns; a substance abuse
prevention and treatment program for pregnant women; newborn hearing and metabolic
screenings; eye exams; oral health services; immunizations; child advocacy and early child
care and education assistance programs. Kentucky
Child Care Assistance Program official Robin Herring said approximately 43,000 Kentucky
children receive subsidized child care each month through the KIDS NOW initiative.
Approximately 29 percent of those children, Herring said, are cared for in a center that
is quality-rated by the state through KIDS NOW. When
asked by Committee Co-Chair Rep. Dottie Sims, D-Horse Cave, if KIDS NOW’s current
budget includes any federal funding, Shepherd said it didn’t, although she added that
budgeted dollars are used to draw federal Medicaid matching funds for the HANDS program. “We
do a really good job of spending our dollars, and many of our programs actually pull down
large amounts near the end of the year,” Kentucky Division of Early Childhood
Development Director Annette Bridges told lawmakers.
June 3,
2009
Lawmakers updated on stimulus road money FRANKFORT — More than half of
Kentucky federal stimulus money for road projects has already been awarded for work ready
to begin, a panel of lawmakers learned yesterday. The American Recovery and Reinvestment
Act, commonly known as the federal stimulus plan, designates $421.1 million for highway
infrastructure improvements in Kentucky, State Highway Engineer Mike Hancock told the
Interim Joint Committee on Transportation. Of that total, $40.6 million goes to the
state’s four metropolitan areas and $367.8 million is distributed statewide. The
General Assembly decided which projects across Kentucky would be funded through House Bill
330 earlier this year. Ten projects have already been let,
Hancock said, with many more ready to be let in the coming months. More than 50 percent of
the road stimulus must be obligated by June 30, he added, and the state is well past that
threshold. Hancock told committee members that of the more than $800 million in road
projects eligible for stimulus money in the current six-year road plan, Transportation
Cabinet officials put an emphasis on projects that were ready to proceed immediately, so
that the June 30 deadline could be met. All money must be obligated by March,
2010, and the projects must be completed by September 30, 2015, to receive stimulus money. A similar situation exists for the
state’s $51.5 million in stimulus money designated for buses and other mass transit,
Hancock noted.
May 6,
2009 State
tobacco panel hears benefits of switchgrass FRANKFORT—State
lawmakers heard today about how a native Kentucky grass could mean extra money for farmers
and reduced emissions from coal-fired power plants in the Commonwealth. The
plant is switchgrass, a warm season grass that is being reestablished in the state as part
of a four-year pilot project overseen by the University of Kentucky and funded by a grant
from the Kentucky Forage and Grassland Council with state tobacco settlement dollars.
Twenty farms in 12 counties are involved in the project, which sent 70 tons of ground-up
switchgrass to an East Kentucky Power plant in Mason County last year to be burned as
biomass with coal in hopes of lowering plant emissions. Researchers,
farmers and the power industry are hopeful that switchgrass could become a supplement to
coal at coal-fired generating plants, UK agronomist Tom Keene told the Tobacco Settlement
Agreement Fund Oversight Committee today. One East Kentucky Power official on a UK video
shown by to the panel by Keene said the grass “could become a very viable economic
opportunity to help us achieve our mission of low cost energy supply to our
customers.” It
could also supplement farm income. Keene said UK is crunching numbers on the potential
payment per ton to farmers for switchgrass, adding that many would like to see farmers
receive $60 per ton. Since the grass is a perennial and has so many uses—biomass,
grazing, hay, and even conversion to cellulosic ethanol—lawmakers were excited about
its possibilities. “As
an agricultural crop, I think the future could be very exciting,” said House
Agriculture and Small Business Chairman and tobacco committee member Rep. Tom McKee,
D-Cynthiana. “I hope a lot of our research will continue to center on the profit
potential per acre.” Sen.
Charlie Borders, R-Russell, was hopeful that use of switchgrass could give some relief to
Kentucky’s coal industry, which might face stringent federal regulations on carbon
emissions in the near future. Keene said burning switchgrass in coal-fired plants reduces
carbon, sulfur and nitrogen while sequestering carbon in the soil. “Going
in this direction with emissions,” said Borders, “hopefully that would take some
of the pressure off some of the (people) in Washington, D.C. who want to do harm to our
coal industry. Maybe some of these folks wanting to outlaw coal…better stop and
realize we’re doing some things that are being very helpful here.” Keene
said there are no hard numbers on how much the switchgrass burned by East Kentucky Power
last year lowered carbon emissions, because the amount burned was so small. He said the
project hopes to increase the amount burned this year. What
was delivered to East Kentucky Power was enough to supply “green energy” to a
half million Kentuckians, he added. Generally,
Keene said the work being done with switchgrass in Kentucky now is laying a foundation for
future decades. “I think the worst thing we can do is paint a panacea for Kentucky
farmers of Kentucky industry that this is a silver bullet, or magic wand.” Senate
Agriculture Chairman and tobacco committee member Sen. David Givens, R-Greensburg,
responded, saying, “so it does bear potential, but let’s not get ahead of
ourselves.” But
Keene did say that many farmers are interested in the project, and there are plans to ask
for its expansion. Tobacco
Oversight committee Co-Chair Rep. Dottie Sims, D-Horse Cave, thanked Keene for his work on
the project. “I’ve
looked over some of the papers on the switchgrass, and it’s very interesting,”
Sims said.
March 27, 2009
FRANKFORT -- Anticlimactic it may have been, since the largest and
stickiest issues on the table had been well disposed of earlier. But the scheduled final
two days of this year's legislative session did convene in Frankfort Thursday with a bit
of uncertainty hanging over it -- and some drama at the end. The question going in: Would the House take up any of the bills that
were still pending between chambers when the Legislature adjourned two weeks ago for its
veto recess? Three bills in particular were being talked about: An overall
economic-incentive package aimed partly at luring a major NASCAR race to the state; a
measure creating a River Bridges Authority (or some other mechanism) to oversee the
massive Louisville project or other large bridge projects; and a bill to fund public
defenders in Kentucky, who warn they may have to start turning away clients because of
budget shortfalls. With two working days left when lawmakers returned to Frankfort, the
Senate and the governor took the position that those measures were important enough and
near enough resolution for the Legislature to wrap up work on them and pass them before
final adjournment. The House had a different take. Earlier in the session, that chamber
passed rules of operation that included a stipulation the final two 'veto days' of the
session would be limited to just that: Considering overrides of any vetoes the governor
might impose on passed legislation during the 10-day recess built into the schedule
specifically for that purpose. The Senate and the governor countered that rules of legislative
procedure are suspended regularly for important and even minor matters, and they could and
should be suspended in this case because of what they considered an urgent need to finish
and sign those bills. The House pointed out that such a last-minute rush to pass bills has
caused problems and confusion in past -- including 'stopping the clock' at midnight and
the lawsuits and litigation that resulted -- and that the rule in question was designed
specifically to prevent such hasty 11th-hour practices. In the end, the House decided that the bills, while good ones, did not
require immediate action, and chose not to take them up at this time. And since neither
the House nor Senate felt it was necessary to contest the one minor veto Gov. Beshear had
imposed on a section of Road Plan language, the Legislature's work for this year was over.
Both chambers adjourned sine die before sundown
Thursday, after using 29 of their allotted 30 days for this year's session. Despite this procedural difference in the final hours, all parties
agreed that this year's session was a highly productive one, notable for its spirit of
harmony and bipartisan cooperation in the face of hard times. In addition to passing a revenue package of targeted
tobacco-and-alcohol taxes to help close a major budget shortfall, the session will be
remembered for finally voting to eliminate the controversial CATS school-accountability
testing program, replacing that test with something better able to track and compare
individual student progress. An ambitious Road Plan for Kentucky was passed and funded. Other
bills too will have their impact, either now or down the road:
Although the 2009 regular session is now in the history books, already there is speculation that a special session may be needed later this year to deal with a projected continuing deficit in the budget for next fiscal year beginning July 1. Only a governor can call a special session, so that will be his call. Meanwhile the legislative interim resumes: The period between sessions when joint committees of the House and Senate meet monthly to study issues and prepare legislation for the next session.
Citizens can stay informed of legislative activity year-round by on logging onto the Legislative Research Commission website at www.lrc.ky.gov . To find out when a committee meeting is scheduled, they can call the LRC toll-free Meeting Information Line at 800-633-9650.
Anyone wanting to share a comment or concerns with their legislator can call the toll-free Legislative Message Line at 800-372-7181, also year-round.
The next regular session of the Kentucky General Assembly will convene Jan. 5, 2010.
March 26, 2009
General Assembly’s 2009 session
ends FRANKFORT
— The Kentucky General Assembly’s 2009 session gaveled to an end today, capping
29 days of legislative activity that included the passage of bills on school testing
reform, drug screening and treatment for felony offenders, and tracking for payday
lenders. More than
700 bills were introduced in the two legislative chambers this year, including legislation
to plug shortfalls in the state budget. Measures sent to the governor to be signed into
law include the following: CATS testing. Senate Bill 1 overhauls the
state’s end-of-year school accountability exams, eliminating writing portfolios as
well as arts and practical living exams. Those elements would be retained as school
programs, however. Drug diversion. SB 4 directs jail officials to
screen certain drug abuse offenders as soon as they are booked. Judges can then order
outpatient drug counseling, while serious addicts can volunteer for inpatient treatment.
Those who complete a follow-up program and stay clean can have the felony wiped from their
record. Penal code. Senate Joint Resolution 12 continues a
study of the state’s criminal laws, putting it under the jurisdiction of the
legislature’s Interim Joint Committee on Judiciary. Personal services. SB 22 requires home health
agencies and other personal service businesses to conduct criminal background checks on
their employees and bans anyone convicted of abuse, drug crimes, or sex crimes from being
hired. Flags. SB 33 requires all U.S. and Kentucky flags
purchased by state and local governments to be made in the U.S. ATVs. House Bill 53 requires all-terrain vehicles
to be titled, just as motor vehicles are. Oil and gas. SJR 67 directs a study of potential
benefits from oil and gas exploration on state lands. Local government pensions. HB 117 allows employers
in the County Employees Retirement System to phase in their health care payments over 10
years, just as the state government does. Budget revisions. HB 143 deals with state budget
shortfalls with 4 percent cuts for most state agencies. The Medicaid program, corrections
and SEEK funds for schools were protected from the cuts. Higher education received 2
percent cuts. The budget revision plan also uses some of the state’s “Rainy
Day” funds to close the budget gap. Revenue. HB 144 will generate additional revenue
for the state by doubling the state’s tobacco tax, increasing the tax on cigarettes
to 60 cents a pack, and extending the state’s 6 percent sales tax to retail alcohol
sales. Sex offenders. HB 315 bans convicted sex offenders
from MySpace, Facebook, and other social networking sites where minors are allowed. It
also requires them to register their e-mail addresses, screen names, and other online IDs
with state authorities. School days. HB 322 allows school districts to ask
the Education Commissioner to waive 10 school days from the school calendar due to school
closings caused by the winter ice storm and the windstorms caused by last fall’s
Tropical Storm Ike. Gasoline tax. HB 374 sets the current gas tax of
22.5 cents per gallon as the new base, rather than allowing it to fall with gas prices on
April 1. School athletes. HB 383 requires high school
coaches to become certified in student safety. Beginning next school year, one certified
coach must be present at every practice and game. Payday lending. HB 444 sets up a database to
enforce the state’s two loan/$500 maximum on payday loans. The bill also puts a
10-year moratorium on new payday lending stores. Student loans. HB 480 mandates that when money is
tight, the state restricts access to new loans by the Best in Class program, which
forgives loans for teachers who enter the fields of math, science, and special education.
Current teachers whose loans need forgiveness would have priority in the program, which
will also add nurses and public-service attorneys to the program.
March 13, 2009
FRANKFORT -- The last day before the veto recess of a General Assembly session almost always vibrates with urgency – and a big dose of uncertainty. Normally, a raft of major, controversial bills remain unresolved in conference committees from each chamber, as lawmakers struggle, sometimes late into the night, to work out differences between versions passed by the House and Senate so the unified bills can go to the governor. Getting to that step is key to why the Legislature started building a 10-day 'veto recess' into its schedule. Since the governor must veto a bill within 10 days of receiving it, saving a day or two of its allotted 30 for after recess gives the General Assembly a chance to override that action. This year, that last-day urgency was muted – in a way that reflected something leaders and observers have remarked upon: A cooperative spirit of 'get things done in the face of tough times' that has descended on Frankfort this long winter. Consider what the Legislature faced when it went to work that last day, Friday, and how it played out: · The biggest sticking point anticipated for this year's session – how to plug a half-billion dollar hole in the state budget – was resolved weeks ago. Cigarette and alcohol taxes were raised, further but not Draconian agency spending cuts were authorized, and Rainy Day funds were temporarily transferred to make up the difference. House and Senate leaders worked with the governor to get this done, and the bill passed without much drama. · An issue that in past years would have almost surely caused deadlock – dumping the controversial CATS testing system in state schools and replacing it with something different, more focused, and more able to track individual student achievement – had broad bipartisan support this year. A bill to that end passed both chambers, with minor differences. A conference committee worked Friday to iron out some technical details of its implementation, including timing of the changeover and what to use for testing in the transition to a new state test. Agreement was arrived at later in the day. · The one sticking point still out there Friday on an ambitious $3.7 billion multi-year road package was, 'when to pass the pennies?' Even this, one leader called 'just a disagreement over process.' The state gas tax is based largely on the price of gasoline. It's currently 22.5 cents. The Senate wanted to pass the bill to freeze the state gas tax at its current level (four cents a gallon higher that it will otherwise be April 1, when it's scheduled to drop because gas prices have plunged) only after the governor signs the Road Plan bill itself. The House wanted the pennies passed now and sent to the governor as part of the overall transportation package, since the road projects will need that money. Failure to freeze the tax rate would cost the Road Fund $128 million in lost revenue. Both bills were stalled Friday as the final process was negotiated in conference committee, with agreement reached later in the day to pass the tax freeze now. Otherwise, in a busy week, several other bills of note cleared both chambers, including: · Passed and sent to the governor was House Bill 489, which requires that judges include health insurance or health coverage for children as part of child support arrangements. · Heading for the governor is Senate Bill 4, under which persons charged with a felony would be screened for substance abuse before they go to trial. At a judge’s discretion, the offender could be ordered into an outpatient recovery program as a condition of bail. Upon completing the pretrial diversion program (and assuming no further offenses) the charges could eventually be dropped and no felony listed on his or her record. The bill is aimed in part at reducing the population of our clogged and costly prisons, while returning substance abusers to productive lives in the community. · HB 444, a bill to regulate so-called payday lending, would require that a state database be created by July 2010 for lenders to search for any outstanding loans a customer might have. It would impose penalties on businesses that violate the two-loan/$500 or less per-customer limit now on the books, and prohibit new payday loan stores from opening over the next ten years. It’s been sent to the governor. · Schools that missed many instructional days due to this winters ice storm and last fall’s Hurricane Ike will welcome HB 322, which allows school districts to ask the state to waive up to 1- “disaster days” once all planned makeup days are used. It would also allow schools to extend the instructional day by 30 minutes to prepare for statewide testing, and lengthen school days to make up any days missed due to bad weather. As mentioned, the Legislature leave today on a planned recess, a 'veto recess' while the governor reviews bills for any he'd like to strike. Lawmakers then return for the final two days of this session March 26-27, to consider overriding those vetoes, and to tie up loose ends and pass – or not – any bills not agreed to by both chambers at day's end Friday. You can stay informed of legislative action on bills of interest to you this session by logging onto the Legislative Research Commission website at www.lrc.ky.gov or by calling the LRC toll-free Bill Status Line at 866-840-2835. To find out when a committee meeting is scheduled, you can call the LRC toll-free Meeting Information Line at 800-633-9650. March 13, 2009 CATS reform
passes, ready for governor FRANKFORT
— A comprehensive overhaul of the state’s system of student assessment is headed
to the governor’s desk following final passage by the House and Senate today. Senate Bill
1, sponsored by Sen. Ken Winters, R-Murray, and Senate President David Williams,
R-Burkesville, would put emphasis on individual student test scores, allowing parents and
teachers to evaluate their strengths and weaknesses and design a curriculum for their
needs. “We’ve
established a new day in the education of our young people,” Winters declared. Open-response
questions will be removed from the state’s end-of-year student assessments in favor
of a national norm-referenced test augmented by additional multiple-choice tests to cover
the state’s core content. The focus on multiple-choice exams is designed to allow
quicker feedback and allow changes to a student’s education plan the next school
year. Writing
portfolios will no longer be used as part of the assessment program, beginning
immediately, although they will be retained as a teaching tool in grades 5-12. Likewise,
end-of-year tests in the arts and vocational skills would be eliminated beginning with
next school year, although schools as a whole will be evaluated on their offerings in
those areas, with a spotlight on performance-oriented courses. As the state
makes a transition to national norm-referenced tests, students will be required to
complete Kentucky Core Content exams in math, reading, science, and social studies used
for school and district accountability. They will also take survey norm-referenced exams
to measure their individual readiness. When the new exam system is in place for the
2011-2012 school year, testing time will be cut in half to five days. The
compromise bill, worked on by a conference committee of House and Senate lawmakers, passed
each chamber unanimously and now heads to the governor’s desk. March 12, 2009
Drug treatment plan approved, heads to governor
FRANKFORT --
A proposal to treat arrested drug addicts before heading to trial won final passage today,
sending it to the governor for his signature. Senate Bill 4, co-sponsored by Senate Majority
Floor Leader Dan Kelly, R-Springfield, and Senate Minority Floor Leader Ed Worley,
D-Richmond, had earlier passed each chamber unanimously. With the Senate concurring in
House changes today, the program is one step from becoming law. “This is an outstanding piece of
legislation,” Worley said. “It pays for itself.” Under the plan, those charged with a felony would
be screened for substance abuse problems before they appear at trial. At the judge's
discretion, the offender could be ordered into an outpatient recovery program as a
condition of bail. If they completed the pretrial diversion program and did not commit any
other offenses, the charges could eventually be dropped and no felony listed on their
record. The state corrections system would also set aside
at least 200 beds for an inpatient facility — similar in restrictions to a minimum
security prison — for people who have been charged with a felony and have substance
abuse issues. Prisoners in the program would voluntarily undergo intensive counseling for
at least 90 days to make sure they can overcome their addictions. An aftercare plan would
also be in place for each participant, including referral to a local substance abuse
counselor, to make sure they stayed away from their vices upon leaving the facility. The General Assembly provided funding for the
program in the budget last year, Kelly said. He gave credit to state Justice and Public
Safety Secretary J. Michael Brown with initiating parts of the program already, giving the
state a head start in its implementation. “There
could soon be people across the commonwealth whose lives will be affected for the
positive,” Kelly said.
Legislative week in review
The issue is roads,
and the question is: What will the state Road Plan look like for the next few years, and
how will it be paid for? Specifically, what to do about a little-remarked downside to
collapsing gasoline prices? The answer -- unveiled Thursday and passed by the House Friday before heading to the
Senate for a vote early next week -- came in the form of an ambitious roads package
hammered out in talks between House and Senate leaders and the Beshear Administration over
the past few weeks. The road plan would
commit to significant spending -- some $3.7 billion -- to give a major boost to road
building across the state, which has slowed markedly in the current recession. Of that
money, some $400 million would come from issuing bonds, and another $400 million from the
recently passed federal stimulus package. The balance will
come from the State Road Fund, which is now facing a difficulty also addressed in the bill
-- falling revenue. Here's why: The state gasoline tax raises money for the Road Fund,
which is dedicated exclusively to highways and bridges and road maintenance across the
state. The gas-tax rate is based largely on the wholesale price of gas. Without going into
the math of it, a portion of the tax is variable, so rates go up periodically as the price
goes up, rates drop as the price goes down. Because gas prices
have plummeted dramatically since last summer, to under $2 a gallon from a high of over
$4, the tax is scheduled to be cut by 4 cents a gallon April 1. Those four pennies would
cost the Road Fund – already strapped for cash – some $128 million in lost
revenue. One legislative leader said the potential loss of that revenue would be
'catastrophic.' To fix that, the
roads package passed by
the House keeps the four
pennies and freezes the gas-tax rate at its current level, 22.5 cents per gallon. Proponents say the
vigorous building plan will not only create jobs related to the construction work itself,
but be a long-term economic stimulus by encouraging business and industry to remain or
locate in areas well-served by good transportation. Meanwhile, as the
Legislature faces a final full week of work devoted mostly to considering bills sent over
from the other chamber, several other bills made that penultimate step last week. The House this week
passed a bill in response to a tragedy: The heat-related death of 15-year-old Max
Gilpin, a Pleasure Ridge Park High School football player who died last summer during
practice on a hot August day. House Bill 383 instructs the Kentucky Board of Education to
review and revise, if necessary, its hot-weather policies for athletic practices and
events. The bill was amended
to remove a requirement that an ice-pool be available for athletes in hot weather, after
other possible health problems were cited concerning that particular treatment for
apparent heat stroke. The Senate passed a
bill to expand KEES, the achievement-based program that has given thousands of Kentucky
students financial help to earn a college degree. While both public and private school
students are eligible for the program -- which awards up to $2500 for each year of college
-- home-schooled students have not been. SB 180 would give
those students the same opportunity as their public and private school counterparts. Under
the bill, home schoolers' KEES award would be based on their standardized ACT score rather
than their GPA, until after the first year of college. Then, the portion of their KEES
award normally based on their high school GPA would be based on the GPA from their college
freshman year. You can stay
informed of legislative action on bills of interest to you this session by logging onto
the Legislative Research Commission website at www.lrc.ky.gov or by calling the LRC
toll-free Bill Status Line at 866-840-2835. To find out when a committee meeting is
scheduled, you can call the LRC toll-free Meeting Information Line at 800-633-9650. If you would like to
share your comments or concerns with me or another legislator about a particular bill
under consideration this session, you can call the toll-free Legislative Message Line at
800-372-7181. February 27, 2009
Legislative week in review
FRANKFORT
-- After an urgent first push dealing mostly with the state's budget crisis, and a week
with no chamber action so committees could re-focus attention on the remaining big issues
facing this winter's session, the rhythms of the legislative process resumed and quickly
gained impetus in the Capitol this week. Both
chambers reconvened and passed significant bills, and the sense of precious time passing
sharpened: Only 12 legislative days remain of the constitutionally allotted 30 before the
2009 session, as now scheduled, adjourns March 27. In
news not directly related to this week's action -- but certainly of major import to a
Legislature constantly struggling with money woes -- it was announced this week that
Kentucky expects to get a bit more than $3 billion from the just-passed federal economic
stimulus package over the next 28 months. The
stimulus bill stipulates that $924 million in federal dollars will be used for education
in the state, $421 million for roads and bridges, and about $990 million for Medicaid --
the latter welcome money indeed, since the program already faces a $232 million shortfall
this year even as demand for services grows dramatically in the recession. Additionally,
about $272 million is designated for human services, $71 million for water and sewer
projects, and $66 million for workforce development, among other targeted areas. Some $120
million will go to the General Fund, to help mitigate cuts in key programs and services
feared for next year's budget. Just
two weeks ago, facing a $456 million budget shortfall by the June 30 end of this fiscal
year, lawmakers passed legislation raising taxes on cigarettes and other tobacco
products and extending sales taxes to package alcohol, while authorizing spending cuts
even beyond those already imposed. But further significant shortfalls are expected in the
next two-year budget cycle, and the underlying structural imbalance remains. In
light of the ongoing problem, legislative leaders this week were quick to caution that the
massive injection of federal money, while welcome, was no long-term solution to Kentucky's
chronic budget woes. Their underlying cautionary message: We must not become dependent on
one-time money, or mislead ourselves into thinking it solves our long-term budgetary
problem. In
floor action this week, the House
approved legislation that would allow school districts who lost significant instructional
days to last September's Hurricane Ike or last month's ice storm to get waivers for making
up as many as 10 missed days. Under current state policy, districts that miss fewer than
20 days must make up those days or add minutes to each day to make up the lost time. That
means some hard-hit districts this year face having to continue classes into summer. The
bill does require that the state education commissioner approve such waivers on a
case-by-case basis. The bill now goes to the Senate. A
bill to bring more transparency to campaign fundraising and advertising passed the Senate
this week. Senate Bill 53 requires that so-called 527 groups -- political advocacy groups
created under Section 527 of the Internal Revenue code -- file campaign finance
reports during state campaigns. Basically,
the bill requires such groups to follow the same campaign-finance reporting schedule as
candidates for statewide office. Federal law doesn't require such reporting until after
the campaign -- meaning large amounts of money, sometimes millions, can be raised and
spent on advertising that essentially supports one candidate or the other, without the
public knowing specifically who's paying for them. Citizens
can stay informed of legislative action on bills of interest to them by logging on to the
Legislative Research Commission website at www.lrc.ky.gov or by calling the LRC
toll-free Bill Status Line at 866-840-2835. To find out when a committee meeting is
scheduled, they can check the website or call the LRC toll-free Meeting Information Line
at 800-633-9650. To
share comments or concerns with a legislator about a particular bill or issue, they can
call the toll-free Legislative Message Line at 800-372-7181. February 27, 2009
Executive Branch ethics bill passes
House 92-0 FRANKFORT – A pared-down version
of a former House bill that would improve state employee job protections and ethics in
hiring passed the House today by a vote of 92-0. House Bill 304, sponsored by Rep. Mike
Cherry, D-Princeton, is a revised version of Cherry’s Public Employee Protection Act
which was considered in 2007 and 2008 but did not become law. The 2009 bill has fewer
provisions than the two earlier bills since most provisions have been implemented by the
governor, Cherry said, but several areas left unaddressed are the bill. HB 304 now goes to the Senate for its
consideration. Provisions in HB 304 include covering
Personnel Cabinet board members under the Executive Branch ethics code, requiring that
former non-merit employees serve a 12 month probationary period before being appointed to
a merit system position, with few exceptions, and allowing employees to seek nonpartisan
elected office (such as a school board position) if there is no perceived conflict and the
employee has fully disclosed their intent to run for office to their employer. The bill would also place limits on
compensatory time block payments for non-merit employees, limit comp leave payments for
any employee who leaves state government service to 240 hours (the equivalent of 10 days),
and allow state employees who have been on leave for active military duty or training to
return to their job and appeal any possible dismissal. The state merit system is a classified
employment system that is designed so employees are hired based on their qualifications.
February 27, 2009
Oil, gas leasing
on state lands moves forward FRANKFORT — State land could be leased for oil and gas
exploration if a bill passed by the Senate today become law. Senate Bill 138, sponsored by Sen. Tom
Jensen, R-London, would allow state agencies and universities to lease their property for
drilling. Any leasing fees or royalties would go back to the agencies for their own use,
and the process would make sure that the state receives a fair price for the mineral
rights, Jensen said. The state’s scenic beauty and
other concerns would come into play, Jensen said. “The state will have a higher
standard than normal,” he stated. “We’ll consider the aesthetic effects.
We’ll consider the safety of citizens when they’re on state lands.”
Regulations in the bill require any lease to be in the “best interest of the
Commonwealth” and maintain environmental quality of the land. Many other states already allow such
leases, and federal land in Kentucky is already eligible, Jensen said. “The
University of Kentucky is currently drilling on property in another state that it has an
interest in,” he noted. The bill, which passed 36-0, now moves
to the House for its consideration.
February 27, 2009
Senate approves
executive branch ethics bill FRANKFORT — State contracts would be essentially forbidden to
anyone giving money to candidates under comprehensive ethics legislation passed today by
the Senate. “Ethical government and ethical
elections are crucial to the success of self-government, and legislation to promote those
core American values is as important as anything we do here,” said Sen. Damon Thayer,
the sponsor of Senate Bill 2. SB 2 includes business partners as
those who cannot benefit from the actions of a state official. Currently only the official
and their family members are included in the prohibition. The bill also extends the ban on state
officials going to work for a business they regulated to two years. The current
prohibition is six months. Among the most notable elements of SB
2 is the ban on any business entity receiving a state contract within 18 months of
donating more than $500 to a candidate for office. Individuals acting as their own
business would have a limit of $50, and both limits would apply to the entire length of
the contract as well. “One of the strongest provisions of Senate Bill 2 would end the
practice of ‘pay to play,’” said Thayer, R-Georgetown. The makeup of the Executive Branch
Ethics Commission would change under the bill, giving other constitutional officers a
greater role in its membership. While the first appointment under SB 2 would be made by
the governor, the next three appointments would be chosen from a list submitted by the
Attorney General, Secretary of State, and Auditor of Public Accounts. The bill, which passed 32-4, now moves
to the House for its consideration. February 13, 2009
House Bill 144, the
tax measure, passed the House Wednesday and the Senate Friday. It was then sent to the
governor for his expected signature. It represents a bipartisan consensus worked out over
the past few weeks by leaders from both chambers to cope with a projected $456 million
revenue shortfall this fiscal year. The bill doubles the
state cigarette tax, to 60 cents a pack from 30 cents. It also doubles current taxes on
chewing tobacco, snuff and other tobacco products. To spread the burden and avoid an even
more dramatic cigarette-tax jump (to a dollar a pack, as proposed by the governor) it also
extends the state's 6 percent sales tax to retail purchases of package beer, wine and
liquor. By-the-drink sales in bars and restaurants are already subject to that tax. While these new user
fees could generate as much as $180 million a year, it's estimated they will only raise
$52 million this fiscal year – the immediate shortfall year – which ends June
30. They will take effect April 1. The two other fixes
in this week's overall budget package are transfers of money from other state accounts
(including $219 million from the budget reserve 'rainy day' fund) and around $147 million
in cuts from state agencies and the legislative and judicial branch budgets. Basic elementary and
secondary schools funding would be spared further reductions this year, and corrections,
mental health services, and Medicaid, along with a few other core functions, dodged this
winter's bullet. It was felt that previous dramatic cuts in this year's budget – cuts
that already have many agencies struggling to provide services – precluded a 'cuts
only' approach to dealing with this latest shortfall. Most of this week's
public and legislative debate centered on the alcohol tax instead of the tobacco tax,
possibly reflecting the fact Kentucky has long had one of the lowest cigarette tax rates
in the nation (fourth lowest nationally until now), while alcohol taxes are said to be
among the highest. In addition to the new sales tax contained in the bill, Industry spokesmen
and other opponents of the move were vocal in their contention that one of Kentucky's
signature industries should be spared this increase. But supporters countered that the tax
would be paid at the retail level by consumers, not the industry, and there is little
indication sales would suffer much because of the levy. Ultimately, a
supermajority in both the House and Senate agreed. (Any tax measure proposed in a 30-day
non-budget session requires 60 votes in the 100-member House and 23 in the 38-member
Senate). The final tally was 66-34 in the House, 24-12 in the Senate. Meanwhile, one other
bill emerged from the Senate this week that could generate headlines as the session
continues: Senate Bill 1, which would dramatically revamp the controversial
school-accountability testing system in Kentucky public education. The bill, stated
simply, would eliminate the current system of school testing known as CATS -- a
test specific to Kentucky and filled with largely open-ended questions -- and replace it
in part with a national standardized multiple-choice test. The intent: Have a test that
can empirically compare individual student to individual student (and school district to
school district) here in-state, and With a growing sense
among lawmakers that some revisiting of CATS in an idea whose time may have come, the
exact form such revision takes could emerge as a major issue as the Senate bill now goes
to the House for its consideration, and the session moves past the immediate budget crisis
to other issues. One item of note:
Legislative leaders have amended this year's session calendar to build more 'committee
work only' days into the schedule (thereby saving official 'legislative days' while still
working to get bills in shape for floor action). As a result, the chambers will not
convene in full session this coming week. The revised calendar now extends final
adjournment to March 27. Kentuckians can
check that calendar and stay informed of legislative action on bills of interest to them
by logging onto the Legislative Research Commission website at www.lrc.ky.gov
or by calling the LRC's toll-free Bill Status Line at 866-840-2835. To find out when a
committee meeting is scheduled, you can call the LRC toll-free Meeting Information Line at
800-633-9650. Citizens can also
share comments or concerns with any legislator by calling the toll-free Legislative
Message Line at 800-372-7181.
February 13, 2009
Tax plan squeaks through Senate; budget headed to governor
FRANKFORT
— A package to cut state spending and increase revenue to address a $456 million
deficit narrowly passed the Senate this morning, sending it to Gov. Beshear’s desk
for his signature at a 1 p.m. event. House Bill
144, the tax portion of the plan, passed 24-12 vote, one more vote than constitutionally
necessary. HB 143, concerning the revenue cuts, passed 35-1. “People
on both sides of this issue understand the dire circumstances we’re in,” said
Senate President David Williams, R-Burkesville. The plan
would double the tax on tobacco products and subject alcoholic beverages to the
state’s 6 percent sales tax. Meanwhile, most state agencies would face 4 percent
cuts, with the remainder of the deficit filled with fund transfers. Under the
plan, cigarettes would be taxed at 60 cents per pack, while snuff would be taxed at 19
cents per tin and other products would see a 15 percent wholesale tax. Alcohol currently
faces an 11 percent wholesale rate, but is exempt from the retail tax. Both
increases would begin on April 1. While most
state agencies, including the legislative and judicial branches, would see their budgets
trimmed by 4 percent, colleges and universities would be cut only 2 percent, while
Medicaid, corrections, and P-12 education’s SEEK funding would be spared. Local
economic development funding, including coal severance receipts, will also be protected
from the cuts and transfers. “Cuts
of a half billion dollars have already been made, with more to come,” said Sen.
Charlie Borders, R-Russell. “The road is not going to get better any time soon.” The lengthy
debate — more than half of all senators rose to speak — centered on the need for
a more comprehensive look at the tax structure in the future. “This
is a stopgap measure, and that’s OK,” said Williams. “We’ve set the
stage for a new day.” Sen. Tim
Shaughnessy, D-Louisville, said the vote was simply a preview of what lies ahead.
“This is the easy part,” he said. “The real difficulty will come in the
next biennium.” Criticism of
the tax package focused on the targeted items. “My problem is with the equity and
fairness,” said Sen. Julian Carroll, D-Frankfort. “I came here prepared to vote
for a tax, but not this tax.” Sen. Julie
Denton, R-Louisville, pointed out that alcohol is not sold everywhere in the state.
“It’s targeting the big counties that happen to be wet,” she said.
“This is a 120-county problem that we’re strapping to the backs of 30
counties.” The bill
will also allow the governor to make use of any emergency funding passed by Congress.
“I can only hope the stimulus package … will add some help to our state’s
situation,” said Sen. David Boswell, D-Owensboro. February 10, 2009
School testing reforms, early graduation program passed in Senate
FRANKFORT
— Broad changes to the state’s system of student testing and a program to allow
motivated students to graduate high school in three years were both approved by the Senate
today. Senate Bill
1, sponsored by Sen. Ken Winters, R-Murray, and Senate President David Williams,
R-Burkesville, would remove open-response questions from the state’s end-of-year
student assessments in favor of a national norm-referenced test augmented by additional
multiple-choice tests to cover the state’s core content. Winters
noted that focusing on multiple-choice questions would allow parents and teachers to
receive feedback more quickly and immediately adjust to individual students’ learning
needs. “The CATS test as we know it now provides very little information on
students,” he said, because school accountability is the major focus. Open-response
questions are also subject to the judgment of those grading the answers, rather than very
clear answers on multiple-choice exams. Kentucky
students could also be compared to students in other states and nations, said Senate
Majority Floor Leader Dan Kelly, R-Springfield. Under SB 1,
writing portfolios would no longer be part of the assessment program, but would be
retained as a teaching tool in grades 5-12. Likewise, end-of-year tests in the arts and
vocational skills would be eliminated. Instead, schools’ programs would be evaluated
to make sure students were able to pursue those courses effectively. “This
program will put us many, many years ahead,” Winters said of the bill, which passed
36-0. Winters
spoke of the urgency in getting the bill to the House before next week’s legislative
recess, which will allow various parties to discuss the final version before it receives
final passage. SB 3, also
sponsored by Winters and Williams, would allow students who complete 15 core courses to
graduate high school in three years. Currently, all students must complete 22 credits over
their four-year scholastic careers. “We want to give students the opportunity to opt
out of the electives and aggressively concentrate on the core courses,” Winters said.
Among the 15 required credits are four years of English, two years of a single foreign
language, and two years of algebra along with geometry, chemistry, biology, and U.S.
history. Students who
graduate early would be granted unconditional admission to any state college or university
with a 3.0 grade point average, ACT scores that meet or exceed benchmarks in math and
English, and completion of two Advanced Placement or International Baccalaureate courses. Students who
graduate early would be given an extra year of KEES scholarship money based on their first
three years’ awards, and the per-pupil funding ordinarily given to their local school
district would go to their college or university instead. “If there are students who
aren’t interested in extracurriculars, who don’t want to join the band or play
sports, who want to focus on their studies and want their college education to me more
affordable, we should make that possible,” Williams said. SB 3 passed
on a 24-12 vote. Both bills now move to the House for its consideration. February 10, 2009 House
budget committee passes tax, budget bill to reduce
shortfall FRANKFORT—
The House budget committee approved a tax bill today that would help plug a $456 million
hole in the state budget this fiscal year with over $150 million in new revenue. The
revenue created by House Bill 144, sponsored by House Speaker Greg Stumbo, D-Prestonsburg,
now goes to the full House where it is expected to be voted on tomorrow. At least 60 House
members will have to approve the tax measure before it can be sent to the Senate for
consideration. Projected
new revenue from HB 144 would come from two sources: an increase in tobacco taxes, which
would raise the state tax on each pack of cigarettes by 30 cents to 60 cents and double
the taxes on chewing tobacco and snuff, and a 6 percent sales tax on package alcohol sales
at liquor stores and groceries. The bill would
not increase taxes on alcohol at the wholesale level, according to House Appropriations
and Revenue Committee Chairman Rep. Rick Rand, D-Bedford. A
budget modification bill, House Bill 143 sponsored by Stumbo, was also passed by the
committee and goes to the full House tomorrow. Rand explained that HB 143 would help cover
the rest of the shortfall without the use of coal severance or tobacco settlement funds
and without state employee furloughs. It would instead authorize the governor to make a
one-time transfer of up to $50 million from the state employee health trust fund if
actuarially sound, give the governor authority to make necessary spending cuts among state
agencies, authorize cuts of up to 4 percent in the legislative and judicial branches and
allow the state to use up to $219 million from its reserves this fiscal year to fill the
budget hole. Rand
added that HB 143 includes a list of areas that lawmakers hope the governor will hold
harmless--or not cut—including teacher’s retirement, Medicaid, SEEK per pupil
funds for school districts among others. He also said that lawmakers hope millions taken
from the state budget reserve trust fund can be replaced next fiscal year with revenue
created by HB 144. House
Appropriations and Revenue Committee First Vice Chair Rep. Robin Webb, D-Grayson, said the
budget plan passed by the committee also leaves room for any federal funds Kentucky might
receive from a federal stimulus plan now before Congress. The stimulus plan passed the
U.S. Senate today and is now being reconciled with a bill in the U.S. House. “We
have addressed the possibility of federal stimulus money. Although that is a fluid
process…we have included language (for) that potential revenue enhancement,”
said Webb, adding that any funding received should be used in a “prudent
manner.” February 6, 2009
Legislative leaders amend 2009 session calendar
FRANKFORT -- Kentucky Senate and House leaders today
approved changes to the calendar for the General Assembly’s 2009 legislative session.
The session is now scheduled to conclude on March 27, three days later than
previously planned. In
addition to observing the Feb. 16 Presidents’ Day holiday by not convening that day,
the General Assembly will also not be in session on Feb. 17, 18, 19 and 20, according to
the amended calendar. The
veto recess – the period of time during which lawmakers return to their home
districts to wait for potential gubernatorial vetoes – will be held from March 14 to
March 25. After the recess, lawmakers will return to the Capitol on March 26 and 27 for
the final days of the session. A copy of the new 2009 legislative calendar can be viewed here. February 6, 2009 In a week that saw
Gov. Steve Beshear deliver his State of the Commonwealth Address to a joint session of the
House and Senate, key leaders in both chambers seemed in basic accord on one aspect of the
governor's budgetary analysis: Cuts alone would not be a practical fix, coming as they
would with a fiscal-year deadline looming, and state agencies are already struggling to
deal with economies previously imposed in this year's spending plan. The budget faces a
$459 million shortfall this fiscal year alone, a period ending June 30. To deal with the
immediate crisis, the governor has proposed – and reiterated in his speech Wednesday
– a package of spending cuts and fund transfers coupled with a sharp rise in the
state cigarette tax, from 30 cents a pack to a dollar a pack. The proposal also calls for
significant tax increases on other tobacco products. Kentucky's cigarette
tax is the fourth lowest in the nation, and as the governor noted, the state consistently
ranks first in the number of smoking-related deaths. But in a subdued
speech with heavy emphasis on bipartisanship and cooperation, the governor emphasized that
specifics of his plan remain open to discussion – which if nothing else reflects the
political reality that a full 70-cent hike in cigarette taxes seems a hard sell at best
with many lawmakers. Within the
Legislature itself, talks continued last week among key leaders and budget panel members
of both chambers, as they work to arrive at a consensus proposal that can pass the
Legislature before adjournment -- perhaps well before adjournment. At a press conference
this morning, Senate President While details of
such a negotiated package have not been finalized, the idea has been raised that some
combination of a cigarette and alcohol taxes could prove palatable to the membership this
year, given the seriousness of the situation and the fact that scorched-earth cuts seem
needed if cutting is undertaken in isolation. Beyond the budget
question, one indication that the road ahead could be busy this session is that
legislative leaders approved a proposal to alter the session calendar to build more
'committee work only' days into the schedule (thereby saving official 'legislative days')
and extend final adjournment to March 27, three days later than previously planned. One surprise in
Beshear's speech was his call to conduct a comprehensive review of KERA -- the Kentucky
Education Reform Act of 1990. KERA, while
considered a national model by some and praised in many quarters, has also been
controversial. It dramatically increased funding for public schools and totally overhauled
how they are governed and how student achievement – and overall school success or
failure -- is measured through testing. But the testing
program, in particular, has been heavily criticized for not giving teachers reliable
statistics for gauging student progress, or comparing Beshear offered no
specifics about what the proposed review would involve, or when it would be undertaken.
But after nearly 20 years it may be an issue whose time has come; there is already a
strong push underway this session to revamp the testing component of KERA. Kentuckians can stay
informed of legislative action on bills of interest to them by logging onto the
Legislative Research Commission website at www.lrc.ky.gov
or by calling the LRC toll-free Bill Status Line at 866-840-2835. To find out when a
committee meeting is scheduled, you can call the LRC toll-free Meeting Information Line at
800-633-9650. Citizens can also
share comments or concerns with any legislator by calling the toll-free Legislative
Message Line at 800-372-7181.
Senate approves drug diversion program, drugged driving plan FRANKFORT
— Arrested drug addicts could be treated for their problem before heading to trial
— and potentially head off a lengthy prison sentence — under a plan passed today
by the Senate. Senate Bill
4, sponsored by Senate Majority Floor Leader Dan Kelly, R-Springfield, and Senate Minority
Floor Leader Ed Worley, D-Richmond, would require local jails to screen felony offenders
when they are first booked. Those with drug problems could be required by a judge to seek
outpatient addiction treatment and counseling as a condition for bail. Kelly said
that without treatment, many if not most offenders will be arrested again before their
trial, leading to a lengthier sentence. More serious
addicts could voluntarily enter a secure facility, much like a minimum-security prison,
for three months to a year to get the help they need. Follow-up supervision would be a
crucial component of both programs, Kelly said. If the offenders stayed clean, they could
have the felony charge wiped from their record, allowing them to lead a normal life and
hold a steady job. “This
provisions of Senate Bill 4 are a smart way to deal with this problem,” Kelly said.
He noted that of Kentucky’s 22,000 prisoners, around 5,000 are in jail simply for
drug possession, while 80 percent of all prisoners are in for some drug-related offense. Worley said
the program could make a difference in the lives of many Kentuckians, because drugs touch
the lives of nearly every family in some form. “I’ve seen what intensive drug
treatment programs can do.” He said. “It does work.” The bill
passed 34-1. The Senate
also passed SB 5, sponsored by Sen. Ray Jones, D-Pikeville, which would ban any amount of
a controlled substance in the blood while driving. The proposal would make it easier for
law enforcement to convict drivers who are under the influence of drugs. Taking a
prescription medication as directed would be allowed under the bill. SB 5 also
lowers the blood alcohol content at which DUI penalties are doubled. While the bill would
maintain the current DUI level at 0.08 BAC, the penalties would be doubled at a BAC of
0.15, down from the current 0.18. Both bills
now head to the House for its consideration.
LEGISLATIVE WEEK IN REVIEW
FRANKFORT -- Change, continuity and uncertainty – with those three words hanging in the air, the 2009 session of the General Assembly recessed today until Feb. 3, having disposed of the first organizational portion of this year's 'short' session in four days, with 26 more on tap and a hard February and March devoted to actual lawmaking awaiting. Change: After a record 14 years under the Speakership of Rep. Jody Richards, D-Bowling Green, the House of Representatives elected veteran lawmaker and longtime majority floor leader Rep. Greg Stumbo, D-Prestonsburg, to the Speaker's job. Continuity: The Senate re-elected Sen. David L. Williams, R-Burkesville, to its top job of President, along with the rest of the incumbent majority leadership. All returning Senate committee chairs kept their positions. Uncertainty: The state budget is in a deep hole. Gov. Steve Beshear has warned that this year's revenues will fall nearly a half-billion dollars short of projections. He's floated a raft of ideas to close the gap: An increase in the state cigarette tax by 70 cents, to a dollar a pack; drawing down the state's 'rainy day' budget reserve; across-the-board agency cuts; and limited furloughs of state employees. How the Legislature deals with this financial challenge in the face of a nationwide recession may largely define this session's legacy. While almost all agree that belt-tightening and governmental efficiency are first on the list of fixes, proposed new sources of state revenue -- including not just Beshear's tobacco-tax hike, but expanded gambling in the form of video lottery terminals at Kentucky racetracks, a proposal that gained new currency in the House this week -- face uncertain prospects. With a $456-million budget shortfall projected in this fiscal year alone, some urgency has been expressed that action be taken quickly, perhaps in a special session between now and the regular session's reconvening in February. Prospects for that, however, appear dim, given that no consensus has yet emerged for dealing with the complex and economically uncertain realities confronting lawmakers. Legislative leaders have said, however, that budget meetings and discussions will begin next week, in hopes that a plan can be ready or close to ready when the full Legislature returns next month. Still, this week's action focused on the nuts-and-bolts of the Legislature organizing itself. In the House, joining 25-year veteran Stumbo in leadership was longtime Speaker Pro Tem Larry Clark, D-Louisville, who is now in his ninth term in that chamberwide job. Among Democrats, incumbent Majority Floor Leader Rocky Adkins, D-Sandy Hook, was re-elected without opposition to the top party post. Rep. Bob Damron, D-Nicholasville, got the nod as caucus chairman, replacing Rep. Charlie Hoffman, D-Georgetown. Rep. John Will Stacy, D-West Liberty, was named majority whip, succeeding the retired Rep. Rob Wilkey, D-Scottsville. The only change in House Republican leadership
was the election of Rep. In the Senate, rejoining Williams in the top elected posts will be Sen. Katie Kratz Stine, R-Southgate, who was re-elected to her job as Senate president pro tem. In addition, the majority Republicans re-elected Sen. Dan Kelly of Springfield as their floor leader, Sen. Dan Seum of Fairdale as caucus chair, and Sen. Carroll Gibson of Leitchfield as whip. The minority Democrats re-elected Sen. Ed Worley of Richmond as their floor leader and Sen. Johnny Ray Turner of Drift as caucus chair, while one new member of their leadership team, Sen. Jerry Rhoads of Madisonville, will serve as minority whip. As mentioned, all
returning Senate committee chairs retained their jobs, with one wrinkle because an
additional committee was created this year: The former Senate Agriculture and Natural
Resources Committee has been split. Freshman Sen. In the House, one notable committee change was the appointment of Rep. Rick Rand, D-Bedford, to chair the powerful Appropriations and Revenue Committee. He replaces longtime A&R Chair Rep. Harry Moberly, D-Richmond. as head of that key budget-writing panel. Citizens can stay informed of legislative action on bills of interest by logging onto the Legislative Research Commission website at www.lrc.ky.gov or by calling the LRC toll-free Bill Status Line at 866-840-2835. To find out when a committee meeting is scheduled, they can check the website or call the LRC toll-free Meeting Information Line at 800-633-9650. Comments directed to a particular legislator should go through the toll-free Legislative Message Line at 800-372-7181.
January 8, 2009
Revised math standards needed, Senate
panel says FRANKFORT
— The Kentucky Department of Education needs to revise math standards so teachers and
students can more deeply explore fundamental concepts, the Senate Education Committee said
today. Members of
the panel unanimously approved Senate Joint Resolution 19, sponsored by Senate Majority
Floor Leader Dan Kelly, R-Springfield, and committee chair Sen. Ken Winters, R-Murray,
which would direct KDE to revise standards and the state tests that measure students’
progress in math. “This
is a case where we need to master the basics,” said Sen. Charlie Borders, R-Russell. Kelly cited
a report that called current math teaching “a mile wide and an inch deep,” with
teachers hurriedly covering material on end-of-year tests rather than focusing on the core
concepts that serve as stepping stones to education in higher grade levels. Alice
Gabbard, Director of Diagnostic Intervention for the Kentucky Center for Mathematics,
noted that 40 percent of the state’s college freshmen are not ready for college-level
math courses. Winters noted that with tuition costs increasing rapidly, the economic
effect on Kentucky families is directly impacted by P-12 math skills, because those
students must take remedial courses that do not gain them credit toward their degree. Both Gabbard
and Warren County Schools Superintendent Dale Brown said that more narrowly defined
standards would help teachers as well as students. “Concise standards will allow
teachers to have more efficient practices that would be have a longer-lasting
effect,” Gabbard said. Brown, whose
district has made an effort to emphasize core standards even within the current state
curriculum, said “standards need to be higher, clearer, and fewer.” Such standards, which would consider the findings of the National Council of
Teachers of Mathematics and other groups, are already in use in some other parts of the
world, such as Singapore and Hong Kong, where achievement is high on international
comparisons, Kelly said. The
resolution now moves to the full Senate for its consideration. |
