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The week that was in Frankfort was defined by passage of the state budget out of the House of Representatives on Thursday. The House’s version of HB 235, which was originally scheduled for a floor vote on Wednesday, had to be retooled and voted on a day later when it became clear to House Leadership that they simply did not have the 50 votes needed for passage. In addition to making the bill more palatable to members, the changes had the added benefit of rendering the many Republican amendments to the bill out of order. GOP amendments would have stripped Medicaid expansion and the Health Benefit Exchange from the budget as well as require the Attorney General to hire outside counsel to appeal federal court rulings (this is in response to Attorney General Jack Conway’s decision to not appeal a federal court ruling requiring the Commonwealth to recognize same-sex marriages). In order to garner a vote on those amendments, House rules require 50 or more members to vote to first “suspend the rules.” Many Democrats decided to simply not vote on those procedural measures, rather than give their Republican opponents ammunition for the 2014 general election. Ultimately, following a nearly four-hour floor debate punctuated by deep dives into Robert’s Rules, HB 235 was passed and sent to the Senate on a 53-46 vote. Republicans Steven Rudy and Jim Stewart voted for the bill, while Democrats Jim Wayne and Arnold Simpson were opposed. One Democrat member is home recovering from injury (Rep. Tom Riner, D-Jefferson) and did not vote.

GREEN SLIPS

Thanks to those of you who answered our plea for 'green slip' calls asking for support of HB 391, the 911 legislation. A number of you replied back to ask what the difference was between those and directly calling or emailing your legislators. The short answer is that it is more
of a collective voice than one individual call or email.

The Legislative Message Line is answered by LRC staffers who write your message on, literally, green message pads that are consistently referenced by legislators when explaining their vote in committee and on their respective floors. You'll often hear, "I've received more green slips on this topic than any other this session", or "While my personal opinion may be A, my green slips clearly favor Z so I cast my vote in favor of Z." That kind of support or opposition can lead a legislator to vote your way, and any constituent can call the Legislative Message Line. Both the direct calls as well as the green slips are utilized by supporters and opponents of legislation.

As for HB 391, we will continue to work the bill until all options are exhausted this session.

JUVENILE JUSTICE

Bills typically fly out of their originating chamber this time of year, and this past legislative week was true to form. Committee rosters were packed, and some of the session’s biggest issues passed their first vote hurdle. SB 200 is the juvenile justice reform bill, and it passed the Senate Judiciary committee after a lengthy debate. Following Kentucky’s successful attempt at corrections reform in 2012, a task force on juvenile justice reform has spent the last two years reviewing the Commonwealth’s policies dealing with minors, assisted again by the Pew Center’s Public Safety Performance Project. Many Kentucky youth are placed in detention for committing low-level offenses that would not be criminal if committed by an adult. The system is expensive, and it may ultimately propagate criminal activity once these youth become adults, rather than deter it. This bill has been described by the sponsor as the first bite of that big proverbial apple, and it will move to the Senate floor next week.

LIFT--EXPANDED GAMING--ABBREVIATED LEGISLATIVE SESSIONS

HB 399, the LIFT constitutional amendment ballot initiative that would allow a temporar local option sales tax, passed out of the House Committee on Elections, Constitutional Amendments and Intergovernmental Affairs on Tuesday. The 6-3 vote was bipartisan, with both rural and urban legislators in support. Recent statewide polling indicates that citizens of both major parties in every geographic region of the Commonwealth want the opportunity to vote – up or down – on local projects, boding well for proponents of the measure who need 60 votes on the floor to put the language on the ballot. HB 551 is the complimentary enabling legislation to the proposal, and it was the subject of discussion in the House Local Government Committee on Wednesday of this week. KACo was present at the table to testify in favor of the enabling legislation.

Two other Constitutional Amendments were on the front burner this week. Supporters of Kentucky WINS! held a rally in the Capitol rotunda on Thursday to show their support for any and all of three bills that would allow for Kentuckians to finally vote on expanded gaming. Vince Lang, KCJEA executive director, was one of the speakers urging the General Assembly to place the constitutional amendment on the ballot as a means of assisting county governments with the often under-funded but primarily unfunded mandates that continue to pile on every county office. Business leaders, educators, county and city officials, and legislators who are desperately looking for new, non-tax revenue as they shape the budget, made their case to move the issue forward. To that end, Governor Beshear and several members of the General Assembly from both sides of the aisle expressed their continued support for expanded gaming late this week. A couple of House members publicly stated that their vote counts show that they are on the cusp of the coveted 60 needed votes. The passage of an austere budget may motivate members in both the House and Senate to take a closer look at the proposals, which could yield $500-600 million in the latter half of this biennium.

Sen. President Robert Stivers’ bill to cut the number of legislative working days unanimously cleared a Senate panel on Wednesday. Stivers’ SB 195 bill would limit odd-numbered year sessions to a maximum of 15 working days, down from 30. In even-numbered years, the “long sessions” would be reduced to 45 days from 60, with ten “floating days.” The bill would not diminish the governor’s ability to call special sessions. Kentucky’s legislature is nominally part-time, but annual sessions and interim committee meetings limit the members’ earning potential, thus limiting the crop of those who may potentially serve. Stivers stated that he filed the bill to try to persuade more people to run for the General Assembly. And it must be noted that the amount of work produced prior to the filing deadline remains at a much lower level than that completed after the fact!

ACTION NEEDED

On Tuesday, March 18, we expect SB 137 to be heard in the Senate Banking and Insurance Committee. This bill seeks to double the fees that attorneys are paid by plaintiffs in workers' compensation cases. That kind of staggering increase would have a direct and expensive impact on all workers' compensation premiums. We are working with the business community as well as other workers' compensation providers to defeat this legislation. It is egregious that this bill doublingthe current $12,000 maximum attorney's feeto $24,000 could be given a committee hearing while a bill to aid local governments in continuing to provide 911 call service via a 30-cent fee increase cannot garner enough support for the same opportunity.

The following are on the committee and need to hear from you by Monday evening. Again, you can also utilize that Legislative Message Line listed below and directly call your senator as well: Sen. Tom Buford, chairman, Sen. Jared Carpenter, vice-chair, Sen. Julian Carroll, Sen. Julie Denton, Sen. Chris Girdler, Sen. Morgan McGarvey, Sen. Dennis Parrett, Sen. Dorsey Ridley, Sen. Albert Robinson, Sen. Dan Seum, and Sen. Brandon Smith.

COMING ATTRACTIONS

Next week will certainly be crunch time on a lot of major issues, including those already mentioned in this report. The House has yet to take up the road plan, although they passed a revenue measure-HB 445-on Wednesday of this week that raises the “floor” of the state gasoline tax (supported by KACo) which largely funds the state’s road projects. The package of road bills is expected to move next week. The Senate now has the budget, and if prior sessions are any indication, will pass its version just before the veto recess. If the legislature fails to agree upon a budget before the scheduled veto break, they run the risk of not being able to override any gubernatorial veto.

March 28 and 31-Concurrence Only

April 1-11-Veto days

April 15-SINE DIE (Day 60)

Legislative Message Line, open M-Th 7 a.m. to 11-p.m and Fridays until 6 p.m.: 1(800) 372-7181.