Now That the Threat of Further Gubernatorial Vetoes Has Passed, the 2014 Session Is Officially

Now that the threat of further gubernatorial vetoes has passed, the 2014 session is officially complete! While over 900 bills and binding resolutions were filed, only 145 will become law. Legislative elections always loom large over the even-numbered year sessions, and this year was no exception. After the lull of the 10-day veto recess, the final 48 hours of the session were no disappointment. A flurry of meetings, votes, recesses and negotiations consumed the clock as midnight on the 15th came and went, sending legislators home to focus on re-election and a lot of business left for another session.

THE FINAL DAYS

At midnight on day 60, the gavel fell in both the House and Senate, signaling the Sine Die adjournment of the 2014 Kentucky General Assembly. Several bills still remained, and both chambers waited and deliberated until the last constitutionally allowed second to take action. Senate Bill 5, commonly referred to as “the heroin bill,” was the biggest casualty. The legislature did escape in the eleventh hour with a compromise on the six-year road plan. That, combined with the successful passage of the budget prior to the veto recess, mitigates the absolute necessity of a special session, but it will be the prerogative of the Governor to call the members back during the interim. He restated he will not do so without a prearranged agreement between chambers.

As mentioned, the biennial budget passed prior to the veto recess. Governor Beshear exercised his line-item veto on the budget bill, notably deleting language that would have limited the flexibility of many community and technical colleges to fund capital projects. The legislature did not act to override the Governor’s line-item vetoes. The road plan passed on the final evening without an increase in the gasoline tax, despite best efforts by county officials and other stakeholders throughout the session to include a compromise amount between the two chambers’ budgets. The House had included it in their version, but in the end an agreement could not be reached. Kentucky’s six-year plan is broken up into two parts: the two-year “funded” portion and a generally unfunded plan for the four remaining “out years.” Rather than fully fund all phases of projects (from design to construction) within the two-year portion and leave a relatively meaningless wish list of out-year projects, the General Assembly attempted to have a true six year plan. Money will be let for projects incrementally over the next six years, avoiding the project glut that has prevented projects from being let in a timely manner.

Senate Bill 200, the juvenile justice reform bill, was sent to the Governor’s desk on Monday. One of the final bills that passed both chambers was House Bill 2, which provides scholarship opportunities for students from counties in the state’s Eastern and Western coal fields. Senate Bill 74 provides economic development incentives for a large steel mill in Eastern Kentucky. It barely passed, following an hour long debate on the Senate floor that lasted until 11:30 Tuesday evening. Retiring Senator Bob Leeper (I-Paducah) urged his colleagues to vote against the incentives provision, noting that the same legislation was still alive in the House – the same chamber that refused to act on Leeper’s bill that would allow nuclear power plants in Kentucky. The debate was vicious. Senators from Western Kentucky publicly expressed frustration about the money and attention paid to Eastern Kentucky. Nearly all Republican members placed blame on Democrats in the House for not moving bills in a timely manner, if at all. The vote on the steel mill provisions held at 19-19 with the roll call open for minutes, until two Republicans switched their vote, allowing it to move forward.

The House was also chasing the clock in the final hours. As the minutes waned, that body was set to take a vote on a relatively non-controversial parental rights bill. A previously unseen, eleven-page floor amendment that would have made several changes to Kentucky limited liability company statutes was called, and in the interest of time, House Leadership quickly attempted to end debate and proceed with a vote. However, ending debate requires its own procedural vote, and House Republicans used their vote explanation to essentially filibuster the provision. The amendment was tabled and the bill passed out cleanly, but SB 5 and HB 125 were left in its wake as the clock ran out nearly 15 minutes later. The heroin bill had a controversial needle exchange provision which led to continued floor debate. When it was clear there was not time to send the bill back to the Senate then to the Governor’s Office, the bill was no longer in play. The House enrolled a final batch of bills, then adjourned. Senate President Stivers has since stated that he will ask the Governor to call for a special session to address heroin abuse, and House Speaker Greg Stumbo said it will be the legislature’s top priority in 2015. But just yesterday the Governor stated “my door is not being knocked down with folks…crying out for a special session.”

The legislature did not override any gubernatorial vetoes, meaning that public-private-

Partnerships (HB 407) must wait for a future session. Tolling between Kentucky and Ohio on a future I-75 bridge replacement was the stumbling block for that bill. No agreement was reached on the Rupp Arena expansion, which took up a significant amount of time the last couple days of session. Legislators expressed support for the end goal, but were never able to find a comfort level with a financing plan. Bills and multiple amendments attempting to take away the right of eminent domain for natural gas liquids projects did not pass. The sponsor of Senate Bill 99, the “AT&T bill,” eulogized the death of telecomm modernization on the Senate floor late on that final night. Expanded gaming did not pass this session. HB 391, the KACo/KLC/911 dispatchers’ E911 bill did not advance. We owe a debt of thanks to our bill sponsor, Rep. Martha Jane King (D-Logan, Todd). Her zealous belief in the need for the bill is unmatched, and we want to thank her for her hard work with House and Senate members sympathetic to the need for funding reform.

NOTE OF THANKS

We want to thank all of those who helped advocate for county issues this session. The KACo legislative committee members, led by KACo President and Legislative Committee Chairman Peanuts Gaines, met weekly to determine the priority of bills that would be supported or opposed this year. We thank them for their time and dedication. Those who represent the affiliate associations, including members, executive directors and contract lobbyists, all had input and effort on behalf of county government. It takes all of us working together during the session to cover the many bills that could affect county government.

We appreciate all of the members who responded to our requests for action, whether it was testifying on a bill, calling, sending an email or visiting with your legislators. That is the most effective lobbying anyone can do. No positive legislation would advance, and more detrimental legislation would surely pass, without your participation in the process.

I also want to personally thank the KACo staff for their continued support. Vicki Pettus, the Legislative and Research Assistant, staffed each committee meeting and kept the committee organized and efficient. Employees from every department helped during the session, including nights and weekends as needed.

Attached for your review is the final bill report as of April 15, 2014. For more details on each bill, you can visit the Legislative Research Commission’s website by clicking here. Interim General Assembly meetings traditionally begin in June, and some of you have already submitted ideas for the 2015 session. We will attend all pertinent interim meetings and report to you as needed.

You may also access all of the minutes from the KACo Legislative Committee meetings on KACo’s website (under Legislative Services):

The legislative committee will start meetings in late summer to begin crafting the 2015 agenda for counties. During the interim, we encourage you to work within your individual associations to build consensus among your colleagues, inform them of the needs in your part of the state, and become familiar with what others in your position are dealing with in their county.

As always, you can call or email anytime with questions or ideas on legislation that would be of service to you and your county. You can reach me by email at .

Shellie Hampton

KACo Director of Governmental Relations

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