Passed the Halfway Mark

We kicked off week nine of the 2020 Regular Session with a visit from two special guests in the Senate chamber, Save the Children Action Network President, Mark Shriver and award-winning actress, Jennifer Garner. Many might not know that Jennifer Garner grew up in West Virginia where she witnessed the effects of generational poverty on children, similar to those we see in rural Kentucky. With the help of local advocates, Ms. Garner and Mr. Shriver are working to preserve funding for Save the Children’s early childhood education and literacy programs, which serve more than 12,000 children throughout the Commonwealth. It was an honor to welcome them to Frankfort. 

The Kentucky General Assembly crossed another mile marker this week by reaching the deadline to file new bills. Slightly less than 1,000 bills were filed — 286 Senate bills and 647 House bills. With the bill filing deadline behind us, we now have a more complete view of the issues lawmakers will take up this year. There are sure to be tough decisions and compromises made in the final weeks ahead.

Senate Bill (SB) 2, the proposed voter ID requirement, passed in the House on Tuesday with various amendments to find a compromise among House members.  However, the Senate voted to “not concur” with these changes, and is therefore asking the House to recede from its changes to the bill.  If the House does not “recede,” SB 2 may then move to a conference committee, made up of both House and Senate members, for further discussion.  If a compromise between chambers can be hammered out, the Conference Committee issues a new draft that then gets a vote in each chamber.

The medical marijuana bill, HB 136, was referred to the Senate Judiciary Committee this week and I’m continuing to read through the proposal, marking it up with questions and comments. I plan to meet with the bill sponsor next week to work through those concerns. Separately, House Resolution 5, which urges national drug organizations, such as the U.S. Food and Drug Administration, to expedite research into the potential therapeutic benefits and risks of using marijuana for health purposes, passed the Senate with broad bipartisan support.

Today, women make up less than 25 percent of the tech and computer science workforce. SB 193 establishes a goal of increasing participation in computer science courses by underrepresented groups, including females, minorities, students with disabilities, English language learners, and students whose families are eligible for free or reduced-price lunch. SB 193 includes the number of computer science courses or programs offered in each school, as well as the nature of those courses or programs, and the number of instructors required. I am proud to support this bill and hope to see an increase in computer science participation upon its passage. 

In the healthcare space, we’ve been active on several bills including a measure which passed this week to rein in “surprise medical billing.” This occurs when patients receive care — often unwittingly — outside of their insurer’s network and subsequently get a bill for inordinate amounts of money that can potentially bankrupt a family. SB 150 seeks to stop the practice by requiring insurers to cover surprise medical billing. SB 150 would require the state insurance commissioner to establish a database of billed health care service charges, and it would provide a dispute resolution program for medical insurers and providers to work out their differences over these out-of-network charges, not the patient.  While the bill isn’t as aggressive as I’d like, we hope it spares families from getting hit with bills that send them over a financial cliff.

Once again, a bill to criminalize the “doxing” of minors, SB 182, passed the Senate. By definition, doxing is the act of publicly identifying or publishing private information about someone, especially as a form of punishment, intimidation, or revenge. This legislation stems from the students in Northern Kentucky who were doxed following the posting last year of an infamous video of a student with a Native American protester in Washington D.C. The students at that school and even their families have been threatened and harassed by strangers seeking to intimidate them. SB 182 is a commonsense step to address the growing problem of cyber harassment in today’s digital-driven era, and would protect the privacy of minors.

As usual, a number of other bills moved through the Senate this week, including these:

SB 21 allows veterinarians to report the abuse of animals under their care. Currently, veterinarians are prohibited by law from reporting abuse of animals under their care unless they have the permission of the owner or are under a court order. 

SB 80 is the statutory companion to the Marsy’s Law constitutional amendment (SB15), and is identical to the process from 2018 when it last passed. SB 80 lays out various implementation details for Marsy’s Law including expanding the definition of victim to include all felony offenses and the most serious misdemeanors, what happens when there are multiple victims, or who has the power to assert the victim’s rights if a victim is deceased.  These statutory changes are contingent on the ratification of Marsy’s Law by the voters.

SJR 35 directs the Cabinet for Health and Family Services to establish the Task Force on Services for Persons with Brain Injuries.

SB 115 amends the statute regarding the tuition waiver for Kentucky foster or adopted children to include graduate programs and extends the eligibility time period to 10 consecutive or non-consecutive semesters up to age 28.

SB 136 requires home health aides who have not provided services to clients who have Alzheimer’s disease or other forms of dementia to complete four hours of approved dementia training. 

SB 148 Requires individuals applying to claim certain agriculture exceptions to first apply for an agriculture exemption number from the Kentucky Department of Revenue (DOR). The bill further requires that DOR develop a searchable agriculture exemption number database for sellers and retailers to use for verification. 

SB 159 sets regulations for the operation and maintenance of splash parks and to establish their separation from facilities with full-blown swimming pool installations.

Thank you for staying engaged in the legislative process. It is an honor to serve you in Frankfort and I welcome your questions and comments about these issues or any other public policy issue, As always, please call me toll-free at 1-800-372-7181, email me at Whitney.Westerfield@LRC.ky.gov.

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Note: Senator Whitney Westerfield (R-Hopkinsville) represents the 3rd District including Christian, Logan, and Todd counties. He is the chairman of the Judiciary Committee. Senator Westerfield also serves as a member on the Veterans, Military Affairs and Public Protection Committee; the Agriculture Committee; the Capital Planning Advisory Board; the Natural Resources and Energy Committee; the Tobacco Settlement Agreement Fund Oversight Committee; the Program Review and Investigations Committee; the Child Welfare Oversight and Advisory Committee; the Public Assistance Reform Task Force, and as a liaison member of the Budget Review Subcommittee on Justice and Judiciary. For a high-resolution .jpeg of Senator Westerfield, please visit https://legislature.ky.gov/Legislators%20Full%20Res%20Images/senate103.jpg

Pension Bill Draft

As promised, linked below is the draft of the pension reform legislation, along with a section-by-section guide to help navigate the bill, and finally a side-by-side benefit comparison chart.

Pension Reform Proposal

UPDATED (9:59am CST): According to the Governor's office, the hazardous section was mistakenly omitted from the first document.  I have replaced the linked PDF below.

Senate, House and Executive Branch leadership have met for months discussing and debating what reforms we should pass to address Kentucky's ailing pensions systems.  The finer points of the legislation itself (a bill I'm told that is in excess of 500 pages) is still being put through statute revision (a key step in all legislation to check for errors) and proofread.  In the meantime, the folks working on the bill have prepared a summary of key points based on the bill.  Again, this is not a wishlist.  These provisions are contained in the bill itself.

Click below to download the summary:

As soon as the legislation is available I will be posting the full text here on the blog so be sure to bookmark the site, follow me at the links below to catch all the updates.

2016 Enacted Laws Now Available

Every year after the legislature adjourns a small band of dedicated legislative professionals who work hard throughout the session, alongside bill analysts in writing and revising bills requested by legislators, go right back to work to update our Kentucky Revised Statutes with all the changes from laws that passed and were signed into law.  This, as you might imagine, takes a fair amount of time.  Multiple statutes get amended and the print and online versions both have to be updated.

Adding further opportunity for confusion are the various go-live dates for the laws that were passed.  Most default to July 15th as the effective date for new legislation (or amended language), but if a bill has an emergency clause  (usually included at the end of a bill) it becomes effective upon the Governor's signature.  Still other bills have a delayed effective date, allowing agencies and other directly affected parties time to ramp up in preparation (see 2015's HB8/Dating Violence, 2014's SB200/Juvenile Justice).

This morning we received an email notifying us that the changes to the KRS have been completed and are now available.  For those wanting a deeper dive their instructions are below.  Even if you don't care to dig around Kentucky statutes, feel free to give a word of thanks to the hard working statute revisers and bill analysts for their service to the Commonwealth; service that too often goes woefully unnoticed and unrecognized. Tweet your thanks to the LRC Director about your favorite bill that passed and use the hashtag #LRC!

The update of the KRS database to reflect changes made in the 2016 Regular Session >is complete. The updated statutes and the 2016 Acts have been posted on our Web >site. You may access the Acts by either Acts chapter number or bill or resolution >number. The Acts Disposition and KRS Sections Affected tables are also posted. >From them you can see how each section of an Act was treated, and especially the >KRS numbers that were assigned to newly created statutes.

You will notice for amended statutes that were not part of emergency legislation, >there are two versions presently displayed on our Web site. One is for the current >statute version with unchanged text that is effective until July 15, 2016, or some >other effective date, and the other is the version containing the 2016 changes, >effective July 15, 2016, or some other effective date. Once the effective date for >the 2016 changes has passed, only the new version will be displayed on our KRS Web >page.

Eighteen statutes were amended in more than one bill, all with no conflicting >provisions. The updated statutes contain the merged language to reflect the >multiple amendments. In some of those cases, the amendments to a statute in one >bill were emergency legislation, and amendments made in another bill were not. The >changes made by the emergency legislation will show in the “Effective until(date)” >version, and the “Effective (date)” version will contain the merged amended >language. Once we hit the effective date for the later-effective version, the >“Effective until (date)” and “Effective (date)” language in the statute catchline >will go away.

Until the War is Over

Back in May (2014), I made a trip to Frankfort to catch up with a school group that was taking a daylong field trip around the historic sites of the Capitol City.  The Heritage Christian Academy Warriors (4th graders) have made a trip up to the Capitol both years I've been in office, and like any other school group visiting during the interim (when I'm not already up there for session) if I can I make the trek to Frankfort too meet them.  I hate missing a chance to visit with school kids about the job I'm blessed to have — one of these kids from the district is going to have this job one day in the future!

I caught up with the group and took them to the Senate chamber and had a chance to talk to them for nearly 45 minutes.  They asked all kinds of questions and I gave all kinds of answers!  Since we had the room to ourselves and plenty of time, I explained a lot about the kind of things we do, good and bad.  One of the students asked if I had ever been scared doing my job.  Interesting question.  Easy answer.  Yes.

I've been nervous before, about speaking or carrying a bill on the floor, but those are just nerves about sounding stupid or saying something inaccurate or embarrassing.  Fear, on the hand, hasn't been felt nearly as often.  In fact, I can only think of one occasion.  Carrying Senate Bill 8, the "ultrasound bill," in the House Health & Welfare Committee.  The bill, just like others over the years before now, had come out of the Senate and died at the hands of a pro-choice Committee Chairman and pro-choice House leaders — some publicly and unabashedly, and others under cover of anonymity and secret, if not outright deceit.  This year, the bill had sat without a hearing in the House Health & Welfare Committee for over two months when a discharge petition was filed in the house.  A discharge petition, if passed by a simple majority (51 of 100), would remove the unheard bill from the Committee and bring it before the full House for a vote on the floor.  This year, despite 61 co-sponsors of a house bill that contained SB8 language, 49 democrats and a couple of republicans (many of whom brag on themselves for co-sponsoring the same kind of bill) either walked out on the discharge petition vote or simply failed to show up for it at all.  The petition failed to pass.  Naturally, the next move of House leadership was to hear the bill in Committee - it's an election year so they can't ignore the bill altogether.  That's where I come in.

The House Health & Welfare Committee is perceived, fairly or unfairly, as unfriendly territory for conservatives.  Liberals control the membership head count, and the tension between committee members of opposite ideologies is palpable and sometimes expressly shown.  Even the committee members themselves refer to the committee by its common nickname "Hell & Warfare."  This was the lions' den, and I was ordered to march in knowing legislative defeat was certain.

I approached my testimony with great fright, believing I would be attacked or my words twisted by the committee members or the media or both.  But I carried on. I presented the bill calmly and directly, explaining the bill didn't actually do anything to expressly restrict abortion at all (no matter how much I wish would).

My testimony fell on more deaf ears than not. Those who wish to protect abortion rights made half-true claims about the bill, and particularly galling was the act by two of the most fiercely prochoice members of the committee to make the initial motion and second for the bill to be voted on — they knew they had numbers.

I explained the situation as it unfolded (edited for time and content, of course)  to these school kids. I told them how scared I was of that meeting and the battle that would come my way.  It was at that moment when a young man raised his hand to ask this profound question:

So you fight until the war is over?

Yep.

A reporter politely asked me once why we (conservatives) keep fighting for prolife legislation when we know it will continue to be defeated.  We keep fighting because those lives should be protected, and we can't give up until they are.  I trust God's plan, regardless of the outcome.  He can *seal* the mouths of the lions!