February 21 - Agenda

SENATE COMMITTEE ON JUDICIARY

TENTATIVE AGENDA

February 21, 2013 - Meeting No. 3

1. Call to order and roll call.
2. Presentation by Dr. Nora Volkow – Director of the National Institute on Drug Abuse. National Institutes of Health
3. Senate Bill 67 – AN ACT relating to persons incompetent to stand trial. Sen. S. Gregory Amend KRS 186.560 to prohibit a person found incompetent to stand trial from operating a motor vehicle in Kentucky during the period of the person's incompetency.
4. Senate Bill 78 – AN ACT relating to the Crime Victims Compensation Board. Sen. S. GregoryAmend KRS 216B.400 to require that a medical exam of a crime victim has to occur within twelve months of the medical provider's application to receive reimbursement; amend KRS 346.040 to permit the Crime Victims Compensation Board to negotiate a binding settlement for recoverable expenses with the provider after a claim has been filed; create a new section of KRS Chapter 346 to provide that debt collection actions against crime victims, where the debt incurred is related to a recoverable claim through the board, shall cease pending action by the board and establish procedures; amend KRS 346.130 to permit the use of court records to establish the occurrence and reporting of criminal conduct and permit an award for loss of earnings or support if due to the crime and provide that the award shall be equal to net earnings at the time of the crime; amend KRS 346.140 to add donations made on behalf of a victim to the listing of offsets to be made against awards; amend KRS 532.162 to provide that if a court orders a defendant to pay restitution for criminal conduct, that reimbursement may be directed to the Crime Victims Compensation Board as appropriate; repeal KRS 346.190, relating to reciprocal agreements with other states.
5. Senate Bill 84 – AN ACT relating to persons transporting prisoners. Sen. J. Schickel Amend KRS 71.065 to authorize a county in which there in no jail and the jailer has been appointed as a transportation officer to employ additional persons with peace officer authority to assist the jailer.

6. Senate Bill 122 – AN ACT relating to reorganization. Sen. R. Palmer II Amend KRS 196.026 to create the Division of Parole and Victim Services and the Division of Substance Abuse Programming within the Department of Corrections and abolish the Division of Frankfort Career Development Center; amend KRS 439.320 to abolish the position of executive director of the Parole Board; amend KRS 196.701 and 196.702 to conform; repeal and reenact KRS 439.562 to establish the Kentucky Council for Interstate Adult Offender Supervision and define its membership and duties; amend KRS 317.420 and 317A.020, relating to the practice of barbering and cosmetology, to exclude the Department of Juvenile Justice and the Department of Corrections from those provisions; amend KRS 15.315 to add three members, ex officio, to the Kentucky Law Enforcement Council; amend KRS 15A.020 to abolish the Office of Investigations within the Justice and Public Safety Cabinet and transfer those functions to the Office of Legal Services; amend KRS 12.020 to conform; confirm Executive Order 2012-560.
7. Senate Bill 124 – AN ACT relating to city police. Sen. C. Girdler Amend KRS 95.015 to extend the jurisdiction of police in cities of the sixth class to the entire county, the same as in cities of the other classes.
8. Senate Bill 141 – AN ACT relating to domestic relations. Sen. B. Smith Create a new section of KRS Chapter 403 defining "safe child drop-off areas" and allowing the courts to require exchanges of child custody to take place in such areas.
9. Senator Concurrent Resolution 123 - Sen. D. Seum Direct the staff of the Legislative Research Commission to study the current statutory, regulatory, and procedural barriers to immediate notification of the Division of Probation and Parole when supervisees are arrested; alternative methods for notification and the associated costs of each method, including start-up and recurring costs; the necessary participation and cooperation of other appropriate agencies and the Administrative Office of the Courts in developing and implementing the notification system; report findings to the appropriate committee or committees by November 1, 2013.

10. Adjournment.

SUBJECT TO CHANGE PRIOR TO COMMITTEE HEARING

January 31 - Agenda

INTERIM JOINT COMMITTEE ON JUDICIARY AGENDA

Date: January 31, 2013

Meeting No. 1

1. Call to order and roll call
2. Child Support Update

   Judge Lucinda Masterton, Chair Kentucky Child Support Guidelines Review Commission

3. Court of Justice Update Chief Justice John D. Minton, Jr.

   Kentucky Supreme Court

4. Report of the Unified Juvenile Code Task Force

   Senator Katie Stine Representative John Tilley Co-Chairs

5. 2011 House Bill 463 Update J. Michael Brown, Secretary

   Justice and Public Safety Cabinet

   Larry Chandler, Chair Kentucky Parole Board

   Ernie Lewis, Legislative Agent Kentucky Association of Criminal Defense Lawyers

Ed Monahan, Public Advocate

             Damon Preston, Deputy Public Advocate Department of Public Advocacy

             Chris Cohron, Legislative Director Kentucky Commonwealth’s Attorneys Association

Honorable Jackie Steele, Commonwealth’s Attorney 27th Judicial Circuit (Laurel and Knox Counties)

Laurie Dudgeon, Executive Director Administrative Office of the Courts

Kentucky Association of Counties (Invited)

6. Shock Probation and DUI Involved Cases

   Representative Julie Raque Adams

7. Adjournment

February 14 - Agenda

Senate Committee on Judiciary Agenda

Meeting No. 2

DATE: Thursday February 14, 2013 

TIME: 10:00 AM

PLACE: Room 154 Annex

1. Call to order and roll call.

2. Senate Bill 15 – AN ACT relating to violent offenders.  Sen. A. Kerr

Amend KRS 439.3401 to provide that persons convicted of criminal homicide under KRS Chapter 507 shall be classified as a violent offender and subject to mandatory service of time and all applicable restrictions on parole and service credits.

3. Senate Bill 47 - AN ACT relating to DNA.  Sen. W.  Westerfield

Amend KRS 17.169 to include local law enforcement as persons authorized to collect DNA samples; amend KRS 17.170 to provide for the collection of DNA samples at arrest or initial appearance from all persons charged with a felony offense; amend KRS 17.175 to provide for expungement of DNA samples in specified circumstances and allow use of all samples collected in good faith; amend KRS 64.060 to establish a $5 payment from the State Treasury to the collecting agency for each DNA sample collected.

4. Senate Bill 49 - AN ACT relating to mechanic's liens.  Sen. C. McDaniel Amend KRS 376.010 and 376.230 to extend the time period in which a mechanic's lien must be filed when multiple contractors are involved in a project.

5. Senate Bill 93 - AN ACT relating to the Uniform Commercial Code and declaring an emergency.  Sen. J. Carpenter Amend KRS 355.4A-108, which prohibits application of Article 4A of the Uniform Commercial Code to a funds transfer governed by the federal Electronic Fund Transfer Act of 1978, to authorize application of the provisions of Article 4A of KRS Chapter 355, relating to a funds transfer, if the remittance transfer is an Electronic Fund Transfer as defined in the federal Electronic Fund Transfer Act; provide that if there is an inconsistency concerning a funds transfer between an applicable provision of Article 4A of KRS Chapter 355 and an applicable provision of the Electronic Fund Transfer Act, the provision of the Electronic Fund Transfer Act shall govern to the extent of the inconsistency; repeal, reenact, and amend 2012 Ky. Acts ch. 132, sec. 102 to correct the sections of 2012 SB 97 which take effect on July 1, 2013; repeal, reenact, and amend KRS 355.9-801 and 355.9-809 to conform; EMERGENCY. 

6. Adjournment

Week In Review - February 15

FRANKFORT – The Senate continued working hard this week passing bills addressing healthcare, the state’s debt, school safety, economic development, and the justice system. Healthcare is an issue of great concern for everyone and health insurance coverage is both difficult to obtain and expensive to keep.  Senate Bill 3 allows for a Christian medical needs sharing program to return to Kentucky after being rejected last year by the Kentucky Department of Insurance. This insurance-like program has helped hundreds of people in our state afford healthcare and even qualifies as certified coverage under the federal Affordable Healthcare Act. There are three such programs in Kentucky, and they provide an affordable alternative for many Kentuckians.

Another step was taken toward improving access to healthcare with Senate Bill 43 by making it easier for physician’s assistants to work in Kentucky.  We have many areas here that are medically underserved and these medical professionals fill a real need in our communities.  Kentucky is also the only remaining state that imposes a waiting period before PA's can begin patient care.  This bill reduces the current 18 month period to three months before eventually eliminating the waiting period altogether.

As many of you have read, Kentucky’s bond rating has been downgraded due partly to our level of bonded indebtedness of 8.4%. Senate Bill 10 limits state debt to only 6% of General Fund revenues.  This is a level generally accepted as the standard by bond rating agencies, as well as a threshold the legislature has historically attempted to operate within. We cannot continue paying off the Visa with the MasterCard.  This matter is no longer a fiscal imperative but a moral one as well. The measure excludes debt for universities, the Kentucky Housing Authority, and other agencies using funds outside the General Fund, including the stand-alone Road Fund.

School safety is of paramount concern, and thoughts on school safety have been brought into sharper focus with the shooting in Newtown, CT.  Senate Bill 8 was developed with the intent of bringing something positive from that tragedy. The bill directs school superintendents to submit school safety plans to the Kentucky Department of Education. It also requires the adoption of a school safety plan, safety drills during the first month of school, and for school diagrams to be shared with local first-responders.  These are straight-forward and low-cost measures that, while not able to completely prevent tragedy, will hopefully better prepare us.

Senate Bill 50, the industrial hemp legislation, was addressed during the Senate Agriculture Committee on Monday and passed the full Senate on Thursday. This legislation allows Kentucky to position our farmers so that once the federal government approves the cultivation of industrial hemp, they can be in the forefront of an industry that produces products for everything from cars to cosmetics to food to clothes. While I continue to educate myself on the issue and work with hemp advocates and law enforcement, this vote fulfills a commitment I made to my district.

Modern technologies have changed the way we communicate even from just a few years ago.  "Smartphone" adoption is climbing, and cellular phone service - while still not available everywhere - is skyrocketing. Traditional landline usage rates are plummeting, and there is an overwhelming desire amongst Kentuckians to expand wireless capacity and connection speeds.  Senate Bill 88 will allow for the modernization of phone-service in Kentucky making sure that the answer to “Can you hear me now?” will be a yes regardless of where you live.  The bill does not cut off landline service to existing customers, but frees up wireline providers to funnel much needed investments into their wireless infrastructure.  You can be certain I'm asking for those investments to focus on the sorely underserved areas of Todd, Logan and Christian counties.

The Senate Judiciary Committee has been active as well, passing the following bills from this week. Senate Bill 6 was filed in response to the overwhelming number of deaths resulting from heroin overdoses in Northern Kentucky. Unfortunately, this scourge seems to be spreading to the rest of the state.  The bill will increase the penalties for those dealing in heroin especially when those actions directly result in death.  Senate Bill 23 clarifies that judges can authorize review of DNA evidence after conviction. If DNA is good enough to prove guilt, then it also should be able to prove innocence. It is a matter of justice and will help affirm the integrity of the Judiciary.

I sponsored this particular legislation, Senate Concurrent Resolution 35, to reauthorize the Task Force on the Unified Juvenile Code. The bipartisan task force consisting of members from all three branches and levels of government are meeting to continue the work that was begun last summer examining the juvenile code and considering what improvements should be made to balance the needs of juveniles and public safety.

All these bills now move to the House for their consideration. If you have any questions or comments about the issues above or any other public policy issue, please call me toll-free at 1-800-372-7181 or email me by visiting the Contact page. I invite you to bookmark this site for regular updates and posts, but you can also review the Legislature's work online at www.lrc.ky.gov.

Week In Review - February 8

FRANKFORT – The Senate wrapped up the first week back passing several pieces of strong legislation that illustrate our priorities. And as next week unrolls, you will see an entire package of fiscally conservative, pro-family bills pass the chamber. Many of you have heard about the huge unfunded liability in our public pension employee system. Senate Bill 2 is step one in addressing one of the greatest public policy challenges facing our state. First, please understand that the bill makes no changes to teachers’ retirement, does not impact those currently employed or retired, and does not create a new tax on pension income of either private or public employees. What it does do is create a sustainable retirement benefit for state employees by creating a new hybrid cash-balance plan for future employees.  The legislation provides the guarantee of at least 4% return of the money put in by the worker. Further, the employee can take any funds accrued with them if they change jobs. It recommends the full funding of the actuarially-required contribution to the retirement system which will occur next year when legislators work on the state’s biennial budget. This issue must be addressed now because every dollar needed to pay for pension benefits is a dollar unavailable for another worthy purpose. SB 2 will stop the bleeding.

Everyone who knows me knows how much I am invested spiritually and intellectually in the pro-life cause. It was entirely appropriate for me and others in the Senate that we marked this, our first week back, with the passage of Senate Bills 4 and 5. Thursday was Right to Life Day in the Capital where hundreds of people of all ages came out to listen to inspiring speeches and talk to legislators about their core values. That same day, we passed legislation to provide as much information as possible to the woman considering an abortion. Senate Bill 4 requires a face-to-face meeting between a woman contemplating an abortion and her doctor 24 hours before the procedure. It is shocking to me that this type of counseling is often done through a recorded message on the phone. Senate Bill 5 directs the provider to offer the ultrasound image of the baby to a woman prior to an abortion. The viewing is not mandatory but it is informational. Ultrasounds are standard before these procedures anyway. These are commonsense bills that protect women’s health and well-being while recognizing the sanctity of life.

Finally, we heard mid-week from the Governor on his legislative priorities. I am concerned that he indicated a desire for more revenue, which in government-speak means higher taxes. I am open to hearing the different points of view but I am opposed to increasing taxes, particularly to fund the pension system when taxpayers aren't the reason the funds are in such bad shape to begin with. We need a tax code that will create jobs, not fund bureaucracies. More importantly, Frankfort must prove it can be a good steward of the resources is already has before demanding more revenue.

Next week, I’m looking forward to the passage of SB 10 which places a ceiling on the state’s debt. There is also a planned vote on SB 6, a bill that passed through my committee this week, which will stiffen penalties for heroin dealers. Finally, this week I filed SB 104 and SB 105 which eliminates project labor agreements and the prevailing wage, and would save state and local governments many millions of dollars that can be best directed toward meeting critical needs, education, cost of living adjustments, pension contributions and other services. You can always contact me, or any legislator, toll-free at 1-800-372-7181, email me here, or follow the progress of the General Assembly by bookmarking this site, or by checking out the Legislature's site at www.lrc.ky.gov .