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Week In Review - February 1

FRANKFORT— In anticipation of continuing the Regular Session next week, I spent several productive days reviewing legislation and preparing for the issues that lie ahead. During this three week break, I have held several meetings across the district and in Frankfort with a wide range of people from advocates against domestic violence to the Chief Justice of the Kentucky Supreme Court, John D. Minton, Jr. The highlight this week was my first Interim Joint Judiciary Committee meeting, alongside my friend and colleague, Rep. John Tilley.  The meeting was productive, as we heard testimony from Budget and Justice officials on the criminal justice reforms approved by Kentucky lawmakers in 2011 with HB 463, with a particular focus on whether those reforms are having the intended results: Is the Commonwealth saving money from skyrocketing correctional costs?  Are criminal actions being adjudicated properly?  According to the speakers, the early numbers seem to indicate positive results, with savings in the neighborhood of $35 million or more since the legislation took effect in 2011, and with recidivism rates dropping with successful monitored court release.

All provisions found in HB 463 are projected by the Office of the State Budget Director to save the state $422 million over 10 years. Other savings are projected to come from reduced recidivism such as, use of citations rather than arrests for low-level misdemeanor offenders, and increased use of substance abuse treatment paid for by reinvestment of savings from reduced incarceration costs, among other things, according to reports on the legislation.  While these early reports seem positive, I will be following the numbers closely over this calendar year to confirm the progress continues, and to be sure that we are still providing for the security of the citizens of the Commonwealth.

I have also starting setting up the agendas for the Senate Judiciary meetings over the next month, where I expect to discuss SB 23, Sen. John Schickel’s post-conviction DNA bill, which will allow certain convicted felons to apply for DNA testing to establish innocence, and at little to no cost to the taxpayer; SB 27, by Sen. Tom Buford, which reduces the period of real property redemption from 1 year to 6 months, helping the sale of real estate in Kentucky, and SB 47, my first bill, allowing for DNA samples to be taken upon a felony arrest.  SB 47 mirrors a bill filed in the House by Rep. Marzian, and is inspired by the tragic death of Katie Sepich, a young woman from New Mexico who was killed in 2003, but whose killer was convicted through the use of DNA evidence.

I have a bill ready to file before next week’s filing deadline to repeal the prevailing wage in Kentucky, which would free up millions of dollars for use to remedy the state’s pension debt or give teachers and many other state employees a long-overdue cost of living salary adjustment.

I look forward to next week when we will be confronting these difficult challenges on the Senate floor and hearing from the Governor during his State of the Commonwealth address. Please feel free to call me toll-free at 800-372-7181, or email me here, with any questions, concerns, or comments.  Bookmark this site or visit the General Assembly's site at www.lrc.ky.gov, to see regular updates about the work underway in Frankfort.

The Lacy Ledger

20130117-203448.jpg I had the opportunity to be interviewed by a young lady, and fellow Lacy Wildcat, this morning for a column in the Lacy Ledger, a publication put together by the students of Lacy School in a partnership with the Kentucky New Era.

Ms. Emily had some fantastic questions about the legislative process, my legislative priorities, what politician I'd most like to meet and what my political ambitions are. She was clearly prepared!

Thank you, Emily, and Lacy School, for the chance to talk about this great job I'm blessed to have!

Week 1

FRANKFORT – As I write to you, I am wrapping up the first week of the 2013 General Assembly Session, 26 more days to go. Now, since this is a “short” session, when we adjourn Friday, we will not meet again until February 5th. The time is used to get new members, committee chairman, and newly-elected Leadership acclimated and everyone back up to speed.

The Senate President announced Senate Bill 1 which is aimed to making it easier for deployed military to vote. It has not been filed yet since staff is working to ensure that the process for this is as secure as possible. I want to do whatever I can to protect the right to vote of our troops abroad but I also want to ensure that the mechanism is as confidential as it should be. I will be the primary co-sponsor of this bill.

I myself filed Senate Bill 47, my first bill, that allows for law-enforcement to collect a DNA sample upon a felony arrest. The current law already requires a DNA sample be taken upon a felony conviction, but this new bill would assist in resolving unsolved crimes. Individuals who are arrested, and from whom a sample is taken, may petition that the DNA record be removed should the underlying offense be dismissed or result in an acquittal. Sen. Mitch McConnell (R-Ky) passed a bill in the Senate, on January 1, known as Katie's Law, providing for funding for the implementation of bills like mine.

As chairman of the Judiciary Committee, I have already been involved in various meetings with my staff as well as experts on the Legislative Research Committee. I have also been studying various issues that will be coming up including adjustments to HB1 (the "pill mill bill"), Human Trafficking and synthetic drugs to name a few.

I want to keep you as informed as possible. Your input is not only valued and appreciated, it’s genuinely needed.  I encourage you to follow the issues and always welcome your comments and questions.  There are many ways you can stay in touch with the General Assembly.

The Kentucky Legislature Home Page, www.lrc.ky.gov, provides information on each of the Commonwealth’s senators and representatives, including our phone numbers, addressees, and committee assignments.  The site also provides a bill tracking service, and committee meeting schedules.

By going to our eNews page, www.lrc.ky.gov/pubinfo/listserv.htm, you 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, that will allow you to receive legislative updates at your leisure.

You can also follow legislative action in the following ways:

  • A taped message containing information on legislative committee meetings is updated daily at 1-800-633-9650.
  • To check the status of a bill, you may call the toll-free Bill Status Line at 1-866-840-2835.
  • 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 1-800-896-0305.
  • You may write me by sending a letter to: Capitol Annex, 702 Capitol Avenue, Suite 214, Frankfort, Kentucky 40601.

2013 Regular Session Overview

FOR IMMEDIATE RELEASE January 4, 2013

Senator Whitney Westerfield: 2013 Session Overview

FRANKFORT – Greetings and best wishes for a new year! I hope everyone had a good holiday. This is the first in a series of informational columns of what’s happening in Frankfort that I hope you will find useful. It is my intent to write you on a weekly basis as we go through my first General Assembly session together.

A new year marks a new season in your state capital. On Tuesday, January 8th, the Senate convened for the 2013 General Assembly Session, a session that will last 30 days. The first week is traditionally an “organizational” week in which the respective caucuses choose their leaders and committee assignments are disbursed to members.

I am pleased to take the reins of the Judiciary Committee as chairman, a true honor for a freshman legislator. I will also be serving as the Vice-Chair of the Veterans, Military Affairs, and Public Protection Committee. I will be a member of the Agriculture Committee, the Capital Planning Advisory Board, the Natural Resources and Energy Committee, the Tobacco Settlement Agreement Fund Oversight Committee, and the Transportation Committee. I am excited and eager to contribute my efforts to each one of these.

While the 2013 Session is technically a “short” one, it surely is not one that will be short on issues. While odd-year sessions are not typically budget years, there are several issues that could affect budget-planning. First and foremost is the issue of public employee pension reform. Many of you are aware that the public employee pension system has about a $33 billion unfunded liability. (Please note that teachers’ retirement is entirely different and these discussions do not apply to it.) Over the summer, a task force formed to offer recommendations heard from a diverse group of advocates and experts such as state employees, business groups, and the Pew Center. One of the principle recommendations is to fully fund the actuarial recommended contribution. Indubitably, tough decisions are ahead. What is clear, though, is that the system is in dire need of reform because the retirement system will end up consuming more and more tax dollars straining the budgets of other tax-payer needs such as education and human services.

The Governor has tried to link pension reform with his task force on tax reform. Recently, this group recommended raising both household and business utility rates, raising the cigarette tax, taxing retiree pensions, and eliminating certain deductions among other suggestions. First of all, let me be clear, I just don’t see much sentiment in the Senate for raising taxes. No one has made the case to me that raising taxes will spur the economy and surely we would want a tax policy that grows jobs and expands the economy. More people employed and paying taxes is certainly better than less. As a revenue measure, these types of bills must start in the House of Representatives. As your senator, however, I intend to be very vocal about protecting your hard-earned income.

Another challenge facing the Commonwealth is the Governor’s implementation of Medicaid managed care which, unfortunately, has been less than ideal from the start. Even this early, I have heard many complaints about denial of care to patients and delayed payments doctors and hospitals. Medicaid provides a valuable service to over 800,000 Kentuckians and it is a huge cost driver to the state budget. My goal is to make sure every tax dollar used to fund Medicaid is used effectively.

Education and ensuring our children are work- and career-ready remains a priority for me. Rewarding students who push themselves to take Advanced Placement classes and the teachers who teach them has been on the Senate agenda. It is likely that you will see another push in this area as well as a bill making it easier for students to graduate high school early too. We will also continue to monitor the implementation of a Senate proposal (SB 1 - 2009) that makes Kentucky a national leader using common-core standards and fair teacher evaluations. I will also carefully evaluate any school safety proposals considered during the next session.

There will be plenty of other topics, of course. Pro-life legislation is extremely important as we strive to protect the unborn, financial transparency of special taxing districts, and the impact of Obamacare on Kentucky (since the Governor has already authorized a state healthcare exchange) will all be addressed in some form.

I hope this provides you with a sense of the upcoming session. I am sure other bills will pop up that I have not mentioned and I will do my best to keep you informed. In the meantime, if I can be of any assistance or you have any questions, concerns, or comments, please call me toll-free at 1-800-372-7181 or visit back here for regular weekly legislative updates to learn more about our work.

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Westerfield Appointed Judiciary Committee Chair

FOR IMMEDIATE RELEASE December 7, 2012

Westerfield Appointed Chairman of the Senate Judiciary Committee 

FRANKFORT The Leadership of the Senate Majority has appointed Senator-Elect Whitney Westerfield (R-Hopkinsville) Chairman of the Senate Judiciary Committee. As chairman of a committee, Sen-elect Westerfield will decide in what order bills are considered and who will be invited to speak on behalf of issues in front of the committee.

Westerfield stated, “As a freshman senator, I am humbled and delighted to take the reins of such a high-profile committee. The people of my counties now have a chair at the table as part of the majority.”

The Judiciary Committee is charged with overseeing matters pertaining to contracts; the Uniform Commercial Code; debtor-creditor relations; ownership and conveyance of property; private corporations and associations; competency proceedings; administration of trusts and estates of persons under disability; descent, wills, and administration of decedent's estates; domestic relations; adoption; abortion; support of dependents; statutory actions and limitations; eminent domain; arbitration; summary proceedings; declaratory judgments; witnesses evidence; legal notices; construction of statutes; civil procedure; the Supreme Court, the Court of Appeals, Circuit Courts, and District Courts; jurisdiction, rule, terms, judges, commissioners, selections, districts, qualifications, compensations, and retirement; clerk of court; juries; attorneys; commissioners and receivers; court reporters; habeas corpus; crimes and punishments; controlled substances offenses; driving under the influence; criminal procedure; probation and parole; correctional penitentiaries and private prisons; civil rights; and juvenile matters.

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