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Sen. Westerfield and Rep. Tilley praisenew human-trafficking law signed today
Frankfort – With Gov. Beshear’s signature this morning of House Bill 3, Kentucky now has an important new tool to tackle human trafficking, state Rep. John Tilley and Sen. Whitney Westerfield said today. As co-chairmen of the General Assembly’s Judiciary Committee, they played influential roles in getting the bill passed unanimously through the House and Senate. Both said it is considered “model” legislation nationally by experts and advocates for the issue. “As we unfortunately saw just earlier this month in a Clarksville, Tenn., case having ties to Hopkinsville, this is a crime that knows no geographic bounds,” said Rep. Tilley, D-Hopkinsville, who was a sponsor of the bill. “This law, however, will go a long way in helping us to fight back while better protecting the victims.” “We’re hearing more and more stories from law enforcement about this crime, which is often referred to as ‘modern-day slavery,’” said Rep. Westerfield, R-Hopkinsville. “With this new law, it will be a lot easier for police officers and prosecutors to go after the traffickers and, hopefully, to keep others from ever coming to Kentucky. We also call on anyone who has information about this crime to report it to the proper authorities.” House Bill 3 builds on earlier law adopted in 2007. Since then, more than 100 human-trafficking victims have been identified across the state, with more than half being children and most being female, according to the Kentucky Association of Sexual Assault Programs. Under the updated law, those charged with human trafficking will now face tougher penalties, including seizure of assets used in the crime and a $10,000 fine that will go into a fund dedicated to helping human-trafficking victims. There also will also be more training to help law enforcement be better prepared in these cases. Human-trafficking victims, meanwhile, will not be charged with crimes they were forced to commit, such as prostitution. Instead, they will be eligible for state services provided by the Cabinet for Health and Human Services. “This is one of this year’s biggest laws, and I’m proud I could play a role,” Rep. Tilley said. “I want to thank Sen. Westerfield for his work as well, because he was key to its passage in the Senate.” Sen. Westerfield said the work on this legislation “shows just what can happen when we work together in a bipartisan way. I’m proud to see it become law and stand ready to do more if we need to.”
FRANKFORT – We are a half-way through the 30-day session and while many of our priority bills have meandered their way to the House to await action there, the Senate continues working on several outstanding issues.
The Senate passed House Bill 7, a bill authorizing university bonding projects. Universities will use their own bonds at no cost to Kentucky’s General Fund to renovate or build 11 critically-needed buildings. Murray State, for example, laid out plans for renovations of Hester College and College Courts as well as upgrades to existing infrastructure. These creative building proposals not only enhance the quality of higher education in our state but also will be providing needed construction jobs. I congratulate the universities for defining a specific project list and developing a business plan with a dedicated revenue stream. It is the right approach especially after the Senate added language that these projects could not be subsidized with tuition increases. Incidentally, HB7 was the first bill to pass both chambers.
The Senate also passed bills directed at gifted students as well as those who are struggling in the traditional academic environment. Senate Bill 109 which allows high-school students who are taking Advanced Placement or similar certified college credit classes to access their KEES funds early in order to pay for them. Senate Bill 97 allows local school districts to adopt a policy requiring students to stay in school until age 18, or graduation whichever comes first, with the understanding that they would have to offer an approved alternative education program that would help meet the needs of students most likely to drop out. Local districts are best equipped to understand what kind of supports they have or can offer and that decision should not belong to a Frankfort bureaucrat. With this bill, educators are better prepared and the needs of at-risk students can be met outside the traditional educational process.
Senate Bill 39 and Senate Bill 40 both passed the Senate. SB 39 states that any expansion of Medicaid eligibility under President Obama’s Affordable Care Act must be approved by the General Assembly. Similarly, SB 40 directs that the General Assembly must approve any state-run health benefit exchanges under the Affordable Care Act. I believe that policies that have such state-wide impact and are attached to such great costs should simply not be decided by one individual without the benefit of open, transparent debate. While I have my own feelings about the value of expanding government services without having a way to pay for them, this is not about me or my opinion. This is about giving true deliberation to policies that will dramatically affect how your government operates and costs and including as many people as possible in that decision. The Governor was never supposed to have a blank check to do with what he wants.
The Senate also focused on other areas. One of my bills passed, Senate Bill 128. This legislation will make it easier for veterans to be assigned veteran designation on their operator's license or state-issued ID card. Our military men and women have sacrificed much for us and there’s no reason to burden them with additional bureaucracy.
Senate Bill 6 passed 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 allows dealers of highly-addictive Schedule I drugs such as heroin, meth, and cocaine to be charged with criminal homicide in the event of a drug-overdose death, even if they didn’t sell the drug directly to the deceased. Increasing access to non-emergency medical transportation for our most vulnerable is the intent of Senate Bill 112. This bill will increase competition among providers which hopefully will bring the costs down for those who need the service. It would also represent a significant savings to tax-payers to coordinate transportation as well because Medicaid dollars are used.
Finally, much to relief of state employees across Kentucky, the infamous Senate Bill 144 was killed by its own sponsor earlier this week. Unfortunately, the debate over pension reform continues to unfold. While the Senate has passed SB2 (33-5), an important first step in righting the ship, the bill has stalled in the House of Representatives while some in the lower chamber consider "revenue" measures to cover it. The refrain I continue to repeat is simple: taxpayers shouldn't shoulder the burden for repairing a system their decisions didn't run into the ground in the first place. Frankfort must first demonstrate good stewardship of the money it already has.
Even though time is running out on this session, time is never running out on you voicing your opinion. There are several ways to contact me: my toll-free number is 1-800-372-7181, bookmark this site, email me here, and online the work of the Legislature can be accessed via www.lrc.ky.gov.
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.
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 .