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Legislative Update: April 22, 2010 report

Legislature Adjourns 2010 session without budget agreement
setting the stage for extraordinary session


Rep. Bam Carney
KY-51 Adair and Taylor Counties, KY

When the General Assembly arrived in Frankfort three months ago, it was expected that we would pass numerous key pieces of legislation. I am proud to say that goal was mostly accomplished and some of those bills will have a positive impact on various segments of our Commonwealth. Yet, the story of the 2010 Regular Session does not end there.



Legislature was expected to pass a budget

Foremost, we were expected to pass a budget - a budget to guide our Commonwealth through the storm in these bleak economic times. Unfortunately, there is a lot of finger pointing going around as to who is to blame, but focusing on that will not solve the problem. Some members proposed a freeze on the Net Operating Loss Tax for many businesses over the next two years. This was a move that I and other members believed to be harmful to the business industry and would hinder job growth or contribute to the loss of more jobs, thus slowing down our economic recovery. There were some other things that began to divide some members on the budget. Nevertheless, I remain very hopeful that my colleagues and I will reach a budget agreement soon. I understand the frustration of the taxpayers because the Extraordinary Session will cost about $64,000 a day. I pledge to split my salary from this Special Session that the Governor is likely to call between the Senior Citizens Centers in Adair and Taylor Counties.

Final effort to pass continuation budget

In the final hours of session, House Majority Leadership put forth a final effort to pass a continuation budget. Even overlooking the disputed constitutionality of this measure, this plan left too many unanswered questions regarding the Governor's authority to spend federal funds. Another problem with a proposed continuation budget was that it would keep funding levels for most programs at the current level. While this sounds good for the next nine months, it would cause a huge problem down the road. This approach wouldn't start to address the $1.2 billion deficit we face for the next two years. If we put all the cuts off until the final year of the budget, then we could face cuts from six to seven percent across the board for state agencies. I couldn't agree with this plan. For these reasons, I voted against the continuation budget. This budget proposal passed the House by a vote of 63-34 with three members not voting. However, the measure was quickly killed because! the Senate never took up the new proposal. I am committed to placing the discontent behind us so we can work together in a bi-partisan manner to do what is best for you, the citizens we serve.

Compromise did not materialize

Even though a budget compromise did not materialize, other conference committees were able to reach a consensus. Two bills I mentioned in last week's column were finalized through these conferences and approved in both chambers.

Amanda's Law finalized
The free conference committee report on House Bill 1, intended to protect domestic violence victims, was given final passage in the House by a vote of 100-0 and is now headed to the Governor for his signature into law. "Amanda's Law," as it will be entitled in statute, permits judges to order electronic monitoring of the accused in domestic violence cases if certain protective order offensives occur. These devices will have the capability to alert both the victims and police if the accused violates a restraining order. To provide more clarity for judges in ordering an abuser to wear the monitoring device, the legislation provides a list of offenses that could prompt such a ruling. Judges will also have the ability to jail or impose other punishments for the violation of a domestic violence order.

Senate Bill 4 clearly defines organ donation

Senate Bill 4 was sent to the Governor's desk and ensures Kentucky's organ donation plans will be clearly defined for prospective donors and their families. This legislation, which mirrors the actions taken in 40 other states, will provide definition to the organ donation process and establish a specific opt-out provision for those who do not wish to donate their organs after death.

We also approved other important pieces of legislation which, despite being overshadowed at times by budget negotiations, are vital in the protection and wellbeing of our citizens.Pediatric Abuse bill passes

Legislation aimed to curtail the incidence of Shaken Baby Syndrome, or Pediatric Abusive Head Trauma (PAHT) was given unanimous final approval. House Bill 285 will set forth an all-encompassing awareness campaign to increase education and, possibly, the prevention of PAHT. Numerous groups, such as prospective adoptive parents, will be required to complete training in the dynamics of PAHT and the Department of Corrections will make available PAHT prevention courses to educate inmates on methods to ease the calming of infants and demonstrate the physical effects of shaking an infant.

SB 107 makes Salvia divinorum use misdemeanor

Senate Bill 107 cleared its last legislative hurdle by a vote of 97-1. Salvia divinorum, a species of plant commonly known as salvia, can be dried and smoked and the plant leaves can be used to produce a "high." Individuals found guilty of possessing any form of the substance will be charged with a Class B misdemeanor, while growing salvia plants or manufacturing the drug would be a Class A misdemeanor. Traffickers will be charged with a Class B misdemeanor if the substance is under 8 ounces or a Class A misdemeanor if it weighs more than 8 ounces.

SB 17 makes it felony for guards to have sex with prisoners

The General Assembly saw a number of bills fail in these last two days, but we also had the opportunity to see the Governor give his signature to other important measures. These include Senate Bill 17, legislation that will punish corrections officials with felony charges for having sexual relations with prisoners; House Bill 199, which allows veterans an unlimited number of service-related license plates; House Bill 415, a measure banning texting for all drivers and cell phone use for drivers under 18; and House Bill 160, a bill that will ease the transfer of credits from a two-year institutions to the state's four-year public universities.

Please know that every vote I make is cast with your best interests in mind and with the ultimate goal of improving our Commonwealth. With the Governor still having veto power on bills sent to him in the last two days, I will update you on the bills that have been signed into law. In the meantime, please do not hesitate to contact me if I can provide additional information on our work. I can be reached at home or through the toll-free message line at 1-800-372-7181. If you have internet access, I invite you to e-mail me at john.carney@lrc.ky.gov.


This story was posted on 2010-04-22 16:24:47
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