Kentucky Association of Counties

KENTUCKY ASSOCIATION OF COUNTIES LEGISLATIVE COMMITTEE MEETING Tuesday August 20, 2013

The Kentucky Association of Counties (KACo) Legislative Committee met Tuesday, August 20, 2013, at 400 Englewood Drive, Frankfort, Kentucky.

Affiliate Membership present:

Jerry “Peanuts” Gaines, Warren County Sheriff; Chair, KACo Legislative Committee Kentucky Magistrates & Commissioners Association (KMCA): Richard Tanner, Executive Director; Sam Crawford, Lobbyist Kentucky County Judge/Executive Association: Vince Lang, Executive Director Kentucky County Clerks Association: William May, Executive Director Kentucky Circuit Court Clerks Association: David Nicholson, Jefferson Circuit Court Clerk Kentucky Coroners Association: John Goble, Scott County Coroner Kentucky PVA Association: Mack Bushart, Executive Director Kentucky Jailers Association: Mike Simpson, President, Oldham County Jailer Kentucky Sheriff’s Association: Jerry Wagner, Executive Director Kentucky County Attorneys Association: Bill Patrick, Executive Director Kentucky Commonwealth’s Attorneys: Chris Cohron, Legislative Chair

Others present: Sara Massey, Louisville Metro Government; James Higdon, Associate, McBrayer, McGinnis, Leslie & Kirkland law firm; Jeff Earlywine, County Administrator, Boone County; Hon. Steve Pendery, County Judge/Executive, Campbell County; Hon. Tommy Turner, LaRue County Judge/Executive, KACo President; Randy Stevens, Kentucky Council of Area Development Districts.

KACo staff present: Denny Nunnelley, Executive Director; Brian Roy, Deputy Director; Shellie Hampton, Director of Governmental Relations; Roger Recktenwald, Director of Research & Planning; Tim Sturgill, General Counsel; Rich Ornstein, Staff Attorney; Larry Crigler, Litigation Manager; Ellen Williams, KACo Contract Lobbyist; J.C. Young, Assistant Director, Member Services; and Vicki Pettus, Legislative & Research Assistant.

With former Chair Tommy Turner assisting in the transition to the new Chair, Jerry “Peanuts” Gaines, the meeting was called to order at 10:06 a.m. The roll was called and, with a quorum being present, the committee was duly constituted to conduct business.

OLD BUSINESS:

A. Approval of Minutes

Motion made by Vince Lang, seconded by Mack Bushart, to approve the minutes of the March 4, 2013, meeting as presented. Motion carried.

August 20, 2013 Minutes Page 2 B. Updates/corrections to Legislative Committee membership list

All members were asked to look over the listing sent to them by email, and send any updates or corrections to Vicki Pettus.

C. Update on Special Purpose Governmental Entities (Special Districts) Law

Shellie Hampton reported that the Department for Local Government (DLG) is on schedule for filing E- Regulations September 1, 2013. A letter from DLG went out on 8/19/13 to all counties, updating them on the new requirements for special purpose governmental entities and on training which will be offered soon through each Area Development District.

NEW BUSINESS:

A. Report on Legislative Interim

Shellie Hampton gave a report on several issues that were addressed during the legislative interim:

1. ABC changes: A handout of the changes in Kentucky’s alcohol laws (Senate Bill 13) was given to Legislative Committee members. There will be an ABC Summit, August 21-22 in Louisville. 2. Medicaid Coverage for Inmates: Federal legislation known as the “Affordable Care Act” has a provision expanding Medicaid and, as of January 1, 2014, to include previously excluded adult males – including those incarcerated. Some county representatives met with the Kentucky Department for Medicaid Services to learn more about enrollment of and coverage for males in county jails. The caveat with this expanded coverage: it only applies if the inmate has been hospitalized more than 24 hours. That means the first 23 hours 59 minutes will remain the county’s responsibility. We will have to clearly reiterate the need for continued full funding of the inmate catastrophic medical coverage in the state budget next session. 3. E911: KACo and the KY League of Cities are working on a bill draft to present to Rep. Martha J. King and Sen. Paul Hornback. The amount of the proposed increase in the monthly wireless fee is still being debated. 4. P3 – Public Private Partnerships: The Kentucky Chamber of Commerce unveiled this 2014 initiative earlier in the summer. It would broaden the scope of involvement by the private sector in public works. These partnerships could be used for many county services, but among the issues of concern is the matter of government oversight to assure that profits do not outweigh public good. 5. LIFT: (Local Investments for Transformation) is a constitutional amendment initiative to allow passage through voter referendum of a temporary local options sales tax. LIFT will be the focus of the annual Leadership Louisville luncheon on August 29th. Thirty-seven other states already allow local option sales tax. 6. Occupational Tax: This is a very divisive issue and one being discussed with the KY League of Cities. 7. Redistricting: the various proposals being considered during this week’s special session from both chambers were shown and discussed.

August 20, 2013 Minutes Page 3 B. Affiliate Priorities for Upcoming 2014 Session

Some of the potential affiliate priorities for the upcoming 2014 session include:

 Budget. Budget. Budget.  Qualification testing for Clerks and for County Judge/Executives  Constables  Juvenile Code Task Force (reduction of status offenders in county jails)  Increase election reimbursement rate for precincts  Increase the annual telecommunication hold to harmless amount, joining KLC in lawsuit  Libraries (Board members approved by Fiscal Courts)  Bluegrass Pipeline (limiting the power of eminent domain for private companies)  LIFT  Equitable allocation of beds (across county lines) for nursing homes and drug rehab centers  DNA testing upon arrest  Truth in sentencing  The growing heroin problem throughout the state  Opposition to a Correctional Officers’ Bill of Rights  Jail bed allotment funding continuity  HB 463 (assuring that any subsequent changes to the law do not weaken its effectiveness)

Legislative Committee members were asked to review and/or hold meetings with their respective organizations to refine their lists of priorities, and email them to KACo for compilation. These issues will be further discussed at the next Legislative Committee meeting.

C. Other 2014 Session Topics

Richard Tanner brought up the issue of the coal severance tax, which needs to stay in place.

OTHER BUSINESS:

Mike Simpson reported that Rene Craddock is still on maternity leave; both she and her one- month-old son, Clay, are doing well.

Richard Tanner has announced that he will be resigning from his current position with KMCA at the end of the year; however, he intends to stay active with legislative issues affecting KMCA’s constituents.

The annual KACo Conference will be held November 20-22 in Louisville. There are tentative plans to hold a KACo Legislative Committee meeting during the conference. This will be discussed in more detail at the next Legislative Committee meeting.

The next meeting of the Legislative Committee is scheduled for Tuesday, October 29, at 10:00 a.m.

August 20, 2013 Minutes Page 4 A motion was made by Richard Tanner, and seconded by Mack Bushart, to adjourn the meeting at 11:30 a.m. Motion carried.

Minutes taken by: ______Vicki M. Pettus

______Chairman Jerry “Peanuts” Gaines

______Date Approved