LEGISLATIVE REPORT FOR WEEK ENDING MARCH 13 THE BIG NEWS – COVID-19ALTERS LEGISLATIVE SCHEDULE Concerns over COVID-19 has postponed but not cancelled legislative days in Frankfort. Lawmakers did not meet Friday and are not scheduled to meet Monday, but plan to reconvene on Tuesday. Leadership from House and Senate leaders from both parties said in a statement issued Friday that not convening for two days will not change the number of legislative days. There have been no confirmed cases of the coronavirus in at the Capitol, but signs of concern are evident in Frankfort. Gov. took precautionary measures including removing half of the chairs in committee rooms and closing tables in the annex cafeteria to prevent large groups congregating and potentially accelerating the spread of the virus. As in your communities, this is an evolving situation and we will keep you update on any major COVID-19 decisions coming out of Frankfort. Other state government/COVID-19 developments: • DOCJT has cancelled graduation ceremonies scheduled for this week. • DOCJT is also changing the start date for Basic Training Academy class 514 to May 10 and Public Safety Dispatch Class 132 to May 3. Also, all in-service classes will be cancelled until April 5. Adjustments will be made to the training schedule to accommodate the affected officers later tin the year. • The Certified Court Security Officer class 73 will also be rescheduled. • The state has launched a website to provide COVID-19 updates and information. • The International Association of Chiefs of Police (IACP) has launched a centralized clearinghouse of resources related to COVID-19

KEY LEGISLATION UPDATE KACP's Frankfort team continued to work SB226, meeting with the sponsor of the legislation, Sen. , R-Richmond, as well as with other key legislators including: Sen. , R-Wilder, chairman of the Senate State and Local Government Committee, which would hear the bill; and Sen. Chris McDaniel, R-Taylor Mill, who chairs the Senate Appropriations & Revenue Committee, also known as the budget committee; and Sen. Danny Carroll, R-Paducah, a retired law enforcement officer who is typically a strong supporter of KACP's legislative agenda. The bill may be heard this week in committee. KLC is helping push the bill. KLEFPF funding. As some of you are aware, the $600 annual KLEFPF stipend increase that Gov. Beshear included in the executive branch version of the state's two-year budget was stripped from the budget the House of Representatives approved last week. KACP's Frankfort team is engaging members of the Senate about the possibility of placing some or all the proposed increase in the Senate budget. We will let KACP members know when outreach to Senate members is necessary. HB322 asset forfeiture: The bill - largely thanks to the efforts of KACP, KSA and other law enforcement agencies – been recommitted to the House Appropriations & Revenue Committee, which this late in the session is a sign that the bill has been sent there to die. SB74 DUI bill. Sponsored by Rep. Whitney Westerfield, R-Hopkinsville, the bill failed to garner enough support last week to be voted out of the House Judiciary Committee. However, the legislation may be recalled by the Committee prior to the end of the session. The bill would allow judges to issue search warrants for a motorist’s blood or urine in DUI cases that do not involve a death or serious injury, which is the current requirement. Being pushed by KY County Attorney's Assoc. Passed Senate 31-4. Support HB484 KERS/CERS separation: KLC is making a major push for support of the bill, which would separate the KERS and CERS public retirement systems. Learn more about the bill here. Support. KACP has issued the following legislative alert regarding HB484:

The House passed House Bill 484 on Tuesday, but the #freeCERS fight is far from over. The Senate received the bill on Wednesday, but it has not been assigned to a committee. With a limited number of days left in the session and the concerns created by COVID-19, we need your help to advocate for HB 484 now to ensure its passage before the session ends!

Please contact your senator(s) and urge him or her to SUPPORT HB 484 and push for it to be heard in committee.

House Bill 484 removes politics from the management of the County Employees Retirement System (CERS) and provides stability. The legislation creates a CERS Board of Trustees to manage investment decisions, actuarial data, auditing and asset allocations for the local pension system. The Kentucky Retirement Systems (KRS) Board of Trustees would make the same decisions for the Kentucky Employees Retirement System (KERS) and the State Police Retirement System (SPRS).

Here is what your senator(s) needs to know:

• HB 484 Removes Political Influence — Currently, a governor can reorganize the KRS Board of Trustees at any time. That happened in 2016, just three years after the legislature passed a bill to fix the unfair representation CERS had on the KRS Board of Trustees. Governor Bevin reorganized the board, reducing CERS representation from 54% to the current 35%. Simply adding more CERS seats to the current KRS Board does not stop such reorganization from happening again. HB 484 prohibits a governor from abolishing, reorganizing or replacing the board. • HB 484 does not impact benefits or the inviolable contract – Any future changes to CERS, KERS and SPRS would have to be addressed through future legislation just as currently required. This legislation only addresses board structures and the general administrative structure. • House Bill 484 Maintains One Administrative Structure — the Kentucky Public Pensions Authority (KPPA) would hire one actuary for KRS and CERS. Current KRS employees would transition to KPPA. • House Bill 484 Maintains Legislative Oversight of the Pension Systems — CERS would report its actuarial valuation, employer contribution rates, assumptions and trends to the Public Pensions Oversight Board by December 31, allowing time for a legislative correction. • HB 484 Allows KRS to Focus on Needs of KERS and SPRS — Establishing a CERS Board of Trustees and KRS Board of Trustees eliminates the potential for a conflict of fiduciary duties. It allows the KRS Board to devote its attention and expertise to the state pension systems, which have the greatest need. • Implementation Costs of HB 484 Will be Negated by Administrative Savings — KRS administrative expenses have increased 245% since 2000. CERS pays 64% of those costs since it is 64% of the membership. Provisions in HB 484 help control expenses by requiring PPOB to review KPPA expenses every four years and stating that trustees shall operate the systems in a cost-effective manner. • HB 484 Does NOT Create Three Separate Boards — Current trustees elected by members would transition to the new boards, and six gubernatorial appointees on the KRS Board would remain. KRS and CERS trustees would form the joint KPPA, an authority like committees currently within KRS. • HB 484 Allows for Local Control of the Local Pension System — CERS is 76% of the pension assets KRS manage and 64% of its membership, yet it only has 35% representation on the KRS Board of Trustees, and there are no CERS representatives on the KRS Investment Committee.

I am asking you to contact your senator(s) and ask him or her to SUPPORT HB 484 and ask that they push for the bill to be heard in committee!

Call 1-800-372-7181 and leave your senator(s) a message.

Contact your senator(s) on social media, and use #freeCERS.

Send your senator(s) an email.

Contact your senator(s) on a phone number he or she provided to you.

You can see who your senator(s) is here.

LEIGISLATION KACP TRACKING HB 76: Keeping firearms from domestic violence offenders Sponsored by Rep. Nima Kulkarni, D-Louisville. The bill would require people who are subject of protective orders or convicted of certain domestic violence crimes from possessing a firearm. Assigned to House Judiciary Committee. Under consideration. HB89: Hazardous duty employment cleanup bill Sponsored by Rep. Jerry Tipton, R-Taylorsville. The bill stipulates that a regular full-time hazardous duty officer participating in KERS or CERS and is also employed in a nonhazardous position that is not considered full-time will participate in the retirement system solely as a hazardous duty member. Passed House, awaiting action in Senate State & Local Government Committee. Support HB136: Medical marijuana Sponsored by Rep. Jason Nemes, R-Louisville, the bill passed the House 65-30. Assigned to House Judiciary Committee, but the bill appears in trouble. HB137: Sports wagering Sponsored by Rep. Adam Koenig, R-Erlanger, would legalize sports betting and regulate online poker and fantasy sports operations in Kentucky. Unanimously passed House Licensing, Occupations and Administrative Regulations Committee. Awaiting action on House floor. Note: 18 floor amendments have been filed to the bill. Support. HB208: Restores funding to Kentucky’s 911 call centers Filed by Rep. Rob Rothenburger, R-Shelbyville. The statute governing collection of 911 fees on behalf of wireless Lifeline subscribers was created in 2016 through the passage legislation with broad bipartisan support. HB208 remedies an attempted federal preemption of Kentucky law by closing a potential loophole. It would restore more than $1 million in funding to local 911 centers. The bill has passed the House and Senate, but due to the passage of a floor amendment, the bill is now back in the House for concurrence and is on the calendar for Tuesday. Support

HB240: Expand KLEC Sponsored by Rep. Rob Rothenburger, R-Shelbyville. As originally filed, the bill would have added the president of the KY Chapter of the Association of Public Safety Communications Officials and the president of the KY Chapter of the National Emergency Number Association to the Ky Law Enforcement Council (KLEC). The sponsor filed a floor amendment last week that would add the presidents as non-voting members. Passed House 88-4, assigned to Senate Veterans, Military Affairs & Public Protection Committee. Oppose.

HB253: Fatal traffic accident investigations Sponsored by Rep. Daniel Elliott, R-Danville. Would require local law enforcement to investigate all traffic accidents involving a fatality that occur on state-maintained highways. After meeting with KACP, Rep. Elliott amended the bill with a key change; if a law enforcement agency does not have an accident reconstruction unit or does not have a working agreement with another law enforcement agency to perform the investigations, the accident shall be investigated by KSP. This change was requested departments that perform their own investigations or have an agreement with another agency to perform the investigations. Passed House 91-0, assigned to Senate Transportation Committee. Under consideration HB271: Line of duty death benefits Sponsored by Rep. John Blanton, R-Salyersville. Bill would remove the provisions that reduce line of duty or duty-related death benefits upon remarriage. Passed House, assigned to Senate State & Local Government Committee. Support HB298 Vehicle pursuits Sponsored by Rep. James Tipton, the vehicle pursuit - which was significantly changed after suggestions from KACP, KSA and other law enforcement - has passed the House 84-8 and is awaiting action in the Senate State & Local Government Committee. Support HB 343: KLEFPF funding

Sponsored by Rep. Melinda Gibbons Prunty, R-Greenville, would allow members of joint task forces who do not receive KLEFPF funding to receive the annual training stipend. Passed out of Veterans, Military Affairs and Public Protection Committee and awaiting action in the House. Under consideration

HB384: Constable powers Once again, this session Rep. Adam Koenig, R-Erlanger, has filed legislation – heavily pushed by KLC – that removes the peace officer powers of untrained constables. The bill has bipartisan support. House Democratic Floor Leader Judy Jenkins, D-Louisville, is a co-sponsor. Continues to await action in House Local Government Committee. Support HB412: Duty-related disability benefits Sponsored by two retired KSP troopers - Rep. John Blanton, R-Salyersville, and Rep. Sal Santoro, R-Florence – the bill would increase total and permanent in line of duty or duty-related disability payments. Awaiting action by the full House. Support HB424: Felony threshold raised Sponsored by Rep. Ed Massey, R-Hebron, the bill would raise the threshold of Class D felony theft and fraud from over $100 to $500 to over $1,000. Amounts under $1,000 would now be a misdemeanor, though a person would be charged with a felony if they commit their third offense within a five-year period. Passed House 73-17, awaiting committee assignment in the Senate. Under consideration HB460: Custodial interrogations by law enforcement Sponsored by Rep. Rob Wiederstein, D-Henderson, the bill would define terms related to the electronic recording of custodial interrogations. Awaiting action in House Judiciary Committee. Oppose HB473: Special law enforcement officers Sponsored by Rep. Deanna Frazier, R-Richmond (Reps. Blanton and Santoro are co-sponsors), the bill would require the Justice and Public Safety Cabinet to conduct a criminal background check for anyone applying as a special law enforcement officer, and allow a check at other times at the cabinet’s discretion by using a fingerprint check by KSP and the FBI. Passed out of House Judiciary Committee, awaiting action by the House. Support SENATE SB 1: Immigration, sanctuary cities Sponsored by Sen. Danny Carroll, R-Paducah, and 12 other Senate Republicans. Top priority of Senate GOP this session. Like the House bill but farther reaching. It would prohibit law enforcement as well as public officials and employees of public agencies and institutions from “enacting, adopting or otherwise enforcing any sanctuary policy”. It would also “require” law enforcement and other public officials “to use their best efforts, considering available resources, to support the enforcement of federal immigration law”. Passed Senate; assigned to House Judiciary Committee. Under consideration SB8: Requires SRO’s to be armed, other provisions related to preventing and dealing with school shootings Sponsored by Sen. Max Wise, R-Campbellsville. Signed by Gov. Beshear into law. Under consideration SB15: Marcy’s Law Sponsored by Sen. Whitney Westerfield, R-Hopkinsville. Propose to create a new section of the Constitution of Kentucky to establish a crime victims' bill of rights; submit to voters. Passed Senate 31-6 with one abstention. Reassigned to House Elections, Constitutional Amendments & Intergovernmental Committee. Support SB58: Pardon bill Sponsored by Sen. Chris McDaniel, R-Taylor Mill, would prohibit a governor from pardoning or commuting sentences 30 days or less before a gubernatorial election - a bill inspired by the pardons former Gov. Matt Bevin issued before leaving office in December. If a governor is re- elected, pardon powers would be restored on inauguration day. Senate has approved; bill awaiting action in the House Elections, Constitutional Amendments & Intergovernmental Affairs Committee. Since Senate Bill 58 seeks to amend the state constitution, it would need to be approved by Kentucky voters this fall to go into effect. Support SB 111: Temporary casket bill Filed Sen. Phillip Wheeler, R-Pikeville. Bill would ensure that the remains of a fallen first responder – including law enforcement – killed in the line of duty are returned to their family in a casket draped with an American flag. This bill grew out of an unfortunate circumstance when a fallen Pikeville officer was returned to his family on a gurney. KACP will be strongly supporting and promoting passage. The Kentucky Coroner’s Association had expressed some concerns about the bill, but those issue have been worked out and the bill may receive a committee vote this week. Passed Senate 34-0, awaiting action in House Local Government Committee. Support SB229 Establishes status of certified constables and deputy constables Sponsored by Rep. Phillip Wheeler, R-Pikeville, with 12 co-sponsors, would require 40-hour annual training for constables and deputy constables through in-service education courses developed and maintained by the Kentucky Constable Association. Training - which would include firearms qualification, emergency vehicle operations and defensive driving - would be offered at night and on weekends throughout the year in various regions across the state. It would be much less than training that POPS certified officers complete. The bill would also mandate local governments to allow constables to use lights and sirens and delete minimum bond requirements. KLC calls the bill a threat to public safety because it eliminates local control. The bill could be heard this week by the Senate State and Local Government Committee. Oppose

KEY DATES DURING THE SESSION April 2: Governor has 10 days to veto bills April 14-15: Legislators meet to consider overriding vetoes, vote on bills April 15: 60th and final day of the session.

FOR MORE INFO As always, questions, suggestions, comments or concerns can be directed to Executive Director Shawn Butler, who can be reached at 859-743-2920 or [email protected] or KACP lobbyist Patrick Crowley, who can be reached at 859-462-4245 or [email protected] You can find information about the session on the website of the Kentucky Legislative Research Commission. Commonly known as LRC, it is the administrative arm of the General Assembly. Bills, legislative calendars, information on legislators include emails and phone numbers A total of 933 bills have been filed this session. The deadline has passed for filing new bills. Friday was the 42nd day of the 60-day session.