Legislative Report for Week Ending March 13
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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. Andy Beshear 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. Jared Carpenter, R-Richmond, as well as with other key legislators including: Sen. Wil Schroder, 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).