2015 Interim Record

2015 Interim LEGISLATIVE Volume 28, No. 4 July 2015 RECORD * Read online at www.lrc.ky.gov/legislation.htm Lawmakers discuss effects of new anti-heroin law by Jim Hannah word, is what we were thinking we were going to LRC Public Information see,” said State Sen. Whitney Westerfield, R-Hop- kinsville. “I feel like (the Louisville program) cross- A state legislative committee overseeing the es the line to promoting or enabling more than a true implementation of the recently passed anti-heroin exchange would.” law heard testimony June 26 about provisions of Wayne Crabtree, administrator of clinical the plan designed to get addicts treatment instead of services for Louisville Metro Public Health and time behind bars. Wellness, said if the goal is to decrease the spread The purpose of the committee is to look at of disease through the use of dirty needles, public issues arising from the new law and explore solu- health workers need to be able to hand out free tions so legislation to address those areas can be needles without being required to collect a used one. introduced in the 2016 General Assembly, said state The reason, he said, was many addicts share one Rep. Denver Butler, D-Louisville, who chaired the needle. June meeting. “I want to make it clear we strongly encourage “I know there are a lot of issues … but we want the return of the syringes they take,” Crabtree said. to hear them,” he said to the standing-room-only “It is part of our participants’ … responsibilities.” crowd gathered for a meeting of the SB 192 Imple- Westerfield said not requiring an exchange of mentation Oversight Committee. “We want to get needles undermines another intent of the law – the the conversation started.” reduction of citizens and police from being poked by The devastation heroin is creating in both rural Sen. Whitney Westerfield, R-Hopkinsville, fields questions dirty needles that have been randomly discarded. and urban areas of Kentucky became evident as pub- during the June meeting on SB 192. “The needle sticks and the danger to the rest of lic health advocates, prosecutors, public defenders the public is another concern I don’t want to ignore,” and justice cabinet officials discussed the challeng- he said. es of implementing needle exchange programs, among some legislators on the committee. Health State Sen. Christian McDaniel, R-Taylor Mill, honoring the good Samaritan immunity clause and officials from Kentucky’s largest city recently adopt- voiced similar concerns. distributing money for drug treatment. ed a need-based needle distribution program where “I would be remiss if I didn’t say I have sub- Louisville public health officials’ interpreta- exchanging dirty needles is allowed but not required. tion of the needle exchange clause raised concerns “An exchange, in the simplest sense of the Continued on page 2 Lawmakers point to Virginia as a source of E. KY pollution by Rebecca Hanchett violating environmental regulations. He said cleanup the debris out, then they’re going to get a $50,000 LRC Public Information of waterways can be difficult from the banks— fine from the Division of Water, or from some which is where the state recommends one-step organization,” said Carpenter. Talk of debris removal from Kentucky non-permitted debris removal be conducted from— Goodman said use of equipment in water- streams elicited some strong words on July 2 from and that some landowners are concerned of being ways is allowed but should be minimized, and state lawmakers who alleged that trash from Vir- fined if they use removal equipment in the water. some debris removal may require a permit, i.e. ginia is polluting some Kentucky waters. Carpenter said education has helped show removal from bigger streams that may take on Interim Joint Committee on Natural Resourc- landowners “what they can and cannot do” under the debris from nearby cities. es and Environment Committee Co-Chair Sen. one-step removal process overseen by the Division. It wasn’t long before discussion turned to Jared Carpenter, R-Berea, told state Division of “People start hearing stuff from the EPA and the polluting of Kentucky’s waterways by debris Water Director Peter Goodman that some private water quality scare tactics and they’re scared to and even sewage from Virginia, the latter which landowners shy away from cleaning out creeks death if they get in a stream and a drop of gasoline was detected early this spring flowing from Vir- and streams flowing through their land for fear of or drop of oil gets in a creek from …trying to clean Continued on page 2 THE KENTUCKY GENERAL ASSEMBLY 1 to be people who hope to take advantage of that addicts they routinely encounter would begin being Heroin, immunity situation.” made available in July. Brown said other drug treat- Kentucky Public Advocate Edward C. Monah- ment programs would have to go through a lengthier from page 1 an urged lawmakers to wait and analyze the number grant process before being awarded any money. of people and cases where immunity is granted The law also called for the state corrections before changing the law. department to purchase Vivitrol, a non-narcotic drug stantial concerns about the distribution of needles “I would suggest let’s get the data from this to that blocks the effects of heroin. Brown said he has without an exchange,” he said. “Whether we envi- see if this is saving lives that otherwise would not be spoke with the drug maker and is working on train- sioned a one-for-one exchange or maybe a one-for- saved,” he said. “That is what we all want.” ing and education program before purchasing and something exchange, we all envisioned an exchange. Butler said a question he is repeatedly asked distributing the drug. We voted for an exchange.” from residents across Kentucky is when the ad- Brown said he does not anticipate the establish- Kenton County Commonwealth’s Attorney ditional money for drug treatment would become ment of a neonatal abstinence program, as the law Rob Sanders was one of two felony prosecutors who available. also requires, for another fiscal year. asked the legislators to consider repealing the good Justice and Public Safety Secretary J. Michael He said it takes time to coordinate such a Samaritan provision, a clause that allow people to Brown testified that his cabinet is overseeing the program with the medical establishment and train seek medical help for overdose victims without fear distribution of up to $10 million for the upcoming personnel in the highly specialized skills required of facing possession or paraphernalia charges. fiscal year for addiction treatment. for such an undertaking. “Anytime legislators create immunity of any He said additional money for public defend- Butler said he hopes to form “working groups” sort, I can’t describe for you the amount of litigation ers, prosecutors and jailers to spend on innovative to explore possible solutions to the issues brought up that results,” Sanders said. “There are always going outreach programs each group has developed for in the meeting. Lawmakers look at Pollution, from page 1 growing popularity ginia into the Levisa Fork of the Big Sandy River. Rep. Jim Stewart, R-Flat Lick, asked Goodman if Virginia was fined for the pollution event, and of e-cigs Goodman said no, adding that Kentucky did not take by Jim Hannah action against Virginia, but did implement a swim- LRC Public Information ming advisory for the Levisa Fork above Fishtrap lake. The advisory has since been lifted. The rising popularity of electronic cigarettes Stewart, saying coal companies are fined when sparked a debate among state legislators at a recent coal silt ponds break, said “I just assume we should panel discussing the impact the nicotine-delivery levy a fine on them; they dumped that raw sewage devices are having on the health of Kentuckians. on us—that’d be my take on it.” “It is very obvious e-cigarette makers are Senate trying to market to young people,” Rep. Larry Clark, Minority Leader D-Louisville, said at the July 10 meeting of the Goodman told Ray Jones, Interim Joint Committee on Licensing and Occupa- lawmakers recent tests D-Pikeville, then mentioned tions. “This e-cigarette is just a pathway to get them show the water hooked on nicotine and then they will smoke the rest large amounts of their life.” quality at Fishtrap Lake of trash in Pike County’s Higher percentages of Kentucky’s sixth and is “really, really good, eighth grade students are using e-cigarettes over Fishtrap Lake, traditional cigarettes, according to data presented to setting aside the trash a 1,130-acre man-made lake the committee from the 2014 Kentucky Incentives problem.” for Prevention (KIP) survey. Three percent of sixth in the county. graders, nine percent of eighth graders, 16 percent of Jones said the 10th graders and 17 percent of 12th graders respond- locals call the reservoir “Trash Trap” because of all the trash that Jones said comes into the lake from ed that they used e-cigs in the last 30 days, accord- Rep. Chris Harris, D-Forest Hills, asks a question during the ing to KIP. Virginia. “Virginia is a significant problem in my opin- July 2 Interim Joint Commiittee on Natural Resources and That’s despite the passage of Senate Bill 109 Environment. during the 2014 General Assembly that banned ion because the trash in my opinion is coming from the sale of e-cigarettes to minors. Food and Drug Virginia…,” said Jones. “They don’t really care Administration State Tobacco Coordinator Matt what they do over there because their problem ends Neal told state legislators that the FDA is exploring up Kentucky, and it’s something that needs to be “an important issue.” the possibility of regulating e-cigarettes but has not addressed by the Executive Branch (of Kentucky) in Goodman told lawmakers that recent tests acted.

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