2017 Interim Record

2017 Interim LEGISLATIVE Volume 30, No. 8 November 2017 * Read online at www.lrc.ky.gov/legislation.htm RECORD Lawmakers briefed on Agency state’s homeland security makes new by Jim Hannah LRC Public Information Kentucky FRANKFORT – When authorities found out white supremacists and counterprotestors homes planned to gather in Pikeville this past April, the Kentucky Office of Homeland Security its business provided support to the local community to by Rebecca Hanchett head off any violence. LRC Public Information That’s one example Kentucky Office of Homeland Security Executive Director FRANKFORT—One agency based in John Holiday gave of his office’s work while Frankfort is helping thousands of Kentuckians testifying before the Nov. 9 meeting of find housing – all without using a single state the Interim Joint Committee on Veterans, general fund dollar. Military Affairs and Public Protection. He “We don’t receive any general fund said part of the office’s mission is to “connect appropriation,” Kentucky Housing Corporation the dots between local, state and federal (KHC) Executive Director Edwin King told the entities for law enforcement.” Interim Joint Committee on Local Government Holiday added that his office provides during the panel’s Oct. 25 meeting. “With an support to the about 7,700 sworn police abundance of appreciation for the task at hand in officers, 21,000 firefighters, 13,000 EMS the next budget session, I won’t be coming before personnel and 1,600 certified 911 operators Rep. Rob Rothenburger, R-Shelbyville, engag- you to ask for any money.” across Kentucky. es with presenters during the Nov. 9 meeting King and his colleagues at KHC—a quasi- “We are committed to ensuring these of the Interim Joint Committee on Veterans, governmental agency whose income comes frontline responders have everything they Military Affairs and Public Protection. primarily from sales of tax-exempt mortgage need to do their job,” he said. “Here is bonds and fee income from the federal the problem right now: The threats and that data, and as fast as we can, consume it Department of Housing and Urban Development, hazards we face on a daily basis are evolving. and determine if any other threats or hazards or HUD—appeared before the committee to Unfortunately, bureaucracies don’t evolve as exist. It is a never-ending process and it can be talk about one of his agency’s specific missions: fast. Governments have a hard time keeping quite stressful. You would be surprised of the community revitalization, which includes the up with that evolution of threats. And it is Kentucky nexus to many global threats that are rehabilitation and reuse of vacant, blighted and very important for us to face those threats.” happening on a daily basis.” abandoned properties. Holiday said the office was the only With legislators preparing for the Among the KHC revitalization projects civilian agency in Kentucky with access to upcoming session, Holiday outlined the office’s reported to the committee by King and KHC federal classified information systems. various programs and how it functions on a Deputy Executive Directors Lisa Beran and “Our office must consume and analyze limited budget. Jeremy Ratliff were the Scholar House program this data effectively,” he said. “We must take Continued on page 4 Continued on page 4 THE KENTUCKY GENERAL ASSEMBLY 1 Marsy’s Law discussion renewed by Judiciary committee by Rebecca Hanchett LRC Public Information FRANKFORT—Kentucky crime victims have weaker rights than Kentucky criminals, say victims’ advocates who hope to balance out Kentucky would those rights with the help of Kentucky’s voters. become at least the One proposed remedy is Marsy’s Law, legislation already passed in a handful of states sixth state to pass that allows a state’s voters to approve specific, limited constitutional protections—dubbed a Marsy’s Law—named “bill of rights”—for crime victims. Sen. Whitney for Californian Marsy Westerfield, R-Hopkinsville, a co-chair of the Interim Joint Committee on Judiciary and Nicholas, who was sponsor of Marsy’s Law bills in past years, said he plans to sponsor similar legislation next year. stalked and killed by an Westerfield told members of the Judiciary ex-boyfriend in 1983. committee at a Nov. 3 meeting that the crime victims’ bill of rights he supports is “largely procedural to ensure that (victims) have a meaningful role in the process, and that’s what balances the rights of victims and defendants. Marsy’s Law sets out to do.” The proposal puts a human face on the rule of Kentucky would become at least the sixth law that considers crime to be against the state, state to pass Marsy’s Law—named for Californian not an individual, she said. Marsy Nicholas, who was stalked and killed by “We have to remember it’s the victim who an ex-boyfriend in 1983—should Westerfield’s has suffered,” she said. Above: Rep. Joni Jenkins, D-Shively, comments proposal make it through the 2018 General Senate Majority Caucus Chair Dan on Marsy’s Law at the Nov. 3 meeting of the Assembly. Passage of the bill would clear the way Seum, R-Louisville, asked about the process Interim Joint Committee on Judiciary. Below: for the proposed amendment to go on statewide for enforcement should Kentucky amend its Senate Majority Caucus Chairman Dan Seum, ballot next fall, leaving the decision of whether constitution to include a crime victims’ bill of R-Louisville, asks those testifying at the meeting certain victims’ rights should be embedded in rights. Westerfield said the courts could order how a constitutional crime victims’ bill of rights the state constitution up to the voters. different remedies for victims, with redoing a would be enforced in Kentucky. Of all the proposed victims’ rights, defendant’s hearing likely to be the most severe. Westerfield said the one that’s needed most is “They can’t get a new trial,” said Westerfield. the right of victims to have legal standing, which “They can’t trample on the rights of the accused. gives them the ability to fight for their rights in Ordinarily it’s a redo of the hearing at the most.” court. Rep. Joni Jenkins, D-Shively, said she “Right now, even if you were a crime victim supports the proposal but that more needs to be and you could assert that you have a right that done for victims. Many struggle with medical was violated, you don’t have any recourse. You costs and other issues tied to their victimization, can’t show up in front of a circuit court judge she said. and demand to be heard. And that’s not right,” “I talked to a victim of sexual assault last Westerfield said. week and she talked about the financial problems The senator challenged the idea that giving that came with her victimization” including the victims constitutional protections hurts the cost of ambulance transport and extended HIV accused or convicted criminals. Constitutional testing that the victim was required to have, said rights of the accused and convicted “should be Jenkins. “That came out of her pocket and her protected. This doesn’t disrupt any of those. If it insurance.” did, I wouldn’t be for it,” said Westerfield. Marsy’s Law legislation has not yet been Instead of taking anything away, Kentucky filed for consideration during the 2018 Regular Executive Director for Marsy’s Law Ashlea Session. Westerfield said he plans to file his Christiansen told the committee that Marsy’s Law legislation in January. 2 2017 Interim LEGISLATIVE RECORD Lawmakers look at cost of solar energy by Rebecca Hanchett LRC Public Information FRANKFORT— Solar power means bigger electricity bills for non-solar customers, a group Competitive rates in the called the Consumer Energy Alliance told a panel of state legislators in November. current market is the CEA’s Brydon Ross told the Interim Joint Committee on Natural Resources and Ener- goal of Consumer Energy gy during a Nov. 2 meeting that private cred- Alliance and its its given to solar customers who participate in programs like net metering--which gives retail over 250 members, credit for excess solar energy fed into the elec- trical grid—allows those customers to avoid which include the paying costs that most consumers on the grid pay. Kentucky Chamber of Kentucky has had a net metering program since 2004. Commerce, LG&E/KU The issue, said Ross, is that net metering customers in Kentucky are paid a retail rate that and other is three times the competitive market rate even CEA associate though they don’t pay many of the costs that other electricity customers do. Current solar members energy policies in at least 15 other states have also proven costly, he said. in Kentucky. “Our analysis found that private solar credits are shifting costs on to less affluent customers,” said Ross. “Those who can’t afford private solar should not subsidize those receiving private solar credits.” He was quick, however, to emphasize that his organization supports solar energy. “Advocating for reform in solar does not mean you are anti-solar,” said Ross. “We think the legislature has a real opportunity here to ad- dress an issue before it becomes a real problem.” Rep. Kelly Flood, D-Lexington, said that the solar energy movement is just starting to have Interim Joint Committee on Natural Resources an impact in Kentucky. She questioned Ross on and Energy Co-Chair Rep. Jim Gooch, R-Prov- how the reforms CEA is proposing would affect idence, comments on solar energy and its im- what she called “transitional costs” as more cus- pact on the electricity grid at the committee’s tomers move toward solar.

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