Budget Bill Takes Center Stage As 2008 Session Winds Down
A great deal has happened since last week's legislative update, including extensive work to reach a compromise on the Executive Branch budget. Several other pieces of legislation also await action in the few days that remain in this year's Regular Session.
Earlier this week, the Senate passed their version of the budget bill which led to the appointment of a free conference committee to work out a compromise. The conference committee is comprised of legislators from both parties and both chambers, and has been meeting since Tuesday.
Legislative committee meetings came to a close this week due to the short period of time left before we adjourn on April 15. One committee that did meet was the House Committee on Seniors, Military Affairs, and Public Safety whose members passed Senate Bill 68. This legislation would allow Kentucky to enter into an agreement with other states to remove educational barriers that are imposed on children of military families due to frequent moves and deployments. The guidelines of this agreement, which have been adopted by other states, would also determine which academic requirements affect the children of active military personnel.
Employees of consolidated local governments would be restricted from taking part in activities that involve ballot proposals during work hours and from using public resources to do so through Senate Bill 16. Winning passage from the House Local Government Committee, another provision of this bill would also prohibit probationary officers and police officers who are merit employees from participating in these activities while on duty.
Senate Bill 120 would require children younger than 7 years old who are between 40 and 50 inches tall to be secured in a child booster seat when riding in a vehicle. This legislation, approved by the House Health and Welfare Committee, would direct police officers to issue warnings for a year, then a $20 fine in following years. The citations and fines could be dismissed if parents can prove they own a booster seat. The House version of this legislation, House Bill 55, would apply to children younger than 8 years of age who are between 40 and 57 inches tall and was approved by the House on February 14 by a vote of 68-28.
On the House Floor, legislation that would establish the framework for a comprehensive plan to improve our Commonwealth's waterways won unanimous approval. Through House Bill 717, local authorities would be created to select water restoration and cleanup projects that are in need of attention. Companies that disturb waterways or cause excessive runoff that pollutes streams and rivers would be fined mitigation fees which would be used to aid in clean-up efforts. Additionally, local authorities could seek the Corps of Engineers' permission to manage a clean-up or restoration project.
Winning 99-0 passage, Senate Bill 196 would allow our Commonwealth to enter into agreements with private property owners for the purpose of using their land for outdoor activities. This would provide an avenue of "adventure tourism" that could emphasize nature, spur economic development, and improve the physical well-being of Kentuckians.
Senate Bill 129 would aid the "No Child Left Offline" effort by allowing technology equipment that is no longer in use by a school system to be given to low income students throughout the school district. With 99-0 passage, this legislation would also create a partnership among the school district, local businesses, and the Kentucky Community and Technical school system to refurbish the computers prior to distribution.
Children entering the sixth grade would continue to be required to have a current immunization for Hepatitis B under Senate Bill 118. Without this legislation, which was approved 96-2, the requirement to receive this immunization was due to expire following the 2008-2009 school year.
By a vote of 97-1, the House moved to require health benefit plans to provide coverage for colorectal cancer screenings. Senate Bill 96, which would be effective as of January 1, 2009, aligns insurance coverage with guidelines set forth by the American Cancer Society.
Senate Bill 262 would establish the Kentucky Beekeeping Fund to protect and promote our Commonwealth's beekeeping industry and was approved 92-4. Currently, diseases and viruses are killing our bee population and if a solution is not found soon, our crop production will be greatly diminished due to lack of pollination.
A number of House and Senate Bills have successfully passed both chambers and now await the Governor's signature. Among those are House Bill 110 that establishes penalties for the falsification and misuse of military status, House Bill 139 which permits, with parental consent, 16-year-olds to donate blood, and House Bill 259 that allows individuals to use long-term care insurance policy funds towards their medical care.
Next week, we will have two days to finish up work on pending legislation before we adjourn for the 10 day veto period. When we do return, just two days will remain before we adjourn the 2008 General Assembly. Please feel free to contact me regarding legislative action. I can be reached at home or through the toll-free message line at 1-800-372-7181. If you have internet access, you can e-mail me at ron.crimm@lrc.ky.gov or keep track of legislature at www.lrc.ky.gov.
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Legislature Recesses for Veto Period After Approving the Budget Bill
Legislators left Frankfort on Wednesday, April 2 for the 12 day veto period but not before approving the revised Executive Branch budget and other key pieces of legislation.
The free conference committee on House Bill 406, the Executive Branch budget, met for five long days before reaching a compromise between the House and Senate versions. As our Commonwealth is faced with a budget shortfall, we were forced to tighten our fiscal belts. Let me assure you though, I stood firm in my commitment to limit spending instead of raising taxes in order to balance the budget.
The final version of the $19 billion budget, which passed the House 74-21, adds approximately $150 million each year beyond what Governor Beshear first outlined in his Budget Address and does not include any new taxes. Rather, the additional funding is derived from government efficiencies, state lottery proceeds, restructuring of debt, and new accounting measures.
Education, as always, is a crucial part of the spending plan. Please keep in mind that each biennium our Commonwealth invests between 60 and 62 percent of all General Fund dollars in education. Members of the free conference committee agreed to a one percent raise for teachers in each fiscal year with the pledge that if revenues exceed expectations by just one percent, the additional funding will first be directed to increasing this raise. The spending plan also includes $12.6 million in each fiscal year for textbooks and an additional $400,000 to support the Safe Schools program.
The Kentucky Educational Excellence Scholarship (KEES) program is provided full funding that totals almost $167 million over biennium. This will allow the program to function at current levels and also takes into account projected enrollment increases. The Bucks for Brains program will receive $60 million and, with matching funds, will generate a total of $120 million to support research and academic excellence at our public universities.
The 722,000 Kentuckians eligible for Medicaid will continue to receive benefits thanks to more than $10 billion appropriated to this health care assistance program. 52,000 children will continue to receive health insurance coverage through the $214 million directed to the Kentucky Children's Health Insurance Program (KCHIP) and $2.9 million is provided each fiscal year for Meals on Wheels, Adult Day Care, Personal Care, and other vital public services.
In the area of justice, non-violent offenders serving five years or less will be moved out of prison and into community programs and save the state approximately $31 million. Also, $2 million is provided for the anti-drug program Operation UNITE.
Safety, health, and other emergency needs mostly comprise capital construction projects. One of those needs is the Base Realignment and Closure efforts at Fort Knox, which will receive funding in anticipation of the influx of troops and families that will require improved infrastructure. Other funding was appropriated for the 2008 Ryder Cup, the 2010 Alltech FEI World Equestrian Games, and enhanced school construction. The final debt ratio will be 6.32 percent of state spending.The Governor now has almost two weeks to decide if he will veto any of the budget details or the document in its entirety.
Along with the important passage of the 2008-2010 budget, the House also took action on House Bill 410, a supplemental appropriations bill. Approved 83-10, this legislation includes $150 million for water and sewer projects and $231 million in Federal Grant Anticipation Vehicle (GARVEE) Bond funding for the Louisville bridges project. Coal counties received program funding for youth football equipment, sidewalk improvements, and equipment for local fire departments.
In other House floor action, after five previous attempts, legislation aimed to curtail bullying successfully passed the House 91-4 thanks to a bi-partisan compromise reached by a free conference committee. House Bill 91 will require the Department of Education to craft discipline guidelines and local school authorities to alert law enforcement when school harassment involves a potential felony. Annual reports on school harassment will also be required to the Department of Education as well as the legislature. Another provision requires schools to write codes of conduct that prohibit "harassment” and “intimidation.”
We also passed Senate Bill 157 by a vote of 87-3. School districts would be given extra time to work through budget constraints which would provide the opportunity for the districts to retain their full teaching staff instead of terminating employment due to the lack of funding.
Legislation that would require a nurse who is suspected of abusing controlled substances, prescription medication, illegal substances, or alcohol be reported to the nursing board was approved 91-1. Senate Bill 21 also adds the use of illegal drugs to the list of substances that merit potential disciplinary action by the nursing board and requires board notification for any misdemeanor or felony criminal convictions within 90 days of the conviction.
When we return to Frankfort on April 14, we will have two days to finish up work on pending legislation and to review any vetoes before we adjourn the 2008 General Assembly sine die. I hope you will not hesitate to contact me if I can provide additional information or to share your thoughts. I am available at home or through the toll-free message line at 1-800-372-7181. If you have internet access, you can e-mail me at ron.crimm@lrc.ky.gov.
[Update Volume 6, Edition 4; April 1, 2008]
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