Kentucky Law Review

CJ News: "Judge delays filing deadline for Kentucky legislative candidates"

This judge is definitely a good shepherd.  And, yes that is his name, too.  Here's the story in the CJ:

"Judge delays filing deadline for Kentucky legislative candidates

In a move that could bring even more disarray to an already chaotic legislative session, a judge on Tuesday extended for one week the filing deadline for this year’s legislative elections while he decides whether the redistricting plans approved by the House and Senate are constitutional."

New laws set to take effect June 8New laws set to take effect June 8

New laws set to take effect June 8New laws set to take effect June 8

FRANKFORT - Higher dollar amounts for small claims court cases and the
approval of wellness rewards for health insurance plans are among the
dozens of new laws set to take effect this week.

Under the state constitution, most new laws take effect 90 days after
the end of the legislative session. Laws passed during the 2011 Regular
Session, which ended March 9, will become effective on June 8, except
for those with emergency clauses or with specific effective dates
contained within the bills themselves.

Among the issues affected by legislation taking effect on June 8 are the
following:

African-American Heritage. Senate Bill 64 creates the Kentucky Center
for African-American Heritage and outlines its board membership.

Carbon dioxide. SB 50 includes pipelines for captured carbon dioxide in
the eminent domain process, allowing such a pipeline to be constructed
through Western Kentucky.

Courts. SB 108 increases the jurisdiction of district courts in civil
cases from $4,000 to $5,000 and the jurisdiction of small claims courts from $1,500 to $2,500.

Diabetes. SB 63 creates a collaborative group to identify goals and
plans to reduce incidences of diabetes and improve diabetes care. SB 71
creates a licensing process for diabetes educators.

Doctoral programs. SB 130 allows the state's six comprehensive
universities to offer certain advanced practice doctoral programs within
limits.

Education. HB 425 allows out-of-state veterans to qualify for in-state
tuition at public colleges and universities.

Eye care. SB 110 allows optometrists to perform certain types of laser
surgery, including treatments for glaucoma and cataracts.

Firearms. HB 308 establishes a program for people who have been banned
from purchasing a firearm due to mental illness to recover that right.

Flu shots. SB 40 allows pharmacists to give flu shots to children ages
9-13.

Government publications. HB 33 bans state agencies from mailing most
publications to the public unless they are requested by the recipient.

Homelessness. SB 26 reduces the fee for ID cards for the homeless from
$12 to $4.

Occupational and physical therapy. SB 112 limits health insurance
co-pays on occupational and physical therapy sessions to no higher than
that of regular doctor's visits.

Prescriptions. HB 311 allows Schedule II prescriptions, including
oxycodone and hydrocodone, to be transmitted electronically or by fax.
The bill also allows Schedule III-V drugs to be transmitted by fax;
those can already be transmitted electronically.

Principals. SB 12 authorized local school superintendents to appoint
principals after consultation with the school-based decision making
council, a reversal of the current procedure.

School board elections. HB 228 increases the contribution limits for
school board candidates to $200 for individuals and $1,000 for
organizations.

Traffic laws. HB 289 adds fines for driving over the 70 miles-per-hour
speed limit and clarifies that vehicle-integrated GPS units are exempt
from the state's ban on texting or using other communications devices
while driving.

Voter registration. HB 192 requires high schools to provide seniors
information on how to register to vote and related information.

Wellness programs. SB 114 allows private health insurance plans to offer
incentives and awards for wellness programs.

 

 

 

 

 

 

 

 

 

 

 

 

Chief Justice Minton honored for work on penal code reform

Chief Justice Minton honored for work on penal code reform

Gov. Steve Beshear and the Kentucky General Assembly recognized Chief Justice John D. Minton Jr. for his efforts as a member of the Task Force on the Penal Code and Controlled Substances Act as the governor signed House Bill 463 into law March 3.

HB 463 is designed to decrease the state's prison population, reduce crime and incarceration costs and increase public safety. The task force made recommendations for this landmark legislation.

Gov. Beshear acknowledged Chief Justice Minton in his remarks before signing the bill. Sen. Tom Jensen and Rep. John Tilley, who served as co-chairs for the task force, presented Chief Justice Minton with a citation from the General Assembly in recognition of his work on the task force. This is a unique honor as the General Assembly normally issues citations from the House or the Senate but not a citation from the full body.

"I'm pleased we're making progress in tackling the problems facing our penal code," Chief Justice Minton said. "With all three branches involved in this deliberative process, I'm confident the outcome will be positive for Kentucky."

CLICK ON HB 463 IF YOU WANT TO SEE THE LAW AS PASSED.

 

LEXINGTON Lawyer Adam Edelen files to run for Ky State Auditor

From the Courier Journal:

Lexington man Adam Edelen begins 2011 run for auditor

Adam Edelen filed papers with state election finance officials Friday to begin a campaign for state auditor in 2011.

 

Laws: HB 28 regarding father's rights does not make it this session; sponsor says it's "dead"

Paternal rights bill dead for session [Courier Journal story by Andrew Wolfson]

Shane Benton hasn't seen his son since August, he said, because of a ruling four months earlier in which the Kentucky Supreme Court held that a man who fathers a child during an affair with a married woman has no parental rights. Benton rested his hopes on a bill in the Kentucky General Assembly that would reverse that ruling. With the session nearly over, however, the sponsor of House Bill 28, Rep. Darryl Owens, D-Louisville, says the bill is dead. 

see also,

Adoption, foster-care bill is dead for session.

LAWS: Bill to give money to prosecutors, public defenders clears House

From Bluegrass Politics Blog, Beth Musgrave:

Bill to give money to prosecutors, public defenders clears House

By Beth Musgrave on State Government

FRANKFORT — A bill that would give $4.7 million to the state’s public defenders and an additional $4.7 million to the state’s prosecutors this fiscal year passed the House Tuesday, but not without a more than an hour-long debate. Without the funds, the Department of Public Advocacy has warned it will run out of money by the end of April and can’t fulfill its constitutional obligation to represent poor criminal defendants. House Bill 433, deemed a “clean-up” measure to correct problems in a budget bill that passed both chambers last month, also contained a list of new projects that many members said didn’t belong in the bill.

Other stories of a similar vein reported at the Bluegrass Politics blog are:

Public advocacy to receive $4.7 million under budget revision

By Beth Musgrave on State Government

FRANKFORT — A legislative panel dug up $4.7 million Monday for the agency that represents poor criminal defendants in court, potentially averting a shut down of the Department of Public Advocacy next month. That fiscal shot in the arm is one of several provisions contained in a revision to the state’s budget approved Monday by the House Appropriations and Revenue Committee.

Judge to rule soon in public defenders lawsuit

By John Stamper on State Government

FRANKFORT, Ky. -- A judge said Monday he will rule "in the next few days" on whether to dismiss a lawsuit that public defenders filed against the state alleging they've been allotted inadequate funding to handle excessive case loads. Franklin County Circuit Judge Thomas Wingate took no action in the case during a hearing Monday. Department of Public Advocacy spokesman Jessie W. Luscher distributed a statement on Friday saying that when funding runs out in May, public defenders will "be unable to provide any representation whatsoever in any court."

UCLA’S WILLIAMS INSTITUTE RELEASES NEW STUDY ESTIMATING COSTS OF KENTUCKY SB 68: BARRING UNMARRIED COUPLES FROM FOSTERING AND ADOPTING WILL DISPLACE OVER 700 CHILDREN; COST STATE $5.3 MILLION

LOS ANGELES – Today, the Williams Institute at the UCLA School of Law released a cost estimate of Kentucky Senate Bill 68, “The Child Welfare Adoption Act,” which seeks to prohibit unmarried couples from fostering or adoption children. 

The report estimates that SB 68 would cost the State over $5.3 million in the first year.  “The bulk of the costs are associated with placing children in congregate care facilities, which are more costly than in-home foster care,” noted study co-author Naomi Goldberg, the Peter J. Cooper Public Policy Fellow at The Williams Institute.  Additional costs cited in the report include the recruitment of new foster and adoptive parents.

Prohibiting unmarried couples from fostering or adopting would reduce the number of foster and adoptive families available to care for the 7,027 children currently in foster care. The report suggests that 630 foster children will be removed from their current homes and placements during the first year that the ban is in effect. In addition, 85 children in foster care will either not be adopted or remain in foster care longer because the ban will prohibit their adoption by unmarried couples.

“Given the current shortage of qualified foster and adoptive parents, prohibiting unmarried couples from acting as foster or adoptive parents would be costly to the state and harmful to the children in foster care,” Goldberg noted.

The full report may be found at:

http://www.law.ucla.edu/williamsinstitute/pdf/Kentucky_SB68CostEstimate.pdf

LAWS: SB 68 regarding unmarried couples seeking adoption and foster care is showing signs of controversial consequences

Senate Bill 68 has been in the news recently, and the Kentuckians Value Fairness statewide rally and press conference will be held in the Capitol Rotunda Wednesday, February 25, 12:30-1:30 pm. Lobby training and group gathering is held in Capitol Annex room 111 at 9 am.  


The Courier-Journal has the following story today: 

Bill to block gays from foster care, adoption assailed

Gay-rights supporters are mobilizing to fight a bill that would ban unmarried couples from becoming foster parents or adopting children in Kentucky.

Here is a link to the bill, etc. at www.KentuckyVotes.org:

2009 Senate Bill 68 (The Child Welfare Adoption Act)

[Text and Analysis]

• Introduced by Sen. Gary Tapp (R) on February 5, 2009, to prohibit someone who is cohabitating with a sexual partner outside of marriage from becoming a foster parent, providing relative caregiver services, or adopting a child. The bill exempts situations in which a child was placed for adoption prior to this bill becoming effective.
  • Referred to the Senate Judiciary Committee on February 9, 2009.

Here is a press release from the Fairness Campaign:

Senate Bill 68: 'Kids Lose Homes, Kentuckians Lose Millions Act'

Ant-Gay Adoption Measure Will Burden State Budget

(Louisville, KY) The Fairness Campaign dubs Shelbyville Senator Gary Tapp's (Dist. 20) Senate Bill 68 the "Kids Lose Homes, Kentuckians Lose Millions Act"—an anti-gay political attack threatening the welfare of Kentucky's children and its budget.  



The deceptively-worded bill is identical to a measure recently passed in Arkansas that prohibits adoption or foster care by an applicant "cohabiting with a sexual partner outside of a marriage that is legally valid in Kentucky." The language of the bill renders not just same-gender couples unfit to parent, but countless heterosexual couples that could serve as "next of kin" placement for children in need. The state would be forced to provide millions in additional foster care, an irresponsible burden to add to the Commonwealth's economic crisis.

"We literally can't afford to play politics with these children's lives," said Fairness Campaign Director Chris Hartman. "Hundreds of children are awaiting adoption each day in Kentucky, and it should be our politicians' jobs to find them a home, not to categorically eliminate potential loving parents with an anti-gay political attack."



The Fairness Campaign, Kentucky Fairness Alliance and ally organizations from across the state are lobbying Senate leadership against SB68. Citizen action may be taken at www.Fairness.org and www.KentuckyFairness.org, or by calling, writing, or visiting Senate leadership in Frankfort. The Kentuckians Value Fairness statewide rally and press conference will be held in the Capitol Rotunda Wednesday, February 25, 12:30-1:30 pm. Lobby training and group gathering is held in Capitol Annex room 111 at 9 am.  


BILLS: Legislation introduced regulating Chief Justice's control over circuit court clerk salaries and not-for-profit solicitation

Two recent pieces of legislation introduced in Frankfort:

• House Bill 9 (Remove control of circuit court clerk salary from Chief Justice)
  Introduced by Rep. Brent Yonts on January 6, 2009, to require maximum salaries of circuit court clerks to be the same as that of county judges/executive, county clerks, jailers who operate a full service jail, and sheriffs based on the compensation schedule in KRS 64.5275. This bill would remove control of circuit court clerk salary from the Chief Justice except in cases of actual misfeasance or malfeasance while in office.
  
  
• Senate Bill 8 (Require notification of for-profit status of donation-accepting organizations)
  Introduced by Sen. Tom Buford on January 6, 2009, to require for-profit organizations that collect donated items for future resale permanently affix to any collecting bin or receptacle the name and the telephone or email address of the collector and a statement indicating that donations are not tax deductible charitable contributions.
  
  

LEGISLATIVE NEWS: New laws to take effect on July 15

From the state LRC:

New laws to take effect on July 15

FRANKFORT — Most new laws approved during the Kentucky General Assembly’s 2008 regular session will go into effect on July 15.

According to the Kentucky Constitution, bills that don’t contain emergency clauses or specify delayed effective dates go into effect 90 days after a legislative session ends.

The General Assembly wrapped up the 2008 session on April 15.

New laws slated to go into effect on July 15 include measures on:

Adventure Tourism. Senate Bill 196 will boost the Kentucky's adventure tourism industry by allowing the state to enter agreements with private property owners for the use of their land for recreational activities. The agreements would allow property owners to permit public use of the land without facing the liability issues they otherwise would.

Alcohol vaporizers. House Bill 202 will ban the sale, purchase or use of alcohol vaporizing devices, which can be used to inhale intoxicating fumes of alcohol.

Amusement park safety. SB 203 will require more frequent inspections of amusement park rides and prevent anyone under 18 from operating the rides.

Animal cruelty. SB 58 will increase penalties for those who torture dogs or cats. Causing physical injury to a dog or cat as a result of torture would be a Class A misdemeanor that carries up to a year in jail, while causing serious physical injury or death would be a Class D felony punishable by 1-5 years in prison. Currently, all torture cases involving a dog or cat are Class A misdemeanors for a first offense.

Blood donations. HB 139 will allow 16-year-olds who weigh at least 110 pounds to donate blood with written parental or legal guardian consent. The bill was crafted to help address blood shortages.

Booster Seats. SB 120 will require young children who are too big for infant car seats to be placed in booster seats when riding in vehicles. The bill states that children under 7 years old and between 40-50 inches tall must use the boosters. (Police will only issue courtesy warnings to violators until July 1, 2009. After that, a violator will face a $30 fine, which can be dismissed if the violator shows proof that a booster seat has been acquired.)

Bullying. HB 91 will require local school authorities to alert law enforcement when school harassment involves a potential felony. Yearly reports on school harassment will be made to the Department of Education and the Legislature.

Early voting. HB 479 will give citizens greater access to the voting process by allowing them to request absentee ballot applications via email. The bill also allows members of the military to return unused absentee ballots and still be allowed to vote on Election Day.

Elections. HB 370 will erase the requirement that runoff elections be held in gubernatorial primary races if no candidate receives at least 40 percent of the vote.

Golden alert. SB 125 will create a "Kentucky Golden Alert" to make local media aware when an impaired adult, such as a person with Alzheimer's, is reported missing. The program will be similar to the Amber Alert program, in which cases of missing children are publicized so that more people will be on the lookout for the missing person.

Military. HB 168 will allow active duty military serving outside the state up to 90 days to renew their driver's licenses after returning to Kentucky. They could not be cited for driving without a license during that period.

Sex offenders. HB 211 will broaden Kentucky's child sex abuse laws while increasing penalties for abusers and those who fail to report abuse. The bill will include older children under state laws that protect minors from first-degree sexual abuse by raising the age of children covered by the law from 12 to 16, or 16 to 18, if the perpetrator is in a position of trust or authority.

Stolen Valor Act. HB 110 will make it a Class A misdemeanor for anyone to falsely apply for a special military license plate or misrepresent current or former military status with an intent to defraud, obtain employment, or be elected or appointed to public office.