SB349 won’t save coal, it will raise Kentucky’s electricity prices
The following KYFREE op-ed was published in the Lexington Herald-Leader last week.
KYGA 2024 Week 9
Week 9 of this year’s legislative session marks the last week for the state House and Senate legislators to file new bills.
Below are some bill highlights so far this session: legislation that aligns with KYFREE’s policy principles is highlighted in green; legislation that contradicts our principles is highlighted in red.
Constitutional amendment allow the GA to spend money outside the common schools system
Establishes a one-time pension COLA for state retirement employees
Allows universal recognition of occupational licenses and government certifications
Establishes limitations on use and sale of data captured by automated license plate readers
Allows homeschool students to receive KEES based on standardized scores
Defines "government" and "substantially burden” in terms of religious liberty; outlines relief that may be sought if government violates religious liberty
Expands parental rights in schools
Establishes the Tax Expenditure and Economic Development Incentive Review Board to evaluate tax expenditures and incentives awarded by the state
Constitutional amendment allowing the GA to reduce or eliminate property tax
Expands protections for students and teachers from being discriminated against for refusing to endorse a divisive concept
Allows homeschool students to receive KEES based on standardized scores
Raises minimum wage to $15/hr
Makes it easier for an individual to create a petition against a local property tax increase
Reestablishes the Certificate of Need Task Force
Exempts birthing centers from certificate of need laws
Exempts birthing centers from certificate of need laws
Modifies conditions under which a person is prohibited from taking actions without a certificate of need
Exempts various health facilities and services from certificate of need requirements
Requires that the Cabinet for Health and Family conduct public hearings on certificate of need applications
Constitutional amendment allow the GA to spend money outside the common schools system
Provides for referrals to treatment for persons charged with possession of controlled substances
Appropriates $95 million from the budget reserve trust fund to fund one-time supplemental payments to KRS retirees
Reaffirms the sovereignty of Kentucky
Ends estate and inheritance tax beginning August 1, 2024
Prohibits a public agency or any other entity created by an act of the General Assembly from using public funds for lobbying activity or to employ or enter into a contract with a lobbyist
Prohibits a public agency or any other entity created by an act of the General Assembly from using public funds for lobbying activity or to employ or enter into a contract with a lobbyist
Recalculates TIF revenues for potentially distressed projects
Reforms Certificate of Need laws
Establishes the Support Education Excellence in Kentucky (SEEK) Task Force
Protects individuals who provide emergency assistance to those in an overdose situation
Requires the Board of Education to determine the number of local school board members based on population
reestablishes prevailing wage
Establishes the Efficient and Effective School District Governance Task Force
Establishes of a Workforce Innovation Task Force
Establishes the Efficient and Effective School District Governance Task Force
Establishes the Teacher Red Tape Reduction Task Force to study and make recommendations to identify outdated, redundant, or unnecessary mandates imposed upon teachers
Establishes an automatic expungement process for specific eligible misdemeanor and felony convictions
Proposes to amend the Constitution of Kentucky to automatically restore the voting rights of persons convicted of certain felonies
Establishes an automatic expungement process for specific eligible misdemeanor and felony convictions
Establishes a Workforce Innovation Task Force
Establishes local police wiretapping
Prohibits a public school district, public school, or public charter school or educational cooperative from expending any money from whatever source to advocate for against any public question that appears on the ballot
Exempts various health facilities and services from certificate of need requirements
Proposes to amend the Constitution of Kentucky to automatically restore the voting rights of persons convicted of certain felonies
Requires an assessment of a homeless defendant for a behavioral health disorder and establish preference for participation in the program if an eligible defendant
Establishes the Energy Planning and Inventory Commission
Constitutional amendment allow the GA to spend money outside the common schools system
Establishes an automatic expungement process for specific eligible misdemeanor and felony convictions
HB 204 deserves to be heard in the House Health Services Committee
House Bill 204, sponsored by Rep. Marianne Proctor, aims to ensure Kentuckians have more freedom in their healthcare choices.
The legislation addresses barriers to health care access by eliminating the ability of competitors to delay issuance of a certificate of need (CON).
Importantly, HB 204 streamlines the review and reconsideration processes in obtaining a certificate of need, empowers the state to issue certificates of need for essential health services in a more timely manner, and preserves an applicant’s right to appeal an adverse decision in state court.
HB 204 will level the playing field for those who wish to expand and grow healthcare access in Kentucky communities where a need exists.
The House Health Services Committee should immediately consider HB 204 and move the legislation forward to the House floor.
KYGA 2024 Week 8
This week, several positive pieces of legislation moved forward including: a resolution to study and make recommendations to identify outdated, redundant, or unnecessary mandates imposed upon teachers; a bill aiming to protect citizen privacy against automated license plate readers; a bill focused on protecting Kentuckians from religious liberty infringement by the state government; and a bill allowing homeschool students to receive KEES dollars.
Below are some bill highlights so far this session: legislation that aligns with KYFREE’s policy principles is highlighted in green; legislation that contradicts our principles is highlighted in red.
Constitutional amendment allow the GA to spend money outside the common schools system
Establishes a one-time pension COLA for state retirement employees
Allows universal recognition of occupational licenses and government certifications
Establishes limitations on use and sale of data captured by automated license plate readers
Allows homeschool students to receive KEES based on standardized scores
Defines "government" and "substantially burden” in terms of religious liberty; outlines relief that may be sought if government violates religious liberty
Expands parental rights in schools
Establishes the Tax Expenditure and Economic Development Incentive Review Board to evaluate tax expenditures and incentives awarded by the state
Constitutional amendment allowing the GA to reduce or eliminate property tax
Expands protections for students and teachers from being discriminated against for refusing to endorse a divisive concept
Allows homeschool students to receive KEES based on standardized scores
Raises minimum wage to $15/hr
Makes it easier for an individual to create a petition against a local property tax increase
Reestablishes the Certificate of Need Task Force
Exempts birthing centers from certificate of need laws
Exempts birthing centers from certificate of need laws
Modifies conditions under which a person is prohibited from taking actions without a certificate of need
Exempts various health facilities and services from certificate of need requirements
Requires that the Cabinet for Health and Family conduct public hearings on certificate of need applications
Constitutional amendment allow the GA to spend money outside the common schools system
Provides for referrals to treatment for persons charged with possession of controlled substances
Appropriates $95 million from the budget reserve trust fund to fund one-time supplemental payments to KRS retirees
Reaffirms the sovereignty of Kentucky
Ends estate and inheritance tax beginning August 1, 2024
Prohibits a public agency or any other entity created by an act of the General Assembly from using public funds for lobbying activity or to employ or enter into a contract with a lobbyist
Prohibits a public agency or any other entity created by an act of the General Assembly from using public funds for lobbying activity or to employ or enter into a contract with a lobbyist
Recalculates TIF revenues for potentially distressed projects
Reforms Certificate of Need laws
Establishes the Support Education Excellence in Kentucky (SEEK) Task Force
Protects individuals who provide emergency assistance to those in an overdose situation
Requires the Board of Education to determine the number of local school board members based on population
reestablishes prevailing wage
Establishes the Efficient and Effective School District Governance Task Force
Establishes of a Workforce Innovation Task Force
Establishes the Efficient and Effective School District Governance Task Force
Establishes the Teacher Red Tape Reduction Task Force to study and make recommendations to identify outdated, redundant, or unnecessary mandates imposed upon teachers
Establishes an automatic expungement process for specific eligible misdemeanor and felony convictions
Proposes to amend the Constitution of Kentucky to automatically restore the voting rights of persons convicted of certain felonies
Establishes an automatic expungement process for specific eligible misdemeanor and felony convictions
Establishes a Workforce Innovation Task Force
KYTC awarded $588.2 million in single-bid asphalt contracts in ‘23
The following correspondence was sent to the Kentucky House and Senate Transportation Committees today:
Transportation Committee Members - We’ve compiled KYTC's 2023 single-bid asphalt-related contracts. The attached document provides KYTC's single-bid awards by month.
Here are five topline points from the spreadsheet:
KYTC awarded $588.2 million in asphalt-related single-bid contracts in 2023.
The lack of competition for those contracts cost taxpayers $75.3 million more than if a second-bidder participated.
One contractor, L-M Asphalt Partners, secured $84.9 million in single-bid awards in October 2023 for major projects in Fayette County. (New Circle Rd. & Newtown Pike). L-M has had an effective monopoly in Kentucky's second-largest county for decades.
KYTC awarded $131.9 million in single-bid asphalt-related contracts in October '23, including a $40.1 million contract in Pike County to Mountain Enterprises.
In May, KYTC gave Scotty's Contracting a $64.5 million award for an I-65 project in Hardin/Bullitt. If KYTC had required a second bidder for this project, the state could have saved $14.5 million.
This latest year of single-bids strengthens my belief that Kentucky taxpayers deserve a full audit of KYTC's bidding practices. #AuditKYTC
As I've done in the past, I welcome any feedback from KYTC or the industry if they identify any errors in the data. If I have made errors, I will be happy to make corrections.
Please let me know if you have any questions about the information in this correspondence.
--
Andrew McNeill
President & Senior Policy Fellow
KY Forum for Rights, Economics & Education
KYGA 2024 Week 7
This week, several bills were filed in the area of criminal justice reform including bills on both the House and Senate side establishing an automatic expungement process for specific eligible misdemeanor and felony convictions.
Below are some bill highlights so far this session: legislation that aligns with KYFREE’s policy principles is highlighted in green; legislation that contradicts our principles is highlighted in red.
Constitutional amendment allow the GA to spend money outside the common schools system
Establishes a one-time pension COLA for state retirement employees
Allows universal recognition of occupational licenses and government certifications
Establishes limitations on use and sale of data captured by automated license plate readers
Allows homeschool students to receive KEES based on standardized scores
Defines "government" and "substantially burden” in terms of religious liberty; outlines relief that may be sought if government violates religious liberty
Expands parental rights in schools
Establishes the Tax Expenditure and Economic Development Incentive Review Board to evaluate tax expenditures and incentives awarded by the state
Constitutional amendment allowing the GA to reduce or eliminate property tax
Expands protections for students and teachers from being discriminated against for refusing to endorse a divisive concept
Allows homeschool students to receive KEES based on standardized scores
Raises minimum wage to $15/hr
Makes it easier for an individual to create a petition against a local property tax increase
Reestablishes the Certificate of Need Task Force
Exempts birthing centers from certificate of need laws
Exempts birthing centers from certificate of need laws
Modifies conditions under which a person is prohibited from taking actions without a certificate of need
Exempts various health facilities and services from certificate of need requirements
Requires that the Cabinet for Health and Family conduct public hearings on certificate of need applications
Constitutional amendment allow the GA to spend money outside the common schools system
Provides for referrals to treatment for persons charged with possession of controlled substances
Appropriates $95 million from the budget reserve trust fund to fund one-time supplemental payments to KRS retirees
Reaffirms the sovereignty of Kentucky
Ends estate and inheritance tax beginning August 1, 2024
Prohibits a public agency or any other entity created by an act of the General Assembly from using public funds for lobbying activity or to employ or enter into a contract with a lobbyist
Prohibits a public agency or any other entity created by an act of the General Assembly from using public funds for lobbying activity or to employ or enter into a contract with a lobbyist
Recalculates TIF revenues for potentially distressed projects
Reforms Certificate of Need laws
Establishes the Support Education Excellence in Kentucky (SEEK) Task Force
Protects individuals who provide emergency assistance to those in an overdose situation
Requires the Board of Education to determine the number of local school board members based on population
reestablishes prevailing wage
Establishes the Efficient and Effective School District Governance Task Force
Establishes of a Workforce Innovation Task Force
Establishes the Efficient and Effective School District Governance Task Force
Establishes the Teacher Red Tape Reduction Task Force to study and make recommendations to identify outdated, redundant, or unnecessary mandates imposed upon teachers
Establishes an automatic expungement process for specific eligible misdemeanor and felony convictions
Proposes to amend the Constitution of Kentucky to automatically restore the voting rights of persons convicted of certain felonies
Establishes an automatic expungement process for specific eligible misdemeanor and felony convictions
KYFREE & ACLU of KY JOIN TOGETHER TO CALL FOR CHANGES TO HB5
The Kentucky Forum for Rights, Economics and Education (KY FREE) and the ACLU of Kentucky join together to call for substantive changes to House Bill 5, The Safer Kentucky Act.
ACLU-KY and KY FREE released the following statement:
Both organizations appreciate the sponsors’ efforts to address violent crime in our state and commend their commitment to protecting Kentucky’s residents.
While we believe there are provisions within the legislation that will enhance public safety, others are based on failed strategies from the past. Increasing penalties and enhancements are unlikely to provide long-term, sustainable solutions that make Kentucky safer.
Additionally, without a detailed fiscal impact statement for HB 5, we can’t know what the increase in the taxpayer burden will be to support the “significant” corrections impact this bill will have, both on state and local government.
Removing the option for parole, for example, only guarantees an increase in Corrections costs, not an improvement in public safety. We believe it’s a mistake to consider this legislation without providing the public and the General Assembly ample opportunity to review a fiscal impact study.
Both organizations signed off on a position statement recommending the following changes to the legislation:
· “Three strikes” doesn’t deter crime. Strike the repeat violent offender enhancements. Instead, focus law enforcement and judicial resources on enforcing the current penalties for persistent violent offenders.
• Measuring recidivism is a good idea. Precise language will make it more effective and actionable.
· If “carjacking” is going to be defined in statute, it should distinguish between a 1st and 2nd degree offense.
· Enhancing “shopkeeper’s privilege” and “stand your ground” statutes will increase the possibility of violent encounters. Strike the HB5 provisions expanding them.
· The language regarding the murder of or attempted murder of a first responder needs clarity. Provide for the possibility of probation or parole to allow judges to determine if there are circumstances warranting them.
· Strike enhancement language related to knowingly distributing or selling fentanyl.
Show Me the Money: Proposed New Board Would Scrutinize Tax Breaks
“Corporate welfare” is a phrase using political dirty words from both the left and the right, respectively. When put together, the term “corporate welfare” seems to disgust everyone across the political spectrum. Yet, tax incentives and expenditures for wealthy corporations and big businesses remain high.
A new bill in the KY House seeks to ensure taxpayers are getting their money’s worth.
House Bill 58, sponsored by Rep. Ken Fleming, R-Louisville, would establish the Tax Expenditure and Economic Development Incentive Review Board. The board would evaluate past incentives, calculate their estimated annual revenue loss or gain, and offer recommendations for potential adjustments.
Key points of HB 58:
The board will review, analyze, and provide recommendations on all tax expenditures and economic development incentives offered by the state.
The board will be composed of 12 members, appointed by the leadership of the Kentucky General Assembly.
The board will have the authority to:
Require agencies to provide information necessary for its evaluations.
Conduct public hearings and solicit testimony.
Establish a uniform format for reports and information submitted to the board.
Hire experts and consultants to assist with evaluations.
Contract with private organizations for research and analysis.
The board will be required to:
Conduct a systematic review of all tax expenditures and economic development incentives, prioritizing based on impact and political sensitivity.
Create a yearly schedule for reviewing specific incentives.
Develop recommendations for ending, amending, or continuing existing incentives.
Identify and list all existing incentives, along with their purpose, goals, beneficiaries, and usage.
Research issues related to existing or proposed incentives.
Develop standardized reporting requirements for agencies.
Evaluate proposed changes to laws that include incentives, at the request of certain legislative leaders.
Review new or amended administrative regulations that include incentives.
Publish an annual report with its findings and recommendations.
The bill also includes provisions for:
Limiting the duration of new incentives to five years.
Requiring new incentives to have stated purposes, goals, and performance measurements.
Requiring data collection and reporting for evaluating incentives.
Allowing the board to review proposed incentives before they are assigned to committees.
Assigning unique numbers to taxpayers for tracking incentive usage.
Requiring the Department of Revenue and other agencies to collaborate with the board.
Expanding the responsibilities of the Governor's Office for Economic Analysis to include providing detailed estimates of revenue losses from tax expenditures and economic development incentives.
Overall, this bill aims to increase transparency and accountability in Kentucky's use of tax expenditures and economic development incentives. It’s the corporate welfare watchdog we’ve been waiting for.
KYGA 2024 Week 6
This week, KY Rep. Timmy Truett, R - McKee, introduced a bill to establish a Task Force to look into the Support Education Excellence in KY (SEEK) formula which determines funding allocation from the state to local school districts. With demographic shifts and changes in educational needs, the existing formula is outdated and it’s time for lawmakers to update how they calculate providing adequate funding for districts.
Below are some bill highlights so far this session: legislation that aligns with KYFREE’s policy principles is highlighted in green; legislation that contradicts our principles is highlighted in red.
Constitutional amendment allow the GA to spend money outside the common schools system
Establishes a one-time pension COLA for state retirement employees
Allows universal recognition of occupational licenses and government certifications
Establishes limitations on use and sale of data captured by automated license plate readers
Allows homeschool students to receive KEES based on standardized scores
Defines "government" and "substantially burden” in terms of religious liberty; outlines relief that may be sought if government violates religious liberty
Expands parental rights in schools
Establishes the Tax Expenditure and Economic Development Incentive Review Board to evaluate tax expenditures and incentives awarded by the state
Constitutional amendment allowing the GA to reduce or eliminate property tax
Expands protections for students and teachers from being discriminated against for refusing to endorse a divisive concept
Allows homeschool students to receive KEES based on standardized scores
Raises minimum wage to $15/hr
Makes it easier for an individual to create a petition against a local property tax increase
Reestablishes the Certificate of Need Task Force
Exempts birthing centers from certificate of need laws
Exempts birthing centers from certificate of need laws
Modifies conditions under which a person is prohibited from taking actions without a certificate of need
Exempts various health facilities and services from certificate of need requirements
Requires that the Cabinet for Health and Family conduct public hearings on certificate of need applications
Constitutional amendment allow the GA to spend money outside the common schools system
Provides for referrals to treatment for persons charged with possession of controlled substances
Appropriates $95 million from the budget reserve trust fund to fund one-time supplemental payments to KRS retirees
Reaffirms the sovereignty of Kentucky
Ends estate and inheritance tax beginning August 1, 2024
Prohibits a public agency or any other entity created by an act of the General Assembly from using public funds for lobbying activity or to employ or enter into a contract with a lobbyist
Prohibits a public agency or any other entity created by an act of the General Assembly from using public funds for lobbying activity or to employ or enter into a contract with a lobbyist
Recalculates TIF revenues for potentially distressed projects
Reforms Certificate of Need laws
Establishes the Support Education Excellence in Kentucky (SEEK) Task Force
Protects individuals who provide emergency assistance to those in an overdose situation
Requires the Board of Education to determine the number of local school board members based on population
HB 508 - Camuel - reestablishes prevailing wage
Legislator seeks to cut housing red tape
Home prices - whether building, buying or renting - have gone through the roof. Recognizing this, Rep. Steven Doan, R-Erlanger, has started an interesting conversation about whether overhauling restrictive planning and zoning regulations could stimulate the market for housing.
Named the Housing Opportunities Made Easier Act (HOME Act), House Bill 102 aims to make it easier and cheaper to build and rent housing in Kentucky by reducing red tape and streamlining permitting processes.
Key provisions:
Zoning:
Minimum square footage requirements for dwellings and lots are prohibited.
Design requirements on aesthetics are limited to health, safety, and structural integrity.
Duplexes are allowed in all zones that allow single-family homes.
Triplexes and quadplexes are allowed in some zones that allow single-family homes.
Secondary dwelling units (tiny homes, attached/detached units) are allowed on single-family zoned lots with reasonable restrictions.
Mobile tiny homes can be rented on single-family zoned lots.
Permitting and approvals:
Permits for dwellings and variances are deemed approved if not denied within 60 days (30 days for secondary dwelling units).
Maximum of two hearings for permits and variances.
Reasonable fees and studies for permits and variances.
Conditions for permits and variances must be clear and cannot be modified later.
Other provisions:
Dwelling construction not conditioned on minimum parking near public transportation.
Home occupations allowed with reasonable restrictions.
Residential uses allowed in commercial zones.
Restrictions on renting dwellings are prohibited (number, rent, duration, occupants, permits).
Zoning ordinances must have a clear connection to public safety and health, or are invalid.
Right to challenge violations in court, with attorney fees for successful challenges.
Estoppel defense for reasonable reliance on government interpretations.
Political subdivisions must amend zoning codes within 12 months to comply.
Exemptions:
Homeowners' associations and private deed-restricted communities.
Creation of new dwellings in non-residential zones.
Specific uses like tents and single-family homes.
The HOME Act could revolutionize Kentucky's housing landscape by tackling affordability and accessibility. Its focus centers on reducing the red tape of zoning restrictions and streamlining the often-cumbersome permitting process. By eliminating minimum square footage mandates, relaxing aesthetic requirements, and allowing for more diverse housing types like duplexes and tiny homes, the bill aims to boost the housing supply. Streamlined permitting with clear timelines and reasonable fees, alongside restrictions on rent control and tenant restrictions, further encourages construction and renting.
Rep. Doan is enthusiastic about this legislation. The discussion that follows from it should be interesting and something KYFREE will be watching.
SB 27 would hamper bi-partisan effort to reform federal 340B prescription drug program
The federal 340B prescription drug program started out as a well-intended collaboration, created by Congress to help uninsured Americans access the medicines they need. However, in recent years it has grown exponentially in scope, leading to calls for federal reform and much-needed transparency.
The program is based on price controls and federal mandates to meet its objectives. Those market interventions were agreed upon by all the stakeholders, including pharmaceutical manufacturers, when the program was established thirty years ago.
Just recently, a bipartisan group in the Senate launched an investigation of 340B, citing their intent to, “seek information from stakeholders on bipartisan policy solutions to ensure the 340B program has the stability and oversight to continue to achieve its original intention of serving eligible patients,” and their commitment, “to addressing the concerns that have been raised by stakeholders as part of this process, including HRSA’s authorities and resources; contract pharmacy arrangements; the role of PBMs in the program; duplicate discounts; and the promotion of transparency and program integrity.”
The General Assembly is being asked in Senate Bill 27 to significantly expand the intent of the program. Doing so would contribute to a growing multi-state patchwork of laws and regulations that will only make it harder for Congress to reform the program. It would add confusion to an important topic while doing nothing to help patients access their medicines.
Congress – not individual state legislatures – is in the best position to ensure 340B continues to meet its original purpose: helping uninsured Americans access their medications..
KYFREE encourages the state Senate to shelve SB27 and let Congress deal with this federal program.
KYGA 2024 Week 5
This week, the House passed several appropriations bills establishing the budgets of various state entities (House Bills 1, 6, 262, 263 and 264).
Below are some bill highlights so far this session: legislation that aligns with KYFREE’s policy principles is highlighted in green; legislation that contradicts our principles is highlighted in red.
Constitutional amendment allow the GA to spend money outside the common schools system
Establishes a one-time pension COLA for state retirement employees
Allows universal recognition of occupational licenses and government certifications
Establishes limitations on use and sale of data captured by automated license plate readers
Allows homeschool students to receive KEES based on standardized scores
Defines "government" and "substantially burden” in terms of religious liberty; outlines relief that may be sought if government violates religious liberty
Expands parental rights in schools
Establishes the Tax Expenditure and Economic Development Incentive Review Board to evaluate tax expenditures and incentives awarded by the state
Constitutional amendment allowing the GA to reduce or eliminate property tax
Expands protections for students and teachers from being discriminated against for refusing to endorse a divisive concept
Allows homeschool students to receive KEES based on standardized scores
Raises minimum wage to $15/hr
Makes it easier for an individual to create a petition against a local property tax increase
Reestablishes the Certificate of Need Task Force
Exempts birthing centers from certificate of need laws
Exempts birthing centers from certificate of need laws
Modifies conditions under which a person is prohibited from taking actions without a certificate of need
Exempts various health facilities and services from certificate of need requirements
Requires that the Cabinet for Health and Family conduct public hearings on certificate of need applications
Constitutional amendment allow the GA to spend money outside the common schools system
Provides for referrals to treatment for persons charged with possession of controlled substances
Appropriates $95 million from the budget reserve trust fund to fund one-time supplemental payments to KRS retirees
Reaffirms the sovereignty of Kentucky
Ends estate and inheritance tax beginning August 1, 2024
Prohibits a public agency or any other entity created by an act of the General Assembly from using public funds for lobbying activity or to employ or enter into a contract with a lobbyist
Prohibits a public agency or any other entity created by an act of the General Assembly from using public funds for lobbying activity or to employ or enter into a contract with a lobbyist
Recalculates TIF revenues for potentially distressed projects
Reforms Certificate of Need laws
Establishes the Support Education Excellence in Kentucky (SEEK) Task Force
Protects individuals who provide emergency assistance to those in an overdose situation
Requires the Board of Education to determine the number of local school board members based on population
WDRB Guest POV | Kentucky consumers shouldn’t pay more to protect coal
Check out this link to KYFREE’s WDRB Guest Point of View on the emerging energy policy debate in the 2024 session of the Kentucky General Assembly. Full text below:
Leaders in the Kentucky General Assembly say energy policy is a priority this session. That means we'll likely see more legislation aimed at keeping coal-fired power plants open beyond their useful life.
The question I ask is how any potential changes will affect consumers?
Frankfort has always been protective of the state's coal industry. For decades, that aligned with providing the lowest-cost energy for ratepayers.
That has changed.
Federal regulations continue driving up the price of coal-fired electricity. Investing in natural gas generation is the least expensive option to heat our homes. Solar and wind are competitively priced.
The coal industry's talking points now focus on reliability. However, coal-fired generation can be just as vulnerable as natural gas during extreme cold. And policy shouldn't be based on rare occurrences.
In a state with deep connections to coal, these are hard facts to hear and harder to accept.
Two things can be true: Kentuckians want our coal industry to succeed but don't want to pay excessive energy prices to prop it up.
I'm Andrew McNeill with Kentucky FREE, and that's my point of view.
Andrew McNeill is president of the Kentucky Forum for Rights, Economics and Education, a conservative advocacy group for free market issues. He is a former executive director of the Kentucky Oil & Gas Association.
Worried about deep fakes, spies or stalkers? House Bill 45 has your back!
We live in an era of rapidly advancing technology. Often, this progress comes with increasing threats to individual privacy.
To address these emerging threats, Rep. John Hodgson, R-Louisville, has filed House Bill 45.
Overall, this bill aims to protect your privacy from various forms of surveillance and data collection technologies. It establishes limits on how law enforcement and other entities can use these technologies and grants individuals legal recourse in cases of privacy violations.
Here's a summary of the key points:
1. Automated License Plate Readers (ALPRs):
Law enforcement agencies and other entities using ALPRs can only retain captured data for 30 days, except in specific cases like felony investigations or subpoena requests.
Selling or sharing ALPR data is prohibited, and access is restricted to law enforcement and subpoena requests.
2. Unmanned Aircraft Systems (UAS):
Generally, using UAS to gather evidence or information is prohibited, with exceptions for:
Counterterrorism with specific authorization.
Search warrants.
Imminent danger situations.
Licensed businesses and professions (with limitations).
Utility maintenance and inspections.
Aerial mapping and cargo delivery (compliant with FAA regulations).
Capturing images for safe UAS operation.
Individuals whose property is captured by UAS without their consent can seek legal remedies, including damages and injunctive relief.
3. Deep Fakes:
Creating or disseminating deep fakes of individuals without their express written consent is prohibited.
Violators can be held liable for damages, injunctive relief, and attorney's fees.
Exceptions exist for specific situations like criminal investigations, public interest reporting, and artistic purposes with disclosure.
4. Identification Devices:
Requiring or coercing anyone to implant an identification device is prohibited.
Individuals implanted without consent can sue for damages and injunctive relief.
5. Dissemination of Deep Fakes as a Felony:
Intentionally disclosing or threatening to disclose deep fakes with malicious intent or potential for harm is a Class D felony.
6. Amendments to Tracking Device Laws:
Expands the definition of "tracking device" and clarifies unlawful use, including:
Installing on vehicles or persons without consent.
Tracking individuals or vehicles without consent.
Exceptions for vehicle navigation, emergency assistance, missing vehicle services, and parental tracking of minors.
Amidst the breakneck pace of tech development, we appreciate Rep. Hodgson’s forward-thinking approach to protecting privacy rights.
KYGA 2024 Week 4
This week, a second constitutional amendment advocating for educational freedom was introduced and has garnered strong support from multiple bill sponsors, including several prominent lawmakers in leadership positions. The proposed bill aims to empower the General Assembly to allocate funding for the education of students outside of the common school system. If the legislature approves this measure - a process requiring a 3/5 majority vote - the amendment will be presented to voters on the Nov. 5 ballot. It's important to note that while the amendment itself wouldn't establish specific programs, like funding for external tutors or textbooks, it would grant the General Assembly the authority to create such initiatives in future legislative sessions.
Below are some bill highlights so far this session: legislation that aligns with KYFREE’s policy principles is highlighted in green; legislation that contradicts our principles is highlighted in red.
Constitutional amendment allow the GA to spend money outside the common schools system
Establishes a one-time pension COLA for state retirement employees
Allows universal recognition of occupational licenses and government certifications
Establishes limitations on use and sale of data captured by automated license plate readers
Allows homeschool students to receive KEES based on standardized scores
Defines "government" and "substantially burden” in terms of religious liberty; outlines relief that may be sought if government violates religious liberty
Expands parental rights in schools
Establishes the Tax Expenditure and Economic Development Incentive Review Board to evaluate tax expenditures and incentives awarded by the state
Constitutional amendment allowing the GA to reduce or eliminate property tax
Expands protections for students and teachers from being discriminated against for refusing to endorse a divisive concept
Allows homeschool students to receive KEES based on standardized scores
Raises minimum wage to $15/hr
Makes it easier for an individual to create a petition against a local property tax increase
Reestablishes the Certificate of Need Task Force
Exempts birthing centers from certificate of need laws
Exempts birthing centers from certificate of need laws
Modifies conditions under which a person is prohibited from taking actions without a certificate of need
Exempts various health facilities and services from certificate of need requirements
Requires that the Cabinet for Health and Family conduct public hearings on certificate of need applications
Constitutional amendment allow the GA to spend money outside the common schools system
Provides for referrals to treatment for persons charged with possession of controlled substances
Appropriates $95 million from the budget reserve trust fund to fund one-time supplemental payments to KRS retirees
Reaffirms the sovereignty of Kentucky
Ends estate and inheritance tax beginning August 1, 2024
Prohibits a public agency or any other entity created by an act of the General Assembly from using public funds for lobbying activity or to employ or enter into a contract with a lobbyist
Prohibits a public agency or any other entity created by an act of the General Assembly from using public funds for lobbying activity or to employ or enter into a contract with a lobbyist
Recalculates TIF revenues for potentially distressed projects
Reforms Certificate of Need laws
“No there there” in Andy Beshear’s complaint about the House budget
Discussing HB6 last week, the AP’s Bruce Schreiner reported that Gov. Andy Beshear saved some of his “harshest comments” for the potential impact of the House budget on the state workforce.
Beshear claimed the proposed spending plan “would dramatically reduce state personnel by eliminating funding for up to 95% of vacant positions.”
As is often the case, Beshear is searching for a talking point the public might buy even when the evidence won’t support it.
For years, executive branch budgets have included funding for vacant positions. The idea being to have those positions funded so agencies could fill positions throughout the year. However, there’s always been more positions funded than agencies could realistically fill.
For example, during the Bevin years, DCBS would have 100+ vacancies for social workers. The funded vacancies were rarely utilized because it’s hard to hire social workers. When people left a job at DCBS (as many did) those positions opened up to bring in new hires.
In the last decade, when the budget office needed to solve a budget shortfall, a large part of the problem was handled with “vacancy credits”. Here’s an example I wrote about during my time at the Bluegrass Institute:
The Department for Behavioral Health, Development and Intellectual Disabilities provides services for people affected by mental illness, intellectual and developmental disabilities and substance abuse. Due to non-competitive wages and tough work conditions, the Department struggles to hire enough personnel.
Behavioral Health’s plan to reach the 1% General Fund reduction included $450,000 in vacancy credits. But, here’s the thing. The Department wasn’t going to fill those jobs by the end of the fiscal year, so those dollars were going to lapse to the General Fund anyway. In this respect, vacancy credits aren’t really budget reductions at all.
That’s why so-called “drastic” cuts never lead to layoffs. And, why the actual services provided by those agencies were rarely, if ever, impacted.
I’ve long thought right-sizing personnel vacancies was a great opportunity to achieve efficiencies in government spending.
Agencies retaining 5% of their vacancies will provide plenty of capacity to hire for positions that are needed and people want to apply for.
This is smart budgeting. The House should be applauded for their decision.
- AM
KYGA 2024 Week 3
This week, the House Judiciary Committee heard House Bill 5 - a contentious bill aimed at addressing violence in Louisville. You can watch our testimony before the committee here.
Below are some bill highlights so far this session: legislation that aligns with KYFREE’s policy principles is highlighted in green; legislation that contradicts our principles is highlighted in red.
Establishes a one-time pension COLA for state retirement employees
Allows universal recognition of occupational licenses and government certifications
Establishes limitations on use and sale of data captured by automated license plate readers
Allows homeschool students to receive KEES based on standardized scores
Defines "government" and "substantially burden” in terms of religious liberty; outlines relief that may be sought if government violates religious liberty
Expands parental rights in schools
Establishes the Tax Expenditure and Economic Development Incentive Review Board to evaluate tax expenditures and incentives awarded by the state
Constitutional amendment allowing the GA to reduce or eliminate property tax
Expands protections for students and teachers from being discriminated against for refusing to endorse a divisive concept
Allows homeschool students to receive KEES based on standardized scores
Raises minimum wage to $15/hr
Makes it easier for an individual to create a petition against a local property tax increase
Reestablishes the Certificate of Need Task Force
Exempts birthing centers from certificate of need laws
Exempts birthing centers from certificate of need laws
Modifies conditions under which a person is prohibited from taking actions without a certificate of need
Exempts various health facilities and services from certificate of need requirements
Requires that the Cabinet for Health and Family conduct public hearings on certificate of need applications
Constitutal amendment allow the GA to spend money outside the common schools system
Provides for referrals to treatment for persons charged with possession of controlled substances
Appropriates $95 million from the budget reserve trust fund to fund one-time supplemental payments to KRS retirees
Reaffirms the sovereignty of Kentucky
Ends estate and inheritance tax beginning August 1, 2024
Prohibits a public agency or any other entity created by an act of the General Assembly from using public funds for lobbying activity or to employ or enter into a contract with a lobbyist
KYFREE’s HB5 Testimony
Thank you Chairman & members of the Committee.
I’m Sarah Durand, the Vice President for Government Affairs with KYFREE, the Kentucky Forum for Rights, Economics and Education.
Our organization appreciates the sponsors’ efforts to address violent crime in our state and we commend your commitment to protecting Kentucky’s citizens.
As a center-right, fiscally conservative organization, one of our main concerns is the lack of a fiscal impact statement that provides sufficient clarity to consider the legislation.
Without those, we can’t know what will be the increase in the burden borne by taxpayers to support the state prison system. We believe it’s a mistake to consider this legislation without providing the public and members of the Committee enough time to review the corrections impact statement.
It's important to note, there are significant differences between the public safety challenges in urban areas and Kentucky’s rural counties. The consequences of HB5, intended and unintended, will impact communities in very different ways.
We do want to engage productively on this legislation and appreciate the bill sponsors and Chairman Elliot's willingness to have an open door to stakeholders.
Here are three recommendations we've made to improve HB5:
First, we understand that fentanyl is a problem that can’t be ignored - it’s taking too many KY lives. However, HB 5’s increase of penalties for a person who “knowingly” sells or distributes fentanyl ignores a unique problem in that it’s often unclear which drugs are cut with fentanyl. Users and distributors often don’t know - which is why overdose deaths are so high.
It also hurts Kentucky’s effort to save lives through the Good Samaritan Act that promises protection to individuals who provide emergency assistance to those in an overdose situation. This could unduly lead to more overdose deaths.
We recommend stepping up law enforcement efforts to stop fentanyl trafficking but striking the enhancement provisions related to “knowingly” distributing or selling fentanyl. We also recommend focusing efforts on harm reduction access as was done with decriminalizing detection strips.
Second, we recommend changes to the repeat violent offender enhancements. Removing the option for parole only guarantees an increase in Corrections costs, while not guaranteeing an improvement in public safety.
According to the National Institute of Justice, long sentences do little to deter individuals from committing crime. Instead, those serving time without the possibility of parole often present greater security risk to Corrections staff as they have no incentive to rehabilitate themselves. Men and women working in Corrections have an incredibly hard job. We shouldn't add more potential for harm in their workplace.
Last, we are concerned about the shopkeeper’s privilege section. Kentucky law already provides the ability for shopkeepers to detain someone they believe has stolen merchandise.
Adding language that allows for the use of “reasonable force” increases the potential for violent encounters with someone suspected of shoplifting.
The bill doesn’t define “reasonable force” for business owners or their employees and is likely to be interpreted differently depending on the individual. This will lead to encounters that put business owners, their employees and the public at greater risk of harm.
In closing, we appreciate many efforts made in this bill such as providing IDs for those reentering society from our prisons as well as efforts made by this body to increase prevention, treatment and resources to reduce substance abuse and address mental health issues.
Although we have concerns about important parts of this bill, we appreciate the sponsors' openness to our comments. And their desire to make Kentucky’s communities safer for our families.
KYGA 2024 Week 2
In the second week of the 2024 Kentucky legislative session, multiple bills were introduced that tackled our top priorities. These included a proposed constitutional amendment for education freedom and several crucial bills focused on reforming Certificate of Need (CON) laws, which have long been overdue.
Below are some highlights: legislation that aligns with KYFREE’s policy principles is highlighted in green; legislation that contradicts our principles is highlighted in red.
Establishes a one-time pension COLA for state retirement employees
Allows universal recognition of occupational licenses and government certifications
Establishes limitations on use and sale of data captured by automated license plate readers
Allows homeschool students to receive KEES based on standardized scores
Defines "government" and "substantially burden” in terms of religious liberty; outlines relief that may be sought if government violates religious liberty
Expands parental rights in schools
Establishes the Tax Expenditure and Economic Development Incentive Review Board to evaluate tax expenditures and incentives awarded by the state
Constitutional amendment allowing the GA to reduce or eliminate property tax
Expands protections for students and teachers from being discriminated against for refusing to endorse a divisive concept
Allows homeschool students to receive KEES based on standardized scores
Raises minimum wage to $15/hr
Makes it easier for an individual to create a petition against a local property tax increase
Reestablishes the Certificate of Need Task Force
Exempts birthing centers from certificate of need laws
Exempts birthing centers from certificate of need laws
Modifies conditions under which a person is prohibited from taking actions without a certificate of need
Exempts various health facilities and services from certificate of need requirements
Requires that the Cabinet for Health and Family conduct public hearings on certificate of need applications
Constitutal amendment allow the GA to spend money outside the common schools system
Provides for referrals to treatment for persons charged with possession of controlled substances
Appropriates $95 million from the budget reserve trust fund to fund one-time supplemental payments to KRS retirees