Protecting Kentucky’s

constitution

By Sara Beth Gregory, 16th District Senator

As we approach the end of the session, the days are increasingly long and busy in Frankfort. A number of bills have now passed both Chambers, and the Senate’s work on the budget has intensified.

On Monday, I presented Senate Bill 221, which passed the Senate by a vote of 31-6, with one pass vote. This legislation was prompted by the recent federal court ruling on Section 233A of the Kentucky Constitution. Section 233A was overwhelmingly approved by Kentucky voters in 2004 and states that only marriages between “one man and one woman” will be recognized in our state. The federal court ruled that Kentucky must now recognize marriages performed in other states that do not fit this description, and Attorney General Jack Conway decided not to appeal the ruling. It is very important to ensure that our laws and Constitution are defended.

The Governor has chosen to appeal the court decision, but my legislation also would give the President of the Senate and Speaker of the House standing to intervene in cases to defend a statute or constitutional provision if the Attorney General or Governor fails to adequately do so. The legislative leaders are in the best position to know the intent and rationale of legislation that has been passed, and this bill would assure that they can go to court to defend our laws when the other constitutional officers will not fulfill their duty.

Senate Bill 221 would also clarify the requirement that money obtained for the Commonwealth in a legal action must be deposited in the general fund surplus account for future appropriation by the General Assembly. This year, Attorney General Conway obtained a sizeable settlement against certain drug manufacturers and has attempted to spend the settlement funds without appropriation by the General Assembly.

The Senate also worked this week to pass legislation to give relief to school districts who have missed a lot of days this year due to bad weather. The legislation is House Bill 211, but a compromise has not been reached yet on the best way to provide this relief in a manner that ensures sufficient instructional time is maintained for students. A conference committee of House and Senate members will seek to resolve the issue soon to allow districts to make plans for the remainder of the school year.

We also passed Senate Bill 205, which would permit a Kentucky candidate to seek two offices in the same election year if one of those offices is President or Vice President of the United States. In my view, it would be a great thing for Kentucky to have one of our own holding either of these offices, regardless of political affiliation. The legislation is similar to the Wisconsin law that permitted Congressman Paul Ryan to be on the ballot for both U.S. Congress and Vice President in 2012.

Senate Bill 176 also passed the Senate this week. This legislation would give kinship caregivers the ability to complete an affidavit affirming their role to authorize medical treatment and educational services, including school enrollment, for the children in their care. Nearly 60,000 children in the state are primarily cared for by grandparents or other relatives. This measure would eliminate a barrier these families face when caring for their young relatives and help keep these families out of court. The bill also establishes penalties for misuse of the affidavit and conditions for revocation of the document.

In news from the other chamber, two of my sponsored bills were favorably expressed by House committees. Senate Bill 98, to create an adult protection registry, and Senate Bill 100, to create an electronic application system for concealed deadly weapon licenses, both await a vote on the House Floor.

Sadly, Senate Bill 3 to require a woman considering an abortion to have a face-to-face conversation with a health care provider was defeated in the House Health & Welfare Committee. I am very disappointed to see this commonsense, pro-life measure fail to reach the House Floor for a vote, where there is little doubt it would pass. The same committee also voted down bills that would have required the opportunity to view an ultrasound before an abortion.

As always, I invite you to contact me with feedback or concerns about legislative issues that interest you. You may contact me in Frankfort at 502-564-8100, toll-free at our message line, 800-372-7181, or by e-mail at sara.gregory@lrc.ky.gov. More information about the work of the Legislature is available on the Legislative Research Commission website, www.lrc.ky.gov, and you may also watch legislative proceedings live online at www.ket.org.

by Kentucky Senator

Sara Beth Gregory

16th Senatorial District