Legislative Update

Posted April 7, 2015 at 5:50 pm

Life-saving, landmark legislation achieved in closing hours of session

By Max Wise, 16th District Senator

Life-saving, landmark legislation was achieved by the Kentucky General Assembly during the final hours of the 2015 short session. Senate Bill 192, a comprehensive approach to address the scourge of heroin addiction in Kentucky reached final passage after countless hours of bipartisan work throughout this session. In fact, this is the third year that the Senate has led the charge on heroin legislation. The bill was signed into law Wednesday morning by Gov. Beshear, and is now in effect due to an emergency clause.

The legislation will provide new tools to curb the deadly impact of heroin in our state. Penalties for dealing and trafficking increase to keep these criminals off the streets.

New provisions include a new crime punishable by up to 10 years in prison for importing heroin into Kentucky with the intent to distribute or sell it . Addicts will have more resources for treatment and diversion with an infusion of over $10 million to go toward rehabilitation options .

Also local elected officials will have options of setting up needle exchanges which is hoped to prevent the spread of diseases like HIV and Hepatitis C and bring addicts into health centers where they may receive treatment referral.

The bottom line is, this legislation hopes to lessen access to heroin, and most importantly, save more lives lost to overdose and other lethal results of heroin use.

Working well past midnight on the final day of the session, other critical measures were resolved through intense negotiations between the Senate and the House. Our forefathers and architects of the constitution deliberately made law-making complex, and for good reason. Using the process in place, we were able to reach agreement on stabilizing the road fund important to Kentucky’s infrastructure, and add a layer of protection to victims of dating violence.

To keep the road fund sound, The Senate and House agreed on House Bill 299 which sets a new minimum rate for the tax at 26 cents per gallon. That’s less than the current rate of 27.6 cents per gallon. After that, the rate may raise or fall as much as 10 percent a year, similar to the current system.

Senators answered a call to provide civil protection from domestic violence, sexual abuse or stalking in the form of a protective order by giving final passage to House Bill 8. The bill also streamlines the process to obtain protective orders for other victims, and allows an order to be expunged from someone’s record if a judge dismisses the order.

Currently, victims of dating violence in Kentucky must file criminal charges against their partner in the hope of preventing ongoing abuse.

Only victims who are married to, have a child with, or live with their abuser can seek civil protection from domestic violence or abuse, physical violence, or stalking as specified under current law. HB 6 provides the same protections under a different section of the statutes.

Combating heroin, resolving falling road fund revenues were two major needs that the Senate and House acted on in the final days of the session. However, other beneficial measures also were successful this year.

Child booster seats House Bill 315 requires booster seats to be used in motor vehicles by children who are less than eight years old and are between 40 inches and 57 inches in height.

Ignition interlock. Senate Bill 133 expands the use of ignition interlocks for people caught driving under the influence of alcohol. It supplements hardship licenses – special licenses allowing people with suspended licenses to drive to work, school and doctor’s appointments – with ignition interlocks.

That’s a device about the size of a mobile phone that is wired into the ignition system of a vehicle. A motorist must blow into the device in order to start their vehicle.

Tax check-offs. I sponsored Senate Bill 82 that creates state income tax refund check-offs to support pediatric cancer research and Kentucky’s rape crisis centers. SB 82 originally focused solely on creating a tax check-off to support pediatric cancer research but was amended to include a check-off for rape crisis centers.

My colleagues and I will go back to our districts now, and, beginning in the summer, continue to meet and work on issues during the interim period and through joint committee meetings.

A complete list of new laws is available on the Legislative Research Commission’s website, www.lrc.ky.gov. You are invited to contact me at my office in Frankfort by dialing 1-800-372-7181 of 502-564-8100.

Senator Max Wise (R-Campbellsville) represents the 16th District which encompasses Adair, Clinton, Cumberland, McCreary, Russell, Taylor, and Wayne counties. Senator Wise serves as Chair of the Senate Enrollment Committee; Vice Chair of Education Committee; and a member of Appropriations and Revenue Committee;; Economic Development, Tourism and Labor Committee; Health and Welfare Committee; and Veterans, Military Affairs, and Public Protection Committee. He also serves as chair of the Budget Review Subcommittee on Transportation and member of Budget Review Subcommittee on Education, NR, and EP.