Week eight of the 2020 Regular Session is in the books. Now that we have passed the halfway point of this session, the countdown begins as we in the Senate anticipate the 2020-2022 budget bill from the House of Representatives, which we are expecting to receive by early March.
While crafting the biennial budget remains at the forefront of everyone's minds, we are staying the course to uphold our other legislative obligations as members of the General Assembly by passing bills that include specific reforms and amendments to help us move the Commonwealth forward.
I am pleased to announce that this year's school safety measure, Senate Bill (SB) 8, has been signed into law by the Governor. Passing both chambers with bipartisan support, SB 8 requires the trained and certified law enforcement officers already serving in Kentucky schools to be armed. The School Safety and Resiliency Act, which passed in 2019, implemented additional security and safety standards for schools, such as the requirement of a school resource officer and increased mental health services. I am encouraged by this momentous stride made by the General Assembly to better protect students within our school walls and I'm proud to have a role in these efforts!
The Senate passed three constitutional amendments this week, all of which relate to responsible criminal justice reform. Constitutional amendments passed by the Kentucky General Assembly go through a slightly different process than regular bills by also requiring the approval of Kentucky voters. If a legislatively referred constitutional amendment is passed by both chambers, the proposed amendment will be placed on the ballot at the next general election during which members of the state legislature are up for election. If approved by a simple majority of voters, it becomes part of the constitution.
Passing early in the week was Senate Bill (SB) 15, or "Marsy's Law." This measure would enshrine in the Kentucky Constitution certain rights for crime victims, including the right to be notified of all criminal court proceedings involving the accused, and reasonable protection from the accused. Kentucky voters approved this law in 2018, with 63 percent support. However, the Supreme Court ruled that the question on the ballot was too vague, therefore voiding the vote. SB 15 includes updated language and improvements. Moreover, as a co-sponsor of the bill I hope to see Marsy's Law on the ballot again this November.
Another constitutional amendment advancing this week is SB 58, which would curtail a governor's ability to issue pardons on the way out of office. In other words, a governor would not be able to issue pardons or commutations during a certain period of time, beginning thirty days prior to the gubernatorial election and ending on the fifth Tuesday after the election—before the next governor is sworn in.
Sections of the Kentucky Constitution granting a governor the power to pardon date back to 1891, when it wasn't unheard of to duel—the kind involving guns. Since then, our society and the composition of our judicial system has changed dramatically. It's important to keep in mind that the power to pardon allows one man or woman to override the judgement of multiple authorities and officials within our criminal justice system. To limit the possibility of political corruption, SB 58 implements overdue, responsible oversight to a governor's power to pardon.
Also passing was SB 62. This measure would grant the General Assembly the authority to establish standards for giving persons convicted of certain felonies the right to vote. However, the new process to restore voting rights would exclude those convicted of treason, bribery in an election, a violent offense, a sex offense or an offense against a child. Currently, Kentucky is one of only two states, along with Iowa, with a lifetime voting ban for felons. Although there was an executive order put into place in late 2019, there are still around 170,000 Kentuckians that are still without the right to vote due to a prior felony conviction. If approved by the House and Kentucky voters, SB 62 could give certain felons a clearer path to regaining their voting rights.
An act relating to blockchain technology is also heading to the House following its passage this week. SB 55 establishes a blockchain technology working group attached to the Commonwealth Office of Technology to evaluate the feasibility and efficiency of using blockchain technology to enhance the security protection of Kentucky's critical infrastructure. If you aren't already familiar, blockchain technology allows digital information to be distributed but not copied, and, in many ways, has become the backbone of a new type of internet. Originally devised for the digital currency, Bitcoin Blockchain, the tech community has now found other potential uses for the technology. I am proud to support this measure and look forward to seeing continued technological advancements here in the Commonwealth.
The Senate also passed a number of other bills this week:
SB 132- Adds individuals with state-issued personal identification cards to a master list of potential jurors, giving us a wider representation of our communities within our jury pools. The list of potential jurors was last expanded by the General Assembly in 2002.
SB 160- Reorganizes the Office of the Attorney General into the following major organizational units: Criminal Division, Civil Division, Office of the Solicitor General, the Office of Communications, and the Office of Administrative Services. Language within SB 160 also creates the position of Solicitor General.
HB 24- Appropriates funding to the Department of Veterans' Affairs in fiscal year 2019-2020 for design and preconstruction costs for the Bowling Green Veterans Center.
HB 214- Ensures the availability of a sufficient veterinary workforce through the Veterinary Contract Spaces Program. Given there are not any Veterinary schools in Kentucky, this program provides financial assistance and access to key students seeking a veterinary education at participating out of state veterinary schools.
I also want to take a moment to make you aware that for months I have been working with several groups and individuals throughout the state to develop legislation designed to clarify and improve the statutes related to the mandatory reporting of abuse, neglect, dependency and child trafficking. Those involved in this process include the school superintendents in the 2nd Senate District, McCracken County Attorney Sam Clymer, McCracken County Sherriff Matt Carter, and LOTUS. We have gone through several bill drafts in an attempt to properly balance the needs of all impacted by these laws. Unfortunately, we have come an impasse for this legislative session, but our efforts will continue until a bill draft is finalized. To this end, we plan to bring all the stakeholders together following the session in order to work through concerns.
It is imperative that we clarify that a suspected incident of this nature must be reported immediately upon a determination of "reasonable cause." Additionally, we need to give schools and other entities the latitude to take certain investigative steps to determine "reasonable cause" to believe a child has been victimized, as spelled out in the statute. However, we must also be sensitive to the needs of the investigating agency, whether it be law enforcement or the Department for Community Based Services, to ensure that the school or other entity does not take steps that could taint any criminal investigation that might follow. This is a very difficult balance, but I am optimistic that we will come to a resolution that is in the best interest of our children.
The pace in Frankfort is getting quicker and I anticipate an increase of visitors and advocates from across the Commonwealth. As always, I welcome your input on these issues. I am honored to be your voice in Frankfort.
If you have any questions or comments about these issues or any other public policy issue, please call me toll-free at 1-800-372-7181 or email me at danny.carroll@lrc.ky.gov. I am grateful for the opportunity to serve you in the Kentucky State Senate and value your feedback throughout the 2020 legislative session.
Senator Danny Carroll (R-Paducah) represents the 2nd District encompassing Ballard, Carlisle, Marshall and McCracken counties. Senator Carroll is the chairman of the Senate Economic Development, Tourism, and Labor Committee, as well as the co-chairman of the Program Review and Investigations Committee. He also serves as a member of the Health and Welfare Committee, the Judiciary Committee and the Medicaid Oversight Committee. Sen Carroll is also a member of the Governor's Early Childhood Advisory Council (ECAC), and on a national level, a member of the National Conference of State Legislatures (NCSL) Nuclear Legislative Working Group.
