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Passed the Halfway Mark

Passed the Halfway Mark

We kicked off week nine of the 2020 Regular Session with a visit from two special guests in the Senate chamber, Save the Children Action Network President, Mark Shriver and award-winning actress, Jennifer Garner. Many might not know that Jennifer Garner grew up in West Virginia where she witnessed the effects of generational poverty on children, similar to those we see in rural Kentucky. With the help of local advocates, Ms. Garner and Mr. Shriver are working to preserve funding for Save the Children’s early childhood education and literacy programs, which serve more than 12,000 children throughout the Commonwealth. It was an honor to welcome them to Frankfort. 

The Kentucky General Assembly crossed another mile marker this week by reaching the deadline to file new bills. Slightly less than 1,000 bills were filed — 286 Senate bills and 647 House bills. With the bill filing deadline behind us, we now have a more complete view of the issues lawmakers will take up this year. There are sure to be tough decisions and compromises made in the final weeks ahead.

Senate Bill (SB) 2, the proposed voter ID requirement, passed in the House on Tuesday with various amendments to find a compromise among House members.  However, the Senate voted to “not concur” with these changes, and is therefore asking the House to recede from its changes to the bill.  If the House does not “recede,” SB 2 may then move to a conference committee, made up of both House and Senate members, for further discussion.  If a compromise between chambers can be hammered out, the Conference Committee issues a new draft that then gets a vote in each chamber.

The medical marijuana bill, HB 136, was referred to the Senate Judiciary Committee this week and I’m continuing to read through the proposal, marking it up with questions and comments. I plan to meet with the bill sponsor next week to work through those concerns. Separately, House Resolution 5, which urges national drug organizations, such as the U.S. Food and Drug Administration, to expedite research into the potential therapeutic benefits and risks of using marijuana for health purposes, passed the Senate with broad bipartisan support.

Today, women make up less than 25 percent of the tech and computer science workforce. SB 193 establishes a goal of increasing participation in computer science courses by underrepresented groups, including females, minorities, students with disabilities, English language learners, and students whose families are eligible for free or reduced-price lunch. SB 193 includes the number of computer science courses or programs offered in each school, as well as the nature of those courses or programs, and the number of instructors required. I am proud to support this bill and hope to see an increase in computer science participation upon its passage. 

In the healthcare space, we’ve been active on several bills including a measure which passed this week to rein in “surprise medical billing.” This occurs when patients receive care — often unwittingly — outside of their insurer’s network and subsequently get a bill for inordinate amounts of money that can potentially bankrupt a family. SB 150 seeks to stop the practice by requiring insurers to cover surprise medical billing. SB 150 would require the state insurance commissioner to establish a database of billed health care service charges, and it would provide a dispute resolution program for medical insurers and providers to work out their differences over these out-of-network charges, not the patient.  While the bill isn’t as aggressive as I’d like, we hope it spares families from getting hit with bills that send them over a financial cliff.

Once again, a bill to criminalize the “doxing” of minors, SB 182, passed the Senate. By definition, doxing is the act of publicly identifying or publishing private information about someone, especially as a form of punishment, intimidation, or revenge. This legislation stems from the students in Northern Kentucky who were doxed following the posting last year of an infamous video of a student with a Native American protester in Washington D.C. The students at that school and even their families have been threatened and harassed by strangers seeking to intimidate them. SB 182 is a commonsense step to address the growing problem of cyber harassment in today’s digital-driven era, and would protect the privacy of minors.

As usual, a number of other bills moved through the Senate this week, including these:

SB 21 allows veterinarians to report the abuse of animals under their care. Currently, veterinarians are prohibited by law from reporting abuse of animals under their care unless they have the permission of the owner or are under a court order. 

SB 80 is the statutory companion to the Marsy’s Law constitutional amendment (SB15), and is identical to the process from 2018 when it last passed. SB 80 lays out various implementation details for Marsy’s Law including expanding the definition of victim to include all felony offenses and the most serious misdemeanors, what happens when there are multiple victims, or who has the power to assert the victim’s rights if a victim is deceased.  These statutory changes are contingent on the ratification of Marsy’s Law by the voters.

SJR 35 directs the Cabinet for Health and Family Services to establish the Task Force on Services for Persons with Brain Injuries.

SB 115 amends the statute regarding the tuition waiver for Kentucky foster or adopted children to include graduate programs and extends the eligibility time period to 10 consecutive or non-consecutive semesters up to age 28.

SB 136 requires home health aides who have not provided services to clients who have Alzheimer’s disease or other forms of dementia to complete four hours of approved dementia training. 

SB 148 Requires individuals applying to claim certain agriculture exceptions to first apply for an agriculture exemption number from the Kentucky Department of Revenue (DOR). The bill further requires that DOR develop a searchable agriculture exemption number database for sellers and retailers to use for verification. 

SB 159 sets regulations for the operation and maintenance of splash parks and to establish their separation from facilities with full-blown swimming pool installations.

Thank you for staying engaged in the legislative process. It is an honor to serve you in Frankfort and I welcome your questions and comments about these issues or any other public policy issue, As always, please call me toll-free at 1-800-372-7181, email me at Whitney.Westerfield@LRC.ky.gov.

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Note: Senator Whitney Westerfield (R-Hopkinsville) represents the 3rd District including Christian, Logan, and Todd counties. He is the chairman of the Judiciary Committee. Senator Westerfield also serves as a member on the Veterans, Military Affairs and Public Protection Committee; the Agriculture Committee; the Capital Planning Advisory Board; the Natural Resources and Energy Committee; the Tobacco Settlement Agreement Fund Oversight Committee; the Program Review and Investigations Committee; the Child Welfare Oversight and Advisory Committee; the Public Assistance Reform Task Force, and as a liaison member of the Budget Review Subcommittee on Justice and Judiciary. For a high-resolution .jpeg of Senator Westerfield, please visit https://legislature.ky.gov/Legislators%20Full%20Res%20Images/senate103.jpg

2020 — Week 1

2020 — Week 1

The first week of the 2020 Regular Session of the Kentucky General Assembly has come to a close. We had a productive week in Frankfort and left with confidence in what the session has in store. It was a pleasure to begin the session on Tuesday with a visit from the 100th Army Band from Fort Knox, who performed an extraordinary rendition of "My Old Kentucky Home" and our National Anthem.

As with the early stages of any session of the General Assembly, some procedural measures were in order. The Senate members have listened to feedback from our constituents and have prioritized several pieces of legislation that are hopeful of passing this session. Those bills, among others, were assigned to their respective committees this week. Committee hearings begin next week and provide the public an opportunity to hear about the legislation.

The legislation I have or intend to file is of significant importance to me. One, in particular, is Senate Bill 9, the Born Alive Infant Protection Act. This bill would require that physicians and other health workers to do everything possible to save the life of an infant born alive after a failed abortion attempt. I am proud to be the sponsor of this crucial legislation to protect and provide dignity to those most in need of it. 

As your Senator in District 3, I also feel it is essential to provide dignity to crime victims by allowing them a seat at the table within the criminal justice process. I have once again filed legislation in support of a victim's rights constitutional amendment, known as Marsy's Law.  Both the Kentucky General Assembly and more than 800,000 (63%) Kentucky voters overwhelmingly supported Marsy’s Law in 2018. Victims across the Commonwealth breathed a sigh of relief knowing they would be afforded the constitutional rights they deserve. Unfortunately, the Kentucky Supreme Court overturned the clear will of the people on a technicality which ignored more than a hundred years of established legal precedent. It is important to note that the Supreme Court made no ruling on the substance of Marsy’s Law. And, the General Assembly willing, Kentucky voters will have another opportunity to support this important amendment for crime victims on the 2020 ballot. 

Bills must be presented at a public committee meeting and passed with a majority vote before heading back to the Senate to be voted on by the entire Senate body. If the bill is approved by the Senate, it heads to the Kentucky House, where the same process occurs. Once a bill is passed by both chambers it is submitted to the Governor for his signature or veto.

The proverbial elephant in the room for the 2020 session is, of course, the General Assembly's duty to pass a balanced two-year budget and two-year road plan. My colleagues and I in the Kentucky Senate are working diligently with members of the Kentucky State House in preparation for this crucial responsibility.  We are eager to hear the Governor’s budget address before a joint session of the General Assembly on January 28th, and get the budget process moving.

As always, if you have any questions or comments about these topics or any other public policy issue, please call me toll-free at 1-800-372-7181 or email me at Whitney.Westerfield@LRC.ky.gov.  You can also review the Legislature’s work online at www.legislature.ky.gov and live stream the proceedings and committee meetings of both chambers using the KET app or online at https://www.ket.org/legislature

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Note: Senator Whitney Westerfield (R-Hopkinsville) represents the 3rd District including Christian, Logan, and Todd counties. He is the chairman of the Judiciary Committee. Senator Westerfield also serves as a member on the Veterans, Military Affairs and Public Protection Committee; the Agriculture Committee; the Capital Planning Advisory Board; the Natural Resources and Energy Committee; the Tobacco Settlement Agreement Fund Oversight Committee; the Program Review and Investigations Committee; the Child Welfare Oversight and Advisory Committee; the Public Assistance Reform Task Force, and as a liaison member of the Budget Review Subcommittee on Justice and Judiciary. For a high-resolution .jpeg of Senator Westerfield, please visit https://legislature.ky.gov/Legislators%20Full%20Res%20Images/senate103.jpg

Follow the Money

Follow the Money

Less than 3 weeks away from the May Primary Election and the truth about one of the Democratic candidates for Governor finally finds its way to light.

Andy Beshear owes his political success, in part, to blood money from Purdue Pharma. We know his former firm was defending Purdue — the maker of the deadly oxycontin — against Kentucky. We know the outgoing AG’s office settled the “billion-dollar case” for peanuts because Purdue’s former lawyer just won election as Kentucky’s newest Attorney General and would be in charge of the lawsuit on the other side; a tremendous conflict of interest. We know Andy Beshear has repeatedly bragged, until Oklahoma’s recent $270 million settlement with the drug manufacturer, about how Kentucky’s was the largest settlement (at a paltry $24 million) in the country. We also know that Andy has repeatedly denied any connection with Purdue in his law practice.

The same cannot be said for his campaign to be AG. Three weeks out from Election Day, when the race was effectively tied, Andy’s good friends at Purdue Pharma dropped $100,000 to the Democratic Attorneys General Association (DAGA):

DAGA’s Form 8872, Year-End Report (2015), available here.

DAGA’s Form 8872, Year-End Report (2015), available here.

The very next day, DAGA sent a cool $250,000 to the Bluegrass Democratic Attorneys General Association, a PAC established to help Andy:

KREF Report

KREF Report

And on that same day, the Bluegrass DAGA sent the $250,000 to a SuperPAC formed to help Andy called the Bluegrass Alliance for Consumer Rights:

KREF Report

KREF Report

Andy Beshear should be ashamed. Maybe a call gets made near the end of the close campaign and a client arranges for some last minute help. Andy benefited from a timely donation of $100,000, earned from the addiction to a drug that was shamelessly and ruthlessly marketed and sold across the country, irreparably harming so many families in Kentucky alone.

This man does not deserve to be a public servant, much less the Governor of the Commonwealth.

Marsy's Law Ruling

Marsy's Law Ruling

Yesterday, October 15, the Franklin Circuit Court issued its ruling in the legal challenge by the Kentucky Association of Criminal Defense Lawyers to SB3 (2018), known widely as Marsy’s Law. The Court determined that the ballot question for this constitutional amendment addressing victims’ rights is unconstitutional. I profoundly disagree with this determination, and will seek transfer of the inevitable appeal directly to the Kentucky Supreme Court. As the sponsor of SB 3, I have worked tirelessly to elevate the voice of crime victims within the criminal justice system as a constitutional right, and I am steadfastly committed to this cause regardless of today’s ruling. I remain confident that SB 3 will be incorporated into the Kentucky Constitution by the voters of the Commonwealth.

These are the key takeaways to keep in mind:

  1. The ruling is being appealed; the notice of appeal was filed today.

  2. Marsy’s Law WILL STILL be on the ballot in November and we still NEED YOUR VOTE!

  3. The Judge’s ruling expressly allows for the Secretary of State to still count the ballots in support of Marsy’s Law. This was done to allow for the orderly appeal process in which we are now engaged.

  4. Our fight to ensure crime victims the rights and respect they deserve continues stronger than ever!

  5. For more information about Marsy’s Law, FAQ, endorsements and news releases, please visit https://www.victimsrightsky.com/

  6. A misleading narrative keeps popping up that Marsy’s Law will weaken the presumption of innocence. This is FALSE. In fact, the proposed amendment specifically includes language that clearly states “Nothing in this section shall afford the victim party status, or be construed as altering the presumption of innocence in the criminal justice system.” (SB3, p.2, Lines 7-8)

You can find PDF’s of my statement, the Franklin Circuit Court’s ruling and the full text of Marsy’s Law below. Stay up to date on the case by bookmarking this site, or by following on Twitter and Facebook (linked below). I’ll keep updates posted as I have them.

KYTC Traffic Advisory

KYTC Traffic Advisory

A heads up for I-24 summer travelers through West Kentucky from the Transportation Cabinet: 


Traffic ADVISORY

As a reminder, EASTBOUND traffic continues to be restricted to ONE LANE along Interstate 24 at the Tennessee River Bridge at the 30 mile marker in Kentucky.

I-24 eastbound traffic is restricted to one lane at the 30 mile marker due to a defective finger joint on the bridge deck.  All traffic is moved to the left-hand or passing lane on the bridge.

A $1.1 million contract for replacement of the joint and other work on the bridge was issued to American Contracting & Services, Inc., on May 2, 2018.  Due to close tolerance design requirements for the new joint, fabrication of a new joint is a tedious process.  At this time, it appears a new joint will not be ready for the contractor to start installation until well after the July 4th Holiday.  Therefore, this lane restriction will have to remain in place long-term.

Eastbound motorists traveling I24 should continue to be alert for slowing and merging traffic as they approach this lane restriction at the 30 mile marker. To aid in traffic flow at this location, motorists should start moving to the left-hand or passing lane after they pass the US 62 Exit 27 Overpass.

Some traffic delays have been evident at this site during peak travel periods each Friday afternoon and on weekends.  Traffic backups of 2 to 3 miles have occasionally been observed at this site.  This will especially be the case for busy July 4th Independence Day Holiday travel period.

While lane restrictions will be taken down wherever possible to prepare for the high traffic volume expected over the July 4thIndependence Day Holiday, this work zone lane restriction will have to remain in place.

To reduce the potential for delays, eastbound motorists on I-24 may choose to self-detour around this lane restriction via US 62 East and KY 453 North between I-24 Exit 27 at Calvert City and I-24 Exit 31 at Grand Rivers or I-24 Exit 40 at Eddyville.

The Interstate 24 Tennessee River Bridges are twin tied arch suspension bridges at mile point 29.352 at the Marshall-Livingston County Line.

The 2,017 ft. bridges with a 534 ft. main span are also known as the Luther Draffen Bridge. The bridges opened to traffic in 1974. The structure carries approximately 30,000 vehicles across the Tennessee River in an average day.

Timely traffic advisories for the 12 counties of KYTC Highway District 1 are available by going to www.facebook.com/kytcdistrict1. You do not have to be a Facebook member to access this page.

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