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.

###

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

Senator Whitney Westerfield Announces Re-Election Bid

CROFTON, KY — Republican state Senator Whitney Westerfield will seek re-election to Kentucky’s 3rd Senate district for a third term in office. His campaign will focus on continuing to achieve real results for the district and upholding conservative values.

Westerfield serves Christian, Logan, and Todd counties in Frankfort. He is also a life-long resident of Christian County and has been widely regarded as a workhorse for his district. “I am extremely grateful for the support I have received here at home,” said Westerfield. “Since 2013, I have helped pass bipartisan legislation, fought hard for government transparency, protected the unborn, worked to improve public safety, and promoted economic opportunity for the families in our district. I am as ready as ever to take your voices to Frankfort and lead the charge towards solving our most pressing issues.”

Westerfield has served as chairman of the Senate Judiciary Committee throughout his time in office. He sponsored Senate Bill 200 in 2014, which brought about the largest reform to Kentucky’s juvenile justice system in 30 years.

“Slow and steady wins the race,” said Westerfield. “Being a successful legislator requires persistence, which is why I’ve filed for re-election. I have been fortunate to see legislation come to fruition that has been years in the making. I promise to continue expanding opportunities for struggling Kentuckians and reforming policies that inadequately address the real issues our communities face.”

Westerfield’s current term in office stretches through 2020, when state lawmakers will be expected to write a new budget. “We have a Republican majority in Frankfort and a new, Democratic governor at the helm,” said Westerfield. “Looking at that dynamic alone, I can anticipate the challenges that will lie ahead. However, the good people of Western Kentucky expect their state leaders to find common ground.”


Westerfield has been an active member of the Kentucky Bar since October 2006. Because of his practical experience as a local attorney, his legislation has focused largely on improving the justice system and developing services that protect victims of crime. Westerfield’s prosecutorial record has included successful convictions on charges ranging from misdemeanors to homicide.

Kentucky's state Senate elections will take place in 2020. For more details on Senator Westerfield’s record and this campaign, please visit WhitneyWesterfield.com.

###

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.

We Should Ban Child Marriage

A bill proposed by Sen. Julie Raque Adams that would provide court oversight on petitions for a marriage license for 17 year-olds (SB48), is set for a second hearing in my committee tomorrow morning, and I plan to call the bill for a vote.

After working with Donna Pollard (Survivors' Corner) and the Family Foundation we have arrived at an amendment to the bill the requires parental consent, but critically requires a court to review the petition to prevent the same kind of abuse that Donna Pollard experienced as a child.

Contrary to what was believed by so many on social media, the bill sponsor and I worked together on this amendment and the bill was never not going to be heard.  I said as much after our first hearing on the bill back in February.  I’m looking forward to seeing it pass committee in the morning and then hopefully be voted on the Senate floor soon thereafter.

For those asking, the amendment (known as a “proposed senate substitute”) is attached below.

The Road to Amendment

This post was originally published in the Kentucky New Era, January 29, 2018.

October 2015 was a significant month for public policy in Kentucky.  The Interim Joint Judiciary Committee made its appearance in Hopkinsville, and it was at this meeting that I heard the testimony from West Powell that changed my mind about felony expungement.  As you read this, Kentucky now has a felony expungement statute for the benefit of convicts who’ve turned their lives around.  But few people know that was also a red-letter day for victims, as it was the first meeting I had regarding Marsy’s Law.

John Tilley and I hung around the City Council chambers after the rest of the committee members left and we heard the story about Marsalee “Marsy” Nicholas for the first time.  I left the meeting excited about the idea of creating Constitutional protections for crime victims, and my work to do so began in earnest.

I filed SB175 in 2016, and the amendment was debated in committee before eventually passing the Senate with only a single no-vote.  The bill passed the committee vote in the House before being stopped at the one-yard-line because of politics.  I was told at the time by the former Speaker that the leadership liked the bill but “we want to work on it,” which was an unmistakable euphemism for “we don’t like that its your bill.”  I went back to the drawing board.

I continued to advocate for the bill in the interim of 2016, and had the opportunity to work with the former state representative from Greenup County, who had previously also served as a judge.  He proposed a two-bill approach: the constitutional amendment and enabling legislation to spell out some of the finer details.  I liked the idea, and it stuck.

In 2017 I filed the bill again, believing we had a solid draft ready to move forward.  But we were foiled again, this time by Senate and House leadership who elected not to advance any constitutional amendments.  This was disappointing, but I pushed ahead, undaunted.

“Senate Bill 3 completes criminal justice reform — reduce reoffending by putting a real face to the crime: the victim’s.”

I continued to hear questions from stakeholder groups, usually asking “what if” questions, the kind we often had to look outside of Kentucky to states with Marsy’s Law already on the books to answer.  Dozens of drafts were written and revised.  Hundreds of emails were bounced around, testing phrasing, sentence structure and calibrating the core set of victims’ rights based on case law, other states’ experiences and importantly, tailored it to fit Kentucky’s justice system.  The bill was presented again to different interim committees, for questions and feedback.  By the time 2017 was drawing to a close we believed we were ready for 2018, and the hope to get the bill passed this year was the greatest it had been.  If we failed to pass Marsy’s Law this year, it would mean a delay of two more years before another ballot for a constitutional amendment would come around.

January 2, 2018, the first day of session, I filed SB3 and SB30, the constitutional amendment and enabling legislation, respectively.  Marsy’s Law had the support of nearly two dozen co-sponsors, from the right and the left, from the east and the west, and from rural and urban legislators.  We continued to meet with legislators who had questions and soon believed we had enough support to move forward.  SB3 was heard in committee on January 10, where it passed unanimously.  Later that same afternoon, in a strong statement of support for Marsy’s Law, Senate leadership advanced SB3 to the floor for a vote, making it the first to pass through the Senate in 2018.

The strong support did not stop there, as the House leadership promptly referred Marsy’s Law to committee and then to the floor where it passed with an overwhelming majority on January 24.  A day later, the bill was officially received by the Secretary of State, its last procedural step before voters get their say in November.

Our voices, and the voices of victims and survivors across Kentucky, were heard resoundingly in Frankfort.  Not only was Marsy’s Law the first bill to pass the Senate in 2018, it was the first bill to pass the House too, making a bold, bipartisan statement by the General Assembly that victims shall no longer be treated as mere witnesses to crimes, but should be recognized and granted fundamental rights to empower them and restore their dignity in a criminal justice system that for too long has ignored them!

Sponsoring Marsy’s Law, fighting for its passage and seeing it succeed, has been a highlight of my time in Frankfort.  But now we begin the work to educate the voters of Kentucky.  I look forward to November when we can stand shoulder to shoulder across Kentucky knowing we’ve made a lasting, historic stand for victims — giving constitutional strength to their voices for the first time.