Viewing entries tagged
constitutional amendment
A vote of yes on Constitutional Amendment 2 is not a debate of whether or not you morally believe in abortion; again, the amendment would not ban abortion at all. A vote of yes on this amendment is a statement you do not want abortion issues to be determined by the courts. Instead, you believe the members of the General Assembly, duly elected by the majority of you, to respond to your will in the legislature, your representative policy body.
When in session, the commonwealth has three functional branches of government, each keeping the other in check, as both our federal and state constitutions were designed. Problems arise, however, when the General Assembly is not in session, and has no ability to return during times of emergency or overreach by other branches. A prime example of this was with the current Governor who, as we experienced in 2020 and 2021, frequently exercised unchecked power with inconsistent and unconstitutional closures and mandates associated with COVID-19.
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
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:
The ruling is being appealed; the notice of appeal was filed today.
Marsy’s Law WILL STILL be on the ballot in November and we still NEED YOUR VOTE!
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.
Our fight to ensure crime victims the rights and respect they deserve continues stronger than ever!
For more information about Marsy’s Law, FAQ, endorsements and news releases, please visit https://www.victimsrightsky.com/
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.
Your voices, and the voices of victims and survivors across Kentucky, were heard resoundingly in Frankfort today as Senate Bill 3 — Marsy’s Law — made final passage in the House of Representatives by an overwhelming margin!
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!
“Marsy’s Law has been my passion and I have proudly fought for the principle that crime victims deserve equal rights. I urge Kentuckians to vote YES on Marsy’s Law in November.””
Because of your voice and support, Marsy’s Law will appear on our ballots this November for voters across Kentucky to ratify as an amendment to our Constitution! It has been a highlight of my time in Frankfort to sponsor Marsy’s Law and fight for its passage, but that fight continues until the voters have their say at the ballot box in 10 short months. Continue this fight with me!
Get involved in the Marsy’s Law ballot campaign here by becoming a part of your county’s ML Team! Post to Facebook and Twitter, using #ML4KY to help us spread the word!
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!
