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March 4, 2011

Today in Frankfort - March 4, 2011

Legislative Day 27

Most of the action starts in the Senate today.

On House Orders

SB 75 - Another Health Care Mandate
While the original language would result in a 1% premium hike, the HCS should not have great effect on costs. Both HFA1 and HFA2 however would result in higher health care costs.

HB 305 - Budget Reduction
The original language kicked the can down the road, pushing a difficult budget situation into the next fiscal year. Current language is much improved, imposing real cuts to balance a budget shortfall. Freshman legislators can blame the rest of their colleagues for creating the shortfall in the first place, relying on a second federal bailout that no one other than a legislator in Frankfort could have actually expected to happen.

On Senate Orders

HB 333 - Fireworks Tax
This legislation imposes huge new fees and taxes on the fireworks retailers who set up shop every year around Independence Day and New Years. In fact, such shops are practically banned by requiring new building codes, fees to the fire marshal and paperwork to the Department of Revenue. The statute sets out to criminalize most Kentuckians by allowing aerial fireworks but banning them within 200 feet of any vehicle structure or person. This is an act that protects big businesses at the expense of the small entrepreneur. POTENTIAL KEY VOTE

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March 2, 2011

Today in Frankfort - March 2, 2011

Legislative Day 25

So much for ending six days early.

In Committee

HB 433 - Paperwork for Tire Sales Working Group
Senate Committee on State and Local Government
Since we last discussed this bill, the bill has been greatly improved. Not only will it require coordinated thought behind the goal of waste tire reduction in Kentucky, it requires the Cabinet to dedicating at least 75% of waste tire funds to waste tire reduction programs.

SB 75 - Another Health Insurance Mandate
House Committee on Banking and Insurance
Our lengthy discussion on health insurance mandates yesterday neglected to include this bill, although we did mention last year's effort to mandate chiropractor coverage. This year's effort is estimated to increase insurance premiums and health care costs up to 1%, so the total effect of mandates - if they all passed - would be to raise premiums 2.6%, above and beyond whatever cost increases are caused by the general trend of increasing health care costs and the effects of Obamacare. A 2.6% premium hike is just the General Assembly's small part of making your health care more expensive. LIKELY KEY VOTE.

Still on House Orders

HB 23 HFA1/HFA2 - Price Controls on Pawnbrokers
HB 141 - Collective Bargaining Rights to Corrections Employees
HB 210 - Decals for New Drivers
HB 230 - Another Health Insurance Mandate
HB 386 - Harsh Penalties for Plumbing Violations
HB 394 - Fake Education Innovation
SB 151 - Electing the PSC

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March 1, 2011

Today in Frankfort - March 1, 2011

Legislative Day 24

Bills in Committee

HB 318 - $1 Billion Tax Increase
House Committee on Appropriations and Revenue
This legislation would increase taxes by $1 billion for the biennium, or over 5% of current revenues, expand the sales tax to some services used by every Kentucky family including car washes, dry-cleaning, carpet cleaning and exterminators, target family farms with an estate tax increase, and hike cigarette and income taxes. WILL SCORE COSPONSORSHIP NEGATIVELY

We have already discussed:

SB 41 - Dismantling the Political Party System in Kentucky
  House Committee on Elections

HB 247 - Licensing Radon Contractors
House Committee on Licensing and Occupations

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February 28, 2011

Additional Bills Today - February 28, 2011

On House Orders

These bills we've mentioned previously remain on the House Orders:
HB 23 HFA1/HFA2 - Price Controls on Pawnbrokers
HB 141 - Granting Collective Bargaining Rights for Corrections Employees in Lexington and Louisville
HB 210 - Decals for New Drivers
HB 230 - Another Health Care Mandate
HB 394 - Fake Education Innovation

Here is one new one:

HB 386 - Stiffening Penalties for Plumbing Violations
The plumbing code can be arbitrary and burdensome. The code is there to be helpful, not to raise funds for the regulatory agency or to punish Kentucky Small Businesses. And the code does punish small businesses and kill jobs. One bakery that was ready to open in Louisville was shut down at the last moment before they opened because they had their own standing sink instead of a direct line to the main water supply. Kentucky doesn't need to enhance penalties, it needs to enhance solutions. LIKELY KEY VOTE

Senate Orders still contains only SB 45 - Banning Decongestants.

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Today in Frankfort - February 28, 2011

Legislative Day 22

In Committee

SB 112 - Another Health Insurance Mandate
House Committee on Health and Welfare
Legislation would cap the copays for physical and occupational therapies. All new health insurance mandates increase health costs for us all. LIKELY KEY VOTE

SB 151 - Electing the PSC
House Committee on Tourism Development and Energy
This bill would change the make up of the PSC, electing one member per US Congressional district and one at large. Politicizing the development of Kentucky's utility infrastructure in this way does not strike us as a good idea. LIKELY KEY VOTE

Rep. Bill Farmer has filed two amendments to kill this legislation. One would limit expenditures for PSC campaigns to $1000 total, and the other would elect all Cabinet Secretaries, which is an equally bad idea (which is the point).

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February 24, 2011

Today in Frankfort - February 24, 2011

In Committee

HB 111 - Punishing Companies for Federal Failures
House Committee on Labor and LaborThis legislation allows state agencies to refuse licenses and permits to businesses who hire unauthorized aliens. While the legislation is intended to combat illegal immigration, it makes no distinction between businesses that knowingly employ unauthorized aliens and businesses that make good-faith efforts to identify the status of their employees. Regardless of the circumstances, the state is required to refuse permits, and the business will be forced to shut down. One mistake could put many working Kentuckians out of a job. Instead of punishing Kentucky employers, we should demand that the federal government do its job. LIKELY KEY VOTE.

HB 380 - State Jurisdiction Over State Commerce
House Committee on Tourism Development and Energy
Like HB 421 but not limited to coal, a good piece of legislation that asserts that the EPA and other federal agencies have no jurisdiction over goods that are produced and consumed in Kentucky. POTENTIAL KEY VOTE

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February 23, 2011

Frankfort Today - February 23, 2011

HB 259 - Condemnation Authority for Carbon Sequestration Sites
Senate Committee on Natural Resources and the Environment
We continue to hold reservations about this legislation that grants a quasi-governmental authority condemnations rights over private property. While the condemnation process is much improved over last year's effort, new provisions planning transfer of ownership of the condemned property to ownership of the state or federal government is troubling. POTENTIAL KEY VOTE

On House Orders

HB 195 - Abolishing an Inactive State Agency
Rep. Adam Koenig attempted this last year, and it never received a vote in the House. How hard can it be to abolish an inactive state agency? POTENTIAL KEY VOTE.

HB 480 - Retirement System Governance Reform
This legislation improves oversight and transparency in Kentucky's various retirement systems. It bans placement agents, enforces term limits and requires posting of expenses online. LIKELY KEY VOTE

HB 230 - Another Health Care Mandate
Last year, the Senate attempted to pass a health care mandate regarding chiropractors. Now they're trying to mandate what insurance companies can charge for chiropractor coverage. The most likely result of this legislation is for insurance companies to drop chiropractor coverage, if they're limited from charging an amount that balances the ledger. POTENTIAL KEY VOTE

HB 210 - Decals for New Drivers
This ridiculous legislation is another repeat. It would require the state to print and distribute decals that drivers would be legally required to affix to their vehicles any time a vehicle was operated by a driver with an instructional permit.

HB 210 HFA3 - Repealing State Property Tax on Motor Vehicles
Making lemonade out of a lemon, Rep. Floyd has filed an amendment to HB 210 to phase out the state property tax on vehicles. KEY VOTE if it is offered.

HB 394 - Fake Education Innovation
It's not all bad. Recognizing that his actions and positions were repressing innovation in education, Rep. Carl Rollins has developed this bill allowing school boards to attempt to create innovative practices in education. But this approach does not offer the benefits that real school choice, operating in a competitive free market (outside the constraints of the KEA) would create. Representative Montell's HFA1 is real choice and will be a KEY VOTE if offered. If House Leadership somehow disqualifies Montell's effort, the corresponding procedural vote and final passage are POTENTIAL KEY VOTES.

HB 141 - Granting Collective Bargaining Rights for Corrections Employees in Lexington and Louisville
This idea generally violates the principle that the government should be responsible to the taxpayers, taking away the ability of the elected government to determine a budget. KEY VOTE.

HB 141 HFA1 - Prevailing Wage Exemptions
Rep. Danny Ford, who has offered a number of clever conservative amendments this year, has offered an amendment to increase the threshold on projects that require prevailing wages to be paid from $250,000 to $750,000. While this would not make the underlying bill acceptable, this amendment and related procedural votes will be KEY VOTES.

HB 23 HFA1/HFA2 - Price Controls on Pawnbrokers
We don't know whether the pawnbroker registry requirement is effective in identifying stolen property. But trying to mandate that the expense of participating in the system can't be passed along to customers is not only foolish, but very heavy-handed on the state's part. POTENTIAL KEY VOTE.

We're still highly amused by HB 353 - Large Animal Release
The legislation prohibits "the Department of Fish and Wildlife Resources or any other state agency from releasing a species that in adulthood may weigh more than five hundred (500) pounds without the approval of the legislative body for the county into which the species is to be released."

"Dear Magistrate. I am writing to inform you that we are releasing a large bear into your county. Please do not take it personally. Sincerely, DFWR."

HR 147 - Meaningless Sop to State Employees
The legislators who sponsored this resolution, which "Urge[s] the Governor to cease any further furloughs of Executive Branch employees during the remainder of the 2010-2012 biennium," know that is has no effect. A House Resolution won't even go to the Senate for consideration to potentially demonstrate the support of the General Assembly for the notion. Instead, these legislators want to feel good about themselves for doing nothing. State workers who really think furloughs should end and layoffs are a better option (or even Wisconsin-style benefit reforms) should see through this stunt and demand real action from their representatives.

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February 22, 2011

Today in Frankfort - February 22, 2011

Bills of note on the agenda in Frankfort today:

HB 415 - When Nepotism is OK
House Committee on Education
This bill says nepotism in a school district is OK if the person in question is the spouse of a Superintendent and has worked in school systems for 16 years. POTENTIAL KEY VOTE.

HB 428 - New Mechanism to Compel Taxpayer Funding for School Construction
House Committee on Education
The way the bill is written, it seems to have been drafted because of a specific instance of school in need of emergency repair. Instead of creating a specific appropriation to address this unusual circumstance, the representatives have drafted a broad piece of legislation that could provide creative school districts a way to compel funding from the state. This is an instance where a specific earmark that was transparent to all would actually be the most appropriate vehicle, if an administrative resolution was unavailable. POTENTIAL KEY VOTE.

HB 476 - Cajoling the Department of Education to Act Where it Has Failed
House Committee on Education
This is a mostly unnecessary piece of legislation. Schools failing to maintain Adequate Yearly Progress for just two years are already required to take significant action:

Tier 1 of Consequences
(2 years not making AYP)
- Implement School Choice
- Write or Revise School Plan

Tier 2 of Consequences
(3 years not making AYP)
- Continue School Choice
- Revise School Plan
- Offer Supplemental Services

This bill would simply require this sort of activity again. The reason this bill is being offered is the Department of Education's absolute reluctance to actually reform failing schools. As the Bluegrass Institute for Public Policy Solutions has found:

To determine how NCLB alternate governance has actually been handled in Kentucky, the Bluegrass Institute made an open records request to the Kentucky Department of Education for the Alternative Governance Plans for the 34 Kentucky public schools that were listed in No Child Left Behind TIER 5 status in the 2008 reports.

The response to our request included this message, which clearly states that Kentucky does not have "Alternative Governance Plans" for these schools despite years of claims otherwise in numerous NCLB reports for Kentucky. Furthermore, our review of the "Restructuring Plans" which were provided in answer to our request shows that "Alternative Governance" as required by NCLB has not been implemented in Kentucky.

If the Department of Education were serious about rescuing failing schools, no one would have thought of this bill.

If the bill's author were serious about rescuing failing schools, she would help support school choice.

HB 478 - Eliminating Budget Memoranda
House Committee on Appropriations and Revenue
Interestingly strikes all language requiring the Appropriations Committee to include a budget memorandum with appropriations bills that

"enumerate the changes made by the appropriations committees to a branch budget recommendation, and shall explain such changes in detail sufficient to convey the intent of the appropriations committees."

This seems like it would be a useful public document. We're interested to find out the reasoning behind this legislation. POSSIBLE KEY VOTE.

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A Constitutional Convention Is Potentially A Bad Idea

While we support balanced budgets, calling a Constitutional Convention is a bad way to get there.

This is what is proposed by State Senate President David Williams in SCR 134 and will presumably be supported by US Senator Rand Paul in a speech today in the Kentucky Senate.

We've never had a Convention called as allowed under the US Constitution's Article V, which means the rules for such a convention are open to interpretation. The text states:

"The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress...."

The broad-brush of the text - "a Convention for proposing Amendments" suggests the possibility that such a convention would have unlimited scope to alter our founding document. Heritage.org discusses the implications:

Because no amending convention has ever occurred, an important question is whether such a convention can be limited in scope, either to a particular proposal or within a particular subject. While most calls for amending conventions in the nineteenth century were general, the modern trend is to call (and thus count applications) for conventions limited to considering a single, specific amendment. Some scholars maintain that such attempts violate the very mechanism created by Article V: the text says that upon application of the states Congress "shall call a Convention for proposing Amendments," not for confirming a particular amendment already written, approved, and proposed by state legislatures (which would effectively turn the convention for proposing amendments into a ratifying convention). Indeed, it is not at all clear as a matter of constitutional construction (and doubtful in principle) that the power of two-thirds of the states to issue applications for a convention restricts, supersedes, or overrides the power of all the states assembled in that convention to propose amendments to the Constitution....

The requirement that amendments proposed by such a convention must be ratified by three-fourths of the states is a significant limit on the process and likely prevents a true "runaway" convention from fundamentally altering the Constitution. Serious scholars will undoubtedly continue to debate the historical record and speculate about the possibility of an amendments convention under Article V. Nevertheless, the lack of precedent, extensive unknowns, and considerable risks of an Article V amendments convention should bring sober pause to advocates of legitimate constitutional reform contemplating this avenue.

While a valid method created and available under the Constitution, "a Convention for proposing Amendments" has never been viewed as just another tool for reform but has become ever more so an ultimate option to be deployed only in extremis for the sake of maintaining the Constitution.

We note that calling a Convention is really the only tool available to a state legislature, we would encourage a resolution calling for the US Congress to act on the amendment instead.

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February 21, 2011

While Frankfort's off, Other Bills of Note

With 11 legislative days to go, the General Assembly has passed two bills and one procedural resolution. Approximately 300 bills have passed only the House or the Senate.

We've mentioned the more notable bills in our daily summaries here, here and here. Here are some important pieces that have escaped our attention so far.

Passed Senate

SB 4 - Election Reforms
Moves the filing deadline January to late April and the primary from May to August. Makes changes to campaign finance laws. We're in favor of the financial disclosure requirements, and we're very supportive of moving the filing deadline back. Under current law, the filing deadline will pass for freshmen legislators in the General Assembly before they ever vote on a budget. However, we do not favor moving the primary date.

KEY VOTE SB 7 - Spending Transparency
Requires all state spending to be posted online.

SB 10 - Illegal Amendment to the Kentucky Constitution
While we don't dispute the content - affirming state sovereignty under the 10th Amendment, affirming that consumers can not be compelled by government to participate in health care systems, protecting coal and the 2nd Amendment among many things - the proposal is clearly a political stunt that violates the requirement that a Constitutional Amendment deal with only one subject at a time.

SB 11 - False Claims Duplication
While it may seem sensible to allow whistleblowers to sue to uncover fraud in Medicaid, this sort of action is already allowable in federal court. To open up state court as well without prohibiting double-filing, means that the marginal increase in expected recovery lawsuits could easily be eclipsed legal fees and whistleblower rewards. Unless this legislation is amended, it is a large expense and boon to the litigation industry without significant improvement for the taxpayer. POTENTIAL KEY VOTE.

SB 13 - Encouraging Teachers Who Encourage Achievement
This legislation would establish performance rewards for teachers based on student achievement in Advanced Placement and International Baccalaureate tests in science and mathematics. This measure will help maximize the effectiveness of taxpayer resources in education and is a LIKELY KEY VOTE.

SB 34 - Promoting Nuclear Power in Kentucky
Changes outdated regulations that are preventing the use of nuclear-generated electricity in Kentucky. This legislation has been a KEY VOTE in the past and will be again this year.

SB 41 - Dismantling the Political Party System in Kentucky
This legislation would allow those not organizing in a political party to participate in choosing the general election candidates for a political party. LIKELY KEY VOTE.

SB 71 - Licensing "Diabetes Educators"
A companion to HB 217, it creates a new board of licencure so that individuals may pay a fee and submit to regulations in order to call themselves a "licensed diabetes educator". Because our health care system needs another regulatory agency. POTENTIAL KEY VOTE.

KEY VOTE SB 100 - Unaccountable Health and Family Services
This ridiculous legislation would make the Secretary of Health and Family Services hired by an appointed board, similar to the Board of Education. It seems that the intent is to insulate the Cabinet from political influence, but when a Cabinet's governance is not directly accountable to the elected executive, then it is necessarily less accountable to the voters. Since health care costs drive the majority of spending pressure in state government, it is perhaps the area of government most necessarily in need of maintaining its direct answerability to the elected executive of Kentucky.

Passed the House

HB 3 - Requiring E-Verify
Requires any recipient of a public contract with the state to utilize the E-Verify program to substantiate the legal status of their employees.

HB 4 - False Claims Duplication
A companion to SB 11, although this version is not limited to Medicaid. Like SB 11, this legislation is more likely to increase frivolous litigation than to uncover uninvestigated fraud. Unless this legislation is amended, it is a large expense and boon to the litigation industry without significant improvement for the taxpayer. POTENTIAL KEY VOTE.

HB 24 - Government Spending Transparency
Like SB 7, requires all state spending to be posted online. LIKELY KEY VOTE.

HB 47 - Everyone's a Nuisance
Greatly expands the ability of governments to pass nuisance ordinances. Rep. Denham attempted to amend the legislation to protect property owners from the myriad new nuisance regulations this legislation has the potential to create, but to no avail. LIKELY KEY VOTE.

HB 67 - Advertising on School Buses
Allows School Boards to sell advertising on school buses but illegally prohibits political communications. POTENTIAL KEY VOTE.

HB 225 - Raising the Dropout Age to 18
LIKELY KEY VOTEAs we have noted in the past,

The problem is that kids don't want to be in school, not that they're not compelled to be there. Representative Brent Yonts (D-Muhlenberg, 2008 Rank # 78) has introduced this bill in each of the last 10 years. Instead of recognizing that he is pushing a bad idea and looking for a new good one instead (perhaps one that examines how government programs might be discouraging individuals from pursuing individual success) he just keeps on doing the same thing.

HB 247 - Licensing Radon Contractors
Yet another licensing requirement because, in the opinion of legislators, only the state has the ability to determine how to offer a markable service appropriately. POTENTIAL KEY VOTE

More to come tomorrow

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February 18, 2011

Today in Frankfort - February 18, 2011

On the Senate Orders

SB 45 - Banning Decongestants
As we have written, SB 45's benefits are not a substantial enough reason to support this legislation.

• It will drive up health care costs as now doctors, nurses and pharmacists are all required to participate in the process to obtain cold medicine.

• As more time is consumed in our health care system to address everyone's stuffy head, the cost of all health care will marginally increase.

• The limited supply of medicine will drive up its cost, making the remedy more expensive.

• Less information becomes available to law enforcement, as our current tracking system is rendered unavailable, while even more is required of our doctors to identify abuse. Not only are we taxing our doctors by requiring a silly prescription for a stuffy head, we would now be requiring them to act as law enforcement.

POTENTIAL KEY VOTE

On the House Orders

HB 10 - $1 Million Tax Credit for Hiring Legally Blind Individuals
Provides a tax credit to businesses hiring legally blind individuals. Estimated to reduce revenues $1 million every biennium.

HB 230 - Another Health Care Mandate
Last year, the Senate attempted to pass a health care mandate regarding chiropractors. Now they're trying to mandate what insurance companies can charge for chiropractor coverage. The most likely result of this legislation is for insurance companies to drop chiropractor coverage, if they're limited from charging an amount that balances the ledger. POSSIBLE KEY VOTE

HB 210 - Decals for New Drivers
This ridiculous legislation is another repeat. It would require the state to print and distribute decals that drivers would be legally required to affix to their vehicles any time a vehicle was operated by a driver with an instructional permit.

HB 210 HFA3 - Repealing State Property Tax on Motor Vehicles
Making lemonade out of a lemon, Rep. Floyd has filed an amendment to HB 210 to phase out the state property tax on vehicles. KEY VOTE if it is offered.

HB 141 - Granting Collective Bargaining Rights for Corrections Employees in Lexington and Louisville
This idea generally violates the principle that the government should be responsible to the taxpayers, taking away the ability of the elected government to determine a budget. KEY VOTE.

SB 110 - Optometrist Surgery Bill
This bill simply would allow non-physician optometrists to preform surgical procedures on your eyes.

KEY VOTE - HB 407 - Taxpayer Guarantee of Construction Loans
Remember when the housing market collapsed, the economy tanked and taxpayers were made to bailout giant financial institutions? This bill would create a permanent bailout fund for bad construction loans. Enough said?

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February 17, 2011

Today in Frankfort - February 17, 2011

HB 421 - State Jurisdiction Over State Commerce
House Committee on Natural Resources and Environment
A good piece of legislation that asserts that the EPA and other federal agencies have no jurisdiction over coal that is mined and consumed in Kentucky. POTENTIAL KEY VOTE

HB 433 - Paperwork for Tire Sales Working Group
House Committee on Natural Resources and Environment
This silly bill creates a working group to develop paperwork to require of tire sales. The ambition is to improve proper disposal of tires in Kentucky. The only impact will be the waste of paper products.

HCR 37 - The EPA and SD1
House Committee on Natural Resources and Environment
The resolution instructs the EPA to consider affordability when ruling on sewer control operations. A good sentiment if a fool's errand.

HB 462 - Tax Breaks for Large Existing Businesses
House Committee on Economic Development
Another $7 million admission that Kentucky's tax code is not adequate. Provides the state the ability to extend tax credits to businesses making $2.5 million investments in technology that employ at least 200. Instead of carving out so many exemptions from the tax code, just reform the code already.

HB 195 - Abolishing an Inactive State Agency
House Committee on Economic Development
Rep. Adam Koenig attempted this last year, and it never received a vote in the House. How hard can it be to abolish an inactive state agency? POTENTIAL KEY VOTE.

HB 353 - Large Animal Release
House Committee on Tourism Development and Energy
Not really an issue of economic freedom, but the legislation prohibits " the Department of Fish and Wildlife Resources or any other state agency from releasing a species that in adulthood may weigh more than five hundred (500) pounds without the approval of the legislative body for the county into which the species is to be released."

"Dear Magistrate. I am writing to inform you that we are releasing a large bear into your county. Please do not take it personally. Sincerely, DFWR."

KEY VOTE HB 455 - Electric Rate Hike
House Committee on Tourism Development and Energy
As we wrote Tuesday:

HB 455 directs the Public Utilities Commission to consider an "power supply contract to be reasonable and prudent" if the utility purchases power derived from biomass and it "shall not increase more than three percent (3%) in any subsequent year" for the live of a 20-year contract.

The legislation allows the original cost of the purchased power to be 44% higher than current electric rates and then increase 3% a year and to pass that cost directly to the consumer.

HB 208 - Drug Screening for Recipients of Public Assistance
House Committee on Health and Welfare
Legislation requires recipients of public assistance - welfare, food stamps, Medicaid - to submit to random drug testing and remain drug free. POTENTIAL KEY VOTE

HB 217 - Licensing "Diabetes Educators"
House Committee on Health and Welfare
Creates a new board of licencure so that individuals may pay a fee and submit to regulations in order to call themselves a "licensed diabetes educator". Because our health care system needs another regulatory agency. POTENTIAL KEY VOTE.

HB 305 - Medicaid Bandaid
Senate Committee on Appropriations and Revenue
Attempts to plug a $350 million hole in the Medicaid budget this year by borrowing it from the next year. Will likely lead to a budget hole next year, as a year-on-year $625 million increase is now budgeted to be a $125 million decrease in spending next year. We'll see. POTENTIAL KEY VOTE.

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February 16, 2011

Frankfort Today - February 16, 2011

In committee today, there are a few items of interest to the Kentucky Taxpayer.

SB 110 - Optometrist Surgery Bill
This bill with surprising momentum (it has already passed the Senate and in on schedule for consideration in House Licensing and Occupations) simply would allow non-physician optometrists to preform surgical procedures on your eyes.

HB 465 - Interstate Racing and Wagering Compact
This would create an interstate authority to set standard racing regulations among participating states. Interesting that the Kentucky Racing Commission would cede this type of authority.

SB 119 - 911 Telecommunications Tax Study
This legislation asks the LRC to investigate the creation of a 911 telecommunications tax and sets parameters that strongly encourage the LRC to report that the new tax in needed.

SB 151 - Electing the PSC LIKELY KEY VOTE
This bill would change the make up of the PSC, electing one member per US Congressional district and one at large. Politicizing the development of Kentucky's utility infrastructure in this way does not strike us as a good idea.

HB 165 - Consolidation of Counties
Creates new procedures to allow (and encourage) the consolidation of some of Kentucky's 120 counties.

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February 1, 2011

KEY VOTES: HB 15, SB 45 - Banning Decongestants

If you've ever had a stuffy head, you know that the only real decongestants contain pseudoephedrine. Unfortunately, the pseudoephedrine contained in these products is also a key ingredient in the illegal production of methamphetamines. That is why, a few years ago, the General Assembly acted to put pseudoephedrine products behind the pharmacist's counter and track purchases by requiring a photo-ID and signature to purchase them.

Apparently, it is not enough for anti-drug advocates and law enforcement to know exactly who purchased what and when. One of the biggest pushes currently in the General Assembly would make pseudoephedrine products a controlled substance and require a doctor's prescription. HB 15 and SB 45 would do just that.

Besides the inconvenience, here's a short list of reasons this is wrong:

• It will drive up health care costs as now doctors, nurses and pharmacists are all required to participate in the process to obtain cold medicine.

• As more time is consumed in our health care system to address everyone's stuffy head, the cost of all health care will marginally increase.

• The limited supply of medicine will drive up its cost, making the remedy more expensive.

• Less information becomes available to law enforcement, as our current tracking system is rendered unavailable, while even more is required of our doctors to identify abuse. Not only are we taxing our doctors by requiring a silly prescription for a stuffy head, we would now be requiring them to act as law enforcement.

There is no question that Meth is bad. Not only as an addictive drug, but as an extreme hazard to the homes and environment where it is produced.

This effort is one step too far. Because all purchases are tracked, our actual law enforcement has all the information they need now. This legislation just shifts the burden of policing away from where it belongs (with the actual police) onto physicians and ERs.

Doctors are not successful law enforcement. As the Consumer Healthcare Products Association points out:

Mandy Hagan, director of state government relations for the Consumer Healthcare Products Association, says requiring a prescription may not alleviate Kentucky's meth problem. "Prescription drugs are abused at a higher rate than methamphetamine," Hagan said.

These bills are likely KEY VOTES on the KYCFG's 2011 Scorecard.

If you want to keep your access to cold medicine, ACT NOW and send your legislators a message by clicking here.

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