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2012 County Legislative Issues - Kentucky Association of Counties

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2012 County Legislative Issues - Kentucky Association of Counties Powered By Docstoc
					2013 County
Legislative
Issues
    Interim Joint Committee on
         Local Government
          November 28, 2012
      Legislative Committee Members
                                                                         Hon. Tommy Turner
                                                                       Committee Chairman
                                                                   Larue County Judge/Executive
                                                                          KACo President

KY Association of Circuit Court Clerks
KY Association of Circuit Court Clerks                                              KY County Judge/Executive Association
                                                                                    KY County Judge/Executive Association
Hon. David Nicholson, President, Jefferson County Circuit Court Clerk
Hon. David Nicholson, President, Jefferson County Circuit Court Clerk               Hon. R.T. “Tucker” Daniel, President; Johnson County Judge/Executive
                                                                                    Hon. R.T. “Tucker” Daniel, President; Johnson County Judge/Executive
Hon. Sally Jump, Legislative Chair; Franklin Circuit Court Clerk
Hon. Sally Jump, Legislative Chair; Franklin Circuit Court Clerk                    Hon. Vince Lang, Executive Director
                                                                                    Hon. Vince Lang, Executive Director
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KY Commonwealth’s Attorneys’ Association
KY Commonwealth’s Attorneys’ Association                                            KY Jailers Association
                                                                                    KY Jailers Association
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Hon. Matthew Leveridge, President, 57th Judicial Circuit                            Hon. Mike Simpson, President; Oldham County Jailer
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Hon. Matthew Leveridge, President, 57 Judicial Circuit                              Hon. Mike Simpson, President; Oldham County Jailer
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Hon. Christopher T. Cohron, Legislative Director; 8th Judicial Circuit              Renee Craddock, Executive Director
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Hon. Christopher T. Cohron, Legislative Director; 8th Judicial Circuit              Renee Craddock, Executive Director
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KY Coroners Association
KY Coroners Association                                                             KY Magistrates & Commissioners Association
                                                                                    KY Magistrates & Commissioners Association
Hon. John P. Goble, Scott County Coroner
Hon. John P. Goble, Scott County Coroner                                            Hon. Stephen Stark, President; Trimble County Magistrate
                                                                                    Hon. Stephen Stark, President; Trimble County Magistrate
                                                                                    Hon. Hubie Pollett, Legislative Chair; Shelby County Magistrate
                                                                                    Hon. Hubie Pollett, Legislative Chair; Shelby County Magistrate
KY County Attorneys Association
KY County Attorneys Association                                                     Richard Tanner, Executive Director
                                                                                    Richard Tanner, Executive Director
Hon. John Estill, President; Mason County Attorney
Hon. John Estill, President; Mason County Attorney
Hon. Marc Robbins, Legislative Committee; Madison County Attorney
Hon. Marc Robbins, Legislative Committee; Madison County Attorney                   KY Property Valuation Administrators Association
                                                                                    KY Property Valuation Administrators Association
Bill Patrick, Executive Director
Bill Patrick, Executive Director                                                    Hon. Ben Brown, President; Logan County PVA
                                                                                    Hon. Ben Brown, President; Logan County PVA
                                                                                    Mack Bushart, Executive Director
                                                                                    Mack Bushart, Executive Director
KY County Clerks Association
KY County Clerks Association
Hon. Kay Schwartz, President; Whitley County Clerk
Hon. Kay Schwartz, President; Whitley County Clerk                                  KY Sheriff’s Association
                                                                                    KY Sheriff’s Association
Bill May, Executive Director
Bill May, Executive Director                                                        Hon. Steve Sparrow, President; Oldham County Sheriff
                                                                                    Hon. Steve Sparrow, President; Oldham County Sheriff
                                                                                    Jerry Wagner, Executive Director
                                                                                    Jerry Wagner, Executive Director
                         KACo Board of Directors
    Executive Committee          Hon. Alex Barnett                 Hon. Dean Johnson                      Hon. John A. Settles
                                 Harrison County Judge/Executive   Laurel County Clerk                    Washington County Judge/Executive
Hon. Tommy Turner                Hon. Ben Brown                    Hon. Kay Schwartz                      Hon. Mike Simpson
President                        Logan County PVA                  Whitley County Clerk                   Oldham County Jailer
Larue County Judge/Executive
                                 Hon. Karen R. Bushart             Hon. Patrick Boggs                     Hon. Stephen Stark
                                 Clark County PVA                  Mason County Sheriff
Hon. Jerry “Peanuts”                                                                                      Trimble County Magistrate
Gaines                           Hon. Matthew Leveridge            Hon. Darrell L. Link                   Hon. Steve Sparrow
President-Elect                  Commonwealth Attorney             Grant County Judge/Executive           Oldham County Sheriff
Warren County Sheriff            Hon. R. T. “Tucker” Daniel        Hon. Mike Miller                       Hon. Jim Townsend
                                 Johnson County Judge/Executive    Marshall County Judge/Executive        Webster County Judge/Executive
Hon. Buddy Nichols
1st Vice President               Hon. John Goble                   Hon. David L. Nicholson                Hon. Ronald Wright
Lyon County Magistrate           Scott County Coroner              Jefferson County Circuit Court Clerk   Casey County Judge/Executive
                                 Hon. John A. Goble                Hon. Jim Nickell
Vacant                           Floyd County Magistrate           Rowan County Judge/Executive
                                                                                                          Hon. John “Spike” Wright
                                                                                                          Gallatin County Attorney
2nd Vice President
                                 Hon. Dennis Brooks                Hon. Sue Carole Perry                  Hon. David Brown
Hon. John Wilson                 Wolfe County Judge/Executive      Shelby County Clerk                    Henry County Magistrate
Past President                   Hon. Stanley H. Humphries         Hon. N. E. Reed
Garrard County Judge/Executive   Trigg County Judge/Executive      Edmonson County Judge/Executive

                                 Hon. Carl Tolliver                Hon. Marc Robbins
                                 Boyd County Commissioner          Madison County Attorney
KACo Board of Directors - MAP
Board Members
 Board of Directors

 Program Board
               Legislative Advocacy Process
Each affiliate organization of KACo has one vote on the Legislative Committee. The affiliate organizations of KACo are the Kentucky
Circuit Court Clerks Association, the Kentucky Commonwealth ‘s Attorneys Association, the Kentucky Coroners Association, the
Kentucky County Attorneys Association, the Kentucky County Clerks Association, the Kentucky County Judge/Executives
Association, the Kentucky Jailers Association, the Kentucky Magistrates and Commissioners Association, the Kentucky Property
Valuation Administrators Association, and the Kentucky Sheriffs Association.

               In order for the KACo Legislative Committee to either support or oppose legislation, 75% of the members in attendance
must vote to take that position. Following is a summary of the positions which may be taken by the Legislative Committee and what
they mean.



                           Support                                                                 Oppose
        The KACo Legislative Committee believes this legislation               The KACo Legislative Committee believes this legislation
       would be beneficial to counties or county officials and will            would be harmful to counties or county officials and will
                     work to help it win passage.                                              work to defeat this bill.




                     Under Review                                                                   Strike
         1) The KACo Legislative Committee has not yet taken a
          position because members wish to obtain additional                   The KACo Legislative Committee believes this bill would
        information about the bill and how it could affect county                have no direct effect on county officials or county
                             governments.                                          governments and will not track the legislation.

       2) One or more affiliate associations of KACo are on each
          side of a bill and KACo does not support any affiliate
            association against another affiliate association.
2013 KACo ISSUES

Special Districts
E-911 Funding
Jail Funding
Tax Reform
Constables
Pensions
                 SPECIAL DISTRICTS

Ø General Assembly to Study Special Districts’
   Fiscal, Administrative and Ethical Issues


Ø Edelen Finds $2.7 Billion Ghost Government
  in Kentucky; Creates First Ever Database of
              Special Districts
   Six-month effort results in call for legislative reform, more
                 transparency and accountability
                         E-911 FUNDING

q Local governments provide the lion’s share of funding-85%-through
  local ordinance establishing a “landline” fee (40%) and general fund
  dollars (45%).
q Landline fees have decreased by 25% since 2006 due mostly to the
  continuing decrease in landlines as more people go completely cellular,
  leaving local governments to make up the difference with general fund
  dollars.
q 114 out of 120 counties collect landline fees.
q Wireless fee of 70 cents on monthly bills provide about 15% of the
  funding. This fee has never changed since its inception in 1998.
q $1 increase=$17M annually $1.50 increase=$38M annually
                            JAIL FUNDING
           Supreme Court of Kentucky
                                           2012-12
                                          ORDER
 In Re: Emergency Suspension of 12-hour time restriction imposed by RCr 4.20(1)
          Beginning at 12:01 a.m. on October 21, 2012, the 12-hour time
restriction imposed by RCr 4.20(1) is suspended. Beginning at 12:01 a.m. on
October 21, 2012, the period of time in which pretrial officers are required to
present information to a judge or trial commissioner to assist the
determination of pretrial release and supervision is governed by Administrative
Procedure Part XIV, Section 2.
          This Order shall be effective at 12:01 a.m. on October 21, 2012, and
until further Order of this Court.
          Minton, C.J.; Abramson, Cunningham, Noble, Scott, and Venters, JJ.,
sitting. Minton, C.J.; Abramson, Cunningham, Noble, and Venters, JJ.,
concur. Scott, J., dissents and would not amend the twelve-hour rule.
Schroder, J., not sitting.
          Entered this 17th day of October, 2012.
                     TAX REFORM
  Governor’s Blue Ribbon Commission on
               Tax Reform
Still under consideration:
Proposal # 58: Remove the HB44 recall provisions for
local and school real property taxes
Proposal # 52: Increase funding for PVA offices, or
create a dedicated funding stream for PVA offices
Proposal # 71: Allow all classes of local governments to
have a local option food and beverage tax
Proposal # 72: Amend the Constitution to allow a local
general sales tax
                      CONSTABLES
• April 2012: Justice and Public Safety Cabinet Secretary J.
  Michael Brown formed a working group to answer the
  question: “Is the position of constable, as a law
  enforcement function in modern society, essential to the
  Commonwealth of Kentucky?”
• September 27, 2012: DOCJT Commissioner John W.
  Bizzack submits “Constables in Kentucky: Contemporary Issues
  and Findings Surrounding an Outdated Office” to Secretary
  Brown.
• The evaluation’s conclusion: The office is not essential.
• Counties support abolishing the office of constable.
   PENSIONS – Task Force Recommendations
1. Funding Phase-In: KERS/SPRS         5. Pension Spiking
Recommendation: Begin full ARC         Recommendation: Employers required
payments in FY 14-15 for KERS, SPRS    to also pay any additional actuarial
                                       costs for salary increases above 10%
2. Retiree Cost of Living Adjustment   during the last 5 years employment.
Recommendation: Repeal COLA
provisions.                            6. Proposed KRS Board Structure
                                       Recommendation: Increase from
3. Funding-Amortization Period         current 9 to 11 members-5 elected, 5
                                       appointed, with one chosen from a list
Recommendation: Reset for KERS,        submitted by the following groups:
CERS and SPRS.                         KACo, KLC and KSBA.

4. Reemployment after Retirement       7. Proposed Plan for New Hires
Recommendation: Extend required        Recommendation: Hybrid Cash
break in employment to 2 years for     Balance Plan
those reemployed on/after 7/1/13 (1
-year exception for hazardous duty)
                    KACo PENSION POINTS

1. Insist that the Commonwealth continue to honor the promises made          to
           current retirees and active employees.

2. Urge the General Assembly to address the unfunded liability of KRS
          (including the consideration of a bond issue) and to statutorily
          recognize that a retirement plan is adequately funded at 80%,
          with an ultimate goal of 100% full funding.

3. Encourage the General Assembly to consider separating the governance of
         CERS from KRS and creating an independent CERS governing
         board.

4. Urge the General Assembly to exhaust all possibilities to remedy the
          pension crisis, before considering measures that would affect      the
          retirement benefits of new hires.
                         BOND PROPOSAL
CURRENT PROCESS:
ØNon-hazardous employer contribution rate: 19.55% of payroll
ØApproximately 9% of that covers retirement benefit and health insurance
ØRemainder pays down unfunded liability

PROPOSED PROCESS:
ØIssue bond for $3.586 Billion* paid out over 15 years, freezing rate
ØUse the remaining 10.55% now paying down unfunded liability to help
make debt service payment
ØBond paid off, rates drop to “normal” cost of retirement
ØContinue to pay towards goal of 100% fully funded

*Numbers based on KRS audit, year ending June 30, 2011
     Mark Your Calendar

    KACo & Affiliates
   Legislative Reception
Thursday, February 21, 2013
   5:30 p.m. – 7:30 p.m.
  Frankfort Civic Center
                        Contact
• Hon. Tommy Turner, President:
      lcjudge@scrtc.net
• Jerry “Peanuts” Gaines, President-Elect:
      oanthony@wcsoky.net
• Legislative Staff:
  Denny Nunnelley, Executive Director
  Brian Roy, Deputy Director
  Tim Sturgill, General Counsel
      Shellie Hampton, Director of Governmental Relations
      Roger Recktenwald, Director of Research & Planning
  Ellen Williams, Contract Lobbyist

 502-223-7667                                  www.kaco.org

				
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