House begins to pass legislation, budget and investment bill filed for consideration
With the third week of this year’s session in the books, the pace is picking up in Frankfort and several bills cleared committees and the full House. In addition, the House version of the state budget and a measure that provides substantial funding for one-time investments were also filed for consideration this week.
Consumer Protection: The House voted 93-0 to approve HB 88, legislation that would outlaw unregulated and unethical trade practices that prey on mortgage owners. If you have purchased property within the last decade, there is a good chance that you received at least one piece of mail that appeared to be a legitimate bank document associated with your purchase enticing you to buy a service. The bill prohibits any entity from pretending to be a bank or falsely claiming to be affiliated with a bank. It also prohibits real estate agencies from using unethical contract practices to get the long-term rights to list a property. The contracts often range up to 40 years and are often forgotten by the seller, or in some circumstances never communicated to other family members. However, under current law, they are still legally enforceable and could lead to lawsuits or a lien placed on the property. HB 88 simply limits listing contracts to two years and prevents liens from being filed on existing long-term contracts.
Recruiting Qualified Assistant County Attorneys: We voted 78-0 on Friday for HB 137, legislation that would allow county attorneys to hire the best qualified candidate for the position of assistant county attorney. Specifically, the bill removes an outdated residency requirement to bring the position in line with assistant commonwealth’s attorneys and public defenders within the Department of Public Advocacy.
Increasing Board Oversight of Ophthalmic Dispensers: House members approved HB 17, which allows the Kentucky Board of Ophthalmic Dispensers to set license renewal fees rather than do so by law.
As I mentioned, we also saw the House versions of both the state budget and a major investment plan filed last week. I will share more about these plans as I review them, but thought I might begin with a brief summary of each:
Executive Branch Budget (HB 6): A continued commitment to education, human services, infrastructure, and public safety highlights the House version of the state budget filed last week. The two-year, $124.8 billion spending plan again includes record funding for K-12 public schools and strategic investments in public safety, infrastructure, and health services. The proposal, HB 6, also includes major investments in mental health and substance abuse recovery and programs serving the state’s most vulnerable.
$1.74 Billion in One-Time Investments (HB 1): Legislation that taps existing state resources to make significant one-time investments in infrastructure, public safety, and economic development, as well as paying down the state’s public pension liabilities was also filed last week. Specifically, HB 1 includes one-time allocations totaling $1.74 billion over the current and next two fiscal years. I want to stress that this was filed as a separate measure rather than combining it with the budget because these are one-time investments paid for with funds from the budget reserve trust fund. After these allocations are made, the budget reserve will still have enough funding to provide for 45 days of state operating costs with an increase to 60 days with monies leftover when the current fiscal year comes to an end in June.
Before I close, I would like to share my support of efforts by Attorney General Russell Coleman to block the Biden administration’s attempt to force states with federal interstates and highways to reduce carbon dioxide emissions or face potential penalties. The attorney general filed a preliminary injunction motion against a climate rule by the Federal Highway Administration that would force states like Kentucky to track and report transportation-related greenhouse emissions, an incredible overreach into state’s rights and an unnecessary mandate. If the rule takes effect, it could cost our commonwealth more than half a million dollars – money that could be better spent improving our roads and bridges.