2013 2013 County County Legislative Legislative IssuesIssues

Interim Joint Committee on Interim Joint Committee on

Local GovernmentLocal GovernmentNovember 28, 2012November 28, 2012

Legislative Committee Legislative Committee MembersMembersHon. Tommy Turner Hon. Tommy Turner

Committee ChairmanCommittee Chairman Larue County Judge/ExecutiveLarue County Judge/Executive

KACo PresidentKACo President

Hon. Tommy Turner Hon. Tommy Turner Committee ChairmanCommittee Chairman

Larue County Judge/ExecutiveLarue County Judge/ExecutiveKACo PresidentKACo President

KY Association of Circuit Court ClerksKY Association of Circuit Court Clerks

Hon. David Nicholson,Hon. David Nicholson, President, Jefferson President, Jefferson County Circuit Court ClerkCounty Circuit Court ClerkHon. Sally Jump,Hon. Sally Jump, Legislative Chair; Franklin Circuit Legislative Chair; Franklin Circuit Court ClerkCourt Clerk

KY Commonwealth’s Attorneys’ KY Commonwealth’s Attorneys’ AssociationAssociationHon. Matthew Leveridge,Hon. Matthew Leveridge, President, 57 President, 57thth Judicial Judicial CircuitCircuitHon. Christopher T. Cohron,Hon. Christopher T. Cohron, Legislative Director; Legislative Director; 8th Judicial Circuit 8th Judicial Circuit KY Coroners AssociationKY Coroners Association Hon. John P. Goble,Hon. John P. Goble, Scott County Coroner Scott County Coroner

KY County Attorneys AssociationKY County Attorneys Association

Hon. John Estill, Hon. John Estill, President; Mason County President; Mason County AttorneyAttorneyHon. Marc RobbinsHon. Marc Robbins, Legislative Committee; , Legislative Committee; Madison County Attorney Madison County Attorney Bill Patrick,Bill Patrick, Executive Director Executive Director

KY County Clerks AssociationKY County Clerks AssociationHon. Kay SchwartzHon. Kay Schwartz, President; Whitley County , President; Whitley County ClerkClerkBill MayBill May, Executive Director, Executive Director

KY Association of Circuit Court ClerksKY Association of Circuit Court Clerks

Hon. David Nicholson,Hon. David Nicholson, President, Jefferson President, Jefferson County Circuit Court ClerkCounty Circuit Court ClerkHon. Sally Jump,Hon. Sally Jump, Legislative Chair; Franklin Circuit Legislative Chair; Franklin Circuit Court ClerkCourt Clerk

KY Commonwealth’s Attorneys’ KY Commonwealth’s Attorneys’ AssociationAssociationHon. Matthew Leveridge,Hon. Matthew Leveridge, President, 57 President, 57thth Judicial Judicial CircuitCircuitHon. Christopher T. Cohron,Hon. Christopher T. Cohron, Legislative Director; Legislative Director; 8th Judicial Circuit 8th Judicial Circuit KY Coroners AssociationKY Coroners Association Hon. John P. Goble,Hon. John P. Goble, Scott County Coroner Scott County Coroner

KY County Attorneys AssociationKY County Attorneys Association

Hon. John Estill, Hon. John Estill, President; Mason County President; Mason County AttorneyAttorneyHon. Marc RobbinsHon. Marc Robbins, Legislative Committee; , Legislative Committee; Madison County Attorney Madison County Attorney Bill Patrick,Bill Patrick, Executive Director Executive Director

KY County Clerks AssociationKY County Clerks AssociationHon. Kay SchwartzHon. Kay Schwartz, President; Whitley County , President; Whitley County ClerkClerkBill MayBill May, Executive Director, Executive Director

KY County Judge/Executive AssociationKY County Judge/Executive Association

Hon. R.T. “Tucker” Daniel,Hon. R.T. “Tucker” Daniel, President; Johnson President; Johnson County Judge/ExecutiveCounty Judge/ExecutiveHon. Vince Lang,Hon. Vince Lang, Executive Director Executive Director

KY Jailers AssociationKY Jailers AssociationHon. Mike Simpson,Hon. Mike Simpson, President; Oldham County President; Oldham County JailerJailerRenee Craddock,Renee Craddock, Executive Director Executive Director

KY Magistrates & Commissioners KY Magistrates & Commissioners AssociationAssociationHon. Stephen Stark,Hon. Stephen Stark, President; Trimble County President; Trimble County MagistrateMagistrateHon. Hubie Pollett,Hon. Hubie Pollett, Legislative Chair; Shelby Legislative Chair; Shelby County MagistrateCounty MagistrateRichard Tanner,Richard Tanner, Executive Director Executive Director

KY Property Valuation Administrators KY Property Valuation Administrators AssociationAssociationHon. Ben Brown,Hon. Ben Brown, President; Logan County PVA President; Logan County PVAMack Bushart,Mack Bushart, Executive Director Executive Director

KY Sheriff’s AssociationKY Sheriff’s AssociationHon. Steve Sparrow,Hon. Steve Sparrow, President; Oldham County President; Oldham County SheriffSheriffJerry Wagner,Jerry Wagner, Executive Director Executive Director

KY County Judge/Executive AssociationKY County Judge/Executive Association

Hon. R.T. “Tucker” Daniel,Hon. R.T. “Tucker” Daniel, President; Johnson President; Johnson County Judge/ExecutiveCounty Judge/ExecutiveHon. Vince Lang,Hon. Vince Lang, Executive Director Executive Director

KY Jailers AssociationKY Jailers AssociationHon. Mike Simpson,Hon. Mike Simpson, President; Oldham County President; Oldham County JailerJailerRenee Craddock,Renee Craddock, Executive Director Executive Director

KY Magistrates & Commissioners KY Magistrates & Commissioners AssociationAssociationHon. Stephen Stark,Hon. Stephen Stark, President; Trimble County President; Trimble County MagistrateMagistrateHon. Hubie Pollett,Hon. Hubie Pollett, Legislative Chair; Shelby Legislative Chair; Shelby County MagistrateCounty MagistrateRichard Tanner,Richard Tanner, Executive Director Executive Director

KY Property Valuation Administrators KY Property Valuation Administrators AssociationAssociationHon. Ben Brown,Hon. Ben Brown, President; Logan County PVA President; Logan County PVAMack Bushart,Mack Bushart, Executive Director Executive Director

KY Sheriff’s AssociationKY Sheriff’s AssociationHon. Steve Sparrow,Hon. Steve Sparrow, President; Oldham County President; Oldham County SheriffSheriffJerry Wagner,Jerry Wagner, Executive Director Executive Director

KACo Board of DirectorsKACo Board of DirectorsExecutive Executive

CommitteeCommittee

Hon. Tommy Hon. Tommy TurnerTurnerPresidentPresidentLarue County Larue County Judge/ExecutiveJudge/Executive

Hon. Jerry Hon. Jerry “Peanuts” “Peanuts” GainesGainesPresident-ElectPresident-ElectWarren County Warren County SheriffSheriff

Hon. Buddy Hon. Buddy NicholsNichols1st Vice President1st Vice PresidentLyon County Lyon County MagistrateMagistrate

VacantVacant2nd Vice President2nd Vice President

Hon. John WilsonHon. John WilsonPast PresidentPast PresidentGarrard County Garrard County Judge/ExecutiveJudge/Executive

Hon. Alex BarnettHon. Alex BarnettHarrison County Harrison County Judge/ExecutiveJudge/Executive

Hon. Ben BrownHon. Ben BrownLogan County PVALogan County PVA

Hon. Karen R. BushartHon. Karen R. BushartClark County PVAClark County PVA

Hon. Matthew LeveridgeHon. Matthew LeveridgeCommonwealth AttorneyCommonwealth Attorney

Hon. R. T. “Tucker” Hon. R. T. “Tucker” DanielDanielJohnson County Johnson County Judge/ExecutiveJudge/Executive

Hon. John GobleHon. John GobleScott County CoronerScott County Coroner

Hon. John A. GobleHon. John A. GobleFloyd County MagistrateFloyd County Magistrate

Hon. Dennis BrooksHon. Dennis BrooksWolfe County Wolfe County Judge/ExecutiveJudge/Executive

Hon. Stanley H. Hon. Stanley H. HumphriesHumphriesTrigg County Trigg County Judge/ExecutiveJudge/Executive

Hon. Carl TolliverHon. Carl TolliverBoyd County CommissionerBoyd County Commissioner

Hon. Dean JohnsonHon. Dean JohnsonLaurel County ClerkLaurel County Clerk

Hon. Kay SchwartzHon. Kay SchwartzWhitley County ClerkWhitley County Clerk

Hon. Patrick BoggsHon. Patrick BoggsMason County SheriffMason County Sheriff

Hon. Darrell L. LinkHon. Darrell L. LinkGrant County Grant County Judge/ExecutiveJudge/Executive

Hon. Mike MillerHon. Mike MillerMarshall County Marshall County Judge/ExecutiveJudge/Executive

Hon. David L. NicholsonHon. David L. NicholsonJefferson County Circuit Court Jefferson County Circuit Court ClerkClerk

Hon. Jim Nickell Hon. Jim Nickell Rowan County Rowan County Judge/ExecutiveJudge/Executive

Hon. Sue Carole Perry Hon. Sue Carole Perry Shelby County ClerkShelby County Clerk

Hon. N. E. ReedHon. N. E. ReedEdmonson County Edmonson County Judge/ExecutiveJudge/Executive

Hon. Marc RobbinsHon. Marc RobbinsMadison County AttorneyMadison County Attorney

Hon. John A. SettlesHon. John A. SettlesWashington County Washington County Judge/ExecutiveJudge/Executive

Hon. Mike SimpsonHon. Mike SimpsonOldham County JailerOldham County Jailer

Hon. Stephen StarkHon. Stephen StarkTrimble County MagistrateTrimble County Magistrate

Hon. Steve SparrowHon. Steve SparrowOldham County SheriffOldham County Sheriff

Hon. Jim TownsendHon. Jim TownsendWebster County Webster County Judge/ExecutiveJudge/Executive

Hon. Ronald WrightHon. Ronald WrightCasey County Casey County Judge/ExecutiveJudge/Executive

Hon. John “Spike” WrightHon. John “Spike” WrightGallatin County AttorneyGallatin County Attorney

Hon. David BrownHon. David BrownHenry County MagistrateHenry County Magistrate

KACo Board of Directors - KACo Board of Directors - MAPMAP

Board Members

Board of DirectorsProgram Board

Legislative Advocacy Legislative Advocacy ProcessProcessEach affiliate organization of KACo has one vote on the Legislative Committee. The affiliate organizations of 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, 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 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 Association, the Kentucky County Judge/Executives Association, the Kentucky Jailers Association, the Kentucky Magistrates and Commissioners Association, the Kentucky Property Valuation Administrators Association, and Magistrates and Commissioners Association, the Kentucky Property Valuation Administrators Association, and the Kentucky Sheriffs Association.the Kentucky Sheriffs Association.

In order for the KACo Legislative Committee to either support or oppose legislation, 75% of the 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 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.taken by the Legislative Committee and what they mean.

SupportSupport

The KACo Legislative Committee believes this legislation would be beneficial to counties or county

officials and will work to help it win passage.

Under ReviewUnder Review 1) The KACo Legislative Committee

has not yet taken a position because members wish to obtain

additional information about the bill and how it could affect county

governments.

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.

OpposeOppose

The KACo Legislative Committee believes this legislation would be

harmful to counties or county officials and will work to defeat this

bill.

StrikeStrike

The KACo Legislative Committee believes this bill would have no

direct effect on county officials or county governments and will not

track the legislation.

PensionsPensions

ConstablesConstables

Tax ReformTax Reform

20132013 KACo ISSUES KACo ISSUES

Jail FundingJail Funding

E-911 FundingE-911 Funding

Special DistrictsSpecial Districts

SPECIAL DISTRICTS

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

Edelen Finds $2.7 Billion Ghost Government in Kentucky; Creates First Ever Database of

Special DistrictsSix-month effort results in call for legislative reform, more

transparency and accountability

E-911 FUNDING

Local governments provide the lion’s share of funding-85%-through local ordinance establishing a “landline” fee (40%) and general fund dollars (45%).

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.

114 out of 120 counties collect landline fees. Wireless fee of 70 cents on monthly bills provide about 15%

of the funding. This fee has never changed since its inception in 1998.

$1 increase=$17M annually $1.50 increase=$38M annually

JAIL FUNDINGSupreme Court of Kentucky

2012-12ORDER

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 taxesProposal # 52: Increase funding for PVA offices, or create a dedicated funding stream for PVA officesProposal # 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

5. Pension SpikingRecommendation: Employers required to also pay any additional actuarial costs for salary increases above 10% during the last 5 years employment.

6. Proposed KRS Board StructureRecommendation: Increase from current 9 to 11 members-5 elected, 5 appointed, with one chosen from a list submitted by the following groups: KACo, KLC and KSBA.

7. Proposed Plan for New HiresRecommendation: Hybrid Cash Balance Plan

1. Funding Phase-In: KERS/SPRS

Recommendation: Begin full ARC payments in FY 14-15 for KERS, SPRS

2. Retiree Cost of Living Adjustment

Recommendation: Repeal COLA provisions.

3. Funding-Amortization Period

Recommendation: Reset for KERS, CERS and SPRS.

4. Reemployment after Retirement

Recommendation: Extend required break in employment to 2 years for 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:Non-hazardous employer contribution rate: 19.55% of payrollApproximately 9% of that covers retirement benefit and health insurance Remainder pays down unfunded liability

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

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

Mark Your CalendarMark Your Calendar

KACo & Affiliates KACo & Affiliates

Legislative ReceptionLegislative Reception

Thursday, February 21, Thursday, February 21, 20132013

5:30 p.m. – 7:30 p.m.5:30 p.m. – 7:30 p.m.

Frankfort Civic CenterFrankfort Civic Center

Contact Contact • Hon. Tommy Turner, Hon. Tommy Turner, President:President:

lcjudge@scrtc.netlcjudge@scrtc.net• Jerry “Peanuts” Gaines, Jerry “Peanuts” Gaines, President-Elect:President-Elect:

oanthony@wcsoky.netoanthony@wcsoky.net• Legislative Staff:Legislative Staff:

Denny Nunnelley, Denny Nunnelley, Executive DirectorExecutive Director

Brian Roy, Brian Roy, Deputy DirectorDeputy Director

Tim Sturgill, Tim Sturgill, General CounselGeneral Counsel

Shellie Hampton, Shellie Hampton, Director of Governmental RelationsDirector of Governmental Relations

Roger Recktenwald, Roger Recktenwald, Director of Research & PlanningDirector of Research & Planning

Ellen Williams, Ellen Williams, Contract Lobbyist Contract Lobbyist

502-223-7667 502-223-7667 www.kaco.orgwww.kaco.org