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2018 Kentucky legislative session

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2018 legislative sessions coverage
Kentucky General Assembly

Seal of Kentucky.png
General information
Type:   State legislature
Term limits:   None
Session start:   January 2, 2018
Session end:   April 14, 2018
Website:   Official Legislature Page
Leadership
Senate President:   Robert Stivers (R)
House Speaker:  Vacant
Majority Leader:   Senate: Damon Thayer (R)
House: Jonathan Shell (R)
Minority Leader:   Senate: Ray Jones (D)
House: Rocky Adkins (D)
Structure
Members:  38 (Senate), 100 (House)
Length of term:   4 years (Senate), 2 years (House)
Authority:   The Legislative Department, Kentucky Constitution, Sec 29
Salary:   $188.22/day + per diem
Elections
Redistricting:  Kentucky Legislature has control
Meeting place:
Kentucky State Capitol.jpg

This page provides an overview of the 2018 Kentucky General Assembly and its general and special sessions. The timelines below contain noteworthy events from the sessions curated by Ballotpedia throughout the year.

If you know of any additional events that should be added to this page, please email us at editor@ballotpedia.org.

Overview

In 2018, the Kentucky General Assembly was in session from January 2, 2018, through April 14, 2018. The legislature held a special session from December 17 to December 18, 2018.

Partisan control

Kentucky was one of 26 Republican state government trifectas in 2018. A state government trifecta occurs when one political party holds the governor's office, a majority in the state Senate, and a majority in the state House. For more information about state government trifectas, click here.

The following tables show the partisan breakdown of the Kentucky General Assembly in the 2018 legislative session.

Senate

Party As of July 2018
     Democratic Party 11
     Republican Party 27
     Vacancies 0
Total 38

House

Party As of July 2018
     Democratic Party 37
     Republican Party 63
     Vacancies 0
Total 100

Leadership in 2018

Senate

House

Regular session

Status of legislation at the end of the regular session

This table details the status of legislation covered on this page at the end of the regular session.

Status of legislation at the end of the 2018 regular session
Legislation Subject area Actions during the regular session Status at the end of the regular session
SB 3 Marsy's Law constitutional amendment Passed Senate
Passed House 		Approved by voters on November 6, 2018, but overturned by courts
SB 4 Amendment to move state election dates to presidential election years Passed Senate Did not see further action
HB 366 Tax plan Passed House
Passed Senate
Passed General Assembly in conference committee
Governor vetoed 		Veto overturned
HB 454 Prohibit certain abortion procedure after 11th week of pregnancy Passed House
Passed Senate with amendments
House approved amendments 		Governor signed
SB 151 Pension system changes Passed General Assembly
Governor signed 		Ruled unconstitutional
HB 200 Budget Passed General Assembly
Governor vetoed 		Veto overturned

January 10, 2018

Kentucky Senate passes Marsy's Law; needs House approval to go on 2018 ballot
The state Senate voted 34-1 to pass a Marsy’s Law amendment, a measure that would provide certain constitutional rights for crime victims. At the time of the amendment's passage in the Senate, Marsy's Law had been approved in six other states, including through the initiative process in neighboring Ohio in 2017. One Republican voted against the amendment. The amendment was sent to the state House, where it needed approval by 60 of 100 members in order to go before voters in November 2018. Read more here.

Update: The state House approved the amendment on January 24, 2018. It appeared before voters in the November 2018 election.
See also:
Kentucky Marsy's Law Crime Victims Rights Amendment (2018)
Marsy's Law crime victim rights

January 11, 2018

Kentucky Senate approves amendment to move state election dates to presidential election years
The Kentucky State Senate approved an amendment to change the election date for state executive officials from odd-numbered years to even-numbered presidential election years beginning in 2024. The vote fell along party lines, with Republicans supporting and Democrats opposing the amendment. The amendment was sent to the state House, where it needed approval by 60 of 100 members in order to go before voters in November 2018. Read more here.

Update: The legislation was sent to the state House, where it did not see further action.
See also: Kentucky State Executive Elections in Even-Numbered Years Amendment (2018)

March 1, 2018

Kentucky House approves tax on opioids
The Kentucky House of Representatives approved a budget and tax plan that included a proposed 25-cent levy per dose of opioids. State officials projected the tax would bring in $70 million per year.[1][2]

Lawmakers proposed an opioid tax in 2017 that failed to pass.[2]

Kentucky had the 5th highest drug overdose death rate in the nation based on 2016 data from the Centers for Disease Control and Prevention.[3] It was also one of at least 13 states with pending legislation to tax opioids, according to the National Conference of State Legislatures. None of those proposals had been enacted as of the bill's passage in the state House.[4]

Update:
  • The state Senate approved the legislation with amendments on March 20, 2018. The Senate version did not include the House's provision to tax opioids.[5]
  • The General Assembly approved the bill with amendments in conference committee on April 2, 2018. Gov. Matt Bevin (R) vetoed it on April 9, 2018. The General Assembly overturned the veto on April 13, 2018.

March 22, 2018

Kentucky Senate approves abortion-related legislation
The Republican-controlled Kentucky State Senate voted 31 to 5 in favor of a bill that would prohibit an abortion procedure called dilation and evacuation after a woman's 11th week of pregnancy, except in medical emergencies. The Republican-controlled House approved the legislation by a 71-11 vote on March 12.[6] The procedure accounted for 16 percent of abortions performed in Kentucky in 2016.[7]

Opponents of the bill said it would ban the most common procedure for second-trimester abortions, impede a woman's right to medical privacy, and likely be challenged in court. Kate Miller, advocacy director for the American Civil Liberties Union of Kentucky, said, "We believe it’s callous to impose one rule on every single woman, without knowing the circumstances of her pregnancy."[6][7] Bill sponsor Rep. Addia Wuchner (R) tweeted that the bill would "[protect] unborn children in Kentucky from intentional bodily dismemberment of their limbs, crushing or vivisection."[8]

The legislation was sent back to the House for a second vote. Gov. Matt Bevin, a Republican, did not comment on the legislation but expressed support in the past for limiting abortion procedures.[7]

Update: The state House approved Senate amendments on March 27, 2018, and Gov. Matt Bevin (R) signed it on April 10, 2018.

March 27, 2018

Bill restricting abortion procedure from 11th week of pregnancy heads to governor
The Kentucky House of Representatives concurred in Senate amendments to HB 454, a bill to prohibit an abortion procedure known as dilation and evacuation after 11 weeks of pregnancy, except in cases of medical emergency. The bill summary described its intent as "to prohibit an abortion on a pregnant woman that will result in the bodily dismemberment, crushing, or human vivisection of the unborn child." The legislation passed the Kentucky State Senate on March 22 and the House agreed to changes in a 75-to-13 vote.[9] The bill was sent to the Republican Gov. Matt Bevin, who previously referred to himself as "100 percent pro-life."[10]

According to Reuters, similar measures in other states including Texas, Oklahoma, Alabama, Arkansas, and Kansas faced legal challenges and were struck down in court.[11] Read more here.

Update: Gov. Matt Bevin (R) signed the legislation on April 10, 2018.

March 29, 2018

Legislators approve bill changing pension system
The Republican-majority Kentucky General Assembly amended SB 151, a bill about sewage services, to include provisions from SB 1, a bill to change the state pension system. The legislation passed the House 49 to 46, and the Senate, 22 to 15. It was sent to the Republican Gov. Matt Bevin's desk. Bevin previously expressed support for changing the pension system.[12]

The pension bill would provide current and retired teachers with a 1.5 percent increase in retirement checks. New teachers would be required to enter a cash balance plan, in which they would be guaranteed to receive all funds they and taxpayers contribute to their retirement accounts, plus 85 percent of investment gains. The other 15 percent would go to the state.[12] The bill additionally proposed that "'inviolable contract' provisions shall not apply to legislative changes that become effective on or after July 1, 2018," for members of the state Teachers' Retirement System.[12]

Lawmakers disagreed on the benefits of the bill. Rep. John Carney (R), also a teacher, supported the bill, saying, "This directly affects me. And that’s why I have chosen to take this stance today to try to help calm our educators and others to say this is necessary to solidify your future pension." Opponents questioned the bill's financial impact as well as the impact it could have on state employees and school districts.[12]

Teachers protested the legislation. The Jefferson County teachers union encouraged educators to protest for more education funding at the capitol on April 2. Brent McKim, Jefferson County union president, said the group planned to challenge the legislation in court.[13]

Update: Gov. Matt Bevin (R) signed the legislation on April 10, 2018. Attorney General Beshear filed a lawsuit on April 11, 2018. The Kentucky Supreme Court invalidated the law on December 13, 2018.

April 2, 2018

Kentucky General Assembly approves bill changing tax code
The Kentucky General Assembly approved the first piece of legislation that would change the state's tax code since 2005. The bill passed the state House 51 to 44 and the state Senate 20 to 18.[14]

The legislation would:

  • reduce the individual and corporate tax code to 5 percent. At the time of the bill's passage, residents earning more than $8,000 paid 5.8 percent on individual income tax and residents earning more than $75,001 paid 6 percent.
  • raise the cigarette tax by 50 cents, from 60 cents per pack to $1.10 per pack.
  • institute taxes on 17 services including but not limited to landscaping, golf courses, veterinary care, and fitness and recreational sports centers.
  • disallow state income tax deductions such as deductions for medical expenses or interest expense on investments.[14][15]

The bill left a conference committee in the morning and was passed by the end of the day on April 2.

In a Republican-controlled legislature, Republicans were divided on the merits of the legislation.

Supporters such as Rep. Steven Rudy (R) and Senate President Robert Stivvers (R) said the bill would make Kentucky more competitive, expanded the state's tax base, and was the most equitable way to raise state revenue.[15]

Gov. Matt Bevin (R) questioned whether the legislation was fiscally responsible.[15] State Budget Director John Chilton also questioned the revenue projections of the bill. In a letter to Gov. Bevin, Chilton said his office calculated that revenues from the bill would be at least $50 million lower than the $478 million anticipated by the legislative research commission.[16]

Policy groups also expressed doubt about the legislation. Andrew McNeil, state director of Americans for Prosperity Kentucky, said the bill contained "unchecked spending and ... massive new tax increases."[15][17]

Democrats such as House Minority Leader Rocky Adkins said the tax legislation was "a tax shift to those least able to pay."[18] Read more here.

Update: Gov. Matt Bevin (R) vetoed the legislation on April 9, 2018. The General Assembly overturned the veto on April 13, 2018.

April 9, 2018

Gov. Bevin vetoes bill changing tax code
Bevin vetoed a bill that would change the state tax code (HB 366) in its entirety. In his veto letter, Bevin said the bill had positive aspects but left "in place several extremely bad taxes that harm Kentucky's competitiveness," specifically mentioning consumption taxes and inventory tax provisions included in the bill. Bevin also said HB 366 would make the tax code too complex, would not meet revenue projections, and added that it did not "address many inequities in the tax code that currently favor government over free enterprise."[19]

The Jefferson County teachers union called on the Kentucky General Assembly to override the governor's veto.[20] Read more here.

The tax measure, House Bill 366, originally passed 51 to 44 in the House with five members not voting and 20 to 18 in the Senate (all members voting).[21] Read more here.

Update: The General Assembly overturned the veto on April 13, 2018. A veto override required a constitutional majority in the legislature (20 members in the Senate and 51 members in the House).

April 10, 2018

Gov. Bevin signs pension legislation
Republican Gov. Matt Bevin signed legislation changing the state's pension system. The legislation was a key part of teacher protests on March 30. It moves future teachers from a defined benefit plan to a hybrid cash balance plan, in which retirement payments come out of teacher salaries.[22]

The Kentucky Education Association, who opposed the bill, called on members to rally at the state capitol on April 13. Gov. Bevin said of the call for action, "If we want to punish students by having their teachers walk out on them because they are instructed to do so by the KEA, the KEA doesn't know which side of this they're on."[23]

Attorney General Andy Beshear, a Democrat, tweeted that his office would challenge the legislation.[23]

Update: Attorney General Beshear filed a lawsuit on April 11, 2018. The Kentucky Supreme Court invalidated the law on December 13, 2018.

Gov. Bevin signs bill prohibiting abortion procedure after 11th week of pregnancy
Republican Gov. Matt Bevin signed House Bill 454, which would prohibit an abortion procedure known as dilation and evacuation after 11 weeks of pregnancy, except in cases of medical emergency. Bevin said in a statement, "HB 454 signifies Kentucky's unwavering commitment to protecting the rights of unborn children. In a society that increasingly devalues human life, we must continue to unapologetically advance laws that will protect those who cannot protect themselves. With every pro-life bill that becomes law, we send the same message: Kentucky stands for life."[24]

The American Congress of Obstetricians and Gynecologists said banning procedures such as dilation and evacuation "limit the ability of physicians to provide women with the medically appropriate care they need, and will likely result in worsened outcomes and increased complications."[24]

The American Civil Liberties Union filed a lawsuit challenging HB 454 on behalf of EMW Women's Surgical Center, the last clinic that performs abortions in Kentucky.[25]

April 13, 2018

Legislature overrides veto tax bill
The Republican-controlled Kentucky State Legislature voted to override Gov. Matt Bevin's (R) veto of a bill (HB 366) to change the state tax code. The House voted 57 to 40 and the Senate voted 20 to 18 in favor of overriding the veto of HB 366.[26]

Budget

2018

On April 13, the Kentucky House of Representatives voted 66 to 28, and the Kentucky State Senate voted 26 to 12 to override Republican Gov. Matt Bevin's veto of a budget bill (HB 200). Gov. Bevin vetoed HB 200 on April 9. The Republican-controlled legislature originally approved the bill on April 2 by a 59-36 vote in the state House with five members not voting and a 25-13 vote with all members voting in the state Senate.[27][26]

In his veto letter, Bevin said HB 200 did "not result in a balanced budget," saying that it did not have an analysis from the office of state budget director and failed to provide "budget relief for our most financially troubled coal counties."[27]

Legislative leaders issued a joint statement urging the governor to meet with legislators: "To our knowledge, the Governor has had no discussions with any legislators on the details of this budget and what he might consider to be a shortfall. We believe Governor Bevin would be best served to meet with legislators to understand their thoughts and rationale before making a final decision on vetoing the revenue and/or budget bills."[28]

The bill included the following provisions and allocations, among others:

  • $3.3 billion over two years for state public pension systems. According to the Courier Journal, Kentucky's pension systems had $43 billion in unfunded liabilities at the time of the bill's passage.
  • $59.5 million in 2019 for health insurance for teachers who retired since 2010 but were not yet 65 at the time of the bill's passage.
  • $31 million per year in performance-based funding for state universities and a 6.25 percent reduction in base higher education funding.
  • School funding at a base level of $4,000 per student.
  • Additional education funding including transportation and employee health insurance costs.
  • Funding for programs that Gov. Bevin proposed to cut, such as the Access to Justice legal aid program, County Fair Improvement grants, and the Lexington Hearing and Speech Center.
  • $310 million from the Public Employee Health Insurance Fund would be moved to elsewhere in the state budget.
  • A measure allowing university administrators to dismiss tenured professors if their program was eliminated.[29]

Process

See also: Kentucky state budget and finances
Kentucky on Public Policy Logo-one line-on Ballotpedia.png
Check out Ballotpedia articles about policy in your state on:
Budgets • Civil liberties • Education • Elections • Energy • Environment • Healthcare • Pensions

The state operates on a biennial budget cycle. The sequence of key events in the budget process is as follows:[30]

  1. Budget instructions are sent to state agencies in July of the year preceding the start of the biennium.
  2. State agencies submit their budget requests by November 15.
  3. The governor submits his or her proposed budget to the legislature 10 legislative days after it convenes in early January.
  4. The state legislature adopts a budget in April. The biennium begins July 1.

Kentucky is one of 44 states in which the governor has line item veto authority.[30][31]

The governor is statutorily required to submit a balanced budget proposal. The legislature is constitutionally required to pass a balanced budget.[30]

Special session: December 17-December 18

December 17, 2018

Legislature convenes
Gov. Matt Bevin (R) issued a proclamation for a special legislative session "for the sole purpose of considering legislation regarding the Commonwealth's public employee pension plan."[32] Bevin called for the session four days after the Kentucky Supreme Court ruled against the legislative methods used to pass Senate Bill (SB) 151. The court's ruling invalidated the law, which would have changed the state employee pension system.

The General Assembly passed SB 151 on March 29 and Bevin signed it on April 10. On April 11, Attorney General Andy Beshear (D) challenged the law in court. Click here to read more about the lawsuit. Also in April, public school teachers went on strike over SB 151 and concerns about the state budget. Click here for more information about the strike.

Acting House Speaker David Osborne (R) said the House was prepared to convene. "Our caucus stands willing and able to do the people's business and lead on the critical issues facing Kentucky," he said. House Minority Leader Rocky Adkins (D) said the proclamation was "the most short-sighted and unnecessary action I have ever seen a governor make."[33]

December 18, 2018

Legislature adjourns
The legislature adjourned without passing a pension bill to replace SB 151. Acting House Speaker David Osborne (R) said the bills the governor proposed—HB 1 and HB 2—differed from SB 151.[34] According to the Courier Journal, HB 1 and HB 2 included the same main provision as SB 151—to include teachers hired in 2019 on a cash balance retirement plan, rather than a traditional pension plan. However, the bills removed provisions to decrease certain benefits and to change how pensions plans were funded.[35]

Bevin expressed disappointment with the legislature. In an official statement, he said lawmakers "came up short of their responsibility as representatives of the people of Kentucky. The result indicates that some of our legislators do not understand the gravity of the problem, or are here to put their political and personal interests ahead of what is best for our state’s financial health."[36]

Osborne said, "We took our mission seriously. We took the consequences seriously," but the legislature could not pass new legislation in the limited amount of time the special session offered. "The Majority will not run from making the tough decisions that have been ignored for years. … However, we will not address this crisis within the confines of a five day special session," he said.[37]

A 2018 publication from the Pew Charitable Trusts using 2016 data (the most recent available) calculated that Kentucky had the lowest public pension funded ratio—the ratio of assets to liabilities—of the 50 states at 31 percent (New Jersey also had a 31-percent funded ratio).[38]

Noteworthy events

Kentucky public school teachers strike

On April 2, 2018, public school teachers walked off the job to protest legislation changing teacher pensions and to express concern about the state budget. More than 20 schools closed on Friday, March 30, 2018, as educators took sick days or asked for substitutes, and teachers continued to protest on Monday, April 2, 2018.[39] On April 13, the Republican-controlled Kentucky General Assembly voted to override Republican Gov. Matt Bevin's veto of a budget bill that increases per-student funding over previous levels.

Background

  • A 2017 publication from the Pew Charitable Trusts using 2015 data (the most recent available at the time) calculated that Kentucky had the second-lowest public pension funded ratio—the ratio of assets to liabilities—of the 50 states at 38 percent (New Jersey was the lowest at 37 percent).[40] Morningstar, an investment research company, considers a funded ratio below 70 percent to be fiscally unstable.[41]
  • The state budget proposal shifted public education funds from the state to local jurisdictions.[42] Teachers demanded more funding for textbooks and school programs.[43]
  • According to the Kentucky Center for Economic Policy (KCEP), education funding shifted from state to local revenue sources between 1990 and 2016. Education funding from state sources decreased due to tax cuts and state budget reductions resulting from the 2007-2009 economic recession. State funding per-pupil, when adjusted for inflation, decreased 14 percent between 2008 and 2016, while local funding per-pupil increased 5 percent during the same period.[44][45]
  • Kentucky ranked 31st (out of 50 states plus Washington, D.C.) in the National Education Association's 2017 ranking for per-pupil expenditures, spending $10,508 per student. The national average was $11,642.[46]

March 30: Schools close in response to pension legislation

  • The legislation, Senate Bill 151, requires new teachers to enter a hybrid cash balance plan for retirement and includes a provision that contracts could be subject to change through legislative action at a later date.[12]

April 2: Teachers rally at the capitol

  • Teachers and public employees protested at the state capitol against Senate Bill 151 and the state budget.
  • Kentucky Education Association President Stephanie Winkler referred to the pension bill as a "bomb that exploded on public service."[43] At a press conference, Winkler said, "This is just one more dig at public education as a whole, and you're seeing that all across the nation, from West Virginia to Arizona."[47]
Rep. John Carney (R), also a teacher, supported the bill, saying, "This directly affects me. And that’s why I have chosen to take this stance today to try to help calm our educators and others to say this is necessary to solidify your future pension."[12]

April 4: Kentucky Chamber of Commerce supports pension bill

  • The Kentucky Chamber of Commerce released a letter to the editor in The Northern Kentucky Tribune in support of the pension legislation, saying they thought the legislation was a reasonable solution to problems with the state pension system. "This solution ensures the viability of the pension system for current and future public servants. We applaud the General Assembly for addressing the major concerns raised by our local governments, school systems and others in the County Employment Retirement System (CERS)."[48]

April 9: Gov. Bevin vetoes budget and tax bills

  • Bevin also vetoed a bill that would change the state tax code (HB 366) in its entirety. In his veto letter, Bevin said the bill had positive aspects but left "in place several extremely bad taxes that harm Kentucky's competitiveness" and added that it did not "address many inequities in the tax code that currently favor government over free enterprise."[19]
The Jefferson County teachers union called Bevin's veto of HB 366 "nothing short of reprehensible" and said it would harm Kentucky teachers. The union called on lawmakers to override Bevin's veto. It also encouraged teachers who were able to take personal days to protest at the state capitol on April 13.[20]
Bevin said a teacher strike would be irresponsible and illegal.[20]
  • In a press conference to announce the vetoes, Bevin blamed the Kentucky Education Association (KEA) for recent conflicts between educators and lawmakers, saying, "The issue isn't the teachers. ... The KEA has been a problem." He also said the KEA refused "to be a part of the solution."[20]
KEA President Stephanie Winkler responded that Bevin was insulting teachers and released a statement saying, "In dismissing those bills out of hand, Governor Bevin shows that he cares as little for legislators’ work as he cares for the work of Kentucky's other public employees."[20]

April 10: Gov. Bevin signs pension legislation

  • The Kentucky Education Association, who opposed the bill, called on members to rally at the state capitol on April 13. Gov. Bevin said of the call for action, "If we want to punish students by having their teachers walk out on them because they are instructed to do so by the KEA, the KEA doesn't know which side of this they're on."[23]

April 13: Teachers rally at the capitol, legislature overrides vetoes

  • More than 30 districts canceled class as teachers rallied at the state capitol to protest changes to the state pension system and a lack of education funding.[49] Parents and students joined with educators to protest.[50]
  • According to WAVE 3 News, teachers voiced concerns that the pension legislation would result in early retirements and would make Kentucky a less attractive state for new teachers.[50] Educators also demanded the legislature override a veto of a budget and a revenue bill which would have raised per-student education funding.[51]
  • The Republican-controlled Kentucky General Assembly voted to override Republican Gov. Matt Bevin's veto of a budget bill and a tax bill. The two-year budget increased funding for public education by raising the cigarette tax by 50 cents and the sales tax on certain services to 6 percent.[26]

April 14: Kentucky House rebukes governor for comments about children and sexual abuse

  • Gov. Bevin said on April 13:[49]
“ I guarantee you somewhere in Kentucky today a child was sexually assaulted that was left at home because there was nobody there to watch them. I guarantee you somewhere today a child was physically harmed or ingested poison because they were home alone because a single parent didn't have any money to take care of them. I'm offended by the idea that people so cavalierly and so flippantly disregarded what's truly best for children.[53] ”

April 15: Gov. Bevin apologizes for comments that children were sexually abused during strike

  • Gov. Matt Bevin (R) apologized for comments he made on April 13 suggesting that children were sexually abused, physically harmed, or poisoned because they were home alone instead of being in school: "I hurt a lot of people. Many people have been confused or hurt, or just misunderstand what I was trying to communicate. ... I apologize for those who have been hurt by the things that were said. It was not my intent."[49][54]

April 17: Teachers, Democrats reject Bevin's apology

  • Jefferson County Teachers Union Vice President Tammy Berlin told CNN that Gov. Matt Bevin's (R) apology for comments that children were sexually abused, physically harmed, or poisoned during the teacher strike was "a disingenuous apology. He didn't really apologize for what he said. He just apologized for how people construed it which is not really an apology at all."[55]
  • Kelsey Hayes Coots, a teacher in Jefferson County Public Schools, said in a video published by WAVE News that she found the comments disturbing and did not accept the governor's apology.[55]
  • Kentucky House Democratic Leader Rocky Adkins said Bevin's video apology "shows he still does not comprehend why so many were understandably upset."[55]

Attorney General sues governor over pension law

On April 11, the Democratic Attorney General Andy Beshear along with the Kentucky Education Association and the Kentucky State Lodge Fraternal Order of Police filed a lawsuit challenging legislation (SB 151) that proposed changing state employee pensions. Gov. Matt Bevin (R) signed SB 151 April 10. Beshear argued the legislation "reduces the retirement benefits of the over 200,000 active members of the pension systems. ... In doing so, it breaks the 'inviolable' contract that the Commonwealth made with its public employees." The lawsuit also claimed the legislature used an illegal process to pass the bill.[57]

Beshear asked the court to declare the legislation unconstitutional and to prevent its enforcement through a restraining order, temporary injunction, and permanent injunction.[57]

Elizabeth Kuhn, communications director for Gov. Bevin, issued a statement in response. She claimed former Gov. Steve Beshear (D) (the attorney general's father) underfunded pension systems while he was in office. Kuhn also said, "The Attorney General has threatened litigation since the process began, proving that he cared less about the contents of pension reform and more about scoring political points."[58] Read more here.

On June 20, 2018, the Franklin Circuit Court ruled the legislative actions taken to pass SB 151 were unconstitutional and prohibited the state from enforcing the legislation.[59]

On August 10, Gov. Bevin filed an appeal asking the Kentucky Supreme Court to overturn the circuit court's decision. The supreme court accepted to hear the case, hearing oral arguments on September 20.[60]

For a timeline of the litigation, click here.

On December 13, the state supreme court upheld the circuit court's earlier decision. Justice Daniel Venters, who was appointed by former Gov. Beshear, wrote for the court. Venters argued that "the passage of SB 151 did not comply with the three-readings requirement of § 46 and that the legislation is, therefore, constitutionally invalid and declared void." He referred to § 46 of the Kentucky Constitution, which established a three-reading requirement in which a bill must be read at length on three different days in each chamber before it can pass. He wrote that SB 151, which was initially a bill about wastewater services and was amended to address the state pension system, did not comply with the requirement because it was not read three times in its final form. The ruling stated, "SB 151 was never 'read' in either chamber by its title as an act relating to retirement and public pensions."[61] Click here to read the full ruling.

At the time of the decision, the seven-member supreme court consisted of two judges appointed by Beshear, two judges appointed by Gov. Ernie Fletcher (R), and three elected judges.

In an official statement, Bevin said the ruling was "an unprecedented power grab by activist judges. ... In the long-term, this will erode the rule of law that is the foundation of our government, but more immediately, this will destroy the financial condition of Kentucky."[62]

Beshear said the ruling was "an important win for good government and transparency. It sends a message that the Constitution does not allow lawmakers to hide their actions."[63]

Sexual misconduct in the Kentucky

See also: Sexual misconduct in state capitols (2017-2018)

Click on the links below for more information about allegations of sexual misconduct involving the following officials.

Legislatively referred constitutional amendments

In every state but Delaware, voter approval is required to enact a constitutional amendment. In each state, the legislature has a process for referring constitutional amendments before voters. In 18 states, initiated constitutional amendments can be put on the ballot through a signature petition drive. There are also many other types of statewide measures.

The methods by which the Kentucky Constitution can be amended:

See also: Mode of Revision, Kentucky Constitution and Laws governing ballot measures in Kentucky

The Kentucky Constitution provides two mechanisms for amending the state constitution—a legislative process and a state constitutional convention. Kentucky does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes.

Legislature

See also: Legislatively referred constitutional amendment

A 60% vote is required during one legislative session for the Kentucky State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 60 votes in the Kentucky House of Representatives and 23 votes in the Kentucky Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot. The Legislature cannot add more than four constitutional amendments to one election ballot.

Convention

See also: Convention-referred constitutional amendment

According to the Kentucky Constitution, the state Legislature can vote to refer a constitutional convention question to voters. A simple majority vote is required during two successive legislative sessions of the Legislature to place a constitutional convention question on the ballot. Turnout for those voting 'yes' at the election must be equal to at least 25% of the qualified electors who voted at the last general election.


See also

Elections Kentucky State Government State Legislatures State Politics
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External links

Footnotes

  1. ↑ The Washington Post, "Kentucky House votes to tax opioids to close budget gap," March 1, 2018
  2. ↑ 2.0 2.1 Stat, "Kentucky could become the first state to tax opioid prescriptions," March 2, 2018
  3. ↑ Centers for Disease Control and Prevention, "Drug Overdose Mortality by State," accessed March 7, 2018
  4. ↑ Fox News, "Kentucky pushes first-in-nation opioid tax," March 3, 2018
  5. ↑ Lexington Herald Leader, "Kentucky Senate reveals state budget with many of Bevin’s cuts, no new taxes," March 20, 2018
  6. ↑ 6.0 6.1 Reuters, "Kentucky Senate passes bill restricting abortion procedure," March 23, 2018
  7. ↑ 7.0 7.1 7.2 The State Journal, "Senate OKs bill to ban abortion procedure after 11 weeks," March 22, 2018
  8. ↑ Twitter, "Addia Wuchner on March 22, 2018," accessed March 26, 2018
  9. ↑ Kentucky Legislature, "HB454," accessed March 28, 2018
  10. ↑ The Hill, "Kentucky House passes measure to restrict abortions after 11 weeks," March 27, 2018
  11. ↑ Reuters, "Kentucky House passes bill restricting abortions," March 27, 2018
  12. ↑ 12.0 12.1 12.2 12.3 12.4 12.5 The State Journal, "Quickly resurrected pension bill clears legislature," March 29, 2018 Cite error: Invalid <ref> tag; name "pension" defined multiple times with different content Cite error: Invalid <ref> tag; name "pension" defined multiple times with different content
  13. ↑ 13.0 13.1 Courier Journal, "Kentucky teachers shut down schools in protest over the pension bill. Here's what we know," March 30, 2018
  14. ↑ 14.0 14.1 Courier Journal, "Tax reform bill introduced and approved by Kentucky legislature in mere hours," April 2, 2018
  15. ↑ 15.0 15.1 15.2 15.3 Lexington Herald Leader, "Legislature passes big changes in tax code, restores many controversial cuts in budget," April 2, 2018
  16. ↑ Courier Journal, "Kentucky budget director says tax changes would lead to a $50 million shortfall," April 7, 2018
  17. ↑ Americans for Prosperity describe themselves as "persuading public officials to embrace an agenda of economic freedom, educating our friends and neighbors on the issues shaping our economy, and getting everyone involved in building a culture of freedom at the local, state and federal levels." Americans for Prosperity, "Our Mission," accessed April 3, 2018
  18. ↑ WKYT, "Kentucky lawmakers pass budget; It and tax plan head to governor," April 2, 2018
  19. ↑ 19.0 19.1 Kentucky Legislature, "Veto message from the governor of the Commonwealth of Kentucky regarding House Bill 366 of the 2018 regular session," April 9, 2018
  20. ↑ 20.0 20.1 20.2 20.3 20.4 Courier Journal, "Matt Bevin warns Kentucky teachers against a walkout: 'That would be a mistake,'" April 9, 2018
  21. ↑ Lexington Herald Leader, "What happens if Kentucky lawmakers don’t override Matt Bevin’s vetoes of budget and tax bills?" April 10, 2018
  22. ↑ USA Today, "Kentucky teachers union calls for 'day of action' Friday," April 10, 2018
  23. ↑ 23.0 23.1 23.2 CNN, "Kentucky governor signs controversial pension bill as teachers call for rally," April 11, 2018
  24. ↑ 24.0 24.1 CNN, "New restrictions on abortion in Kentucky face immediate challenge," April 12, 2018
  25. ↑ WHAS 11 ABC, "ACLU files lawsuit over new abortion bill," April 11, 2018
  26. ↑ 26.0 26.1 26.2 U.S. News & World Report, "Teacher Victory: Kentucky Lawmakers Override Budget Veto," April 13, 2018
  27. ↑ 27.0 27.1 27.2 Kentucky Legislature, "Veto message from the governor of the Commonwealth of Kentucky regarding House Bill 200 of the 2018 regular session," April 9, 2018
  28. ↑ Raw Story, "Kentucky’s GOP governor dares teachers to walk out after vetoing budget deal," April 9, 2018
  29. ↑ Courier Journal, "Here's what you need to know about what's in (and not in) the Kentucky budget bill," April 3, 2018
  30. ↑ 30.0 30.1 30.2 National Association of State Budget Officers, "Budget Processes in the States, Spring 2021," accessed January 24, 2023
  31. ↑ National Conference of State Legislatures, "Separation of Powers: Executive Veto Powers," accessed January 26, 2024
  32. ↑ Commonwealth of Kentucky, "Proclamation by Matthew G. Bevin, Governor," December 17, 2018
  33. ↑ The State, "Kentucky gov calls legislature in session for pension vote," December 17, 2018
  34. ↑ The Tribune, "Kentucky legislature adjourns without passing pension bill," December 18, 2018
  35. ↑ Courier Journal, "Pension special session called off after little more than a day," December 18, 2018
  36. ↑ WBKO, "Gov. Bevin's statement on conclusion of Special Session on Kentucky's Pension Bill," December 18, 2018
  37. ↑ Lex 18, "Kentucky House Republicans Abandon Special Session Without Pension Bill," December 18, 2018
  38. ↑ Pew, "The State Pension Funding Gap: 2016," April 12, 2018
  39. ↑ KTLA, "Inspired by West Virginia Strike, Teachers in Oklahoma and Kentucky Plan Walk Out," April 2, 2018
  40. ↑ Pew Charitable Trusts, "Measuring the Fiscal Health of State Pension Plans," July 19, 2017
  41. ↑ Governing.com State Pension Plans: Liabilities, Funded Ratios," accessed February 29, 2014
  42. ↑ New York Magazine, "Teachers Go on Strike in Two More Red States," April 2, 2018
  43. ↑ 43.0 43.1 CNN, "Kentucky and Oklahoma teachers flood state capitals -- and refuse to back down," April 2, 2018
  44. ↑ Kentucky Center for Economic Policy, "The Funding Gap Between Kentucky’s Poor and Wealthy School Districts Continues to Grow," December 13, 2017
  45. ↑ The Kentucky Center for Economic Policy is part of the Mountain Association for Community Economic Development, an organization that "seeks to create economic alternatives that work for people and places in eastern Kentucky and Central Appalachia." Kentucky Center for Economic Policy, "About Us," accessed April 5, 2018
  46. ↑ National Education Association, "Rankings of the States 2017 and Estimates of School Statistics 2018," April 2018
  47. ↑ Governing, "Teachers Strike in Oklahoma and Protest in Kentucky," April 3, 2018
  48. ↑ The Northern Kentucky Tribune, "Letter to Editor: NKy Chamber commends state legislature for ‘difficult steps’ on pensions, tax code," April 4, 2018
  49. ↑ 49.0 49.1 49.2 U.S. News & World Report, "Kentucky Teachers to Renew Rallying Friday as Lawmakers Meet," April 13, 2018
  50. ↑ 50.0 50.1 Wave 3 News, "More protests show fight between educators, state legislature is far from over," April 13, 2018
  51. ↑ Oklahoma's News 4, "Showdowns over school funding continue in 3 states," April 12, 2018
  52. ↑ U.S. News & World Report, "The Latest: House Condemns Gov. Bevin Over Comments," April 14, 2018
  53. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  54. ↑ The Washington Post, "Kentucky governor apologizes for comments suggesting kids were sexually assaulted while teachers protested," April 15, 2018
  55. ↑ 55.0 55.1 55.2 KEYT, "Teachers, Democrats reject Kentucky gov's apology over sexual assault remarks," April 17, 2018
  56. ↑ Facebook, "Alison Lundergan Grimes on April 14, 2018," accessed April 18, 2018
  57. ↑ 57.0 57.1 USA Today, "Kentucky attorney general challenges new pension-reform law, files suit against governor," April 11, 2018
  58. ↑ Kentucky.gov, "Communications Director Elizabeth Kuhn Responds to Attorney General's Political Lawsuit Against Pension Reform," April 11, 2018
  59. ↑ Franklin Circuit Court, Division I, Commonwealth of Kentucky v. Matthew G. Bevin, June 20, 2018
  60. ↑ Lexington Herald-Leader, "KY Supreme Court moves swiftly to hear pension suit after Bevin’s last-minute appeal," August 10, 2018
  61. ↑ Kentucky Supreme Court, Bevin v. Commonwealth of Kentucky, December 13, 2018
  62. ↑ Twitter, "Matt Bevin on December 13, 2018," accessed December 14, 2018
  63. ↑ Twitter, "Kentucky Attorney General on December 13, 2018," accessed December 14, 2018
  64. ↑ Committed suicide
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