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 County Judge/Executive Association
Hon. David Nicholson, President, Jefferson County Circuit Court Clerk
Hon. Sally Jump, Legislative Chair; Franklin Circuit Court Clerk
Hon. R.T. “Tucker” Daniel, President; Johnson County Judge/Executive
Hon. Vince Lang, Executive Director
KY Commonwealth’s Attorneys’ Association
KY Jailers Association
Matthew Leveridge, President, 57th Judicial Circuit
Hon.
Hon. Christopher T. Cohron, Legislative Director; 8th Judicial Circuit
Hon. Mike Simpson, President; Oldham County Jailer
Renee Craddock, Executive Director
KY Coroners Association
KY Magistrates & Commissioners Association
Hon. John P. Goble, Scott County Coroner
Hon. Stephen Stark, President; Trimble County Magistrate
Hon. Hubie Pollett, Legislative Chair; Shelby County Magistrate
Richard Tanner, Executive Director
KY County Attorneys Association
Hon. John Estill, President; Mason County Attorney
Hon. Marc Robbins, Legislative Committee; Madison County Attorney
Bill Patrick, Executive Director
KY County Clerks Association
Hon. Kay Schwartz, President; Whitley County Clerk
Bill May, Executive Director
KY Property Valuation Administrators Association
Hon. Ben Brown, President; Logan County PVA
Mack Bushart, Executive Director
KY Sheriff’s Association
Hon. Steve Sparrow, President; Oldham County Sheriff
Jerry Wagner, Executive Director
KACo Board of Directors
Executive Committee
Hon. Alex Barnett
Harrison County Judge/Executive
Hon. Dean Johnson
Laurel County Clerk
Hon. John A. Settles
Washington County Judge/Executive
Hon. Ben Brown
Logan County PVA
Hon. Kay Schwartz
Whitley County Clerk
Hon. Mike Simpson
Oldham County Jailer
Hon. Karen R. Bushart
Clark County PVA
Hon. Patrick Boggs
Mason County Sheriff
Hon. Stephen Stark
Trimble County Magistrate
Hon. Matthew Leveridge
Commonwealth Attorney
Hon. Darrell L. Link
Grant County Judge/Executive
Hon. Steve Sparrow
Oldham County Sheriff
Hon. R. T. “Tucker” Daniel
Johnson County Judge/Executive
Hon. Mike Miller
Marshall County Judge/Executive
Hon. Jim Townsend
Webster County Judge/Executive
1st Vice President
Lyon County Magistrate
Hon. John Goble
Scott County Coroner
Hon. David L. Nicholson
Jefferson County Circuit Court Clerk
Hon. Ronald Wright
Casey County Judge/Executive
Vacant
Hon. John A. Goble
Floyd County Magistrate
Hon. Jim Nickell
Rowan County Judge/Executive
Hon. John “Spike” Wright
Gallatin County Attorney
Hon. John Wilson
Hon. Dennis Brooks
Wolfe County Judge/Executive
Hon. Sue Carole Perry
Shelby County Clerk
Past President
Garrard County Judge/Executive
Hon. David Brown
Henry County Magistrate
Hon. Stanley H. Humphries
Trigg County Judge/Executive
Hon. N. E. Reed
Edmonson County Judge/Executive
Hon. Carl Tolliver
Boyd County Commissioner
Hon. Marc Robbins
Madison County Attorney
Hon. Tommy Turner
President
Larue County Judge/Executive
Hon. Jerry “Peanuts”
Gaines
President-Elect
Warren County Sheriff
Hon. Buddy Nichols
2nd Vice President
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
would be beneficial to counties or county officials and will
work to help it win passage.
The KACo Legislative Committee believes this legislation
would be harmful to counties or county officials and will
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
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.
The KACo Legislative Committee believes this bill would
have no direct effect on county officials or county
governments and will not track the legislation.
2013 KACo ISSUES
Special Districts
E-911 Funding
Jail Funding
Tax Reform
Constables
Pensions
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 Districts
Six-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 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
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)
5. Pension Spiking
Recommendation: Employers required
to also pay any additional actuarial
costs for salary increases above 10%
during the last 5 years employment.
6. Proposed KRS Board Structure
Recommendation: 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 Hires
Recommendation: Hybrid Cash
Balance Plan
KACo PENSION POINTS
1. Insist that the Commonwealth continue to honor the promises made
current retirees and active employees.
to
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
retirement benefits of new hires.
the
BOND PROPOSAL
CURRENT PROCESS:
 Non-hazardous employer contribution rate: 19.55% of payroll
 Approximately 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 rate
 Use the remaining 10.55% now paying down unfunded liability to help
make debt service payment
 Bond paid off, rates drop to “normal” cost of retirement
 Continue 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