2013 County Legislative Issues

1. 2013 County Legislative Issues Interim Joint Committee on Local Government November 28, 2012

2. Legislative Committee Members Hon. Tommy Turner Committee Chairman Larue County Judge/Executive KACo President KY Association of Circuit Court Clerks Hon. David Nicholson, President, Jefferson County Circuit Court Clerk Hon. Sally Jump, Legislative Chair; Franklin Circuit Court Clerk KY Commonwealth’s Attorneys’ Association Hon. Matthew Leveridge, President, 57th Judicial Circuit Hon. Christopher T. Cohron, Legislative Director; 8th Judicial Circuit KY Coroners Association Hon. John P. Goble, Scott County Coroner 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 County Judge/Executive Association Hon. R.T. “Tucker” Daniel, President; Johnson County Judge/Executive Hon. Vince Lang, Executive Director KY Jailers Association Hon. Mike Simpson, President; Oldham County Jailer Renee Craddock, Executive Director KY Magistrates & Commissioners Association Hon. Stephen Stark, President; Trimble County Magistrate Hon. HubiePollett, Legislative Chair; Shelby County Magistrate Richard Tanner, 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

3. KACo Board of Directors Hon. Alex Barnett Harrison County Judge/Executive Hon. Ben Brown Logan County PVA Hon. Karen R. Bushart Clark County PVA Hon. Matthew Leveridge Commonwealth Attorney Hon. R. T. “Tucker” Daniel Johnson County Judge/Executive Hon. John Goble Scott County Coroner Hon. John A. Goble Floyd County Magistrate Hon. Dennis Brooks Wolfe County Judge/Executive Hon. Stanley H. Humphries Trigg County Judge/Executive Hon. Carl Tolliver Boyd County Commissioner Hon. John A. Settles Washington County Judge/Executive Hon. Mike Simpson Oldham County Jailer Hon. Stephen Stark Trimble County Magistrate Hon. Steve Sparrow Oldham County Sheriff Hon. Jim Townsend Webster County Judge/Executive Hon. Ronald Wright Casey County Judge/Executive Hon. John “Spike” Wright Gallatin County Attorney Hon. David Brown Henry County Magistrate Executive Committee Hon. Tommy Turner President Larue County Judge/Executive Hon. Jerry “Peanuts” Gaines President-Elect Warren County Sheriff Hon. Buddy Nichols 1st Vice President Lyon County Magistrate Vacant 2nd Vice President Hon. John Wilson Past President Garrard County Judge/Executive Hon. Dean Johnson Laurel County Clerk Hon. Kay Schwartz Whitley County Clerk Hon. Patrick Boggs Mason County Sheriff Hon. Darrell L. Link Grant County Judge/Executive Hon. Mike Miller Marshall County Judge/Executive Hon. David L. Nicholson Jefferson County Circuit Court Clerk Hon. Jim Nickell Rowan County Judge/Executive Hon. Sue Carole Perry Shelby County Clerk Hon. N. E. Reed Edmonson County Judge/Executive Hon. Marc Robbins Madison County Attorney

4. KACo Board of Directors - MAP Board Members Board of Directors Program Board

5. 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. Oppose The KACo Legislative Committee believes this legislation would be harmful to counties or county officials and will work to defeat this bill. Support The KACo Legislative Committee believes this legislation would be beneficial to counties or county officials and will work to help it win passage. Under 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. Strike The KACo Legislative Committee believes this bill would have no direct effect on county officials or county governments and will not track the legislation.

6. 2013 KACo ISSUES Special Districts E-911 Funding Jail Funding Tax Reform Constables Pensions

7. 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

8. 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

9. 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.

10. 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

11. 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.

12. PENSIONS – Task Force Recommendations 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 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)

13. 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.

14. 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

15. Mark Your Calendar KACo & Affiliates Legislative Reception Thursday, February 21, 2013 5:30 p.m. – 7:30 p.m. Frankfort Civic Center

16. 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