Kentucky recently became the first state to end access to abortion services after the Republican-led legislature overrode a veto from Democratic governor Andy Beshear (though a court ruling is temporarily keeping the law from going into effect). The state legislature also overrode a veto to approve a public charter school bill. Local legislators recently discussed their support of those bills, among others that directly affect Daviess County.
House Bill 3, relating to abortions
HB 3 is an omnibus pro-life bill that is referred to as the Humanity in Healthcare Act. The House and Senate overrode Beshear’s veto with votes of 76-21 and 31-6, respectively, with all three local legislators voting in favor of the measure.
In part, the legislation includes banning abortions after 15 weeks of pregnancy; new restrictions on abortions in which a patient takes medication to terminate an early pregnancy (chemical abortions); new reporting requirements for providers, including felony penalties for noncompliance.
State Sen. Matt Castlen along with State Reps. DJ Johnson and Suzanne Miles, all of which represent Owensboro-Daviess County, said this week that they supported the measure to protect the life of the fetus.
“We have to consider the life of a baby equally with the lives of anyone else because that fetus is in fact a developing baby,” Johnson said.
Castlen said it was also a precautionary measure should Roe v. Wade be overturned. A federal decision by the U.S. Supreme Court is looming regarding Roe v. Wade, the 1973 case that established a pregnant person’s fundamental right to an abortion.
“If the Supreme Court overturns Roe v. Wade, with everything that we’ve done in this bill and in years past with the Fetal Heartbeat Bill that I sponsored, (this would fall in line with that decision),” Castlen said.
Following passage of the bill, which included an emergency clause making it become law immediately, Kentucky’s two abortion clinics reportedly said they would have to shut down due to the language and requirements of the bill. According to the Louisville Courier Journal, a federal judge has issued a temporary order blocking the law.
House Bill 9, relating to public charter schools
HB 9 establishes a funding model for public charter schools, building on legislation from 2017 that first allowed charter schools in Kentucky. It also authorizes two pilot charter school projects in Louisville and Northern Kentucky and changes the appeals process if education officials deny an application for a new charter school.
Miles said the idea for a charter school bill came from the success of schools such as Owensboro Innovation Academy. Miles said she is hopeful that the law will be a “pathway” for other communities to have something similar to the opportunities in Owensboro.
She feels there is a misconception about the bill and thought process behind it all but she said the reality of the bill is to give some opportunities for kids to try something different than traditional schooling.
Johnson said the law was passed in order to determine if charter schools are feasible and viable in the Kentucky education system, hence the reason the pilot program was included in the bill.
“If they work, we’ll see if we can move forward. If they don’t work, we’ll know and we can turn our attention to other things,” Johnson said.
The measure has received mixed responses statewide. There have been several groups that support the bill as-is or think it’s overall a step in the right direction with some room to improve after implementation.
There has also been some opposition statewide among public school educators and school advocacy groups, with the primary concerns being that there is not stable funding, that money would be pulled from existing public schools, and that there is limited oversight and accountability for the teaching methods used.
Under the new law, tax dollars allocated for education will follow a student to the school they attend. So, if a student goes to a charter school, the money would follow them there rather than go to the traditional public school. Similarly, if the student remains at the traditional public school, the money would as well.
Reflecting the mixed views on the bill, the House and Senate narrowly passed it before sending it to the Governor’s desk. They then also narrowly overrode Beshear’s veto with votes of 52-46 and 22-15, respectively, with all three local legislators voting in favor of the measure.
House Bill 751, relating to a regional healthcare workforce center to be built in Owensboro
Miles filed HB 751 to address the state’s healthcare worker shortage. It includes a pilot program with a hands-on training facility in Owensboro that services 18 western Kentucky counties. The Commonwealth West Healthcare Workforce Innovation Center (CWHWIC) in Owensboro will be a regional partnership aimed at creating a talent pipeline.
Under the provisions of HB 751, the legislature would provide a portion of the startup funds for the center, which would also receive funding from other public and private sources.
The legislature already took care of their portion by including funding in the state budget, using one-time American Rescue Plan Act (ARPA) money, according to Miles. She said the Kentucky Community & Technical College System will be the financial facilitator to create the education and business structure.
“Supporting healthcare workforce and training future workforce was seen as an immediate need due to the pandemic,” Miles said.
Postsecondary, high school, and nontraditional students enrolled in public and private schools will partner with healthcare providers like Owensboro Health, as well as businesses and other public and private entities. The consortium of higher education institutions includes both public and private schools. The partnership would create regional learning opportunities, eliminating duplicate class offerings and streamlining training.
Mark Marsh, president and CEO of Owensboro Health, previously said “We are grateful for the collaboration and decisive action by all our partners to address critical nursing and healthcare workforce shortages. Together we will bring to life a bold new concept in education and training to ensure our neighbors in the region have access to quality healthcare for years to come.”
Dr. Scott Williams, Owensboro Community and Technical College President, previously said “This truly innovative and collaborative regional solution has the potential to address the crippling healthcare workforce shortage and serve as a model for other regions in the Commonwealth.”
Miles said she believes the healthcare system’s shortage was already a developing issue, but the pandemic made it critical. Through this program, she is hoping that interested students can join a fast track to become healthcare providers.
“I was fortunate that we have locals that kind of joined forces and came to me with the idea,” Miles said.
House Bill 214, relating to judicial districts and particularly Family Court judges
Daviess County will finally be able to add a second Family Court judgeship at the start of next year, without pulling a judge from another circuit. Johnson’s House Bill 214 at large rebalances judicial workload disparities statewide, and specifically adds Family Court Judges seats where they are needed most — such as in Daviess County.
Statewide, Johnson said they identified 18 critical workload imbalances for judgeships. The bill grants nine new judgeship positions where a workload was above the acceptable level, and removes nine where the workload was lower than what is considered optimal.
Johnson had been pushing for a second Family Court judge in Daviess County for more than a year. (Those interested in running can currently file, and the position will be on the November ballot. There will be no primary for this race.)
“I’m happy that we got it done for Daviess County, but I’m also very happy for the other eight judgeships that are going to be created because every one of them represents a judicial district that was just overwhelmed,” Johnson said.
House Bill 8 and House Bill 6, relating to taxes
HB 8 seeks to gradually reduce and eliminate state taxes on personal income over several years while simultaneously expanding and diversifying the state’s overall tax base. Once state revenue exceeds certain thresholds, the measure will trigger reductions in the income tax rate of half a percentage point, starting with an initial drop in 2023.
In order to reduce the income tax rate, the state plans to expand the sales tax base. Miles said the goal is to move Kentucky to a consumption-based tax state with a zero income tax. She said it’s better for taxpayers to pay less — if not zero — in income taxes.
Another provision of HB 8 imposes a 6% use tax on nonessential services such as nonessential cosmetic surgery, body modifications, photography, research polling, bodyguard services, marketing and more. Another section of the bill imposes a tax on ridesharing services, such as Uber and Lyft, and electric vehicles. Electric vehicle owners will pay an annual $120 ownership fee. Owners of hybrid vehicles and electric motorcycles will be a $60 annual fee.
Castlen supported the bill strongly, as he said it is the fairest way to tax citizens.
Castlen said the process will trigger mechanisms that will continue moving the state forward and allow Kentucky to be competitive with surrounding states.
“We give the consumer the option of what to do in an ever-changing economy just as we become a service economy and even in our community with manufacturing,” Castlen said. “I believe it’s the fairest way to tax because when it comes across the shelf, you’re paying a tax on it.”
HB 6 calls on property valuation administrators to tax vehicle owners in 2022 the same as they did 2021. Beginning next year, the bill would also require them to use the average trade-in value rather than the “rough” trade-in value or “clean” trade-in value when assessing taxes.
Johnson said it is strange that some used cars are appraising at higher rates than new cars, but that he is glad the legislature was able to provide a temporary fix to the vehicle tax issue.
Beshear took executive action in February to immediately stop an increase in vehicle property taxes for 2 years, which was caused by the rising cost of used cars. HB 6 codified the effects of the Governor’s executive order.
The legislation also states that taxpayers who have already paid their property tax bill for this year will automatically receive a refund, if owed, within 90 days from the effective date of the bill. Beshear announced last week that refund checks will soon be in the mail for Kentuckians whose birthdays fell in the months of January-March. Notices of vehicle taxes due in April through the remainder of the year already have been adjusted to reflect this rate freeze.
Castlen’s final Regular Session
This marked the final Regular Session for Castlen, who announced in December that he would not be seeking re-election in 2022. He said this session was the most effective service during his time as senator.
Castlen has represented District 8 in the Senate since he assumed office on Jan. 1, 2019. He defeated Bob Glenn in the general election on Nov. 6, 2018. Castlen’s current term ends on January 1, 2023.
Castlen first stepped into the political field at the state level as a member of the Kentucky House of Representatives, representing District 14 from 2017 to 2018 after defeating incumbent Tommy Thompson for that seat.
Regarding his decision to not run again, Castlen said he wants to devote more time to his family and continue his business endeavors.
“It was one of the most humbling experiences of my life, that the people of this district trusted me to go up there and represent and be their voice and what an honor it was to be able to do that,” Castlen said.
