Higdon: Senate passes bills addressing drugs, smoke-free schools, bicycle safety

By SEN. JIMMY HIGDON
14th District State Senator

Monday, Feb. 20, 2017, 2 p.m. — A wide array of bills were heard in committees and voted out of the Senate in a busy and fast-paced third week of the 2017 Session. Because this year’s 30-day meeting of the Kentucky General Assembly is considered a “short session,” we are focusing on maximizing our time here in Frankfort. We passed nearly 20 bills this week with topics ranging from tobacco use on school property to campaign finance reform to transportation issues.

SEN. JIMMY HIGDON

While we vigorously debated some of those bills, it was a healthy exchange of ideas. The body has maintained a sense of decorum. The depth of the discussions has advanced the debate on some key issues facing Kentucky.

DRUG TRAFFICKING PENALTIES. The Kentucky Senate unanimously endorsed a plan to strengthen penalties for trafficking in heroin to address the scourge of drug addiction across the state as opioid-related deaths continue to rise. Senate Bill 14 would stiffen the penalties for trafficking any amount of heroin or fentanyl, a powerful synthetic opioid that is similar to morphine but 50 to 100 times more potent.

Since the passage of House Bill 463 in 2011, trafficking in less than two grams of heroin is a Class D felony punishable by one to five years in prison. Under SB 14, trafficking in less than two grams of heroin or fentanyl would be a Class C felony punishable by five to 10 years in prison.

Some senators urged the legislature to explore increasing civil penalties on health care providers that overprescribe powerful pain killers. They also said the state can’t incarcerate its way out of the drug problem and should focus on providing treatment for addicts. But despite the cautionary words from some legislators, SB 14 won approval by a 36-0 vote.

SMOKE-FREE SCHOOLS. Public schools across Kentucky would have to go smoke free by next school year under legislation that passed by a 25-8-2 vote. Senate Bill 78, dubbed tobacco-free schools bill, would outlaw the use of all tobacco products, including electronic cigarettes, on elementary, middle and high school campuses in addition to buses.

CAMPAIGN FINANCE. A bill that would double the amount donors can contribute to election campaigns was also passed. Proponents of Senate Bill 75 espouse its First Amendment free speech merits while critics view higher donation amounts as harmful to our political system.

The campaign finance measure would let individuals and political action committees donate $2,000 in the primary and general elections – up from the $1,000 limit. It applies to caucus committees and political parties in addition to candidate campaigns. Supporters said the current limit is one of the lowest in the country while several surrounding states, like Virginia and Indiana have no limits. They also said SB 75 also supports transparency in campaign financing as it includes reporting requirements. It was the subject of intense floor debate before passing by a 27-10 vote.

JUVENILE CREDIT PROTECTION. The protection of children’s’ good credit was the subject of Senate Bill 19 which passed by a 36-0 vote. It would allow parents to place a “security freeze” on their children’s’ credit reports. Such a move isn’t allowed under current laws.

A security freeze is designed to prevent a credit reporting company from releasing someone’s credit rating, thus preventing additional lines of credit from being opened. In 2014, the Bureau of Justice Statistics found that more than 17 million people, or about 7 percent of the nation, was the victim of a credit theft. At least 25 other states already have laws similar to SB 19.

DOG BITE BILL UNLEASHED. The Senate also passed legislation by a 32-4 vote that supporters say will put a leash on frivolous dog-bite litigation in Kentucky’s courts. Senate Bill 99, known as “the dog bite bill,” would protect landlords from being held liable when a negligent tenant’s canine bites someone.

Proponents said the legislation was prompted by a 2012 Kentucky Supreme Court opinion that a landlord could be considered a dog owner of his tenant’s dog for the purposes of legal liability. They said that opinion puts unfair pressure on property owners who may not even know that a dog is living on their property.

BICYCLE SAFETY. “Share the road” is more than a slogan under Senate Bill 56 that passed by a 34-2 vote. The measure calls for drivers to respect a three-foot passing distance when encountering a bicycle on the road. Supporters said SB 56 is similar to laws already on the books in at least 23 other states and would promote “bicycle tourism” around Kentucky Trail Towns.

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The measures passed out of the Senate this week now head to the state House of Representatives for consideration. If you have any questions or comments about these issues or any other public policy issue, please call me toll-free at 1-800-372-7181 or email me at Jimmy.Higdon@LRC.ky.gov. You can also review the Legislature’s work online at www.lrc.ky.gov.

Note: Senator Jimmy Higdon (R-Lebanon) represents the 14th District including Casey, Marion, Nelson and Spencer counties, as well as part of Jefferson County. He serves as the Senate Majority Whip. Senator Higdon also serves as a member on the Economic Development, Tourism, and Labor Committee; the Education Committee; the Licensing, Occupations, and Administrative Regulations Committee; the Transportation Committee; the Veterans, Military Affairs and Public Protection Committee; the Public Pension Oversight Board; The Special Subcommittee on Energy; the Budget Review Subcommittee on Transportation, the Committee on Committees; the Rules Committee; and the Legislative Research Commission.

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