DEPARTMENT OF VETERANS' AFFAIRS

Transcription

1 JECVO LEGISLATIVE FINAL REPORT 2018 GENERAL ASSEMBLY SESSION A Publication of the Joint Executive Council of Veterans Organizations of Kentucky (JECVO) April 21, 2018 On April 14 th one of the more contentious sessions of the Kentucky General Assembly came to a close. Despite the sometime rancorous discourse between the Administration, legislators, and citizens, progress was made on several fronts. Lawmakers approved the state s two-year budget, revised the state s ailing pension systems, and develop new revenue streams to pay for both. Not everyone was happy and the General Assembly ultimately overrode Governor Bevin s vetoes of these three important bills. But even these fixes were not enough to stem considerable concern and disappointment in the manner in which the bills were passed nor their potential negative impact on the numerous programs funded by state government. Time will tell as to the wisdom of the legislators actions. The primary legislative objective of JECVO during this session was assisting KDVA in protecting and improving the budget for the Kentucky Department of Veterans Affairs. To this end, KDVA was provided a budget that its leadership said could work. Their enacted budget is as follows: DEPARTMENT OF VETERANS' AFFAIRS General Fund $25,098,600 Restricted Fund $78,959,900 TOTAL $104,058,500 General Fund $25,810,200 Restricted Funds $78,964,500 TOTAL $104,774,700 (1) Weekend and Holiday Premium Pay Incentive: The Kentucky Veterans' Centers are authorized to continue the weekend and holiday premium pay incentive for the fiscal biennium. (2) Congressional Medal of Honor Recipients - Travel and Per Diem: The Commissioner of the Department of Veterans' Affairs may approve travel and per diem expenses incurred when Kentucky residents who have been awarded the Congressional Medal of Honor attend veterans, military, or memorial events in the Commonwealth of Kentucky. (3) Brain Injury Alliance of Kentucky and the Epilepsy Foundation of Kentuckiana Funding: Included in the above General Fund appropriation is $93,700 in each fiscal year for grants to the Brain Injury Alliance of Kentucky and $93,700 in each fiscal year for grants to the Epilepsy Foundation of Kentuckiana to be used solely for the purpose of working with veterans who have experienced brain trauma and their families. 1

2 (4) Veterans' Service Organization Funding: Included in the above General Fund appropriation is $187,500 in each fiscal year for grants to Veterans' Service Organization programs. (5) Debt Service - Bowling Green Veterans' Center: If any debt service is required for the issuance of bonds for the Construct Bowling Green Veterans' Center capital project reauthorized in Part II, Capital Projects Budget, of this Act, it shall be deemed a necessary government expense and shall be paid from the General Fund Surplus Account (KRS ) or the Budget Reserve Trust Fund Account (KRS ). No bonds shall be sold for this project until it has been approved by the United States Department of Veterans Affairs and the Commonwealth has been notified by the United States Department of Veterans Affairs that Federal Funds are available to support this construction. (6) State Veterans Nursing Home: It is the desire of the General Assembly that any future beds allocated from the United States Department of Veterans Affairs or reallocated from the Kentucky Department of Veterans' Affairs be dedicated to a state veterans nursing home in Magoffin County to serve that area. JECVO and VSO s worked diligently to see the passage of HB 425 which was introduced to fix the problem VSO posts are having with utilizing pull-tab sales at their conventions. The bill PASSED the House on March 16 th and was assigned to the Senate Licensing, Occupations, & Administrative Regulations Committee on the 20 th where it failed to get a hearing. The Committee Chairman and Senate leadership both promised that it would be heard early in the Interim Session if a new bill is filed. JECVO leadership will work to see that this occurs. The following bills impacting veterans were PASSED in this session and their final status is noted: HB 64 Rep. Lee & Moore AN ACT relating to traumatic brain injury treatment for veterans. Create new sections of KRS Chapter 217 to define terms; permit eligible veterans to use hyperbaric oxygen treatment for treatment of traumatic brain injury; establish the conditions for use of hyperbaric oxygen treatment; prohibit sanctions of health care providers; clarify the duties of health care insurers regarding hyperbaric oxygen treatment; prohibit certain actions by state officials; provide that the Act may be known as the Colonel Ron Ray Veterans Traumatic Brain Injury Treatment Act. 1/29 PASSED HOUSE 2/28 PASSED SENATE 3/13 SIGNED BY GOVERNOR. HB 277 Rep. Upchurch AN ACT relating to the licensing of motor vehicles and operators. Amend KRS to establish a fee of $500 for any licensee who fails to make any report required in KRS to ; amend KRS to change the Kentucky Driver's License Information System look back time from 5 years to 10 years; create a new section of KRS Chapter 281A to prohibit the masking of violations for a CDL holder from appearing on their CDLIS driver record; provide exemptions; amend 2

3 KRS 281A.165 to change the time period of which the cabinet may waive a driving skills test for former military personnel, from 90 days of separation of service to one year; conform to federal regulation; amend KRS 281A.170 remove the requirement that a licensee's photograph be color; REPEAL KRS /13 PASSED HOUSE 3/29 PASSED SENATE 4/10 SIGNED BY GOVERNOR HB 319 Rep. Moore, Johnson & Richards AN ACT relating to business opportunities for United States military and veterans. Create a new section of KRS Chapter 12 to require each administrative body that issues a license, permit, certificate, or other document required to operate within a business, profession, or other occupation in the Commonwealth to issue within 30 days a license, permit, certificate, or other document to a United States military service member or veteran who is seeking a license, permit, certificate, or other document and currently holds or recently held a valid equivalent license, permit, certificate, or other document issued by another state, the District of Columbia, or any possession or territory of the United States.3/2 PASSED HOUSE 3/22 PASSED SENATE with amendment.4/2 SIGNED BY GOVERNOR. Important note: The bill was combined in the House with the language of HB 175 sponsored by Rep. Richards. AN ACT relating to entities registered with the Secretary of State. Amend KRS 14A to define "veteran" and "veteran-owned business"; create a new section of Subchapter 2 of KRS Chapter 14A to exempt a veteran-owned business from paying filing fees to the Secretary of State's office for filing various business documents; amend KRS 14A to exempt a veteran-owned business from paying the filing fee for annual reports and amended annual reports for four years after the initial registration of the business. It is the Boots to Business bill long championed by Secretary of State Grimes. HB 606 Rep. Santoro & Blanton AN ACT relating to testing for commercial driver's license applicants and making an appropriation therefor. Amend KRS 281A.160 to prescribe fees for retesting for commercial driver's license applicants who have failed a portion of the skills test; require a 48-hour cancellation notice for skills test appointments; set forth consequences of failure to appear at a scheduled test without proper notification; clarify the exemption from testing fees for military personnel applying for a CDL under KRS 281A.165; make technical corrections; APPROPRIATION; EFFECTIVE January 1, 2019.PASSED HOUSE 3/29 PASSED SENATE. 4/10 SIGNED BYGOVERNOR HJR 196 Rep. Petrie Designate a portion of US Route 79 in Todd County in memory of Sgt. William M. Bays.3/16 PASSED HOUSE. 3/27 PASSED SENATE 4/14 BECAME LAW WITHOUT GOVERNOR S SIGNATURE ***This bill consolidates all requests to name bridges and roads to 3

4 honor veterans and other citizens. There are at least 14 veterans honored this way in this resolution! HR 38 Rep. Moore Designate June 27, 2018, as Post-Traumatic Stress Injury Awareness Day and June 2018 as Post-Traumatic Stress Injury Month. 4/14 ADOPTED HR 71 Rep. Reed Recognize June 27, 2018, as Post-Traumatic Stress Disorder Awareness Day. 3/19 ADOPTED HR 117 Rep. Dossett Honor Staff Sergeant Nicholas Davis as a recipient of the Soldier's Medal. 2/2 ADOPTED HR 249 Rep. Dossett & Thomas Respectfully urge and petition the United States Congress to enact H.R. 1472/S. 591, the Military and Veteran Caregiver Services Improvement Act of 2017, and to enact H.R. 1802, the CARE for All Veterans Act.4/2 ADOPTED HR 256 Rep. Bratcher et. al. Honor Welcome Home Vietnam Veterans Day.4/2 ADOPTED HR 258 Rep. York Honor Jack Baker and the United States First Army on the 100th anniversary of the founding of the unit; recognize Jack Baker's distinguished military career as a member of First Army and recognize his accomplishments and contributions to the United States and to the Commonwealth.3/22 ADOPTED SR 133 Sen. Westerfield Honor Staff Sergeant Nicholas Davis as a recipient of the Soldier's Medal. 4/14 ADOPTED. SR 266 Sen. Webb et.al. Honor Jack Baker and the United States First Army on the 100th anniversary of the founding of the unit; recognize Jack Baker's distinguished military career as a member of First Army and recognize his accomplishments and contributions to the United States and to the Commonwealth.3/22 ADOPTED The following bill DID NOT PASS with final status noted: HB 79 Rep Kay AN ACT proposing an amendment to Section 170 of the Constitution of Kentucky relating to property exempt from taxation. Propose an amendment to Section 170 of the Constitution of Kentucky increasing the homestead exemption from the current inflation-adjusted amount of $37,600 to the full assessed value of the property for owners with a permanent and total one hundred percent service-connected disability 4

5 rating by the United States Department of Veterans Affairs; make the exemption transferrable upon death to the surviving spouse; add the continued biennial inflation indexing of the homestead exemption amount; make various typographical changes of a non-substantive nature; state ballot question; submit to voters. 1/11 House Elections, Const. Amendments & Intergovernmental Affairs HB 111 Rep. Westrom AN ACT relating to military license plates. Amend KRS , regarding military-related special license plates, to allow recipients of those plates to renew the plates online if the veteran's status has not changed. 3/16 PASSED HOUSE 3/20 Senate Transportation Committee HB 175 Rep. Richards AN ACT relating to entities registered with the Secretary of State. Amend KRS 14A to define "veteran" and "veteran-owned business"; create a new section of Subchapter 2 of KRS Chapter 14A to exempt a veteran-owned business from paying filing fees to the Secretary of State's office for filing various business documents; amend KRS 14A to exempt a veteran-owned business from paying the filing fee for annual reports and amended annual reports for four years after the initial registration of the business. Language combined with HB 319 which was signed by Governor. HB 208 Rep. Hale AN ACT relating to federal law enforcement officers. Amend KRS , relating to federal peace officers who have been granted Kentucky peace officer powers, to add Veterans Health Administration law enforcement officers of the United States Department of Veterans Affairs.1/25 House Veterans, Military Affairs & Public Protection HB 408 Rep. Gentry AN ACT proposing an amendment to Section 170 of the Constitution of Kentucky relating to property exempt from taxation. Propose to amend Section 170 of the Constitution of Kentucky to allow partially disabled veterans a portion of the property tax homestead exemption based on the veteran's combined disability rating; submit to voters.2/22 House Veterans, Military Affairs and Public Protection Committee HB 425 Rep. McCoy AN ACT relating to charitable gaming. Amend KRS to remove some of the restrictions on the frequency with which charity fundraising events may be held at unlicensed facilities. 3/16 PASSED HOUSE. 3/20 Senate Licensing, Occupations & Regulations Committee HB 453 Rep. Moore AN ACT relating to postsecondary education benefits. Amend KRS to allow spouses and children of disabled 5

6 veterans with service-connected disability evaluations of 70 percent or greater to qualify for tuition exemption at public universities; amend KRS , , , , , and to require students to complete the Free Application for Federal Student Aid to determine the level of need and eligibility for state and federal financial aid programs; limit the amount of tuition waived to the cost of tuition and mandatory fees at the institution less any state or federal grants received, which shall be credited first to the student's tuition and fees; amend KRS to remove the requirement for the Council on Postsecondary Education to develop a statewide policy to promote employee and faculty development in all postsecondary institutions and in state and locally operated secondary area technology centers through the waiver of tuition for college credit coursework in the public postsecondary education system. 3/6 Posted House Veterans, Military Affairs & Public Protection Committee HB 520 Rep D. St. Onge & Santoro AN ACT relating to sales and use tax. Amend KRS to exempt charitable gaming supplies and equipment from sales and use tax; establish reporting requirements; amend KRS to allow Department of Revenue to comply; amend various statutes to conform. 2/28 House Appropriations & Revenue Committee HB 590 Rep. Carney AN ACT relating to the Education Professional Standards Board. Amend KRS to require 6 or more years of honorable service for a veteran of the Armed Forces to receive certification through the Education Professional Standards Board's alternative certification program; amend KRS to allow the transfer of sick leave for a school district employee who changes employment to the Education Professional Standards Board.3/22 PASSED HOUSE. 3/27 Senate Education Committee SB 18 Sen. Thomas AN ACT relating to criminal justice services for veterans. Create a new section of KRS Chapter 26A, relating to the Court of Justice, to require the Supreme Court to administer a veterans treatment court program; amend KRS to include veterans treatment court in alternative sentencing options; amend KRS , relating to pretrial services for veterans, to remove the combat requirement, establish rules for contacting Veterans Justice Outreach programs, and require pretrial officers to provide contact information for veterans treatment courts and the Veterans Justice Outreach program.1/3 Senate Veterans, Military Affairs & Public Protection SB 40 Sen. Kerr AN ACT proposing an amendment to Section 170 of the Constitution of Kentucky relating to property exempt from taxation. Propose an amendment to Section 170 of the Constitution of Kentucky 6

7 increasing the homestead exemption from the current inflation-adjusted amount of $37,600 to the full assessed value of the property for owners with a permanent and total one hundred percent service-connected disability rating by the United States Department of Veterans Affairs; make the exemption transferrable upon the veteran's death to the surviving spouse; add the continued biennial inflation indexing of the homestead exemption amount; make various typographical changes of a non-substantive nature; state ballot question; submit to voters.1/3 Senate State & Local Government JECVO leadership would like to thank those VSO members who actively worked with their legislators during the session! It takes a team effort to ensure that issues important to veterans and their families, and addressed in legislative bills, are given the attention they deserve. If you didn t get involved this session, plan to join the effort during the Interim Session and as preparations are made for the 2019 General Assembly Session. Should you have any questions or comments, let Chairman Lile (Denzil.lile@yahoo.com) or Legislative Officer Carlos Pugh (carlos.cobb.pugh@gmail.com) know. If I can be of assistance, please let me know. Larry Arnett Colonel (Ret.) U.S. Army Past JECVO Chairman