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There will be more court-appointed attorneys available to represent poor people in court under Gov. Matt Bevin’s proposed budget.

In his proposal, Bevin set aside funds to add 44 lawyers to the Department of Public Advocacy’s ranks of 333 public defenders.

Ed Monahan, the state’s chief public defender, said the move would help the agency reduce caseloads for its overworked advocates.

“We’re very fortunate that this governor has recognized that if we had additional capacity, that it would not only deal with the unethical levels of cases we have, but it will be one of the best business investments that can be made when you look at this criminal justice system,” Monahan said during a presentation to the House Appropriations Subcommittee on Justice and the Judiciary on Thursday.

Monahan said the move is a step in the right direction, but the agency will still be subject to other reductions if Bevin’s proposal to cut most state agencies by 4.5 percent this year and 9 percent for the next two years is approved by the General Assembly.

Kentucky public defenders represent clients who can’t afford to hire a lawyer. They handled about 153,000 cases in 2015, up from 137,000 in 2006.

LRC Public Information

Democratic State Rep. Mary Lou Marzian of Louisville has proposed a bill that would require men to have two in-person visits with a doctor before receiving a prescription for erectile dysfunction drugs like Viagra.

Men would also be required to swear that they will only use the pills to have sex with their spouse, who must also provide written consent.

Marzian acknowledges that the bill is a tongue-in-cheek response to anti-abortion legislation put forward by conservative lawmakers, but she’s drawn national attention for the move.

Our Capitol reporter Ryland Barton sat down with Marzian for this interview.

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A statewide anti-discrimination law will likely not be voted on in the Kentucky state legislature this year.

The House Judiciary Committee had a public hearing on the bill Wednesday. It would mandate people could not lose their job or their housing based on their sexual orientation and gender identity.

The committee did not vote on the bill because Democratic state Rep. Mary Lou Marzian of Louisville said it did not have the votes to pass. Marzian said her bill was likely two or three years away from getting a vote on the floor of the state House of Representatives.

Marzian criticized Republicans and some conservative Democrats as "homophobes" for opposing the bill. Republican state Rep. Stan Lee and Democratic House Speaker Greg Stumbo called her criticisms unfair.

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A bill proposed in the state House of Representatives would reduce penalties for some crimes with the goal of saving the state money, according to the legislation’s sponsor.

Rep. Brent Yonts, a Democrat from Greenville, has filed a bill that would create a new crime category called “gross misdemeanor,” which would include flagrant non-support (not paying child support), second degree forgery and second degree criminal possession of a forged instrument.

Yonts said on Tuesday that the bill would help reduce the incarcerated rate in Kentucky, which has risen over the last decade despite a drop in criminal court cases.

“If we don’t do anything to solve that problem, nothing is going to change,” Yonts said. “More taxpayer money will be required to make the budget take care of the prisoners in our prison system and also the prisoners in our county jail.”

The three crimes included in the bill are all Class D felonies, which have an average sentence of just over three years, according to the Department of Corrections. Under Yonts’ bill, those convicted of gross misdemeanors would receive a maximum sentence of 24 months.

WKU

Efforts to expand Kentucky’s Civil Rights Act are getting a boost from a Western Kentucky University legal scholar.

History Professor and Constitutional law expert Patricia Minter is testifying Wednesday in Frankfort in support of a bill that would offer greater legal protections to lesbian, gay, bisexual, and transgender individuals.

The measure would expand the reach of the Kentucky Civil Rights Act to cover LGBT individuals.

Minter says Kentucky’s LGBT community shouldn’t face discrimination in housing, employment, and public accommodations.

“It won’t be long before Americans all over the country will look back at using sexual orientation or gender identity as discriminatory categories, and wonder what people were thinking,” Minter said.  

The Kentucky House Judiciary committee will hear testimony regarding the bill Wednesday at noon eastern.

Minter acknowledges the bill faces an uphill climb in this year’s legislature. Opponents of protecting LGBT individuals under the state’s Civil Rights Act say such a move would infringe upon the religious beliefs of employers and landlords.

The Senate version of the bill is called the Kentucky Competitive Workforce Act. The measure is backed by nearly 200 employers who have formed the Kentucky Competitive Workforce Coalition. The group argues that protecting LGBT individuals from discrimination would make the Bluegrass Stare more attractive to businesses who favor progressive values, as well as workers who want to live in places seen as welcoming to the LGBT community.

J. Tyler Franklin

Three Democratic Louisville Metro Council Democrats are sponsoring a measure effectively banning development of anaerobic digestion facilities — or methane gas plants — for at least six months.

Backing the ordinance are council members David James of District 6, Barbara Shanklin of District 2 and Mary Woolridge of District 3. It’s set to be discussed in the council’s land development committee at 1:30 p.m. Tuesday.

Their aversion to development of such facilities stems from a months-long fight that erupted last year in response to plans for developing a methane gas plant in a densely populated residential area of the California neighborhood.

Opponents lashed out against the proposal was unfair, saying western Louisville already has a high concentration of chemical and gas plants. During multiple community meetings on the proposal, neighbors expressed concerns about issues ranging from odors to traffic from heavy vehicles.

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A bill filed in the Kentucky Senate would offer legal protections to lesbian, gay, bisexual, and transgender individuals.

The measure is called  the Kentucky Competitive Workforce Act, and would add the LGBT community to those covered under the state’s Civil Rights Act.

The Courier-Journal reports the bill’s six Senate sponsors are all from either Louisville or Lexington, and include five Democrats and one Republican.

Similar legislation has been filed in the Kentucky House.

Read What's In Senate Bill 176, the Kentucky Competitive Workforce Act

The effort has the support of nearly 200 Kentucky employers who have formed the Kentucky Competitive Workforce Coalition. It includes large companies, such as Brown-Forman, as well as small, locally owned businesses.

A “Fairness Rally” in support of the legislation is being held at the state capitol rotunda in Frankfort Wednesday afternoon.

The Senate bill's chief sponsor is Morgan McGarvey, D-Louisville.

Health Care, Economy Focus Of Paul’s Town Hall Events

Feb 15, 2016
Ashley Lopez, WFPL

U.S. Sen. Rand Paul says he will help Gov. Matt Bevin get a waiver from the federal government this summer to begin charging Medicaid recipients for their health insurance.

That will be part of Paul’s message this week as he visits 18 Kentucky cities in four days, his first major trip in the Commonwealth since ending his presidential campaign.

The town hall-style events begin in Scottsville on Tuesday and end in Radcliff on Saturday. Paul has had similar trips in recent months, but this time he won’t be dogged by questions about his other campaign.

Paul is favored to again win the Republican nomination, where he could face Democrat Jim Gray in the fall. The Lexington mayor is the most well-known of the seven Democrats vying for the nomination.

Paul may also discuss the death of Supreme Court Justice Antonin Scalia and the increasingly charged political debate about how to replace him on the court.

Bevin's Proposed Cuts Include Funding for Watchdog Agency

Feb 14, 2016
Ryland Barton, WKU Public Radio

As part of his proposed budget cuts, Republican Gov. Matt Bevin exempted what he considered to be key government services. Those not protected include agencies charged with holding him and his administration accountable.

Katie Gabhart, the executive director of the Executive Branch Ethics Commission, said the proposed 4.5 percent budget cut this year and the 9 percent cut over the next two years will devastate the agency. She said it would force her to lay off the agency's sole investigator and auditor, two employees who already work part time.

"We will be an investigative and auditing agency with no investigator and auditor," Gabhart told House lawmakers this week. "Public servants are going to violate the ethics code ... and if they know we have an ethics commission with so few resources that we can't enforce the code, then what is the point of having one?"

The cuts also include the Registry of Election Finance, the agency that makes sure politicians follow the rules when they raise and spend money for their campaigns. Executive Director John Steffen said the agency could not sustain a 9 percent cut and would not be able to hire an auditor. In response, House lawmakers suggested changing state law so fewer candidates would have to file disclosure reports.

Justice Antonin Scalia loved a good fight.

So it's only fitting that news of his death at age 79 ignited an immediate and partisan battle over who might take his place on the U.S. Supreme Court.

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Men would need to clear new hurdles to get prescriptions for erectile dysfunction under a bill filed Thursday in the state House.

State Rep. Mary Lou Marzian, a Louisville Democrat, said the bill seeks to balance the recent legislative scrutiny of women’s reproductive health with a dose of attention to men.

“The current legislature does not mind inserting itself into personal, private decisions of the 2 million women of the commonwealth that may need reproductive health services,” Marzian said.

“So if we’re going to start inserting ourselves into reproductive issues and health issues, then I think we should also insert them into men’s reproductive health issues.”

The bill would require men to have two meetings with a doctor before receiving a prescription for products like Viagra.

Men would also be required to make a sworn statement — hand on Bible — that the prescription would only be used during sexual relations with their current spouse.

Spouses would have to provide a signed and dated letter providing consent.

When asked how her colleagues received the bill, Marzian said “all of them claimed they don’t know anything about erectile dysfunction.”

Governors across the country are issuing their state budget plans and outlining policy proposals. Here & Now’s Jeremy Hobson checks in with reporters in Kentucky, Wyoming and Connecticut, where the governors recently gave their State of the State addresses, to discuss some of the top issues in those states.

LRC Public Information

The state Senate has approved a bill requiring women who seek an abortion in Kentucky to view or hear a description of a sonogram image of their own fetus.

The legislation is one in a handful of anti-abortion measures being pushed through the General Assembly this year.

State Sen. Whitney Westerfield, a Hopkinsville Republican and the bill’s primary sponsor, clashed Thursday morning with opponents of the bill, who say it would violate women’s right to have an abortion.

“If you think this isn’t about making sure that mother has all the information that she needs and that this is no more than a political stunt, well, we’re just going to have to disagree,” Westerfield said

The bill would require a doctor to provide a “simultaneous explanation of what the ultrasound is depicting,” including the location of the fetus in the uterus and a medical description of the body.

The committee approved the bill 11-1. State Sen. Perry Clark, a Louisville Democrat, was the lone no vote.

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The owners of websites that charge people to remove jail or prison mugshots could be penalized under a bill heading to the state House floor.

The Judiciary Committee approved the legislation 17-0 on Wednesday.

Websites such as mugshots.com, which publish photos obtained through open records laws from corrections facilities across the U.S., assess fees to people seeking to have their photos removed.

State Rep. Gerald Watkins, a Democrat from Paducah, said the practice amounts to extortion.

“It’s just an extortion ring, and we need some penalties to try and discourage companies from doing this and wrecking people’s careers and lives,” Watkins said.

Mugshots.com did not respond to a request for comment on Wednesday.

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A state House committee has passed a bill that would extend protections to victims of “revenge porn” in Kentucky.

The legislation would prohibit distributing pornographic images or video without the consent of the person or people depicted.

Jeff Metzmeier, an assistant Jefferson County attorney, said the issue isn’t covered by current law.

“One of the problems that I saw early on is there’s no statute to cover that act, that act of maliciously distributing those materials,” Metzmeier said.

The bill would charge a Class A misdemeanor to those who distribute pornographic images with the intent to “harm, harass, intimidate, threaten, or coerce the person depicted.”

Those who distribute the images or video for profit would be charged with a Class D felony.

State Rep. Joni Jenkins, a Louisville Democrat and the bill’s primary sponsor, said the bill doesn’t just apply to “revenge porn.”

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