Yanking Licenses, Data Breach Tips, and Torching Regs All Up for Votes

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Following is the cutline for photo #1: FRANKFORT — House Majority Floor Leader Rocky Adkins, D-Sandy Hook (left), speaks with House Speaker Greg Stumbo, D-Prestonsburg, on the floor of the Kentucky House of Representatives prior to the start of the opening day of the 2014 Regular Session of the Kentucky General Assembly
TO COLLECT TAXES, YANK LICENSES?
      Fixing the dumbest bill passed in the 2013 session now is on the agenda for this session.
     How did a truly brain dead bill make it through last year’s session.  The story falls somewhere to the left of sleazy and the right of stealth sneaks.
During the 2013 legislative session, Representative Larry Clark and Representative Dennis Keene introduced House Bill 440 (HB 440) relating to microbreweries.  The microbrewery bill passed the House and Senate with slight differences.
Then HB 440 went to a Free Conference Committee to resolve House/Senate differences in this bill.  Here it sailed off the tracks.
Ultimately the Free Conference Committee deleted all of the original provisions of the legislation related to microbreweries.
In place of the terms passed by both houses, the Conference Committee substituted amendments to KRS 131.1817.  Those amendments allow the suspension or revocation of a professional license or a driver’s license, and the denial of the ability to register a motor vehicle if the taxpayer is delinquent on taxes owed to the Commonwealth.
Ever since, practically no one in state government has figured out how to make sense of that, or how it would work.  A few months ago, the Kentucky Board of Home Inspectors supplied names of licensees to the Revenue Department, which no real idea what is going on.
“Dumb” is not really the word for the idea.  “Dysfunctional,” “self-defeating,” and “counterproductive” get closer to the problem.
Trying to collect money by telling people they cannot earn their livings, or drive their cars to work, is a poster child for dysfunctional, self-defeating, and counterproductive.       Which makes it dumb.
Read Major Provisions Report on HB 440 from KY Real Estate Commission
DATA BREACH NOTICES
     Kentucky is one of four states that don’t have a law requiring government to notify citizens of a breach.
That would change under House Bill 5 (HB 5).  It would require state and local government agencies to notify citizens within 35 days if their personal information is breached.
Notification must be provided on the agency’s website and to the media and individuals affected must be notified by phone, mail or email, all in a new section of KRS Chapter 61.
Appropriate law enforcement, regulatory agencies and the Auditor’s office must be notified of a data breach within 24 hours. If a breach affects more than 1,000 individuals, the Finance Cabinet and national consumer reporting agencies must be notified.
HB 5 passed the House State Government Committee unanimously on Jan. 23, got is second reading, and is in Rules Committee now.
State Auditor Adam Edelen promptly put out a news release (1/23) saluting the broad, bipartisan support for HB 5, which has more than 70 co-sponsors, including an almost equal number of Republicans and Democrats.

LEGISLATORS WANT REG SNUFFER

     The Honorary Pet Puppy position each time the General Assembly meets goes to the bill filed with the number 1.  Those puppies practically always get passed into law.
     This year’s Pet Puppy is a bill to give the General Assembly more power — to kill goofball regulations.
        SB 1 (BR 856) would let the General Assembly prohibit administrative regulations that it found deficient.
    Regulations come out of the Executive branch, so letting the Legislature kill them would be a serious change.  On the other hand, The Governor, who heads the Executive branch, does not kill regulations.  The main supervisor, the Legislative Research Commission, treats them with kid gloves.  So regulations keep piling up.  Many — including the Ky Bd of Home Inspectors regulation on complaints — give new meaning to “sucketh.”
    Nobody doubts there are way too many regulations competing for Flatline Idea of the Month, and Idiot Idea of the Year. The main problem is that letting the General Assembly torch them would require amending the Ky Constitution.
Introduced on Jan 7, SB 1 is sitting in the State & Local Government committee today.
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PLI does not lobby or endorse politicians or candidates for office.  PLI has provided information and background data to legislators or legislative committees from time to time, including some in Kentucky.  The information here is to help home inspectors participate in getting legislation better informed, less fraught with error, and as useful as possible.
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