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Senate Bill 151 (SB 151)
PassedMarch 29, 2018
Legislative history
Bill titleSenate Bill 151
Bill citation http://www.lrc.ky.gov/record/18rs/SB151.htm
Introduced by Kentucky Senate
First readingMarch 12, 2018
Second readingMarch 13, 2018
Third readingMarch 16, 2018
Status: Struck down

Senate Bill 151, also known as SB 151, is a pension bill passed on March 29, 2018, by the Kentucky Senate and the Kentucky House of Representatives. The bill includes increases for cost of living, ends the inviolable contract for new teachers hired after January 1, 2019, and requires employees hired between 2003 and 2008 to pay an additional 1 percent of their pay for health care benefits in retirement. [1] The bill received numerous criticism, especially from teachers. The bill was overturned on December 13, 2018, by the Kentucky Supreme Court as unconstitutional, which prevented the bill from going into effect on January 1, 2019. [2]

Legislative history

Senate Bill 151 was introduced in the Senate on February 15, 2018. [3] On March 29, 2018, it was passed by the Kentucky Senate by a vote of 22–15 and the Kentucky House with a vote of 49–46. [4] The bill was sent to Kentucky Governor Matt Bevin’s desk. [5] It was received by Kentucky Secretary of State Alison Lundergan Grimes, and signed by Bevin on April 10, 2018. [6] On December 13, 2018, the Kentucky Supreme Court struck down SB 151 as unconstitutional, resulting in the bill never taking effect. [7] [8]

Opposition to SB 151

The decision to pass Senate Bill 151 on March 29, 2018 sparked outrage from teachers across Kentucky. [9] As a result, schools in 25 counties closed on March 30, 2018. [10] Teachers rallied in Frankfort to protest the bill and chanted phrases such as "120 strong" and "united we stand, divided we fall." [11] On June 20, 2018, Franklin Circuit Judge Phillip Shepherd ruled the bill as unconstitutional and stated that the legislature violated Section 46 of the Constitution by failing to give the bill three readings on three separate days in each chamber. [12]

Lawsuit filed by Andy Beshear

After SB 151 was passed, Kentucky Attorney General Andy Beshear announced his intentions to file a lawsuit to stop the bill. [13] On April 11, 2018, Beshear, the Kentucky Education Association and the Kentucky State Lodge Fraternal Order of Police filed a lawsuit against Bevin and other lawmakers following the decision to sign the bill. [14] Bevin responded by filing a motion to dismiss Beshear from the lawsuit for conflicts of interest. [15] On April 25, 2018, Bevin's request to disqualify Beshear was denied by the Franklin Circuit Court. [16]

Bevin called for Phillip Shepherd to step down, as well as referring to him as a "hack", but the judge refused to step down. [17] Bevin's request to dismiss Shepherd was denied by the Kentucky Supreme Court on June 6. [18] On June 13, Bevin filed an amended petition, but was denied on July 11. [19] [20] On August 10, 2018, the Kentucky Supreme Court announced that September 20, 2018 would be the date for hearing the case. [21] On September 20, the case was taken to court. [22] On December 13, 2018, the Supreme Court ruled against SB 151 on grounds that the bill did not receive the required three days of public readings, as mandated by the Kentucky Constitution. [23] This ruling handed Beshear a victory over Bevin. [24]

Reactions to Supreme Court decision

After the Kentucky Supreme Court ruled SB 151 unconstitutional, the decision received praise from the Kentucky Public Pension Coalition and the Kentucky Democratic Party, and criticism by the Kentucky Republican Party. [25] Justice Daniel J. Venters wrote that the bill did not comply with the requirements established in the constitution. [26] Teachers celebrated the decision and called it a "win for democracy". [27] However, Matt Bevin criticized the decision as "unprecedented power grab by activist judges". [28]

See also

References

  1. ^ Desrochers, Daniel (March 30, 2018). "7 things teachers need to know about Kentucky's surprise pension bill". Lexington Herald-Leader.
  2. ^ Ramsey, Austin (December 14, 2018). "Kentucky Court Strikes Pension Reform Law That Sparked Teacher Protests". Governing.
  3. ^ Bashear, Andy (2018). "Pension Bill Litigation". Attorney General of Kentucky. Archived from the original on 2019-04-07. Retrieved 2018-12-22.
  4. ^ Beam, Adam (March 29, 2018). "Quickly resurrected pension bill clears legislature". The State Journal. Associated Press. Archived from the original on April 7, 2019. Retrieved December 22, 2018.
  5. ^ "Senate passes pension reform bill, heads to Gov. Bevin's desk".
  6. ^ Watkins, Morgan; McLaren, Mandy (April 10, 2018). "Gov. Matt Bevin signs controversial, GOP-crafted pension reform bill into law". The Courier-Journal.
  7. ^ "Kentucky Supreme Court rules controversial pension reform law unconstitutional".
  8. ^ "Kentucky Supreme Court rules against pension reform bill".
  9. ^ Desrochers, Daniel; Cheves, John; Brammer, Jack (March 29, 2018). "Surprise pension bill wins final approval in Kentucky legislature. Teachers outraged". Lexington Herald-Leader.
  10. ^ Waldron, Travis (March 30, 2018). "Kentucky Teachers Shut Down Schools After Public Pension Overhaul". HuffPost.
  11. ^ DeLetter, Emily (April 2, 2018). "PENSION PROTEST". WKU Herald. Archived from the original on April 7, 2019. Retrieved December 22, 2018.
  12. ^ Brammer, Jack; Desrochers, Daniel (June 20, 2018). "Judge declares Kentucky's pension overhaul bill unconstitutional". Lexington Herald-Leader.
  13. ^ "Ky. Attorney General announces intentions to file lawsuit over hastily passed pension reform bill". WDRB. March 30, 2018.
  14. ^ WKYT News Staff, ed. (April 11, 2018). "Kentucky Attorney General Andy Beshear files suit against governor, lawmakers on pension reform". WKYT.
  15. ^ Moore, Annie (April 17, 2018). "Bevin files motion to disqualify AG Beshear from pension lawsuit for conflicts of interest". Wave3.com.
  16. ^ Latek, Tom (April 25, 2018). "Judge rules against disqualifying AG office from pension lawsuit". Kentucky Today.
  17. ^ Loftus, Tom (June 1, 2018). "Matt Bevin asks for 'hack' judge to leave pension lawsuit. He refused". The Courier-Journal.
  18. ^ WKYT News Staff, ed. (June 6, 2018). "Supreme Court of Kentucky denies Gov. Bevin's request to disqualify 'hack' judge". WKYT.
  19. ^ Ellis, Ronnie (June 14, 2018). "Bevin files amended pension suit". Richmond Register. CNHI.
  20. ^ Brammer, Jack (June 11, 2018). "Judge denies Bevin's request to amend court ruling that struck down pension changes". Lexington Herald-Leader.
  21. ^ Beam, Adam (August 10, 2018). "Kentucky Supreme Court Agrees to Hear Pension Case". U.S. News & World Report. Associated Press.
  22. ^ Brammer, Jack; Desrochers, Daniel (September 20, 2018). "Public pension case goes to Kentucky Supreme Court". Lexington Herald-Leader.
  23. ^ Cheves, John; Desrochers, Daniel; Brammer, Jack (December 13, 2018). "'Landmark win for every teacher.' Kentucky Supreme Court strikes down pension law". Lexington Herald-Leader.
  24. ^ Novelly, Thomas (December 14, 2018). "Pension ruling hands victory to Andy Beshear over Gov. Matt Bevin". The Courier-Journal.
  25. ^ Brammer, Jack (December 13, 2018). "Cheers and jeers erupt over Kentucky pension ruling. See the reaction". Lexington Herald-Leader.
  26. ^ Lindstrom, Michon (December 13, 2018). "Pension Reform Bill Struck Down by Kentucky Supreme Court". Spectrum News 1.
  27. ^ McLaren, Mandy (December 13, 2018). "Kentucky teachers celebrate pension ruling". The Courier-Journal.
  28. ^ "Gov. Bevin calls Kentucky Supreme Court pension reform law ruling 'power grab'". WKYT-TV. December 13, 2018. Bevin, Matt: Today's ruling by the Supreme Court is an unprecedented power grab by activist judges
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