Published: June 23, 2009 08:00 am      

House passes budget

Senate committee kills slots bill

The Kentucky House of Representatives passed a budget reduction act – which bonds more than $1billion in new school construction – 68-28 Monday, but not without some unusual twists.

First, the bill is contingent upon passage of a slots at the horse tracks bill to fund the school construction. And a couple of hours after the House passed the budget bill, the Senate budget committee killed the bill to allow video lottery terminals at horse tracks.

Rep. Jim Wayne, D-Louisville, says the budget bill is unconstitutional because it violates the equal education opportunity portion of the landmark state Supreme Court ruling that led to the Kentucky Education Reform Act. That case was fought over unequal funding of poor and rich school districts.

Wayne said the budget bill rewards school districts represented by lawmakers who voted for the slots bill while those who voted against the bill did not get any schools in the budget.

House Speaker Greg Stumbo, D-Prestonsburg, with the help of Rep. Harry Moberly, D-Richmond, put the plan together to replace several category five – considered by the state as those in the worst condition – and category four school by financing bonds with state proceeds from the slots revenues. At a caucus of House Democrats last week, Stumbo told them they could have a new school in their district but they had to vote for the slots bill. Wayne said that clearly is discriminatory and political and would not stand up in court.

Stumbo said the way the state categorizes schools for replacement is “arbitrary and capricious,” and does not meet the standard of the court ruling. He also noted Wayne is not an attorney.

Rep. Dottie Sims, D-Horse Cave, represents a unique school district in Kentucky. Caverna, a small district of fewer than 1,000 students, serves Cave City in Barren County and Horse Cave, six miles away and across the county line in Hart County. Sims represents Hart County and voted for the lottery bill. Rep. Johnny Bell, D-Glasgow, represents Barren County and voted no. Glasgow High School, a category four school located in Bell’s district, is not included in the budget bill.

But Caverna High School/Middle School (both contained in one building) was, although Caverna Board of Education member Wayne Hatcher said over the weekend the school had just been reviewed by the state and placed in category three. But there it was on the list in the budget. Sims said she wanted to put Caverna Elementary in the budget – but the elementary school is located in Barren County, Bell’s district.

Stumbo said every lawmaker who asked for a school in his or her district to be included in the budget got at least one school. But the 45 lawmakers who voted against the slots bill got no schools, meaning they did not ask, apparently assuming there was no point after they had been told in caucus new schools were contingent on their votes for slots.

It was not just elementary and secondary schools that got money. Several university projects were funded – but not at Western Kentucky University which is located in an area represented by Rep. Jody Richards and Rep. Jim DeCesare, both of Bowling Green and both of whom voted against the slots bill.

Republican Leader Jeff Hoover of Jamestown asked that the House recess for one hour so that members could read the budget bill, but his motion was defeated. Hoover said the original budget bill had been just 14 pages, but when the committee substitute was presented to the budget committee just a couple of hours before the House convened to vote on it, the bill had grown to 57 pages – and members had little time to see what is in it.

Rep. Tanya Pullin, D-South Shore, voted against the bill for that reason.

She said she customarily refuses to vote for bills she is not given time to read and study.

The bill aims to cover a projected revenue shortfall of about $996 million, primarily by using federal stimulus funding and reducing most state agencies by 2.6 percent although it provides no specific cuts, leaving those decisions to Beshear. That does not include the new schools construction.

Other features of the budget bill are an increase in annual, per pupil funding for school districts’ capital outlay funds; keeping the Property

Valuation Administrators funding at the original budgeted levels; $20 million for treatment programs for problem gamblers and substance abusers; funding for Operation Unite; $1.7 million for public defenders to cover the deficit with which they will begin the year; and more money for commonwealth and county attorneys.

It removes a provision in Beshear’s plan to ask state employees to give up pay for between three and five holidays.

The two chambers have now passed separate versions of all measures before the special session and were expected to name conference committees to attempt to work out compromises on each.

Ronnie Ellis writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com. The Richmond Register is a CNHI newspaper.