Latest news with #DannyCarroll
Yahoo
15-03-2025
- Politics
- Yahoo
KY Senate approves bill to weaken open records law for police, other public agencies
The Kentucky Senate on Friday easily passed a bill to make it easier for police departments to withhold law enforcement records from the public under the Kentucky Open Records Act. The bill returned to the House, which must concur with the Senate's actions and give it final passage. House Bill 520 makes crucial changes to the state's open records law by lowering the government's burden of proof when it wants to withhold crime incident reports, 911 tapes, investigative files and other related documents. Instead of having to provide specific evidence of how releasing a record to the public would imperil an ongoing investigation, as is currently required, police only would have to say that disclosure could 'pose an articulable risk of harm' to them or their pending casework. 'This change makes the burden more reasonable for law enforcement agencies to comply with and protects public safety by ensuring that protected information related to investigations is not prematurely released while law enforcement actions and investigations are ongoing,' said state Sen. Danny Carroll, a former assistant police chief in Paducah, arguing for the bill on the Senate floor. Apart from local and state police, the bill also covers records held by public agencies that conduct administrative investigations into alleged wrongdoing, such as the state's inspectors general and regulatory and licensing boards. Before the Senate floor vote, Carroll, R-Paducah, withdrew a Senate committee substitute, adopted on Thursday, that contained even broader language. The substitute would have allowed police to withhold records if they were willing to say that disclosure 'could pose a risk of harm.' That version barely survived the Senate committee vote. The Senate voted 25-to-12 in favor of the bill, with most of the chamber's Democratic minority joined by several libertarian-leaning Republicans who appeared wary of promoting government secrecy. 'It looks like a really simple change — it's changing a 'would' to a 'could,'' said state Sen. Lindsey Tichenor, R-Smithfield, explaining her opposition to the bill. 'But 'could' is very subjective,' Tichenor said. 'And making such a significant yet minor change really changes our Open Records Act, which potentially closes off transparency. This 'would' has been in place for 49 years and has served its purpose well.' Kentuckians have a legitimate right to know what's happening with criminal cases, especially if they're the ones who were personally affected, Tichenor said. Advocates of open government protested Friday that the bill is an attack on years of court rulings in open records appeals in which police have been told either to release records to the public or be more specific in explaining why requested records should be withheld. Most recently, the Kentucky Supreme Court ruled last year for the Courier Journal in its fight for 911 tapes and other records related to a deadly high-speed car crash involving police in the city of Shively in Jefferson County. Unable to prevail at the courthouse, police have asked the General Assembly to rewrite the open records law in their favor, said Amye Bensenhaver, a former assistant attorney general and co-founder of the Kentucky Open Government Coalition. 'It was, and still is, so clearly a legislative reversal of the Shively opinion and a decade plus of thoughtful judicial analysis. It has the attorney general's fingerprints all over it, and is obviously driven by law enforcement,' Bensenhaver told the Herald-Leader. 'In my view, the proposed Senate bar for justifying denial is the lowest ever: an agency statement 'that the disclosure of the information could pose a risk of harm to the agency or its investigation,'' Bensenhaver said. 'We are so screwed if this passes.' The bill is publicly endorsed by the Kentucky League of Cities, the Kentucky Police Chiefs Association and the Kentucky Sheriffs Association. A note prepared for and attached to the bill by legislative staffers suggests that by making it easier to deny requests, the bill likely would 'reduce the administrative burden on local law enforcement agencies by limiting the volume of records they must review and redact before responding to open records requests.'
Yahoo
27-02-2025
- Politics
- Yahoo
Hundreds protest as Legislature debates removing gender identity from Iowa Civil Rights Act
Hundreds gathered in the rotunda of the Iowa State Capitol Feb. 27, 2025, protesting legislation to remove gender identity from the Iowa Civil Rights Act that lawmakers are expected to debate on the floor Thursday. (Photo by Robin Opsahl/Iowa Capital Dispatch) Lawmakers in both chambers are considering legislation Thursday that would remove protections from discrimination on the basis of gender identity from Iowa civil rights code. Hundreds of Iowans filled the rotunda of the Iowa State Capitol, chanting and holding signs that called for lawmakers to reject a measure that would remove gender identity as a protected class from the Iowa Civil Rights Act. House File 583 would amend parts of Iowa law providing protections against discrimination in areas like employment, housing, public accommodations and education, to no longer include 'gender identity' from these civil rights sections. The bill would also change language defining 'sex' and 'gender' in Iowa law and would remove the ability for a transgender person to change the sex designated on their birth certificate after receiving gender-affirming surgery or other related treatment from a licensed medical provider. The Iowa Senate began debate Thursday afternoon on a companion bill, Senate File 418, with Republicans passing a measure that will cut off debate and force a vote by 3:30 p.m. The House Judiciary Committee heard from Iowans about the measure in a public hearing Thursday morning. The large crowd gathered outside — and many of the speakers at the hearing — said the measure will give legal coverage for more discrimination, harassment of transgender people in the state. Supporters of the bill said this change was necessary to ensure laws passed by Republican lawmakers on issues like transgender women competing in women's sports and the ability of transgender people to use school bathrooms corresponding with their gender identity can survive court challenges. Danny Carroll with the Family Leader, said the measure was necessary because of the 'unintended consequences' caused by the addition of gender identity to the civil rights code in 2007. He highlighted cases like court decisions on overriding a state law prohibiting Medicaid coverage for gender-confirmation surgery or allowing transgender women to be allowed in women's shelters or correctional facilities. 'They probably did not anticipate the legal complaints that would be filed against businesses because they believe sex is limited to a man and a woman and they act accordingly,' Carroll said. 'And finally, anticipating level of legal complaints filed against an employer because they want to conduct their business according to the traditional understanding of male or female. There's still many rights that are retained, all the rights and freedoms that we've already had.' Opponents of the bill said that the removal of these civil rights protections would lead to real discrimination against transgender Iowans. Devin Kelly, civil rights attorney, shared a story about representing a transgender man in a rural community who faced employment discrimination because he was transgender. The client, who Kelly referred to as Steven, applied for a vacant position, and after checking on his application, was called by the incorrect name and told the position was filled. When he had friends call back to ask about the position, they were told the position was still open. 'This is the type of thing that gender identity in the Civil Rights Court protects,' Kelly said. 'It protects people working hard across the state, in rural communities — some of you might not even know — but are just trying to make a life for themselves and their families and serve their communities.' Ray Simmons of Red Oak, pastor of the Ascension Reformed Church, said Iowa's current civil rights code 'does not fit' Iowa. 'Based on recent election, Iowa and (those) like in my county would want you to pass this bill, because our current vote does not fit the election mandate,' Simmons said. '… I would recommend listening to your constituents. Secondly, our code is not fit, our current code does not fit with the rest of the code. God would have us to make codes that are consistent and protecting children, upholding religious freedom, are those types of things.' He and several other supporters of the bill also said that their opposition to gender identity being protected under Iowa Code was rooted in their religious beliefs, that God made two sexes. But several religious leaders spoke against the measure, saying that removing protections from a group of people who already face significant hardships and hate is not in line with their religious beliefs. Rt. Rev. Betsey Monnot, bishop of the Episcopal Diocese of Iowa, said Jesus taught to treat others how you would want to be treated, saying this means 'if you would not want the government to remove your civil rights, do not remove the civil rights of others.' 'Transgender Iowans are members of my congregations and members of communities across the state of Iowa,' Monnot said. 'They are your neighbors and my neighbors. Jesus calls us to love our neighbors as ourselves. It is unthinkable to remove civil rights and legal protections from people that we love.' The Iowa House is expected to take up the bill later Thursday afternoon. This story is developing and will be updated.
Yahoo
21-02-2025
- Business
- Yahoo
Kentucky Senate passes bill creating nuclear energy grant program
Sen. Danny Carroll, R-Benton, said Kentucky is falling behind Tennessee and other states in nuclear energy development. (LRC Public Information, 2023 photo) The GOP-controlled Kentucky Senate unanimously passed a bill Friday that would create a grant program to support nuclear energy development in the state, building off the establishment last year of a research authority dedicated to studying and supporting nuclear energy. Senate Bill 179, sponsored by Sen. Danny Carroll, R-Paducah, would allow the Kentucky Nuclear Energy Authority housed at the University of Kentucky Center for Applied Energy Research to accept applications for grants supporting 'the entire nuclear energy ecosystem' in Kentucky. Grants for projects could include radioisotope production, the siting of nuclear facilities, nuclear waste storage and the enrichment of nuclear fuel. Carroll said on the Senate floor with the prospect of rising electricity demand from data centers and electric cars, Kentucky was falling behind in nuclear energy development compared to other states, mentioning Tennessee's investments in nuclear energy. He said his bill would 'again send that message to those in the industry that Kentucky is open for business when it comes to nuclear.' 'I want to make it clear this is not just nuclear reactors within the commonwealth. It's the entire ecosystem,' Carroll said. 'All the industry that comes along with that, we want that in our commonwealth. It will help to build our economy and it will help to supply our energy needs.' A bill that became law sponsored by Carroll last year established the nuclear energy authority. Its membership includes representatives from utilities, local and state officials and a representative for environmental interests. Of the $20 million in state funds going each fiscal year to the authority, $10 million of that would be allowed to be used for grants under SB 179. Each grant would be no larger than $2 million. Sen. David Yates, D-Louisville, said the concept of nuclear energy can make some nervous, but a part of their job as elected officials is to educate the public on 'all the precautions and the research' that has been put in place.'
Yahoo
19-02-2025
- Politics
- Yahoo
KY Senate approves mental health center for juveniles in detention, funding uncertain
Sen. Danny Carroll, R-Benton, said a mental health facility for juveniles in detention would be built at Central State Hospital in Louisville under his bill. (LRC Public Information) The Kentucky Senate has unanimously advanced a bill to formalize treatment protocols for youth in the Department of Juvenile Justice system (DJJ) who have 'high acuity' needs — including building a mental health detention center. Senate Bill 111 defines a 'high acuity' youth as 'a child who has been determined by a clinical professional, following a behavioral assessment, to need an environment and specialized treatment capable of addressing manifest aggression, violence toward persons or property destruction.' The mental health facility, which sponsor Sen. Danny Carroll, R-Paducah, called the 'key component' of the bill, would be located at Central State Hospital in Louisville. A fiscal note estimates the price of designing it at around $5 million, 'which will ultimately determine the construction costs to complete the facility.' The bill also calls for the construction of two female-only detention facilities, though a floor amendment delays that until a budget session, which the legislature holds in even numbered years. Those facilities would cost about $90 million. Senate Bill 111 passed the Senate Judiciary committee the day before Valentine's Day. Sen. Keturah Herron, D-Louisville, called for a continued look at DJJ and said the overall 'lack of care and consistency and stability' in the department could be contributing to behavioral problems in the centers. Reports of violence in Kentucky's juvenile justice system regularly made headlines in 2023, including a riot in Adair County during which a girl in state custody was allegedly sexually assaulted and an attack on employees at a youth detention center in Warren County. The department has also faced persistent staffing issues and been the subject of considerable legislative attention and has been under investigation by the U.S. Department of Justice. 'The kids are going to respond to the environment in which they're in,' Herron said. 'I think that we have a huge responsibility to continue to analyze, review and look at, from the top to bottom, the needs of our kids who are justice-involved. And it's not just the kids who are in facilities, but it's also the kids who are in communities, the kids when they're coming home to reentry.' Carroll filed this legislation last year, too. He believes part of the reason it was unsuccessful was 'the cost associated with the two female detention centers,' which amounted to about $90 million. A post-committee edit of the bill removes the two centers for females and instead requires DJJ to 'operate a regional model of juvenile detention facilities which shall safely segregate violent offenders … from nonviolent offenders.' On the Senate floor, Carroll said establishing two female detention centers — in Central and Western Kentucky — is still the goal. The floor amendment that he filed, he said, 'does not mean that we are moving away from that plan.' 'It simply means that this is a non budget year, and we will look at avenues to move this provision forward during a budget cycle,' he said. 'Right now (there is) a $90 million price tag on these two facilities, and we will continue to work in that direction. Hopefully we will finalize plans for that in the upcoming session.' Carroll foreshadowed this compromise when the bill was discussed in committee. At that time, he said he would consider compromising on the female detention facilities to make sure the mental health facility made it through the legislature. 'If we are looking at the care of the females, and we are looking at the distance that counties have to travel to house female offenders, the model that we have set forth, I believe, is the correct solution,' he said at that time. 'However, if the cost of that causes this bill to die, I'm willing to remove that provision from the bill to ensure that we get the mental health process in place to address these issues within DJJ.' Senate President Robert Stivers, R-Manchester, said during the committee discussion that he advised Carroll to keep the fiscal note even though this is not a budget year. 'Whether or not we open up the budget this session becomes a question, but everybody needs to understand: implementation of this bill, which I think everyone knows is probably needed, will come with a price tag, if not this year, it will probably come next year,' Stivers said. 'That portion of construction may need as we go through the process, need to be taken out until we do open up the budget.' SB 111 can now go to the House for review. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
