Latest news with #HB196
Yahoo
13-03-2025
- Politics
- Yahoo
Kentucky Senate sends bill weakening miner safety protection to governor's desk
Senate President Robert Stivers, R-Manchester, urged lawmakers to loosen a mine safety law "to aid and assist the small coal mines without putting people at risk." (LRC Public Information) The GOP-controlled Kentucky Senate voted along party lines Wednesday to give final passage to a bill weakening a safety protection for coal miners put in place after the death of a Harlan County miner. House Bill 196, sponsored by Rep. John Blanton, R-Salyersville, would reduce the required number of trained and certified coal miners able to respond to medical emergencies, known as mine emergency technicians (METs), depending on how many miners were working a shift. Under Blanton's bill, a shift with 10 or fewer miners would be required to have only one MET, down from the current requirement of two. METs are trained to provide emergency medical care and stabilize a miner's condition. The free training required to receive a state certification to become a MET takes at least 40 hours and includes learning about cardiac emergencies, muscular and skeletal injuries and bleeding and shock. Blanton and other Republican proponents of the legislation say small coal-mining operators are being burdened by the requirement to have two METs on site for every shift, in some cases temporarily shutting down when only one MET is available. A father died mining coal. His son warns KY bill would endanger other miners. 'This really gives our small operators some room to breathe in this depressed environment,' said Sen. Phillip Wheeler, R-Pikeville, mentioning the coal industry's downturn in Eastern Kentucky. 'It's just about keeping these people who want jobs working.' Opponents of the legislation have warned that ending the protection afforded by requiring two METs — essentially having a backup if the other MET is unable to provide aid — would endanger miner safety. Tony Oppegard, an attorney and former mine safety inspector who helped write a 2007 mine safety law that required two METs, has said the requirement was spurred by the 2005 death of a Harlan County miner, David 'Bud' Morris. The then 29-year-old didn't receive proper first aid to stop bleeding after a loaded coal hauler nearly amputated both of his legs. The lone MET on site failed to give Morris necessary medical care. The Senate gave HB 196 final passage by a 30-7 vote after two Republicans had voted against the bill in committee and expressed concerns about how the bill could impact miner safety. Senate Majority Floor Leader Max Wise had suggested in the committee the bill could be changed. The widow of David, Stella Morris, testified against the bill in that committee. Morris' son, who was a baby when Morris died, has also spoken out against the legislation. One of the two Republicans who voted against the bill in committee, Sen. Scott Maden, R-Pineville, voted for the bill on the floor. The minority of Democrats opposed the legislation. Sen. David Yates, D-Louisville, who voted against the bill in the legislative committee, said he thought the bill was going to be improved after hearing some Republican concerns about it. 'Are we doing something that benefits the industry, the corporation literally at the expense, health and wellness of the individual — or we back the coal miners, the individuals, to make sure that they are safe?' Yates said. Senate President Robert Stivers, R-Manchester, called the death of Morris a 'horrific accident' and said it would have been 'extremely hard, whether one person was there or three or four people were there' to save Morris considering the seriousness of his injuries. 'This is cost prohibitive in some small operations, but there are still medically trained personnel on site, and this bill should pass to aid and assist the small coal mines without putting people at risk,' Stivers said. Stella Morris, Bud Morris' widow, dismissed any suggestion that her late husband's death wasn't preventable, pointing to a federal report after his death that quoted a paramedic as saying there would have been 'a very different outcome' if Bud had received basic first aid. She said she supports the coal mining industry in her Eastern Kentucky community but ultimately does not want another family to go through the loss of a loved one like her family did. 'I don't feel like they care about the miners,' Morris told the Lantern. 'I feel like all they cared about today when they voted was the coal industry, but without the miners, you don't have a coal industry.' Oppegard, the mine safety inspector who helped create the requirement for two METs, opposed HB 196 from its introduction. He said Republican lawmakers by lowering the requirement will risk the death of a coal miner while saving 'one of their coal operator buddies,' according to his estimate, roughly $40 to $50 a week to pay a second MET on site. 'Let's be clear: Republican legislators don't care about the safety and health of miners,' Oppegard said. 'Only the most callous people on the face of the earth think that way. We hope that Gov. Beshear vetoes this wrong-headed legislation. If the General Assembly overrides his veto, then they will have blood on their hands if the legislation ends up costing a miner his life.' Democratic Gov. Andy Beshear will now consider whether to sign the bill into law, let the bill become law without his signature or veto the legislation. The GOP supermajority in each legislative chamber can easily override any veto from Beshear.
Yahoo
06-03-2025
- Politics
- Yahoo
Rollback of KY mine safety law advances even as Republicans voice concerns
Sen. Scott Madon, R-Pineville, voted against House Bill 196 which would rolli back part of a state mine safety law. (LRC Public Information) FRANKFORT — Despite reservations voiced by some Republicans, state senators advanced a bill Thursday that would weaken a safety protection for coal miners put in place almost two decades ago after the death of a Harlan County miner. House Bill 196, sponsored by Rep. John Blanton, R-Salyersville, advanced from the Kentucky Senate Economic Development, Tourism and Labor Committee by a vote of 7-4. Two Republicans, Sen. Matt Nunn, R-Sadieville, and Sen. Scott Madon, R-Pineville, joined the two Democrats on the committee in opposing the bill. Other Republicans voiced concerns about the bill but voted to advance HB 196 with the understanding it may be changed. 'This is a very difficult bill because there's arguments on both sides,' said. Sen. Phillip Wheeler, R-Pikeville, who presented the bill to the committee and voted to advance it. 'If I felt that this would substantially impair the safety of our working miners, I would be the first to come out against it.' Wheeler echoed Blanton's reasoning for the bill, saying he wanted to keep small coal mines in business. The legislation would reduce the required number of trained and certified coal miners able to respond to medical emergencies, known as mine emergency technicians (METs), depending on how many miners were working a shift. Under HB 196, a shift with 10 or fewer miners would be required to have only one MET, down from the current requirement of two. METs are trained to provide emergency medical care and stabilize a miner's condition. A father died mining coal. His son warns KY bill would endanger other miners. The requirement to have two METs was spurred by the 2005 death of a Harlan County miner, David 'Bud' Morris, who didn't receive proper first aid to stop bleeding after a loaded coal hauler nearly amputated his legs. The only MET on site failed to give Morris necessary medical care. The requirement for two METs on a mining shift was intended to ensure a backup MET is available if one MET is not able to provide aid. Courtney Rhoades, an organizer for the Letcher County-based legal organization Appalachian Citizens' Law Center, told lawmakers in testimony the group has seen 'no evidence' that coal companies are unable to maintain two METs on mining shifts. At least one small coal mine operator has said it's been a struggle to have two METs on site. Both Morris' son, Landen, and his wife, Stella, have spoken out against the bill, arguing the need for a backup MET is a vital protection and that they don't want other families of coal miners to go through the loss they went through. On Thursday, Stella Morris testified against the bill through a video conference call with the legislative committee. 'It's not about wanting to put anybody out of business. It's all about wanting to keep their miners that we have underground safe at all times,' Morris told lawmakers. Nunn, one of the Republicans who voted against the bill, said he had a 'lot of food on the table because of coal' and didn't want to harm the industry. 'I have concerns about this bill and the impact on safety for our miners, the ones who ultimately do put that food on the table,' Nunn said. Senate Majority Floor Leader Max Wise, R-Campbellsville, who voted for the bill, said he had 'some consternation' with the legislation and that senators 'may have to work on' the bill before it reaches a Senate floor vote. The Senate could change HB 196 through a floor amendment, which would send it back to the House to concur or disagree with the changes.
Yahoo
03-03-2025
- Yahoo
A father died mining coal. His son warns KY bill would endanger other miners.
David "Bud" Morris celebrates his son Landen's first Christmas in 2005. Five days later, Bud died after a mine owner, the only mine emergency technician on duty, failed to render aid after Bud was injured underground. (Morris family photo) Growing up along the Harlan-Letcher county line in Eastern Kentucky, Landen Morris often heard from family that he reminded them of his father. It wasn't just because his slightly crooked smile or brown eyes resembled David 'Bud' Morris, they told him. It was the way he talked, the way he laughed, his personality. Bud was a good person, they said, who cared about others. The 19-year-old plays the bass drum in the Morehead State University marching band, and his late father loved playing the drums in a rock band. 'I never got to really meet him personally,' Landen told the Lantern over the phone. 'I feel like that process of getting to know him was a little more difficult. … Just learning to actually trust what people had to say about him, and the fact that they were all good things.' Landon was only 3 1/2 months old when Bud Morris was fatally injured in an underground coal mine in Harlan County in December 2005, leaving behind his mother, Stella Morris, to raise him. It was a death that federal inspectors said was preventable, in part because Bud, 29, didn't receive proper first aid to stop bleeding after a loaded coal hauler nearly amputated both of his legs. The only person trained on site in emergency medical care, the mine owner, failed to provide proper aid. Morris' death was part of a spate of deaths in coal mines across the country including five miners killed in an underground explosion in Harlan County in 2006. Stella Morris and the other widows did not grieve in silence. They joined the United Mine Workers of America (UMWA) at the Kentucky Capitol to push for stronger safety protections. That intense lobbying effort led to Kentucky lawmakers in 2007 unanimously approving a number of mine safety protections that went beyond federal rules. One protection was put in place because of what happened to Bud Morris, said Tony Oppegard, a former mine inspector and attorney who helped write the law. The legislature required at least two mine emergency technicians (METs), or miners trained to provide medical care and stabilize a miner's condition, on each mining shift. If one MET was unable to help, the new law assured that a backup MET would be there. Now, nearly two decades after losing Bud, Stella, joined by Landen, is speaking out again because Kentucky miners are at risk of losing that extra MET. The House last month approved a bill that would end the requirement for a backup MET on shifts with 10 or fewer miners. The sponsor of House Bill 196, Rep. John Blanton, R-Saylersville, who represents Knott, Magoffin and part of Pike County, has argued small mines are being temporarily shut down by not having two METs available on site, hurting productivity and impacting miners' paychecks. Blanton's HB 196 awaits action by the Senate. An operator of small surface mines in Eastern Kentucky told the Lantern he doesn't want to endanger miners but that having one MET on site is sufficient coupled with the first aid training his miners receive. Oppegard, the former mine safety inspector, disagrees, saying the extensive emergency medical training that METs receive goes well beyond first aid training. Stella remembers Dec. 30, 2005 was the last working day of the year for Bud at Mine No. 3 with H & D Mining Inc. She was getting ready to take a shower and go to her job when she got a call from the mine saying Bud was being taken to the local hospital. Bud's legs were cut off, the caller said. By the time she got to the hospital, Bud was gone. She remembers the months after Morris' death as a bad dream she couldn't wake up from. 'I had a 3 ½ month old son, and I would look at him for my strength to carry on through the day, because part of me wanted to go on and be with Bud,' Stella said. 'But I would look at my son knowing that he had lost his dad. I couldn't make him lose his mom.' She'd also replay in her mind the decisions made by miners that day when Bud died — why they didn't elevate his body to mitigate the bleeding, or why the only mine emergency technician on site didn't instruct other miners on how to help Bud. According to a federal mine fatality report, Morris, a shuttle car operator, died from 'near amputating injuries' to his legs when he was struck from behind by a loaded coal hauler. His left leg was severed '17 inches above the heel.' The report states the mine emergency technician at the mine did not provide Morris with any first aid as he continued to bleed, instead telling miners to 'get him out of here.' A supervisor, who was supposed to receive first aid training but had not yet done so, wrapped cravat bandages around Morris' knees. Outside the mine while waiting for an ambulance, miners had 'applied two pieces of rope to each leg above the knee' in an attempt to stop the bleeding, according to the report. Miners didn't apply dressings or tourniquets to the injury, nor were pressure points used to mitigate the bleeding. A paramedic who treated Morris said there would have been 'a very different outcome' if basic first aid training had been implemented, according to the report. The lone mine emergency technician at the mine had 'panicked,' the acting director of Kentucky's mine safety office told the Louisville Courier-Journal in a Feb. 15, 2008 article. Stella's takeaway: 'Just because you have a title don't mean you're going to do what you should do when it comes down to things like that. If we would have had someone else, just one other miner trained to do what Bud needed, he may still be with us today.' Stella filed suit against H&D Mining Inc. but received no compensation from the coal mining company. When Landen was growing up, she'd tell him how much his dad loved him and that he was in heaven. Stella didn't sit down with Landen and share some of the details of what had happened to Bud until her son was about 10 years old. 'My son would just lay and cry for his dad, and it was like, 'He knew his dad but he didn't know his dad,' And it was a struggle,' Stella said. 'I'm very proud of my son for being the tough kid that he is. I just thought it was a different life for him than what he would have had had he had his dad growing up.' Landen told the Lantern he didn't look at the federal mine fatality report detailing how his father died until last month. He worries that if HB 196 becomes law other injured miners will die like his father for lack of trained help. Ending a requirement that could 'save someone's life one day is, without a better term, stupid,' Landen said. 'I just feel like they're doing miners a disservice.' Both proponents and critics of HB 196 recognize the significant decline of Kentucky's coal industry, particularly in Eastern Kentucky, in the nearly two decades since Bud's death. The market pressures of competitive natural gas prices along with cheaper coal produced elsewhere decreased demand for Appalachian coal, while mines became more mechanized and automated. The number of active mines and miners in Kentucky have steadily dropped. Blanton, the sponsor of HB 196, has argued that fewer and smaller coal mines are operating now in Eastern Kentucky. Some of those smaller operators asked him for the change. He told the Lantern he wants to cause no harm to miners, only keep them working. 'I don't want to cause consternation for them, by no means. I just want to make sure that our mines are able to stay operational, that we do so in a safe manner,' Blanton said. 'I'm simply trying to make a tweak to it so that mines can stay operational.' According to the state's 2023 annual mine safety report, 53 licensed mines — out of 158 total — had 10 or fewer employees. Those small mines accounted for 267 of the 4,766 total employees counted in the report. When asked about small mining operations that have been impacted by the MET requirement, Blanton pointed to former Pikeville Mayor Frank Justice II who operates a few small surface mines in Eastern Kentucky. Justice in a phone interview said it's been difficult to have two METs on site for his highwall mining operations, particularly overnight shifts, staffed with three or four people. Highwall mining is a technique in which machinery is used to extract coal from an unmined wall of excavated earth. 'It's a big burden to keep two METs on there, especially when guys already got all their first aid training,' Justice said. 'What happened to Mr. Morris is certainly a tragedy, but I've got confidence in my guys' ability to handle situations.' Justice said in the past when he has had only one MET available, he has hired emergency medical technicians from local fire departments to stay on site while his miners operate. He said he pays his certified METs a dollar more per hour, but he also suggested some of his miners don't want the responsibility of being a MET. 'Anytime you ask for something like this, it's controversial of course. I know that,' Justice said. Oppegard, the attorney who helped write the 2007 law, said that while the industry has declined, the need for a backup MET at all mine sites has not. The free training required to become certified as a MET takes at least 40 hours and includes learning about cardiac emergencies, muscular and skeletal injuries and bleeding and shock. An exam and annual training also are required. The industry's decline has coincided with the disappearance of organized labor in Kentucky mines. The last unionized Kentucky coal mine closed at the end of 2014. The United Mine Workers of America union has previously opposed bills that would reduce the required number of METs for small coal operations. In 2009, UMWA President Cecil Roberts wrote a letter to the editor in part condemning a Kentucky bill that would have reduced the number of required METs from two to one for mine shifts with 18 or fewer workers. Roberts wrote then that 'supporters of these attacks on miners' safety say they are taking these steps to help small mine operators.' 'One thing you can say about these folks: At least they aren't trying to hide the truth of their greed. They are willing to be quite upfront about their desire to put profits and production ahead of safety in Kentucky coal mines,' Roberts wrote. The UMWA was neutral on a similar Kentucky bill last year to reduce the number of METs, and Blanton has said the UMWA is neutral on this year's bill as well. A representative with the national UMWA office didn't respond to emails requesting an interview about the union's position on this year's bill. Every mining law ever written on paper was written with the blood of dead miners. It always took a disaster to get the laws changed. – Steve Earle, United Mine Workers of America In a recent interview, Steve Earle, a former UMWA lobbyist who helped push for the original requirement for two METs and current vice president for the UMWA district representing Western Kentucky, spoke personally about his experience working with Stella and other widows to pass the 2007 mine safety law. The late Democratic Rep. Brent Yonts of Muhlenberg County carried the mine safety bill in 2007; it passed both legislative chambers unanimously. 'I was speaking at a Democratic function. I said, 'Because of the hard work that Rep. Yonts did … women have husbands and children have fathers.' And I was convinced then, and I'm convinced now, that that legislation saved miners' lives,' Earle said. Earle, speaking to the Associated Press in 2007, said the mine safety law showed what determined, passionate people like Stella and the other widows can do 'when they have right on their side.' Earle told the Lantern he still believes that. 'They did have right on their side. They were very effective,' Earle said. 'Every mining law ever written on paper was written with the blood of dead miners. It always took a disaster to get the laws changed.' Landen says he has a lot of respect for his many neighbors and high school classmates who work in mining. He believes coal mining — an occupation that's taxing and difficult for a number of reasons — is an integral part of his mountain community. He picked a different path, enrolling at Morehead State where he hopes to become a high school English teacher. He remembers writing an essay about the epic poem 'Beowulf' in high school, being fascinated by the Old English syntax. He doesn't know what his future holds or whether he'll stay in Eastern Kentucky but he hopes to inspire and help others. As for the father he never got to know in person, he believes Bud would be proud of him. 'I'm on the path to actually doing something else than what's usually expected in our little town. Because not many people do go to college here, let alone teach,' Landen said. 'I feel like he would just be really, really proud of me, that I'm carrying on that dream and that I'm actually chasing it, rather than falling into something that I wouldn't enjoy.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Boston Globe
21-02-2025
- Politics
- Boston Globe
Marijuana legalization advances in New Hampshire — toward a brick wall
One of the leading GOP voices who pushed for legalization last year has said he Get N.H. Morning Report A weekday newsletter delivering the N.H. news you need to know right to your inbox. Enter Email Sign Up In urging his colleagues to vote against Advertisement 'If we decide to legalize marijuana, then we should do it correctly, in an orderly way,' Roy said. 'I know we've tried in 50 different bills over the last few years. Nothing seems to go through. And let me tell you, this one ain't going to go through either,' he said. 'We know it's not going to get all the way through. So let's do it smart and do something that takes care of children, has guardrails and protections, not just throw it out there.' Democratic Representative Jodi K. Newell of Keene, who spoke in favor of HB 75 on Thursday, said she lost an older brother to alcoholism and a fiancé to a heroin overdose. Marijuana is safer than those drugs, and the state should trust adults 21 and older to use it responsibly, she said. Advertisement 'Who knows,' she added. 'We may just save some lives while we're at it.' Democratic Representative Alissandra Murray of Manchester wrote in Separately on Thursday, the House also approved Both HB 75 and HB 196 passed the chamber on voice votes. They head next to the Senate. Polling conducted last year by the University of New Hampshire Survey Center found that legalizing cannabis for recreational use is an idea that This story first appeared in Globe NH | Morning Report, our free newsletter focused on the news you need to know about New Hampshire, including great coverage from the Boston Globe and links to interesting articles from other places. If you'd like to receive it via e-mail Monday through Friday, Steven Porter can be reached at
Yahoo
21-02-2025
- Politics
- Yahoo
Despite Ayotte opposition, House again embraces legal pot bill
Feb. 20—A defiant House of Representatives ignored the opposition of Gov. Kelly Ayotte and approved legislation to legalize for recreational use the possession of marijuana for adults 21 years or older. Unlike her predecessor, Ayotte, a former attorney general and U.S. senator, said during her 2024 campaign that there was no legalized cannabis proposal that she would support. Former Gov. Chris Sununu had last year spelled out the guidelines for his preferred option, but House and Senate leaders could not reach agreement on the details. The House passed the latest proposal (HB 75) from state Rep. Kevin Verville, R-Deerfield, on a voice vote after a move to kill it failed, 190-167. On the latter issue, Republicans broke, 138-67, in favor of killing the bill while House Democrats as a group opposed that move and voted by a 123-29 margin to keep it alive. Rep. Jodi Newell, D-Keene, said she joined the field of substance abuse recovery and had lost a fiancé to a heroin overdose and an older brother to alcoholism. "These substances kill our loved ones, yet the latter (alcohol) is perfectly legal," Newell said. "Who knows? We may just save some lives while we are at it." House Criminal Justice and Public Safety Committee Chairman Terry Roy, R-Deerfield, said the proposal was badly flawed as it merely made possession legal without designating who could sell, manufacture or regulate the sale. "If we decide to legalize marijuana, we should do it in a right way and an orderly way," Roy said. "If we do it, this has to be done responsibly and not just throw our hands up and say, 'Let's pass something without any guardrails.'" The measure now heads to the state Senate, where its fate is uncertain. A year ago, the Senate for the first time had passed a legalized cannabis bill after an opponent, former Senate President Jeb Bradley, R-Wolfeboro, convinced his colleagues to make many changes to beef up state oversight. The voters last November added to the Senate two more Republican members and with a 16-8 majority it might be difficult for any legalized cannabis bill to pass there this year. Without debate, the House sent to the Senate a related bill (HB 196) that if adopted would annul automatically anyone's misdemeanor level conviction for possession of marijuana. klandrigan@
