2010 Interim
IVE
Volume 23, No. 3
August 2010
* Read on-line at www.lrc.ky.gov/legislation.htm* F
RECORD
Proposed death penalty ban reviewed by panel
by Rebecca Mullins Hanchett
LRC Public Information
Lawmakers reviewed a proposal on Aug. 11 in
Frankfort that would eliminate the death penalty for
severely mentally ill persons who commit capital
crimes in Kentucky.
House Bill 16, sponsored by House Minority
Whip David Floyd, R-Bardstown, and Rep. Darryl
Owens, D-Louisville, stalled in the House Judiciary
Committee during the 2010 Regular Session. The bill
would have defined “severely mentally ill” defen-
es (larits under Kentucky law and
eliminated the death penalty
for those defendants while
leaving courts the option to
Severe mental
illness affects
only 2.6
ercent of the hand another sentence down
ne ulation in those cases. Seriously
P in lud mentally retarded defendants
a fe es in capital cases and those
suc!
who commit capital crimes
when they are under age 18
are already exempt from the
death penalty in Kentucky.
Sheila Schuster with
the Kentucky Mental Health
Coalition told state lawmak-
ers on the Interim Joint Committee on Judiciary that
severely mentally ill persons are not deterred by the
threat of the death penalty and that “it is time to re-
move this small group from (those eligible) for the
death penalty” while still holding such persons ac-
countable for their crime.
Severe mental illness, according to testimony
by psychologist Dr. Russ Williams, affects only 2.6
percent of the population and includes such disor-
ders as schizophrenia and delusional disorder, he
disorders as
schizophrenia
and delusional
disorder.
Rep. Kelly Flood, D-Lexington, confers with Rep. Harry Moberly,
D-Richmond, prior to the August meeting of the Interim Joint
Committee on Judiciary in Frankfort.
said. A person with such a disorder often has non-re-
ality based beliefs which Williams said may include
thoughts that the individual is a king or a queen, or
even a major religious figure. “They have no basis in
reality of what’s going on,” he said.
“We’re not asking that these people not be pros-
ecuted,” said Williams. “We’re asking that the death
penalty be taken off but they still be held account-
able for their actions.”
Execution of the severely mentally ill is still
legal in most death-penalty states despite a 1986
Supreme Court ruling that execution of the insane
violates a ban on “cruel and unusual punishment”
set out in the Eighth Amendment of the U.S. Consti-
tution. The 24-year-old ruling did not mandate pro-
cedures for states to follow to determine a person’s
legal sanity.
The death penalty was eliminated for men-
tally retarded defendants and defendants who com-
mit capital crimes under the age of 18 as a result of
U.S. Supreme Court rulings issued in 2002 and 2005
respectively. Ernie Lewis with the Kentucky Asso-
ciation of Criminal Defense Lawyers explained that
mental limitations of the two groups made them less
culpable in the eyes of the Court.
House Minority Floor Leader Jeff Hoover,
R-Jamestown, questioned language in HB 16 that
states a mental disorder that is “manifested primarily
by repeated criminal conduct or attributable solely to
the acute effects of voluntary use of alcohol or other
drugs” would not, by itself, indicate the person has
severe mental illness. Hoover said the definition of
severely mentally ill in the bill would prevent some-
one from voluntarily using alcohol or other drugs,
thereby allowing mentally ill persons to claim sub-
stance abuse was the cause of their disorder.
HB 16 would define a severely mentally ill de-
fendant as someone who at the time of their crime
“had a severe mental disorder or disability that sig-
nificantly impaired his or her capacity to appreciate
the nature, consequences or wrongfulness or his or
her conduct, exercise rational judgment in relation
to conduct, or conform his or her conduct to the re-
quirements of the law...”.
Lewis said HB 16 would have addressed intoxi-
Continued on page 2
Lawmakers consider challenges confronting airport industry
by Rob Weber
LRC Public Information
The importance of airports to the state’s econ-
omy was highlighted as lawmakers heard testimony
during an August 17 meeting on the issues and chal-
lenges facing the air services industry.
Although air travel has been down nationwide
in recent years, the industry is still an important part
of Kentucky’s economic engine and efforts to recruit
new businesses to the state, lawmakers were told
during a joint meeting of the Economic Develop-
ment and Tourism Committee and the Program Re-
view and Investigations Committee.
Aviation-related employment makes up 5 per-
cent of Kentucky’s jobs and represents 5.3 percent
of the state’s gross domestic product, said Northern
Kentucky Chamber of Commerce President Steve
Stevens, who was joined at the meeting by the heads
of Kentucky’s three largest airports.
“The presence of top notch air service is criti-
cal to economic development,” Stevens said. “In this
fast-paced economy, businesses rely on the ability
to easily move from place to place. ... Businesses
Aviation-related
employment
makes up
5 percent
of Kentucky’s
jobs and
represents 5.3
percent
of the state’s
gross domestic
product.
consider air service a top factor
in determining where they will
locate.”
John C. Mok, chief execu-
tive officer of the Cincinnati/
Northern Kentucky Interna-
tional Airport, said providing
direct, transatlantic flights is
a key to keeping international
companies in Kentucky and
Continued on page 2
THE KENTUCKY GENERAL ASSEMBLY
Airports,
from page 1
luring new ones to the state. With the
number of such flights out of his air-
port dropping from five to one last
year, restoring lost international ser-
vice is a top priority, he said.
“The number of European firms
operating in our region has tripled to
over 300 since 1987, when (the Cin-
cinnati/Northern Kentucky Interna-
tional Airport) began offering nonstop
transatlantic service,” Mok said. “With
the loss of four European non-stop
destinations in 2009, our businesses
now have one direct, non-stop, trans-
atlantic flight (to Paris)... If we want
to retain these international companies
and attract new ones, direct transoce-
anic service is critical.”
Communities such as Pittsburgh,
Portland and San Diego have spent
millions in air service incentive funds
to secure or retain international ser-
vice. Kentucky should also take a look
Death penalty,
from page 1
cation of a mentally ill person during
mitigation.
As far as competency to stand
trial is concerned, Williams said there
is a difference between competency to
stand trial and criminal responsibility.
A person’s competency can ebb and
flow, while criminal responsibility, he
said, is “stuck in time.” That segued
into a comment made by Chris Cohron
of the Kentucky Commonwealth At-
torneys Association who said state
law already exempts legally insane in-
dividuals from the death penalty.
“I’m not aware of any prisoner
under a death sentence (in Kentucky)
who has been found guilty but men-
tally ill,” Cohron said.
But Lewis, in response to another
comment, said the behavior of a de-
fendant at the time of the crime is what
matters under the Eighth Amendment
and would matter under HB 16.
“Do they meet insanity (stan-
dards) or significant mental illness
impairment (as defined in HB 16)?”
asked Lewis. Currently in Kentucky,
Lewis said there is a “major gap” be-
tween the court’s treatment of a person
on trial for a capital crime who is not
insane but who is impaired to such a
degree that the person lacks the capac-
ity to determine the impact of his or
her behavior.
at tools that could ensure the state’s air
service industry is on a level playing
field, Mok said.
“An investment program is not a
handout — it is an economic develop-
ment tool like that is offered in other
industries to increase Kentucky’s
competitiveness in the global market-
place,” he said.
Eric Frankl, executive director
of Lexington Bluegrass Airport, said
it’s not uncommon for states to imple-
ment air service grants. He noted that
Kansas studied the impact of low fares
“and now budgets for these type of in-
centives because they believe that for
an annual investment of $5 million,
the citizens of Wichita would save
over $40 million because of lower air
fares. As a result, air service would
not only be enhanced for the consum-
ers but also for the benefit of existing
companies and potential future com-
panies that are located in that commu-
nity and state.”
Frankl quoted a recent posting
on an air services blog by William S.
Swelbar, a research engineer in the
Massachusetts Institute of Tech-
nology’s International Center for Air
Transportation: “Communities fund
sports stadiums to attract teams and
tax breaks for large companies to en-
tice them to their area, all in the name
of economic impact. Why shouldn’t
air service be the same?”
The challenges facing the airline
industry have made it increasingly
difficult for airports to retain services
and attract new ones, said Charles T.
“Skip” Miller, executive director of
Louisville International Airport.
“Many communities clearly see
the need for additional tools to help
airports successfully compete for pas-
senger air service and the airlines’
ever-shrinking scarce resources,” he
said.
None of the airport heads speci-
fied exactly what type of incentive
program they wanted lawmakers to
consider. But they wanted to start the
discussion on the issue, they said.
Senate President Pro Tempore
Katie Stine said she was pleased that
lawmakers had an opportunity to be
part of the solution to the challenges
facing Kentucky’s air services indus-
try.
“These are very important issues,
and — in particular from the Northern
Kentucky perspective — we’re very
Senate President Pro Tempore Katie Kratz Stine, R-Southgate, comments during the Aug. 17 meeting
of the Interim Joint Committee on Economic Development and Tourism.
concerned and want to make sure the
Northern Kentucky and Cincinnati air-
port is as strong and vibrant as it can
be because it is an economic engine
for our region,” said Stine, R-South-
gate. “But we also recognize that air-
ports across our commonwealth are
important.”
Nominations now accepted for
2010 Vic Hellard Jr. Award
The Kentucky Legislative Research Com-
mission is now accepting nominations for the
2010 Vic Hellard Jr. Award.
The award, given annually in memory and
recognition of Mr. Hellard’s contributions to an
independent legislative institution and devoted
service to the Commonwealth, recognizes a per-
son who has advanced the interests of citizens of
the Commonwealth by example and leadership.
Letters of nomination should be submitted
by Sept. 30, 2010 and should explain how the
candidate: 1) Demonstrates vision,
Vic Hellard Jr.
considering the long-term implications for the public
good; 2) Demonstrates innovation, finding new
approaches while appreciating history; 3) Champions the equality and dignity
of all; 4) Enhances the processes of a democratic society, promoting public dia-
logue, educating citizens and decision makers, and fostering civic engagement,
and; 5) Approaches work with commitment, caring, gererosity and humor.
Please submit nominations to: Hellard Award Selection Committee, Leg-
islative Research Commission, Attn: Anita Muckelroy, 702 Capitol Avenue,
Room 003, Frankfort, KY 40601, or online at www.Irc.ky.gov/HellardAward.
htm.
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2010 Interim LEGISLATIVE RECORD
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