Kammerer, Gladys M.

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University of Kentucky

Kentucky Law JournalVolume 42 | Issue 2 Article 41953Issues Before the 1954 Kentucky LegislatureGladys M. KammererUniversity of KentuckyFollow this and additional works at: https://uknowledge.uky.edu/kljPart of the Legislation Commons, and the State and Local Government Law CommonsRight click to open a feedback form in a new tab to let us know how this document benefitsyou.This Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journalby an authorized editor of UKnowledge. For more information, please contact UKnowledge@lsv.uky.edu.Recommended CitationKammerer, Gladys M. (1953) "Issues Before the 1954 Kentucky Legislature," Kentucky Law Journal: Vol. 42 : Iss. 2 , Article 4.Available at: https://uknowledge.uky.edu/klj/vol42/iss2/4Issues Before the 1954 Kentucky LegislatureBy GLADYS M. KAMMERER*The 1954 Kentucky General Assembly will not be able tocoast along with consideration of minor state problems, as hasit has usually done in the second legislative session of a governor'sterm. Normally a governor's program is presented to his first legis-lative session, and the second session is devoted primarily to mat-ters of less pressing importance initiated primarily by individuallegislators themselves. This year the story is different because theadministration itself is faced with a critical fiscal problem and amajor responsibility arising from a constitutional reform. Someunfinished business to which the governor was committed is alsoinherited from the 1952 session.The number one problem facing Kentucky legislators is thediscovery of new sources of state revenue to replace declining taxreceipts and to meet increasing state financial obligations. Eversince the fall quarter of 1952 state tax receipts in certain categorieshave fallen below the estimates presented to th 1952 legislature asa basis for its appropriations for the 1952-54 state budget. Firstthe whiskey tax and the corporation income tax, then personal in-come tax receipts, fell below anticipated yields. Last year thegovernor at first tried the expedient of a "job freeze," or, in otherwords, an order to agency heads not to fill vacant positions exceptunder extraordinary circumstances. When this measure failed tobring expenditures down to revenue, he called a series of confer-ences with his cabinet and all agency heads, and an "across-the-board" cut of $5,000,000 in general fund expenditures wasordered. The only functions excepted from this cut were the percapita state, school fund and public assistance grants. At least$5,000,000 more per annum in revenues must be provided to bringthe state budget back to the level appropriated in 1952.The state of Kentucky, however, is faced with a moral obliga-tion to increase the state school fund over the 1952 level if it toestablish any effective minimum standards of public education.The voters in November, 1953, overwhelmingly adopted a con-* Associate Professor of Political Science, University of Kentucky.THE 1954 LEcisLArurstitutional amendment to Section 186 of the state constitutionfreeing the legislature to adopt a new set of formulas for distribu-tion of the state school fund. The campaign for that amendmentnot only revealed inadequacies and disparities in state support,especially for the poorer school districts, but it evoked a promisefrom the governor that no school district would receive any lessthan it had received in 1952-54. If the poorer districts are toreceive more state aid, additional sources of revenue must befound for this biennium.Where are the sources of revenue to be found by legislators inthis session? The administration has refused to advocate a salestax, the only measure which would bring in revenues sufficient tomeet state needs in all fields at all adequately. But one representa-tive from Fayette County placed his constituents on notice that hewould present to the House of Representatives a retail sales taxbill exempting only food sales from such a tax. His proposal wouldprovide for repeal of the personal income tax and earmark salestax revenues for education and public assistance. Although thismeasure can be expected to draw some support in the legislature,it would seem unlikely to evoke sufficient support to assure passagewithout strong administration backing. Organized labor has re-peatedly stated its opposition to a sales tax. The state RevenueDepartment instead has been reported to favor a "pay-as-you-go"system of collecting the state income tax by means of a withholdingprocedure administered by employers. It is almost impossible toestimate accurately how much more may be collected by the statethrough this procedure. The high level of the federal income taxmakes it unlikely that the Revenue Department would push aplan to eliminate the federal exemption, a proposal with which ithas "flirted" from time to time. Such a proposal would un-doubtedly meet a cool reception from those legislators opposed toany increase in state income tax rates, for opponents would in-terpret this kind of proposal as an increase. Any increases in rateson beer, wines, tobacco, or other selected sales taxes or in the pari-mutual tax rate would fail individually to yield the sums neededand, if proposed collectively, would align a number of strongpressure groups together to oppose all of them. State ownershipand operation of liquor stores, advocated by some in 1952 as adiversionary tactic to defeat the possibility of increased selectiveKENTUcKY LAW JouRNALsales taxes, would appear to involve both great initial cost to thestate and serious constitutional objections at this time. No statewhich failed to institute such a plan at the time of repeal ofProhibition, has later instituted a state liquor monopoly.At this writing it would appear that a withholding system ofcollection for the state income tax might have the best chance ofpassage in the 1954 session among all the proposals likely to beintroduced to bring in additional revenues to the general fund.It is entirely possible that the General Assembly may vote toauthorize a broad study of the entire state revenue system, notoverhauled since 1936, to report recommendations for any majorrevenue changes to the 1956 session.The proposal of a minimum foundation program for publiceducation is the second major item on the 1954 legislative agenda.During the past biennium over five thousand citizens of Kentuckyparticipated through local school district committees set up by anadvisory committee on education under the Legislative ResearchCommission in a study of state school needs. The advisory com-mittee's recommendations made in October, 1953, have beencritically analyzed by the staff of the Legislative Research Com-mission. The task of presenting to the legislature a defensible setof foundation program formulas based both upon actual presentconditions in Kentucky public schools and attainable desirablestandards for future development is by no means inconsiderable.All informed persons, both lay and professional, in the field ofeducation agree that the classroom unit should constitute themeasure around which a minimum foundation program shouldbe built. But there is disagreement as to such standards as numberof pupils per teacher, number of specialized units, proportion ofadministrative costs, teacher salaries relative to training, and trans-portation services. Yet the adoption of a new system for the dis-tribution of the state school fund is dependent upon the adoptionof minimum standards possible of attainment gradually through-out Kentucky. The responsibility to Kentucky voters by the Gen-eral Assembly for the enactment of a rational modern program ofstandards for the distribution of the state school fund is inescap-able and is one of the most serious burdens it must carry from thissession hence.Local property assessment is closely related to the school funda-tion program, for inequities in the local tax burden have been asTHE 1954 LEGISLAT REgreat as disparities in local school standards. The net effect of theeducation advisory committee's recommendations would havebeen to shift much of the local fiscal responsibility for schools tothe state, a premise by no means acceptable to the wealthier schooldistricts which provide the major proportion of state revenues aswell as of their own school funds. The 1949 re-assessment legisla-tion did not go far enough in bringing about improved localassessments. The advisory committee's proposals, however, wouldpermit a local tax effort considerably below the 1952-53 local con-tribution to school financing. The great need the legislature mustface is to adopt an assessment program which will stimulate maxi-mum local tax effort to which the state contribution will be sup-plementary to underwrite a possible foundation program. Thelegislature must cope with ways and means of reducing disparitiesin local tax effort and thus keep the state's contribution to schoolfinancing within the realm of realizable state revenues and bal-anced with competing essential functions of state government.Another important area of legislation in which the administra-tion must play a major part is regulation of strip mining. Billson this subject failed in 1950 and 1952. The governor has com-mitted himself to leadership in this reform, but the provisions ofthe bills are not determined at this writing. Another administra-tion-sponsored conservation measure will be adherence to aregional compact on forests and fire protection which has beensponsored by the Council of State Governments and in the draft-ing of which the Kentucky Conservation Department has playedan active part.Trucking interests have indicated that they will seek to raisehighway load limits as they succeeded in doing in Tennessee lastyear. The lines have already been drawn between the railroadsand truck companies on the question for an all-out battle thisyear. It is entirely possible that a compromise measure may bepassed which would increase state revenue on trucks through ton-mile taxes in return for raising the weight limits. In the same fieldof highways legislation, an enabling act to extend the possibilitiesfor the building of toll roads, amending the 1952 act, seems certainto be passed.A presidential primary system for Kentucky and permission topolitical parties to elect precinct committee officers in the sameKENTUCKY LAW JOURNALprimary election will constitute another new field of legislationto be considered. Interest has been revived in a number of statesfor a presidential primary ever since the 1952 presidential con-ventions.Once again a merit system for state employees will be coveredin a bill, but administration antagonism toward this measure astoward similar bills in previous sessions and general acceptanceof the spoils system concept by Kentucky legislators undoubtedlydoom this proposal. The administration has indicated that it willpropose creation of a retirement system for state employees.In the field of judicial reform the Judicial Council has recom-mended some fundamental reforms in the jury system coveringboth the personnel of juries and the extension of the grand-juryterm. These proposals were adopted by the Judicial Conference,and undoubtedly will be accepted in toto by the legislature. Inaddition, a retirement system for circuit judges will be presentedto legislators with a better chance of passage this year than in 1952because it would be a contributory pension system as far as thejudges are concerned. The Constitution Review Commission willprobably offer a constitutional amendment to eliminate the feebasis for compensation of all types of prosecuting attorneys andsubstitute a salaried system of compensation. Instead of re-sub-mitting its 1952 proposal to permit the legislature to reorganizethe court system, the Commission will devote extensive study tothis broad subject and to the legislative branch in preparation forthe 1956 legislative session.Constitutional amendments will probably be proposed con-cerning lifting of the sixty-day limit on legislative sessions, suf-frage for eighteen year olds, and other subjects previously intro-duced. One amendment may be dropped into the hopper to pro-vide a system for selection of the state superintendent of publicinstruction by a method other than popular election. Althoughhis office was included in the short ballot amendment rejected bythe voters in 1953, it could be covered in a new amendment withdifferent provisions in this session. The Constitution ReviewCommission, it appears, will offer an amendment to permit thegovernor and lieutenant governor to run for a second term ofoffice.The 1952 session created study committees advisory to theLegislative Research Commission to recommend needed legislativeTE 1954 LEcIsLATturEchanges in the fields of medical education in the state, services tochildren handicapped by cerebral palsy, and methods of copingwith the problem of alcoholism. Some of their recommendationsmay pass, but it is safe to say that declining state revenues mayshunt adoption of some of these programs to future sessions.The Southern Regional compact on education, to which Ken-tucky adhered by legislative approval in 1950 may be expanded asfar as this state's participation is concerned by an increased ap-propriation. To date the field in which Kentucky takes advantageof regional facilities is veterinary medicine. Medical education it-self may be a field in which state participation is proposed in lieuof the more costly program of a state medical college.On the matter of time, once again a bill will be introduced toplace all of Kentucky from Louisville east under Eastern Standardtime or to request such rebounding of the time zones by the Inter-state Commerce Commission. Once again Farm Bureau Federationopposition to time changes will precipitate a lively fight over thetime issue. Another bill which may stir the interest of farmers isthe so-called "dog law," which may stand a better chance of passagein modified form because of a recent tragic death of a child inLouisville from rabies and the disclosure that Kentucky furnishedsix of twenty-one deaths in the nation in 1953 from rabies.An equally intense struggle will be waged by organized laboragainst the Associated Industries of Kentucky bill to outlaw unionshop agreements in this state, labelled as a "right to work" bill.The lines have already been drawn on this measure, and an at-tempt may be made by A.I.K. to align the farmers or some othereconomic group with it against labor.The legislature can at any time re-district itself. Census figuresfrom 1950 reveal the need for reapportionment and redistrictingin this state. The 1952 General Assembly, however, neglected thissubject, but it is possible that re-districting proposals may be madethis year by legislators from presently under-represented areas.The 1954 General Assembly is being presented with some ofthe most difficult problems in recent Kentucky history. It has anunusual opportunity to demonstrate by bold and statesmanlikesolutions to these problems the strength of representative govern-ment and thereby to catapult some new leaders into the 1955gubernatorial race. The arena is wide open for intelligent,courageous action.

Issues Before the 1954 Kentucky Legislature

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Issues Before the 1954 Kentucky Legislature

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