It can’t be peaches and cream every day for a legislator.  But yesterday must have been particularly rough on Senator Damon Thayer.  Maybe he got up on the wrong side of the bed.  Maybe he was in a traffic jam.  Maybe he saw someone with a Christmas tree still up and had to fight his desire to toss it.  Whatever caused it, we don’t know, but he was particularly surly.

The State and Local Government committee heard testimony on Senate Bill 41, sponsored by Senator Steve Meredith (most notably for this discussion, the father of Bevin Deputy Counsel, Chad Meredith).  Sorting through the legalese, the bill would move much from the Attorney General’s office to the Finance Cabinet.

Predictably, Attorney General Andy Beshear spoke against the measure.  Calm and collected, he suggested this was the Governor’s office trying to usurp the authority of his office.  That’s when Thayer began his remarks.  Some might say he was passionate, some might say unhinged.  But Thayer raised his voice and scolded Beshear for not defending lawsuits and for having a campaign staffer in the audience recording his remarks.  He ended with saying Beshear owed the committee an apology (for what we are unsure) and called him a public embarrassment.

ITC talked to a Republican legislator who was present for the meeting who said the only embarrassment was Thayer’s reaction.  The legislator said they supported the bill, but saw nothing wrong with the way Beshear conducted himself.

The evening culminated for Thayer when he attended a Republican Party function, a place where you would think he would feel comfortable.  The guests evidently did not make that so.  When Thayer’s presence was announced, there was a cacophony of boos and jeers from the audience.  War is hell, but when you’re taking on friendly fire, it becomes even more hellacious.

After a day like that, ITC hopes Thayer at least got a good night’s sleep.  Sounds like he needed it!

In George Orwell’s seminal work, 1984, the Party’s official slogans are “War is Peace, Freedom is Slavery, Ignorance is Strength.”  In Frankfort, you can add “Failure is Success.”

That was demonstrated once again this week when Matt Bevin named former State Representative D.J. Johnson as his new legislative liaison.  Johnson, you will of course remember, is fresh off his 1 vote loss to Jim Glenn, which culminated in him conceding two weeks ago.  No word yet on what Johnson’s salary is, but ITC is confident it will be more than a paltry sum.

Hiring former legislators is nothing new for this administration, or any others though.  Bevin has hired or appointed a good number, including John Tilley, Tanya Pullin, Gex Williams, Katie Stine, Brad Montell, Tim Feeley, Tom Kerr and Mike Nemes.  Are we overlooking anyone else?

Frankfort is always an interesting place.  Lose an election at home?  No worries.  Just come work for the Governor or start lobbying.  You’re bound to make a fortune!

The General Assembly is taking a field trip today.  At 2:00, they will convene at the Old Capitol for what we are told are ceremonial purposes.  While we appreciate the novelty of doing so, we do wonder about the legality.

Section 36 of the Kentucky Constitution specifies: “All sessions shall be held at the seat of government, except in case of war, insurrection or pestilence, when it may, by proclamation of the Governor, assemble, for the time being, elsewhere.”

The key phrase in this is, of course, seat of government.  We were unable to find it defined in Kentucky law, but Brewer’s Politics defines it as, “the building, complex of buildings or the city from which a government exercises its authority.”

We suspect legislative attorneys would submit that since the Old Capitol is in the same city, everything will be fine.  However, we wonder if Andy Beshear and/or the Kentucky Supreme Court would agree.  The way we see it, this is definitely a good letter-of-the-law vs. spirit-of-the-law debate.

Even if it is legal to meet at the Old Capitol, will open meetings laws come into play?  Will gallery passes be issued to the public?  Will KET be televising the session?  Will absent legislators be paid?  Will vote histories be made public since the computer systems will not be there?

Lastly, even if everything is deemed legal and appropriate, will this set a precedent?  Would city councils and county fiscal courts be able to meet outside of their city halls and courthouses?  That precedent could create interesting strategies.  Got a controversial ordinance coming up and you don’t want public outcry?  Shoot, just move your meeting to another building with a smaller room!

The 2019 session of the Kentucky General Assembly has already conjured up images among many of the immortal Jackie Gleason, who famously said “What in the Hell is the World Coming To?”     One has to wonder if Gleason were viewing the 2019 legislature, would he say the same thing.   Just consider the bills currently being considered in Frankfort…

A bill outlawing sexual contact with horses (first we knew this was a problem);  a bill legalizing marijuana for medicinal purposes;  another bill making marijuana possession a prepayable fine, just like a routine speeding ticket;  a bill allowing any person to carry a concealed weapon at any time, without any background information or permit or even basic firearms training as is now required for concealed carry permits;  a bill to allow persons to carry concealed weapons on university campuses;  a bill that says if the United States Supreme Court ever in the future outlaws Roe vs. Wade, in whole or in part, then this will be the law of the Commonwealth (ITC is like most Kentuckians, we support the overturning of Roe vs. Wade.  But if this procedure is used, what is next bill that gazes in the possible future…..when pigs fly, this so and so will be the law??)  And the list of craziness could go on….

If only Roscoe P. Coletrain could drive thru Kentucky, chasing Smokey and the Bandit, he might pause, take note of the unusual, out of the ordinary, and just down right radical bills in Frankfort, and utter those famous words yet again….What in the Hell is Frankfort Coming To?

The May 2019 Primary is less than three months away.   One of the most interesting races ITC hears about is the Democratic primary for Governor.    Attorney General Andy Beshear, former State Auditor Adam Edelen, and longtime legislator Rocky Adkins are locked in a three way battle.    The Beshear campaign went to great lengths last week to distribute the results of recent polling which show Beshear at 55% of likely Democratic voters, Adkins at 17%, and Edelen at 7%.

ITC is not surprised by the Edelen numbers.   Edelen, who interestingly served as Chief of Staff to former Governor Steve Beshear (Andy’s father), lost in 2015 for re-election to State Auditor by an underfunded, less known, and arguably, less qualified Republican named Mike Harmon. Edelen not only lost, he got humiliated by Harmon.   ITC is not aware of much Edelen has done since then to reverse the obvious negativity from Democratic voters.

What was surprising to ITC was the margin between Beshear and Adkins, if the polling is correct.

After the polling was released, ITC talked with some Democratic legislators in the General Assembly.   ITC was surprised to hear so many of them express support for Beshear.   In fact, we were told that several Democratic House members are not supporting Adkins.    They tend to think, or at least indicated, that Beshear is the best chance to beat Matt Bevin in November.   ITC does not see any sign at this time which would lead one to believe there is any way Robert Goforth can mount a serious challenge to Bevin in the May Republican primary, although we do believe Goforth gets at least 35% to 40% of the Republican primary vote,  just from those who are anti-Bevin.

ITC believes Adkins is the best chance for Democrats to win in November.   He is from rural Kentucky, will resonate well with the middle class, is a life long Kentuckian with deep family roots and ties across the state from his more than 30 years in the legislature.   All of these qualities contrast him from Bevin and would, in our opinion, make Adkins a serious challenger to Bevin, more so than Beshear who is viewed by many as “the boy born with a golden spoon.”    That label or identity is never good in politics, just ask Jack Conway.  But if Adkins is going to mount to a serious challenge to Beshear in the Democratic primary, he needs to first convince his colleagues in the General Assembly he can win, and that he is the better choice to face Bevin in November.   Based on what we have heard recently, hat may be very difficult to do at this point.

Winners:

• The NRA – Amidst calls across the nation for tougher firearms laws, the NRA successfully persuaded the Kentucky State Senate to pass what is known as “constitutional carry.”  The legislation would allow adults to conceal carry without a permit.
•  Matt Koch – The newly elected state representative from Paris was prepared when it came time to present his first bill.  Asked to explain the infield fly rule, as is commonly done as a type of freshman hazing, Koch knew the answer and successfully explained it
• Julian Carroll – In the “Me Too” era, Julian has made it the “I Don’t Give a . . . ” era for himself.  After the now infamous audio of him propositioning a young man became public, Julian has almost embraced it.  Last year he waved at his accuser who was in the Senate gallery.  This year he co-sponsored the fairness bill before the Senate. You almost have to admire that level of chutzpah!

Losers:

• Matt Bevin – For two UK basketball games in a row now, Matt Bevin has been featured on Lexi, the large scoreboard in Rupp Arena.  Both times he has been booed about as badly as the official who blew the goaltending call in the LSU game.  That can’t bode well for him.
• Kim Moser – The Northern KY representative has been championing a bill that would eliminate tobacco use on public school campuses.  Sources tell us that she got the message in a caucus meeting this week that the bill is DOA.
• Carl Nett – The Republican candidate for Secretary of State got some bad news this week when he was informed by Alison Grimes that his nickname of “Trump” would not be allowed on the ballot.  It was an interesting gimmick for sure and one that we were curious as to how GOP primary voters would react.  As popular as Trump is in Kentucky, we still thought he would have been better off with the nickname “Nothing But.”  Oh well.

Well-placed sources are telling us that Senator (and former Governor) Julian Carroll has decided this will be his last term. Whether it’s his age or the desire to start cruising art school cafes that are leading to the decision, we were not told.

Whatever the case, evidently he has circulated the information enough that both parties are starting to salivate a bit.

Reportedly, there is dissension among Democrats of the district. Frankfort locals are pushing Rep. Derrick Graham. Old guard Democrat power brokers are wanting Rep. Joe Graviss. And the left-of-center crowd prefers Sellus Wilder, former Frankfort City Commissioner and 2016 U.S. Senate candidate.

While that primary could potentially be a crowded field, our sources tell us that Republican Senate leaders have already been having serious conversations with someone from Anderson County. While we don’t know a name for certain, ITC wonders if this is the time that Ellen Williams finally throws her hat in the ring for elected office?

Over the course of February, the Black Caucus of the House of Representatives make special speeches in honor of Black History Month.  Each time they honor a particular African-American who has left their special mark on Kentucky’s history.

Today, that typical honor took a bit of an unexpected turn.  Jeff Hoover decided to highlight the accomplishments of Lt. Governor Jenean Hampton.  ITC would note that it is painfully obvious that Hoover most likely opted to do this because he and Hampton are unexpectedly joined together now as the two Republicans in the state who probably dislike Matt Bevin more than any others.  But there is some irony in the fact that the two would be linked when one is the darling of the Tea Party movement and the other has been in the establishment wing his whole career.

With that being said, though, why wouldn’t Hampton be honored?  Even her biggest detractors in 2015 now readily admit that she has conducted herself with complete class and tried to bring real meaning to her office, despite Bevin and his administration often cutting her off at the knees.  And, while she has been reluctant to bring her race into the picture, it should go without saying that being elected to the second highest office in the state while a racial minority is no small feat.  It’s one that you would think would be celebrated by many, especially the Black Caucus.

So why is it that Reginald Meeks, Attica Scott and Jim Glenn, all members of the Black Caucus, refused to vote in support of Hoover’s resolution honoring Hampton?  We at ITC understand their politics may differ, but to ignore the political accomplishments of Kentucky’s highest ranking minority ever for political reasons seems extremely petty.

The first real week of the 2019 General Assembly is in the books. Time for some reflection.

Winners:

• Max Wise – Senator Wise shepherded through the first piece of significant legislation this year with the Senate passing the school safety bill. Of course, no one could vote no on that, but Wise did a good job with the committee and floor testimony.

• D J Johnson – Sometimes it’s possible to succeed by failing. By throwing in the towel on the election contest, Johnson was able to look like the bigger person. We’re not suggesting Jim Glenn did anything wrong, but somehow Johnson came off looking like the adult at the end. We predict these two will see a rematch at the polls in 2020.

• Matt Bevin – Bevin delivered a “nothing” speech for the State of the Commonwealth. He brought nothing new to the table. But, at the end of it, was able to go an hour without offending anyone. For Bevin, that’s a victory.

Losers:

• Ralph Alvarado – Alvarado quickly learned what it’s like to be a part of a statewide ticket that has picked battles with the media: Bevin Running Mate Ralph Alvarado Mentioned in Medicare Fraud Case Settled in 2015

• Robert Stivers, Greg Stumbo, et al – The Herald-Leader decided to expose the list of legislators with bloated pension packages. Yes, the exposure doesn’t affect their checks, but the public still doesn’t like it.

• Ray Jones – The former Senate Minority Leader and current Pike County Judge-Executive had been a leading advocate for the Enerblu company that had promised to locate in Pikeville, bringing hundreds of millions in investments and nearly 1000 jobs. With the company pulling out without ever the first Pike countian hired, it is definitely egg on his face.

Former State Representative DJ Johnson of Owensboro has ended his efforts to regain his seat this afternoon.

You may remember that Johnson fell one vote short in the November election, but requested a recount. After the House asked for a recount to be done in Daviess County, Johnson and Representative Jim Glenn tied.

We’re not sure why Johnson would end the campaign now. Perhaps he didn’t feel too good about his odds in a coin flip?