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Kentucky General Assembly wraps up 153rd Regular Session

By SEN. JIMMY HIGDON
14th District State Senator

Monday, April 1, 2019 — After 30 productive legislative days in Frankfort, the Kentucky General Assembly is bidding farewell to the 153rd Regular Session.

In this final week, the General Assembly saw the ceremonial signing of Senate Bill 1, the pivotal bipartisan measure to enhance school safety. Also known as the School Safety and Resiliency Act, SB 1 was widely considered as the highest-legislative priority of the 2019 Regular Session by both the House and the Senate. While no legislation is perfect, when it concerns the well-being of our students, inaction is not an option. This collaborative legislation is a step in the right direction, and I look forward to addressing these school safety provisions further in the 2020 budget session.

SEN. JIMMY HIGDON

Discussion on pension reform was a priority this week. With the passage of with the passage of House Bill 358, the Senate acted to help Kentucky’s regional universities and “quasi-governmental” agencies, like health departments and mental health boards, that have struggled to meet their employer pension contributions.

This measure would allow our schools and other agencies to stop participating in the Kentucky Employees Retirement System (KERS) by July of next year. Employees of the exiting groups hired before 2014 could keep their pensions or join a defined contribution plan. All employees hired after 2014 would be required to join the defined contribution plan, similar to a 401(k) retirement plan.

In addition to House Bill 358, the Senate approved a number of bills that will become law upon the governor’s signature, including:

House Bill 11 would ban the use of tobacco and e-cigarettes, such as vaping devices, on public school campuses, in school vehicles and at school activities beginning with the 2020-’21 school year.

With only 42 percent of Kentucky school districts being 100 percent tobacco free, this legislation would provide a healthier learning environment for our students, and help promote a tobacco free lifestyle.

Senate Bill 18 would address pregnancy-related discrimination by clarifying employers’ responsibilities when it comes to making reasonable accommodations for pregnant employees.

SB 18 would do this by clearly outlining in statute what constitutes reasonable accommodations and explaining the proper procedures for the employment of pregnant women. Another provision states SB 18 would apply only to businesses with 15 employees or more.

Senate Bill 162 is designed to increase the pool of qualified applicants to be school resource officers. SB 162 would do this, in part, by creating the Kentucky State Police school resource officer program.

House Bill 458 would address changes in Kentucky’s tax code that were embodied in House Bill 354 that was signed by the governor earlier this week

It would address deferred tax deductions and net operating losses incurred under the unitary reporting requirements that were passed last session. It would also make sure financial organizations established as “thrifts” in Kentucky would get the same tax relief banks will receive under House Bill 354, a measure that passed earlier in the session. And HB 458 will clarify that local deposit taxes on banks can continue to be levied.

The Kentucky constitution vests authority in the Kentucky State Senate for confirmation of certain appointees made to specified boards and commissions made by the chief executive of the Commonwealth, Kentucky’s governor. Currently, the Senate has confirmation authority over 26 different boards, along with nine regional universities, the University of Kentucky and the University of Louisville boards of trustees. These boards cover areas ranging from mine safety, probation and parole, agriculture, education, transportation, as well as regulatory authority of the state utilities.

Each of the boards has different statutory requirements, and along with specific qualifications for board positions, many require that the entire board makeup be considered to make sure that any requirements regarding balance related to gender, ethnicity, and in some cases, political party affiliation, be reviewed.

This year, the Senate finally considered 54 appointees (though prior to the final vote, there may have been appointees whose names were withdrawn or who resigned when conflicts or issues were discovered that prevented that person from meeting statutory requirements for that particular board.) All background checks were completed on each appointee and all of the individuals presented for appointment or re-appointment passed those background checks and met the statutory and constitutional requirements.

Upon final vote, all 54 appointees were approved to continue serving on these boards until his or her term expires.

While the 30-working day session concluded shortly before midnight Thursday, the work in Frankfort continues. To provide a continuity of study and action between sessions, interim joint committees are formed to discuss issues in-depth for the 2020 Regular Session.

My next legislative update will be a big-picture summary of notable legislative accomplishments made by the 2019 General Assembly this session.

It is an honor to represent you in Frankfort, and I look forward to continued discussion on a number of issues facing our district and the Commonwealth.

If you have any questions or comments about these issues or any other public policy issue, please call me toll-free at 1-800-372-7181 or e-mail me at Jimmy.Higdon@LRC.ky.gov. You can also review the Legislature’s work online at www.legislature.ky.gov.

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