Higdon: General Assembly set to return to Frankfort next Tuesday, April 14th

By JIMMY HIGDON
14th District State Senator

Friday, April 10, 2020 — I hope everyone remains healthy and safe as we all continue to work together, doing our part to get through the COVID-19 pandemic. There is little news to report to you this week for my legislative update; but as your State Senator, I feel that it is important that I continue to communicate with you and make sure you are aware of important updates, and, those things to come regarding the final days of the 2020 legislative session of the Kentucky General Assembly.

In relation to the COVID-19 pandemic, the Governor continues to exercise his authority under the Constitution of Kentucky. Similarly, we in the General Assembly are doing the same.

Briefly, I want to let you know that the General Assembly is now back in session next week in what will be the closing days of the session (April 14 and 15). The primary purpose of the return to Frankfort is to pass additional legislation that is now qualified for final passage, and, in respect to the authority granted to the legislature in the Constitution of Kentucky, give consideration to the override of gubernatorial vetoes.

The legislative process is a respectable one. It requires deliberation, debate, and compromise from all parties, elected members, stakeholders, constituents, and more. Part of that process includes the Governor’s Constitutional authority to veto legislation passed by the General Assembly that he may disagree with. However, the General Assembly has consideration of an override of the Governor’s veto.

The Governor (as of the drafting of this legislative update) has vetoed five bills. They were Senate Bills (SB) 2 and 5, and House Bills (HB) 150, 195, and 336. SB 2 is the voter ID bill, and SB 5 is a bill related to the fees and taxation of special purpose governmental entities. HB 150 is a bill regarding what constitutes interpretation of state law, HB 195 would allow counties with populations over 80,000 to post advertisements online in lieu of in the newspaper, and HB 336 relates to a gubernatorial candidates selection of their Lieutenant Governor running mate. You can find more details on these bills by visiting legislature.ky.gov, clicking “Bills” at the top of the page, selecting “2020 Regular Session” and then finding the bills listed under “Vetoed” which is on the right side of the page under “passed process”.

Our continued collective response to the COVID-19 pandemic continues to be the dominating topic in our lives. We have all had a lot of information coming at us in recent weeks and it can be difficult to keep up. The most important things to remember are that we should remain at home to the greatest extent possible. In recent updates, I’ve shared with you resources that can assist you if you have been negatively affected. Please refer to those resources if you are in need of assistance.

Much of our state’s activity has been driven by the actions taken by the Governor, as he serves as the chief executive of the state. You are probably familiar with his daily COVID-19 briefings and those of the President. What you may not know are the details of the Governor’s Executive Orders (EOs).

For a little context and historical background, within the executive branch’s Department of Military Affairs is the Division of Emergency Management, which is established in Kentucky Revised Statutes (KRS) 39 A. KRS 39 A-F relates to the Governor’s ability to declare a state of emergency and the execution of that state of emergency to protect the well-being of Kentuckians. Specifically, KRS 39A.100 relates to some of the authority that is granted to the Governor during a state of emergency.

With that in mind, in early March, the Governor declared a state of emergency in Kentucky due to the spread of COVID-19, EO 2020-215. That declaration activated the Division of Emergency Management and other aspects of the Department of Military Affairs. It also allows the Adjutant General to activate the Kentucky National Guard and provides the state’s Department for Public Health and the Kentucky Office of Homeland Security the authority necessary to meet the needs of the state and disseminate information regarding the pandemic to the public.

The declaration of the state of emergency has allowed for the issuance of further executive orders. An order issued shortly after the state of emergency was one relating to insurance. EO 2020-220 grants the Kentucky Department of Insurance the ability to be flexible with state regulations regarding insurance. It waived co-payments, deductibles, and screenings and testings related to the virus and ensures that provider networks are adequate to respond. It also makes requirements of insurers and aids in allowing prescriptions.

As you may have seen, our Attorney General, Daniel Cameron, has been doing a stellar job in stopping scammers and price gougers who have sought to take advantage of people during this pandemic. The Governor’s EO 2020-216 addressed price gouging by prohibiting grossly excessive prices beyond what the price of groceries, medical supplies, gasoline, building materials, etc were prior to the declaration of an emergency. It also required the Division of Emergency Management to provide information related to price gouging to the public. The deadline of this executive order was extended by EO 2020-268.

In my previous legislative update I gave you information on the Kentucky Education and Workforce Development Cabinet’s efforts to respond to unemployment claims. Thousands of claims are being filed each week and the cabinet is working diligently to review each. The Governor’s EO 2020-235 has provided the cabinet with flexibility on this front by allowing
them to give discretion in relation to people’s ability to work during this extraordinary time. It also waives the 7-day waiting period for unemployment claims.

The most notable orders issued by the Governor have been those related to non-essential businesses, social distancing, and out of state travel. EO 2020-243 required all state agencies to enact policies in line with the Center for Disease Control and Prevention’s social distancing recommendations. That EO encourages Kentuckians to do the same. EO 2020-246 and 2020-257 required all “non-life sustaining” businesses to close and identify those that are important to ensuring Kentuckians can remain “Healthy at Home.” Buildings on these, the Governor most recently issued EO 2020-275 that limits one adult family member per household into a retail store at a time; but makes exceptions for minors and adults who require care from others. Finally, EO 2020-258 instructs Kentucky residents to only travel out of state in cases required for employment, to get medical supplies or groceries, or to seek healthcare from a licensed medical professional. That EO asks Kentuckians who travel outside of the state to self-quarantine for 14 days after arrival back home.

While the aforementioned EO’s related to things people should not do, there have been orders that have been more proactive in response to COVID-19.

For instance, EO 2020-253 establishes a state fund intended to assist those who are directly affected by COVID-19 through both private and public means. Furthermore, EO 2020-65 and 266 allow for those retired from the Kentucky Employee Retirement System to be reemployed to help meet needs during this time. That includes retired law enforcement, emergency medical services personnel and more.

The Governor has also issued an executive order that has conditionally released 186 non-violent, non-sexual Class C and Class D felons who have qualified for early release. These are individuals who have also been identified as vulnerable to COVID-19. They must have an established home to self-quarantine in and have strict requirements they must meet to secure an early release.

I hope that this information provides insight on the latest developments in our state. It is likely that by the time this legislative update is published, there will have been additional orders issued by the Governor, but as you can see, both the legislative and executive branch continue to fulfill their duties under the Constitution of Kentucky. Though there is uncertainty in our lives, it is important that we remain committed to the values that make our state and country so special.

I know that we will pull through this by helping each other, working together, and praying for our families, community, state, and country.

I want to remind you that it is currently time to complete your 2020 Census. Myself and my family have completed ours and we challenge you to do the same. Due to COVID-19, our economy has truly taken a hit; but while we are home, we have an opportunity to complete our Census and in part do our due diligence to better our community.

There are countless dollars tied to achieving an accurate Census count. For example, knowing how many students are in our counties determines how much money is received for the school lunch program and so much more. Please go online now to 2020Census.gov and complete your Census form. By doing so you are placing our community in a better situation than we would otherwise be in if you didn’t.

Thank you for your attention. Please continue to rely on your local paywall-free online news websites and broadcast radio stations for the latest information and updates on the COVID-19 pandemic. You will find no better source of local information than these sources.

God bless each of you. Stay safe. Please reach out to me if I can be of assistance (270) 692-6945.

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