Higdon update: Senate wraps up 2020 session of Kentucky General Assembly

By JIMMY HIGDON
14th District State Senator

Saturday, April 18, 2020 — The historic 2020 Session of the Kentucky General Assembly came to a conclusion this past Wednesday. It is a session that will not soon be forgotten due to the unprecedented impact of the COVID-19 pandemic.

I am proud of the General Assembly for remaining persistent and fulfilling our obligations to the people who have entrusted us to be policymakers. I am even more proud and grateful to the incredible staff who allowed it all to happen all while meeting the safety precautions recommended by the Centers for Disease Control and Prevention (CDC).

The Senate bid farewell to several incredible members of the chamber this week, as four have chosen to retire or not seek re-election to their seats. They are Senators Ernie Harris, Stan Humphries, former governor Julian Carroll, and Perry Clark.

The Senate will miss these great men in various ways. From Gov. Carroll’s vast experience as a public servant to Sen. Humphries’ incredible sense of humor, we will miss these men greatly.

While we may not each represent the same political party, we each do share in common the responsibility of representing our constituents and caring about the betterment of our communities and state. Sen. Harris and Sen. Humphries and I serve in the same caucus, and it has been a pleasure to serve alongside them. Sen. Harris has served for many years and played a significant role in shaping the Senate. I serve as Vice-Chairman on the Senate Transportation Committee in which he has served as Chairman. I am grateful for his friendship and the years I have been blessed to share the same suite with him.

I and the entire Senate take solace in knowing that, while they will spend less time with us, they will spend more time with their families. I wish them all the best and look forward to our continued friendship in the years to come.

The highlight of the week included the further exercise of the legislature’s constitutional authority. Just as the governor exercised his authority to veto legislation, the General Assembly considered and overrode his vetoes this past week. Veto overrides included the governor’s line-item vetoes of the state revenue and budget bills as well as:

HOUSE BILL 195: Allow local governments to post required advertisements on an official website in lieu of publishing them in their local newspaper, so long as certain requirements and procedures are followed. This bill only applies to counties with populations over 80,000.

HOUSE BILL 150: Clarifies that any restatements of the law in scholarly articles, legal treatise, or explanatory text shall not constitute the law or public policy of the Commonwealth of Kentucky. This bill will ensure that the intent of duly passed state law is not reinterpreted by those outside branches of government who attempt to determine what the law is. The court can still be used in evaluating law that applies to a case.

HOUSE BILL 336: Allows the Governor to choose his or her Lieutenant Governor after the primary election; Sets deadline to choose of second Tuesday of August following the regular election. The bill will also allow the Governor to replace the candidate for lieutenant governor in the event a vacancy resulting from the lieutenant governor candidate’s death, disqualification to hold the office, or a severely disabling condition arising after the slate formed a campaign committee. Finally, the bill would require the Secretary of State to certify the vacancy occurred as a result of the above before the candidate for governor can move forward with the replacement.

SENATE BILL 2: The voter ID. The bill sponsor along with the Secretary of State worked hard to accommodate the concerns of those in opposition to this bill. The final product is a bill that provides a free ID to those in need of one, as well as broad options for those who may not have a photo ID. Those without one would be able to verify their eligibility to vote by signing an affidavit and providing their social security card, an out-of-date license, food stamp/SNAP cards, a student ID, Employee ID, and more. This bill does not go into effect until 90 days after the session concludes so it has no influence over the currently scheduled June primary elections.

SENATE BILL 5: Requires proposals levied by Special Purpose Governmental Entities (SPGE’s) to be submitted in writing to their local establishing entity (Fiscal Court, City Council) for consideration and official action. The bill allows for fee and tax increases to be vetoed by local governing bodies. Additionally, the local governing body is provided 30 days to take action.

The Senate was also able to pass pro-life bills like HB 451, which will provide the Kentucky Attorney General with oversight of facilities in Kentucky as well as the final passage of SB 9, the born alive infant protection act. Other bills include HB 32, HB 298, HB 387, HB 570 and various consent orders and resolutions. You can find the details of these bills by visiting legislature.ky.gov.

Additional COVID-19 relief measures were contained in Senate Bill 150 and Senate Bill 387. Senate Bill 150 loosens requirements for unemployment benefits and extends help to self-employed workers and others who would otherwise not be eligible.

It will also expand telemedicine options by allowing out-of-state providers to accept Kentucky patients, provide immunity for health care workers who render care or treatment in good faith during the current state of emergency, extend the state’s income tax filing deadline to July 15, address open meeting laws by allowing meetings to take place utilizing live audio or live video teleconferencing, and require the governor to declare in writing the date that the state of emergency ends.

HOUSE BILL 387 would allow the governor to declare it a “necessary government expense” to purchase protective gear for health workers and first responders and permit him to delve into unrestricted state funds, such as the rainy-day fund, to pay for them.

Additional bills that the General Assembly approved include measures on the following topics:

Addiction treatment: SENATE BILL 191 addresses certification and educational requirements for alcohol and drug counselors. The bill also directs Kentucky to establish guidelines employers can use to develop programs to help more individuals struggling with substance use disorders while maintaining employment.

Marsy’s Law: SENATE BILL 15 would enshrine certain rights for crime victims in the state constitution. Those would include the right to be notified of all court proceedings, reasonable protection from the accused, timely notice of a release or escape, and the right to full restitution. A similar proposed constitutional amendment passed the General Assembly in 2018 and was subsequently approved by voters, but the Kentucky Supreme Court ruled that the law was invalid due to unconstitutional ballot language.

Please continue to rely on your local newspapers for the latest information and updates on the COVID-19 pandemic and remain tuned into updates from our Governor and President. I assure you, you will find no better source of information than your local paper. I would like to thank the Nelson County Gazette for its commitment to running our weekly updates.

I look forward to working with the Governor to reopen our economy. We have people who want to get back to work and church. We have small business owners that want to reopen. If common sense prevails we should follow new recommendations and CDC guidelines.

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