Higdon: Week 3 of legislative session sees veto overrides, new bills sent to the House

By JIMMY HIGDON
14th District State Senator

Friday, Feb. 5, 2021 — Following the General Assembly’s constitutionally required recess during a 30-day session, lawmakers returned to Frankfort on Tuesday, Feb. 2, 2021, to begin the second half of the 2021 Session.

During the recess period, the governor vetoed six priority bills that the legislature sent him. I outlined those bills in my previous legislative update. They included Senate Bills (SB) 1 and 2, and House Bills (HB) 1, 2, 3, and 5. The policy measures disapproved by the governor consist of language to implement a 30-day expiration of executive orders concerning restrictions placed on schools, businesses, and nonprofits — unless extended by the approval of the General Assembly. The same would go for executive orders that regulate political, religious, and social gatherings or impose mandatory isolation or quarantine requirements. Many of the vetoes came as no surprise. However, I am grateful to say that SB 9, the Born Alive Infant Protection Act, became enacted into law without the governor’s signature.

Fellow lawmakers and I wasted no time upon returning to Frankfort last Tuesday. The House and Senate overrode each of the vetoes mentioned above. These bills had an emergency clause, which means they became immediate law upon the General Assembly’s override of the veto and a signature from the Secretary of State. The governor filed litigation challenging HB 1 and SBs 1 and 2. A temporary injunction was placed on HB 1, enjoining it for 30 days. Challenges to these bills may end up before the Supreme Court of Kentucky.

Important legislative work continued through the recess. The budget conference committee, including members from both the House and Senate, began meeting to work out an agreed-upon budget bill. We received some excellent news from the Consensus Forecasting Group that Kentucky may have increased revenues of over $53 million next year. Economists expect the state’s budget will not be as impacted by the COVID-19 pandemic as initially thought, and one-time federal dollars greatly aided some budgetary concerns. This vital work of the budget committee will continue into the second part of the session. The same is true in determining an agreed-upon transportation budget bill. As Chairman of the Senate Transportation Committee, I will be sure to keep you informed on developments.

The Senate passed several additional bills this week, sending them to the House for consideration, including:

SB 8 — Senate priority legislation that provides exemptions to mandatory immunization requirements during an epidemic based on religious grounds or conscientiously held beliefs. If enacted into law, it would require the Cabinet for Health and Family Services to develop and make available on its website a standardized form relating to exemptions from immunization requirements.

SB 11—provides recourse for property owners to pursue legal action for intentional damages done to rental property. The bill would classify the deliberate or wanton destruction, defacement, and damage to residential rental property as criminal mischief. It also strives to provide landlords with notifications on background checks if a prospective applicant has previously been charged with causing substantial and intentional damage to rental property.

SB 21—allows originating hospitals to voluntarily transport mental health patients to a different hospital or facility upon staff authorization and a patient’s signed written agreement. It would prevent an adult or child patient who has agreed to be voluntarily transported from being released during the transport to a receiving facility. The bill would also establish that a qualified mutual health professional may provide outpatient counseling to any child who is age 16 or older.

SB 38—requires the Cabinet for Health and Family Services to implement regulations requiring health facilities to use a smoke evacuation system during any surgical procedure that is likely to produce surgical smoke. It defines “Surgical smoke” to mean the by-product resulting from tissue contact by an energy generating device. The bill’s primary intent is to protect operating room nurses and other personnel along with patients from the hazards of surgical smoke.

SB 61—establishes training standards for the staff of personal services agencies and home health agencies that serve patients with Alzheimer’s disease and other forms of dementia. If enacted into law, the bill would improve the care provided to these patients. The hope is that it would also address retention of direct-care staff by better preparing them for job duties—resulting in less stress and dissatisfaction.

Last week, I was asked to serve as the Senate Co-chair of an Aerospace/Aviation Caucus that is being established. Being Chairman of the Senate Transportation Committee, I am grateful for the opportunity to serve in this additional capacity and thank my colleagues for their trust in me.

In closing, I want to thank each of you who participated in my legislative survey. While the results are unscientific, they are as follows:

On the question of marijuana:

• 43% supported medical marijuana under the control of physicians with appropriate medical protocols
• 46% supported medical and recreational use of marijuana for persons over a certain age
• 11% indicated they want the law to remain as it currently stands

On better defining executive authority during a state of emergency:

• 44.5% supported reforms
• 48.9% opposed reforms
• 6.6% gave no response or were undecided

On the question of a constitutional amendment being proposed to voters via the next general election ballot that, if supported by a majority of voters, would legalize expanded gaming such as sports wagering, casinos, and historical horse racing:

• 75.3% supported
• 20.3% opposed
• 4.4% gave no response or were undecided

On reforming Kentucky tax code to be similar to states like Tennessee, which would lower income tax rates while increasing consumption rates:

• 38.5% supported
• 36.9% opposed
• 24.6% gave no response or were undecided

• On the banning of no-knock warrants except for in rare life-and-death situations:
• 68.1% supported
• 25.3% opposed
• 6.6% gave no response or were undecided

• On an increase in the state gas tax back to past levels:
• 42.7% supported
• 45.5% opposed
• 11.7% gave no response or were undecided

There is still much work to be done. I will continue to keep you updated and informed in the weeks ahead through these legislative updates. I want to thank those at media outlets throughout the 14th District who work diligently to keep communities aware of important stories here in the Commonwealth. It is a great honor to serve you in Frankfort.

If you have any questions or comments about these or any other public policy issues, please call my office toll-free at 502-564-8100 or the legislative message line 1-800-372-7181. You can also reach me at (270) 692-6945 (home) or email Jimmy.Higdon@LRC.ky.gov.

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