Higdon: State senate wrapping up final days of 2021 General Assembly

By JIMMY HIGDON
14th District State Senator

Monday, March 8, 2021 — We are now in the closing days of the 30-day 2021 Regular Session of the Kentucky General Assembly. Only six legislative days remain after the close of session on Friday, March 5. Important bills continued to move swiftly through the legislative process last week, and robust debate on critical topics was as prominent as ever.

I was grateful to recently be joined by more guests from the 14th Senate District. The Rev. Tommy Calhoun of First Baptist Church in Lebanon, the Rev. Terry Bradshaw of Basilica of Saint Joseph Proto-Cathedral in Bardstown, and Dan Durham of Stewart’s Creek Baptist Church in Lebanon each opened the State Senate in prayer recently. I appreciate them being there and for their prayers.

Prayer is needed for many across the Commonwealth, including here in the 14th district like Casey, Marion, and Nelson Counties. The governor declared a state of emergency concerning flash flooding, affecting communities from far southwestern Kentucky to far southeastern Kentucky. Last week’s declaration comes only a week shy of a year since the governor declared a state of emergency due to COVID-19. Both figuratively and literally, it seems we continue to be hit by storms. The pandemic has threatened the elderly and immunocompromised people as well as contributing to an unemployment crisis. Severe winter weather covered our Commonwealth in ice and left our people without power. Most recently, torrential rain has caused flooding of homes and businesses. Several counties received over six inches of rainfall. Many counties stretching across Kentucky received between 4 ½ to 5 ½ inches of rain. It was indeed a “perfect storm” as we received record levels of rain on top of melting ice.

The Kentucky National Guard has been activated to assist those affected, and assessments will eventually be conducted by the Federal Emergency Management Agency (FEMA). If you have been personally impacted, please look for updates on assistance opportunities by visiting fema.gov/locations/kentucky. People living in counties declared eligible for individual assistance programs under a major presidential disaster declaration may register for assistance by visiting that site or calling 1-800-621-3362. In case of an emergency, always call 9-1-1.

Kentucky Emergency Management (KYEM) and local emergency management personnel have worked hard alongside other heroes. Visit kyem.ky.gov for state updates or contact that office by phone at 1-800-255-2587. For residents of Jefferson, Spencer, and Nelson Counties, the Area 4 KYEM office can be reached by phone at 502-607-2640, 502-607-2641, or 502-226-0153. For Marion County residents, Area 5 can be reached at 502-607-2461 or 502-607-2462. Finally, for Casey County residents, the Area 10 office can be reached at 502-607-5639. I pray for the safety and well-being of all who have been impacted by recent weather.

A Senate chamber report includes passage of yet another Senate priority bill, Senate Bill (SB) 5. Among numerous other measures, it is a bill that works to mitigate the negative impact the COVID-19 pandemic has had on Kentucky’s economy. In this case, it notably supports and reassures our society’s sectors trying to reopen or continue operation.

If made law, SB 5 would provide liability protections for premises owners or leaseholders, including places of worship, schools, restaurants, medical facilities, and more. It also establishes essential services protections to businesses in the food supply chain, manufacturers, distributors of personal protective equipment, child care service providers, and others. The measure, however, would not protect entities that act in a malicious or grossly negligent way by ignoring safety orders during a state of emergency.

I am happy to say that SB 79, a bill which I sponsored, passed as well. It builds on the success of a bill I sponsored and passed a couple of years ago that began automatically enrolling new state employees into Kentucky Deferred Compensation but providing an opt-out option. SB 79 would do the same for legislators and judges. Deferred compensation serves as a savings account in which a certain portion of an employee’s income is set aside to be paid later. Since the passage of the legislation related to state employees, 90 percent of new hires have remained in deferred compensation, which stands to benefit them in the long run.

Other bills passing the Senate include:

SB 53 allows part-time adjunct instructors for the Kentucky Fire Commission to begin drawing benefits from the County Employees Retirement System without having to resign from that position, so long as the instructors have not previously participated in the Kentucky Employees Retirement System.

SB 99 authorizes the construction of certain facilities without the supervision of a licensed architect or professional engineer, provided the work is performed consistently with the United States Department of Defense Building Code. The bill would relate only to facilities used in the furtherance of security or defense contracts, grants, or agreements with the United States’ federal government located on property owned by the Commonwealth.

SB 122 would prohibit a state contract from being awarded to a business if it was already awarded the same or similar contract and if a contract was awarded through an executive agency lobbyist who was convicted of a crime related to contracts. It also prohibits a person associated with an agency from participating in a contract procurement for one year after termination.

SB 128 provides any student enrolled in a Kentucky public school in grades K-12 during the 2020-21 school year the opportunity to request to participate in a temporary program during the 2021-22 school year to retake or supplement the courses or grades the student has already taken. The ultimate decision of providing this opportunity will be left to local school districts, which must decide to accept all students’ requests or none at all.

The past year has been tough on so many, but Kentucky students have significantly been negatively impacted. A recent report from the Lexington Herald-Leader shows failing grades have skyrocketed. The good news is that most school districts have returned to some form of in-person learning, but the school year is almost over now. For the most part, all of the 2020-21 school year has remained virtual, and while districts, teachers, and parents or guardians have done their best, distance learning has been inadequate for many of our kids. Some children may not have the support they need at home. Broadband issues have proven to be challenging for families in our rural communities. Quite simply, our students have missed their teachers, friends, and vital emotional and social experiences. SB 128 will provide local school districts with the ability to do right by students and families determining it is in their best interest to take advantage of a supplemental year of education. It will ensure participating seniors’ preparedness for whatever their next chapter in life is, and all students will have peace of mind knowing the pandemic will not cause them to be left behind.

SB 146 establishes a requirement of a national and state criminal background check, via fingerprint analysis by the state police and the FBI, for every prospective and current employee of the Kentucky Labor Cabinet or its agencies.

SB 159 reorganizes the Kentucky Department of Military affairs by abolishing defunct offices and realigning others within the “Office of the Adjutant General.” It also attaches the Kentucky Community Crisis Response Board to the Division of Emergency Management and alters its membership.

SB 165 requires the link to a legal advertisement or notice website that the local government electronically publishes to be no more than 30 characters in length and in easy-to-understand terms.

SB 172 requires people or individuals who damage underground utility facilities, such as pipelines and telecommunications lines during demolition or excavation, to cease activity and notify the underground facility operator or agency.

SB 181 is a companion bill to House Bill (HB) 4, a bill that made final passage this week. HB 4 is a constitutional amendment bill, so it does not require the governor’s signature. Instead, it will go before you, the voters, on the next general election ballot. If supported by a majority of voters, HB 4 would provide the General Assembly with the ability to call itself back into session. SB 181 would establish the Senate President’s and House Speaker’s power to reconvene the General Assembly for up to 12 additional legislative days via joint proclamation. Additionally, it would allow for any bills filed by the deadline of the close of a Regular Session to survive until December 31 of that same year.

SB 212, also known as the “Kara Beth Adair Wilson Act,” requires the various Kentucky retirement systems to develop an electronic method to which future changes to beneficiary designations for all members and new member forms, including beneficiary designation forms, must be submitted.

SB 228 would reform how a U.S. Senator of Kentucky is replaced should a vacancy occur. The bill would establish that the departing senator’s state party would nominate three people from whom the governor would select. That individual would serve out the remainder of the term. Additionally, it sets stipulations about how long a replacement can serve before voters get to elect someone to take over that seat and establishes provisions about how such elections should be held.

HB 7, a House priority bill, was among bills that made final passage in the General Assembly and have headed to the governor’s desk for consideration.

HB 7 establishes a Recovery Ready Communities council and program for cities and counties that want to demonstrate their addiction recovery commitment. According to the Centers for Disease Control and Prevention, more than 83,000 people died in the 12 months ending in July 2020. The COVID-19 pandemic has only heightened addiction. The state has worked hard over the years to combat the scourge of drug addiction. Although the challenge is difficult, we must continue efforts to address the abuse of opioids and other narcotics. HB 7 is one more step in saving lives.

HB 208 also passed. It addresses the issue of getting our students back into schools amid the COVID-19 pandemic. Under this bill, local school districts must offer at least a hybrid schedule where all students can attend in-person classes a minimum of two days a week by March 29, 2021. Districts would still be able to offer virtual or remote learning for students whose Parents/Guardians provide written requests due to COVID-19 concerns.

Last spring, the General Assembly passed legislation to give the Kentucky Department of Education and local school districts funding flexibility to operate amid the pandemic by temporarily changing many state regulations. HB 208 continues this flexible funding mechanism for the remainder of the 2020-21 school year only.

As a society, we have figured out a way to open restaurants, shopping malls, and movie theaters safely. It is time we finally do the same for Kentucky’s youth by prioritizing a pathway to normalcy for our schools.

Speaking of SB 1, Franklin County Circuit Court Judge Phillip Shepherd ruled to block its implementation and HB 1 and SB 2 temporarily. He had previously issued temporary injunctions a couple of times before his final ruling. The case of the governor’s challenge to these bills will likely head to the Kentucky Supreme Court now upon appeal. You can find details on these bills in my previous legislative updates or by visiting legislature.ky.gov.

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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