Higdon says he’s opposed to current version of bourbon barrel tax bill

By JIMMY HIGDON
14th District State Senator

Friday, Feb. 24, 2023 — With the Senate’s adjournment on Friday, we have officially reached the halfway mark on the 2023 30-day Legislative Session. Week four was the most productive yet, as the Senate passed over 20 bills, sending them to the state House of Representatives for consideration.

Before an update on legislation passed, I want to address a bill garnering attention in the state House related to the bourbon barrel tax. The bill, House Bill 5, would phase out the bourbon barrel tax by 2039. I am opposed to this legislation as written. First, eliminating this tax will only mean increased taxes for residents of counties benefiting from the bourbon barrel tax revenue. Secondly, the state SEEK formula, meaning our schools and many other things, greatly depends on this revenue.

I often say how proud I am to be the senator for the Bourbon Capitol of the World. I love our state’s rich spirits industry and have backed legislation supporting the industry. I will continue to work to find a resolution to this issue that is not punitive to local taxing districts and residents.

Now for a legislative update. Here are several bills receiving recent passage:

Senate Bill 5 ensures parental engagement in decision-making regarding a student’s access to sexual materials that may be inappropriate or harmful to minors. It defines sex-related materials, programs, or events that a parent may reasonably consider offensive and unsuitable for children.

Senate Bill 9 criminalizes hazing by establishing a first and second-degree hazing statute. First-degree hazing is defined as intentional or wanton hazing related to conduct that results in physical injury or death to a minor or student—A class D felony. The fact that an organization sanctioned or approved the conduct is not a defense against this charge. Second-degree hazing is defined as reckless participation in hazing. Neither consent nor sanctioned conduct may be used as a defense against this charge. Hazing would be defined as an action that endangers mental or physical health for recruitment, initiation, or enhancing membership or status within an organization. The bill is known as “Lofton’s Law” in honor of a University of Kentucky student found dead of over-intoxication believed to be the result of fraternity hazing.

Senate Bill 12 is a measure to address workforce challenges in the healthcare industry by establishing a physician wellness program and putting protective measures in place for healthcare workers who utilize it.

Senate Bill 28 helps Kentucky’s small farm wineries thrive and boosts the commonwealth’s rich spirits industry by allowing small farm wineries to sell and deliver up to 12,000 gallons of wine to a retailer annually.

Senate Bill 60 makes it easier for licensed motorcycle operators who’ve completed a safety education course to get their license by exempting them from the written and skills test. It also provides our active duty military personnel—along with their spouses and dependents—the ability to update their motorcycle operator’s endorsement electronically or by mail. This relieves the burden for military personnel stationed outside Kentucky from coming in person to update their licenses. This provision in Senate Bill 60 is the latest effort to make Kentucky the nation’s most military-friendly state.

Senate Bill 80 restores protections for healthcare workers providing care from being assaulted by those they are caring for and also strengthens the protection of Kentucky’s children from sexual predators by prohibiting a registered sex offender from loitering within 1,000 feet of a school, playground, daycare, public swimming pool, or splash pad. Senate Bill 80 also prohibits registered sex offenders from being the sole operator or occupant of any mobile business within 100 feet of those locations.

Senate Bill 94 creates the Collaborative Agreement for the Advanced Practice Registered Nurse’s Prescriptive Authority for Controlled Substances Committee (CAPA-CS); for the Advanced Practice Registered Nurse (APRN) and the collaborating physician. The bill requires the CAPA-CS standardized form to be developed by a committee of two APRNs and two physicians, which will review relevant statutes and regulations about the prescribing authority of APRNs for a controlled substance. CAPA-CS will be administratively attached to the Kentucky Board of Nursing. Committee members will meet at least quarterly in person or by video conference to review APRN’s reverse prescribing report to the current Prescriptive Drug Monitoring Program in Kentucky. Senate Bill 94 is a collaborative agreement among stakeholders, such as the Kentucky Board of Nursing and the Kentucky Board of Medical Licensure, to find a better way forward concerning prescription authority.

Senate Bill 135 provides information on services and supports for perinatal mental health disorders to better assist mothers facing postpartum challenges. It requires the Cabinet for Health and Family Services (CHFS) to work with maternal and mental health professionals to develop information on postpartum depression and a perinatal mental health disorder assessment tool available on its website. Additionally, it requires CHFS to create a panel focused on identifying gaps in perinatal mental health disorders and exploring grants and other funding opportunities. I view this bill as a pro-life measure.

You can follow the previously mentioned bills and more at legislature.ky.gov and watch live legislative activity at KET/org/legislature. You can also track the status of other legislation by calling 866-840-2835, legislative meeting information at 800-633-9650, or leaving a message for lawmakers at 800-372-7181.

In closing, I pray you enjoyed a blessed Ash Wednesday. I was happy to be joined in Frankfort this week by many constituents, student pages and school groups.

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 reach me at 270-692-6945 (home) or email Jimmy.Higdon@LRC.ky.gov.

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