FRANKFORT- The 2022 Regular Session so far can be described as something all Kentuckians are familiar with: a horse race. In the beginning, it was slow and steady, with lawmakers finding their footing. As we reached the mid-point, things heated up as the members began picking their spots and making a push. We have entered the final stretch at full speed, and legislators are jostling for their bills to cross the finish line. Only four days remain in the session; some bills have made it to the winners’ circle, some await their fate, and others hope they can cross the finish line before the General Assembly breaks for veto days next week.
On Tuesday, I presented Senate Resolution (SR) 271 on the Senate floor in honor and loving memory of Corporal (CPL.) Jacob M. Moore of Catlettsburg in Boyd County. On March 18, CPL Moore and three of his fellow Marines: Captain Matthew Tomkiewicz of Fort Wayne, Indiana; Captain Ross Reynolds of Leominster, Massachusetts; and Gunnery Sergeant James Speedy of Cambridge, Ohio, were killed after their MV-22B Osprey aircraft crashed during a NATO exercise outside Bodo, Norway.
CPL Moore was an American patriot who loved his country and proudly served. Senate President Robert Stivers, whose son is a Marine, also stood on the floor to express his condolences to friends and family. The measure was unanimously adopted, with the Senate adjourning on Tuesday, March 22, in honor of CPL. Moore and the four Marines.
On Thursday, I joined my fellow members of the Mountain Caucus at a press conference to oppose the sale by American Electric Power of Kentucky Power to Liberty Utilities. Alternatively, if the sale occurs, the Kentucky Mountain Caucus believes Kentucky Power should be obligated to refund a large chunk of that profit to customers. The PSC hearing is at 9 a.m. on March 28 at the PSC’s office in Frankfort. The hearing is open to the public and may also be viewed live on the KYPSC YouTube page. To submit a comment on the case, email psc.comment@ky.gov and enter the file number 2021-00481 in the subject line.
In the Senate, it was by far the busiest week of the session, with an abundance of bills up for consideration in committee and on the floor. Several new bills were heard and passed, with some awaiting the signature of Governor Andy Beshear, while others bounce back and forth between the two chambers for concurrence. Meanwhile, the budget conference committee continues to deliberate how funding will be appropriated in the two-year spending plan.
The goal is to craft a budget that both chambers can agree on before the veto recess. I remain hopeful that we will find a compromise that protects education, shores up the public employee and teacher retirement plans, and invests in our infrastructure while still looking out for our most vulnerable citizens. The session is not over yet, and these final days are seeing some important legislation pass that will have an impact across the commonwealth.
The Senate voted to override two of Governor Andy Beshear’s vetoes on legislation that passed out of the legislature earlier in the session. During a 60 day session, the legislature only needs a simple majority to override a veto handed down by the Governor. I anticipate there will be numerous other veto override measures taken up in the Senate in the final two days based on the political makeup in Frankfort.
The Governor chose to veto House Bill (HB) 4, which reduces eligibility for unemployment insurance benefits from 26 weeks to 12 weeks based on the unemployment rate in the state. I voted against HB 4 at the time it was presented on the floor, and I voted against overriding the Governor’s veto. I adamantly oppose cutting benefits to help those who lost their jobs due to no fault of their own. Nonetheless, the Senate voted to override the veto of HB 4 by a vote of 21-12.
The General Assembly also overturned a veto effectively ending the COVID-19 state of emergency in Kentucky. The Governor explained that his reasoning for vetoing Senate Joint Resolution (SJR) 150 was due to the loss of federal dollars for supplemental benefits to children and families in need. I voted against overriding the veto of SJR 150 because I certainly do not think we should cut off emergency funds for those who need it the most.
Along with the veto orders in the Senate, we also had multiple bills returned to the Senate with amendments from the House for concurrence. Senate Bill (SB) 1 allows for local superintendents – rather than school councils – to determine the educational curriculum for local school districts. The changes in the House reflect the language in SB 138 filed earlier in the session, which sets a legislatively mandated list of required readings and subject matter in the curriculum. I opposed SB 1 in its original form, and I think the House changes only make the bill worse; however, it passed in the Senate by a vote of 21-15-1.
Another measure we revisited in the Senate with changes from the House was SB 83. The legislation prohibits transgender girls from participating in women’s middle school, high school and college athletics. The Senate voted to concur on SB 83 by a 26-9 vote. I voted yes.
On the Senate floor, a measure that is designed to reinforce parents’ rights received approval. SB 40 states that Kentucky courts must apply a strict scrutiny standard when considering the interests of parents in the care, custody, and control of their children.
The most important job is being a parent, but SB 40 is a solution looking for a problem. A notable concern in the bill is a section that defines parents as the biological or adoptive mother or father of a child. Many of us are fortunate to have or be biological parents; however, sixty-seven thousand Kentucky kids reside in households where the primary guardian does not fit that definition of a parent. Nine thousand additional children in Kentucky are in the foster care system.
I do not feel the rights of parents to raise their children in the way they see best fit is being threatened. However, I feel this bill could create a problem for kids who do not have a biological parent as their primary guardian. An amendment was added to exclude instances of child abuse and neglect. SB 40passed 23-14 and now heads to the House for further action.
As the primary sponsor, I was pleased to see SB 217 regarding the Kentucky Fish and Wildlife Resources Commission advance in the House this week. SB 217 provides that the Kentucky Department of Fish and Wildlife is an independent agency by removing the oversight of the Tourism, Arts, and Heritage Board as the final decision-maker. The bill intends to maximize department efficacy by eliminating bureaucratic pressure and granting Fish and Wildlife the ability to facilitate the hiring of their agency personnel. SB 217 passed the House Tourism & Outdoor Recreation Committee and got its second reading on Friday. It now awaits further action by the full House, where if passed will go to the Governor to sign into law.
Other bills passed in the Senate this week:
HB 43 adds places of worship as an essential service by prohibiting a governmental agency from restricting religious services during an emergency. I voted yes. The legislation passed the Senate 30-7.
HB 252 lowers the minimum server age of employees who may handle alcohol to 18 years old. It passed in the Senate by a vote of 23-10. I voted no.
HB 335 changes the appointment process for the Kentucky Law Enforcement Council and Advisory Council for Recovery Ready Communities by granting private organizations the ability to submit lists of potential appointees. The measure passed the Senate by a vote of 29-9. I voted no.
HB 388 prohibits appropriations in support of a constitutional challenge to a statute except in the case of the Attorney General. HB 388 passed the Senate 27-8. I voted no.
HB 500 allows designated alcoholic beverage licensees to sell vintage distilled spirits and private selection packages. It passed the Senate with a vote of 25-11-1. I voted no.
A handful of measures were approved on the Senate floor with bipartisan support and consent. For more information on legislation approved in the Senate, House, and signed by the Governor, visit the legislative record online at legislature.ky.gov.
Lawmakers will return to Frankfort on Tuesday, March 29, and Wednesday, March 30, before a week and a half break for veto days. Numerous contentious bills, such as charter schools, the budget, and tax reform linger in the queue, so stay engaged!
If I can ever be of assistance, please do not hesitate to contact me. To share feedback on an issue, you can email me at Robin.Webb@lrc.ky.gov or call the General Assembly Message Line at 1-800-372-7181. Kentuckians with hearing loss can use Kentucky Relay by dialing 711.
