Senator West Legislative Update- week 8

As we draw to the close of week eight of the 2022 Regular Session, we passed significant legislation to help people across the commonwealth. 

Senate Bill 194, the Senate’s tax rebate plan was introduced; a proposal to end the COVID-19 state of emergency was voted favorably off the Senate floor and Senate Bill 138, the Teaching America’s Principles Act was passed out of the Senate, where it now proceeds to the House.

SB 194 is the Senate’s tax rebate plan in response to inflation hitting a 40-year high.  Under the Senate’s plan, introduced during a special Appropriations and Revenue Committee meeting yesterday, each single working Kentucky taxpayer will receive up to $500, each household up to $1,000. This tax rebate is possible because of the conservative budget of the commonwealth; unexpected and exceptional revenue growth is expected to yield over $1.94 billion in excess funds that rightly belongs to Kentucky taxpayers. This plan will keep more money in taxpayers’ pockets and empower them with the tools to make appropriate choices for their families.

SJR 150  Senate Joint Resolution 150 (SJR 150), sponsored by Senator Donald Douglas (R – Nicholasville) aims to end the COVID-19 State of Emergency declared by Governor Andy Beshear on March 6, 2020, was voted favorably out of committee and off the Senate floor this week.

Prior to the legislature’s involvement in COVID-related decision making in 2020, the governor imposed widespread damaging mandates across the state;  all elective medical procedures were halted, statewide mask mandates were imposed, schools were shut down, churches targeted, businesses were forced to close their doors and travel was restricted. Since the onset of the pandemic, overdose deaths, suicides and child abuse rates have skyrocketed. If lawmakers do not repeal this current State of Emergency by March 7, it will expire on April 15 and the governor will have the ability to file another extension.  The General Assembly would then be unable to curtail the extreme actions our governor has provided he is inclined toward, stoking additional fear in the constituency and further damaging our economy.

SJR 150 is a thoughtful approach to end the Kentucky State of Emergency, as it gives the executive branch time to determine whether to file administrative regulations based upon existing statutory authority. What’s does this really mean? This encourages the governor to engage the legislature as opposed to unilaterally dictating policy. If the governor chooses not to include the General Assembly in legislating, it will be clear to the residents of the Commonwealth he is playing politics with their lives and livelihoods. With COVID-19 here to stay, it is finally time for Kentucky to return to normal and declare COVID an endemic, no longer a pandemic.

SB 138. This bill, also known as the Teaching American Principles Act, extends existing elementary social studies standards to both middle and high school. It encourages a study of United States historical documents and uniting students around our nation’s history, not dividing it.

SB 138 preserves classroom discussion of controversial aspects of history and the historical oppression of a particular group of people.  It also maintains a teacher’s ability to teach current events on controversial subjects and help students draw their own conclusion. It supports civic learning in settings that students may encounter in their lives, such as the legislative process.  The bill also allows teachers to choose whether to engage in diversity-based training programs. It does not circumvent the established standards adoption process or diminish employee professional growth and development, nor does it inhibit frank conversations about past injustices done. It prohibits homework assignments, projects or extra credit on political, social-policy or lobbying activities for which a student or their family objects.

SB 138 was drafted in response to the growing concerns from parents, students and teachers alike, that our nation’s history is being rewritten in the academic setting. This has been a growing trend nationwide causing division and angst amongst parents and school boards. SB 138 sets out to unify these groups in the Commonwealth by the inclusion of our nation’s primary source historical documents that embrace the good, the bad and the ugly of the authentic American story.

SB 124 allows CDL license holders to renew expired licenses less than 5 years old without taking both the knowledge and skills tests. This only applies to CDL license holders whose license was not suspended, revoked or disqualified. Drivers must submit medical clearance, self-certification, a criminal background check, a review of driving history and a vision test. Any former CDL license holders whose license was suspended because of a failure to submit medical evaluation, may renew their license. Finally, it allows drivers to keep their hazardous materials endorsements if they retake the required examinations.

SB 133 reorganizes offices within the Cabinet for Health and Family Services by placing the Office of Data Analytics under the Office of the Secretary within CHFS. The bill also expands the responsibilities of Office of Inspector General by Establishing the KY Health Information Exchange and oversight thereof, as well as moving the Department of Telehealth Services to the OIG. Lastly, SB 133 moves the Health Benefits Exchange to the Department of Medicaid Services.

SB 148 redefines “controlled environment agriculture facility” to allow the Kentucky Department of Housing, Buildings and Construction to make exemptions to benefit Kentucky’s Agri-businesses by reforming building codes. It defines them as a facility that uses a technologically advanced form of hydroponic or soilless-based production, which includes a combination of engineering, plant science, and computer-managed greenhouse control technologies in growing spaces. All connected sorting, packing, and storage areas are to allow complete and stable control of the plant environment, including temperature, light, and carbon dioxide. It also includes the immediate sorting, packaging, and shipping of fresh produce and shall not be used for retail sales or allow open access to the public.

SB 152 provides that a local government is not required to comply with notice or hearing requirements and wait times before awarding a waste management franchise for the first time. This would only apply when the local government has been the sole provider of the same waste management services in the area, and wishes to add a franchise. This is beneficial because it is predicted this bill will create cost-savings for cities, having a positive fiscal impact.

SB 91 allows licensed dealers to conduct online sales and delivery of a motor vehicle to customers’ residences or other suitable locations if requested by the customer. The bill modernizes the purchase and sale of automobiles, enabling more convenience in the marketplace for both consumer and merchant.

SB 80 requires when a post-mortem examination is needed, the exam shall include genetic testing: If the genetic test results determine the cause of death, the notice of the death must be reported to the state registrar of vital statistics, who shall record the cause of death on the death certificate Information about the deceased person or the genetic test results cannot be released without written, signed & acknowledge consent of a spouse, or, if no spouse, the next of kin, or, if none, whoever assumes responsibility to dispose of the body.

Keep me informed about the issues that matter to you most. Call me at 502.600.5923 or email me at steve.west@lrc.ky,gov.