Senator Brandon Storm’s Legislative Update (Week 2)

Week 2 of the 2021 Legislative Session

The Kentucky General Assembly is making the most of the 30-day legislative session. In the first eight days back in Frankfort, lawmakers have already delivered seven bills to the governor’s desk. I am happy to report that we are moving forward in deliberation, but with purpose.

The past ten months have been challenging for all of us. Anxieties surrounding the COVID-19 pandemic have extended beyond just the dangerous health risk the virus poses to the vulnerable to indirect consequences affecting students, businesses, and mental health; side effects of government actions. The passage of priority House and Senate bills shows the legislature’s commitment to being a co-equal branch of government and ensuring the representative branch of state government has a seat at the table where life-altering decisions are considered.

Senate Bill 1 (SB 1)—This bill better defines executive authority during a state of emergency. It brings the representative branch of government to the table to be a voice for the communities its members represent. The bill will require legislative authorization before the governor can extend an executive order beyond 30 days if the order places restrictions on various public and private entities. The same requirement would exist for emergency executive orders. Similarly, it would require mutual agreement between the governor and the attorney general to suspend state statute during a state of emergency. Taking a less arbitrary and more targeted approach to addressing a state of emergency, SB1 would allow local officials to request an extension of executive orders only for their area and only for the amount of time they ask.

SB 2—For far too long, governors and their administrations have been able to blur the lines between executive and legislative branch authorities by making law through the use and abuse of the emergency regulatory process. SB 2 enhances this process’s legislative and public oversight by requiring an expedited public hearing and written comment period and allowing a legislative committee to review, amend, or find an emergency regulation deficient.

House Bill (HB) 1 – Provides clarity and reassurances amid a state of emergency for businesses, schools, parents, teachers, students, and religious institutions that they may remain open and operational if they follow a comprehensive operating plan detailing how they plan to adhere to  Centers for Disease Control and Prevention (CDC) guidelines—or state guidelines—whichever is least restrictive.

Other bills that have reached the governor’s desk are two pro-life measures. SB 9, the Born Alive Infant Protection Act, which the legislature passed last year before the governor vetoed it, has been sent to him again. Unfortunately, last year’s veto came after the legislative veto override period, and lawmakers could not override it. The bill ensures that a baby born-alive in any circumstance receives lifesaving care.

HB 2—Gives Kentucky’s Attorney General the authority to seek an injunction and civil or criminal penalties for violations of statutes and administrative regulations guiding the practice of abortion. Current law only allows the Attorney General to take action if the Cabinet for Health and Family Services secretary requests that he or she intervene.

I and other General Assembly members, who value the sanctity of human life, are eager to override any vetoes the governor chooses to issue. Last week, Kentucky Right to Life held a pro-life rally alongside the attorney general and lawmakers restating commitment to defending these pro-life bills in the court system.

Additional bills that made full passage this past week include HB 3, which establishes that challenges to the constitutionality of state statutes, executive orders, administrative regulations, or cabinet orders shall be filed in the county of the plaintiff’s residence. Currently, all suits filed against the state go through the Franklin Circuit Court and before a limited number of potential judges, essentially creating a “super circuit.”

HB 5 would improve oversight of the reorganization of state boards. Governors have used these boards to fulfill political agendas and favors in the past. In fact, over the last five administrations, there have been over 445 reorganizations of state agencies, cabinets, or boards. The bill would require executive branch and board reorganizations to have a vote of the General Assembly and it refines gubernatorial authority when the legislature is not in session.

The Constitution of Kentucky requires that the General Assembly adjourn following the first part of the session. Wednesday, January 13, was our final day before adjourning in compliance with that constitutional requirement. The legislature will reconvene for the second part of the session on Tuesday, February 2. Before adjourning, the House and Senate have each submitted their respective budget bill. With the two chambers not concurring on the bills, the next step in the process is for appointed members of each chamber to come together in a conference committee to finalize an agreement to be voted on and sent to the governor. Budget bills include HB 192, the executive branch budget; HB 193, the transportation budget; HB 194, the legislative branch budget; and HB 195, the judicial branch budget. You can access each of these bills at legislature.ky.gov.

I am in the process of scheduling various stops across the 21^st District in the next few weeks. I am excited to interact with constituents. At this time, two are two “legislative coffee” events scheduled, and plans for stops in all other counties are in development.

A legislative coffee will take place in Laurel County on Tuesday, January 19 from 8 a.m. to 9 a.m. at the London Community Center at 529 South Main Street in London. I am excited to have Senate Transportation Committee Chairman, Senator Jimmy Higdon, join me. I want to thank the London-Laurel County Chamber of Commerce for sponsoring this event.

Additionally, I will be visiting Jackson County on Thursday, January 28 starting at 8:30 a.m. in the upstairs courtroom of the old Courthouse at 100 Main Street in McKee.

I look forward to visiting each county to provide an in-person update on the work my fellow lawmakers and I are doing in Frankfort. Stay tuned to my legislative updates and your local newspaper for the announcement of additional plans.

It is a true honor to represent Laurel, Jackson, Estill, Powell, Menifee, and Bath Counties in the Kentucky State Senate. If you have any questions pertaining to these public policy issues or any other matter of importance to you, do not hesitate to contact my office toll-free by calling 502-564-8100. You can also email me at brandon.storm@lrc.ky.gov. Stay safe. God bless.

Note: Senator Brandon Storm (R-London) represents the 21^st District, which encompasses Bath, Estill, Jackson, Laurel, Menifee, and Powell Counties. Senator Storm is the Vice-Chairman of the Senate Transportation Committee and serves as Chairman of the Enrollment Committee. He also serves as a member of the Senate Standing Committees on Economic Development, Tourism, and Labor; State and Local Government; Banking and Insurance; and the Budget Review Subcommittee on Human Resources. Additionally, Senator Storm is a member of the Statutory Committees on Program Review and Investigations; and Child Welfare Oversight and Advisory.