Senator Brandon Storm’s Legislative Update (3/5/2021)

We are now in the closing days of the 2021 30-day Regular Session of the Kentucky General Assembly. Only six legislative days remain after 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.

First, however, I want to speak to recent severe weather events. 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 immune-compromised as well as contributed 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 received between 4 ½ to 5 ½ inches. It was indeed a “perfect storm” as we received record levels of rain on top of melting ice. Those right here in the 21^st District were impacted by the storms as severely as any other region in the Commonwealth.

As a member of the Mountain Caucus, I joined fellow legislators, who are also members, for a meeting last week. We met with the Director of the Kentucky Emergency Management (KYEM), Michael Dossett, Special Assistant to the Governor and Former House Minority Floor Leader, Rocky Adkins, and Commissioner of the Department for Local Government and former State Senator, Dennis Keene. It has been indicated that the state will send in two declarations of damage to seek federal assistance—one for the ice storm and one for the flooding. The state has to gather damage information before the request can be made.

The Kentucky National Guard was activated to assist upon the declaration of a state of emergency. Eventually, an assessment will be conducted by the Federal Emergency Management Agency (FEMA). If you have been personally impacted, please take pictures and document damage. Look for updates on assistance opportunities by visiting fema.gov/locations/kentucky. In case of an emergency, make sure to call 9-1-1. Still, you can also contact the FEMA Disaster Assistance Helpline at 1-800-621-3362 if you have questions about the help they offer or how to apply for assistance when it may become available.

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 1-800-621-3362. For Bath and Menifee Counties, the Area 7 KYEM office can be reached by phone at 502-607-3325, 502-607-3326, or 606-356-1888. For Estill, Jackson, Laurel, and Powell Counties, the Area 9 KYEM office can be reached at 606-877-3149 or 606-524-2315. I pray for the safety and well-being of all who have been impacted by recent weather.

I was honored to chair my first meeting of the Senate Standing Committee on Transportation. I serve as Vice-Chair of this critical committee. I am grateful to be trusted by my colleagues to serve in this role. It puts me in a great position to advocate for our counties here in the 21^st District. We reported several bills out of that committee. They are now qualified for a vote by the full Senate.

A report of legislation includes a long list of bills. First, I want to update you on some legislation I am carrying through the General Assembly. Senate Bills (SB) I am the sponsor of SB 251, which reorganizes the Attorney General’s Department of Law, and SB 133, relating to the Kentucky Emergency Response Commission, passed with full consent in the Senate. SB 131, which I outlined in previous legislative updates, took further steps toward final passage. I testified on it during a meeting of the House Transportation Committee. It is now eligible for a vote on the House floor. If passed there, they will go to the governor for consideration.

Other bills passing in the Senate last week include:

SB 53 allows a part-time adjunct instructor 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 instructor has not previously participated in the Kentucky Employees Retirement System.

SB 79 builds on the success of a bill that 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 comp, which stands to benefit them in the long run.

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 student’s requests or none at all.

The past year has been tough on so many, but Kentucky students have been negatively impacted, according to a recent report from the Lexington Herald-Leader, which 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 nearly over. For the most part, the 2020-21 school year has remained virtual in most areas of the Commonwealth. While districts, teachers, and parents or guardians have done their best, distance learning has been inadequate for many children. Some children may not have the support they need at home. Our rural communities with broadband issues have proven to be a challenge for families. Quite simply, our students have missed their teachers, friends, and vital emotional and social experiences they deserve. 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 the 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 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 172 requires persons 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 twelve 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 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 which 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 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 twelve 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.

Another bill reaching the governor’s desk, which was swiftly signed into law, was HB 208. The bill’s primary purpose was to extend past the March 4 expiration date through the end of the 2020-21 school year, a local school district’s funding flexibility to make it through the COVID-19 pandemic.

When HB 208 was received in the Senate, some issues needed to be taken care of, and I am happy to say several concerns were addressed in the Senate’s changes. The Senate removed districts’ ability to apply for more Non-Traditional Instruction (NTI) days based on county COVID-19 case rate that is not in line with the Centers for Disease Control and Prevention (CDC) guidelines, which consider >100 per 100,000 population as high community transmission and, more specifically, >200 cases per 100,000 population as the highest risk of transmission in schools. Additionally, the senate changes require districts to get students back in school at least four days in-person on an A/B schedule by March 29 for the remainder of the school year. If that requirement is not met, school districts will lose access to flexible funding for hybrid schedules and the additional 5 NTI days.

To be clear, for the next school year, 2021-2022, things should be back to normal.  NTI days will be limited to the statutory ten days, and no hybrid learning will be allowed in the absence of an executive order. It is worth noting that under SB 1 passed by the General Assembly—which the governor has challenged—any such order suspending statutes related to school funding or allowing hybrid or virtual learning would have to be agreed to by the Kentucky Attorney General and would expire in 30 days without legislative approval at that time. It is time to get our children back in the safe and conducive learning environment of a school. HB 208 with the Senate’s cleanup measures gets them there.

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.

It is a real honor to represent Laurel, Jackson, Estill, Powell, Menifee, and Bath Counties in the Kentucky State Senate. If you have any questions about 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.