Senator Brandon Storm’s Legislative Update (2/26/2021)

I hope that you and your family remained safe during the period of heavy ice and snowstorms. We really cannot say enough about the men and women who work to keep the roads clear and the lights on. Stories across the commonwealth included county personnel helping other counties, emergency efforts to get necessities to people who were without, and so much more. During times of crisis the general good in people shows through, and the storm is braved together. Thank you to all involved in helping restore normalcy.

Upon legislators returning to Frankfort following a postponement in session due to weather, the House and Senate got back to work on crafting and passing legislation, including continued work on the state budget.

I am proud to announce that I successfully carried my first piece of legislation through the Senate, and it is now on its way to the House for consideration. The bill was Senate Bill (SB) 131. It moves the Motorcycle Safety Education Commission and Program—which offers motorcycle rider training courses for novice and experienced riders—from the Justice and Public Safety Cabinet to the Kentucky Transportation Cabinet’s Office of Highway Safety. It also allows residents of other states to take rider training courses in Kentucky if they are eligible for a motor vehicle instruction permit in their home state. I view this bill as a lifesaving bill and appreciate all stakeholders’ efforts. Although I received a little bit of freshman hazing, I am nonetheless grateful for the opportunity to pass my first bill. I thank all my colleagues for their support.

Another bill of mine that passed was SB 215. It establishes the Secretary’s Office of Safety within the Transportation Cabinet.

Last week, a Franklin County Circuit Court Judge put another injunction on House Bill (HB) 1. This comes following litigation filed by the governor against that bill and SB 1 and 2. By the time you read this, the judge may have already issued a ruling in the case that involves all three bills. No matter what the circuit court’s ruling is, I think we can expect an appeal to be filed and eventually see the case before the Supreme Court of Kentucky.

Interestingly, during last week’s joint meeting of the House Health and Family Services Committee and the Senate Health and Welfare Committee, a representative from the Kentucky Board of Pharmacy testified in support of amending an existing emergency regulation relating to vaccinations. A process that only exists because of the passage of SB 2, which the governor is trying to keep from becoming law through the litigation he has filed. The Board of Pharmacy said that the flexibility SB 2 provides to allow the amendment of emergency regulations is especially important during a state of emergency because, without it, a tedious process is required to make modifications. Thanks to SB 2, the emergency regulation on ordering and administering vaccinations was amended to allow Kentucky pharmacists to join in on the widespread COVID-19 vaccination efforts. This is a simple but vital update to the current regulation that will result in lives saved. We can all be grateful to the Kentucky Board of Pharmacy people for their initiative to make this happen.

“Priority” bills seek to address the state’s most immediate challenges or focus on areas of the law that are of importance to Kentuckians. Several priority measures relate to the COVID-19 pandemic and its impact on the commonwealth. A few of them continued through the legislative process this week. They included SBs 4, 6, 7, and 10.

SB 4 establishes procedures and requirements for the issuances of a warrant that authorizes entry without notice while maintaining the ability to act in situations involving a violent offender or life and death situation. Applications for warrants would have to be reviewed impartially by a judge and conducted in service with a SWAT or special response team whose members are trained for special situations. Additionally, due process protections would be put in place, making any evidence collected in violation of the law’s provisions inadmissible in court. SB 4 serves to make dangerous circumstances safer for law enforcement and the public while strengthening agencies’ trust.

SB 6 enacts new safeguards to ensure ethical behavior within the executive branch, particularly regarding members of gubernatorial transition teams’ actions and behaviors. Transition teams consist of folks who help a governor-elect transition from candidate to the official office. They will help select individuals who will serve in the various positions within the governor-elect’s administration and help determine policy goals and the new administration’s general framework.

If passed, SB 6 would require the existing Executive Branch Ethics Commission to set ethical conduct standards related to transition teams by developing a standard of ethical conduct agreement for transition team members to sign. It would apply to all members of a transition team and address registered or former lobbyists’ roles. Members would be required to disclose certain information, such as their current employer, boards on which they serve as a member, and any non-state sources of funds they receive for their spouses or services. Additionally, the bill would prohibit transition team members from accessing non-public information regarding matters that could personally benefit them or their spouse, clients, or business they may belong to.

SB 7 directly responds to a challenging situation surrounding unemployment insurance. Due to the system’, some benefits were awarded to people who did not qualify for them. This is to no fault of the recipients. SB 7 would establish a means by which recipients of overpayments could request a waiver to avoid paying those funds. Recipients would have to respond with a waiver request in no less than ten days from the date the Secretary of the Labor Cabinet deposits a notification in the mail.

On a related note, the General Assembly received testimony from State Auditor Mike Harmon on his recent findings that over 400,000 UI-related emails remain unread. The report also cites overpayments made to recipients. I encourage you to watch that testimony that took place during a meeting of the Senate Standing Committee on Economic Development, Tourism, and Labor. It’s available online at ket.org/legislature/archives.

SB 10 also made passage in the Senate. This measure can lead to meaningful dialogue and create a conducive environment for considering solutions for challenges facing communities across the commonwealth. If passed, SB 10 would establish a Commission on Race and Access to Opportunity within the legislative branch to conduct studies and research where disparities may exist across sectors of educational equity, health care, economic opportunity, criminal justice, and more. The commission established would have the authority to hold monthly meetings, seek comment and testimony from various individuals and organizations, and provide research to recommend data-driven policy initiatives.

During this time of great divisiveness, I think it’s essential we consider the benefit of sitting with others in honest, open conversation with the intent to listen. No, that will not always lead to an agreement on policy, but it will lead to better understanding and rapport. While we all come from unique backgrounds, endeavors like SB 10 promote clearer pathways. I sincerely hope so.

Other bills passing in the Senate included:

SB 55 prohibits copayments or cost-sharing from being paid by any medical assistance recipients. It prohibits deductibles, copayments, and coinsurance requirements for Medicaid telehealth services and copayments charged in the Kentucky Children’s Health Insurance Program (KCHIP). SB 55 applies to Medicaid Services or any managed care organization (MCO) contracted by the Cabinet for Health and Family Services.

MCOs have long failed to reimburse for medical services. This has placed financial burdens on hospitals and driven up administrative costs. Another bill seeks to mitigate the challenges MCOs have created.

SB 56 limits the number of MCO contracts to operate the Medicaid program to three.  Currently, there are five. Limiting them to three will increase efficiencies within the Medicaid program and lower administrative costs for health care providers.

SB 65 nullifies administrative regulations that were found deficient during the 2020 Legislative Interim and prohibits their re-enactment for a designated period if identical to or substantially the same. One regulation the legislature found deficient last year would have provided SNAP benefits to parents of children who have chosen to be absent in the child’s life.

SB 86 authorizes local governments to adopt ordinances against open dumping of solid waste on land and water and impose a civil fine of not less than $250 and not more than $500. The bill would also assure that any revenues resulting from local ordinances are returned to the counties in which they are imposed.

SB 115 seeks to build on the Read To Achieve (RTA) Program’s tremendous success by expanding access to its successful model to more students.

SB 135 relates to the postsecondary education performance fund. The bill revises the definition of “formula base amount” and establishes a definition of “funding floor” for purposes of priority funding for Kentucky institutions. SB 135 would add a hold-harmless and stop-loss prevention of 0% for the upcoming fiscal year and beyond. It also establishes how amounts distributed from the performance fund should be treated during the budget process.

SB 141 establishes guidelines for the distribution of funds remaining in the Kentucky coal workers’ pneumoconiosis fund. It would provide for the distribution of funds claimed by coal companies to pay wages, amounts owed to counties, cities, school systems, school districts, and more. Finally, it provides excess funds to go to unpaid workers and the Kentucky coal employers’ self-insurance guaranty fund.

SB 148 declares the need for childcare in our communities as essential by requiring CHFS to identify emergency care providers who provide vital child care services during a state of emergency. It addresses a problem many families have struggled with throughout the last year concerning available childcare. The bill would return childcare classroom sizes to pre-COVID numbers and allow them to combine classes during the opening and closing hours once again.

Bills making it to the governor last week for his consideration included SB 3 and HB 6. SB 3 moves the current Governor’s Office of Agricultural Policy, also known as GOAP, under the Kentucky Commissioner of Agriculture’s jurisdiction. It passed the Senate earlier in the session and recently passed by the House with minor changes. HB 6 provides teeth to an already existing legislative committee, which with the passing of HB 6 would become the Legislative Oversight and Investigations Committee. The bill would codify subpoena powers, give the committee authority to maintain the confidentiality of investigative documents, and impose fines on those in non-compliance with the committee’s efforts.

As you can see, the General Assembly is not taking any time for granted. We are now past the halfway point of the 2021 30-day session, with much work left to do.  I will continue to provide weekly legislative updates in the weeks ahead.

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.