Senator Brandon Storm’s Legislative Update (3/12/2021)

Only four legislative days remain of the 2021 30-day Session of the Kentucky General Assembly. With the end in sight, fellow lawmakers and I are wrapping up legislative efforts by passing meaningful legislation in the closing days.

The General Assembly needs to pass most bills by Tuesday, March 16, so that enough time is left to consider any veto overrides that may be necessary. The legislature will recess on Tuesday, March 16 and will reconvene on Monday, March 29. During the recess period, the Governor will have time to consider bills that have arrived on his desk. He may sign them into law, allow them to become law without his signature, or veto them. Two days of the session will remain upon lawmakers’ return at the end of the month, as we are required to conclude the session before April 1 per the Constitution of Kentucky. Those two days will provide the legislature time to pass additional legislation and override potential vetoes.

The governor’s most recent vetoes were on Senate Bill (SB) 3 and House Bill (HB) 6. The House and Senate overrode those vetoes last Thursday. They become enacted law upon their filing with the Secretary of State’s Office.

SB 3 moves the Governor’s Office of Agricultural Policy under the Kentucky Agriculture Commissioner’s Office’s jurisdiction. This bill has been introduced a couple of times in the past and under both a Republican and Democratic governor. In the Governor’s veto message, he argues that the bill is unconstitutional because it gives the Agriculture Commissioner authority to appoint members of the Kentucky Agricultural Development Board and the Agricultural Finance Corporation. This argument becomes a moot point because SB 3 statutorily detaches the boards from the Governor’s Office and places them under the Agriculture Commissioner’s Office. The legislature has the sole authority under the Constitution of Kentucky to reform law. Moving these critical boards under the Commissioner of Agriculture’s authority streamlines our efforts to strengthen Kentucky agriculture and help our farmers. The office’s official role is to promote interests of agriculture and horticulture, agricultural revenues, and the protection of Kentucky’s livestock industries.

HB 6 gives teeth to an already existing legislative committee that would become the Legislative Oversight and Investigations Committee with this bill’s passing. It codifies subpoena powers, provides the committee with the ability to maintain the confidentiality of investigative documents, and imposes fines on those in non-compliance with the committee’s efforts.

Other bills that are now with the Governor for consideration included a bill I was proud to be the primary sponsor of, SB 133. Additionally, SBs 12, 71, 93, 141, 168, and more were delivered to the governor. Some of these were outlined in my previous legislative updates. You can find more about all of these and the numerous other bills nearing their way to the governor’s desk by visiting legislature.ky.gov.

I was honored to give my first testimony before a House committee on behalf of SB 215, which I also sponsor. It establishes an office of safety within the Office of the Secretary of the Kentucky Transportation Cabinet. The bill passed the House on Friday and was sent to the governor for his consideration.

Additionally, I am proud to sign on as a co-sponsor of SB 237 with my colleague David Yates. The bill has been assigned to the Judiciary Committee. It is smart on crime measure to allow a court to waive fees for people who are simply incapable of paying them. Judges would be able to make these determinations on a case-by-case basis. I am happy to support this measure, and I appreciate Senator Yates for bringing a bipartisan bill forward and working with me on this legislation.

Significant steps were taken regarding the one-year State Budget this past week. Last year was the first year in our state’s history that a one-year budget will be passed. We are required to do so again this year. Biennial budgets, or two-year budgets, are traditionally enacted in even-numbered years, the 60-day regular sessions of the General Assembly. As the budget was being crafted last year amid the pandemic’s onset, legislators did not know what the economic outlook or state revenues would be. It was determined to pass only a one-year budget with so many unknowns, then return to the 30-day session this year to pass another. Out of an abundance of caution, this year’s budget will look similar to last year’s budget.

The 2021 Budget Conference committee met to publicly review and discuss decisions regarding the Governor, House, and Senate budget proposals. The committee consists of House and Senate Majority and Minority Leadership and Appropriation and Revenue Committee Chairmen of both chambers. The Governor’s State Budget Director, John Hicks, visited with the Budget Conference Committee. He provided some insight into “The American Rescue Plan Act of 2021,” which Congress recently passed.

It appears around $5 billion in various forms of aid will be provided to the state and individuals here in Kentucky. This includes stimulus payments and extended unemployment funding. Our state government will receive approximately $2.4 billion and local governments $1.6 billion, respectively. While this is a significant investment for our state, we must remember these are one-time dollars. Once utilized, they are gone. The General Assembly will take a responsible and conservative approach to using state revenues as we continue to work through a time of uncertainty. You can find the archived video of budget conference committee meetings by visiting ket.org/legislature/archives.

I know many still suffer from the impact COVID-19 has had on our physical and emotional health and our economy. A recent report from the Kentucky Education and Workforce Development Cabinet shows that our state unemployment rate more than doubled to 6.6 percent during the pandemic and economic shutdowns. According to the Director of the University of Kentucky’s Center for Business and Economic Research, the report’s numbers likely do not reflect the true magnitude of the impact the last year has had on the jobless rate and unemployment. Between March and April of last year, unemployment spiked to almost 17 percent. We are still feeling the effects of the influx of claims as the Labor Cabinet continues to struggle to process them.

Constituents are still sharing frustrations with legislators, indicating that they cannot connect with anyone at the Labor Cabinet to assist them with their claims. Unfortunately, the unemployment claims process is solely an executive branch function. I want to personally thank the fantastic Legislative Assistants and Legislative Research Commission (LRC) staff who are doing their best to field the thousands of calls from constituents, taking down information, and forwarding it. They genuinely are unheralded assets to our state.

However, the bottom line is that members of the legislative branch, including staff, do not have access to the unemployment system to process a claim or even view its status. Ultimately, authorized staff within the Kentucky Labor Cabinet will have to get through the backlog of claims that still exist. Requests for assistance with your claim are best directed to the Labor Cabinet. The legislature has done all it can to assist, such as recently passing SB 7, which gives the Secretary of the Labor Cabinet authority to forgive requirements that people pay back benefits mistakenly given to them and that they did not qualify for. Additionally, last year, the legislature offered the assistance of 100 LRC volunteers to help with unemployment claims, but that offer was declined. I encourage you to keep in good spirits. I am hopeful that with a decline in COVID-19 cases, regional unemployment offices will reopen soon for in-person appointments. Please take a moment to visit the Kentucky Career Center website at kcc.ky.gov to view phone appointment availability. Appointments may be scheduled at telegov.egov.com/LC_UI.

If you are among those who qualify for the most recent stimulus checks, you can view the status of yours by visiting irs.gov/coronavirus/get-my-payment and clicking on the blue “Get My Payment” tab in the middle of the page. It is essential that you know the IRS will use the most recent tax returns to determine who is eligible for the new stimulus, so if you have been unemployed, had a child, or lost income in 2020, you should file your taxes as soon as possible. Based on early information, it appears that citizens who have a banking account on file with the IRS will receive their payments first. Due to an IRS error, some stimulus payments from earlier this year were first sent to people’s tax preparation companies they used to file their taxes. This caused a lot of confusion, and the tax preparation companies such as H&R Block and TurboTax had to process millions of checks. Hopefully, this will not occur again, but as you watch for your payment, please keep this in mind.

I continue to keep those impacted by recent weather events in my prayers. It has been inspiring to see communities and the whole state come together to support those in need. Please remain patient as assessments of damage are done by the state to determine our unmet needs. Once preliminary damage assessments are conducted by federal, state, and local officials, the Governor can submit a declaration request to the regional Federal Emergency Management Agency (FEMA) administrator. The president can decide whether or not to grant it.

I want to congratulate Ms. Carmen Souder, an educator in  Laurel County Public Schools at Cold Hill Elementary, for moving one step closer toward appointment to the Education Professional Standards Board. I was honored to testify in support of Ms. Souder before the Senate Education Committee regarding her appointment in Senate Joint Resolution 97. That resolution now moves to the House for further action. When fully passed, it would confirm her appointment to the board. I wish her well in her role.

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.