Senator Brandon Storm’s Legislative Update (Week 3 of the 2021 Legislative Session)

Week 3 of the 2021 Legislative Session

Following the General Assembly’s constitutionally required recess during a 30-day session, lawmakers returned to Frankfort on February 2 to begin the second half of the 2021 Session.

During the recess period, the governor vetoed six priority bills that the legislature sent him. I outlined those bills in my previous legislative update. They included Senate Bills (SB) 1 and 2, and House Bills (HB) 1, 2, 3, and 5. The policy measures disapproved by the governor consist of language to implement a 30-day expiration of executive orders concerning restrictions placed on schools, businesses, and nonprofits—unless extended by the approval of the General Assembly. The same would go for executive orders that regulate political, religious, and social gatherings or impose mandatory isolation or quarantine requirements.  Many of the vetoes came as no surprise. However, I am grateful to say that SB 9, the Born Alive Infant Protection Act, became enacted law without the governor’s signature.

Fellow lawmakers and I wasted no time upon returning to Frankfort last Tuesday. The House and Senate overrode each of the vetoes mentioned above. These bills had an emergency clause, which means they became immediate law upon the General Assembly’s override of the veto and a signature from the Secretary of State. The governor filed litigation challenging HB 1 and SBs 1 and 2. A temporary injunction was placed on HB 1, enjoining it for 30 days. Challenges to these bills may end up before the Supreme Court of Kentucky.

Important legislative work continued through the recess. The budget conference committee, including members from both the House and Senate, began meeting to work out an agreed-upon budget bill. This vital work of the budget committee will continue into the second part of the session. The same is true in determining an agreed-upon transportation budget bill. I will be keeping you informed on developments.

In the Senate, we passed several bills this week. They will head over to the House for consideration. Bills included:

SB 8—Senate priority legislation that provides exemptions to mandatory immunization requirements during an epidemic based on religious grounds or conscientiously held beliefs. If enacted into law, it would require the Cabinet for Health and Family Services to develop and make available on its website a standardized form relating to exemptions from immunization requirements.

SB 11—provides recourse for property owners to pursue legal action for intentional damages done to rental property. The bill would classify the deliberate or wanton destruction, defacement, and damage to residential rental property as criminal mischief. It also strives to provide landlords with notifications on background checks if a prospective applicant has previously been charged with causing substantial and intentional damage to rental property.

SB 21—allows originating hospitals to voluntarily transport mental health patients to a different hospital or facility upon staff authorization and a patient’s signed written agreement. It would prevent an adult or child patient who has voluntarily been transported from being released during the transport to a receiving facility. The bill would also establish that a qualified mutual health professional may provide outpatient counseling to any child who is age 16 or older.

SB 38—requires the Cabinet for Health and Family Services to implement regulations requiring health facilities to use a smoke evacuation system during any surgical procedure that is likely to produce surgical smoke.  It defines “surgical smoke” to mean the by-product resulting from tissue contact by an energy generating device. The bill’s primary intent is to protect operating room nurses and other personnel, along with patients, from the hazards of surgical smoke.

SB 61—establishes training standards for the staff of personal services agencies and home health agencies that serve patients with Alzheimer’s disease and other forms of dementia. If enacted into law, the bill would improve the care provided to these patients. The hope is that it would also address retention of direct-care staff by better preparing them for job duties—resulting in less stress and dissatisfaction.

In other legislative news, I filed two bills this past week. SB 131 moves the motorcycle safety education program from the Justice and Public Safety Cabinet to the Transportation Cabinet and makes the program available to novice riders. SB 133 would add the Executive Director of the Kentucky Office of Military Affairs as vice-chair of the Kentucky Emergency Response Commission when the chair is absent or incapacitated.

Additionally, I co-sponsored two resolutions last week. Senate Joint Resolution (SJR) 56 would apply Kentucky for an Article V convention to propose amendments to the Constitution of the United States that impose fiscal restraints, limit the federal government’s power and jurisdiction, and limit the terms of office for federal government officials and members of Congress. SJRs such as 56 must pass through both chambers like regular bills. They then enact matters of law not to be made a portion of state statutes.

The other resolution was Senate Resolution (SR) 63, a simple resolution requiring only a vote by one chamber of the legislature. SRs are an expression or request by a legislative body. This resolution would specifically request that President Biden rescind the executive order revoking the Keystone XL pipeline that has already put 1,000 employees out of work and will now never employ the expected 11,000 others that were to come, a loss of gross wages of over $1.6 billion. There are workers from our region that the administration’s decision could negatively impact. Here in the 21st District, we understand the importance of trade occupations such as welding. We need opportunities like these available to the workforce.  I sincerely hope to see this ill-advised decision revoked.

I have enjoyed my first few legislative coffee events in Laurel, Jackson, and Estill Counties. Everyone has been incredibly welcoming, and discussions have been productive. As your State Senator, I believe it is important that I am accessible to my constituents. I have a responsibility to keep the public informed. That would not be possible without the wonderful local media in each county across the 21st Senate District. I thank local newspapers, radio, and other broadcast media for all the great work they do. I am also grateful to each of the local elected officials I have the pleasure of working with and seeing during my visits. Finally, I also want to recognize my State House colleagues from each county who work alongside me to represent you in the State House. They each do an excellent job providing institutional knowledge from that chamber.

I look forward to visiting Bath, Menifee, and Powell Counties soon for a legislative coffee event 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 these plans.

Finally, this past Monday, I had the joy of representing our district on Kentucky Educational Television (KET), where I joined new lawmakers and “Kentucky Tonight” host Renee Shaw. We discussed the ongoing session and policy issues that are currently in the spotlight here in Kentucky. You can watch a replay of the program by visiting https://www.ket.org/program/kentucky-tonight/.

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 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.