March 5, 2021
We are now in the closing days of the 30-day 2021 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, which is 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 immunocompromised people as well as contributing 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 stretching across Kentucky received between 4 ½ to 5 ½ inches of rain. It was indeed a “perfect storm” as we received record levels of rain on top of melting ice.
I joined fellow legislators who are members of the Mountain Caucus for a meeting 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. I want to thank the administration for their care and attention to those impacted by these terrible storms. They are requesting that everyone who has been affected to document and take pictures that can be used to assess the damage.
The Kentucky National Guard has been activated to assist those affected, and assessments will eventually be conducted by the Federal Emergency Management Agency (FEMA). If you have been personally impacted, please look for updates on assistance opportunities by visiting fema.gov/locations/kentucky. In case of an emergency, make sure you call 9-1-1, but you cancontact 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.
Kentucky Emergency Management (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 1-800-255-2587. Our Area 8 KYEM office can be reached by phone at 606-435-6012 or 606-434-7325. I pray for the safety and well-being of all who have been impacted by recent weather.
A Senate chamber report includes passage of several bills, a few in which I was proud to sponsor and co-sponsor.
SB 126 codifies the governor’s executive order moved the Unemployment Insurance Office from the Education and Workforce Development Cabinet to the Kentucky Labor Cabinet. SB 147 redistribute powers and responsibilities from the Facilities Division of the Department of Military Affairs to the Department’s adjutant general. I was the primary sponsor of both of these bills. They also made further traction by passing out their respective House committee.
SB 53 is a bill I signed on as co-sponsor of. It allows part-time adjunct instructors 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 99 authorizes the construction of certain facilities without the supervision of a licensed architect or professional engineer, provided the work is performed consistently with the United States Department of Defense Building Code. The bill would relate only to facilities used in the furtherance of security or defense contracts, grants, or agreements with the United States federal government located on property owned by the Commonwealth.
SB 105 establishes guidelines for filing and serving a petition for the appointment of a person responsible for the possession, repair, and preservation of an abandoned and unsafe property. The bill also outlines the procedure for hearing a petition, defines the powers and duties of a conservator, and puts in place standards for the termination of a conservatorship.
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 students’ requests or none at all.
The past year has been tough on so many, but Kentucky students have significantly been negatively impacted. A recent report from the Lexington Herald-Leader 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 almost over now. For the most part, all of the 2020-21 school year has remained virtual, and while districts, teachers, and parents or guardians have done their best, distance learning has been inadequate for many of our kids. 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 will have 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 KentuckyLabor 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 165 requires the link to a legal advertisement or notice website that the local government electronically publishes to be no more than 30 characters in length and in easy-to-understand terms.
SB 172 requires people 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 12 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 212, also known as the “Kara Beth Adair Wilson Act,” requires the various Kentucky retirement systems to develop an electronic method to which future changes to beneficiary designations for all members and new member forms, including beneficiary designation forms, must be submitted.
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 whom 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.
SB 255 relates to an emerging industry of commercial mining of cryptocurrency, as it provides incentives for this new and advanced technology in the Commonwealth by allowing a minimum investment of $1 million to qualify for incentives.
HB 7, a House priority bill, was among bills that made final passage in the General Assembly and have 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 12 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. Itaddresses the issue of getting our students back into schools amid the COVID-19 pandemic. Under this bill, local school districts MUST offer at least a hybrid schedule to attend in-person classes a minimum of four days a week on a hybrid schedule by March 29, 2021. Districts can still offer virtual or remote learning for students whose Parents/Guardians provide written requests due to COVID-19 concerns.
Last spring, the General Assembly passed legislation to give the Kentucky Department of Education and local school districts funding flexibility to operate amid the pandemic by temporarily changing many state regulations. HB 208 continues this flexible funding mechanism for the remainder of the 2020-21 school year only.
As a society, we have figured out a way to open restaurants, shopping malls, and movie theaters safely. It is time we finally do the same for Kentucky’s youth by prioritizing a pathway to normalcy for our schools.
It is an honor to represent the 31st District in the Kentucky State Senate. Should you have any comments or concerns about these issues or any other public policy issue, please do not hesitate to contact my office. You can reach my office toll-free at 502-564-8100 Ext: 714 or by emailing me at phillip.wheeler@lrc.ky.gov. God bless.
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Note: Senator Phillip Wheeler (R-Pikeville) represents Kentucky’s 31st State Senate District, which includes Elliott, Lawrence, Martin, Morgan, and Pike Counties. Senator Wheeler is Vice-Chairman of the Senate Standing Committee on Economic Development, Tourism, and Labor. He also serves as a member of the Senate Standing Committees on Transportation, Natural Resources and Energy, Judiciary, and State and Local Government. Additionally, he is a member of the Capital Planning and Bond Oversight Statutory Committee. For a high-resolution .jpeg of Senator Wheeler, please visit:https://legislature.ky.gov/Legislators%20Full%20Res%20Images/senate131.jpg
Once again nothing about trying to fix the worker’s compensation