Odd year sessions are limited to 30 days and the General Assembly must adjourn by March 30 as opposed to even year sessions that have 60 days with adjournment no later than April 15. The first week of an odd-year session is usually reserved for organizational work but because of these unsettled times bills were brought forth, voted on, and sent to the Governor for his action. A number of bills were passed during the week and I will address four (4) of them in this update.
The first bill passed by the House this session was House Bill 1 (HB-1). HB-1 is aimed at keeping businesses, schools, nonprofits, and other organizations safely open during the remainder of the pandemic that was brought to our shores by China. HB-1 provides clarity and reassurance for businesses, schools, parents, and nonprofits. It would allow any of these entities to remain open and operational if they follow a comprehensive operating plan detailing how they will adhere to safety guidelines established by either the Centers for Disease Control and Prevention (CDC) or the executive branch, whichever is least restrictive. HB-1 also prevents the Cabinet for Health and Family Services (CHFS) from restricting, modifying or suspending in-person non-custodial parental visitation for children in state care. Furthermore it requires the CHFS to establish guidelines for long-term care facilities that choose to allow in-person visits if it is deemed necessary to the residents’ health and mental well-being. I voted YES, HB-1 passed the House, and was sent to the Senate for its consideration where it also passed. It has been sent to the Governor for his action.
In the 2020 session the General Assembly passed a bill giving the Attorney General authority to regulate abortions, but the Governor vetoed the bill and there was no time for the legislature to override his veto. This year’s House Bill 2 (HB-2) does the same thing. It gives the Attorney General rather than the CHFS the authority to enforce the Commonwealth’s abortion laws and to seek both criminal
and civil penalties for any violations of these laws. In addition, the bill defines abortions as elective procedures rather than essential procedures as the Governor has mandated during the pandemic. I voted YES, HB-2 passed the House, and was sent to the Senate for its consideration where it also passed. It has been sent to the Governor for his action.Senate Bill 1 (SB-1) is a bill that limits the Governor’s power – that of the current Governor and all future Governors - during emergencies such as the current pandemic. The original language in SB-1 was amended several times before it was finally passed in the Senate. The version that came to the House for its consideration was also amended. One House amendment ensured that in an emergency any property taken for use as a result of the Governor’s orders can only be for the duration of the emergency, only for public use, and that any goods taken as a result of the Governor’s orders can only be taken during the time that there is a shortage of goods. Another House amendment limits emergency Executive Orders, administrative regulations, or other directives issued by the Governor that effect local governments to 30 days and specifically asserts that governmental entities may not impose restrictions on peaceable assembly or worship.
As a result, the final language of SB-1 better defines limits of executive authority during States of Emergency. SB-1 balances the need for Kentucky to act quickly in an emergency while ensuring that a Governor does not overstep the boundaries of executive branch authority. The measure limits to 30 days any Emergency Orders issued by a Governor that place restrictions on the functioning of schools, colleges, private businesses or non-profits, political, religious, or social gatherings, places of worship, or imposes mandatory quarantine or isolation requirements. It also keeps a Governor from issuing another Emergency Order based upon the same or substantially similar facts and circumstances as the original order unless there has been prior approval of the General Assembly. Additionally, the General Assembly, by joint resolution, may terminate a declaration of emergency at any time. I voted YES, SB-1 passed the House and was sent to the Senate for consideration of the House amendments. The Senate agreed to those amendments and SB-1 has been sent to the Governor for his action.
Senate Bill 9 (SB-9), known as the “Born Alive Act” states that medically appropriate and reasonable life-saving and life-sustaining medical care and treatment must not be denied to any infant who is born alive. A born-alive infant may not be deprived of nourishment with the intent to cause or allow the death of the infant. It prohibits a person from denying or depriving a born-alive infant of medically appropriate and reasonable medical care, medical treatment, or surgical care. It requires a physician performing an abortion to take all medically appropriate and reasonable steps to preserve the life and health of a born-alive infant.
SB-9 specifies that if a physician chooses not to perform those duties, then an attending physician assistant, advanced practice registered nurse, nurse, or other healthcare worker shall assume those duties. It mandates that a born-alive infant shall be treated as a legal person under the laws of the Commonwealth and specifies that any born-alive infant whose parents file a petition for voluntary termination of parental rights shall become a ward of the CHFS. It specifies that the law shall not be construed as preventing a born-alive infant's parent or guardian from refusing medical care that is not medically appropriate or reasonable.
SB-9 further specifies that the parent or guardian of a born-alive infant shall not be held criminally or civilly liable for the actions of a physician, physician assistant, advanced practice registered nurse, or other healthcare provider that acted without his or her consent. It also provides for civil and administrative penalties for violations of this Act. Among other penalties, any violation by a medical provider could result in felony charges. I voted YES and SB-9 passed the House. Since it had already been passed by the Senate it has been sent to the Governor for his action.
Based on past actions and statements by Governor Beshear, it is my expectation that he will veto these four (4) bills as well as the other bills passed and sent to him. I am confident, however, that all will be overridden in both the House and Senate and ultimately become law.
As always, thank you for reading my updates and thank you for contacting me with your concerns and thoughtful suggestions. It is a privilege to represent you in the Kentucky House of Representatives and your input helps me make decisions that best represent the views of the Fourth District. I may be reached through the toll-free message line in Frankfort at 800- 372- 7181, directly at 502- 564- 8100, by visiting the Kentucky Legislature Home page at legislature.ky.gov and clicking on the Legislature button and then the contact a member link, or by mail to the Capitol Annex –Frankfort, KY 40601.
