LEGISLATIVE UPDATE: General Assembly enters second half

After a long weekend dedicated to observing Presidents' Day, the Kentucky General Assembly returned to Frankfort on Feb. 20, energized and ready to tackle the second half of the 2024 Regular Session with renewed enthusiasm and a few extra cups of coffee. The deadline for bill filings is approaching, so all proposals for consideration in Frankfort will be known by the close of next week.

Before getting into bills approved by the Senate in week eight, I want to let you know I recently introduced the Clean Slate Act. As an attorney and senator for a region growing economically, I find it essential to embrace second chances of those who have paid their dues for certain offenses currently eligible for expungement. Reintegrating them into their families and our society is good for them and our workforce. The Clean Slate Act would automize the expungement of certain records that already qualify for the expungement. This could save taxpayer money and reduce workloads on local offices and the Kentucky State Police. I hope to see the bill, Senate Bill (SB) 218, eventually pass. Mirror legislation was filed in the House, so I would happily see either become law. I recently connected with Spectrum News to talk about the Clean Slate Act. You can find the report on their website.

Bills passed this week in the Senate include:

As vice chair of the Senate Transportation Committee, I was glad to sign on as a co-sponsor of SB 91, which would streamline Kentucky driver's licensing services by mandating the establishment of at least one regional office in each senatorial district by July 1, 2025. The bill would allow county clerks to choose to provide operator's licenses or personal ID cards. It would also permit third-party entities to issue licenses, with associated costs and a potential convenience fee. Additionally, the bill would initiate a Kentucky State Police pilot project for skills testing. The pilot program would operate from Sept. 1, 2024, to June 30, 2026. The legislature has taken several steps to alleviate stresses on Kentucky residents who sometimes have to travel long distances, missing work or school, to get a driver's license or take a skills test. Measures we've put in place previously include mail-in renewals, online applications for renewals, and pop-up driver's licensing services in counties without a regional office. The state transitioned into a regional model in response to the federal REAL ID law that circuit clerk offices were not technologically equipped to carry out. I am hopeful this bill will further improve access to these important services.

I co-sponsored SB 45, which, if enacted, would establish the Kentucky Ashanti Alert System to promptly alert the public when a missing adult is believed to be in immediate danger of abduction or kidnapping. Developed by the Kentucky State Police (KSP), it would utilize existing resources like electronic highway signs and the Amber Alert System. The system would encourage law enforcement cooperation, operate within existing budgets, and activate based on KSP's assessment for public safety and secure recovery.

Another bill I co-sponsored was SB 48, which would increase the time in which two separate offenses of theft by unlawful taking must occur for the offenses to be combined and the value of the property aggregated to determine the appropriate charge.

SB 162 is a measure I co-sponsored, which would facilitate access to vehicle history and accident reports for consumers considering purchasing a vehicle. The bill would allow law enforcement agencies to retain and provide these reports to interested parties, enhancing transparency and consumer confidence in the used car market.

I was also a co-sponsor of SB 131, which addresses the tricky business of manipulated content through the rapid rise of artificial intelligence (AI). This includes altered videos or audio in political messages during elections. The measure aims to ensure more honest and fair elections. It would allow for a candidate whose appearance, action, or speech is altered through altered media in an electioneering communication to seek legal action and damages, developers and owners of the software, and the individual or entity responsible for creating the content. The bill defines electioneering communication as any communication broadcast, mail piece, or telephone call that refers to any candidate for any state, county, city, district office, or ballot measure. It also defines "synthetic media" as an image, audio or video recording of an individual's appearance, action, or speech intentionally altered with AI software and bars its use in electioneering without disclosure.

SB 14 would address Kentucky Cosmetology Board issues and remove barriers for nail technicians. The legislation would mandate a warning notice before an immediate salon shutdown unless there's an immediate public health threat. It would require detailed violation descriptions and specific remedies in the notice. SB 14 would also mandate administrative hearings post-emergency order for salons to resume operations. Additionally, the bill would add two new board members—an esthetician and a nail technician.

SB 65 would nullify administrative regulations found deficient by the Administrative Regulations Review Committee in 2023. It would prevent any administrative body from creating similar regulations until 2025.

SB 71 would create a public safety measure that would provide transportation services for individuals who wish to leave a chemical dependency treatment program voluntarily. The bill would put safety provisions in place, such as requiring family, court, county attorney, and local law enforcement notification that a resident has left the treatment facility and ensuring the individual is only transported to their home residence, a public transportation location, or a ride-sharing service.

SB 74 would establish a state maternal fatality review team to enhance the monitoring of child and maternal fatalities. It would define the team's jurisdiction and require cooperation with an external child fatality review panel. Additionally, it would direct the Cabinet for Health and Family Services to publish an annual report on hospital delivery procedures starting December 1.

SB 89 would mandate the Department for Medicaid Services and any managed care organization contracted for Medicaid services to offer coverage provided by licensed certified professional midwives. The aim would be to ensure that certified professional midwifery services are included in the scope of Medicaid coverage and allow for the pursuit of federal approval when required. The Cabinet for Health and Family Services or the Department for Medicaid Services must seek federal approval if they determine it necessary to implement this coverage.

SB 107 would address various transportation issues, including restricting semi-trucks from the left lane except in certain conditions, streamlining commercial vehicle registration, enforcing towing regulations, adding organ donation information to driver education, and allowing for adjustments to certain fees.

SB 126 would propose amending the Constitution of Kentucky to limit a governor's ability to issue pardons or sentence commutations before an election. The aim would be to enhance accountability and prevent potential misuse of executive power during sensitive political periods. If passed by the House with the approved three-fifths majority, it would move to a future general election ballot.

SB 140, addressing COVID-19-related unemployment insurance benefit overpayments (Jan. 27, 2020 through Dec. 31, 2020), would require the Secretary of Education and Labor Cabinet to send new notices by July 1, giving recipients an additional chance to request a waiver. Recipients would have one year from the notice to request a waiver, ensuring a hearing. The bill would allow reimbursement if recipients prove entitlement to the waiver based on specified statute standards.

SB 155 would implement the first total update to bring the Uniform Commercial Code into the digital world. The bill would establish new rules for commercial transactions to ensure interstate commerce operates efficiently. It would create a new Article 12 that governs controllable electronic records. It would address new forms of collateral, including cryptocurrency and non-fungible tokens. The bill would clarify that nothing in it should be construed to support, endorse, create, or implement a national digital currency.

SB 163 would permit local authorities to opt for cremation as a cost-saving measure for unclaimed deceased individuals under their care. The bill would offer flexibility to manage such situations efficiently while potentially reducing financial burdens on local governments.

SB 191 would make minor adjustments to Kentucky's public postsecondary education system's performance-based funding model. The bill would redefine non-traditional age students as individuals aged 25 to 64. The aim would be to narrow achievement gaps by enhancing credential and degree attainment in this demographic. Proposed changes include revising funding percentages for public universities, introducing a weighted premium for credentials aligned with the state's economic needs in the Kentucky Community and Technical College System (KCTCS) funding formula, and incorporating nontraditional-age students into outcomes credit. The Council on Postsecondary Education would be directed to implement these changes by April 1 with an emergency declaration for immediate enactment upon filing with the Kentucky Secretary of State's Office.

Find the status of legislation by calling 866-840-2835, legislative meeting information at 800-633-9650, or leaving a message for lawmakers at 800-372-7181. You can watch and follow legislative activity at KET/org/legislature and Legislature.ky.gov.

Thank you for your continued engagement in the 2024 Regular Session. It is a privilege to represent you in Frankfort.