As legislature heads into home stretch, here’s some of what remains to be done

FRANKFORT — With eight days left in this session and a slew of decisions pending, the Kentucky House and Senate reconvene Thursday afternoon after a three-day break.

High on lawmakers’ to-do list will be finalizing the next two-year state budget.

The Senate also must consider changes to the tax code approved with little public notice by the House last week after Rep. Jason Petrie, chairman of the House budget committee, converted House Bill 8, an 11-page “shell bill,” into 124 pages of wide-ranging provisions affecting state revenue.

One of the provisions would pave the way for income tax cuts in future sessions by changing the 2022 law that created a process for determining when the state can afford additional reductions. Republicans lowered the rate in 2022 and 2023 in hopes of eventually eliminating the state income tax.

The 2022 law prevented another cut this year because one of its two fiscal metrics was not satisfied. Petrie’s tweaks would make it easier to trigger consideration of reductions in the income tax rate by the legislature in the future.

League of Women Voters asks that public have 24 hours to review budget

Study: Kentuckians increasingly excluded from lawmaking process by fast-track maneuvers

Leaders from both chambers met in a budget conference committee earlier this week to begin hashing out differences in the two spending plans.

Among other sticking points, negotiators must agree on the level of state support to help Kentucky’s beleaguered child care providers survive the end of federal pandemic aid. The Senate also has proposed spending more of the state’s record surplus on projects than has the House.

On Wednesday, the League of Women Voters of Kentucky called on the legislature to “ensure the public has at least 24 hours to review” the negotiated budget bills before the House and Senate vote on them. The League last year released a study showing the  General Assembly in the 21st century has increasingly fast-tracked bills, using maneuvers that shut out citizens from participating in the process.

Lawmakers also must decide which constitutional amendments to put to voters in November. Four amendments are allowed on the ballot every two years. Two amendments already have been approved by both chambers: One would allow the General Assembly to fund nonpublic schools with public dollars. The other would preempt those who aren’t U.S. citizens from voting in Kentucky elections. 

Still up in the air is a Senate bill that would tie Kentucky to coal-generated power over the objections of environmentalists and the state’s investor-owned utilities. It’s awaiting action in the House.

A House bill that critics say would put a gaping loophole in the state’s open records law is awaiting action in the Senate.

Both chambers have voted to limit diversity, equity and inclusion efforts at Kentucky’s public universities and colleges. The House version went further than what was passed by the Senate, which now must consider the House overhaul of its bill.

Plus, for the first time, under a law enacted last year, the Senate must confirm an education commissioner, which it is expected to do before the session ends. The state Board of Education began contract negotiations with its choice for the post on Monday without saying which of three finalists it is.

What’s moving, what’s not

So far, both the House and Senate have approved a sweeping crime bill that will mean much longer sentences before Kentuckians convicted of violent crimes can be considered for parole, as well as create new crimes including “unlawful camping” which critics say will criminalize homelessness.

Proposals that have yet to make it out of the starting gate include adding exceptions in cases of rape and incest to Kentucky’s abortion ban, establishing protections for in vitro fertilization, making substantial changes in certificate of need laws and Democratic Gov. Andy Beshear’s requests for an 11% raise for public school employees and funding universal pre-kindergarten. 

Beshear has vetoed one bill that preempted local governments from outlawing housing discrimination based on a renter’s source of income. The Republican-controlled legislature quickly overrode Beshear’s veto.  

Here is a rundown of where some bills stand as the session nears an end:

Child care 

Lawmakers in the House and Senate have filed bills aimed at addressing Kentucky’s child care crisis. 

The largest of those proposals, Sen. Danny Carroll’s Horizons Act, has passed a Senate committee but has not yet been considered on the floor. 

Another bill, which originated in the House and encourages local governments to examine available zoning for child care centers, is much closer to getting through the legislative process. House Bill 561 has passed the House and a Senate Committee, and can proceed to the Senate floor. 

The House and Senate are in talks over a compromise budget, so the final investment into child care is not clear. 

Abortion 

Democrat and Republican bills seeking to reform Kentucky’s strict abortion bans — including adding exceptions for rape and incest — have failed to advance. 

Senate Bill 99, filed by Democrat Sen. David Yates to add rape and incest exceptions to the ban, hasn’t received a committee assignment. Likewise, Democrat Rep. Lindsey Burke’s House Bill 428 to restore abortion access did not get a committee assignment. 

On the Republican side, Rep. Ken Fleming filed House Bill 711 to both add rape and incest exceptions as well as clarify that physicians could treat ectopic pregnancies, incomplete miscarriages and lethal fetal anomalies. His bill has not received a committee assignment. 

IVF 

Two Democrats and a Republican filed bills seeking to protect access to in vitro fertilization following an Alabama Supreme Court ruling that frozen embryos are children. 

Those bills have stayed stagnant, though. Sen. Cassie Chambers Armstrong’s Senate Bill 301 was sent to the Judiciary Committee on February 29, but has not received a hearing. Sen. Whitney Westerfield’s Senate Bill 373 was sent to the Health Services Committee on March 1 but has not moved further. Louisville Democrat Rep. Daniel Grossberg’s House Bill 757 has not been assigned to a committee. 

Certificate of Need 

As of March 12, none of the bills seeking to reform Kentucky’s certificate of need laws (CON) have received a floor vote. 

In the House, these bills have not moved: 

• HB202 – Stuck in Committee on Committees since Jan. 9. 
• HB203 – Stuck in Committee on Committees since Jan. 9. 
• HB204 – Was sent to Health Services, where it failed to pass on March 21. 
• HB199 passed a committee, and is awaiting floor vote while the sponsor works with the Kentucky Hospital Association to address its concerns. 

In the Senate, these bills have not moved: 

• SB137 was sent to Health Services but has been stagnant since Jan. 29. 
• SB305 was sent to Health Services and has been stagnant since Feb. 29. 
• SB103 was sent to Health Services but has been stagnant since Jan. 12.  

A resolution seeking to reestablish the Certificate of Need Taskforce, which in 2023 studied the issue but concluded that it needed to study it further, was filed on Jan. 4. It was immediately sent to Health Services, where it has stayed since.

Education

Many education bills are awaiting action in the legislature.

In the Senate, these bills have not had committee hearings: 

• SB 205, a bill that would give Kentucky public school teachers up to 20 days of maternity leave. 

In the House, these bills have not had committee hearings: 

• SB 1, which sets up an endowed fund for collaborative research between public universities 
• SB 2, a continuation of a 2019 school safety act that aims to provide more access to mental health resources while also allowing schools to hire “guardians” to fill vacant school resource officer positions, has not received a committee hearing
• SB 8, which would create partisan elections for the Kentucky Board of Education
• SB 4, which changes how teachers would be paid for sick days upon retirement. 

Government

Lawmakers have proposed several changes to state and local government processes. A House bill filed after U.S. Senate Republican Leader Mitch McConnell announced his plans to step down from the role passed out of the Senate State and Local Government Committee Wednesday. The legislation, HB 622, would allow winners of special elections to fill U.S. Senate vacancies to fill unexpired terms. 

That same committee also forwarded HB 513, a bill that gives the General Assembly oversight over permanent displays in the Capitol Rotunda, including statues. 

In the House, these bills have not had a committee hearing: 

• SB 10, which would propose a constitutional amendment to move Kentucky’s statewide elections to coincide with presidential elections.
• SB 80, which would remove university-issued ID cards as a primary form of voter identification. 
• SB 126, which proposes a constitutional amendment to limit governors’ pardon and sentence commutation powers around elections
• HB 4, another constitutional amendment that would allow the General Assembly the power to call itself into a special session 

In the Senate, these bills have not had a committee hearing so far: 

• HB 509, a bill that advocates warn could add loopholes to state open records laws, has not had a committee hearing
• HB 626, which would make interrupting legislative proceedings a crime. 

Energy, environment

Having already been passed by the Senate and under consideration in the House, SB 349, backed by Senate President Robert Stivers, would create new barriers to utilities retiring fossil fuel-fired power plants, something environmentalists and utilities alike say could burden ratepayers with the cost of keeping open aging, uneconomical coal-fired power plants. Stivers, R-Manchester, and bill sponsor Sen. Robby Mills, R-Henderson, have argued the bill is needed to protect the reliability of the electricity supply, an assertion rebuffed by utilities. 

Another coal-related bill, under consideration in the Senate after having passed the House, would weaken a key workplace protection for miners, according to a coal mining safety advocate. HB 85 needs a favorable vote from the Senate Natural Resources and Energy Committee and by the full Senate before reaching Beshear’s desk to be signed or vetoed. Sponsor Rep. Bill Wesley, R-Ravenna, has argued the legislation is needed to help smaller mines operate consistently. 

In the House, these bills or resolutions need a committee hearing or a vote by the full House: 

• HJR 121, which would declare Kentucky “a sanctuary state from the United States Environmental Protection Agency’s overreaching regulatory actions on fossil fuel-fired power plants,” still needs a committee hearing.
• HB 141, which would allow water utilities to opt out of a long-standing mandate of drinking water fluoridation, hasn’t had a full vote by the House. 
• SB 16, characterized by critics as “ag-gag” legislation that would criminalize the operation of a drone with recording equipment over meatpacking plants without the consent of the plant’s owner, needs a full vote by the House. 
• SB 198, which would create a new research authority dedicated to advancing nuclear energy in Kentucky, still needs a vote by the full House. 
• SB 215, which would prohibit any Kentucky agency from enforcing or adopting emissions standards “that are identical to the standards established by the State of California pursuant to the Clean Air Act,” still needs a vote by the full House. 
• SJR 149, which would direct the Kentucky Energy and Environment Cabinet to “provide guidance and consultation on best management practices” with per- and polyfluoroalkyl substances, commonly known as PFAS or “forever chemicals,” for “entities that discharge directly or indirectly into Kentucky’s waterways,” still needs a vote by the full House. 

In the Senate, these bills or resolutions need a committee hearing or a vote by the full Senate:

• HB 136, which would curb the power of Louisville’s air pollution regulatory agency to issue fines, could be voted on by the full Senate this week and sent to the governor’s desk. 
• HB 583, which would require more local governments to receive a notification of “environmental emergencies” in their jurisdiction, hasn’t been assigned to a Senate committee.
• HB 40, which would create a new board focused on the certification of water and wastewater system operators, needs a vote by a Senate committee. 
• HB 563, which would create a new funding source for economically challenged water districts, needs a vote by a Senate committee. 

A number of bills filed by Republicans and Democrats alike regarding energy and environmental policy haven’t seen any movement. 

HB 180, a bill with bipartisan sponsorship that would create limitations on when utilities could disconnect customers, hasn’t been assigned to a committee. 

HB 398, a bill with bipartisan sponsorship that would exempt small electric vehicle chargers from an existing tax on chargers, hasn’t had a committee hearing. 

HB 445, a Republican-backed bill that would create additional barriers before the state’s utility regulator could retire a fossil fuel-fired power plant, hasn’t been assigned to a committee. 

Economy and Labor

Having been revived by a Senate committee after previously stalling, a bill that would loosen state child labor laws by allowing teenagers to work longer and later hours, HB 255, still needs a vote by the full Senate. The bill sponsor, Rep. Phillip Pratt, R-Georgetown, has argued it will give minors the opportunity to work more, while critics have lambasted the bill as opening the door for more teenagers to be exploited by employers. 

Diaper tax 

Senate Bill 97, which was filed by Sen. Cassie Chambers Armstrong, D-Louisville, would exempt diapers from the sales tax. The bill has bipartisan support, including from Senate Majority Floor Leader Damon Thayer, R-Georgetown. 

It was sent to Appropriations and Revenue on Jan. 10, where it has stayed. It could still be included in the revenue bill, which Chambers Armstrong is hoping for.