Two Lives

The political world was rocked earlier this week when a draft majority opinion, the authenticity of which was subsequently confirmed by the Chief Justice, was leaked to the press.  For those of us in the legal community, any leak from SCOTUS would have been stunning, but a leak on this case, which may upend 49 years of court precedent set by Roe v Wade, was earth shattering.

The pro-life and pro-abortion camps responded swiftly, with either immense joy or apoplectic rage.  I am firmly in the pro-life camp.  I learned of the leaked opinion Monday night at the Alpha Pregnancy Care Center annual fundraising banquet, one of many crisis pregnancy centers across Kentucky.  Moments from the banquet’s conclusion I saw the news break and handed my phone to our keynote speaker; he promptly walked back on stage and in words broken by tears of joy, read the headline to the crowd which responded with a standing ovation.  That moment is one I won’t soon forget.

A room of several hundred people from various faiths stood in united in celebration of the news that a court-made doctrine resulting in the deaths of tens of millions of unborn children may finally be overturned.  Apart from the incalculable human tragedy it brought forth, Roe was poorly decided and wrongly established the “history and tradition” of abortion in our nation prior to 1973.  Even one of the greatest defenders of abortion rights, Justice Ruth Bader Ginsburg, once described Roe as “breathtaking.”

In short, Justice Alito’s draft opinion argues the decision to permit, limit, or prohibit abortion is one that should be left to the elected representatives of the people, not the Courts.  Justice Alito is right.

Quick to criticize Kentucky’s Republican legislature about their position on abortion, the media has adopted popular references to “anti” abortion legislation and abandoning the “pro-life” label we know is the truth.  We vote to limit abortion, and some of us want it banned outright, because we believe there are two lives that must be considered. It is grotesque to perform horrific procedures on a human being that cannot speak for or defend itself. That precious life did not choose under what circumstances it was created, and it should not be murdered by another.  The post-abortive women I’ve spoken to also share their feelings of guilt, shame and emotional trauma they endure having made the decision to end their own child’s life.  Abortion kills one life, and permanently scars another.

Neither the degree of development, nor one’s dependence upon another, has a bearing on one’s right to live. Many argue Republicans only care for lives in the womb, but once they’re born, we lose interest; this theory is as false as it is lazy.  Kentucky Republicans have enhanced our child welfare, foster care and adoption systems, led the nation in restoring dignity for expectant mothers in prison, prioritized mothers in substance use treatment centers, and improved mental health supports and made time for children to start the day with a healthy breakfast in schools,

We can and should do more.  Women and families facing crisis pregnancies, particularly those with low income, need more help, including prenatal and postnatal care.  Adoption should be exceedingly cheap and simple. Biological fathers should also be held more accountable. Kentucky has nearly 9,000 children in foster care today that need loving, permanent homes. Beyond government, each of us should show love and grace to women facing unplanned pregnancies, and those who have already made that life-altering decision. Many women seeking abortions are doing so because they fear the judgment or abuse from their loved ones, school, community, and sadly, even their church.

While we work to make life easier for expecting moms and dads with funding, education and job opportunities, we should always protect the precious lives who cannot speak for themselves.  Protecting those lives is challenging, and for some mothers, carrying the child may be emotionally and physically challenging.  That demands more from us as neighbors, loved ones, and as government leaders, to lighten the burden an unplanned pregnancy creates.  We should never resort to killing an innocent life to do so.  

2021 Extraordinary Session Wrap-Up

The Kentucky General Assembly utilized its authority to shape the state’s response to the pandemic during a three-day extraordinary, or “special,” session ending just before midnight on Thursday, September 9. Upon the Governor’s call for a session, we passed bills in both the House and Senate dealing with many aspects of the COVID-19 pandemic ranging from education to public health to boards and commissions. While no action taken during the pandemic will enjoy universal support, republican supermajorities took a balanced approach by focusing on public health, individual liberties, and localized control.

Recently, the Kentucky Supreme Court ruled that a lower court incorrectly blocked laws passed during the 2021 Regular Session that sought to reasonably limit emergency executive authority.  With that, the legislature used this special session to extend some emergency executive actions and eliminate others. New COVID-19 mitigation strategies were also considered to provide relief to institutions strained by the pandemic, including schools, hospitals, businesses, and nursing homes.

Senate Joint Resolution 1 extended specific executive orders, regulations, and other actions. Of particular note is that we did not implement or permit the Governor to issue a statewide mask mandate. For the purposes of federal funding and other regulations that we viewed as essential, we allowed the state of emergency to remain in effect until January 15, 2022. Also, for the purpose of transparency, we are requiring the Governor and state agencies to put all action taken and permitted under this resolution to be posted in a consolidated format on the Secretary of State’s website.

Senate Bill 1 (SB 1) reaffirmed that there would be no statewide mask mandate in schools but instead left that decision to the local school boards. The goals of SB 1 are to prioritize in-person learning, stabilizing school funding, assist with staff shortages, and create conditions for state and local health departments to support local school districts with their COVID-19 mitigation plans based on their own local data and needs.

Under this legislation, the Kentucky Department of Public Health (DPH) would develop a “test-to-stay” model for school districts to minimize quarantining for non-symptomatic students and staff, encouraging students to be in the classroom as much as possible. Additional language in SB 1 provides that the DPH shall assist local school districts in implementing their board-approved COVID-19 plans, whether it concerns a test-to-stay method, masking guidelines, contact tracing, or quarantining.

In consultation with the Governors’ office and the Kentucky Department of Education, we allowed 20 days of remote instruction. Not to be mistaken as Non-Traditional Instruction (NTI) days, these remote learning days are only permissible for a classroom or school, not an entire district. The intent is to allow room for a targeted response in the event of virus exposure.  In light of critical staffing shortages, SB 1 will make it easier for retired teachers to return to the classroom, in some cases as soon as 30 days after retiring. It also provides temporary revisions for the hiring of substitute teachers, background checks, and school schedules.

Senate Bill 2 concerns one of the most heartbreaking parts of the pandemic, establishing safety protocols for loved ones to visit family members in long-term care facilities. This bill defines criteria for a family or friend to be designated as an essential, compassionate caregiver. SB 2 also encourages vaccinations, COVID-19 testing, and greater access to monoclonal antibody treatments, such as Regeneron. 

A provision of SB 2 provides assistance for health care providers, jails, prisons, homeless shelters, and local health departments in acquiring COVID-19 tests. Another provision will allow paramedics to work in hospitals to help relieve a provider shortage.

Senate Bill 3  will redirect more than $69 million from the federal American Rescue Plan Act to the Kentucky Cabinet for Health & Family Services. The money was left over from the repayment of a federal loan to Kentucky’s Unemployment Insurance Trust Fund that was taken out to cover a surge of pandemic-related unemployment claims.

The money will help health care providers, schools, and others implement provisions of SB 1 and SB 2. These include purchasing COVID-19 tests, establishing regional monoclonal antibody treatment centers, and test-to-stay programs in schools.

Senate Bill 5, wholly unrelated to the pandemic, was an economic development incentive bill requested by the Governor and the Economic Development cabinet to only apply to projects over $2 billion. It will utilize existing programs, however, these incentives will be paid out over time to ensure any project meets the required job and wage targets. Some incentives will be in the form of forgivable loans.

Kentucky is in the running for at least one mega project eyeing Hardin County. Language within SB 5 can be compared to state economic development incentives the General Assembly passed in the late ‘80s, which brought Toyota’s first American assembly plant to Georgetown. It is now the world’s largest Toyota manufacturing facility where the Lexus ES350, Avalon, Camry and some hybrid counterparts are assembled.

SB 3 and SB 5 were signed by the Governor, and vetoes of SB 1 and SB 2 were swiftly overridden. Each bill contained an emergency clause, meaning they became law immediately upon the Governor’s signature or upon the veto override.

The legislative process is more challenging and sometimes more cumbersome by design.  We are obligated to debate and question, ensuring that the voices of every corner of Kentucky are being heard and given consideration rather than being summarily dismissed by a governor whose actions have been consistently inequitable and unconstitutional.  We strive to stabilize the system, and this new legislation is an attempt to do so during these unprecedented times. The General Assembly still faces serious budget and policy decisions in the upcoming 2022 Regular Session. Still, we will remain dedicated to finding the best legislative course of action for citizens across the Commonwealth as we continue to navigate the pandemic. 

Thank you for your questions and concerns. I hope you will remain engaged with legislative happenings for the remainder of the interim by visiting www.Legislature.ky.gov or www.KET.org/legislature. It is an honor to serve you in Frankfort. 

2021 Extraordinary Session Bills

As has been covered widely in statewide and local media, the Kentucky General Assembly has been called into an extraordinary session to address the ongoing COVID-19 pandemic. During the weeks since the Kentucky Supreme Court issued its opinion (in the litigation against the bills passed during the 2021 Regular Session limiting emergency executive powers) once again recognizing the role of the Legislature as the exclusive policy making authority in state government, the leadership in both the Senate and the House have worked together, and negotiated with the Governor’s office, to bring a series of bills forward for the legislature to consider. These bills address a number of issues related to the pandemic, including childcare and school settings, healthcare and healthcare workforce matters, liability protections previously enacted by the legislature, and restoring several (but not all) of the executive actions already taken by the governor that most agree need to be in place for a short while longer.

These bill drafts will be on the legislature’s website soon, but I wanted the public to be able to see them as early as possible. I’ve created the general headings for each of the linked PDFs below to help you locate each bill draft by subject matter.

Note:

1. The economic development bill, known unofficially as BR26 before it gets filed at the start of the Extraordinary Session, is wholly unrelated to the COVID pandemic. This is an economic development bill the Governor has asked us to consider as part of negotiations with a confidential development prospect.

2. The legislative compensation bill, known unofficially as BR19 before it gets filed at the start of the Extraordinary Session, eliminates legislative pay during veto days during Extraordinary Sessions.

How to Respond

Like the rest of the nation, I’ve watched the events of the last few weeks unfold in horror. I certainly am thinking as a citizen, a former prosecutor, and as a senator, about what’s happening, what has gone so wrong, where others have made mistakes, what kind of bills I could file or grant a hearing to to advance the cause of racial equality. But all of those are a distant second place in my mind. I am troubled most about the state of the things as the father of two perfect, funny, loving, very busy, brown children.

I’ve watched our five year old learn about all kinds of things, and we’ve done our best to teach her all the important things in life that all five year olds should know. Above all, we tell her often how much we love her, and how much God — who designed and intended every part of who she is — loves her. We do the same for her two and half year old brother. Hadley, our daughter, became part of our family at birth through a traditional adoption. Hayes became part of our family even earlier than birth through embryo adoption. They are our kids. They know Amanda and me as “momma” and “daddy”. When and how do you tell my brown kids that a part of the world sees them as less than? Our kids are too young to try to explain the unimaginable tragedies of George Floyd, Breonna Taylor and Ahmaud Arbery, but they won’t always be. At some point we’ll have to do what Momma’s and Daddy’s of black and brown kids all over America have to do everyday; break their children’s hearts with the truth. Big parts of this great nation will, seemingly, always view them as inferior to people who look like Amanda and me. Institutions that white people rely upon and trust do not universally favor and work for the good of brown and black kids and adults.

We don’t know how to do it. We don’t want to do it. I said as much to a black friend of mine a few nights ago by text message and he replied simply with “You will find a way. Remember ‘Love never fails.’” He is absolutely right. And while I still don’t know how we’ll do it when the time comes, I pray our love (and we know God’s love) will be sufficient. “Love is patient, love is kind. It does not envy, it does not boast, it is not proud. It does not dishonor others, it is not self-seeking, it is not easily angered, it keeps no record of wrongs. Love does not delight in evil but rejoices with the truth. It always protects, always trusts, always hopes, always perseveres. Love never fails.”

The time to talk to our kids about the world isn’t yet upon us. But there’s nothing from stopping me from taking action right now. Anne Frank wrote in her diary “how wonderful it is that nobody need wait a single moment before starting to improve the world.” I serve in the Kentucky State Senate, and I chair the Senate Judiciary Committee, and the time is certainly ripe for action there. We must be willing to examine the mistakes we’ve made over two centuries in the General Assembly. I must be willing to examine my own failures to push hard enough (or in some cases to act at all) to eliminate systemic inequalities of Kentucky state government. We need to be prepared to listen, and to act.

Over the last few years I’ve tried to advance legislation that would address an issue I didn’t know existed when I first came to the Senate eight years ago: disproportionate minority contact, or “DMC.” But there are other proposals that deserve to be debated. Perhaps we should require a review of enacted bills to verify that it does not have a disproportionate impact on minority Kentuckians. Maybe we should include sunset clauses on bills if a disproportionate impact surfaces. We should eliminate the automatic transfer of juveniles to circuit court as youthful offenders. We should, finally, fully prohibit the use of detention for status offenders. I suspect there is no shortage of legislation we could consider in 2021 and beyond. The use of force, no-knock warrants and body cams are certainly at the front of many minds right now, and for good reason. I don’t have all the answers, and government alone can’t fix every problem, but people across the Commonwealth are sharing ideas and suggestions and we should be willing to consider any that may advance the cause of justice and racial equality.

“How wonderful it is that nobody need wait a single moment before starting to improve the world.”

— Anne Frank

I will not condone rioters and looters and violence, and I will not condone those intentionally inciting and inviting those demons. But peaceful protestors are doing what peaceful protestors have done for generations; peacefully seeking to be heard, peacefully seeking to right a wrong. George Floyd, Breonna Taylor and Ahmaud Arbery are just the most recent, most visible examples of generations of wrongs. James wrote in his letter “...everyone should be quick to listen, slow to speak and slow to become angry...”. I will strive to be quick to listen to those suffering from racial inequality, and do my best to understand their perspective, as much as a white man can. They have this senator’s, this father’s, attention. I may not move the needle much, but as long as our kids see that I’m trying to move it at all, that might make all the difference.

1 Year Budget is Passed

First, I hope this finds you and your family safe and healthy. We’re facing an unprecedented global health crisis, and our normal routines have been upended so dramatically. If you need help, please let me know. You can also reach out to the following local and state resources:

Pennyroyal Center RESPOND hotline (available 24/7/365): 877-473-7766

Kentucky’s COVID-19 Website and hotline: 800-722-5725, or general inquires can be emailed to KYcovid19@ky.gov

Centers for Disease Control and Prevention

When in doubt, call your primary care provider.

Many of you have emailed, messaged or called regarding various items in the budget, and on Wednesday, April 1st, the legislature sent a truncated, one-year budget to the Governor for consideration. Regrettably, this budget is based on revenue projections that no one believes we’ll hit in light of the COVID-19 pandemic. All raises for various state employees that have been discussed have been put on hold. Much needed increases in spending on education and infrastructure are almost entirely delayed. However, we are putting an emphasis on public health, unemployment, and along with several other changes to help all Kentuckians navigate these difficult waters, in Senate Bill 150, Kentucky’s own COVID-19 relief bill that was passed unanimously on March 26th and was signed into law on March 30th. The Executive, Judicial and Legislative branch budgets were all passed to cover spending only for the first half of the biennium. The General Assembly will return for its next regular session in 2021 to prepare a revised budget for the second year of the biennium, ostensibly based on updated economic forecasts. I know we all hope to have COVID-19 well behind us by then.

While the General Assembly currently plans to return for a final day (or possibly two days) in mid-April to consider overriding any vetos and to make final passage of other bills, leadership in both chambers are monitoring the emergency daily. The Kentucky Constitution prohibits the legislature from conducting business in an even-numbered year beyond midnight on April 15th. If we don’t return by then the legislature is adjourned automatically by constitutional mandate.

Unfortunately, with the COVID-19 emergency the legislature has, rightly, decided to recess for as much time as possible to minimize potential exposure to staff and legislators. As a result, many bills that were headed toward more debate and possible passage have fallen to the wayside in the interest of the most important policy work, namely those bills related to budgets, pensions, and public health. I feel confident many of these bills will be filed and pursued again in 2021.

Below I’ve included links to key budget and revenue documents, including a summary of the “main” budget document (Executive branch) to show some of the highlights. If you have questions or if I can help don’t hesitate to reach out. You can email me here, or call my Frankfort office at 502-564-8100.

In the meantime, please remember to maintain physical distance in accordance with CDC recommendations and stay home as much as possible!