Legislative Update from 82nd Rep. Regina Huff

(Editor’s note; This legislative update was submitted by 82nd Rep. Regina Huff on March 30)

Frankfort, like most of the world, is not the same place it was two weeks ago when the governor announced the state’s first confirmed case of the novel coronavirus.  However, we have a duty to this Commonwealth to take care of the business that we are constitutionally mandated to do, and have met to ensure we achieve that required objective.

Regina Bunch Huff is the 82nd District State Representative.

Along with the the constitutional mandate of crafting a budget, the pandemic has brought many needs to the table to be addressed by the General Assembly. Most, if not all, schools in the state are now closed to traditional classes until the end of April, and likely longer. Childcare centers are closing by order of the governor, who over the past few weeks has also restricted service at restaurants, movie theaters, gyms and other businesses, as well as public gatherings, all in response to his declared state of emergency to address the virus known as COVID-19. We, the members of the General Assembly, went to work quickly to address issues that the virus has created, and to assure the public that the state will be doing all we can to assist during this time.

To get an idea of the seriousness of this pandemic, and the unimaginable steps to combat the spread of the virus, not even the state’s primary election and the Kentucky Derby, both held historically in May, have been able to withstand cautionary changes in response to the public health emergency: the election is now postponed until June 23, and the Derby—held continuously each year on the first Saturday in May since 1946 – is rescheduled for Sept. 5. All of this comes as the number of confirmed cases of COVID-19 both nationally and here in Kentucky continues to mount, with public officials at the state and federal levels working diligently to keep ahead of its spread. Government action to slow the damage caused by the virus has been reassuring so far, with more safeguards planned during what remains a very fluid situation.

The Kentucky House for its part this has passed two COVID-19 relief bills: an amended Senate Bill 177, which would provide relief to schools, certified public school teachers, and students affected by interruptions to the school year. This bill gives unlimited NTI days and provides schools with the security that SEEK funding will be calculated at the previous year’s rate. We have also confirmed that all schools will be exempt from federal and state testing requirements for this year. I was instrumental in crafting this legislation for our schools. It was important that administrations, as well as families, have some clarity of what the rest of the school year holds, especially the assessment component.

I also want to commend the local school district employees for their stellar reaction to the changes that came quickly, without much warning. The faculty and staff of each school have been impressive in their efforts to maintain that students continue to have the opportunity to receive assistance on the curriculum if needed, created various means of instruction, crafted content implementation, as well as the preparation and delivery of food across the districts. I have enjoyed all the resources shared on Facebook, as well as the many Facebook live instructional videos. We are blessed to have exceptional education communities in the House of Representatives, 82nd District. I am grateful and blessed that my grandchildren are receiving their education in such high quality schools systems. 

Along with education, we also were able to address needs in the business community. SB 150, was amended by the House to provide economic relief for Kentucky workers, businesses, and taxpayers. Each bill contains an emergency clause, requiring relief provisions to take effect immediately after the bills are signed by the governor or otherwise become law. The measures each moved to the Senate on Thursday on an 84-0 vote, with final passage given to SB 177 in the Senate that evening, the bill was improved on and given final passage on Thursday.

Help at the federal level is also on the way. Congress this week acted swiftly to pass a massive coronavirus relief package — signed by President Trump — that includes provisions for paid emergency leave and other help for Americans affected by the virus. Another phase of federal relief – direct payments to Americans – is in the works, as is a trillion-dollar federal business stimulus package now in negotiations.

There is no denying that Kentuckians are dealing with a situation that most of us have never experienced in our lifetime and will hopefully never experience again. COVID-19 is dangerous, expensive, and expected to stick around for at least several more weeks or months. It is the hope of the Kentucky House that government action taken to date, at both the state and federal levels to slow some of the damage caused by the virus, offers some reassurance to citizens of the Commonwealth, and beyond.

Work on state budget matters also continued through Thursday at the State Capitol. Again, some say we shouldn’t have been in session at all this week, and that point of view is understandable. The reason we continued to meet is that a number of us believed passing a state Executive Branch budget is imperative, and we moved closer to that goal with Senate passage of the budget bill Thursday afternoon.

I have received a lot of correspondence regarding the Senate’s action within the budget process. I understand your concerns, and wholeheartedly agree with each of you. Further, I would never support their attempt to hold hostage the TRS system. There is absolutely no justification for their actions and I have been adamant that there would not be support in the House for their budget.  Once the budget was returned to the House, we overwhelmingly voiced that we would not concur with the Senate’s changes. I have worked hard to ensure that the 82nd district has a voice at the table regarding education, budget, and pension. Upon the House’s refusal to concur, the budget then moved to a Free Conference Committee, where members of both chambers meet to craft a budget that can be supported by both Chambers. Reaching a consensus in no easy task. Further complicating the situation of reaching a compromise, COVID-19, and the economic impact of such an unprecedented situation. A pandemic of this magnitude has a huge adverse effect on projections and the states finances.

When crafting our budget, we planned to the financial consensus projections released in December. We usually lean toward the pessimistic end of spectrum of projections. However, the projections the FCC were provided reflect a much more dire situation than those of December, further complicating the bicameral budget and estimating the dollars available.

After much debate, the FCC has completed the budget, and I must say, I am frustrated, but not devastated. I am grateful that I was given the opportunity to provide input in prioritizing the education and TRS pension components. Moreover, we have left the opportunity to open the budget during the next session when we have a better idea of what the federal assistance numbers of the pandemic reflect. This offers us the opportunity to reallocate funds at that time. At any rate, I am pleased to tell you, the budget that is being printed right now, to be voted on Wednesday, 4/1, does fully fund the TRS, pays the retirees medical insurance fund the first year, with the second year, to be determined. This account has over a billion dollars, presently. Therefore, the retirees medical insurance is in good standing. Remember, we have discussed the issue of opening the budget next session. We have also had a discussion with the surplus going to the second year, as we did last session. There are options when we get a better projection of where we are after federal dollars trickle down. I understand all noted fears regarding this account. However, this account is allocated state funding as well, with the state as the insurer, if you will, to retirees. Thusly, given the balance it now holds, reflects the program is effectively being managed, and we want to keep it that way.

Again, we plan to convene on 4/1, and will have a couple of legislative days left before the session’s final adjournment on April 15. We believe the two days, scheduled for April 14-15, will provide the needed time to vote to override any vetoes the governor may hand down during his scheduled veto recess beginning April 2 and ending April 13. The veto recess schedule currently remains unchanged, allowing for us to conclude the session as constitutionally required by April 15.

Oh course there is more than one budget we are responsible to craft. The House earlier in the week gave passage of the biennial state Transportation Cabinet budget bill, an appropriations measure that funds Cabinet operations and highway maintenance as well as projects in the next biennial state Highway Construction Plan known as the “Road Plan.” Both Transportation Cabinet budget and the proposed 2020-2022 Road Plan, found in a separate bill, received House approval and advanced to the Senate. The budget in HB 353 is a $4.7 billion spending plan that would fund over $2 billion in highway and bridge projects throughout the Commonwealth through fiscal year 2022. The House voted 71-14 to approve HB 353, with the Road Plan projects approved separately with a 72-12 vote for passage of HB 354. Projects in Road Plan were prioritized with an emphasis on safety, with millions of dollars in funding going toward guard rail improvements, railroad crossing upgrades, and numerous other safety needs, among other provisions.

Both of those bills awaited Senate action at the close of business this week, as did House Joint Resolution 66 – a separate measure approved on a House vote of 74-10 that contains road construction projects recommended for funding outside the biennium through fiscal year 2026, or what is often call the “out years.”

Although I don’t foresee a need, any further change to the session calendar will be made public through weekly wrap-ups like this one, as well as via the Legislative Research Commission (LRC) website at https://legislature.ky.gov/, or other official avenues so that all citizens are made aware of the session’s progress.

Please continue to stay informed of my every action on your behalf by following all the daily legislative action on the LRC website, or by calling the LRC toll-free Bill Status Line at 866-840-2835. For committee meeting schedules, please call the LRC toll-free Meeting Information Line at 800-633-9650. To comment on a bill, please call the toll-free Legislative Message Line at 800-372-7181. You can email me at Regina.huff@lrc.ky.gov or my personal cell 606-524-0227.  I work for you and it is indeed a privilege.