>> Renee: LAWMAKERS TAKE ON TH GOVERNOR'S EMERGENCY POWER AUTHORITY AND TRY TO MOVE CIVIL ACTIONS AGAINST THE STATE FROM FRANKLING CIRCUIT COURT AND THEY ALSO ADVANCE A COUPLE OF ANTI-BOORS MEASURES ON THIS FIRST WEEK OF THE 2021 KENTUCKY GENERAL SESSION IN SESSION in GOOD EVENING, EVERYONE.

WELCOME TO "LEGISLATIVE UPDATE," A RECAP OF THE LEGISLATION MOVING THROUGH THE STATE LEGISLATION THIS session I'M RENEE SHAW.

KENTUCKY LEGISLATORS WASTED NO TIME IN GETTING DOWN TO BUSINESS THESE FIRST FEW DAYS OF THE SESSION WITH PLANS TO CU THE GOVERNOR'S POWERS TO ISSUE EXECUTIVE ORDERS AND AFFECT THEIR DURATION AND EXTENT.

A HOUSE BILL TO GET STUDENTS BACK IN SCHOOLS AND PATRONS INSIDE BUSINESES WAS THE FIRST TO GET ENDORSED BY THE FULL HOUSE THIS REPRESENTATIVE BART ROWLAND'S HOUSE BILL ONE IS IN REACTION T GOVERNOR'S ANDY BESHEAR'S COVID-19 RESTRICTIONS ON INDOOR DINING AND IN-PERSON LEARNING.

THE PRIORITY MEASURE OF THE HOUSE WOULD LET BUSINESS AND SCHOOL DISTRICTS STAY OPEN AS LONG AS THEY ABIDE BY A COMPREHENSIVE COVID-19 SAFETY PLAN ALIGNED WITH CENTERS FOR DISEASE CONTROL AND PREVENTION EXECUTIVE ORDERS BY THE GOVENOR CAN NOT BE MORE STRINGENT THAN THOSE CDC RECOMMENDATIONS.

>> AT THIS POINT IN OUR STATE, SCHOOLS AND BUSINESSES UNDERSTAND VERY WELL HOW TO OPERATE UNDERSTAND CDC GUIDANCE AS IT RELATES TO COVID-19.

THEY'VE BEEN DOING SO FOR AT LEAST SIX MONTHS, MAYBE LONGER.

THEY HAVE SPENT TONS OF MONEY, COUNTLESS MAN-HOURS IMPLEMENTING THEM ONLY TO HAVE THE GOVERNOR SHUT THEM DOWN ON TWO COMPAT CARESS.

SETTING THE CDC HAS A SARN, STANDARD IS NO-NO MORE CONFUSING THAN THE RULES PUT OUT THIS EVER SUMMER BY THE GOVERNOR.

THERE ARE FOUR SECTION OF THE BILL.

EXECS ONE OF THE BILL SATES ANY BUSINESS, WHETHER IT'S PROFIT, NOT-FOR-PROFIT ORGANIZATION, SCHOOL, PUBLIC/PRIVATE MAY REMAIN OPEN AND CONGRESSIONAL SO LONG AS IT IS HAS A COMPREHENSIVE PLAN THAT MEETS ON EXCEEDS THE GUIDANCE BY THE CDC, HAS A WRITTEN PLAN THAT DETAILS HOW THE ENTITY WILL OPERATE.

THE PLAN IS TO BE POSTED ON THE MAIN DOOR OF THE.

THIS WILL ALLOW PATRONS OR CUSTOMERS TO VIEW THAT PLAN, DECIDE IF THEY'RE COMFORTABLE PATRONIZING THAT ESTABLISHMENT OR SENDING THEIR KIDS BACK TO SCHOOL.

THE PLAN CAN BE DEVELOPED BY THE BUSINESS OWNER THEMSELVES OR THEY CAN ADOPT ONE THAT'S DEVELOPED BY AN ORGANIZATION LIKE A STATE OR LOCAL CHAMBER, ASSOCIATION THEY MIGHT BE A, MEMBER of >> Renee: THE BILL ALSO WAIVES THE PENALTIES AND INTEREST ON UNEMPLOYMENT INSURANCE TAX BILLS AND GIVES BUSINESSES FLEXIBILITY .

ON WHEN THE HAVE AND HOW TO PAY THEM.

IT ALSO RESTARTS IN-PERSON NON-CUSTODIAL PARENTAL VISITATION THAT HAD BEEN SUSPENDED BECAUSE OF THE PANDEMICS AND ALLOWS ONE PERSON TO BE DESIGNATED AS AB ESSENTIAL DAILY CARE VISITORS TO LONG-TERM CARE FACILITY residents REPRESENTATIVE ANGIE HATTON, HOUSE MINORITY WHIP AND A DEMOCRAT FROM LETCHER COUNTY SAID THE GOVERNOR'S RESPONSE HA HELPED SAVED LIVES.

>> BUT THESE BUSINESSES ARE CLOSED BECAUSE OF THIS VIRUS, AND UNTIL WE ALLOW THE GOVERNOR THE LEEWAY HE NEEDS TO DEFEAT THIS VIRUS, WE ARE NEVER GOING TO REOPEN OUR ECONOMY.

WE HAVE TO GET PEOPLE VACCINATED, AND WE HAVE TO GET OUR BUSINESSES BACK OPEN BY ALLOWING THE GOVERNOR TO DO HIS JOB.

THESE DECISIONS DO NOT LEND THEMSELVES TO THE LEGISLATIVE PROCESS.

THE LEGISLATIVE PROCESS IS DESIGNED TO BE SLOW AND CAREFUL AND DELIBERATIVE, NOT DECIDED ON THE SPUR OF THE MOMENT.

AND ALSO THE CDC DIVIDE ILINES AT THIS POINT IN TIME -- GUIDELINES, AT THIS POINT IN TIME, THE CURRENT ONES ARE MORE RESTRICTIVE THAN THE GOVERNOR'S REQUIREMENTS.

THE CDC REQUIREMENTS NOW WOULD HAVE NO ONE WHO IS NOT AWE IMMEDIATE FAMILY MEMBER SITTING TOGETHER IN RESTAURANTS, JUST AS ONE EXAMPLE.

AND ESSENTIALLY IT WOULD BE SO CONFUSING.

THERE ARE OVER 180 DOCUMENTS ON THE CDC GUIDELINES RIGHT NOW, WHEREAS THE GOVERNOR'S RESPONSES ARE MADE QUICKLY ON THE SPUR OF THE MOMENT BASED ON ANALYSIS OF THESE BY MEDICAL PROFESSIONALS AND SCIENTISTS >> Renee: DEMOCRATS COMPLAINED THE MEASURE CEDES POWER TO THE FEDERAL GOVERNMENT, BY WAY OF THE CDC, AND AWAY FROM THE STATE AND GOV HOUSE BILL WAS FORWARDED TO THE SENATE ON A VOTE OF 73 TO 15, AND IS NOW IN THE POSSESSION OF THE UPPER CHAMBER.

EXECUTIVE ORDERS ISSUED BY THE GOVERNOR OF KENTUCKY COULD RECEIVE A TIME-LIMIT BEFORE NEEDING LEGISLATIVE APPROVAL, IF THE SENATE'S PRIORITY BILL BECOMES .

THEIR SENATE BILL 1, SPONSORED BY OWENSBORO REPUBLICAN MATT CASTLEN, REQUIRES THE GENERAL ASSEMBLY TO APPROVE THE GOVERNOR'S EXECUTIVE ORDERS AFTER 30 DAYS IF THEY PLACE RESTRICTIONS ON GATHERINGS, SCHOOLS, BUSINESSES OR PLACES O CASTLEN EXPLAINS THE NEED FOR HIS BILL AFTER COVID RESTRICTIONS WERE PUT IN PLACE FOR MOST OF THE LAST YEAR.

>> WHILE WE SAW BIG BUSINESS PROSPER UNDER RESTRICTIONS, WE SAW FAMILY-OWNED RESTAURANTS TAKING OUT PERSONAL LOANS, TRYING TO PAY THEIR EMPLOYEES THAT THEY TREAT AS FAMILY.

WHEN WE ELECT A GOVERNOR, WE WISH THEM WELL.

WHATEVER THEIR PARTY AFFILIATION, AND WE WANT THEM TO BE ABLE TO DO THEIR JOB AND DO IT WELL.

YET THE PREVIOUS YEAR SHOWED THAT WHEN YOU REISSUE OVER AND OVER STATE OF EMERGENCIES, YOU CAN REACH INTO EVERY ASPECT OF A CITIZEN'S LIFE WITH MANDATES AND ORDERS WITH NO STOPPING POINT IN PLACE.

WHEN ALL AUTHORITY IS LEFT TO ONE PERSON, IT CAN BE RECKLESS.

UNINTENDED CONSEQUENCES HAPPEN.

>> Renee: SENATE BILL 1 ALSO REQUIRES THE GOVERNOR TO GET APPROVAL FROM THE ATTORNEY GENERAL TO SUSPEND STATUE WITH AN EXECUTIVE ORDER.

SENATE MAJORITY LEADER DAMON THAYER SAYS THE MEASURE DOESN'T TAKE AWAY POWER FROM THE GOVERNOR, BUT INSTEAD GIVES THE LEGISLATURE A VOICE IN THE PROC PADUCAH SENATOR DANNY CARROLL AGREES, AND SAYS THE GOVERNOR'S DECISIONS HAVE HURT LOCAL BUSIN.

>> SO HERE WE ARE GOING ON 300 PLUS DAYS NOW IN THE PERPETUAL STATE OF EMERGENCY, AND THE PEOPLE HAVE BEEN WEARY OF A LOT OF THE RESTRICTIONS, AND THEY FEEL LIKE THEIR VOICE HAS NOT BEEN HEARD IN THIS CAPITOL.

ALL WE COULD DO, MR. PRESIDENT, IS HAVE COMMITTEE HEARINGS, USE WHATEVER LIMITED BULLY PULPIT THAT WE HAVE AS LEGISLATORS DURING THE INTERIM, WHICH DOES NOT COMPARE TO AN EVERY 4:00 A DAY PRESS CONFERENCE THAT THE EXECUTIVE BRANCH HAS.

THAT'S JUST THE NATURE OF OUR THREE SUPPOSEDLY COEQUAL BRANCHES GOV GOVERNMENT.

THE EXECUTIVE HAS THE BULLY PULL PUTT.

WE'VE GOT IT BACK NOW, AND WE'RE TRYING TO RESTORE THE PEOPLE'S VOICE TO THE PROCESS.

>> WITHOUT QUESTION, THE GOVERNOR HAS DEMONSTRATED AT ITS WORST WHAT CAN HAPPEN WHEN THAT BALANCE IS OUT OF ORDER, WHEN DECISIONS CAN BE MADE UNILATERALLY THAT AFFECT PEOPLE AND CAN DESTROY PEOPLE'S LIVES, AND IN THIS PARTICULAR CASE SOME OF THE DECISIONS THAT HAVE BEEN MADE HAVE, IN FACT, DESTROYED LIVES AND CONTINUES TO DO SO TODAY.

>> Renee: WHILE REPUBLICANS SPOKE ABOUT HOW THE GOVERNOR'S ORDERS HAVE HURT BUSINESSES, SENATE DEMOCRATIC LEADER MORGAN MCGARVEY SAYS THE GOVERNOR IS THE BEST ONE TO HANDLE EMERGENC SITUATIONS LIKE THE CORONAVIRUS.

>> HAS EVERYTHING BEEN HANDLED PERFECTLY?

NO.

PUT THANK GOODNESS I WASN'T IN THAT POSITION BECAUSE I DON'T KNOW THAT I WOULD HAVE HANDLED EVERYTHING PERFECTLY, EITHER.

I ASK THE MEMBERS OF THIS CAUCUS TO LOOK IN THE MIRROR AND ASK THE SAME QUESTION.

HAVING YOUR VOICE HEARD IS DIFFERENT THAN HAVING GOVERNMENT DO WHAT YOU WANT IT TO DO.

IF WE BASS THIS BILL TODAY, AND IT'S AGAINST THE ONCE OF MY CONSTITUENTS, ARE THEIR THEIR VOICES HEARD?

YES, BECAUSE THAT GOES TO THE LEVEL HAVE DEMOCRACY I JUST SPOKE ABOUT.

WHERE A MAJORITY DOES SET THAT COARSE.

WHERE AN ELECTED OFFICIAL CAN SET THAT COURSE.

AND IN THIS INSTANCE THE ELECTED OFFICIAL BEST SUITED TO DEAL WITH A PANDEMIC IS THE GOVERNOR, PARTICULARLY WHEN WE HAVE A PART-TIME LEGISLATURE.

>> Renee: SENATE BILL 1 PASSED THE SENATE ON A LARGELY PARTY-LINE VOTE 27 TO 9 WITH ON PASS VOTE.

NICHOLASVILLE SENATOR TOM BUFORD WAS THE LONE REPUBLICAN TO VOTE AGAINST THE ANOTHER IN THE BATCH OF BILLS SEEKING TO CURB THE GOVERNOR'S EXECUTIVE POWER IS MOVING THROUGH THE PROCESS, WITH THE APPROVAL OF SENATE BILL 2 SPONSORED BY PARIS REPUBLICAN STEPHEN WEST.

THE MEASURE WOULD ALLOW MULTIPLE DIFFERENT INTERI COMMITTEES TO REVIEW ADMINISTRATIVE REGULATIONS SET BY EXECUTIVE BRANCH AGENCIES.

CURRENTLY, ONLY ONE INTERIM COMMITTEE CAN REVIEW REGULATION SENATE BILL 2 ALLOWS INTERIM COMMITTEES TO DETERMINE IF REGULATIONS ARE DEFICIENT.

THE GOVERNOR MAY STILL LEAVE ADMINISTRATIVE REGULATIONS IN PLACE ONCE THEY ARE FOUND DEFIC ADMINISTRATIVE REGULATIONS WERE ONE METHOD USED BY GOVERNOR BESHEAR AFTER SOME OF HIS COVID-RELATED EXECUTIVE ORDERS WERE CHALLENGED IN COURT.

BILL SPONSOR WEST EXPLAINS THE THEIR.

>> REGULATIONS ARE LAW WHEN AGENCY REGULATIONS ARE PROMULGATED AND ACCEPTED, THEY .

THE LAW OF THE LAND.

-- THEY BECOME THE LAW OF THE LAND.

THEY'RE WHERE THE RUBBER MEETS THE ROAD.

THEY'RE THE FINAL RULES THAT ARE PUT IN PLACE TO CARRY OUT THE STATUTES THAT ARE PASSED BY THE GENERAL ASSEMBLY.

THESE REGS, THEY'RE SUPPOSED TO CARRY OUT OUR WILL, OUR LEGISLATIVE INTENT, AND YET THEY ARE NOT HEARD IN A SENATE COMMITTEE, THEY'RE NOT HEARD IN A HOUSE COMMITTEE, THEY ARE NOT HEARD ON THE HOUSE FLOOR, AND THEY ARE NOT HEARD ON THIS FLOOR.

IT IS ONLY AFTER THEY ARE PROMULGATED AND TAKE EFFECT THAT WE AS A LEGISLATURE CAN PROVIDE FEEDBACK AND OVERSIGHT.

IT IS ONLY AFTER THE FACT THAT WE AS A BODY CAN MAKE SURE THAT THE INTENT OF THE LEGISLATURE WAS CARRIED OUT.

>> Renee: WEST SAYS CURRENTLY TAKES TOO LONG TO NAME A REGULATION DEFICIENT AND THE GOVERNOR IS ABLE TO AVOID PUBLI COMMENT BECAUSE OF THE TIMELINE HE SAYS SENATE BILL 2 WOULD EXPEDITE THAT PROCESS.

THE BILL ALSO PLACES RESTRICTIONS ON THE LENGTH OF SOME ADMINISTRATIVE REGULATIONS TO 30 days RESTRICTIONS ON GATH MANDATORY QUARANTINE OR ISOLATION REQUIREMENTS WOULD AL FALL UNDER THE SHORTER WINDOW.

SENATOR MORGAN MCGARVEY ASKED ABOUT THAT CHANGE, IN SENATE COMMITTEE, ON WEDNESDAY.

>> WHAT WAS THE RATION-FOOTER 30 DAYS?

AND WHY DOES APPLY TO IN-PERSON MEETINGS AND QUARANTINE?

WHY NOT EVERY REGULATION?

>> I THINK THE IDEA BEHIND THIS WAS THESE ARE KEY AREAS THAT AFFECT THE GENERAL PUBLIC AND THEIR DAILY LIVES, AND 6 IT'S IMPORTANT, AND IT'S IMPORTANT TO REMEMBER THAT WHEN WE'RE TALKING ABOUT -- IF YOU'RE TALKING ABOUT EXECUTIVE ORDERS AND BRINGING REGS IN RESPONSE TO EXECUTIVE ORDERS, THESE ARE IN EFFECT LAWS THAT HAVE NEVER BEEN BEFORE A SENATE COMMITTEE, THEY'VE NEVER BEEN BEFORE A HOUSE COMMITTEE, THEY'VE NEVER DISCUSSED ON THE HOUSE FLOOR, THEY'VE NEVER BEEN DISCUSSED ON THE SENATE FLOOR.

>> Renee: SENATE BILL 2 INCLUD AN EMERGENCY CLAUSE THAT WOULD MAKE IT BECOME LAW IMMEDIATELY, IF IT'S passed THE SENATE PASSED A REVISED BILL 31-6.

IT'S NOW IN THE POSSESSION OF THE HOUSE.

RIGHT NOW, CLAIMS AGAINST THE STATE INVOLVING A CONSTITUTIONA QUESTION OR ADMINISTRATIVE REGULATION ARE FILED IN THE FRANKLIN CIRCUIT COURT, AS FRANKFORT IS THE SEAT OF STATE THOSE CASES ARE ASSIGNED TO ONE OF THE TWO JUDGES TO HEAR THOSE UNDER A MEASURE BROUGHT BY THE HOUSE JUDICIARY CHAIRMAN, THREE NEW DISTRICTS WOULD BE CREATED BASED ON POPULATION AND GEOGRAP CASES WOULD BEGIN IN THE PLACE OF ORIGINAL JURISDICTION.

THE KENTUCKY SUPREME COURT CHIEF JUSTICE WOULD RANDOMLY SELECT ONE CIRCUIT JUDGE FROM EACH OF THE THREE NEWLY CREATED DISTRICTS TO FORM A PANEL TO HEAR THE CASE.

REPRESENTATIVE ED MASSEY OFFERED THIS EXAMPLE OF HOW HIS MEASURE WOULD WORK.

>> TO USE MY OWN COUNTY FOR AN EXAMPLE, IF I HAD AN ISSUE IN BOONE COUNTY, I WOULD FILE THAT IN THE BOONE COUNTY CIRCUIT COURT.

THEREAFTER, THAT WOULD BE CERTIFIED TO THE KENTUCKY SUPREME COURT CHIEF JUSTICE, AND HE WOULD RANDOMLY SELECT THREE JUDGES, ONE FROM EACH OF THE THREE RESPECTIVE DISTRICTS, TO CREATE A PANEL, AND THAT PANEL WOULD BE IMPANELED TO HEAR THE CASE.

ONE OF THOSE WOULD BECOME OBVIOUSLY THE CHIEF JUDGE OF THE CASE, AND IN THE MEANTIME, BEFORE THE CASE IS TRIED, IF THERE WERE A DECISION TO BE MADE OR AN INJUNCTION, THE CHIEF JUDGE COULD OPERATE UNDER THAT AUTHORITY.

IT WOULD BE VERY MUCH PUBLIC IN THE MEANS THAT IT WOULD BE PUBLIC ACCESS.

THE RATIONALE FOR THIS BILL IS MANY, BUT ONE OF THOSE IS WE HAVE JUDGES THAT, LIKE US, ARE ELECTED TO REPRESENT THE COMMONWEALTH, AND WE HAVE MANY DISTRICTS AND CIRCUITS ACROSS OUR STATE, AND WE FEEL IT'S A BETTER REPRESENTATION OF OUR COMMUNITIES AND OF OUR STATE IF ALL JUDGES, POTENTIALLY, COULD HAVE THE ABILITY TO HEAR THESE VERY IMPORTANT ISSUES THAT ARE DECIDED THAT AFFECT ALL OF US.

AGAIN, THIS IS A RANDOM SELECTION CHARITABLE ORGANIZATIONS, WHICH MEANS THAT JUDGES COULD NOT BE CHERRY-PICKED TO HEAR PARTICULAR ISSUES OR PARTICULAR cases >> Renee: REPUBLICAN JASON NEMES, ALSO AN ATTORNEY, SAID DURING COMMITTEE THAT THE BILL IS UNCO, HE CLAIMS THERE'S NO ALLOWANCE IN THE STATE CONSTITUTION TO ESTABLISH A QUOTE SUPER CIRCUIT WHICH HE BELIEVES THE BILL DOES AND IT ENCROACHES ON THE CHIEF JUSTICE'S AUTHORITY TO ASSIGN JUDGES TO SIT IN ANY COURT FOR THE DISPOSITION OF CASES.

NEMES SAY THE BILL FALLS SHORT OF ADDRESSING QUESTIONS OF VENUE ON CASES THAT IMPACT THE ENTIRE CO. >> WE'RE GOING TO TALK A LOT ABOUT CELEBRATIONS ARE POWERS IN THE DAYS TO COME.

WE'RE GOING TO RESET PROPERLY THE BOUNDS OF POWERS BETWEEN THE BRANCHES.

THOSE BOUNDS HAVE BEEN-OUT WHACK, AND I LIKE MANY OF YOU HAVE BEEN EXCEEDINGLY FRUSTRATED BY THE ACTIONS OF THE EXECUTIVE AND THE JUDICIARY, BUT IN REEXTENT BOUNDS OF GOVERNMENTAL POWER, I THINK IT IS CRITICAL THAT WE OURSELVES PROPERLY EXERCISE OUR POWERS AND FOLLOW THE CONSTITUTION.

BECAUSE I DON'T THINK THIS BILL DOES TABLE VOTE NO.

AND BECAUSE I DON'T THINK A SINGLE JUSTICE IN THE COMMONWEALTH WILL UPHOLD THIS BILL, THEREBY CAUSING UNNECESSARY LITIGATION AND CONSIDERABLE UNCERTAINTY, WE SHOULD HIT THE BRAKES NOW ON THIS FIRST DAY OF session >> Renee: BUT SPONSOR MASSEY SAID DECISIONS ON CIVIL LAWSUITS AGAINST THE STATE HEARD BY THREE-JUDGE PANELS ACROSS THE STATE CAN BE MADE MORE SWIFTLY AND THAT APPELLATE RIGHTS COULD BE TAKEN UP MORE QUICKLY.

AS IT STANDS NOW, MOST LAWSUITS INVOLVING STATE GOVERNMENT ARE ASSIGNED TO THE FRANKLIN CIRCUI COURT JUDGES PHILLIP SHEPHERD AND THOMAS WINGATE UNDER MASSEY'S HOUSE BILL 3, 54 WESTERN KENTUCKY COUNTIES WOULD MAKE UP THE FIRST DISTRICT; FAYETTE AND JEFFERSON COUNTY WOULD COMPRISE THE SECOND DISTRICT- ALONG WITH 11 OTHER COUNTIES; AND THE THIRD DISTRIC WOULD BE MADE UP OF 53 COUNTIES IN EASTERN AND NORTHERN KENTUCK THE HOUSE JUDICIARY PANEL CLEARED THE BILL TUESDAY 11 TO THE FULL HOUSE ADVANCED IT THURSDAY, 69 TO 24 AS DEMOCRATS BEMOANED THE BILL AS A VIOLATIO OF SEPARATION OF POWERS AND ONE THAT CREATES A SIGNIFICANT EXPENSE TO THE STATE IN TIME AN THE OPPOSITION ALSO PREDICTS THAT IF THE BILL BECOMES LAW, IT WILL BE OVERTURNED BY THE court THE SENATE JUDICIARY PANEL HEAR TODAY FROM KENTUCKY SUPREME COURT JUSTICE JOHN MINTON WHO SAID THE MEASURE WOULD CREATE A CONVOLUTED PROCESS THAT MAKES LITTLE SENSE IN HIS VIEW.

>> HOUSE BILL 3, WITHOUT MENTIONING ANY NAMES, IS VOWS VERY SIMPLY AN EFFORT TO ELIMINATE THE FRANKLIN CIRCUIT COURT FROM THE DECISION-MAKING PROCESS IN THESE CASES.

LET'S JUST TELL THE PEOPLE THE TRUTH.

THAT'S WHAT IT IS.

NOTHING MORE OR LESS.

BUT YET WE'RE GOING TO CONSTRUCT A SYSTEM, IF THIS BILL IS ADOPTED, THAT WILL TOTALLY UPEND THE WORK OF CIRCUIT COURTS ALL ACROSS THE COMMONWEALTH.

WE ARE TO SOLVE A PROBLEM OF ELIMINATING TWO JUDGES.

WE'RE GOING TO UP END THE WORK JUDGES IN 120 COUNTIES ACROSS THE COMMONWEALTH.

>> I DON'T DISPUTE THIS IS AN OPPORTUNITY TO GET THINGS OUT OF FRANKLING EVER LYNN CIRCUIT COURT.

IT'S NOT TO GET RID OF FRANKLIN CIRCUIT COURT, AS YOU HAVE SAID.

IT'S TO GET THESE SPECIAL HEARINGS OUTSIDE OF FRANKLING YOU COURT BECAUSE THAT MAKES IT IS A SUPERJURISDICTION I'M NOT WORRIED ABOUT THE TWO JUDGES THAT WORK THERE.

I HAVE A TON OF RESPECT FOR BOTH OF THEM.

I HAVE NOT PRACTICED IN FRANKLING CIRCUIT COURT.

I'VE BEEN IN FRONT OF THEM IN LITIGATION BECAUSE OF MARSY'S LAW BUT VICINITY PRACTICED FRONT OF THEM.

I DON'T EITHER OF THE MEN VERY WELL.

I'M NOT WORRIED ABOUT THE TWO OF THEM AS MUCH AS I AM WHEN THEY RETIRE.

AND THEN THE CAMPAIGN FOR FRANKLIN CIRCUIT COURT BECOMES SOMETHING THAT ANY OTHER CIRCUIT JUDGE RACE IS NOT LIKE AROUND THE COMMONWEALTH, AND IT'S BECAUSE THAT JURISDICTION HAS THIS SPECIAL POWER HERE.

>> Renee: THE SENATE PANEL DIDN'T TAKE ACTION ON THE MEASURE TODAY.

A PROPOSED CONST AMENDMENT TO GIVE THE KENTUCKY GENERAL ASSEMBLY FLEXIBILITY IN DETERMINING WHEN AND FOR HOW LONG THEY CAN MEET ADVANCED THI HOUSE SPEAKER DAVID OSBORNE'S HOUSE BILL 4 WOULD STRIKE THE SESSION END DATES FROM THE STAT CONSTITUTION, CURRENTLY MARCH 30TH IN ODD-NUMBERED SESSIONS, AND APRIL 15TH IN EVEN YEARS.

>> THE ADDITIONAL MEASURE THAT IT DOES ALLOW FOR IS WITH THE VOTE OF TWO-THIRDS OF BOTH BODIES.

WE WOULD BE ABLE TO EXTEND THE SESSION SESSION FOR UP TO TEN DAYS.

FORE THOSE OF YOU THAT WERE HERE, YOU WILL KNOW THIS IS NOT NECESSARILY RELATED TO THE PANDEMIC.

IT'S A BILL THAT I FILED A YEAR AGO, LONG BEFORE WE HAD EVER HEARD OF COVID.

AND CERTAINLY THE VIRUS AND THE REACTION TO THE VIRUS HAS PROBABLY MADE IT MORE TIMELY, BUT IT WAS SOMETHING THAT HAS ALWAYS CONFUSED ME A BIT AS TO WHY AND HOW WE CONDUCT OUR SESSIONS.

WHY WE AM CONTRACT EVERYTHING INTO A VERY SHORT PERIOD OF TIME, WHY WE SPEND A SIGNIFICANT PERIOD OF TIME OF EVERY SESSION EITHER TRYING TO FIGURE OUT AND REACT TO WHAT'S HAPPENED OVER THE LAST NINE MONTHS OR TRYING TO PREDICT WHAT'S GOING TO HAPPEN OVER THE NEXT NINE MONTHS.

IT DIDN'T SEEM LIKE A VERY EFFICIENT WAY TO OPERATE govern >> Renee: THE HOUSE PASSED THE PROPOSED CONSTITUTIONAL AMENDMENT 77 TO 16.

THE MEAURE WAS DISCUSSED IN A SENATE HEARING TODAY, BUT NO ACTION WAS TAKEN THERE.

THE HOUSE ALSO SENT TO THE SENATE A MEASURE THAT KEEPS THE GOVERNOR FROM REORGAN EXECUTIVE BRANCH CABINETS, AGENCIES, BOARDS AND COMMISSION WHEN LAWMAKERS AREN'T IN FRANKF REPRESENTATIVE MICHAEL MEREDITH IS THE SPONSOR OF HOUSE BILL 5 THAT AIMS TO KEEP THE STATE'S CHIEF EXECUTIVE OFFICER FROM EXPEDITING POLITICAL AGENDAS IN HE SAYS IN REMOVING OR ADDING PEOPLE TO BOARDS.

>> THIS AUTHORITY HAS BEEN USED 446 TIMES BY THE LAST FIVE GOVERNORS.

58 TIMES BY GOVERNOR JONES, 121 TIMES BY GOVERNOR PATTON, 75 TIMES BY GOVERNOR FLETCHER, 103 TIMES BY GOVERNOR STEVE BESHEAR.

89 TIMES BY GOVERNOR MATT BEVIN.

AND IT HAS BEEN USED 20 TIMES BY THE CURRENT GOVERNOR ANDY BESHEAR.

THERE WILL BE THOSE THAT SAY THIS IS A PARTISAN EMPLOY, AS WE TRY TO -- PLOY AS WE TRY TO PASS THIS PIECE LEGISLATION.

HOWEVER, I DISAGREE WITH THAT.

WHEN GOVERNOR BEVIN RECENTLY RESURGED ORGANIZED SOME OF THOSE BOARDS, DEMOCRATS IN THIS BODY, DEMOCRATS IN THE EXECUTIVE BRANCH, AND DEMOCRATS ON THE OTHER END OF THE HALLWAY IN THIS BUILDING DECRIED THOSE ACTIONS.

AND SAID, LET THE PROCESS WORK LIKE IT SHOULD, LET FOLKS' APPOINTMENTS PLAY OUT AS THEY SHOULD.

DON'T REORGANIZE THOSE BOARDS.

THERE HAVE BEEN TIMES WHEN WE AS REPUBLICANS HAVE ARGUED THAT THOSE REORGANIZES SHOULDN'T HAVE TAKEN PLACE UNDER GOVERNORS IN THIS BODY.

AND FRANKLY I THINK THIS IS JUST A REASSERTION OF THE LEGISLATURE'S INDEPENDENCE AND ITS PURVIEW OVER CREATING THOSE BOARDS, NAMING HOW THE THEY'RE SET UP, AND THE APPOINTMENTS AND HOW THOSE TERMS WORK last >> Renee: ALONG PARTY LINES, BOWLING GENE PEAT MINTERRER JOINED THEM.

HERE'S RER HERR RATIONALE.

>> FIRES I THINK THERE'S A SEPARATION OF POWERS ISSUE AND THIS IS UNCONSTITUTIONAL.

SECTLY, I THINK ANY GOVERNOR NEEDS TO BE ABLE TO ACT QUICKLY TO FIX THINGS THAT ARE BROKEN.

ONE OF THE BEST CHANGES THAT HAS PROBABLY BENEFITED EVERY -- PEOPLE IN EVERY DISTRICT IN THE STATE IS THE SHIFT OF UNEMPLOYMENT TO THE LABOR CABINET WHEN THINGS WEREN'T WORKING AS WELL IN EDUCATION WORKFORCE DEVELOPMENT.

THAT NEEDED TO HAPPEN.

THE GOVERNOR NEEDED THE AUTHORITY TO DO THAT.

THIRDLY, AGAIN, THIS IS ANOTHER EXAMPLE OF MOVING QUICKLY.

I HAVEN'T HEARD ANYBODY IN IN DISTRICT 20 OR IN WHITE OR BOWLING GREEN ASKING FOR THIS CHANGE.

>> Renee: ALONG PARTY LINES, HOUSE BILL 5 CLEARED THE LOWER CHAMBER 73 TO 22 AND IS NOW AWAITING ACTION BY THE SENATE.

KENTUCKY'S AGRICULTURE COMMISSIONER COULD GET OVERSIGH THAT WAS ONCE THE GOVERNOR'S WITH A BILL THAT HAS PASSED THE SENATE BILL 3 WILL MOVE THE KENTUCKY OFFICE OF AGRICULTURE POLICY TO THE DEPARTMENT OF AGR THAT OFFICE INCLUDES THE AG DEVELOPMENT BOARD AND THE KENTUCKY AG FINANCE CORPORATION, WHICH IS IN CHARGE OF THE AG DEVELOPMENT FUND HALF OF TOBACCO SETTLEMENT MONEY IS DISTRIBUTED THROUGH THAT FUND .

TO THE AG community IN AUGUST, GOVERNOR ANDY BESHEAR REMOVED WARREN BEELER FROM HIS POSITION AS EXECUTIVE DIRECTOR OF THE OFFICE OF AGRICULTURE POLICY AND NAMED FORMER STATE DEMOCRATIC STATE SENATOR DORSEY RIDLEY TO THE POSITION.

SENATE BILL 3 PASSED THE SENATE 29 TO 8.

THE REPUBLICAN DOMINATED LEGISLATURE ALSO ACTED ON A COUPLE OF ABORTION-RELATED BILLS .

THIS WEEK.

ASSERTING THAT THE GENERAL ASSEMBLY HAS NO CONFIDENCE THAT THE GOVERNOR OR HIS EXECUTIVE AGENCIES HAVE ANY INTEREST IN ENFORCING LAWS PASSED BY STATE LAWMAKERS, REPRESENTATIVE JOSEP FISCHER OF NORTHERN KENTUCKY MADE THE CASE FOR HIS HOUSE BIL 2 IN COMMITTEE EARLIER THIS WEE THAT WOULD ALLOW THE STATE'S ATTORNEY GENERAL TO INDEPENDENTLY TAKE ACTION AGAINST ABORTION PROVIDERS FOR NON-COMPLIANCE OF STATE LAW AND.

>> HOUSE BILL 2 GRANTS TO THE ATTORNEY GENERAL THE AUTHORITY TO ENFORCE VARIOUS ABORTION-RELATED LAWS, IS UP AS KRS CHAPTER 216B WHICH REQUIRES ABORTION FACILITIES TO BE LICENSED AND TO HAVE TRANSFER AGREEMENTS WITH THE LOCAL HOSPITAL IN CASE OF AN EMERGENCY THE AG MAY LETTERS ENFORCE SECTIONS OF CHAPTER 311 WHICH REQUIRES ABORTION PROVIDERS TO OBTAIN INFORMED CONSENT FROM THE MOTHER, TO OBTAIN PARENTAL CONSENT FOR MINORS, AND TO ALLOW PREGNANT WOMEN TO VIEW AN ULTRASOUND BEFORE UNDERGOING AN ABORTION.

>> Renee: JACKIE MCGRANAHAN, POLICY STRATEGIST FOR THE ACLU OF KENTUCKY, COUNTERED THAT OPINION AND SAID NO GOVERNMENT SHOULD BE POWERFUL ENOUGH TO FORCE PREGNANCY AGAINST THEIR A WOMAN'S WILL, AND MAINTAINS THE MEASURE ERODES THE CONSTITUTIONALLY PROTECTED RIGHT TO REPRODUCTIVE FREEDOM MCGRANAHAM TESTIFIED THAT THE HARDSHIP FALLS HARDEST ON THOSE STRUGGLING FINANCIALLY OR THOSE WHO ALREADY FACE HEALTH CARE BARRIERS.

>> HEALTH CARE PROVIDERS ARE LICENSED UNDER THE PURVIEW OF THE CABINET FOR HEALTH AND FAMILY SERVICES, AND THEY ARE THE EXPERTS OF OVERSIGHT OF HEALTH CARE AND KENTUCKY REGULATIONS.

PASSAGE OF HOUSE BILL 2 WOULD UNDERMINE THE EXECUTIVE BRANCH AUTHORITY AND ENFORCEMENT ABILITIES.

NO MATTER WHO THE OCCUPANT OF THE GOVERNOR'S OFFICE is >> Renee: ALONG PARTY LINES, HOUSE BILL 2 PASSED OUT OF THE JUDICIARY COMMITTEE TUESDAY 14 TO 4.

THE FULL HOUSE APPROVED IT 75 TO 18 ON THURSDAY.

AN ANTI-ABORTION BILL VETOED BY THE GOVERNOR LAST YEAR PASSED THAT LAWMAKERS DIDN'T HAVE TIME TO OVERRIDE LAST SESSION BECAUSE OF THE PANDEMIC HAS BEEN RECEIVED THIS SESSION IN THE 2020 SESSION, GOVERNOR ANDY BESHEAR VETOED WHAT'S CALLED THE BORN ALIVE MEASURE THAT REQUIRES A NEWBORN WHO SURVIVES A BOTCHED ABORTION TO RECEIVE MEDICAL CAR WHITNEY WESTERFIELD'S MEASURE, SENATE BILL 9, CONTAINS SIMILAR LANGUAGE TO THE BILL VETOED BY THE GOVERNOR.

HE SAYS THERE IS ONLY ONE CHANGE.

>> THE ONLY DIFFERENCE, MEMBERS -- AGAIN I SAID THIS IN COMMITTEE -- IS THAT WHEN WE LAST VOTED ON IT IN THIS BODY, IT HAD THE PROVISIONS OF WHAT IS NOW HOUSE BILL 2 GIVING THE AG SOME ENFORCEMENT AUTHORITY OVER ABORTION PROVIDERS.

THAT LANGUAGE IS NO LONGER IN THIS BILL.

THIS BILL DOES ONE THING, REQUIRES THAT A CHILD BORN ALIVE UNDER ANY CIRCUMSTANCE, HOWEVER THAT BIRTH COMES TO BE, BE PROVIDED MEDICALLY APPROPRIATE CARE, REASONABLE CARE.

WE DON'T DICTATE WHAT THAT IS.

MEDICAL PROFESSIONALS MAKE THAT DECISION IN THAT MOMENT.

THIS BILL JUST REQUIRES THAT WE DO THAT.

>> Renee: WESTERFIELD SAYS THE ARE NO PROTECTIONS IN KENTUCKY LIKE THE ONES PROVIDED IN SENATE BILL 9 PHYSICIAN AND LOUISVILLE KAREN BERG SAYS SHE BELIEVES TH INTENT OF THE BILL IS DIFFERENT FROM WHAT IT MEANS IN PRACTICE.

>> THIS BILL HAS NO IMPLICATION OR APPLICABILITY TO AN INDUCED MEDICAL ABORTION.

IT ONLY APPLIES TO SPAWNS ABORTIONS, LEGALLY -- SPONTANEOUS ABORTIONS UNLESS YOU HAVE AIR ILLEGAL INDUCED ABORTION, BUT LEGALLY IT ONLY APPLIES TO A SPONTANEOUS ABORTION.

AND YOU'RE IN A SITUATION WHERE A FAMILY HAS AN INFANT THAT WITHIN MINUTES DECISIONS ARE GOING TO BE MADE.

DO WE HOLD THIS BABY?

DO WE LOVE THIS BABY?

>> Renee: SENATE BILL 9 PASSED THE VETERANS AND MILITARY AFFAIRS AND PUBLIC PREGNANCY COMMITTEE ON WEDNESDAY BEFORE BEING PASSED BY THE FULL SENATE 2-TO-4 ON WEDNESDAY.

IT'S NOW WAITING ACTION FOR THE THAT'S ALL FOR WEEK ONE OF THE 2021 KENTUCKY GENERAL ASSEMBLY IN REGULAR SESSION.

LAWMAKERS HAVE ADJUSTED THE CALENDAR AND WILL WORK TOMORROW , SATURDAY AND THREE DAYS NEXT FOR INFORMATION ABOUT THE LEGISLATIVE MEETINGS SCHEDULE, CALL 1-800-633-9650.

YOU CAN ALSO FOLLOW OUR GAVEL TO GAVEL COVERAGE THROUGHOUT THE DAY BY DOWNLOADING KET'S LEGISLATIVE COVERAGE APP TO YOUR SMART PHONE OR TABLET.

YOU CAN WATCH ON OUR CHANNEL OR FOLLOW ALONG ONLINE AT KET.ORG.

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WE SURE HOPE TO SEE YOU MONDAY NIGHT 11:30 EASTERN, 10:00 CENTRAL ON KET FOR "LEGISLATIVE UPDATE"."

I'M RENEE SHAW.