LIABILITY PROTECTIONS FOR SOME BUSINESSES DURING THE PANDEMIC.

THE SENATE ALSO TAKES UP LEGISLATION THAT COULD ADD ADDITIONAL DAYS TO THE GENERAL ASSEMBLY'S CALENDAR.

AND THE HOUSE PASSES A FLURRY OF LEGISLATION, INCLUDING A BILL THAT WOULD ALLOW KENTUCKY WATER DISTRICTS TO CHARGE LATE FEES, ON DAY 20 OF THE 2021 KENTUCKY GENERAL ASSEMBLY IN REGULAR SES GOOD EVENING, AND THANK YOU FOR JOINING US FOR "LEGISLATIVE UPD I'M CASEY PARKER-BELL.

THE SENATE PASSED A MEASURE TO PROVIDE LIABILITY PROTECTIONS T ENTITIES DEEMED AS ESSENTIAL DURING THE COVID-19 PANDEMIC.

SENATE PRESIDENT ROBERT STIVERS SAYS HIS SENATE BILL 5 IS NECESSARY TO HELP REVIVE THE STATE'S ECONOMY AFTER A YEAR OF COVID-RELATED SHUTDOWNS AND RES THE LEGISLATION COVERS BUSINESSES, SCHOOLS, HOSPITALS, AND OTHER ESSENTIAL SERVICE PRO.

>> THIS WOULD GIVE THEM PROTECTIONS BECAUSE IT WAS NEEDED THAT THEY MAY HAVE TO DO THINGS THAT ARE NOT QUITE WITHIN THE NORMS TO PRODUCE RESULTS THAT WE NEEDED DURING THIS PANDEMIC.

AGAIN, I'VE SAID THIS IS FOR COVID AND COVID SPECIFIC, BUT SO PEOPLE CAN UNDERSTAND, I APPLY IT TO THE CIRCUMSTANCES THAT ARE WELL BEFORE US RIGHT NOW IN PARTS OF KENTUCKY KENTUCKY.

THE OTHER PART OF THIS LEGISLATION IS FOR THOSE BUSINESSES AND NON-PROFITS AND OTHERS, SCHOOLS, HOSPITALS THAT NOT NECESSARILY DURING THE ESSENTIAL DESIGNATION BUT WERE TRYING TO HAVE OPERATIONS AND WERE FOLLOWING RESPECTIVE GUIDELINES FROM THE CENTERS FOR DISEASE CONTROL, WORLD HEALTH ORGANIZATION, THE CORONAVIRUS TASK FORCE, THE GOVERNOR'S OFFICE, ALL THOSE ENTITIES, AND THEY CHANGED AND THEY WERE TRYING TO OPERATE, AND DID OPERATE.

WITHIN THOSE GUIDELINES THEY SHOULD GET PREMISE LIABILITY PROTECTIONS.

>> Carolyn: THE SENATE PASSES SOME LIABILITY PROTECTIONS DURING THE PANDEMIC.

THE SENATE ALSO TAKES UP LEGISLATION THAT COULD ADD ADDITIONAL DAYS TO THE GENERAL ASSEMBLY'S CALENDAR AND THE HOUSE PASSES A FLURRY OF LEGISLATION INCLUDING A BILL THAT WOULD ALLOW KENTUCKY WATER DISTRICTS TO CHANGE WATER FEES ON DAY 212021 GYAN IN TECHNICIAN I'M CASEY PARKER-BELL.

THE SENATE PASSED A MEASURE TO PROVIDE LIABILITY PROTECTIONS TO ENTITIES DEEMED AS ESSENTIAL DURING THE COVID-19 PANDEMIC.

SENATE PRESIDENT ROBERT STIVERS SAYS HIS SENATES BILL 5 IS NECESSARY TO HELP REVIVE THE STATE'S ECONOMY AFTER A YEAR OF COVID-RELATED XIAO SHOULD COUNSEL AND RESTRICTIONS.

THE THE IT COVERS SCHOOLS, HOSPITALS, AND AND OTHER ESSENTIAL SERVICE PROVIDERS.

THE LEGISLATION FACED NINE FLOOR AMENDMENTMENTS AND TO LIMIT THE SCOPE OF THE PROTECTIONS.

THE LOUISVILLE DEMOCRAT DAVID YATES PROPOSED AN AMENDMENT THAT WOULD PRESERVE LIABILITY IN VEHICULAR ACCIDENTS.

>> IN IF A TRUCK DRIVER SAKES HIS EYES OFF THE ROAD AND HE HITS YOUR FAMILY, HITS ANY OF OUR FAMILIES, ANY OF THE CONSTITUENTS IN OUR DISTRICT'S FAMILY AND DESTROYS THEIR LIVES, CRIPPLES THE CHILDREN, ORDINARILY A RESPONSIBLE BUSINESS OWNER AS PAID INTO AN INSURANCE POLICY TO TAKE CARE OF OF THAT FAMILY.

BUT IN THE EVENT THEY'RE THEY PROVIDE AN ESSENTIAL SERVICE, AND NOW WE'VE DEFINED PREMISE AS TO ALL THE ROADWAYS AND ROADS, IF THEY'RE DELIVERING LIQUOR AS WE DECIDE IS AN ESSENTIAL SERVICE OR HAND SANITIZER OR ANY KIND OF GOODS THAT ARE NEEDED, SHINGLES FOR A ROOF, IF THEY'RE DELIVERING THOSE AND HURT THAT FAMILY, THE WAY THIS IS WRITTEN EVERY ONE OF OUR CONSTITUENTS IN THAT SITUATION IS LEFT WITHOUT REAL RECOURSE UNLESS SOMEHOW THEY CAN PROVE THAT THEY WERE GROSSLY NEGLIGENT OR THEY WERE RECKLESS.

IN THAT CASE MOST INSURANCE COMPANIES DON'TS COVER, AND THEN WE'RE THE IN PROCESS OF BANKRUPTING THE BUSINESSES THAT WE'RE WANTING TO PROTECT.

>> Casey: YATES' FLOOR AMENDME WAS ADOPTED, AS WERE AMENDMENTS PROPOSED BY STIVERS REGARDING THE DESIGNATION OF EMERGENCY SERVICES AND TO INCLUDE DISTRIBUTORS OF PERSONAL PROTECTIVE EQUIPMENT IN THE LIABILITY PROTECTIONS.

REPUBLICAN PHILLIP WHEELER OF PIKEVILLE SAYS THE GOAL OF THE LEGISLATION IS LAUDABLE, BUT HE CALLS THE ACTUAL BILL A SOLUTIO IN SEARCH OF A PROBLEM AND AN OVERREACTION TO THE PANDEMIC.

HE SAYS THE PROPOSAL WOULD PLACE THE BURDEN OF A LOSS ON THOSE LEAST ABLE TO BEAR IT.

PLUS, WHEELER CONTENDS THE BILL MAY NOT PASS CONSTITUTIONAL MUSTER.

>> FIRST, IT CREATES CAN BE IT CHANGES THE STANDARD OF NEGLIGENCE IN THE COMMONWEALTH OF KENTUCKY.

IT CREATES A HIGHER STANDARD OF NEGLIGENCE FOR PREMISES OF ESSENTIAL SERVICES VERSUS PREMISES NON-ESSENTIAL SERVICES DURING A PANDEMIC.

IT BASICALLY STATES THAT NEGLIGENCE ON THE PREMISES OF THE HAVE OF THESE ESSENTIAL SERVICES WILL NOT -- WILL BE SUBJECTED TO A DIFFERENT STANDARD, THUS CREATING A DUEL TRACK.

I BELIEVE THAT THAT WILL NOT HOLD UP IF IT GOES TO OUR STATE'S HIGHEST COURT.

SECOND, IT IS RETROACTIVE TO MARCH 6th, THE START OR THE DATE OF GOVERNOR'S FIRST EXECUTIVE ORDER REGARDING THIS PANDEMIC.

RETROACTIVITY IS NOT SOMETHING LOOKED UPON LIGHTLY BY COURTS WITHIN THE COMMONWEALTH OF KENTUCKY, PARTICULARLY WHEN IT COMES TO CONSTITUTIONAL RIGHTS.

I BELIEVE THAT IF THIS PROVISION IS CHALLENGED, IT IS WILL BE THAT THIS PART OF THE BILL WILL BE STRUCK DOWN, THUS PROVIDING ANOTHER FALSE SENSE OF SECURITY TO OUR STATE'S BUSINESSES.

IN ADDITION, IT PLACES THE BURDEN UPON AN INJURED PERSON WHO SEEKS TO RECOVER FROM AN ESSENTIAL SERVICES FOR AN INJURY THAT IS DONE TO THEM.

THE DUST DEMONSTRATING GROSS NEGLIGENCE.

-- THE DUTY OF DEMONSTRATING GROSS NEGLIGENCE.

IN CASES WHERE GROSS NEGLIGENCE IS ALLEGED, PARTICULARLY A BROADER FORM OF DISCOVERY, POSSESSION OF DOCUMENTS, DEPOSITIONS, IS PERMITTED.

THIS IS COSTLY.

THIS WILL CAUSE BUSINESSES TO HAVE TO EXPEND MORE MONEY DEFENDING THESE LAWSUITS RATHER THAN GIVING THEM THE PROTECTIONS THAT THEY'RE LOOKING FOR.

>> Casey: LEXINGTON DEMOCRAT REGGIE THOMAS ALSO OPPOSED THE BILL, SAYING IT OFFERS TOO MUCH PROTECTION FROM LIABILITY.

>> SECTION 3 OF SENATE BILL 5 CLEARLY STATES THAT THE STANDARD OF CARE -- I DON'T WANT TO BE TOO LEGAL HER -- SAYS THAT YOU CANTS BE LIABLE UNLESS YOU'RE GROSSLY NEGLIGENT, WANTON, WILLFUL, MALICIOUS OR INTENTIONAL.

SO IF YOU DON'T FOLLOW INTO THAT CATEGORY, IF YOU JUST SIMPLY ARE NEGLIGENT, THEN THERE'S NO LIABILITY.

THIS IS EVEN AFTER THE PANDEMIC HAS ENDED.

SECTION 7 UNDER SENATE BILL 5 AS PROPOSED BY THE SENATOR FROM CLAY SAYS IF YOU EVEN GET A ONE-YEAR REPRIEVE AFTER THE EMERGENCY HAS ENDED SO THAT YOU CAN'T BE SUED, WHICH MAKES NO SENSE TO ME.

>> Casey: REPUBLICANS CHRIS MCDANIEL AND MATT CASTLEN SAY PEOPLE CAN DEBATE WHAT ENTITIES SHOULD BE DEEMED ESSENTIAL, BUT THAT MAKES THEM NO LESS DESERVING OF PANDEMIC-RELATED LIABILITY PROTECTION.

>> MAYBE ESSENTIAL SOMETIMES JUST MEANS SO THAT PEOPLE CAN HAVE SOMEPLACE TO GO, SO THAT THERE'S NOT AS MUCH STRAIN ON THE UNEMPLOYMENT SYSTEM, BUT WE GO OUT IN GOOD FAITH EVERY DAY, LITTLE GUYS LIKE MOVER ALL OVER THIS COMMONWEALTH, HOPING THAT WHEN WE GET TO THE OTHER SIDE, AND I REMIND YOU, MR. PRESIDENT, WE TALKED ABOUT TWO WEEKS TO FLATTEN THE CURVE, AND HERE WE SIT.

WE ALL DID OUR BEST WITHOUT THE BENEFIT OF A GOOD ROADMAP, AND NOW WE JUST NEED A LITTLE BIT OF PROTECTION.

>> I BET THERE'S NOBODY IN THIS ROOM THAT WAS -- ABOUT A TRUCK DRIVER FROM THE GROCERIES GOT DELIVERED TO KROGER'S SO THAT THEY TO TAKE AND GO BUY THOSE GROCERY RIS IN THE MIDDLE OF MARCH WHEN THEIR GARDENS WEREN'T GROWING ANYTHING, THERE THAT WEREN'T PEOPLE COMPLAINING ABOUT THOSE INDIVIDUALS THAT WERE SHOWING UP AND GOING TO WORK DURING THIS PANDEMIC AND WEREN'T ABLE TO BE AT HOME AND FELT LIKE THEY WERE RISK THEIR LIFE AND THEIR FAMILY'S LIFE EVERY DAY.

I KNOW WHITES LIKE TO FEEL LIKE THAT.

THOSE DECISIONS WEREN'T EASY, AND I RESCH THE SENATOR FROM CLAY AND AND MANY OTHER ONES WHO ARE TRYING TO PROVIDE JUST A LITTLE BIT OF PROTECTION FOR THE PEOPLE WHO TOOK THE RISK TO PROVIDE 4 OUR COMMUNITIES DURING THESE TROUBLING TIMES.

>> Casey: DEMOCRAT DAVID YATES SAYS HE CAN FIND ONLY THREE BUSINESSES THAT HAVE BEEN SUED FOR COVID-RELATED NEGLIGENCE SO THAT'S LEFT HIM TO QUESTION WHO SENATE BILL 5 WOULD ACTUALLY BE.

>> NOW, SEE THE PROBLEM IS WHEN SOMEONE'S HURT, WHEN THERE'S DAMAGES, SOMEONE HAS TO SUFFER THOSE DAMAGES.

WHAT THIS BODY IS DOING TODAY IS WE'RE GOING TO DECIDE WHO WE'RE GOING TO PUT THAT ON.

TODAY, WITH THE WAY THIS BILL PASSED, WE'RE GOING TO MAKE SURE THAT OUR CONSTITUENTS, THE CITIZENS LIVING IN OUR DISTRICTS, THE MOMS, THE DADS, THE PEOPLE YOU LOVE, WHEN THEY'RE INJURED BECAUSECH SOMEONE ELSE'S NEGLIGENCE, YOU REMOVE THAT CAUSE OF ACTION.

HOW CAN THEY BE MADE WHOLE?

AND YOU DO THAT IN FAVOR HOPEFULLY YOU'RE TRYING TO DO IT IN FAVORITE BUSINESS.

BUT WHO IS REALLY GETTING THE BENEFIT IS THE INSURANCE COMPANIES.

>> Casey: WHILE THEY TOOK OPPOSING SIDES ON THE BILL, REPUBLICANS WIL SCHRODER AND ADRIENNE SOUTHWORTH EXPRESSED CONCERNS ABOUT THE RESULTS THE LEGISLATION COULD ULTIMATELY HA.

>> IF THIS BILL WERE IN NORMAL TIMES, I'D HAVE PROBLEMS WITH IT DUE TO THE CONSTITUTIONAL CONCERNS.

BUT WHEN OUR FOREFATHERS WERE DEBATING THE KENTUCKY CONSTITUTION OVER 100 YEARS AGO, THEY HAD NO WAY TO FORESEE SOME OF THE CIRCUMSTANCES THAT WE WOULD FIND OURSELVES IN, AND I THINK WE CAN ALL AGREE THAT THESE ARE NOT NORMAL TIMES.

>> IT'S IMPORTANT TO THINK ABOUT NOT ONLY PROTECTING OUR BUSINESSES BUT PROTECTING OUR PEOPLE.

I REPRESENT PEOPLE WHO OWN BUSINESSES.

I ALSO REPRESENT PEOPLE WHO HAVE BEEN HURT BY OTHER PEOPLE.

BUSINESSES ARE NOT BUSINESSES.

AND THAT'S WHAT WE HAVE TO DO EVERY DAY.

WE HAVE TO ALWAYS BALANCE OUT BOTH SIDES.

>> Casey: SCHRODER VOTED IN FAVOR OF THE MEASURE AND SOUTHWORTH VOTED AGAINST.

SENATE BILL 5 PASSED THE SENATE ON A VOTE OF 24 TO 11, AND NOW HEADS TO THE HOUSE.

THE SENATE ALSO PASSED TWO MEASURES TODAY THAT WILL GIVE THE LEGISLATURE MORE OVER ITS OWN SCHEDULE.

HOUSE BILL 4 IS A PROPOSED CONSTITUTIONAL AMENDMENT THAT WOULD ELIMINATE THE CURRENT ENDING DATES FOR GENERAL ASSEMBLY SESSIONS AND ENABLE LEGISLATIVE LEADERS TO RESERVE SOME DAYS OR CALL EXTRA DAYS FO USE LATER IN THE SAME CALENDAR NOW THE STATE CONSTITUTION MANDATES THAT LAWMAKERS ADJOURN BY MARCH 30TH IN ODD-NUMBERED YEARS, AND BY APRIL 15TH IN EVEN-NUMBERED YEARS.

THE COMPANION SENATE BILL 181 WOULD MAKE THE REQUIRED STATUTORY CHANGES REQUIRED TO IMPLEMENT THE NEW SCHEDULE.

SENATE PRESIDENT PRO TEM DAVID GIVENS EXPLAINED OTHER PROVISIONS OF THE TWO MEASURES.

>> THE LARGEST CHANGE COMES IN THE ABILITY FOR THE PRESIDENT AND THE SPEAKER TO BRING US BACK FOR NO MORE THAN 12 LEGISLATIVE DAYS ANNUALLY.

THAT'S THE LARGEST CHANGE.

THAT WOULD BE IN THE CONSTITUTION.

WE'RE GOING TO HOLD IT IN THE SAME PLACE, THE SAME SEAT OF GOVERNMENT IT.

DOES PRESCRIBE THAT WE COULD NOT CHANGE, AND WE'RE TAKING THE DATES OUT OF THE CONSTITUTION.

THEY'RE GOING TO BE FOUND IN SOME COMPANION LEGISLATION THAT WE WILL HEAR SUBSEQUENTLY HERE TODAY.

IT'S ON THE ORDERS FOR TODAY, SENATE BILL 181.

THE ONLY WAY THAT WE CAN CHANGE THAT PRESCRIBED END DATE THAT WOULD NOW BE FOUND IN STATUTE WOULD BE BY A 3/5 MAJORITY OF ALL THE MEMBERS ELECTED TO BOTH HOUSES.

IT DOES NOT CHANGE THE GOVERNOR'S ABILITY TO CALL US BACK INTO A SPECIAL SESSION FOR LIMITED CIRCUMSTANCES.

MR. PRESIDENT, SENATE BILL 181 PUTS INTO STATUTE THE DATES THAT WE HAD DISCUSSED, THOSE ENDING DATES FOR AN ODD NUMBERED YEAR, AND ENDING DATE FOR AN EVEN NUMBERED YEAR.

THOSE DATES ARE PARALLEL TO WHAT WE CURRENTLY HAVE, MARCH 31st AND APRIL THE 15th.

WE DEFINE INTERIM PERIODS AND WHAT THEY ARE.

WE DO MENTION, AND THIS IS A NOVEL APPROACH, AND WE HAD GREAT DEBATE AND DISCUSSION, THE SENATOR FROM JEFFERSON 19 MENTIONED THE WORK THAT WENT ON IN THIS LEGISLATION, HOW IT WAS VETTED AND DISCUSSED, AND WE WENT BACK AND FORTH.

SOMETHING THAT I'M EXCITED ABOUT AND WAS ARIL APPREHENSIVE ABOUT AT FIRST IS ANY BILL FILED DURING WHAT WE'RE GOING TO CALL THE REGULAR SESSION PERIOD DOES HOLD ON OVER INTO THE REMAINDER OF THE YEAR OR LEGISLATIVE ACTION.

UP UNTIL THE DATE OF DECEMBER 31st.

THERE'S GOING TO BE DAYS, MR. PRESIDENT, THAT I'M GOING TO LIKE THAT IF I'M AROUND AND THIS HAPPENS TO BECOME THE LAW.

THERE'S GOING TO BE OTHER DAYS I WELL MAY NOT LIKE IT AND WISH WE HADN'T HAVE DONE THIS.

BUT A GOOD BILL AND GOOD POLICIES ADDRESSES, AND THE GOOD POLICIES THAT IT ADDRESSES SHOULD LINGER.

WE SHOULDN'T HAVE TO RESTART THAT CONVERSATION.

AND IT WOULD PERMIT TO US MAKE THE MOST EFFECTIVE USE OF THOSE LEGISLATIVE DAYS.

WE DO CHANGE A SLIGHT CHANGE THERE ON THE BOTTOM OF THE PAGE 3 REGARDING THE WAY WE ARE PAID DURING THOSE EXTRAORDINARY SESSIONS CALLED BY THE GOVERNOR OR THE EXTRAORDINARY SESSIONS THAT WOULD BE CALLED -- OR THE UNIQUE SESSIONS THAT WOULD BE CALLED BY THE PRESIDENT AND THE SPEAKER IN THAT WE WOULD NOT BE PAID FOR THOSE VETO PERIODS, DAYS WHEN WE'RE SITTING AND WAITING ON THE GOVERNOR TO ACT ON LEGISLATION.

>> Casey: LAWMAKERS ON BOTH SIDES OF THE AISLE QUESTIONED THE NEED TO RUSH HOUSE BILL 4 THROUGH THE LEGISLATURE THIS YEAR SINCE, AS A PROPOSED CONSTITUTIONAL AMENDMENT, IT CANNOT ACTUALLY GO BEFORE VOTER UNTIL NOVEMBER OF 2022.

>> IS THAT THIS IS A BIG DEAL.

IT'S AN INSTITUTIONAL ISSUE FOR THE LEGISLATURE.

AGAIN, IT'S NOT A REPUBLICAN OR DEMOCRAT ISSUES.

IT'S NOT A HOUSE OR A SENATE ISSUE, YOUNG OR OLD, URBAN OR PARI-MUTUEL THIS IS AN INSTITUTIONAL ISSUE.

AND AS AN INSTITUTIONAL ISSUE, WE NEED ALL OF INSTITUTIONAL INPUT WE CAN GET.

EVEN ON THIS BILL.

THE SENATOR FROM GREEN INVOLVED SOME OF US IN THE PROCESS.

BUT UNTIL WE ALL REALLY LOOK AT THIS, THEY CAN'T BE THE BEST PRODUCT IT CAN BE SO I ENCOURAGE EVERY MEMBER, THE SENATOR FROM MARSHALL HAS A MUCH DIFFERENT VIEW OF HOW THINGS HAPPEN IN FRANKFORT AND WHAT IT LOOKS LIKE TO REPRESENT HIS CONSTITUENCY IN FRANKFORT THAN I DO.

EVEN LOOK AT THE SAME AREA, THE SENATOR FROM JEFFERSON 33, DUE TO HIS EXPERIENCE HERE IN THIS CHAMBER, HAS A DIFFERENT VIEW OF HOW THINGS OPERATE THAN I DO.

TO GET ALL OF THOSE DIFFERENT OPINIONS IS EXTREMELY IMPORTANT BECAUSE WE'RE GOING TO GET ONE SHOT AT THIS.

>> MR. PRESIDENT, I DO APPRECIATE THE EFFORTS TOWARD MAKING A CONSTITUTIONAL AMENDMENT, AND I DO THINK THAT IT IS CERTAINLY IN ORDER TO DO SO, WE DO NEED TO BE CAREFUL, THOUGH, AS WE THINK ABOUT THE AUTHORITY THAT WE ARE SHIFTING HERE.

WE HAVE A LOT OF MOVING PARTS HERE, SEVERAL OF WHICH ARE GOING TO STACK ON TOP OF EACH OTHER.

I FEEL LIKE WE NEED TO TAKE A LITTLE BIT MORE OF A NARROW SURGICAL APPROACH TO THIS AND LOOK AT HOW WE CAN BE SURE THAT NOT ONLY THE EXECUTIVE POWER IS IN CHECK BUT ALSO THE LEGISLATIVE POWER FOR THE GOOD OF OUR CONSTITUENTS.

>> I WOULD LIKE TO SEE TWO THINGS.

ONE, I DO AGREE THAT THERE OUGHT TO BE A NUMBER OF MORE LEGISLATIVE DAYS, BUT I DON'T THINK WE SHOULD LIMIT OURSELVES TO 12.

AS WE HAVE SEEN IN MY EXPERIENCE HERE EIGHT YEARS, SOMETIMES YOU CAN'T GET ENOUGH DONE IN 12 DAYS.

AND IN ADDITION, I THINK WE OUGHT TO HAVE SOME KIND OF SUMMER OR FALL SESSION.

OUR BUSINESS, AS THIS BILL POINTS OUT SPECIFICALLY, DOESN'T END ON MARCH 30th OR APRIL 15th.

OUR WORK GOES ON CONTINUOUSLY, AND AS YOU SAID BEFORE, FOR US TO CALL OURSELVES PART-TIME LEGISLATORS IS SOMETIMES JUST LAUGHABLE BECAUSE WE REALLY DO WORK YEAR ROUND.

>> Casey: HOUSE BILL 4 AND THE COMPANION SENATE BILL 181 PASSE THE SENATE ON VOTES OF 31 TO 4.

A SENATE COMMITTEE SUBSTITUTE T HOUSE BILL 4 INCREASED THE NUMBER OF EXTRA DAYS THAT LAWMAKERS COULD MEET FROM 10 TO 12, SO THAT BILL RETURNS TO THE HOUSE FOR FURTHER CONSIDERATION LOUISVILLE'S NEW CIVILIAN REVIE BOARD, CREATED TO PROVIDE OVERSIGHT OF THE LOUISVILLE METRO POLICE DEPARTMENT, WOULD RECEIVE SUBPOENA POWER IN A SENATE BILL HEADING OUT OF COMM THE LOUISVILLE CITY COUNCIL CREATED THE CIVILIAN REVIEW BOARD AND A NEW INSPECTOR GENERAL OFFICE IN NOVEMBER, IN RESPONSE TO THE FATAL POLICE SHOOTING OF BREONNA TAYLOR.

SENATE MINORITY LEADER MORGAN MCGARVEY SPONSORS SENATE BILL 247, THE MEASURE THAT WOULD PROVIDE SUBPOENA POWER TO THE CIVILIAN BOARD.

HE SAYS THE MEASURE WOULDN'T ALLOW THE BOARD TO FIRE POLICE OFFICERS, BUT WOULD INSTEAD OFFER RECOMMENDAT.

>> I WANT TO BE CLEAR WITH THIS COMMITTEE WHAT THE CIVILIAN REVIEW BOARD DOES.

AND THIS IS NOT HYPOTHEY BE.

THE ORDINANCE HAS BEEN PASSED.

WE KNOW THE POWERS OF THE CIVILIAN REVIEW BOARD AND THE POWERS OF THIS INSPECTOR GENERAL AS IT RELATES TO THE CITY OF LOUISVILLE.

IN FACT, IN THE ORDINANCE IT SAYS THAT THEY MAY ADVISE THE MAYOR, THE METRO COUNCIL, AND THE CHIEF POLICE ON MATTERS RELATES TO THE QUALITY AND ADEQUACY INTERNAL POLICE INVESTIGATIONS OR INVESTIGATIONS BY THE INSPECTOR GENERAL, AND RECOMMEND CHANGES IN POLICY, TRAINING, PROCEDURES, AND STAFF AS A RESULT OF ITS REVIEWS.

THE CITIZENS REVIEW BOARD CANNOT FIRE POLICE OFFICERS.

THE CITIZENS REVIEW BOARD CANNOT CHANGE HOW THE AGENCY DOES SOMETHING.

WHAT THEY CAN DO IS WITH TRANSPARENCY, WITH ACCOUNTABILITY, WITH THE INFORMATION THAT THEY HAVE MAKE RECOMMENDATIONS SO THAT THERE IS SOME INCREASED ACCOUNTABILITY THERE.

>> Casey: THE SUBPOENAS WOULD HAVE TO BE SIGNED OFF ON BY A CIRCUIT COURT JUDGE.

SENATE PRESIDENT ROBERT STIVERS SPOKE ON THE MEASURE.

HE DISCUSSED HOW THIS BILL COULD ALLOW FOR INVESTIGATION INTO ISSUES LIKE THE LOUISVILLE METRO POLICE DEPARTMENT'S EXPLORER PROGRAM, WHICH HAS FACED WITH ACCUSATIONS OF SEXUAL MISCONDUCT.

LOUISVILLE SENATOR DAVID YATES, THE FORMER LOUISVILLE METRO COUNCIL PRESIDENT, AGREES WITH STIVERS, AND COMMENTED ON THE METRO COUNCIL BEING UNABLE TO PLACE A CHECK ON POWER.

>> WHAT WOULD BE THE OBJECTION OF AN INDIVIDUAL OR AN ENTITY, WHICH IT MAY BE AN INDIVIDUAL OBJECTION OR AN ENTITY OBJECTION, TO HAVING THE TRANSPARENCY OF A GROUP TO BE ABLE TO LOOK INTO CERTAIN ALLEGATIONS?

THEY CANNOT -- THEY CANNOT INDICT.

THEY CANNOT SUE.

THEY CAN ONLY ISSUE REPORTS.

AND I GUESS WHERE MY CONCERN COMES, IF WE DON'T DO THIS, IS WHAT HAPPENED, PARTICULARLY IN THE EXPLORERS PROGRAM, THAT THEY HAD METRO COUNCIL HAD NO OPPORTUNITY TO PULL THE CURTAIN BACK AND SEE WHAT HAPPENED TO A LOT OF YOUNG STUDENTS AND CHILDREN.

>> NO, THERE WAS A LONG HISTORIES OF ABUSE AND THERE I WAS HISTORY OF COVER-UP AS WELL AND THERE WAS NO ABILITY TO CHECK OR OVERSIGHT AT ALL, AND SO YOU'VE GOT TO HAVE SOME TYPE OF SUBPOENA POWER.

YOU HAVE TO HAVE SOME TYPE OF OVERSIGHT.

A LEGISLATIVE BODY WITHOUT ANY ABILITY TO CHECK THE OTHER BODIES IS WHAT?

>> ALL PROCEEDINGS, RECORDS AND DELIBERATIONS BY THE CIVILIAN REE.

VIEW BOARD NOT SUBJECT TO RECOVERY OR SUBPOENA SENATOR DANNY CARROLL VOTED AGAINST THE MEASURE AND SAYS THAT IT WILL HURT THE RECRUITMENT WITHIN LMP.

>> NOW, I WILL ECHO SOME OF THE COMMENTS THAT I MADE ON THE FLOOR PREVIOUSLY ABOUT THE OFFICERS NEEDING TO BE AT THE CORE OF THE CHANGE.

I THINK WHAT LOUISVILLE METRO HAS DONE WILL LEAD TO MASS RESIGNATIONS, RETIREMENTS, AND I JUST DON'T THINK THIS IS THE BEST WAY TO ADDRESS THE PROBLEM, AND I DON'T WANT TO BE A PART OF MAKING THIS PART OF STATUTE WHICH COULD LEAD TO THIS EXPANDING THROUGHOUT THE STATE.

THE PROCESS IS ALREADY IN PLACE.

THE COURTS ARE THE BODY WHO MAKE RULINGS AND MAKE THESE DECISIONS DECISIONS.

I DON'T THINK IT'S THE ROLE OF THE LEGISLATIVE BODY TO BE PROVIDING A JUDICIARY FUNCTION.

>> Carolyn: SENATE BILL 247 PASSED 8-3 AND NOW HEADS TO THE SENATE FOR consideration KENTUCKY'S WATER DISTRICTS COUL CHARGE LATE FEES TO THEIR CUSTOMERS IN A HOUSE BILL ON IT WAY TO THE SENATE.

TODAY THE KENTUCKY HOUSE PASSED HOUSE BIL IT WOULD ALLOW LATE PAYMENT CHARGES OF UP TO 10 PERCENT OF THE AMOUNT BILLED, AND WOULD NO ALLOW THE PUBLIC SERVICE COMMISSION FROM MODIFYING OR SUSPENDING LATE PAYMENT CHARGES MOUNT VERNON REPRESENTATIVE JOS BRAY EXPLAINED HIS MEASURE TO THE HOUSE.

>> WHAT THIS BILL HERE DOES IS SIMPLE IT.

CAPS DELINQUENT ELTON PENALTIES AS THE 10% AND REVERSE THE ABILITY FOR RURAL DISTRICTS TO USE THIS COLLECTION TOOL JUST AS THEY HAVE OVER THE PAST 50 YEARS.

THE SIX WATER DISTRICTS THAT HAVE THIS COLLECTION TOOL REMOVED WILL BE ABLE TO PETITION THE PFC IS HAVE IT RESTORED.

THIS BILL DOESN'T MANDATE ANY NEW PENALTIES.

IT SIMPLY ALLOWS LOCAL DISTRICTS TO MAKE THE BEST VOICE FOR THEIR SYSTEM.

>> Casey: LOUISVILLE REPRESENTATIVE MARY LOU MARZIAN VOTED AGAINST HOUSE BILL 272.

SHE SAYS THAT CHARGES FOR LATE PAYMENTS DO NOT HELP COLLECT FROM PEOPLE THAT ARE BEHIND ON THEIR BILLS.

BE.

I THINK THIS IS A VERY PUNITIVE BILL TO OUR LOW-INCOME AREAS OF THE STATE TO NOT OJ ONLY CHARGE THEM LATE FEE IN A PANDEMIC BUT ALSO MAYBE TURN OFF THEIR WATER, AND I DON'T THINK THERE'S DATA THAT SAYS THAT THIS WILL ENCOURAGE PEOPLE TO PAY.

IN FACT, THE PFC FOUND THAT THIS DID NOT MAKE AN INCENTIVE THAT THEY WOULDN'T GET A -- THAT THEY WOULD GET A LATE FEE, AND A 10% LATE FEE IS A BIT EXCESSIVE WHEN THE IRRELEVANCE, I THINK WHAT MY INFORMATION SAYS, THE IRS ONLY CHARGES .5% A MONTH FOR LATE TAXES P >> Casey: OAKLAND REPRE MICHAEL MEREDITH SPOKE IN FAVOR OF THE MEASURE.

HE CALLS THE 10 PERCENT CAP ON LATE PAYMENT FEE HOUSE MINORITY WHIP ANGIE HATTO SHE TALKED ABOUT SOME OF THE DIFFICULTIES THAT PEOPLE IN EASTERN KENTUCKY HAVE HAD MAKIN PAYMENTS ON THEIR WATER BILLS.

>> THERE ARE SMALL UTILITIES WHO ARE STRUGGLING AND ARE WONDERING HOW THEY CAN MANAGE THEIR CASH FLOW, KEEP THEIR PEOPLE ON STAFF, AND PROVIDE THE SERVICE TO THEIR CUSTOMERS WITHOUT SOME BACKLOG OF BEING ABLE TO TAKE CARE OF THE SITUATIONS THAT THEY FIND THEMSELVES IN, AND FOR THOSE LARGER UTILITIES WHO ARE FRUSTRATED THAT THEY MAY HAVE A LARGE COMMERCIAL ACCOUNT THAT'S AFFECTING THEIR CASH FLOW BUT IT'S NOT BECAUSE SOMEONE IS IN A POSITION THAT THEY'RE HURTING.

NOW, I THINK WE ALL WANT TO HELP THOSE WHO ARE HURTING, AND I THINK IF YOU GO INTO THESE LOCAL COMMUNITIES AND THESE PEOPLE GO IN AND THEY TALK ABOUT WHAT'S GOING ON WITH THESE UTILITY FOLKS, THEY'RE GOING TO DO THE BEST THAT THEY CAN TO WORK WITH THEM.

BUT THEY ALSO DON'T WANT TO GET IN A POSITION WHERE IT GETS SO FAR BEHIND THAT THEY'RE NEVER ABLE TO WORK THE SITUATION OUT WITH THEM AND GET THEM BACK ON THE RIGHT TRACK.

>> THE PFC HAS SEEN FIT TO WAIVE LATE FEES, AND THEY'VE HAD A YEAR TO STUDY THE EFFECT THAT WAIVING LATE FEES HAS, AND WHAT THEY HAVE FOUND IS THAT IT DOES NOT DECREASE ON-TIME PAYMENTS.

THOSE OF YOU WHO HAVE SEEN ME FOR THE LAST SEVEN SESSIONS KNOW THAT I ARGUE AGAINST WHAT THE PSC DOES VERY OFTEN.

I'M CONSTANTLY AT ODDS WITH THEM FOR RAISING ELECTRIC RATES.

BUT IN THIS CASE THEY HAVE PROVEN THAT THEY KNOW WHAT THEY'RE DOING.

>> Casey: HOUSE BILL 272, WHIC WOULD KEEP THE PUBLIC SERVICE COMMISSION FROM SUSPENDING LATE PAYMENT CHARGES, PASSED THE HOUSE 70 TO 25.

LEGISLATION PASSING THE HOUSE WOULD PUT A CAP ON THE NUMBER OF SIGNATURES REQUIRED TO FORCE A RECALL VOTE ON TAXES LEVIED BY SCHOOL BOARD CURRENTLY, RECALL PETITIONS FOR SCHOOL TAX LEVIES MUST BE SIGNE BY AT LEAST 10 PERCENT OF THE TOTAL NUMBER OF VOTES CAST DURING THE LAST PRESIDENTIAL ELECTION FOR THAT MUNICIPALITY.

HOUSE BILL 133, SPONSORED BY LOUISVILLE REPUBLICAN KEVIN BRATCHER, WOULD CAP THE NUMBER OF NECESSARY SIGNATURES AT 5,00 THAT MEANS KENTUCKY'S LARGEST CITIES, LOUISVILLE AND LEXINGTON, WILL REQUIRE FAR LES SIGNATURES THAN BEFORE.

LOUISVILLE REPRESENTATIVE JONI JENKINS AND TINA BOJANOWSKI, WH IS A JEFFERSON COUNTY PUBLIC SCHOOL TEACHER, SPOKE AGAINST THE MEASURE.

HOUSE BILL 133 SPONSOR KEVIN BRATCHER SAID HE AGREES WITH HIS FELLOW LOUISVIL REPRESENTATIVES, BUT DEFENDED HIS MEASURE.

>> IF WE FUND IT, PUBLIC SCHOOLS, THE WAY WE SHOULD IN THIS STATE, THIS REALLY WOULDN'T BE SUCH AN ISSUE, BUT WE DON'T, AND OUR SCHOOLS ARE STRUGGLING, AND I WILL TELL YOU IN JEFFERSON COUNTY WE HAVE CRUMBLING SCHOOLS THAT MAY NOT BE THE SAME IN YOUR DISTRICTS, BUT IN JEFFERSON COUNTY WE HAVE A REAL PROBLEM WITH OUR SCHOOL FACILITIES AND OUR ABILITY TO FUND THE SCHOOLS, AND WE RELY ON PROPERTY TRACK TO TAKE UP THE SLACK WHEN THE STATE DOES NOT DO THEIR PART.

>> OKAY.

SO THIS BILL REALLY CONCERNS ME BECAUSE YOU ASK ANYONE, AND LIKE HEARD FROM MANY CONSTITUENTS, DO YOU WANT TO PAY MORE TAXES?

NO.

BUT TO YOU WANT REDUCED CRIME?

DO YOU WANT A BETTER WORKFORCE FOR YOUR COMMONWEALTH?

YOU ASK THOSE QUESTIONS, THEY'LL BE LIKE, YES.

SO I THINK WE NEED TO BE VERY CAREFUL BECAUSE INCREASING TAXES BY A SCHOOL BOARD IS AN INVESTMENT IN OUR COMMUNITY.

IT'S NOT JUST ASSEMBLY SIMPLY A QUESTION OF DO YOU OR DON'T YOU THE WANT TO PAY MORE TAX.

>> I COULDN'T AGREE MORE WITH THE TWO LADIES FROM JEFFERSON THIS.

DID THIS DOES NOTHING TO STOP ANY KIND TAX INCREASE.

IT JUST ALLOWS THE PEOPLE TO HAVE A VOICE IF IT GOES ABOVE 4%.

IN JEFFERSON COUNTY IT WAS 9%, AND I THINK AFTER 4% IT'S REASONABLE TO SAY THAT THE PEOPLE OF THE DISTRICT SHOULD HAVE A VOICE AND A YES OR NO VOTE ON IF IT SHOULD PASS OR NOT.

>> Casey: ONLY TAX LEVIES OVER 4 PERCENT OF THE COMPENSATING RATE ARE SUBJECT TO RECALL.

HOUSE BILL 133, WHICH WOULD PLACE A CAP ON SIGNATURES REQUIRED FOR RECALL ELECTIONS O TAXES LEVIED BY SCHOOL DISTRICTS, PASSED THE HOUSE 72 TO 21 AND WILL HEAD ACROSS THE CAPITOL'S THIRD FLOOR TO THE SE THAT'S ALL FOR OUR DAY 20 COVERAGE OF THE 20-21 KENTUCKY GENERAL ASSEMBLY IN REGULAR SES FOR INFORMATION ABOUT LEGISLATIVE MEETINGS, CALL 1-80 YOU CAN ALSO FOLLOW OUR GAVEL-TO-GAVEL COVERAGE THROUGHOUT THE DAY BY DOWNLOADING KET'S LEGISLATIVE COVERAGE APP TO YOUR SMART PHON OR TABLET.

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