>> Casey: A BILL THAT AIMS TO PROVIDE SCHOOL CHOICE PASSES THE HOUSE, WITH AN AMENDMENT THAT WOULD CREATE FULL-DAY KINDERGARTEN IN KENTUCKY.

AND THE SENATE PASSES A MEASURE THAT WOULD INCREASE PENALTIES FOR CRIMES DURING A RIOT, AND MAKE IT ILLEGAL TO INSULT OR TAUNT A POLICE OFFICER IF IT COULD PROVOKE VIOLENCE.

ON DAY 25 OF THE 2021 KENTUCKY GENERAL ASSEMBLY IN REGULAR SESSION.

GOOD EVENING AND THANK YOU FOR JOINING US FOR "LEGISLATIVE UPDATE."

I'M CASEY PARKER-BELL.

IT WAS A FRENETIC DAY IN THE KENTUCKY HOUSE OVER A COMPLEX SCHOOL CHOICE BILL THAT RILED PASSIONS ON BOTH SIDES OF THE ISSUE.

TWO DIFFERENT SCHOOL CHOICE MEASURES WEDDED TOGETHER AND CLEARED THE HOUSE AFTER HOURS OF DELIBERATION.

HOUSE MAJORITY WHIP CHAD MCCOY CALLS HIS MEASURE SCHOOLS WITHOUT BORDERS.

IT AIMS TO HELP THE STATE'S POOREST KIDS IN URBAN AREAS GET A BETTER EDUCATION.

THE BILL DEALS WITH SCHOOL ENROLLMENT POLICIES AND THE CREATION OF EDUCATION OPPORTUNITY ACCOUNTS FOR PARENTS TO TAP INTO.

MCCOY EXPLAINED IN THE HOUSE APPROPRIATIONS COMMITTEE THIS MORNING THAT IT REQUIRES A SCHOOL DISTRICT TO ADOPT A POLICY THAT WOULD ACCEPT OUT-OF-DISTRICT KIDS BEGINNING JULY 2022.

>> IF A STUDENT COMES FROM A DIFFERENT DISTRICT TO YOUR DISTRICT, THEN YOU GET TO COUNT THEM IN YOUR ADA, THAT IS YOUR AVERAGE DAILY ATTENDANCE, IN OTHER WORDS, THE STATE PORTION OF THE SEEK DOLLARS WILL FOLLOW THEM.

A COUPLE OTHER THINGS IN THAT HOUSE BILL -- OR IN THAT SECTION, SORRY, ON THE SCHOOL WITHOUT BORDERS, SOME CONCERNS WERE RAISE TODAY ME THAT THIS MIGHT BE USED AT A RECRUITING TOOL FOR ATHLETES.

LET ME BE CLEAR.

I AM HERE SOLELY FOCUSED ON EDUCATING KIDS, PERIOD, AND GIVING PARENTS CHOICE.

SO I PUT IN THIS BILL THAT IF YOU MOVE PURSUANT TO THIS POLICY, YOU CANNOT PLAY SPORTS FOR ONE YEAR.

>> Casey: THE BILL CREATES AN EDUCATIONAL OPPORTUNITY ACCOUNT PROGRAM FOR PRIVATE-INDIVIDUAL OR BUSINESS DONATIONS.

THOSE DONATIONS ARE ELIGIBLE FOR TAX CREDITS THAT WOULD HAVE TO BE APPROVED BY THE STATE REVENUE DEPARTMENT.

THE BILL WAS LATER AMENDED ON THE HOUSE FLOOR TO LET THOSE ACCOUNTS BE USED TO PAY FOR PRIVATE SCHOOL TUITION ONLY IN THE STATE'S MOST POPULATED COUNTIES: FAYETTE, JEFFERSON AND KENTON, BUT NOT ELSEWHERE.

THE AMENDED BILL STRIKES THE CREATION OF A TASK FORCE TO EXAMINE BASE SCHOOL FUNDING THAT WAS PART OF THE ORIGINAL BILL.

AND IT CLARIFIES THAT LOCAL SCHOOL BOARDS WILL MAKE POLICY DETERMINATIONS ON NON-RESIDENT STUDENTS BASED ON SCHOOL CAPACITY.

BUT THE SURPRISE AMENDMENT AND ADDITION WAS THE FUNDING OF ALL-DAY KINDERGARTEN THAT COMES TO THE TUNE OF $100 MILLION.

IN THE HOUSE BUDGET PANEL THIS MORNING, A SPOKESMAN FOR THE KENTUCKY DEPARTMENT OF EDUCATION VOICED CONCERN ABOUT THE UNINTENDED CONSEQUENCES OF THE MEASURE THAT COULD BE FOUND UNCONSTITUTIONAL.

>> THERE IS ALREADY AN OPTION IN STATE LAW THAT ALLOWS STUDENTS TO ATTEND VIRTUALLY.

THERE IS NOTHING IN THIS BILL THAT WOULD ALLOW ONE DISTRICT TO OPEN UP ITS BORDERS, SO TO SPEAK, TO ALL STUDENTS WHO WANT TO ATTEND A VIRTUAL ACADEMY AND START BRINGING IN ALL THOSE TAX DOLLARS.

THAT I DON'T THINK HAS BEEN WELL VETTED YET, MORE THOUGHT OUT AND IT NEEDS MORE WORK.

THAT'S JUST ONE OF THE UNINTENDED CONSEQUENCES.

FINALLY I THINK SOMEBODY ASKED THE QUESTION EARLIER WHAT ABOUT THE SMALLER DISTRICTS?

THERE ARE CERTAINLY DISTRICTS THAT WOULD BENEFIT FROM THIS.

THERE ARE OTHERS TO WHICH THIS BILL PRESENTS AB ATHLETE.

THOSELES COMMUNITIES COULD LOSE THEIR SCHOOL.

EVEN IN DISTRICTS WHERE THEY CONTINUE TO OPERATE FINANCIALLY, THERE MAY BE AREAS BECAUSE THEY HAVE LOST SO MANY STUDENTS THAT INDIVIDUAL SCHOOLS HAVE TO CLOSE.

AND I KNOW AREAS OF RURAL KENTUCKY ALREADY KNOW THIS.

WHEN YOU LOSE STUDENTS WEBSITES NOT AS LIKE THE DEBT SERVICES DOESN'T HAVE TO BE PAID ANY MORE ON THOSE SCHOOL BUILDINGS THAT ARE NOW TOO BIG FOR THE STUDENT BODY THAT THEY HAVE.

MOVING ON TO THE SCHOLARSHIP TAX CREDIT PORTION, WE SIMPLY HAVE CONCERNS ABOUT THE EDUCATIONAL SERVICE PROVIDERS.

KDE, PARTICULARLY IN RECENT YEARS WANT HAS PUT AN EMPHASIS ON EVIDENCE THE-GADES PROGRAMS THAT ARE SHOWN TO POSITIVELY AFFECT STUDENT LEARNING AND ACHIEVEMENT BUT THERE'S NO EMPHASIS ON THAT IN THIS BILL.

WHAT AP POLICE AND SOFTWARE COULD BE USED.

WHAT ONLINE LEARNING PROGRAMS COULD BE USED.

I THINK THE INTENT IS GOOD AND WE WANT TO WORK ON THAT, BUT THE PO ESSENTIAL IS THERE NOR WASTE, FRAUD AND ABUSE YU TAKING $25 MILLION OUT OF OF THE STATE TREASURY AND SPENDING ON WHERE NOT QUITE SURE WILL HAVE THE IMPACT THAT WE WANT.

>> Casey: SUPERINTENDENTS ON BOTH SIDES OF THE MEASURE TESTIFIED IN COMMITTEE TODAY, BUT THE KENTUCKY EDUCATION ASSOCIATION WAS NOT ALLOWED TO SHARE THEIR OPPOSITION DURING TODAY'S HEARING.

DURING A COMMITTEE HEARING ON THE BILL YESTERDAY, PARENT DESIREE CAUDILL OF RICHMOND TESTIFIED IN FAVOR OF THE BILL.

SHE'S A FULL-TIME WORKING MOM OF THREE AND A STUDENT.

TWO OF HER CHILDREN ATTENDED A NON-PUBLIC SCHOOL FOR THE FIRST TIME BECAUSE OF THE COVID PANDEMIC THAT SHUT DOWN IN-PERSON LEARNING AT PUBLIC SCHOOLS.

S. >> SINCE WE'VE BEEN IN A NON-PUBLIC SCHOOL, WE HAVE HAD THE MOST AMAZING EXPERIENCES.

MY OLDEST -- OR MY YOUNGEST SON, HE HAS SENSORY ISSUES AND HE PANICS WHEN THERE'S A LOUD ENVIRONMENT, SO BEING IN A SMALL CLASSROOM AND GETTING INDIVIDUAL INSTRUCTIONS FROM THE TEACHER, THIS REALLY HAVE HAD BEEN A VERY POSITIVE AFFECT ON HIS EDUCATION.

AND I'M JUST LIKE EVERY OTHER PARENT.

I WANT WHAT'S BEST FOR MY KIDS.

AND I HAVE REALLY WATCHED THEM THRIVE IN THIS ATMOSPHERE.

>> Casey: A PAIR OF JEFFERSON COUNTY DEMOCRATS AND EDUCATORS SAY THE ANSWER TO IMPROVING EDUCATIONAL OUTCOMES OF DISADVANTAGED KIDS IS MORE PUBLIC EDUCATION SUPPORT, NOT SIPHONING $25 MILLION FROM THE PUBLIC SYSTEM TO PRIVATE SCHOOLS THAT COULD RESULT IN FURTHER INEQUITIES.

REPRESENTATIVE JOSIE RAYMOND CH LOUISVILLE OFFERED SEVERAL FLOOR AMENDMENTS TO THE BILL NONE WERE APPROVED.

>> DO NOT UNDERFUND PUBLIC EDUCATION AND THEN BLAME PUBLIC EDUCATORS NOR FOR NOTE BEING ABLE TO MEET THE NEEDS OF THEIR STUDENT IS IRRATIONAL.

THE QUESTION IS WHETHER WE SHOULD MOVE TOWARD AN EQUITABLE SYSTEM OF EDUCATION FOR ALL CHILDREN BY FULLY FUNDING PUBLIC EDUCATION OR, TUBED GUISE OF CHOICE, THAT WE MOVE TOWARD SCHOOLS THAT ARE MORE SEGREGATED WITH POVERTY MORE CONCENTRATED IN CERTAIN SCHOOLS AND COMMUNITIES, WHILE FURTHER AMPLIFYING THE GAP BETWEEN THE HAVES AND THE HAVE-NOTS.

P. >> I'D LIKE TO ADDRESS A POPULATION AFFECTED BY THIS BILL THAT WE HAVEN'T TALKED ABOUT YET, AND THAT'S THE END USER, THE FAMILY.

THE WAY THIS IS DESIGNED, IT'S NOT DESIGNED FOR THEM.

IT CREATES A LABYRINTH FOR LOW AND MIDDLE INCOME FAMILIES TO NAVIGATE.

THEY HAVE TO DECIDE WHICH ACCOUNT GRANTING ORGANIZATION WILL I CHOOSE WITHOUT KNOWING THE ASSET AMOUNTS OF THOSE ACCOUNT GRANTING ORGANIZATIONS, WITHOUT KNOWING WHAT GRANT ANNOUNCEMENTS THEY COULD AFFECT FROM EACH ONE OR WHETHER THIELEN GET A GRANT FROM THAT AGL.

THEY WILL NOT KNOW THE APPROVED LIST OF EDUCATION SERVICE PROVIDERS.

THEY WILL NOT KNOW WHETHER THOSE PEOPLE WILL MEET THEIR CHILD'S NEEDS OR WHETHER THOSE PEOPLE ARE BIGOTED.

THEY WILL NOT KNOW WHETHER THOSE PEOPLE ARE CERTIFIED, QUALIFIED, BACKGROUND CHECKED, IF THEY'RE ANY GOOD AT WHAT THEY DO.

THEY WON'T KNOW WHETHER THOSE PEOPLE ARE SUCH A, WHETHER THEY HAVE NO HISTORY OF SEXUAL ASSAULT.

I HEARD IN COMMITTEE THAT FAMILIES SHOULD SHOP AROUND.

WE'RE ASKING OUR MOST DISADVANTAGED, LEAST ENGAGED FAMILIES TO SHOP AROUND?

>> Casey: REPRESENTATIVE BOJANOWSKI CLAIMED THAT THE BILL WOULD ALLOW FOR A FAMILY MAKING AROUND $80,000 A YEAR TO QUALIFY FOR $3300 FROM THE EDUCATION OPPORTUNITY ACCOUNTS TO HELP PAY FOR TEXTBOOKS, COMPUTERS AND TUTORS FOR THEIR CHILD IN PRIVATE SCHOOL.

HOUSE MAJORITY WHIP CHAD MCCOY RENDERED THIS PASSIONATE DEFENSE.

>> FOLKS, AIN'T NOBODY RICH QUALIFYING FOR THIS STUFF.

THIS IS FOR THE WORKING POOR AND THE REAL POOR.

SO IF THEY GET $3,300, IF THAT'S WHAT YOUR MATH SAYS AND THEY GET TO SPEND THAT TO HELP THEIR CHILD WITH THEIR EDUCATION, THEN SAY AWESOME!

I THINK THAT'S GREAT!

I DON'T KNOW WHAT THE MATH IS SO I'M NOT GOING TO AGREE OR DISAGREE, BUT I JUST -- I DON'T KNOW WHAT WE'RE SCARED OF.

IT'S MONEY GOING TO HELP POOR PEOPLE IN KENTUCKY.

GET A BETTER EDUCATION FOR THEIR CHILDREN.

THIS IS NOT AS HARD.

THIS IS NOT SCARY.

WE ARE THE ONLY STATE IN THE EASTERN PART OF, SOUTHERN PAST THE UNITED STATES THAT DOESN'T HAVE THIS STUFF.

>> Casey: FELICIA RABOURN FROM CARROLL COUNTY SAID THE AMENDED BILL WAS WEAK, WATERED DOWN AND DOESN'T ALLOW PARENTS TRUE CHOICE.

BUT SHE ADVOCATED FOR THE FLOOR AMENDMENT, OFFERED BY LOUISVILLE REPUBLICAN JERRY MILLER, THAT WOULD ONLY LET EDUCATION OPPORTUNITY ACCOUNTS COVER PRIVATE SCHOOL TUITION IN JEFFERSON, FAYETTE AND KENTON COUNTIES.

HOUSE MINORITY FLOOR LEADER JONI JENKINS FELL SHORT OF CLAIMING THE FINAL VERSION OF THE SCHOOL CHOICE MEASURE "A" TO A BAIT SOME OF AND SWITCH TACTIC.

>> I MYSELF ATTEND FIVE DIFFERENT ELEMENTARY SCHOOLS BEFORE THIRD GRADE.

FOUR OF WHICH WERE IN JEFFERSON COUNTY, ONE WAS IN BULLITT COUNTY.

IN FIRST GRADE I WATCHED A YOUNG WOULD I BOY MY AGE THROWN ON THE GROUND AND HANDCUFFED BY POLICE.

BEHAVIOR ISSUES IN JEFFERSON COUNTY SCHOOLS ARE CONCERNING.

CHILDREN LIVING IN POVERTY ARE FAILED AT NO FAULT OF THEIR OWN.

PARENTS ARE FAILING THEIR CHILD, AGAIN, NO FAULT OF THEIR OWN.

ASK YOURSELF, SHOULDN'T EVERYONE, REGARDLESS OF RACE, ECONOMIC STATUS, AND GEOGRAPHIC LOCATION, BE OFFERED AN EQUAL OPPORTUNITY IN EDUCATION?

STUDENTS LIVING IN LOUISVILLE, FAYETTE, BOONE AND SO ON DESERVE A CHANCE, A CHANCE TO FIGHT THE VICIOUS CYCLE OF POVERTY THAT THEY WERE DEALT, AND AGAIN, THAT VICIOUS CYCLE OF POVERTY WAS DEALT TO THEM AT NO FAULT OF THEIR OWN.

>> NO MATTER WHAT YOU CAME IN HERE TO DO TODAY, IF YOU CAME IN HERE BECAUSE YOU THOUGHT THE BILL BEFORE YOU WAS GOOD FOR ALL OF KENTUCKY, I UNDERSTAND THAT.

I CAME IN HERE THINKING THIS BILL WAS NOT GOOD FOR ALL OF KENTUCKY, AND I STILL FEEL THAT WAY.

BUT I THINK IT'S REALLY DISINGENUOUS TO BRING A BILL THAT SAYS, ONLY POOR KIDS IN LOUISVILLE, ELECTRICS AND KEN-TON COUNTY DESERVE THIS HELP YOU THINK THEY NEED.

THERE ARE POOR CHILDREN THROUGHOUT OUR COMMONWEALTH, AND I AM PUZZLED WHY WE ARE SUDDENLY GOING TO SAY, WE GOT SPECIAL RULES FOR KIDS IN LOUISVILLE, LEXINGTON AND KENTON COUNTY.

I WOULD ASK YOU TO THINK ABOUT YOUR OWN HOME DISTRICTS AND WHAT YOU ARE DOING HERE.

>> Casey: AFTER MORE THAN THREE HOURS OF DEBATE, THE AMENDED SCHOOL CHOICE BILL CLEARED THE HOUSE 51 TO 45.

IF THE KINDERGARTEN FUNDING PROVISION IS MAINTAINED BY THE SENATE, THE MEASURE WILL NEED 60 VOTES TO SECURE FINAL PASSAGE WHICH IS REQUIRED FOR APPROPRIATION BILLS IN THE HOUSE IN ODD NUMBER SESSIONS.

OVER IN THE SENATE TODAY.

INSULTS TOWARD POLICE OFFICERS COULD BECOME A CRIME.

A SENATE BILL NOW ON ITS WAY TO THE HOUSE WOULD MAKE INSULTS OR TAUNTS TOWARD POLICE OFFICERS THAT COULD PROVOKE VIOLENCE A CRIME.

AND SENATE BILL 211 INCREASES PENALTIES RELATED TO CRIMES DURING A RIOT.

THE MEASURE SETS THE DEFINITION FOR A RIOT AS ANY PUBLIC DISTURBANCE OF FIVE OR MORE PEOPLE WHERE VIOLENT CONDUCT CREATES "GRAVE DANGER" OF DAMAGE OR INJURY, OR THAT SUBSTANTIALLY OBSTRUCTS LAW ENFORCEMENT OR OTHER GOVERNMENT FUNCTIONS.

SENATOR DANNY CARROLL IS A FORMER LAW ENFORCEMENT OFFICER.

HE EXPLAINED WHY HE BELIEVES HIS MEASURE IS NECESSARY AND EXPLAINED WHAT HE CALLS THE "FIGHTING WORDS" SECTION OF THE BILL, WHERE PEOPLE CAN FACE CHARGES FOR INSULTING A POLICE OFFICER.

>> WE NEED TO SEND A CLEAR MESSAGE TO THOSE OUTSIDE THIS COMMONWEALTH THAT THE WELCOME MAT IS NO LONGER THERE IF YOU PLAN TO COME TO OUR COMMONWEALTH TO TERRORIZE TERRORIZE OUR PEOPLE, ATTACK OUR POLICE, ASSAULT COMMUNITIES, ASSAULT PEOPLE, ASSAULT FIRST RESPONDERS RESPONDERS, AND DESTROY OUR CITIES.

WE'RE ALL WELL AWARE THAT MOST OF THE VIOLENCE THAT OCCURRED IN LOUISVILLE WAS FROM PEOPLE OUTSIDE OF THE COMMONWEALTH.

MANY THAT STARTED THE PEACEFUL PROTESTS HAD THEIR PROTESTS TAKEN OVER BY THOSE THAT WERE THERE -- WHO WERE THERE TO SIMPLY CREATE VIOLENCE AND CHAOS AND DESTRUCTION.

MR. PRESIDENT, SENATE BILL 211 IS NOT GOING TO STOP REUTERS FROM COOKER OCCURRING BUT IT IS GOING TO SEND A STRONG MESSAGE TO HOSE WHO WOULD HAVE A DENY ATTENDANCE TO INITIATE RIOTS AND COMMIT CRIMES DURING RIOTS.

THIS IS A SECTION OF THE BILL THAT HAS CAUSED A LOT OF DISCUSSION, AND I'VE RECEIVED COMMENTS FROM ALL OVER THIS NATION IN RESPONSE TO THIS PARTICULAR LANGUAGE.

AND AS THE LANGUAGE IS RIGHT NOW, IT READ, "IF SOMEONE A COSTS, INSULTS, TAUNTS OR CHALLENGES A LAW ENFORCEMENT OFFICER WITH DEFENSIVE OR DERISIVE LANGUAGE OR BY GESTURE OR OTHER PHYSICAL CONTACT THAT WOULD HAVE A DIRECT TENDENCY TO PROVOKE A VIOLENT RESPONSE IS IN RESPECT OF A REASONABLE AND PRUDENT PERSON."

MR. PRESIDENT, WHAT THIS LANGUAGE REFERS TO IS FIGHTING WORDS.

FIGHTING WORDS ARE NOT PROTECTED BY THE CONSTITUTION.

>> Casey: MANY OF THE LOUISVILLE SOCIAL JUSTICE PROTESTS LAST SUMMER THAT WERE SPURRED BY THE POLICE KILLINGS OF GEORGE FLOYD AND BREONNA TAYLOR HAPPENED IN SENATOR GERALD NEAL'S DISTRICT.

NEAL SPOKE AGAINST SENATE BILL 211 ON THE SENATE FLOOR, SAYING THAT AS LOUISVILLE IS COMING TOGETHER THIS BILL COULD SET IT BACK.

HE SAYS THE MEASURE IS IN SHARP CONTRAST TO SOME OF THE LEGISLATION PASSED EARLIER IN THE SESSION TO ADDRESS ISSUES RAISED DURING LAST SUMMER'S PROTESTS.

PADUCAH SENATOR DANNY CARROLL RESPONDED TO NEAL'S CONCERNS BY DESCRIBING LOUISVILLE LAST SUMMER AS A WAR ZONE.

>> THERE'S SO MUCH WRONG WITH THIS BILL, I COULD STAND HERE FOR AN HOUR OR TWO TO TALK ABOUT IT.

I COULD PUT IN IT ONE WORD AND SAY IT'S AB OVERREACH.

-- AN OVERREACH, AND I'M SURE AT SOME POINT I'M GOING TO BE ASKED TO SIT DOWN BECAUSE I MUST TELL YOU, I'M BEFUDDLED BY THIS.

WE HAVE LAWS ON THE BOOK THAT TAKE CARE OF THIS SITUATION.

WE HAVE DISCRETION EXERCISED BY POLICE OFFICERS.

AND BY THE WAY, WE HAVE INDIVIDUALS ON THE GROUND THAT WERE WORKING IN COOPERATION WITH THE POLICE TO MAKE SURE THERE WAS NOT MISCOMMUNICATION.

IT EVEN EVOLVED TO THAT POINT.

WE HAD ONGOING DISCUSSIONS TO MANAGE THAT SITUATION.

AND THEN AN ATTACK ON OUR MAYOR?

LIKE OUR MAYOR WAS OUT THERE TRYING TO DO SOMETHING TO HIS POLICE OFFICERS WHO ARE HIS EMPLOYEES, WHO ARE SWORN TO PROTECT AND SERVE, AS IF HE WOULD RAISE A WANTED, JUST WAVE A WANTED AND A WAND AND ALL WOULD BE RATE RIGHT.

-- WHAT PART OF REASON HAS BEEN SUSPENDED HERE?

THIS IS A HAMMER ON MY DISTRICT.

THIS IS A BACK HAND SLAP!

AND I RECENT IT.

I PERSONALLY RES ENT IT.

THIS IS BENEATH THIS BODY.

IT'S UNWISE.

IT'S PROVOCATIVE.

IT'S UNNECESSARY.

IT'S UNRENAL.

IT'S UNREASONABLE.

HOW DARE YOU.

>> I WILL NOT APOLOGIZE FOR PASSING LAWS TO PROTECT THE PEOPLE OF THIS COMMONWEALTH TO PROTECT THE PROPERTY OF THE BUSINESS OWNERS OF THIS COMMONWEALTH, TO PROTECT OUR FIRST RESPONDERS.

I WILL NEVER APOLOGIZE FOR THAT.

JUST AS THE PROTESTERS FELT THAT THEY HAD REASON TO PROTEST, THAT THEY HAD BEEN WRONGED, THERE WERE SITUATIONS THAT NEEDED TO BE DEALT WITH, AND THERE ARE WRONGS THAT NEEDED TO BE ADDRESSED.

RIOTS ARE A WRONG.

AND I WOULD ARGUE THAT THIS IS AN ATTEMPT TO SQUASH PEACEFUL PROTESTS.

IT IS THESE RIOTS THAT BLOCK PEACEFUL PROTESTS.

BECAUSE ONCE A RIGHT BEGINS, THE MESSAGE IS LOST.

>> Casey: OTHER DEMOCRAT SENATORS ROSE TO SPEAK AGAINST THE BILL, WHICH THEY CALLED "ARBITRARY" AND "OVERREACHING.

LEXINGTON SENATOR REGGIE THOMAS SAYS HE HAS CONCERNS ABOUT HOW BROAD SENATE BILL 211 IS.

SENATE MINORITY LEADER MORGAN MCGARVEY VOCALIZED CONCERNS ABOUT THE BOND PROCESS, AND GRAYSON SENATOR ROBIN WEBB SAYS SHE'S CONCERNED ABOUT THE CONSTITUTIONALITY OF THE BILL.

WHAT THIS BILL IS DESIGNED TO DO, MR. PRESIDENT, MAKE NO MISTAKE ABOUT IT, IS TO RIS VIS RATE THE FIRST AMENDMENT, IS TO CHILL CONDUCT, TO SAY THAT PEOPLE, REGARDLESS OF WHAT HAPPENED MINNEAPOLIS OR WHAT HAPPENED IN ATLANTA OR WHAT HAPPENED HERE IN LOUISVILLE, THAT WE'RE GOING TO PUT THOSE PEOPLE IN THEIR PLACE.

>> NOW, LET'S TALK ABOUT WHAT WE DO TO SOMEBODY WHO TAUNTS A POLICE OFFICER.

UNDER THIS BILL ON PAGE 9 THEY MUST GO TO JAIL WHERE THEY CANNOT BOND OUT FOR 48 HOURS.

WHY DO I SOUND OUTRAGED ABOUT THAT?

YOU CAN BOND OUT JAIL IN UNDER 48 HOURS IF YOU'VE BEEN ACCUSED OF MURDER, ARSON OR RAPE.

BUT YOU CAN'T DO IT IF YOU TAUNT SOMEBODY.

BECAUSE WE'VE DECIDED IT'S NOT RIGHT UP HERE.

WE DON'T LIKE IT.

>> I HAVE TO LOOK ANOTHER IT ON THE FACE.

I'M GETTING READY TO VOTE ON A BILL.

I CAN'T GO FORWARD AND SAY WEEKS, OH, I BELIEVE THAT THEIR GOING TO FIXES THIS IN THE HOUSE WHEN IT COMES TO SERIOUS CONSTITUTIONAL ISSUES, FIRST AMENDMENT RIGHTS AND USING BASICALLY FORCIBLE SUPPRESSION JUST TO SILENCE OPPOSITION.

THAT'S NOT WHAT THIS COUNTRY IS BASED ON.

>> Casey: SENATE BILL 211 WOULD STATES THAT PEOPLE WHO HAVE BEEN CHARGED WITH A CRIME DURING RITE DO DID NOT RETALIATION UNTIL AFTER 48 HOURS HAVE PASSED.

VOTING AGAINST THE MEASURE WAS ANOTHER LOUISVILLE SENATOR JULIE RAQUE ADAMS.

SHE SAYS SHE SUPPORTS SOME OF THE BILL, BUT HAS CONCERNS.

>> I'VE WALKS DOWNTOWN AND I SAW WITH MY OWN EYES THE PEACEFUL PROTESTING.

SO OUR MAYOR TOLD ALSO THEIR OFFICERS TO STAND DOWN DURING ALL OF THIS.

SO HOW DO WE PROCEED?

HOW DOES LOUISVILLE AND THE STATE MOVE FORWARD?

PROTECTING FREE SPEECH AND LAWFUL PROPHECIES FOR THOSE WHO CHOOSE CHAOS AND INSTRUCTION DESTRUCTION.

I APPLAUD THE HARD WORK OF THE SENATOR FROM MARSHALL.

HE HAS LISTENED AND AMENDED AMEE BILL INTO NUMEROUS WAYS AND HE REALLY DOVES COMPASSIONATE HEART.

AND WE USE THE PHRASE AROUND THIS CHAMBER ALL THE TIME, DON'T SACRIFICE THE PERFECT FOR THE GOOD.

THIS BILL DOES HAVE A LOT OF GOOD IN IT AND I FULLY SUPPORT CRACKING DOWN AND PROSECUTING TO THE FULLEST EXTENT OF THE LAW THOSE THAT DESTROY PROPERTY AND INTIMIDATE LAW-ABIDING CITIZENS.

THE MAYOR AND THE CHIEF OF POLICE HAVE THESE TOOLS RIGHT NOW TO PROTECT MY CITY AND MY CONSTITUENTS, AND THEY ARE FAILING TO ACT, SO I COMPLETELY UNDERSTAND THE DESIRE TO PROD THEM INTO ACTION.

LOUISVILLE DESERVES MORE, AND OUR POLICE OFFICERS DESERVE MORE.

>> Casey: ADAMS SAID SHE'S OPEN TO VOTING FOR THE BILL IF THE HOUSE MAKES CHANGES TO ADDRESS HER CONCERNS.

SENATE BILL 211 PASSES THE SENATE 22 TO 11, WITH 6 REPUBLICAN SENATORS JOINING THE DEMOCRATS TO VOTE AGAINST THE MEASURE.

IT NOW HEADS TO THE OTHER END OF THE CAPITOL FOR CONSIDERATION BY THE HOUSE.

A HOUSE MEASURE THAT WOULD PLACE SOME RESTRICTIONS ON KENTUCKY'S OPEN RECORDS LAWS IS ON ITS WAY BACK TO THE HOUSE, AFTER SOME SENATE CHANGES.

THOSE CHANGES INCLUDE ALLOWING ALL MEDIA COMPANIES TO BE ABLE TO REQUEST PUBLIC RECORDS, REGARDLESS OF THEIR LOCATION, AND EXPANDS THE DEFINITION FOR A KENTUCKY RESIDENT.

HENDERSON SENATOR ROBBY MILLS EXPLAINS HOUSE BILL 312, AND SOME THE CHANGES.

>> FIRST THE BILL CLARIFIES WHO CAN ACTUALLY FILE AN OPEN RECORDS REQUEST IN KENTUCKY.

THE BROAD DEFINITION ENSURES NO LEGITIMATE NEED IS SECLUDED.

UNDER HOUSE ABOUT EXCLUDED.

UNDER HOUSE BILL 312 THE FOLLOWING COULD SEEK PUBLIC RECORDS: ANYONE WHO LIVES IN KENTUCKY, ANYONE WHO IS EMPLOYED AND WORKING AT A LOCATION IN KENTUCKY, A DOMESTIC BUSINESS ENTITY LOCATED IN KENTUCKY, ANY PERSON OR BUSINESS THAT OWNS REAL PROPERTY IN KENTUCKY, A FOREIGN BUSINESS REGISTERED WITH THE SECRETARY OF STATE'S OFFICE, ANY PERSON OR BUSINESS THAT ACTS AS AN AGENCY FOR A KENTUCKY BUSINESS, OR ANY MEDIA ORGANIZATION REGARDLESS OF WHERE THEY ARE LOCATED.

AND LET ME REPEAT THAT.

ANY MEDIA ORGANIZATION, REGARDLESS OF WHERE THEY ARE LOCATED.

HOUSE BILL 312 MAKES IT EASIER FOR PEOPLE TO FILE AN OPEN RECORDS REQUEST.

PUBLIC RECORDS, CUSTODIANS WOULD HAVE TO ACCEPT A REQUEST SUBMITTED THROUGH eMAIL, AND THE ATTORNEY GENERAL WOULD CREATE A STANDARDIZED FORM THAT A PERSON COULD USE.

THAT FORM WOULD NOT BE REQUIRED.

>> Casey: OPPONENTS TO THE MEASURE POINT TO THE RESTRICTIONS IT WOULD PLACE ON SOME RECORDS THAT WOULD CURRENTLY HAVE TO BE PROVIDED BY MEMBERS OF THE GENERAL ASSEMBLY.

TOM BUFORD SAYS THAT HE HAS CONCERNS WITH HOW THE PUBLIC COULD PERCEIVE THOSE PROVISIONS.

>> BUT I WORRY A LITTLE BIT THAT HOUSE BILL 312 WOULD DAMAGE SOME OF THE INTEGRITY OF LEGISLATURE AS AN INSTITUTION.

WHILE IT NIGHT ACTUALLY BE THAT THINGS ARE GOING TO BE HIDDEN, GIFTS THAT IMPRESSION TO ME.

I DON'T KNOW WHAT MEANINGS THE SENATE WOULD BE SENDING AND THE THE HOUSE TO KENTUCKIANS BY CLOSING LEGISLATIVE RECORDS.

ARE WE TRYING TO -- DO WE NEED TO HIDE SOMETHING?

IS THERE SOMETHING GOING ON NOW THAT WE DON'T WANT TO GET OUT?

IF I WERE THE PUBLIC, I WOULD BE ASKING THIS QUESTION.

SUPPORTERS SAY THE BILL WOULD PUT THE LEGISLATURE ON THE SAME FOOTING AS THE ADMINISTRATIVE OFFICE OF THE COURTS.

MAYBE IT WILL.

STARTS?

DO WE NEED THE SAME POWER THAT THE COURTS NEED?

DO WE NEED THE SEPARATION OF POWERS?

THEY ARE INSTRUCTED TO OVERSEE US >> Casey: HOUSE BILL 312 PASSES 22 TO 11.

IT NOW HEADS BACK TO THE HOUSE FOR CONCURRENCE WITH THE SENATE'S CHANGES.

FUTURE GOVERNORS WON'T BE ABLE TO REORGANIZE THE STATE BOARD OF EDUCATION IF A HOUSE BILL HEARD IN SENATE COMMITTEE TODAY, BECOMES LAW.

GOVERNOR ANDY BESHEAR ANNOUNCED HIS REORGANIZATION OF THE KENTUCKY BOARD OF EDUCATION ON THE DAY OF HIS INAUGURATION, FULFILLING A CAMPAIGN PROMISE AND BECOMING THE FIRST GOVERNOR TO COMPLETELY OVERHAUL THE KENTUCKY BOARD OF EDUCATION.

BOWLING GREEN REPRESENTATIVE STEVE SHELDON'S HOUSE BILL 178 AIMS TO KEEP THAT FROM HAPPENING AGAIN.

CHUCK TRUESDELL EXPLAINED THE KENTUCKY DEPARTMENT OF EDUCATION'S SUPPORT FOR THE MEASURE THAT LAYS OUT REQUIREMENTS FOR THE POLITICAL, GENDER AND RACIAL MAKEUP OF THE BOARD, BUT SAYS THE KDE PREFERS THE HOUSE'S VERSION OF THE MEASURE TO THE SENATE COMMITTEE SUBSTITUTE HEARD TODAY.

>> I WOULD BE REMISS, MR. CHAIRMAN, IF I DIDN'T VOICE THE DEPARTMENT OF EDUCATION'S SUPPORT FOR THE ORIGINAL HOUSE VERSE.

I THINK WE PREFER THAT, AND WE LOOK FORWARD TO PERHAPS WORKING WITH THE HOUSE AND THE SENATE ON MAYBE A COMPROMISE SIMPLY BECAUSE THE SENATE VERSION DOES NOT AS INCLUDE A TEACHER OR A STUDENT REPRESENTATIVE ON THE BOARD, AS THEY SERVE NANON VOTING CAPACITY NOW, AND IN THE HOUSE VERSION.

14 SEDATES HAVE A TEACHER, AN ACTIVE TEACHER ON THEIR BOARD AND DIDN'T 20-STATES, INCLUDING A STUDENT ON THEIR ACTIVE BOARD, AND I THINK THAT LENDS A VERY IMPORTANT VOICE.

THAT SAID, WE DO SUPPORT IN GENERAL THE SENATE COMMITTEE SUB TO THIS BILL SIMPLY BECAUSE IT DOES IMPOSE A BALANCE TO THE BOARD, BOTH POLITICALLY SPEAKING, GENDER AND MINORITY REPRESENTATION SPEAKING, AND IT IS WILL PROVIDE STABILITY AND CONSISTENCY TO THE BOARD THAT WE HAVE NOT HAD IN SOME TIME.

>> Casey: THE KENTUCKY BOARD OF EDUCATION WOULD HAVE TO HAVE EQUAL SEX AND POLITICAL PARTY REPRESENTATION.

IT WOULD ALSO HAVE TO REFLECT THE MINORITY RACIAL COMPOSITION OF THE STATE.

THE COMMITTEE SUBSTITUTE TO THE BILL MAKES THE MEASURE SIMILAR TO LEGISLATION PROPOSED BY SENATE PRESIDENT ROBERT STIVERS DURING LAST SESSION.

THE CHANGES WOULDN'T ALLOW AN ACTIVE TEACHER OR STUDENT TO BE INCLUDED ON THE BOARD.

BOWLING GREEN SENATOR MIKE WILSON SAYS THE COMMITTEE SUBSTITUTE TO HOUSE BILL 178 IS AN IMPROVEMENT ON THE HOUSE'S VERSION.

>> I WOULD JUST LIKE TO SAY THAT I BELIEVE THAT WHEN YOU HAVE TOO MANY OUTSIDE MEMBERS OTHER THAN EMPLOYEES, YOU KNOW, YOU HAVE EMPLOYEES THAT TEND THE MAKE BETTER OTHER THAN EMPLOYEES, WHEN YOU HAVE OUTSIDE MEMBERS OTHER THAN EMPLOYEES -- I'LL GET THIS RIGHT IN A MINUTE -- THEY TEND TO ON MAKE MORE QUALITY UNBIASED DECISIONS ABOUT POLICIES, AND IN THAT SITUATION THEY HAVE PERFORMANCE MET TRICKS, ACCOUNTABILITY MEASURES, AND EVERYTHING LIKE THAT.

AND HARVARD BUSINESS REVIEW, IN FACT, A BOARD USUALLY FUNCTIONS BEST IF ITS MEMBERS ARE OUTSIDE INDEPENDENT DIRECTORS AND THUS FREE OF THE EMOTIONAL COMMITMENTS OF AND CONFLICTS OF INTEREST THAT INEVITABLY DEVELOP, ALTHOUGH A TEACHER AND STUDENT MIGHT PROVIDE VALUABLE INPUT FOR KDE, THERE ALREADY EXISTS MULTIPLE OPPORTUNITIES FOR THEIR VOICES TO BE HEARD THROUGH COMMITTEES AND PUBLIC COMMENT OPPORTUNITIES.

AND WE DO NOT SEE THE NEED FOR THEM TO BE ON THE BOARD, WHICH, IN FACT, A STUDENT COULD BE ALREADY GETTING THEIR VOICE HEARD WITHOUT HAVING TO BE PART OF THE BOARD.

>> THOSE ARE VERY WELL TAKEN POINTS, AND WE WOULD BE OPEN TO A DISCUSSION EVER DISCUSSION ON HOW A TEACHER OR A STUDENT COULD BE NON-VOTING MEMBERS OF THE BOARD IN A WAY THAT DOES NOT PRESENT A POLITICAL ISSUE, AND I WOULD POINT OUT I CAN'T SPEAK TO ALL OF THE UNIVERSITY BOARDS.

I ATTENDED THE UNIVERSITY OF KENTUCKY, AND I KNOW THAT FACULTY, STAFF AND STUDENTS DO HAVE A MEMBER ON THE UK BOARD, SO I THINK THERE IS A PRECEDENT FOR SOMETHING ALONG THOSE LINES >> Casey: HOUSE BILL 178, THE MEASURE TO SET STANDARDS FOR THE MAKEUP OF THE KENTUCKY BOARD OF EDUCATION AND TO KEEP FUTURE GOVERNORS FROM REORGANIZING IT, PASSED THE SENATE EDUCATION COMMITTEE THIS AFTERNOON AND HEADS TO THE HOUSE FOR CONSIDERATION BY THE FULL BODY.

WE END WITH SOME HOUSE ACTION· TONIGHT.

KENTUCKY HOUSE SPEAKER DAVID OSBORNE EARNED SUPPORT FOR HIS PLAN THAT WOULD ALLOW SOME OF THE GOVERNOR'S PANDEMIC-RELATED ORDERS OVER THE LAST YEAR.

FRANKLIN CIRCUIT COURT HAS BLOCKED LEGISLATION BY REPUBLICAN LAWMAKERS THIS YEAR TO LIMIT GOVERNOR ANDY BESHEAR'S EMERGENCY POWERS, WITH THE COURTS ULTIMATELY DECIDING THE FATE OF THOSE BILLS.

OSBORNE ADMITS THAT SOME OF THOSE EXECUTIVE ORDERS NEED TO BE EXTENDED TO KEEP KENTUCKIANS AND BUSINESSES FROM SUFFERING ECONOMIC AND OCCUPATIONAL HARDSHIP.

>> THERE ARE MANY OF THEM, WHETHER IT BE THE PRICE GOUGING EXECUTIVE ORDERS, THE EXECUTIVE ORDERS THAT WAIVES CO-PAYMENTS ON TESTING, COVID TESTING AND ON VACCINE ADMINISTRATION, THE ORDERS THAT WAIVED PENALTIES AND LICENSING REQUIREMENTS ON BUSINESSES THAT HAD BEEN SHUT DOWN AS A RESULT OF THE PANDEMIC.

SOME THINGS THAT ARE CRITICAL TO MANY OF OUR BUSINESSES AND INDIVIDUALS WHO HAVE SUFFERED GREATLY THROUGH THIS PANDEMIC, BOTH PERSONALLY AND FINANCIALLY, AND WE CERTAINLY DON'T WANT TO PUT ANY ADDITIONAL BURDEN ON THEM.

THE COURT DECISION WILL LIKELY NOT BE RESOLVED UNTIL WE LEAVE, BUT AGAIN, IT IS INCUMBENT UPON US, I THINK, TO STATE THE GENERAL ASSEMBLY'S VISION OF WHAT WE BELIEVE IS PERFECTLY WITHIN OUR AUTHORITY AND OUR PURVIEW.

SO THIS BILL DOES NOT SPEAK TO EVERYTHING, BUT IT DOES SPEAK TO THOSE ISSUES THAT WE DO BELIEVE SHOULD BE EXTENDS.

>> Casey: GRANT COUNTY REPUBLICAN SAVANAH MADDOX OFFERED, AND THE HOUSE APPROVED, AN AMENDMENT THAT WOULD PROHIBIT STATE AGENCIES FROM REMAINING CLOSED TO IN-PERSON SERVICES.

THAT IDEA DREW THIS QUERY FROM THE HOUSE DEMOCRATIC LEADER.

READING YOUR AMENDMENT, WOULD THIS ENABLE A -- WOULD THIS PROBOT A STATE AGENCY IF THEY EXPERIENCED AN OUTBREAK OF COVID WITHIN THEIR WORKERS, WOULD THIS PROHIBIT THEM FROM CLOSING GIVEN THAT CIRCUMSTANCE?

>> LADY FROM GRANT.

>> IT REQUIRES THAT THEY CANNOT REMAIN CLOSED FOR REGULAR IN-PERSON BUSINESS.

THEY WOULD HAVE THE ABILITY TO OFFER SERVICES REMOTELY BUT WE NEED TO BE KEEPING OUR AGENCIES OPEN AT THIS POINT.

THE TIME HAS COME THAT WE HAVE TO GET BACK.

I'M CERTAINLY THAT JURY CONSTITUENTS, JUST LIKE MINE, HAVE SUFFERED FROM THE INABILITY TO RECEIVE IN-PERSON SERVICES THAT AT STATE AGENCIES.

IT'S PANE AN ISSUE.

>> LADY FROM JEFFERSON 4.

>> CAN I SPEAK ON THE AMENDMENT, PLACE?

>> GO AHEAD.

>> THANK YOU.

I UNDERSTAND THE URGE AND FRUSTRATION.

WE'VE BEEN THROUGH A PANDEMIC.

I SAID THE OTHER DAY ON LOCAL NEWS THAT WE ALL NEED TO EXTEND EACH OTHER SOME GRACE DURING THIS PERIOD.

WE ARE SURVIVING A PANDEMIC, SOMETHING NONE OF US, I BELIEVE, WERE PREPARED TODAY.

-- PREPARED TO DO.

IT FEELS LIKE WE'RE VERY CLOSE TO BEING PAST THIS.

VACCINES ARE BEING PUT IN ARMS.

WE ARE OPENING THE SCHOOLS.

THINGS ARE FEELING NORMAL.

BUT I FEAR WE MAY HAVE A FOURTH WAVE, WHICH MAY NOT BE AS BAD AS THE WAVES WE HAVE HAD BEFORE, BUT WE ARE NOT COMPLETELY THROUGH THIS PANDEMIC.

AND TO PUT LANGUAGE IN HERE THAT STATE AGENCIES, EVEN IF THEY HAVE EXPERIENCED AN OUTBREAK OF THIS DISEASE, TO FORCE THEM TO STAY OPEN AND PERHAPS SPREAD THAT HAD TO YOUR CONSTITUENTS OR MY CONSTITUENTS I THINK IS WRONG.

>> Casey: MADDOX'S FLOOR AMENDMENT WAS APPROVED AND THE AMENDED HOUSE JOINT RESOLUTION 77 CLEARED THE HOUSE 74 TO 22.

THAT'S ALL FOR OUR DAY 25 COVERAGE OF THE 2021 KENTUCKY GENERAL ASSEMBLY IN REGULAR SESSION.

FOR INFORMATION ABOUT LEGISLATIVE MEETINGS, CALL 1-800-633-9650.

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HAVE A GREAT NIGHT.