Special legislative session update
After legislation passed earlier this year during the regular General Assembly session limiting the scope and length of Gov. Andy Beshear’s COVID-19 executive orders was upheld by the Kentucky Supreme Court, Gov. Andy Beshear called the legislature into special session on Sept. 6.
Below is a recap of bills passed during the four-day session. While most of the legislation dealt with COVID-related issues, lawmakers also approved Senate Bill 5, which drains the rainy fund of $410 million to spend in the form of corporate welfare in pursuit of unnamed economic development projects. The Bluegrass Institute vigorously opposed this legislation.
Please note that identical bills were filed in both chambers of the General Assembly, but the House bills were substituted by Senate bills. Here’s what passed:
Ended the mask mandates handed down from the executive branch that applied to all K-12 schools and child care centers for all children 2 years old and older
The legislature is leaving masking decisions to local school boards and individual child care centers. Although we’re pleased that the governor can no longer implement a sweeping statewide mask mandate, we remain disappointed that the General Assembly failed to take school and child care masking policies a step further by leaving those decisions to parents.
Requires the Department for Public Health to develop a COVID-19 "test to stay" model school plan that may be implemented by school districts
“Test to stay” allows a student who’s come in close contact with someone diagnosed with COVID to stay in the classroom instead of quarantining for 14 days at home as long as the student tests negative for COVID for five school days. The model has been successfully used in some rural school districts this school year.
Ended sweeping closure of entire school districts
Remote instruction may be provided to a particular school, grade, classroom or group of students for no longer than 20 days. Districts are required to provide at least the minimum daily instruction currently required by law instead of having remote students working online with little teacher interaction.
Allows districts to use attendance data from the 2018-19 or 2019-20 school years
By having the ability to use prior school years’ attendance data, districts won’t receive less SEEK funding due to any necessarily implemented remote learning days.
Allows for visitation to long-term care facilities
Visitation to long-term care patients will be allowed by "an essential compassionate care visitor, including a family member, legal guardian, outside caregiver, friend or volunteer” who meet certain criteria.
Requires the Cabinet for Health and Family Services to assist and support COVID antibody administration centers (CAACs)
CAACs can administer therapeutic drugs to treat COVID patients that have full use or emergency use authorization approval from the Food and Drug Administration (FDA). This includes drugs such as REGEN-COV and monoclonal antibodies.
Defines individual opt-out criteria under local health department immunization mandates
The Cabinet for Health and Family Services and local health departments mandating vaccines must allow for an exemption of an individual from the mandate based on conscientious objection. Unfortunately, the General Assembly didn’t address immunization mandates instituted by private employers or K-12 school boards.
Allows the General Assembly to use some federally awarded COVID funds
The legislature appropriated about $69.3 million of funding from the Coronavirus State Fiscal Recovery Fund of the American Rescue Plan Act for the Cabinet for Health and Family Services to continue COVID-19 prevention and treatment strategies, as well as to address the burden experienced in the healthcare, long-term care and school systems due to the pandemic.
Appropriates state-funded loans for certain economic development projects
This corporate welfare bill, in part, appropriates $350 million in forgivable loans ("KEDFA loans”) and $20 million in training grants for mostly unspecified economic development projects with a minimum investment of $2 billion.