Category: Legislative Updates

Dear Friends, Last week in Frankfort was a rough one. The House passed House Bill 3, a proposal that presumes guilt before adjudication and would require incarceration of more youth and take away judicial authority and discretion.  The bill includes a $39 million appropriation for detention facilities without investing one penny in strategies that have worked elsewhere to increase public safety: intervention, prevention, re-entry services, alternatives to detention, and wraparound services for youth and families.  HB538, a school discipline bill, also passed the House this week. HB538  would require, rather than allow, school expulsion and would significantly increase failed exclusionary discipline policies.  Both of these bills offer band-aids for serious symptoms, and ignore altogether the underlying causes of the problems the sponsors say their bills are designed to address.  For those of us concerned about the “school to prison pipeline,” the interrelatedness of these two bills is cause for grave concern.  As problematic and short-sighted as these bills are, they do not live up to the sheer mean-spiritedness of HB470 – a bill that would criminalize medical practice, threaten mental health, and make evidence-based gender-affirming care illegal for minors across our state.  HB470 and measures like it are opposed by every legitimate healthcare and mental health association in the country.  Many of those experts came to Frankfort to testify against the bill and to warn of its dangers.  Young people and family members of those directly affected also showed up to plead for the defeat of this dangerous bill, but their heartfelt testimony fell on deaf ears.  While disregarding the testimony of health policy experts, mental health advocates, as well as those who warned against economic backlash, HB470’s primary sponsor repeatedly made reference to and drew talking points from disreputable and extremist sources such as the Association of American Physicians and Surgeons (AAPS) and the American College of Pediatricians (ACPeds).  AAPS is described by Media Bias/Fact Check as “an extreme right questionable source based on the promotion of quackery level pseudoscience, conspiracy theories, use of poor sources, lack of [funding] transparency, as well as numerous false claims, and failed fact checks.”   And the Southern Poverty Law Center classifies ACPeds as a hate group, describing it as “a fringe anti-LGBTQ hate group that masquerades as the premier U.S. association of pediatricians to push anti-LGBTQ junk science, primarily via far-right conservative media…” The legislature is charged with making public policy decisions that will have an impact on the lives of everyday Kentuckians. It is beyond disheartening that the majority of our body is making decisions on the so-called “authority” of pseudoscience, conspiracy theorists, and hate groups.  As I said on the House floor, this is not only irresponsible, it is downright terrifying. HB470 passed overwhelmingly on the House floor along party lines – with the exceptions of three northern Kentucky Republicans (Reps. Moser, Banta, Dietz) who voted no along with me and the rest of the minority party.  The bill is now headed to the Senate.  (You can watch the archived footage of the HB470 debate on the House floor, beginning at the 40’40” mark.) Bipartisan Bills…  There was some good news out of the House last week with several bipartisan bills receiving unanimous support:  House Bill 331 would expand the availability of life-saving automated external defibrillators in our middle and high schools. House Bill 21 would make it easier for Kentuckians without a permanent address to renew or replace their driver’s license. House Bill 231 would strengthen criminal-history record checks for those in homes where social workers make emergency placements of children. In the Media … At least one of my proposed bills was in the news this week: HB 246 would remove the statute of limitations in civil cases for child sexual abuse.  This is important because while many cases of child sexual abuse are never disclosed, the average age of those who do come forward is 52.  Here’s a story from WDRB.    Remaining Days… As the session winds down, the possibility of this and several other important measures gaining traction this year continues to decrease.The General Assembly will return to the Capitol tomorrow, and will meet for four days this week and four more days next week before a 10-day veto recess that allows the Governor time to accept or reject bills.  The final two days of the 2023 session take place at the end of this month. Contact Me… To contact me about these or any other bills or topics, you can email me at Lisa.Willner@lrc.ky.gov. You can also leave a message for me or any other legislator by calling 800-372-7181 during normal business hours. In community, Lisa

Dear Friends,

There’s a disturbing national phenomenon that’s playing out in Frankfort with increasing intensity as the legislative session progresses.  It goes like this: ideologically driven “news” outlets promulgate and repeat disinformation; the disinformation creates alarm, public discord, and a demand for solutions to politically-motivated manufactured “problems;” and then policies are created and passed to “solve” difficulties that don’t exist.  Unfortunately, these propaganda-driven “solutions” often create real harms by further perpetuating dangerous disinformation, ignoring evidence of actual problems, and further marginalizing individuals and groups who are already struggling.  

Lexington’s Herald-Leader published a piece this week from public opinion writer Linda Blackford with the title, “Absolute GOP power in Frankfort leads to tsunami of bad ideas that will soon become law.”  

The headline says it all.  

Here are some examples of bad policy ideas that are grounded in false premises and that have been put on the fast track by legislative leaders from the super-majority party. 

Part 1 – bad policy ideas that have passed the House 

HB8 – tax reform to benefit the wealthy. Grounded in “trickle-down economics,” an approach that has been disproven many times over, one economic policy expert describes HB8 as “the most fiscally destructive legislation in Kentucky’s history.”  The bill would immediately reduce state income tax (currently making up 40% of Kentucky’s general fund), and eventually phase it out altogether.

As we know from the experience of other states, this is a move that benefits the wealthy, widens the wealth gap, and guts opportunities for public investment in services and structures that benefit the common good.  You can find more of my public comments opposing HB8 in the Herald-Leader.  

HB 3 – new restrictions on reproductive rights.  This dangerous bill includes no exceptions for when the life of the mother is at risk, or for pregnancies resulting from rape or incest – provisions favored by a broad majority of Kentuckians.   HB3 raises troubling privacy and safety concerns by mandating  extensive documentation of abortion procedures including, for minors, their  place of residence, age, race, and approximate age of the father.  A new mandate on physicians would require them to record “total number and dates of each previous pregnancy, live birth and abortion of the pregnant patient,” as well as the “probable gestational and post-fertilization ages of the unborn child,” and the “reason for the abortion, if known.”  HB3 also requires a “birth and death certificate” for an aborted fetus that includes the name of the mother and father, and the full names and addresses of the physician who performed the abortion and the referring physician.  In committee testimony opposing HB 3, an advocate noted that this provision “essentially create[es] a hit list for anti-abortion extremists.” 

The bill’s requirements are also at odds with medical and pharmacological science and practice 

With Kentucky already facing crises in maternal and infant health, this bill would make Kentucky an even more dangerous place for pregnant people and children, since evidence shows that states with more abortion restrictions score worse on health outcomes for women and children. 

States with more abortion restrictions also have relatively fewer policies that support health outcomes for pregnant people, infants, and families.  That is certainly the case here in Kentucky, where supportive policies such as those put forward by the House Democratic Women’s Caucus go largely unheard. 

HB29 – undermining enforcement of federal gun safety laws.  The KY legislature has seen proposals like this one going back at least to 2011, reinforcing the false narrative and political scare tactic that “people are coming to take away your guns.” While nobody is coming for anyone’s guns, Kentuckians are dying as a result of Kentucky lawmakers’ inaction on gun safety.  Data shows that states with lenient gun laws have three times the rate of gun deaths than states with sensible gun safety legislation.  Here in Kentucky (which Everytown for Gun Safety has labeled a “national failure,”) 2/3 of gun fatalities are suicides, and firearms are the #1 killer of Kentucky children and youth. 

HB28 – undermining public health.  The bill would prohibit state and local governments and public schools and universities from requiring or even asking about COVID vaccination status for students and employees. While I hope with all my heart that falling COVID numbers indicate the end of the COVID pandemic, this bill hamstrings the public health response in the event of future outbreaks.   

Part 2 – bad policy ideas that have passed committee 

HB23 and SB 83 – discriminating against trans youth. These bills targeting trans kids have advanced out of the House Education Committee in two separate meetings.  Twice, I’ve voiced objections and voted no on these harmful policies which are narrowly focused to discriminate against some of Kentucky’s most vulnerable young people.  These bills would prohibit trans girls from participating on their school athletic teams.  

Those promoting these harmful and mean-spirited bills claim to do so under federal Title IX protections, even though Title IX prohibits  discrimination based on gender identity.  

I noted in the committee hearing that, in addition to wrongs inflicted on individual kids, anti-LGBTQ discrimination is bad for economic development.  I’m grateful to the 150+ Kentucky businesses for their letter to legislators opposing these unfair and misguided  bills.  

Part 3 – bad policy ideas that have passed both chambers

HB4  – slashing unemployment insurance benefits  Under this punitive policy, Kentucky workers take a big hit. Starting in 2023, UI benefits will rise and fall based on the unemployment rate; and after just six weeks, applicants will have to accept any job for which they are qualified if the salary is marginally higher than their UI benefits and is within 30 miles of their home, even if the job is outside of their career, or pays significantly less than their previously held job. 
           
Senate Joint Resolution (SJR) 150 – legislative overreach in managing the pandemic.  SJR150 would immediately declare an end to pandemic-related executive orders and state-issued regulations.  This actually undercuts the legislature’s own actions earlier this year, when the House and Senate originally set the ending date for April 14th.  One of the soon-to-be rescinded regulations makes it possible for qualified Kentucky families to receive amounts totaling $52 million extra in federal SNAP food benefits each month.  There is simply no reason for this resolution that justifies taking food off the table for families in need.  

While I expect the Governor will veto HB4 and SJR150, overriding the veto takes only a simple majority – 51 votes in the House and 20 in the Senate –  so it appears that both of these policies are well on their way to becoming law. 

Some good news! 

Even in this challenging environment, bipartisanship is still possible, and there are some good policies advancing.

HB354 will increase access to healthcare by removing some restrictions that have prevented Advanced Practice Registered Nurses from practicing to the full extent of their scope and training.  This bipartisan measure passed the House this week and advances to the Senate.  

HB136 would add Kentucky to the list of states authorizing medicinal cannabis.  The bill cleared the House Judiciary Committee on Thursday and should be before a receptive House this week.  With a longtime Senate opponent now supportive of the bill, there’s a good chance this will become law.  Although I wish the bill were broader, HB 136 is a positive step. 

HB31, the C.R.O.W.N. Act (Creating a Respectful and Open World for Natural Hair) passed out of committee this week.  If enacted, it would end hair-based discrimination. Kudos to my friend and colleague Rep. Attica Scott for her persistent work on this bill, and to the student groups who’ve repeatedly come to Frankfort to support it.

In the news…

My Herald-Leader op ed, along with Senate Morgan McGarvey and Child USAdvocacy director Kathryn Robb, on the importance of lifting the statute of limitations in cases of child sexual abuse and assault.  It is simply not acceptable for Kentucky to be the most dangerous place in the country to be a kid. 

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There are of course many other issues moving through the legislative process, including the state budget, and the session days are long and getting longer as we move into the last weeks of the session.   

As always, I’m grateful to the many District 35 voters who’ve reached out to advocate on issues mentioned in this update, along with many other important issues before the General Assembly.  

You can email me by responding to this message, or at my legislative email address: Lisa.Willner@lrc.ky.gov.  You can also call my Frankfort office at 502-564-8100, and the message line for legislators remains active throughout the legislative session: 800-372-7181. 

Be well,
Lisa

Dear Friends,
This week, we reached the halfway point of the 2022 legislative session. This is a good moment to take a broad look at the session so far, reviewing what’s happened, and considering what may be still to come.  

Reaching the halfway point on the calendar doesn’t mean the legislature is halfway through passing bills. Fewer than 10 bills have become law so far, but dozens of others will certainly follow suit as the pace continues to pick up, and as the House and Senate begin hearing more of one another’s bills.
           
The legislature’s biggest issues – adopting a two-year budget for state government and redistricting – are both still in holding patterns, although for different reasons.

The Budget

The Kentucky House voted for its version of the Executive Branch budget on the session’s 12th day, weeks earlier than in past budget sessions.  Meanwhile, the spending plans for the Legislative and Judicial branches and the state Road Fund still await committee hearings.  
            
Republican House leaders say they expedited the executive branch budget this year so they could focus on tax reform.  This is worrisome for (at least) two reasons. Under the Republican majority, tax reform has meant “trickle-down” approaches that benefit corporations and the wealthy, while increasing the tax burden on everyday working Kentuckians.  

And transparency is another very real concern.
            
In 2018, the last time the legislature voted for major changes to the tax code, the majority party’s plan was made public and then approved by the General Assembly on the same day.  – a breathtaking and brazen move for such consequential policy change. 

Redistricting

The fate of redistricting rests currently in the courts, with arguments to be held early next month.  This week, Judge Wingate declined to issue a stay on the redistricting plan, but also declined to dismiss the case altogether.  The case centers on the new state House map – which I believe unfairly minimizes urban areas’ legislative voice – and the Congressional map.  The proposed Congressional map features what may be one of the country’s most oddly drawn districts, beginning at the Mississippi River and stretching along much of the Tennessee border before snaking up to include our state capital.             

New Laws

Among this session’s new laws, one sets aside $200 million for communities affected by December’s deadly tornadoes, while two others are pandemic related. Of these, one recognizes the essential caregiving roles of family or close friends for patients in long-term care, and guarantees these caregivers the ability to spend time inside facilities while pandemic rules are still in place.  The other increases some flexibility for schools to provide remote instruction during the pandemic.    

House Bills on the Move

The House has passed several positive bills and referred them to the Senate. I’ve highlighted several of these in past updates.  The latest to join this category is House Bill 174, which would extend Medicaid’s postpartum coverage for new mothers for up to a year. HB174 is part of the Kentucky House Democratic Women’s Caucus’s Kentucky Maternal and Infant Health Project, a slate of proposals designed to improve Kentucky’s abysmal outcomes for infants, children, and pregnant people.  While the US ranks last among wealthy nations in these areas, Kentucky’s outcomes are at or near the bottom nationally on multiple dimensions.  Lengthening Medicaid coverage for many new mothers is an important part of what needs to be a multi-pronged solution.  HB174 passed the House unanimously. 

House Bill 222 would add Kentucky to the list of 30 or so states with anti-SLAPP (“strategic lawsuit against public protection”) laws.  SLAPP occurs when a powerful person or organization frivolously uses the courts to silence critics.  Congratulations to Rep. Nima Kulkarni for her work on this legislation since 2019, and on its unanimous passage in the House! 

This week, the House also voted overwhelmingly for House Bill 250, providing $23 million for Kentucky State University – Kentucky’s only public Historically Black College and University –  to finish the fiscal year, and establishing a plan to put the university on stronger financial footing.

Other bills to clear the House in the last seven weeks include HB44 to add mental health as a valid reason for an excused absence in schools; HB56, which would provide $80,000 in-the-line-of-duty death benefits to families of first responders who die from COVID; HB317, which would make it easier for charitable organizations to help Kentuckians who cannot pay premiums or other payments to their health insurers; and HB127 to help break the cycle of homelessness to incarceration to involuntary hospitalization for more Kentuckians with severe mental illness.   

Some more problematic bills on the move include HB4, which would slash unemployment insurance payments, and HB63 that calls on all schools to have armed school resource officers by this summer or as soon as possible.  This one-size-fits-all bill undercuts local decision-making and puts a sizable unfunded mandate on school districts for an approach that is not supported by evidence to make schools safer, and increases the risk for Black students to become involved with the criminal justice system over school discipline issues. 

Several especially problematic bills have moved through the House Education Committee, including two that passed out of that committee this week.  HB23 cruelly and unjustifiably bars trans female students from participating on sports teams offered by their schools, and targets middle school students in particular. Another, HB51, would keep school districts from enforcing mask mandates – at a time when 112 out of 120 Kentucky counties are still in the red zone for COVID, and when schools are struggling to remain open due to COVID-related teacher and staff absences.  Ironically, HB51 passed out of the House Education less than six months after the General Assembly voted in special session to give school districts the authority to make decisions about mask requirements.

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I’m incredibly grateful to the many District 35 voters who have reached out to advocate or thank me for a NO vote in committee on HB51 and HB23, and for your advocacy on so many other important issues before the General Assembly.  It’s still impossible to predict what will become law and what will have to wait another year in the handful of weeks the General Assembly has left, but what I know for sure is that your input is critical to the process.  

You can email me by responding to this message, or at my legislative email address: Lisa.Willner@lrc.ky.gov.  You can also call my Frankfort office at 502-564-8100, and the message line for legislators remains active throughout the legislative session: 800-372-7181. 

Be well,
Lisa

Dear Friends,

In my profession’s code of ethics, our first ethical principle is that “Psychologists strive to benefit those with whom they work and take care to do no harm.”  I wish the ethics code for Kentucky legislators included those same guidelines.  

Unfortunately, as the pace of the 2022 legislative session picks up, so does the appearance of  harmful bills.  

Harm to Kentucky workers

House Bill 4, one of the House majority’s top priorities for the 2022 session, would harm Kentucky workers by making significant changes to unemployment benefits for Kentuckians who’ve lost their jobs through no fault of their own.  Having spent a good portion of my time throughout much of 2020 and 2021 working with desperate constituents to try and assist them with unemployment insurance (UI) claims, as well as fighting for the re-opening of regional unemployment offices, this senseless attack on Kentucky’s fragile UI system hurts my heart and boggles my mind.   
            
Under HB4, there would be new barriers for accessing and keeping UI benefits, weeks of eligibility could be cut in half, and laid-off workers could be forced to accept lower-paying jobs including those outside their career areas. Additionally, the new rules would put federal UI dollars at risk.  HB4 lands particularly hard on women and non-white workers, as well as on people with disabilities and those who live in rural areas.  

I joined all of my Democratic colleagues and several rural Republican legislators in voting NO on this bill that is harmful to Kentucky’s working families.  After three hours of debate in which many of us implored our legislative colleagues to reject this terrible bill, the bill passed 57-37 and is now headed to the Senate.  
For more about HB4, check out this excellent analysis from the KY Center for Economic Policy. 

Meanwhile… 

…more harmful bills are on the move.  HB23, a bill that discriminates against transgender female students, and HB51, a bill to ban mask requirements in public schools, are both posted to the House Education Committee, and could be voted on in committee as early as Tuesday.   

In better news…

Last year, I wrote to you about the House Democratic Women’s Caucus, which I am honored to chair, and our Kentucky Maternal and Infant Health Project. The project includes a slate of bills and resolutions to improve our state’s dismal maternal mortality and health statistics, address racial disparities, and improve outcomes for pregnancy, childbirth, and the postpartum period.  The Democratic women of the KY House have reintroduced a similar package of bills this year, and this week, HB174 passed unanimously out of the House Health and Family Services Committee. HB174 would extend Medicaid coverage to new mothers for up to a year postpartum for those at or below 185% of the federal poverty level.  This is an important victory for the health of mothers and infants.  I hope to be able to report soon that the bill has passed the House.  

New bills

HB464 – I was honored to work with one of my constituents who is an adult survivor of childhood sexual abuse, along with my predecessor – the Honorable Jim Wayne –  and Senator Morgan McGarvey to craft legislation that would remove the statute of limitations for civil claims in cases of childhood sexual assault or abuse.  The impact of childhood sexual abuse is lifelong, and the average age for adults abused as children to come forward about their abuse is 52.  Removing the statute of limitations is an important tool for survivors to be able to seek redress for the grave harms inflicted on them.  

With Kentucky ranked first in the nation for childhood sexual abuse, HB464 has already received bipartisan co-sponsorship, and is supported by the Kentucky Justice Association, the Kentucky Association of Sexual Assault Programs, and several child advocacy groups. Thanks to WLKY news  for bringing public awareness to this important issue that affects far too many Kentucky children and adults.  

HB478 – Last week’s winter storms were an important reminder of the hardships that can face any of us during weather emergencies, and the particular challenges to financially insecure Kentuckians during times of extreme weather conditions.  This week, I filed HB478 to prevent utility shut-offs during periods of extreme cold or heat, and to require extended and written notice of utility shut-offs.   The bill was prompted by the direct experiences and needs of far too many vulnerable Kentuckians.  

To read and learn more about these and other bills, you can visit the Kentucky Legislative Record online.
 

Frankfort visitors

It was a treat to meet with several visitors to the People’s House this week, including fellow members of the Kentucky Psychological Association, gun safety advocates from Whitney/Strong and Sandy Hook Promise, the American Foundation of Suicide Prevention – KY Chapter, and members of the Kentucky Association for Psychology in the Schools (KAPS).  All of these groups were on-hand to advocate for legislation that would promote the safety and mental health of Kentuckians across the state.  I was deeply honored to be presented the Friend of KAPS Award for my legislative work to improve student mental health.

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As always, I appreciate hearing your thoughts and concerns. Thanks to the many constituents and friends who’ve reached out to me this session.  You can email me by responding to this message, or at my legislative email address: Lisa.Willner@lrc.ky.gov.  You can also call my Frankfort office at 502-564-8100, and the message line for legislators remains active throughout the legislative session: 800-372-7181. 

Be well,
Lisa