FRANKFORT, Ky. — A major Medicaid overhaul bill has cleared its first legislative hurdle in Frankfort, as members of the House Appropriations committee approved House Bill 2 by a 14-to-4 vote.

The bill, sponsored by Ken Fleming, aims to transform Kentucky’s Medicaid program by strengthening oversight, reducing fraud, and aligning the system with new federal requirements.

Supporters say the proposal would improve health outcomes while ensuring taxpayer dollars are focused on the most vulnerable residents. The bill includes new accountability standards for managed care organizations, changes to eligibility reviews, transportation improvements for medical appointments, and the creation of a public healthcare transparency dashboard.

The legislation would also implement federally required community engagement — often called work requirements — for certain able-bodied adults, while exempting groups such as children, pregnant women, caregivers, and people with serious health conditions.

Opponents pointed out that the bill will raise co-pays for specialty services such as dialysis, cardiology and cancer treatment, as well as emergency room visits, on people who can least afford to pay them.

Health care providers, including Appalachian Regional Healthcare, voiced support for provisions aimed at improving access to care.

House Bill 2 now moves to the full Kentucky House of Representatives for consideration.

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FRANKFORT, Ky. — Kentucky is all but assured to become the 38th state to legalize medical marijuana, after the state legislature gave its approval on Thursday.

The House of Representatives passed Senate Bill 47 by a 66-33 vote Thursday afternoon. The Senate previously approved the bill by a 26-11 margin.

The bill will allow Kentuckians with certain conditions to buy, possess and use marijuana for treatment. According to the Marijuana Policy Project, those conditions include “any type or form of cancer; chronic severe, intractable, or debilitating pain; epilepsy or any other intractable seizure disorder; multiple sclerosis, muscle spasms, or spasticity; chronic nausea or cyclical vomiting; post-traumatic stress disorder; and any other medical condition or disease for which the Kentucky Center for Cannabis finds medical cannabis appropriate.”

The bill now heads to Gov. Andy Beshear, who has previously indicated he will sign it, making it law.

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FRANKFORT, Ky. — As expected, the East Kentucky State Aid Funding for Emergencies, or EKSAFE, bill was signed into law Friday afternoon.

The bill was sailed through a streamlined special session of the General Assembly which began only two days earlier. It gathered only one “no” vote, by a legislator who said he objected to the shortened procedure.

The bill includes $200 million for repairs to public properties, including roads, bridges, schools and utilities, as well as another $12 million for water and sewer projects in flooded counties.

It also shortens the school year by 15 days and allows up to 20 more remote learning days in counties affected by the disaster.

Lawmakers said the package is only the first step in the legislature’s response to the disaster, and that additional steps will be taken as additional needs come to light.

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FRANKFORT, Ky. — One day following the adjournment of this year’s General Assembly, lawmakers are pointing out that Pike County will be receiving more than $30.9 million for road projects.

“This funding is critical for our community,” state Rep. John Blanton said. “I’m thankful that the General Assembly thought more expansively about the needs of Pike County. I look forward to seeing how these projects improve our roadways throughout one of the busiest regions in Kentucky.”

The Pike County allocation is earmarked for the following projects:

• $2,540,000 to mitigate or eliminate rockfall hazards and improve roadway for better flow and efficiency in order to handle the expected congestion arising from events at the Expo Center
• $2,050,000 to improve KY 194 from US 119 ramp near Smith Farms Bottom to near Deskins Branch Culvert
• $5,000,000 for surfacing sections from Pikeville to Virginia state line, US 460/Route 80 from Route 195 to Dunleary Hollow
• $3,050,000 for Route 199 spot improvement, relocate portions of Route 199 along Old Norfolk Southern Railroad Bed at stone
• $800,000 to improve safety and reduce congestion at the US 460 and Route 1460 intersection
• $250,000 for a planning study to evaluate replacing Old Nolan toll bridge at Route 292 just southwest of Route 468 intersection
• $502,000 to install guardrail on Route 194
• $58,000 to install guardrail on Route 122
• $211,000 to install guardrail on Route 611
• $131,000 to install guardrail on Route 1441
• $730,000 to improve connectivity between Thompson Road and US-23 at Stonecoal
• $990,000 for bridge project on Route 1426 at Bent Branch
• $847,000 for bridge project on Route 610 at Shelby Creek
• $565,000 for bridge projects on Route 1441 at Raccoon Creek
• $231,000 for a bridge project on Gin Fork at Left.Fork-Brush Fork-Johns Creek

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FRANKFORT, Ky. — Those convicted of trafficking or importing fentanyl could soon find themselves facing much longer prison sentences, under a bill being considered in the Kentucky General Assembly.

Rep. Chris Fugate, of Perry County, who is a retired state trooper, has introduced Dalton’s Law, which would toughen sentence for those trafficking fentanyl and its derivatives.

The bill would make importing fentanyl a Class C felony, punishable by 5-to-10 years in prison. It would also make those convicted of importing or trafficking more than one gram of fentanyl ineligible for pretrial diversion. Finally, anyone convicted of trafficking or importing fentanyl would be ineligible for parole until serving at least 85 percent of their sentence, rather than the standard 50 percent.

Fentanyl is powerful synthetic opioid that is believed to be largely responsible for a 56 percent increase in drug overdoses since last year. Officials say 71 percent of that increase is due to fentanyl.

“With something this dangerous, there have to be consequences for those who traffic in these substances and put them into our cities,” said Rep. Fugate. “There are dangers to not only the users but also innocent bystanders, EMTs, paramedics, firefighters, and police officers who respond to the scenes of drug overdoses. It must be prosecuted to the fullest extent, and House Bill 215 does just that.”

The bill is named for 22-year-old Dalton Bishop, who died of a fentanyl overdose. His parents addressed the House Judiciary Committee to urge the bill’s passage.

“One of the scariest things to me is that these dealers are bonded out of jail within 24 hours of their arrest, just to begin this all over again,” Bishop’s mother, Rita Bishop, told committee members. 

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The House Judiciary Committee advanced the measure on a 17-1 vote. The bill moves to the full House next, and one of its lead sponsors, Rep. Jason Nemes, predicted it will pass by a wide margin. It would still have to pass the Senate, where its prospects are more uncertain.

The committee room was filled with advocates who have pressed for years to legalize medical marijuana for people battling chronic pain and debilitating medical conditions.

One Kentucky advocate, Eric Crawford, told lawmakers he already uses medical marijuana as an alternative to opioids to deal with pain and muscle spasms. Crawford suffered spinal cord injuries in a vehicle crash more than two decades ago.

“I’m not the only sick person in Kentucky in this predicament,” he said in emotional testimony. “There are thousands of other sick people in our state that use cannabis medically and are considered lawbreakers. Do you think we’re all criminals?”

He urged lawmakers to “do the right thing” and legalize what they consider a form of medicine.

“It is your moral duty to help those less fortunate than you,” Crawford said. “It is your job to enact laws for the betterment of sick Kentuckians.”

Some committee members pointed to overwhelming support from constituents back home to legalize medical marijuana as they voted for the bill. Advocates say medical marijuana would lessen dependence on pain medications in a state haunted by opioid addiction.

Medical marijuana is already legal in 33 states.

Smoking medical cannabis would not be permitted under the bill. Consumption could take place through such forms as pills and oils. A regulatory board would determine what conditions would qualify for doctors to prescribe marijuana to patients. The board would consist of eight doctors, four public advocates and a pharmacist.

Republican Rep. Kim Moser, who voted against the bill, said more research is needed on the health benefits of medical marijuana.

“I just want to make sure that seriously ill patients get the appropriate treatment and care that they need and deserve,” she said. “And I just want to make sure that they are getting the medication that they think they’re getting.”

Kent Ostrander of The Family Foundation told the committee that the state shouldn’t rely on “anecdotal-based assumptions” about medical marijuana.

He acknowledged that “there is medicine in the cannabis plant,” but added: “we just want to make sure that the good in the plant can be extracted and the bad can be removed. … But do we fully know what’s in the cannabis plant?” 

After the lopsided committee vote for the bill, Crawford — who has been a frequent visitor to the state Capitol to promote the cause — acknowledged it was only an initial victory.

“We’ve got a lot of work ahead of us,” he said.

The legislation is House Bill 136.

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Charleston, WV — The West Virginia legislature has been called into yet another special session. West Virginia Governor Jim Justice signed the proclamation yesterday. This special session will deal with three bills and is scheduled to begin at noon Monday. The legislature was called into special session earlier this year right after the regular session adjourned and then continued off and on until September 23rd. The legislature wasn’t in session that entire time. Both houses recessed for several weeks to gather public response on education issues. The House and Senate then alternated their activity in June, eventually passing an omnibus education bill. The three bills being proposed in this new special session includes approving spending authority for debt service payments for the second and third rounds of general obligation bonds for West Virginia road work. The second bill is aimed at bringing some DUI expungement procedures in line with federal law. The third bill would re-authorize the Tourism Development Act.

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CHARLESTON, W.Va. (AP) — The West Virginia Senate passed a sweeping GOP education bill Monday that would allow the state’s first charter schools, a move that has drawn heavy protests from teachers. Lawmakers in the Republican-controlled chamber approved the bill 18-16. It now moves to the office of Gov. Jim Justice, who has expressed support for the measure. he wide-ranging proposal would allow for a staggered implementation of charter schools, limiting the state to three charters until 2023 then letting three more go up every three years after that. It also contains a pay raise for teachers. Debate over the creation of charters has consumed the legislature since a similar bill launched a two-day teacher strike in February, paralyzing the school system. Democrats and union leaders have opposed efforts to install charters as a move driven by outside interests that will steer money away from public schools. It’s been called a “Frankenstein bill” during hours-long legislative slogs. Scores of educators have returned to the Capitol for the special legislative session, filling the halls with booming chants and songs. On Monday, debate was short but came with the threat of a lawsuit. “I believe that the majority party is under a misapprehension that when this bill is challenged in court that the newly elected and appointed members of the Supreme Court will see favorably the constitutional fragrance of this bill,” said Democratic Sen. Michael Woelfel, who said “the bill contemplates multiple objects, which conflicts with the West Virginia Constitution.” Republican Senate President Mitch Carmichael, who has led the push for charters in the state, has consistently pointed to poor test scores as reason to change the education system. He batted down the notion that the bill is unconstitutional. “We do comprehensive bills around here all the time, omnibus bills all the time. That’s a red herring,” he said, adding that such a legal challenge “would stand no chance in court.” Union leaders have said that the summer timing of the special session was a move to undercut the impact of another strike but maintain that they have other plays to make. “The next option we’re going to go is the 2020 elections. We want to make sure we elect people who are going to listen to West Virginians to the House and Senate, not the outside interest groups,” said Dale Lee, president of the West Virginia Education Association. The House of Delegates passed the bill last week. The Republican governor has tweeted in support for the bill, calling it a “major step toward building new opportunities for our children.” After the vote Monday, Justice tweeted, “I applaud the @wvsenate for passing the education bill tonight. This is the correct resolution that aids our teachers, students, and all those in the education community and I look forward to signing it.” He called the special legislative session after lawmakers failed to agree on education measures following a teacher strike during the regular session. That proposal eventually died in the House after educators packed the state Capitol and argued it was retaliation for last year’s nine-day strike over raises and health insurance, which helped inspire similar movements in multiple states. Justice had asked lawmakers to go out and seek input from the public before returning. Public forums on education were held statewide, at the end of which the Department of Education released a report saying 88% of people who answered a comment card at the meetings opposed the creation of charters.

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SB 1 was the product of a specially formed committee that traveled the state last year to discuss school safety and collect feedback. The measure will create a state security marshal to conduct onsite visits to ensure schools were compliant with all provisions of the omnibus bill. The goal of SB 1 is to improve student safety by boosting safety and prevention training, promoting the assignment of a school resource officer to every school, increasing awareness of suicide prevention efforts, encouraging collaboration with law enforcement and hiring more counselors in school districts. Legislative leaders said funding the provisions of the bill are expected to be a priority when lawmakers put together the state’s two-year budget next year.

Abortion. House Bill 5 will make it a felony to perform an abortion due to a decision based on the unborn child’s gender, race, color, national origin or disability. Senate Bill 9, known as the fetal heartbeat bill, will prohibit abortion in Kentucky once a heartbeat is detected in an unborn child. (A federal judge in Louisville has issued temporary restraining orders blocking enforcement of SB 9 and HB 5 after lawsuits were filed challenging the measures.) Senate Bill 50 will require health providers to report prescriptions written for RU-486 or any drug intended to end pregnancy to the state. House Bill 148 will outlaw abortion in Kentucky in most cases should the landmark Roe v. Wade ruling be reversed.

Budget. House Bill 268 authorizes $25 million in bonds for economic development and $50 million in bonds for state parks to be spent on emergency repairs on everything from leaky roofs to backed-up sewers. It would also provide $290,000 for Kentucky State University to match federal money available to land-grant universities.
Concealed carry.

Senate Bill 150 will make Kentucky the 16th state to allow concealed firearms to be carried without a concealed carry permit. The measure will allow Kentuckians age 21 and older who are legally eligible to possess a firearm to carry a concealed weapon without a license in the same location as people with valid state-issued licenses. Permitless carry will not be allowed where prohibited by federal law or otherwise prohibited.

Drunken driving. Senate Bill 85 will expand the use of ignition interlock devices (IID), Breathalyzer-type devices connected to the ignition systems of vehicles of people convicted of driving under the influence (DUI). The measure will do this by allowing and incentivizing IIDs for all people charged with a DUI and shift administration of the program from the courts to the Transportation Cabinet. SB 85 will also move Kentucky toward a more compliance-based model, in which offenders would have to complete a 120-day period of sober driving before exiting the court-mandated program.

Elections. House Bill 114 will require candidates for state offices and most local offices to officially declare their candidacies via “statement-of-candidacy” forms no later than the last Tuesday in January preceding the general election. The current deadline is April 1. Amendments to the measure will also remove the Secretary of State as a voting member of the State Board of Elections and will make it a misdemeanor if an election official willfully misuses the state’s voter registration roster. Senate Bill 4 will require mandatory electronic filing of all candidates’ campaign finance reports by the May 2020 primaries.

Felony expungement. Senate Bill 57 will expand the number of Kentuckians eligible to have low-level felonies expunged from their criminal records. It will do this by expanding discretionary expungement to all Class D felonies with some exceptions for crimes such as stealing in office, abusing children and sex abuse. It includes a five-year waiting period to apply for expungement, a $250 application fee and provisions for prosecutors to object and judges to reject the applications.

Foster children. House Bill 158, dubbed the “foster child bill of rights,” grants 16 rights for children in out-of-home placement in Kentucky, including rights to “adequate food, clothing and shelter,” “a safe, secure, and stable family,” and “freedom from physical, sexual, or emotional injury or exploitation.” The legislation will also reduce the time for a parent or guardian to consent to voluntarily placing a child for adoption from 20 days to 72 hours. Senate Bill 31 will ensure children in out-of-home care have visitation rights with their siblings. The measure will do this by requiring the Cabinet for Health and Family Services, in the case of siblings removed from their home and not jointly placed, to provide for frequent visitation or other ongoing interaction between the siblings.

Free speech. House Bill 254, dubbed the campus free speech bill, will require the state’s public universities to affirm they favor a free marketplace of ideas where speech is not suppressed because it’s deemed “offensive, unwise, disagreeable, conservative, liberal, traditional or radical.” SB 254 will also expand areas commonly known as “free speech zones” on many campuses to any accessible, open, outdoor venue.

Government contracts. House Bill 135 will prohibit public agencies from requiring that their contractors on public works projects have agreements with labor organizations.

Hemp. House Bill 197 will expand the legal definition of hemp to include the seeds of industrial hemp, derivatives, extracts, cannabinoids and isomers, among other components. That is the same definition found in the new U.S. Farm Bill, signed into law late last year, which removed hemp from the federal Controlled Substances Act.

Kinship care. House Bill 2, dubbed the kinship care bill, will create a caregiver assistance program for relatives and “fictive kin” – usually close family friends – of abused, neglected or dependent children. The measure will do this by offering different options to the caregivers based on the level of care they provide. HB 2 is designed to address a growth in out-of-home placement of Kentucky children amid the state’s current opioid crisis.

Lobbying. Senate Bill 6 will require disclosure of executive agency lobbyist compensation. The measure will also prohibit compensation contingent on awarding of a government contract. It will provide oversight, in part, by requiring executive branch lobbyists to register and list their clients. That’s already required of legislative lobbyists.
Midwives. Senate Bill 84 will recognize, certify and regulate home-birth midwives in Kentucky. The measure would create a council to advise the state Board of Nursing on the creation of regulations regarding qualifications, standards for training, competency, any necessary statutory changes and all other matters relating to certified professional midwives.

Pensions. House Bill 358 will give regional state universities, community colleges and “quasi-governmental” agencies like health departments and mental health boards a chance to leave the Kentucky Employees Retirement System (KERS) as of June 30, 2020, by paying their unfunded liability to the system in a lump sum or installments. Postsecondary institutions and quasi agencies that decide to stay in KERS will have to pay the full retirement contribution rate to the system starting in July 2020.

Solar energy. Senate Bill 100, dubbed the net metering bill, will change how much owners of solar power systems are reimbursed for electricity they add to the power grid. Under the bill, the Public Service Commission will set the compensation rate. The measure will grandfather in those participating in the current net metering structure for 25 years. In addition, those who install solar panels within the next year will be covered by the grandfather clause.

Strangulation. Senate Bill 70 will make non-fatal strangulation its own felony crime under Kentucky’s criminal code.
Student loan debt. House Bill 118, named the Keep Americans Working Act of 2019, will prohibit someone from having an occupational license suspended or revoked because of delinquency on a student loan or work-conditional scholarship. The measure is meant to help keep people with student loan debt out of poverty and in the workforce.

Taxes. House Bill 354 will provide tax relief to banks and nonprofits in addition to strengthening Kentucky’s ability to collect sales tax on online purchases. The measure will transition the taxation of Kentucky-chartered banks from a franchise tax to state corporate income tax in an attempt to curb the takeover of community banks by banks from states with lower tax rates. Another section of HB 354 will provide relief to nonprofits by exempting those groups from collecting and remitting sales tax on admissions to charity events in addition to making it clear in statute that sales from one-time fundraising events are not subject to the sales tax. Thirdly, HB 354 will increase tax revenue by requiring online marketplace providers to collect and remit sales tax for sales made using their platform.

Tobacco. HB 11 would ban the use of tobacco, e-cigarettes and vaping devices on public school campuses, in school vehicles and at school activities beginning with the 2020-21 school year. School districts would have up to three years to opt out of the ban should they choose. The individual districts not opting out will also be able to set the penalties for violating the ban.

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