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2021 Interim Record 2021 May PUBLISHED BY LEGISLATIVE RESEARCH COMMISSION Volume 34, No. 2 LEGISLATURE.KY.GOV/LEGISLATION/PAGES/DEFAULT.ASPX Kentucky students have option to retake a year of school by Jordan Hensley FRANKFORT— A second chance. That’s what lawmakers say is the goal of Senate Bill 128. With this measure, public and nonpublic school students from kindergarten through 12th grade could have the opportunity to re-do the last school year. Over the last year while talking to his own children and learning about the struggles of other children across the Commonwealth due to the pandemic, Sen. Max Wise R-Campbellsville, thought, “What can I do?” On the Senate floor on March 2, Wise said SB 128 seeks to give an “enhanced educational opportunity” to students who had their education experience diminished over the past year due to the pandemic. Wise, who is the primary sponsor of SB 128 and chair of the Senate Standing Committee of Education, said SB 128 is not a mandate for school systems, but an option. However, a school system that choos- es to allow students a second chance must allow every student who wants one to participate. “And does this bill solve all the problems? No, but it gives an option Sen. Max Wise, R-Campbellsville, said that Senate Bill 128 would help students and it gives a choice,” Wise added. whose school year was diminished due to the pandemic. On the House floor on March 16, Rep. Steve Riley, R-Glasgow, said the bill would allow students, regardless of academic status, to re-do the school year. The bill would also allow high school students to have a fifth-year of eligibility to play sports as long as they do not turn 19 before Aug. 1 of their senior year. Lawmakers in both chambers expressed how helpful this will be for Kentucky’s youngest students. Continued on page 2 THE KENTUCKY GENERAL ASSEMBLY 1 Kentucky students, from page 1 “I know of many kindergarteners who did their first year of school in NTI… by the House on a 92-5 vote on March 16. and don’t even know their letters yet,” Rep. Tina Bojanowski, D-Louisville, said, adding this bill will be extremely helpful for students who have fallen “This academic year has been hard for so many,” Wise said. “… I appreciate behind and are struggling. all the work that everyone’s done across the Commonwealth, but once again this bill is an opportunity bill. This bill is an academic bill. Hopefully this bill Rep. Cherlynn Stevenson, D-Lexington, also expressed support for the bill, is an opportunity for students to utilize to remember an opportunity that but said she has concerns about what this might do to class size and space. they’ve lost given this past year.” Riley responded there is some concern about that, but it is estimated that Gov. Andy Beshear signed the bill on March 24. only 3% to 5% of students may take advantage of this opportunity at a cost of $6 million to $10 million more for the state. SB 128 includes an emergency clause, meaning it became effective immedi- ately upon the governor’s signature rather than 90 days after adjournment of The bill, which was approved 36-0 by the Senate on March 2, was approved the legislature. New law re-establishes state billboard regs by Jim Hannah FRANKFORT – Unregulated billboards springing “I personally don’t like the idea of giving them a up along Kentucky roadways will no longer be a free pass when the businesses in our state have – sign of the times. for years – followed the rules,” Johnson said. He added that the problem was exacerbated because Under legislation passed during the 2021 Regu- many of the new billboards being erected didn’t lar Session, the Kentucky Transportation Cab- even comply with the old regulations. inet has until Aug. 1 to promulgate regulations concerning roadside billboards. The legislation, Leigh Ann Thacker, a lobbyist for the Outdoor known as House Bill 328, re-establishes the state’s Advertising Association of Kentucky, testified regulatory authority for roadside billboards after at the committee hearing in support of HB 328. a federal court ruling called the state’s prior regu- One concern had been that the new billboards lations into question. decreased the value of the older billboards, erected under the original regulations. “Kentucky was the Wild West when it came to billboards,” Senate Transportation Committee Kentucky Resources Council Director Tom Fitz- Chair Jimmy Higdon, R-Lebanon, said March 16 Gerald, who also testified in support of HB 328, from the Senate floor. “We had a lot of activity on quipped that it was the rare occasion he agreed our interstates. Billboards sprang up in a lot of with the outdoor advertising association. FitzGer- different places.” ald explained that Kentucky had regulated out- door advertising along certain routes, such as the He said HB 328 simply puts Kentucky’s statute back state’s parkways, since the Highway Beautification in place, minus the unconstitutional language. Act of 1965. That bill was a priority of President Rep. D.J. Johnson, R-Owensboro, speaks Lyndon B. Johnson with his wife, Lady Bird John- “It draws a line in the sand,” Higdon said. “It on House Bill 328, legislation he introduced son, as the act’s No. 1 proponent. says, from this day forward, we are regulated and concerning roadside billboard regulations. you can’t come to Kentucky and put up a sign Sen. David Yates, D-Louisville, asked at the com- that is not permitted.” concerning roadside billboards. mittee hearing how many billboards had been erected since the court ruling. Thacker estimat- During a March 3 Senate Transportation Com- Johnson, the primary sponsor of HB 328, said ed that 100 billboards had gone up. She added mittee hearing on HB 328, Rep. D.J. Johnson, out-of-state billboard operators shouldn’t be given that when a court ruling also found Tennessee’s R-Owensboro, said Kentucky was at risk of losing a pass for exploiting the vacuum the court ruling billboard regulations unconstitutional, over 250 as much as $70 million in federal transportation created. billboards went up in that state before the regula- funding for not meeting a federal requirement tions could be re-established. 2 2021 INTERIM LEGISLATIVE RECORD Take-home cocktails to stick around post-pandemic by Jim Hannah FRANKFORT – Cocktails to go aren’t going away in Kentucky. The General Assembly made take-home cocktails permanent with the passage of Senate Bill 67 during the 2021 Regular Ses- sion. SB 67 contained an emergency clause, meaning it became effective immediately upon approval by the governor on March 15 rather than 90 days after adjournment. SB 67 codified an executive order issued during the pandemic that allowed restaurants, under certain conditions, to sell cock- tails in sealed containers for deliveries and to-go orders as part of a meal purchase. “Kentucky restaurants have been very heavily damaged during the pandemic,” Jay Hibbard of the Distilled Spirits Council of the United States said during a Feb. 9 hearing on SB 67 before the Senate Licensing and Occupations Committee. “There is no predicting when customers will feel comfortable coming back to restaurants so we want to make sure they have every opportu- nity to take advantage of developing a revenue stream that will help save a job.” At the time of the hearing, Hibbard said 33 states, plus the Dis- trict of Columbia, were allowing alcohol to go. Ohio and Iowa had both made the option permanent. Michigan had extended it for five years. Senate Licensing and Occupations Chair Sen. John Schickel, R-Union, said at the hearing that the state retail federation, restaurant association and distillers’ association were among the groups that supported SB 67. Senate Majority Floor Leader Damon Thayer, R-Georgetown, described it as a lifeline for restaurants. “During these unfortunate and misguided lockdowns of restau- rants during the pandemic … the cocktails to go executive order is the one thing that has helped many of these places stay in business,” he said. “If you understand the economics of running a restaurant, you know there is a higher profit margin on drinks, both alcoholic and nonalcoholic, than there is on food.” During the committee hearing, Sen. Paul Hornback, R-Shel- byville, praised language in SB 67 that stated to-go alcohol had to be purchased “in quantities that a reasonable person would purchase with a meal.” SB 67 specifically prohibits the selling of alcohol in bulk quantities. The alcohol has to be transported in a locked glove compart- ment, the trunk or other places not considered to be in the Sen. John Schickel, R-Union, introduced Senate Bill 67, an act relating to the sale of “passenger area” of a vehicle. And SB 67 prohibits alcohol to-go alcoholic beverages, during the General Assembly’s 2021 session. deliveries to areas of Kentucky where alcohol sales are prohibited. THE KENTUCKY GENERAL ASSEMBLY 3 2021 Kentucky General Assembly Senate Julie Raque Adams (36) Christian McDaniel (23) Damon Thayer (17) 213 S Lyndon Lane PO Box 15231 702 Capital Ave. Louisville, KY 40222 Latonia, KY 41015 Annex Room 242 (LRC) 502-564-2450 (LRC) 502-564-8100 Frankfort, KY 40601 Ralph Alvarado (28) Morgan McGarvey (19) (LRC) 502-564-2450 3250 McClure Road 2250 Winston Ave Reginald Thomas (13) Winchester, KY 40391 Louisville, KY 40205 702 Capital Ave. (LRC) 502-564-8100 (LRC) 502-564-2470 Annex Room 254 Karen Berg (26) (Home) 502-589-2780 Frankfort, KY 40601 702 Capitol Avenue Stephen Meredith (5) (LRC) 502-564-8100 Frankfort, KY 40601 1424 Byrtle Grove Rd (LRC FAX) 502-564-0777 (LRC) 502-564-8100 Leitchfield, KY 42754 Johnnie Turner (29) Tom Buford (22) (LRC) 502-564-8100 702 Capital Ave.
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