Kentucky Lawmakers Unanimously Approve Coronavirus Relief Effort
Bill Headed to Governor's Desk for Signature
The Kentucky legislature approved
Senate Bill 150 unanimously yesterday after holding a joint conference committee to add more provisions into the bill.
The bill broadens unemployment benefits for employees who were either laid off or saw a reduction in hours due to the coronavirus, including the self-employed.The bill also waives the seven-day waiting period for collecting unemployment benefits. The bill also protects small business owners from having their unemployment insurance rate go up due to layoffs associated with COVID-19.
SB 150 – COVID-19 ECONOMIC RELIEF
Bottom Line: In order to help Kentucky businesses weather the economic storm created by the COVID-19 health crisis, the House and the Senate have taken steps to help businesses and health service providers reach customers, retain workers, and provide services.
Background
This is one of several priority measures passed by the General Assembly despite the Governor calling for the legislature to “pass the budget and go home.” In response to the spread of COVID-19, Governor Beshear began implementing executive orders limiting Kentucky businesses from operating normally. While they were recommended by public health officials, these actions in combination with national moves have caused great financial losses and a dramatic increase in unemployment and public assistance claims. These measures give statutory authority to those actions.
The bill’s provisions include:
Unemployment insurance relief for employees and small businesses:
o Removes the 7 day waiting period
o Adopts an alternative base period
o Allows for employees who have had been reduced to part-time to draw a partial benefit o Extend benefits to self-employed and others who would normally not be eligible
o Protects small business owners from having their rate adversely impacted because they were forced to lay employees off
o Permits the Education and Workforce Development Cabinet to seek assistance from the federal government and use other resources to reimburse the unemployment insurance trust fund
Gives agri-industry flexibility by suspend requirement to obtain temporary restricted CDL licenses for farm-related services under certain circumstances
Allows retail drink license holders to temporarily sell alcoholic beverages on a delivery, to-go, or take- out basis with food
Taxes and Fees:
o Provides relief from licensing fees and other requirements for occupations and professions required to be licensed under Kentucky law but have had their businesses close due to Governor’s executive order
o Relief from tax filing and payment deadlines under state law which now matches federal policy o Requires adherence to tax payment requirement changes made by federal authorities and requires the same changes for comparable Kentucky payment requirements and provides that penalties and interest not be imposed for any extensions
o Provides that a tax district may suspend or otherwise extend applicable deadlines for filing net profit or gross receipt returns
Medical Services:
o Grants temporary ability for physical and occupational therapists to be deemed essential health care providers under Kentucky law
o Establishes immunity for health care providers who in good faith render care or treatment during the state of emergency
o Provides that the State Boards of Medical Licensure, Emergency Medical Services, and Nursing may waive or modify certain laws
Legal Proceedings:
o Extends deadline for responding to open records requests
o Suspends open meetings laws to allow for live audio or live video teleconference meetings o Allows live audio or live video teleconference for court-ordered counseling and educational classes
o Establishes immunity for businesses that make or provide personal protective equipment or personal hygiene supplies that do not do so in the normal course of their businesses
o Allows a real time video teleconference to be considered for purposes of complying with testimony, signature, or notarization requirements
Authority and Standards for the Governor during the State of Emergency:
o Requires the Governor to declare, in writing, the date that the COVID-19 emergency has ceased.
Contact:
In the event no such declaration is made on or before the first day of the next regular session, the
General assembly may determine the date.
o Allows the Governor to provide administrative directives to the Education and Workforce Development Cabinet based on United States Department of Labor guidance
