Yesterday was the first day of the 2021 Kentucky Legislative Session. It is going to be an unusual year with changes made to various aspects of the legislative process, including how citizens can participate in the process.

Several bills were filed that we want to share with you. Some of these bills were pre-filed and were previously known under their BR (bill request) number. Going forward for the rest of the 2021 session, they will be known by their HB or SB number.

☑️HB 36 (BR301)- S. Maddox and 8 co-sponsors. "AN ACT relating to ensuring basic liberties regarding immunizations and *declaring an emergency."

This bill eliminates language from KRS 214.036 that would allow the Cabinet for Health and Family Services to vaccinate "all persons" in the event of an "epidemic." This is the bill for which many of you have already voiced your support when it was known as BR 301. We urge you to keep showing your support by asking your House Representative to support and co-sponsor HB 36.

See the details and read the full bill at https://apps.legislature.ky.gov/record/21rs/HB36.html
(click on the link for Introduced to see the full bill text.)

☑️SB 8- M. Wilson- "AN ACT relating to exceptions to mandatory immunization requirements and *declaring an emergency." (This bill was first filed as SB28, then withdrawn and filed again as SB8.)

This is a newly filed bill with some interesting language. It adds to the current vaccine exemptions for schools and daycares exemptions for "conscientiously held beliefs." This language is proposed to be added to all places in existing statute where exemptions are listed. This bill also takes a different approach than HB 36 to the "epidemic" language in KRS 214.036. Rather than eliminating the language, HB 8 provides for exemptions to any mandatory vaccination in the event of an epidemic.

Contact your state Senator and ask them to support and co-sponsor SB 8.

See details and read the full bill at https://apps.legislature.ky.gov/record/21rs/SB8.html
(click on the link for Introduced to see the full bill text.)

☑️HB 101 (BR 892)- M. Hart and one co-sponsor- "AN ACT prohibiting vaccination requirements for postsecondary education students."

https://apps.legislature.ky.gov/record/21rs/HB101.html
(click on the link for Introduced to see the full bill text.)
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☑️SB 37 (BR 418)- R. Girdler- "AN ACT relating to immunization and declaring an emergency."

This bill is, in part, identical to HB 36. It differs in that it adds a section to prohibit required immunization of any employee by an employer.

https://apps.legislature.ky.gov/record/21rs/SB37.html
(click on the link for Introduced to see the full bill text.)

Update 1/13/21

​Since this post was first published, SB28 was withdrawn and re-filed as SB8. Also, SB98 was filed.

SB 98 - A. Southworth- "AN ACT relating to immunizations."
Amend KRS 344.010 to define "immunization"; amend KRS 344.040 to prohibit employers from discriminating against an individual who declines immunization or requiring immunization as a condition of employment.

https://apps.legislature.ky.gov/record/21rs/sb98.html
​(click on the link for Introduced to see the full bill text.)

Going Forward

Be sure to check back for updates on our website and social media as these bills hopefully advance.

For info on contacting your legislators, click here.

*In this context, declaring an emergency means that this bill, if passed, it would take effect more quickly than a bill without this provision.

Writing to your state legislators doesn't have to be intimidating. Check out our post on how to find out who are your state legislators. If you are planning to write to them, here is one example of a template you can follow.

Paragraph One: State who you are and that you are their constituent. Write 1-2 sentences about yourself and your ties to the community. Include the name of your city/town, and some personal information such as how long you or your family has lived in Kentucky; what kind of business your family is in; how many children you have; or where you go to church/school. If you know anything you have in common with the legislator, mention it here. 

Paragraph Two: state the purpose of your letter. Here is what we suggest, customized to ask for support of BR 301:

I am opposed to a mandatory COVID vaccine, and I am concerned that current Kentucky law does not protect my right to make medical decisions for my family. 

I am specifically concerned about the last sentence in KRS 214.036, “in the event of an epidemic in a given area, the Cabinet for Health and Family Services may, by emergency regulation, require the immunization of all persons within the area of epidemic, against the disease responsible for such epidemic.” Senator Wilson  has filed SB28 which would address this concern by adding exemptions.  

I would like to know where you stand on this issue and ask that you please support and co-sponsor SB28. 
(Be sure to include this sentence, or something similar, so that they know you are asking them to respond to you.)

Optional: 2-3 sentences about why this is important to you. Use your own words. Are you or a loved one vaccine injured? Are you religiously opposed? You believe that when there is a risk there must always be a choice? DON’T GO OVERBOARD!

Paragraph Three: Thank them for their time, and specifically state that you look forward to receiving their response.

Conclude with your name and include your Kentucky mailing address

The Basics

Each Kentuckian is represented by two elected state level legislators: a member of the Kentucky State Senate (senator) and a member of the Kentucky House of Representatives (representative). These individuals vote on all bills that create or change Kentucky law (Kentucky Revised Statutes or KRS). It is important that both of your state legislators hear from you about issues that are important to you. While you can contact any legislator, it is most important that you communicate with the legislators elected to represent your district.

Find Your Legislators

The Kentucky Legislative Research Commission has an easy to use website to help you determine your legislators. Enter your address and click on the map. Click here to find your legislators.

Making Contact

.Below are some ways you can contact your legislators.

Visiting Your Legislators – By far, a face-to-face meeting is the most effective method of contact with a legislator. During the legislative session (starting in January each year), this most often happens at the legislator’s office in Frankfort, but it is also possible to meet with them in your home district, especially when the legislature is not in session. This is currently complicated by COVID, but you can still ask your legislator if they are open to face-to-face communication. You can also watch for local community events where legislators are scheduled to attend or speak.

**2021 General Assembly Accessibility & COVID Restrictions 
(information courtesy of Kentucky Voices for Health)

GENERAL ACCESS- General Public access to the Capitol Annex and to the Capitol Building will not be allowed. We understand that you will be allowed to enter either building if you have an appointment with an official/policy-maker, but access will be limited to the appointment time and you will be expected to leave the building after the appointment. Your name will have to be given to security at the front door of either building to gain access. We assume that this will have to be done by the official/policy-maker with whom you have the appointment, or by their staff person.

SCHEDULED ANNEX MEETINGS- Meetings will be limited to 3 persons and will take place in Annex offices. When you arrive at the main visitor entrance of the Annex, contact the legislative assistant or LRC staff who will verify your appointment time and may meet you there

Call the Legislative Message Line- A very easy way of making contact is to call the Legislative Message Line at 1-800-372-7181. A message line employee will answer and ask for your name and address. You do NOT need to know who are your legislators; the operator will look that up. You can ask to leave a message for your senator, your representative, other specific legislators, all members of a specific committee, etc. Ask your legislator(s) to support or oppose a certain bill or amendment to a bill. You can also add a personalized message. You can leave separate messages regarding multiple bills during the same call. Calling is usually a very quick and easy process. Every Kentucky voter can call daily!

Writing to Your Legislators–  Writing to your legislator is another great and effective tool.  Letters (particularly hand-written) are sometimes better than e-mail, although both are important.

It is helpful to write to your legislators several times, but even more impactful than multiple letters from the same person are letters from MORE constituents, so ask your friends and relatives to write also. 

Please email KMFC at info@kmfc.org to let us know your legislators' responses.

• Where to mail letters: Letters can be sent to your representative’s home or capitol address. During the session, communication should be sent to their office address. Contact info is available at https://legislature.ky.gov/
• Letters may be handwritten or typed. They should be signed and hand addressed. Handwritten, while more time consuming, is more likely to get seen and noticed!
• Letters should be about one page. 
• Your purpose is not to convince them that vaccines are bad. Your purpose is to emphasize the importance of bodily autonomy and CHOICE. Include your personal reasons for feeling this way.
• If you send an e-mail, be sure to include “constituent" and the bill number in the subject line and include your address in the body of the e-mail.  
• Some legislator e-mail addresses are listed on their legislative profile page, while others only have a generic “contact” link. Their e-mail is usually firstname.lastname@lrc.ky.gov, such as john.doe@lrc.ky.gov. 

Sample Letter to Legislators

Visit this post with a sample letter to legislators.

On October 8, University of Kentucky announced that students who live on or come to campus will be required to receive a flu vaccination by Nov. 1. The University does recognize both religious and medical exemptions.

To exercise a religious exemption, a student should send an e-mail to ReligiousExemptions@UKY.edu. This e-mail must come from the student and not the parents unless the student is under the age of 18. The email must state that getting the flu shot will substantially burden the student's free exercise of religion. We recommend keeping this statement simple and there is no need to include details. There is no form or notarization required.
 
For a medical exemption, a student must register with the Disability Resource Center. The Center can be contacted at DRC@UKY.edu, and more information is available here.

KY Constitutional Attorney, Chris Wiest stated the following.

​"The next battle and uproar, I expect will be on forced vaccination. No, there is no vaccine now. It is in phase III testing. Best guess is early 2021.
But Kentucky law does permit forced vaccination. KRS 214.036:

“Provided, however, that in the event of an epidemic in a given area, the Cabinet for Health and Family Services may, by emergency regulation, require the immunization of all persons within the area of epidemic, against the disease responsible for such epidemic.”

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8778

Proponents argue it is necessary to protect community health. Those opposed see it as a matter of fundamental liberty and autonomy.
On a federal level, it’s highly likely to be constitutional under Jacobson v. Massachusetts.

On a state level, I wouldn’t hold my breath on this, considering we sort of litigated the issue, on the chicken pox vaccine, up to the Kentucky Supreme Court, and lost, and there were legitimate religious objections in that case that implicated Kentucky’s RFRA. And still forced vaccination okay.

If it’s something you don’t want to happen, it’s in the hands of your state legislators. If it’s something you care about, you should ask your legislators where they stand on this issue and if you are opposed ask them to repeal this and prohibit forced vaccinations. And then vote accordingly."