Legislative Updates – Marianne Proctor for State Representative

LEGISLATIVE UPDATE

Representative Marianne Proctor

April 28, 2025

Closing an open door: House Bill 315 and the protection of our nation

It has been nearly 35 years since the end of the Cold War. While the United States has engaged in other conflicts since then, none have paralleled the scale of the threat posed by the aggression of the communist bloc throughout the latter half of the 20^th century.

While the Soviet Union may have fallen, other nations such as China, Venezuela, Iran, and Cuba have persisted in their attempts to do our country harm. Some of their methods are more open than others such as funding terrorist organizations, indefinitely detaining American citizens, and threatening our allies. They have also engaged in tactics which are more hidden from the everyday eye such as cyberattacks on our infrastructure, producing propaganda, and embedding spies across numerous sectors of industry.

However, since the early 2010s the federal government has been sounding the alarm around a new threat posed by these countries which has been growing in our own backyards nearly unchecked for years: farmland. Not just any farmland though, but rather farmland strategically located near some of the most important military installations across the United States which have been slowly acquired by investors, billionaires, and companies with strong ties to our nation’s enemies.

To put this issue into perspective, the vast majority of foreign owned agricultural land in the United States is owned by our allies such as Canada, the Netherlands, and Italy. Less than one percent of foreign owned agricultural land is in the hands of entities linked to our advisories. However, as the following examples show, it is not the size of their holdings but rather their locations:

In 2012, President Obama ordered a Chinese company to divest from their significant amount of property near the Boardman Bombing Range in Oregon, a site where the U. S. Navy conducts exercises with fighter jets, unmanned drones, and electronic warfare systems. Between 2017 and 2021, a Chinese billionaire with strong ties to the Chinese government purchased over 140,000 acres of Texan ranch land near the Laughlin Air Force Base, the Air Force’s largest pilot training facility. In 2023, another Chinese company attempted to purchase 370 acres near the Grand Forks Air Force Base in North Dakota where critical combat surveillance and reconnaissance units are stationed.

Most troubling of all, a Chinese company was forced to divest from a property located less than one mile from the Warren Air Force Base in Wyoming, home to over 150 intercontinental ballistic missiles and their launch facilities.

With Kentucky being home to two critical military installations –Fort Campbell and Fort Knox–we owe a duty to the men and woman of our armed forces to ensure they have all the protections needed so they may continue upholding the safety and security of our nation.

This is why we passed HB 315 during this past legislative session. HB 315 prohibits any foreign investor, company, or other entity from purchasing, leasing, or otherwise acquiring agricultural land in Kentucky or participating in Department of Agriculture programs if they are associated with a hostile foreign government such as China, Russia, Venezuela, Iran, and Cuba.

With this measure, we are doing our part in protecting national security as well as the sanctity of our commonwealth’s agricultural industry.

We also join more than 30 other states in their enactment of similar measures to fight back against hostile foreign encroachment on our farmland, and continuing our assurance that the logistics, infrastructure, and operational capacity of our armed forces are protected both at home and abroad.

With this bill becoming law, we are closing a door which has stood open to our nation’s enemies for far too long, and proving yet again despite any of their new weapons, tactics, or threats we will always stand ready to defend those who defend us.

As always, I can be reached anytime through the toll-free message line in Frankfort at 1-800-372-7181. You can also contact me via email at [email protected] and keep track through the Kentucky legislature’s website at legislature.ky.gov.

LEGISLATIVE UPDATE

Representative Marianne Proctor

April 28, 2025

Senate Bill 89: Ensuring water quality by streamlining state and federal regulations

Each legislative session, a few bills draw significant public and media attention. One such bill this year was Senate Bill 89, which was motivated by a desire to streamline state and federal water protection regulations to make them easier to follow, but initially raised concern that it would create loopholes that endangered protections for Kentucky’s groundwater—an issue constituents voiced to their legislators.

Like SB 89, most legislation that passes into law differs from the original version of the proposal. After all, refining an idea until it becomes the best product possible is a fundamental goal of the legislative process. Lawmakers work together and with stakeholders, in small working groups, committees, and individually, to respond to concerns and ensure that the final version meets the needs of our Commonwealth.

Again, SB 89 is a great example of how the legislative process works. Members listened to concerns and found a way to address them. The final product, the bill that became law, still meets its primary goal of ensuring clean and safe water while eliminating unnecessarily burdensome regulations and curbing executive branch overreach.

SB 89, as amended in the House, defines “long-term treatment” and outlines bond calculation methods. It also amends the definition of “Waters of the Commonwealth” to align with the federal “Waters of the United States.” This alignment ensures regulatory consistency, protects natural resources, and eliminates unnecessary red tape.

In recent years, the Energy and Environment Cabinet (EEC) has imposed burdensome regulations, causing permitting delays and hampering economic competitiveness. House Committee Substitute 1 addressed these issues by expanding the definition of protected waters to include navigable waters, sinkholes, domestic water springs, and wellhead protection areas.

SB 89 emerged in response to the EEC’s proposal of a new bond model, which would have imposed over $100 million in added costs on Kentucky coal mines—many already struggling. Federal law allows states to determine bond adequacy, but in August 2024, the EEC filed amendments requiring bonds for all water treatment, even short-term, disregarding existing definitions. These changes not only overstep federal guidelines but also introduce vague, arbitrary rules that threaten the industry’s viability.

This overreach extends beyond coal. Landowners whose properties include streams, wetlands, or ponds may now face unnecessary federal permitting under the Clean Water Act (CWA). In 2023, the U.S. Supreme Court clarified that ephemeral streams and certain wetlands are no longer federally regulated, offering relief to property owners and businesses.

Kentucky law (KRS 224.16-050) prohibits state agencies from imposing stricter water regulations than the federal government. Despite this, the EEC continues to operate under an outdated and overly broad definition of state waters, undermining legal clarity and threatening industries statewide.

At its core, SB 89 protects Kentucky businesses from regulatory overreach, restores consistency, and supports industries like agriculture, coal, and construction. By streamlining regulations and aligning state law with federal standards, SB 89 brings long-overdue clarity for landowners, businesses, and energy producers. It reinforces Kentucky’s commitment to balanced governance—prioritizing its people over unchecked bureaucracy.

The measure comes at a time when many of these industries – particularly coal – are already under pressure, and will play a huge role in securing a more predictable, stable, and fair regulatory environment that strikes a balance between environmental stewardship and responsible economic oversight. In passing this legislation, the General Assembly is upholding its commitment to the people of Kentucky, and their best interests, not those of unelected bureaucrats.

LEGISLATIVE UPDATE

Representative Marianne Proctor

April 14, 2025

Easter’s message of grace, renewal, and service

“Blessed be the God and Father of our Lord Jesus Christ, which according to his abundant mercy hath begotten us again unto a lively hope by the resurrection of Jesus Christ from the dead.” — 1 Peter 1:3

Each spring, Easter arrives with the warmth of longer days, the fresh bloom of flowers, and the beautiful songs of birds returning. It is a season of renewal, new beginnings, and the return of hope after winter melts away. As a Christian, I see Easter as the keystone of our faith that anchors our enduring and unshakable belief. Without the resurrection, the structure of belief would crumble. Yet because He lives, our faith stands strong, offering the promise of eternal life.

This season is a powerful reminder, for all of us, that even after the darkest times, the light of God’s love is always there waiting for us. Easter is a time of grace, renewal, and service. The resurrection of Jesus Christ is not just a miracle from the past, it is living proof that redemption is always possible, no matter how difficult our circumstances may seem. This truth shapes not only our personal faith, but also how we serve our family, our community, and the Commonwealth. Just as Christ gave of Himself for others, let us carry that same spirit of renewal and grace into our every day lives. This season, we are reminded to live a life of purpose and service, to reach out and uplift one another, to serve our neighbors and communities, and above all else, to love each other.

Here in Kentucky, we are blessed to live in an oasis of tight-knit communities filled with resilience, generosity, and faith. This Easter, we find ourselves in the wake of several recent storms that have brought devastating damage to almost every corner of our state. However, through these challenging times, we have had the opportunity to see the embodiment God’s word working in communities across the Commonwealth. I’ve seen neighbors come together to help one another after these tragedies, strangers becoming friends in times of need, and folks showing unwavering strength in the face of so much uncertainty. Kentuckians have continued to exemplify the spirit of service that makes our Commonwealth strong. This Easter, as we reflect on all that our state has endured, let’s keep working toward a brighter future for Kentuckians and living through God’s word.

Let this holy season serve as a reminder for all of us to continue caring for one another, especially in times of disaster. Whether it is helping those affected recover from devastating storms, supporting families in your community though tough economic times, or simply showing kindness to your neighbors- we all can play a small role. Each one of us was created in the image of God, worthy of dignity, grace, and love.

I pray that this Easter, especially, we remember that hope is never lost, and that new beginnings are always possible. Just as the resurrection of Jesus brought new life to the world, we too can renew our commitment to doing our part in making our communities better, stronger, and more united. We can do this by standing up for our values, protecting our families, and ensuring that Kentucky remains a state where kindness, faith, and hard work is at the center of everything we do.

As your representative, I am committed to serving the people of Kentucky with honesty, integrity, and faith in the future of our great state. I believe that by working together, we can uphold the principles that make our communities thrive—faith, family, and freedom. Whether it is through strengthening our schools, supporting small businesses, or ensuring the safety of our neighborhoods, we must always strive to build a better Kentucky for future generations.

This Easter, may we celebrate Christ’s victory over death, the joy that comes with knowing the tomb is empty, and that life, in all its beauty, begins anew even after disaster. Because he lives, we can face whatever lies ahead, together.

May God bless you and your family this Easter season, and may He continue to bless the Commonwealth of Kentucky.

LEGISLATIVE UPDATE

Representative Marianne Proctor

April 1, 2025

Lawmakers override Governor’s vetoes to conclude the 2025 Regular Session

The Constitution of the Commonwealth of Kentucky gives the General Assembly the authority to create new laws. In a nod towards checks and balances, it grants the governor the power to veto or reject legislation he or she finds deficient or opposes. However, the legislative branch has the power to override the governor’s veto with a constitutional majority, thereby sending the legislation to the secretary of state for his or her recording into law.

During the veto break, the Governor issued 29 vetoes. These include entire bills and resolutions, as well as line items of appropriations legislation. These measures were important pieces that will strengthen Kentucky, including legislation providing more oversight of state government and creating policies to improve how we address early education.

The checks and balances between our branches of government established in our constitution are essential to our system of government. The veto allows the General Assembly to reconsider legislation one final time to ensure we are creating a law that will benefit the people of Kentucky. It also allows the General Assembly to reaffirm our support for key government reforms and legislative measures that the governor disagrees with. The General Assembly must make laws that strengthen our economy, improve our education system, and modernize our government to protect Kentuckians from government overreach and inefficient and ineffective government policies.

Here are a few summaries of key pieces of legislation that had the Governor’s veto overridden during the final days of the 2025 Regular Session:

Addressing Improper Sales Tax Collection – HB 2 provides Kentuckians improperly charged sales and use taxes on bullion transactions, such as gold and silver, an avenue to seek refunds and additional compensation for the illegal and undue burden.

Ending Discrimination in Public Colleges and Universities – HB 4 prohibits wasteful and discriminatory diversity, equity, and inclusion (DEI) practices on the campuses of Kentucky’s public universities.

Limiting Government Overreach by Unelected Bureaucrats – HB 6 establishes limitations on the authority of unelected bureaucrats to promulgate administrative regulations.

Enhancing Accountability in Criminal Justice Institutions – HB 136 requires the annual report made to the legislature by the Department of Corrections to include additional data on persons released from a correctional institution, including time served, gang affiliation, drug test results, educational attainment, and recidivism.

Promoting Early Intervention to Ensure Long-term Academic Success – HB 240 utilizes a universal screener to assess student progress in kindergarten and first grade alongside grade-level assessments. Schools may retain kindergarten students who do not make adequate educational progress, but first-grade students must be held back if they do not make adequate progress or are unprepared for the second grade.

Improving local water and wastewater systems – HJR 30 authorizes the release of funds for the Kentucky Water or Wastewater Assistance for Troubled or Economically Restrained Systems Fund. These funds were appropriated during the 2024 Regular Session to support local governments in improving their water and wastewater infrastructure.

Approving county road projects – HJR 46 sets the priority county road projects, including them in the funding for the six-year road plan. This funding was appropriated during the 2024 Regular Session, and this resolution releases these funds for county and city roads needing improvement.

In the final hours of the session, House and Senate leadership received a letter from the Governor claiming that he will not implement a dozen or so laws passed this session. He claims they will cost too much, but many are actually cost-savings measures aimed at ending government overreach or requiring programs to work more effectively. His stance is not only disappointing, but unlawful and politically motivated. I am hopeful that the issue will be resolved without going through expensive and unnecessary legal challenges. However, as a duly-elected lawmaker, I stand by the legislature’s authority to enact the policies that govern our Commonwealth.

LEGISLATIVE UPDATE

Representative Marianne Proctor

March 24, 2025

Placing priority in kindergarten readiness

Kindergarten readiness refers to a child’s ability to communicate their needs and wants, develop social and emotional skills, build language and literacy abilities, gain general knowledge, and establish an approach to learning. Schools measure readiness through standardized tests, assessments, screeners, and teacher observations. In recent years, it has become a major focus as school districts and states work to improve student outcomes and adapt education to meet evolving family and societal needs.

Research over the past decade shows that children who enter kindergarten prepared tend to perform better on standardized tests, maintain higher grade point averages, and achieve greater academic success throughout their education. Those who start school without foundational skills often struggle to keep up, putting them at a distinct disadvantage.

In previous years, more than 50% of Kentucky’s students entered kindergarten ready. Today, that number has dropped to between 40% and 48%, leaving more than half of students behind from the start. To address this, the General Assembly passed HB 240, which strengthens early education by encouraging schools to hold back unprepared kindergarteners and first graders who lack the foundational literacy, math, and language skills needed to advance. This measure utilizes the universal screener from the Read to Succeed Act (SB 9, 2022) to assess student progress in kindergarten and first grade. Kindergarten students may be held back, but first-grade students must be held back if they do not make adequate progress. The ultimate goal is to intervene early when the biggest differences can be made.

Declining Test Scores and Readiness Rates

Kentucky’s standardized test scores have declined since peaking in 2015. According to the latest results:

3rd Grade: 47% of students are proficient in reading; 43% in math.
8th Grade: 41% are proficient in reading; 42% in math.
High School: 46% of 10th graders are proficient in reading; 36% in math. Only 6% of 11th graders meet science proficiency standards.

As test scores decline, so does the kindergarten readiness rate. The correlation between unprepared kindergarteners and later academic struggles reinforces research linking early education to long-term success. Without a strong foundation, students face greater challenges in achieving academic proficiency.

Addressing the Readiness Gap

During the 2024 Regular Session, the General Assembly created the Adaptive Kindergarten Readiness Pilot Program through HB 695 to provide families with educational resources to prepare their children for school. HB 240 builds on that effort, ensuring students receive the support they need once they enter the school system.

Over the past 30 years, kindergarten has shifted from a play-based environment to an academic foundation. By 2010, students were expected to spell, write sentences, solve basic math equations, and understand probability. Teachers now anticipate that students will enter school knowing their ABCs, how to use a pencil, and how to read at grade level by the end of kindergarten. What was once first-grade material is now the standard for kindergarten.

As expectations evolve, we must ensure students are equipped to meet them. Measures like HB 240 are crucial to helping children develop the skills needed for lifelong learning. Education empowers students to become the best versions of themselves and access the countless opportunities available to them. Addressing kindergarten readiness is not just an educational priority—it is an investment in the future success of our children.

LEGISLATIVE UPDATE

Representative Marianne Proctor

March 10, 2025

Eliminating unnecessary barriers to postsecondary education

The United States of America was founded on the core principles of equality, opportunity, and impartiality. To our founders all men were created equal, all men were afforded an opportunity to succeed, and the laws of our nation were to be impartial to all who entered the constitution’s jurisdiction.

For centuries these foundational principles inspired Americans from every religion, color, and creed to realize the founder’s vision of a free and equal nation. Over the course of our nation’s history, we have fought to make a path towards that vision, with each step bringing us closer. By the 1960s the federal government passed several measures to ensure that all Americans were subject to the same rights under the law including the 19^th amendment and the Voting Rights Act of 1965. One of the most impactful protections, the Civil Rights Act, was passed in 1964 and outlawed discrimination on race, color, religion, sex, and national origin.

During this period of change, the United States adopted a policy of affirmative action for government contracts, hiring, and college admissions to provide preferential treatment to under-represented populations. In Students for Fair Admission v. Harvard (2023) the Supreme Court ruled policies promoting race-based admissions unconstitutional and discriminatory. In March of 2024, Kentucky’s Attorney General issued an opinion stating that higher education diversity, equity, and inclusion practices violate the constitution and the Civil Rights Act of 1964.

Universities have offices and offer services for protected classes and statuses such as veteran’s services center, disability services, and Title IX and Title VI, offices that ensure university compliance with federal civil rights law. Diversity, equity, and inclusion initiatives and mandates on college campus are administrative programs and policies that discriminate against staff and students based on race, religion, color, and national identity and subvert constitutional protections. These programs are often administered by university DEI offices by DEI officers and administrative staff.

A few examples of DEI initiatives and mandates are:

DEI Trainings: DEI trainings require employees or students to focus on issues of culture, race, ethnicity, or sexual orientation. They often discuss systematic biases or power dynamics in society to drive systematic change within the university to address historical discrimination.

Discriminatory Scholarships and Funding: Universities with DEI initiatives offer DEI related scholarships that exclude certain populations of students or require students to offer support of DEI initiatives during the application process.

Diversity Statement: A diversity statement is a document or agreement that must be signed or agreed to as a condition of employment that certifies an individual’s commitment to an organization’s diversity goals.

Recruitment and Hiring Quotas: Hiring quotas are human resource practices where organizations require their hiring or recruitment practices to benefit a specified population or group based on their race, religion, color, or creed.

DEI Offices or Commissions: A DEI Office or Commission is a department within a university that guides the institution’s DEI initiatives.

DEI is not founded in equality; it is founded in discrimination. House Bill 4, which passed the House this week, would prohibit the spending of any money on DEI initiatives and require Kentucky’s public universities to close DEI offices and eliminate all DEI officer positions by June 30, 2025. Additionally, HB 4 would:

Prohibit universities from requiring students or staff to attend a DEI training session or complete an academic course dedicated to the promotion of differential treatment or benefits conferred to individuals on the basis of religion, race, sex, color, or national origin.
Ensure that no one would be required to endorse or condemn a specific political or social viewpoint to be eligible for hiring, contract renewal, tenure, promotion, admission, or graduation.
Require universities and the Council on Postsecondary Education (CPE) to make annual certifications of their compliance with the provisions of HB 4.
Authorize the Attorney General to go to court to require compliance and the Auditor to conduct a periodic compliance audit.
Direct CPE to implement an annual survey/rubric on campus intellectual freedom and viewpoint diversity.

DEI must be ended at our state colleges and universities to promote equal opportunity for all and to return our campuses to a free market of free expression. Every student should have the right to feel welcomed and equal on college campuses, and university administrations should not discriminate against students based on their race, religion, national origin, or any individual immutable characteristic. Kentucky needs HB 4 to align our state with our nation’s constitution and to ensure that postsecondary institutions hold academic achievement up as their mission to better the commonwealth.

Join State Senator Steve Rawlings and myself on March 20 at Florence Baptist Church on 642 Mount Zion Road, Florence from 6:30 p.m. to 8 p.m. We will be giving an update on the 2025 Regular Session and discussing important issues impacting our community. We hope to see you there!