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Legislative Report April 23, 2024
Prepared by: Maresa Fawns
Bill Information
PROFESSIONAL EMPLOYER ORGANIZATIONS
(PRUNTY, MELINDA GIBBONS)

Create new sections of KRS Chapter 336 to declare that professional employer organizations provide a valuable service to commerce and should be properly recognized and regulated; define "client," "co-employer," "co-employment relationship," "covered employee," "professional employer organization group," "person," "professional employer agreement," "professional employer organization," "professional employer services," "registrant," and "temporary help service"; indicate that covered employees shall be deemed employees of the client for purposes of determining tax credits or economic incentives; require a person providing professional employer services to be registered and to set forth the registration requirements; require professional employer organizations to pay a registration fee; require a professional employer organization to either maintain positive working capital or provide a bond, letter of credit, or security; set forth the rights and responsibilities of parties to a co-employment agreement; set forth the health insurance obligations of professional employer organizations; set forth the workers' compensation requirements of professional employer organizations and the client; set forth the unemployment insurance obligations of the professional employer organization and the client; prohibit a person from knowingly providing professional employer services without becoming registered and set forth actions that may be taken by the Labor Cabinet against any person in violation; amend KRS 336.990 to provide a civil penalty; amend the definition of "premium" in KRS 342.0011 to include co-employment relationships with a professional employer organization; amend KRS 342.990 to delete references to KRS 342.615; repeal KRS 342.615; state that the provisions of this Act are severable.

  RECENT STATUS

2/4/2020 - (H) recommitted to committee House Small Business & Information Technology (H)

1/17/2020 - (H) SECOND READING, to Rules

1/16/2020 - (H) Reported Favorably w/ HCS 1

WORKERS COMPENSATION
(HATTON, ANGIE)

Amend KRS 342.315 to eliminate the requirement that physicians contracting with the commissioner to perform evaluations in occupational disease claims be "B" readers who are licensed in Kentucky and are board-certified pulmonary specialists; amend KRS 342.316 to allow the commissioner to select a physician or medical facility for referral in occupational disease claims and eliminate the requirement that such physicians be "B" readers who are licensed in Kentucky and are board-certified pulmonary specialists; amend KRS 342.794 to delete the definition of "board-certified pulmonary specialist" and eliminate the requirement that physicians on the list of qualified "B" readers maintained by the commissioner include only those licensed in Kentucky and board-certified pulmonary

  RECENT STATUS

1/16/2020 - (H) WITHDRAWN

1/7/2020 - (H) Referred to Committee House Economic Development & Workforce Investment (H)

1/7/2020 - Introduced (Pre-Filed)

DIRECT SELLERS
(PRATT, PHILLIP)

Amend KRS 337.010 to exclude direct sellers from the definition of employee in regards to payment of wages; amend KRS 342.650 to exempt direct sellers from coverage in regards to workers' compensation; amend KRS 341.055 to exclude direct sellers from "covered employment" in regards to unemployment compensation.

  RECENT STATUS

2/11/2020 - SIGNED BY GOVERNOR

2/3/2020 - delivered to Governor

2/3/2020 - Enrolled, Signed by President of the Senate

PAY FOR JURY SERVICE
(MCCOOL, BOBBY)

Amend KRS 29A.170 to increase payment for jurors from five dollars to thirty dollars per day.

  RECENT STATUS

2/24/2020 - posting withdrawn

1/24/2020 - (H) posted in committee House Judiciary (H)

1/9/2020 - (H) Referred to Committee House Judiciary (H)

WORKERS COMPENSATION
(TACKETT LAFERTY, ASHLEY)

Amend KRS 342.020 to require an employer to pay for medical benefits at the time of injury and thereafter during disability instead of 780 weeks; amend KRS 342.990 to conform.

  RECENT STATUS

1/10/2020 - (H) Referred to Committee House BR Sub. on Econ. Dev., Public Pro., Tour., and Energy (H)

1/8/2020 - Introduced

WORKERS' COMPENSATION
(HATTON, ANGIE)

Amend KRS 342.315 to eliminate the requirement that physicians contracting with the commissioner of the Department of Workers' Claims to perform evaluations in occupational disease claims be "B" readers who are licensed in Kentucky and are board-certified pulmonary specialists; amend KRS 342.316 to allow the commissioner to select a physician or medical facility for referral in occupational disease claims and eliminate the requirement that such physicians be "B" readers who are licensed in Kentucky and are board-certified pulmonary specialists; amend KRS 342.794 to delete the definition of "board-certified pulmonary specialist" and eliminate the requirement that physicians on the list of qualified "B" readers maintained by the commissioner include only those licensed in Kentucky and board-certified pulmonary specialists.

  RECENT STATUS

1/14/2020 - (H) Referred to Committee House Economic Development & Workforce Investment (H)

1/10/2020 - Introduced

JURY SERVICE FOR CAREGIVERS
(HINKLE, KATHY)

Amend KRS 29A.100 to allow individuals to be excused from jury service if they 70 years of age or older and request to be excused from jury service.

  RECENT STATUS

1/21/2020 - (H) Referred to Committee House Judiciary (H)

1/16/2020 - Introduced

SUPREME COURT DISTRICTS
(MASSEY, C. ED)

Propose to amend Sections 110, 111, 117, 119, and 122 of the Constitution of Kentucky to provide that the Supreme Court districts shall be the same in number and follow the same boundaries as the Congressional districts apportioned to the state; provide that the Chief Justice shall be elected on a statewide basis and shall serve in addition to a Justice elected from each Supreme Court district; provide that Justices of the Supreme Court representing the Supreme Court districts shall be residents of the district from which they seek the office but shall be elected on a statewide basis; provide transition language; provide ballot language; submit to voters for ratification or rejection.

  RECENT STATUS

3/12/2020 - House Elections, Const. Amendments & Intergovernmental Affairs (H), (Bill Scheduled for Hearing)

3/6/2020 - (H) Returned to Committee House Elections, Const. Amendments & Intergovernmental Affairs (H)

3/6/2020 - (H) FIRST READING

COURT COSTS
(BLANTON, JOHN)

Create a new section of KRS Chapter 17 to establish the Department of Kentucky State Police forensic laboratory fund; amend KRS 23A.205 and 24A.175 to increase court costs to $110, currently $100; amend KRS 42.320 to require the Finance and Administration Cabinet to transfer the first $10 of each court cost to the Department of Kentucky State Police forensic laboratory fund; amend KRS 49.480 and 64.092, to conform; amend KRS 186.574 to increase the fee required by each participant in a county attorney-operated traffic safety program to $40, currently $30, and require the Finance and Administration Cabinet to transfer the first $10 of the fee to the Department of Kentucky State Police forensic laboratory fund; amend KRS 211.504 and 441.685 to conform; APPROPRIATION.

  RECENT STATUS

2/5/2020 - (H) Referred to Committee House Appropriations & Revenue (H)

2/3/2020 - Introduced

CLASSIFICATION OF WORKERS IN THE CONSTRUCTION INDUSTRY
(NEMES, JASON)

Create new sections of KRS Chapter 337 to provide definitions; set forth determination of misclassified workers; set forth investigation process and violations; establish court remedies; require notice by an employer; grant the commissioner of the Department of Workplace Standards authority to promulgate administrative regulations; require agencies to share the information of a misclassifying employer to other interested state agencies; amend KRS 337.990 to establish penalties for violations; amend KRS 45A.145 to prohibit contractors with multiple violations from contracting with the state for five years; amend KRS 131.190 to require the Department of Revenue to provide copies of orders to three other state agencies; create a new section of KRS Chapter 341 to require the Office of Unemployment Insurance to provide copies of orders to three other state agencies; create a new section of KRS Chapter 342 to require the commissioner of the Department of Workers' Claims to provide copies to three other state agencies; state that certain sections of the bill may be cited as the Kentucky Workers Fairness Act; Sections 1 to 13, 15, and 16 EFFECTIVE January 1, 2021.

  RECENT STATUS

3/26/2020 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

3/19/2020 - (H) THIRD READING, passed 70-14 with Committee Substitute (1) and committee amendment (1-title)

3/19/2020 - received in Senate

TERMS OF CONSTITUTIONAL OFFICERS
(NEMES, JASON)

Propose to amend Sections 97, 99, 119, and 122 of the Constitution of Kentucky to increase the term of office for Circuit Court Clerks and Commonwealth's Attorneys from six years to eight years beginning in 2024; increase the term of office for county attorneys and district judges from four years to eight years beginning in 2022; increase the requirement of being a licensed attorney from two years to eight years for district judges beginning in 2022; exempt any person serving as a District Judge on the effective date of the Act from the eight-year licensure requirement; provide ballot language; submit to voters for ratification or rejection.

  RECENT STATUS

4/15/2020 - delivered to Secretary of State

4/15/2020 - Enrolled, Signed by President of the Senate

4/15/2020 - Enrolled, Signed by Speaker of the House

OUTSTANDING LIABILITIES FUNDED THROUGH ASSESSMENTS UPON INSURANCE PREMIUMS
(ROWLAND, BART)

Amend KRS 342.120 to require the Division of Workers' Compensation Funds to engage in a program to resolve outstanding indemnity liabilities through lump-sum payments beginning January 1, 2021; amend KRS 342.122 to set the special fund assessment rate at no less than 6.29 percent; to cap funding for financing the expenditures for certain programs in the Labor Cabinet; and to reduce the assessment rate to 1 percent for funding the Labor Cabinet through the provisions of KRS 342.122 once the special fund balance has reached a balance sufficient to produce enough revenue to amortize the remaining claims and fund the operations of the Kentucky Workers' Compensation Funding Commission; amend KRS 342.1223 to require the Kentucky Workers' Compensation Funding Commission to produce and submit a biennial financial audit and management review to the Interim Joint Committee on Appropriations and Revenue by December 31 of odd-numbered years; amend KRS 342.1224 to change the membership of the Kentucky Workers' Compensation Funding Commission.

  RECENT STATUS

2/24/2020 - (H) posted in committee House Economic Development & Workforce Investment (H)

2/21/2020 - (H) Referred to Committee House Economic Development & Workforce Investment (H)

2/19/2020 - Introduced

JUDICIARY
(MASSEY, C. ED)

Amend KRS 21A.010, 21A.020, 22A.010 to provide that the number and boundaries of the Supreme Court districts shall be the same as the number and boundaries of Congressional districts apportioned to the state, and for the election of Supreme Court Justices, including the Chief Justice, on a statewide, nonpartisan basis; amend KRS 118A. 020, 118A.060, and 118A.090 to conform; EFFECTIVE November 3, 2020, only if voters ratify a proposed constitutional amendment providing for changes related to Supreme Court districts.

  RECENT STATUS

3/12/2020 - House Elections, Const. Amendments & Intergovernmental Affairs (H), (Bill Scheduled for Hearing)

3/6/2020 - (H) Returned to Committee House Elections, Const. Amendments & Intergovernmental Affairs (H)

3/6/2020 - (H) FIRST READING

CIVIL ACTIONS AND CONSTITUTIONAL CHALLENGES
(MASSEY, C. ED)

Create a new section of KRS Chapter 452 to set the venue for constitutional challenges to statutes, executive orders, and regulations; establish procedures for selecting a panel of three Circuit Judges to hear challenges, establish three districts from which panel judges can be drawn.

  RECENT STATUS

3/4/2020 - (H) Referred to Committee House Judiciary (H)

3/2/2020 - Introduced

OCCUPATIONAL DISEASE CLAIMS
(TACKETT LAFERTY, ASHLEY)

Amend KRS 342.125 to remove the requirement that an affected employee previously diagnosed with occupational pneumoconiosis resulting from exposure to coal dust must have an additional two years of employment in the Commonwealth wherein the employee was continuously exposed to the hazards of the disease in order to reopen a claim.

  RECENT STATUS

3/4/2020 - (H) Referred to Committee House Economic Development & Workforce Investment (H)

3/2/2020 - Introduced

MISCLASSIFICATION OF EMPLOYEES IN THE CONSTRUCTION INDUSTRY
(BRANHAM CLARK, TERRI)

Create new sections of KRS Chapter 337 to set forth legislative findings and declarations behind employee misclassification problems; provide definitions; set forth determination of misclassified workers; set forth investigation process and violations; establish court remedies; require notice by an employer; grant commissioner authority to promulgate administrative regulations; require agencies to share the information of a misclassifying employer to other interested state agencies; amend KRS 337.990 to establish penalties for violations; amend KRS 45A.485 to prohibit contractors with multiple violations from contracting with the state for two years; amend KRS 131.190 to require the Department of Revenue to provide copies to three other state agencies; create a new section of KRS Chapter 341 to require the Office of Employment and Training to provide copies of orders to three other state agencies; create a new section of KRS Chapter 342 to require the commissioner to provide copies to three other state agencies.

  RECENT STATUS

3/4/2020 - (H) Referred to Committee House Economic Development & Workforce Investment (H)

3/2/2020 - Introduced

ELECTIONS
(MEADE, DAVID)

Amend KRS 118A.060 and 118A.100 to remove provisions that judicial elections shall be conducted on a nonpartisan basis; provide that elections for an office of the Court of Justice shall be conducted in accordance with KRS Chapter 118; repeal KRS 118A.090, 118A.150, and 118A.190; Effective November 3, 2020, only if voters ratify a proposed constitutional amendment providing for the partisan election of justices and judges.

  RECENT STATUS

3/6/2020 - (H) Returned to Committee House Elections, Const. Amendments & Intergovernmental Affairs (H)

3/6/2020 - (H) FIRST READING

3/6/2020 - (H) Taken From Committee H - Elections, Const. Amendments & Intergovernmental Affairs (H)

WORKERS' COMPENSATION FUNDING COMMISSION
(CARROLL, DANNY)

Amend KRS 12.020, 336.020, and 342.1243 to remove the Division of Workers' Compensation Funds; amend KRS 342.120 and 342.265 to replace the Division of Workers' Compensation Funds with the Kentucky Workers' Compensation Funding Commission; amend KRS 342.1223 to allow the commission to administer the fund; amend KRS 342.232 to replace the director of the Division of Workers' Compensation Funds and to make reports annual; amend KRS 342.760 to move the uninsured employers' fund to the Kentucky Workers' Compensation Funding Commission; replace the secretary of the Labor Cabinet with the board of directors of the commission; remove the Labor Cabinet from this section; amend KRS 342.765 to replace the secretary with board of directors; replace the reference to the Interim Joint Committee on Labor and Industry with the Interim Joint Committee on Economic Development and Workforce Investment; amend KRS 393.082 to replace the Labor Cabinet with the Kentucky Workers' Compensation Funding Commission; amend KRS 342.0015 to conform.

  RECENT STATUS

1/16/2020 - (S) WITHDRAWN

1/8/2020 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

1/7/2020 - Introduced (Pre-Filed)

WORKERS' COMPENSATION FOR EMERGENCY PERSONNEL
(WHEELER, PHILLIP)

Amend KRS 342.140 to add that income benefits for volunteer firemen, police, and emergency management agency members or trainees may be based on fifty percent (50%) of the state average weekly wage if that is greater than the average weekly wage of their regular employment.

  RECENT STATUS

2/5/2020 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

2/4/2020 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

2/3/2020 - Introduced

STATE OF EMERGENCY IN RESPONSE TO COVID-19
(ALVARADO, RALPH)

Amend KRS 304.17A-005 to define terms; create new sections of Subtitle 17A of KRS Chapter 304 to require the commissioner of insurance to establish a database of billed health care service charges; require an insurer to reimburse for unanticipated out-of-network care; prohibit balance billing from a provider who has been reimbursed as required; provide for an independent dispute resolution program to review reimbursements provided for unanticipated out-of-network care; allow unregulated health plans to opt-in to requirements; require insurers to provide certain notices in an explanation of benefits; amend KRS 304.17A-254 and 304.17A-505 to require certain disclosures; create a new section of KRS Chapter 365 to allow the Attorney General to enjoin persons violating Section 3; amend KRS 18A.225 to require the state employee health plan to comply with Sections 3 and 4 of the Act; amend KRS 304.17A-0954, 304.17A-096, 304.17A-500, 304.17A-580, 304.17A-649, 304.17B-001, 304.17B-015, 304.17B-033, 304.17C-010, 304.18-114, 304.38A-010, and 304.39-241 to conform; repeal KRS 304.17A-640; EFFECTIVE January 1, 2021.

  RECENT STATUS

3/30/2020 - SIGNED BY GOVERNOR

3/26/2020 - delivered to Governor

3/26/2020 - Enrolled, Signed by Speaker of the House

REVISER OF STATUTES
(SCHRODER, WIL)

Amend KRS 7.136 to allow the reviser of statutes to edit any section or parts of sections of the Kentucky Revised Statutes that have been declared unconstitutional, void, or otherwise unlawful and unenforceable by a state or federal appellate court; EMERGENCY.

  RECENT STATUS

2/14/2020 - (S) Referred to Committee Senate State & Local Government (S)

2/12/2020 - Introduced

EMPLOYMENT AND SUBSTANCE USE DISORDER TREATMENT
(CASTLEN, MATT)

Create a new section of KRS Chapter 222 to encourage employment of workers who participate in employer-sponsored substance use disorder treatment.

  RECENT STATUS

3/19/2020 - received in House

3/18/2020 - (S) THIRD READING passed 31-0 with Committee Substitute (1), floor amendment (4)

3/18/2020 - floor amendments (1), (2), and (3) withdrawn

ALCOHOL AND DRUG COUNSELORS
(ADAMS, JULIE RAQUE)

Amend KRS 309.080 to add definitions of certified alcohol and drug counselor assistant I and II; create new sections of KRS 309.080 to 309.089 to establish requirements for certification of alcohol and drug couselor assistant I and II; amend KRS 309.083 to change required hours of experience for certified alcohol and drug counselors to 600 hours under supervision; permit registration as an alcohol and drug peer support specialist to substitute for required classroom hours; amend KRS 309.831 to reduce required hours of experience and education, and reduce required time in recovery from two to one year; amend KRS 309.805, 309.8013, and 309.088 to conform.

  RECENT STATUS

4/24/2020 - SIGNED BY GOVERNOR

4/14/2020 - delivered to Governor

4/14/2020 - Enrolled, Signed by Speaker of the House

WORKERS' COMPENSATION
(WHEELER, PHILLIP)

Amend KRS 342.315 to eliminate the requirement that physicians contracting with the commissioner of the Department of Workers' Claims to perform evaluations in occupational disease claims be "B" readers who are licensed in Kentucky and are board-certified pulmonary specialists; amend KRS 342.316 to allow the commissioner to select a physician or medical facility for referral in occupational disease claims and eliminate the requirement that such physicians be "B" readers who are licensed in Kentucky and are board-certified pulmonary specialists; amend KRS 342.794 to delete the definition of "board-certified pulmonary specialist" and eliminate the requirement that physicians on the list of qualified "B" readers maintained by the commissioner include only those licensed in Kentucky and board-certified pulmonary specialists.

  RECENT STATUS

2/27/2020 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

2/25/2020 - Introduced

COAL WORKER' PNEUMOCONIOSIS FUND
(WHEELER, PHILLIP)

Amend KRS 342.1242 and 342.1243 to set forth the process to refund excess assessments to coal employers.

  RECENT STATUS

4/24/2020 - SIGNED BY GOVERNOR

4/15/2020 - delivered to Governor

4/15/2020 - Enrolled, Signed by Speaker of the House

TERMS OF CONSTITUTIONAL OFFICERS
(MCGARVEY, MORGAN)

Propose to amend Sections 97, 99, 119, and 122 of the Constitution of Kentucky to increase the term of office for Commonwealth Attorneys from 6 years to 8 years beginning in 2030; to increase the terms of judges of the District Court from 4 years to 8 years beginning in 2030; and to increase the requirement of being a license attorney from 2 years to 8 years for District Court judges beginning in 2022; provide ballot language; submit to voters for ratification or rejection.

  RECENT STATUS

3/6/2020 - (S) Referred to Committee Senate State & Local Government (S)

3/4/2020 - Introduced

OFFICIAL DOCUMENTS
(MCGARVEY, MORGAN)

Make technical corrections and conforming amendments to various sections of KRS Chapter 423 regarding notaries, electronic and online notarizations, and certificates of notarization; repeal KRS 423.110. 423.130, 423.140. 423.150, 423.160, 423.170, 423.180, and 423.190.

  RECENT STATUS

3/6/2020 - (S) Referred to Committee Senate Judiciary (S)

3/4/2020 - Introduced