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Legislative Report April 19, 2024
Prepared by: Maresa Fawns
Bill Information
WAGE THEFT
(MCCOOL, BOBBY)

Create a new section of Chapter 514 to create the offense of theft of wages and establish penalties; define employer and employee; amend KRS 336.080 to indicate the secretary may enter places of employment without unreasonable delay to inspect a place of employment; amend KRS 337.020 to allow the commissioner to charge and collect past due wages; amend KRS 337.070 to require certain employers to include rate of pay, the number of hours worked, and the total amount of gross pay earned on wage statements provided to employees; amend KRS 337.320 to require employers to keep record for three years of the name, address, and occupation of each employee, the rate of pay and amount paid to each employee, a list of personnel policies provided to the employees, and a copy of the wage statement provided to each employee; create a new section of Chapter 337 to require employers to provide to an employee a written notice at the time of hire that sets forth the rate and method of pay, the employees employment status, accruals of time, deductions that may be made from pay, and the name and address of the employer, and require the employer to keep a copy of the notice signed by the employee; amend KRS 337.990 to include a civil penalty for failure to provide the written notice to employee and maintain a copy of the signed notice.

  RECENT STATUS

3/6/2020 - posting withdrawn

3/6/2020 - Committee Posting Withdrawn

1/17/2020 - (H) posted in committee House Judiciary (H)

WAGES FOR EMPLOYMENT
(WESTROM, SUSAN)

Create a new section of KRS Chapter 337 to make it a discriminatory employment action if an employer asks questions about previous salary or wages, relies on previous salary when setting a new salary, or refuses to hire if an applicant does not provide previous salary, except to allow a request for information voluntarily provided in response to an offer of employment; allow previous salary to be considered when required by law, when discovered while looking at other nonsalary information, and for public employee positions; require notice to be posted for employees; amend KRS 337.990 to assess a civil penalty for a violation.

  RECENT STATUS

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

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

11/18/2019 - Pre-Filed

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)

CIVIL RIGHTS
(MARZIAN, MARY LOU)

Amend KRS 344.010 to include definitions for "sexual orientation" and "gender identity"; amend KRS 344.020, relating to the purpose of the Kentucky's civil rights chapter, to include a prohibition against discrimination because of sexual orientation and gender identity; amend KRS 344.025, 344.040, 344.050, 344.060, 344.070, and 344.080, relating to prohibited discrimination in various labor and employment practices, to include sexual orientation and gender identity; amend KRS 344.100 and 344.110 to conform; amend KRS 344.120 and 342.140, relating to prohibited discrimination in places of public accommodation and advertisements therefor, to include sexual orientation and gender identity; amend KRS 344.170, 344.180, 344.190, 344.300, and 344.310, relating to the state and local human rights commissions, to include prohibition of discrimination on the basis of sexual orientation and gender identity in the scope of their powers and duties; amend KRS 344.360, 344.370, 344.380, and 344.680, relating to prohibited discrimination in certain housing, real estate, and other financial transactions, to include sexual orientation and gender identity; amend KRS 344.367, relating to prohibited discrimination in certain insurance sales, to include sexual orientation and gender identity; amend KRS 344.400, relating to prohibited discrimination in certain credit transactions, to include sexual orientation and gender identity; make various technical amendments; amend KRS 18A.095 to conform.

  RECENT STATUS

1/13/2020 - (H) Referred to Committee House Economic Development & Workforce Investment (H)

1/9/2020 - Introduced

DISCRIMINATORY PRACTICES
(MEEKS, REGINALD)

Amend KRS 344.010 to provide definitions of "protective hairstyle" and "race" that include traits historically associated with race.

  RECENT STATUS

1/13/2020 - (H) Referred to Committee House Economic Development & Workforce Investment (H)

1/9/2020 - 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

LEAVE FROM EMPLOYMENT
(CANTRELL, MCKENZIE)

Amend KRS 337.415, relating to court-ordered appearances by employees, to prohibit employers from discharging or retaliating against an employee who is a crime victim when the employee takes leave to attend proceedings associated with a crime; require an employee to give an employer reasonable notice to take leave when practicable; provide guidelines for use of paid leave; require the employer to maintain confidentiality of records and communication with employee crime victim; create a private right of action for improper discharge, discrimination, retaliation, and failing to maintain confidentiality; define terms; amend KRS 337.990 to establish penalties in the case of violation by employer.

  RECENT STATUS

1/29/2020 - (H) Referred to Committee House Economic Development & Workforce Investment (H)

1/27/2020 - Introduced

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

ADOPTION LEAVE
(HEAVRIN, SAMARA)

Amend KRS 337.015 to require employers provide the same leave policies to adoptive parents as they provide to birth parents; change the applicable age of an adoptive child from seven to ten; create an exemption for specified categories of adoption.

  RECENT STATUS

4/15/2020 - (S) recommitted to committee Senate Economic Development, Tourism, and Labor (S)

3/18/2020 - (S) SECOND READING, to Rules

3/17/2020 - floor amendment (1) filed

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

HUMAN RIGHTS COMMISSION
(TATE, NANCY)

Specify that the Governor has no authority to change the organization of the Human Rights Commission by executive order or action.

  RECENT STATUS

3/9/2020 - (H) recommitted to committee House State Government (H)

3/3/2020 - (H) SECOND READING, to Rules

3/2/2020 - (H) FIRST READING to Regular Calendar

CIVIL RIGHTS
(MINTER, PATTI)

Amend 344.450 to allow parties to recover punitive damages.

  RECENT STATUS

2/27/2020 - (H) Referred to Committee House Judiciary (H)

2/25/2020 - 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

WAGE PAYMENT
(FUGATE, CHRIS)

Create a new section of KRS Chapter 514 to create the offense of theft of wages and establish penalties; define "employer," "employee," and "wages"; amend KRS 336.080 to indicate the secretary may enter places of employment without unreasonable delay to inspect a place of employment; amend KRS 337.020 to allow the commissioner to charge and collect past due wages; amend KRS 337.070 to require certain employers to include rate of pay, the number of hours worked, and the total amount of gross pay earned on wage statements provided to employees; amend KRS 337.200 to create an additional wage payment bond requirement for employers engaged in the severance, preparation, or transportation of minerals; amend KRS 337.295 to include reference to wage payment bonds; create a new section of KRS Chapter 337 to provide a cause of action for unpaid wages due; amend KRS 337.320 to require employers to keep record for three years of the name, address, and occupation of each employee, the rate of pay and amount paid to each employee, a list of personnel policies provided to the employees, and a copy of the wage statement provided to each employee; create a new section of Chapter 337 to require employers to provide to an employee a written notice at the time of hire that sets forth the rate and method of pay, the employees employment status, accruals of time, deductions that may be made from pay, and the name and address of the employer; require the employer to keep a copy of the notice signed by the employee; amend KRS 337.990 to include a civil penalty for failure to provide the written notice to employee and maintain a copy of the signed notice; amend KRS 337.994 to require the commissioner of the Department of Workplace Standards to conduct investigations to verify compliance with wage payment bond requirements; to create a civil penalty for violations of the wage payment bond provisions.

  RECENT STATUS

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

DRUG FREE WORKPLACES
(CLARK, PERRY B.)

Create a new section of KRS Chapter 336 to provide definitions and to require public employers to have an appeals process for an employee who violates a drug-free policy using legal industrial products; amend KRS 18A.043 to require an appeals process for those public employers who require drug testing; amend KRS 304.13-167 to require Section 2 be complied with by public employers and suggested for private employers.

  RECENT STATUS

1/21/2020 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

1/16/2020 - Introduced

EMPLOYMENT DISCRIMINATION
(SCHICKEL, JOHN)

Amend KRS 344.040 to remove protections against employment discrimination based on an individual's status as a smoker or nonsmoker.

  RECENT STATUS

1/21/2020 - (S) Referred to Committee Senate Judiciary (S)

1/17/2020 - Introduced

APPLICATION OF VIRGINIA LAW IN KENTUCKY
(SCHRODER, WIL)

Repeal Section 233 of the Constitution of Kentucky relating to the application of Virginia law in Kentucky.

  RECENT STATUS

3/17/2020 - (H) posted in committee House Elections, Const. Amendments & Intergovernmental Affairs (H)

3/12/2020 - (H) Referred to Committee House Elections, Const. Amendments & Intergovernmental Affairs (H)

3/10/2020 - received in House

EMPLOYMENT PROTECTIONS
(MCGARVEY, MORGAN)

Amend KRS 337.420 to make an employer only have to have one employee to be subject to the wage discrimination requirements; amend KRS 337.423 to require no wage discrimination for what has been paid to current or past employees and prohibit an employer from discriminating against an employee for discussing wages.

  RECENT STATUS

2/7/2020 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

2/5/2020 - 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

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