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Legislative Report May 8, 2024
Prepared by: Kia Nishida
Bill Information
CRIMINAL HISTORIES OF JOB APPLICANTS
(BROWN JR., GEORGE)

AN ACT relating to criminal histories of job applicants.

Create a new section of KRS Chapter 344 to prohibit employers from considering or requiring disclosure of prior criminal history as part of the initial job application; provide that the Act may be cited as the Ban the Box - The Criminal Record Employment Discrimination Act.

  CURRENT STATUS

1/3/2024 - Introduced

COMMENTS

LUL supports HB 89. A candidate's qualification should be considered first and without the stigma of a past conviction. KY should embrace the hope and compassion of second chances.

Position

Support

PROFESSIONS AND OCCUPATIONS
(KULKARNI, NIMA)

AN ACT relating to professions and occupations.

Amend KRS 335B.010 to define terms related to licensing and public employment qualifications; amend KRS 335B.020 to narrow the class of offenses to which the chapter applies, to add consideration of the age of the person at the time the crime was committed, the evidence relevant to the circumstances of the crime, and evidence of rehabilitation in making licensure decisions; create a new section of KRS Chapter 335B to prohibit disqualifying individuals from pursing a professional license solely due to conviction that has been sealed or expunged, convictions older than five years unless the conviction falls under an exception, or a finding that the applicant lacks good character; amend KRS 335B.030 to require a hiring or licensing authority that denies an individual a professional license due to a prior conviction of a crime to notify the individual in writing of the specific offense that is the basis of the denial, the reasons the offense was determined to directly relate to the duties and responsibilities of the occupation and posed a reasonable threat to public safety, and that the applicant has a right to submit additional information within 30 days which the licensing authority is required to consider; create new sections of KRS 335B to allow a person with a prior conviction of a crime to request an initial determination regarding whether a prior conviction of crime would disqualify the individual from licensure and require that this initial determination is binding on the hiring or licensing authority; require each hiring or licensing authority to publish information on its website pertaining to applicants with a prior conviction of a crime; require each hiring or licensing authority that is authorized to consider the criminal conviction of an applicant to provide an annual report to the Legislative Research Commission; amend various sections of KRS Chapters 309, 317A, and 327 to conform; EFFECTIVE January 1, 2025.

  CURRENT STATUS

1/3/2024 - Introduced

UNEMPLOYMENT INSURANCE
(KULKARNI, NIMA)

AN ACT relating to unemployment insurance.

Amend KRS 341.370 to prohibit disqualification from benefits for workers unemployed as a result of domestic violence and abuse, dating violence and abuse, sexual assault, or stalking; amend KRS 341.530 to charge benefits to pooled account for workers displaced from employment through domestic or dating violence and abuse, sexual assault, or stalking; amend KRS 341.125 to require the secretary to provide training to personnel who process claims related to domestic or dating violence and abuse, sexual assault, or stalking and to report to the Legislative Research Commission annually the number of claims paid involving domestic or dating violence and abuse, sexual assault, or stalking; amend KRS 341.360 to conform; amend KRS 341.550 to prevent benefit payments from pooled account from impacting an employer's experience rating; and create a new section of KRS Chapter 341 to direct the secretary of the Education and Labor Cabinet to promulgate administrative regulations.

  CURRENT STATUS

1/3/2024 - Introduced

EMPLOYMENT
(CALLAWAY, EMILY)

AN ACT relating to employment.

Create a new section of KRS Chapter 335B.010 to 335B.070 to require hiring and licensing authorities to establish an application process that gives persons convicted of a crime an opportunity to apply for a position of public employment or occupational license before pursuing training; amend KRS 335.020 to add criteria for hiring and licensing authorities to consider when determining if a conviction directly relates to the position of public employment or occupational license sought; amend KRS 335B.030 to require hiring or licensing authorities to request information and allow an applicant a hearing before making a determination of hiring for a position of public employment or granting an occupational license, and provide written findings of fact to the applicant upon determination. House Committee Substitute (1) Retain original provisions, except exclude cities, counties, urban-county governments, charter county governments, consolidated local governments, unified local governments, or any political subdivisions to most requirements of the bill; add a statement of legislative intent. House Floor Amendment (1) Retain original provisions, except include cities, counties, urban-county governments, charter county governments, consolidated local governments, unified local governments, or any political subdivisions of these entities to comply with amended KRS 335.020 which adds criteria for hiring and licensing authorities to consider when determining if a conviction directly relates to the position of public employment sought or the occupation for which the license is sought; restore KRS 335B.030 to original language, except amend to exclude the provision making a conviction for a Class A or B felony, or a felony that would qualify the individual as a registrant pursuant to KRS 17.500, as a rebuttable presumption that a connection exists between a prior conviction and the license being sought; amend the time period for requesting a hearing to ten working days; exclude any branch of state government from the requirements of KRS 335B.030.

  CURRENT STATUS

3/28/2024 - (S) Returned to Committee Senate State & Local Government (S)

COMMENTS

LUL supports HB 124. A prior conviction should exclude a person from occupations that require licensure. The process should be more forgiving and other factors should be considered.

Position

Support

LIVING WAGE
(HERRON, KETURAH)

AN ACT relating to a living wage.

Create a new section of KRS Chapter 337 to require any employer doing business in Kentucky that receives governmental incentives or subsidies to pay its employees a living wage.

  CURRENT STATUS

1/3/2024 - Introduced

COMMENTS

LUL supports this legislation and KY should prioritize living wages for our KY workforce.

Position

Support

KENTUCKY CYBER PROGRAM
(THOMAS, WALKER)

AN ACT relating to the KentuckyCYBER Program and making an appropriation therefor.

Create new sections of KRS Chapter 164 to establish the Kentucky Cybersecurity (KentuckyCYBER) Program and governing board within the Council on Postsecondary Education; establish the purpose and duties of KentuckyCYBER Governing Board; create the KentuckyCYBER fund, APPROPRIATION.

  CURRENT STATUS

1/3/2024 - Introduced

DISCRIMINATORY PRACTICES
(BROWN JR., GEORGE)

AN ACT relating to discriminatory practices against a person.

Amend KRS 344.010 to provide definitions of "protective hairstyle" and "race" that include traits historically associated with race; amend KRS 158.148 to provide that school disciplinary codes shall prohibit discrimination on the basis of race; provide that the Act may be cited as the C.R.O.W.N. Act.

  CURRENT STATUS

1/10/2024 - Introduced

COMMENTS

Louisville Urban League supports HB232, aka the C.R.O.W.N. Act as it prohibits race-based hair discrimination, which is the denial of employment and educational opportunities because of hair texture or protective hairstyles such as braids, locs, twists, or bantu knots. We will support through participating in the CROWN Act Rally on Tuesday, March 12 at 11 am in the Capitol. We are asking our supporters to urge their legislators to support this measure and attend the rally. 

Position

Support

EMPLOYMENT OF MINORS
(PRATT, PHILLIP)

AN ACT relating to employment of minors.

Amend KRS 339.230 to prohibit the department of workplace standards from promulgating regulations on child labor that are more restrictive than those promulgated by the United States Secretary of Labor. House Committee Substitute (1) Delete original provisions; create new sections of KRS 339.200 to 339.450 to specify occupations that are prohibited for children under 18 years of age; specify restrictions on the employment of children under 16 years of age; repeal KRS 339.230, relating to restrictions on employment of children between ages 14 and 18; direct the commissioner of the Department of Workplace Standards to repeal 803 KAR 1:100, an administrative regulation related to child labor.

  CURRENT STATUS

3/27/2024 - floor amendment (5-title) filed

ESTABLISHMENT OF MINIMUM WAGES
(AULL, CHAD)

AN ACT relating to the establishment of minimum wages by local governments.

Amend KRS 65.016 and 337.275 to allow local governments to pass an ordinance setting employees' minimum wages at a rate higher than that found in KRS 337.275 for employers located within that government's jurisdiction.

  CURRENT STATUS

1/18/2024 - Introduced

COMMENTS

Louisville Urban League supports any effort to allow for the increase of minimum wage in the state of Kentucky as a way to ensure that people receive a living wage. We are asking our supporters to encourage their legislators to support HB 297.

Position

Support

OCCUPATIONAL SAFETY AND HEALTH
(GENTRY, ALAN)

AN ACT relating to occupational safety and health.

Repeal KRS 338.062, relating to occupational safety and health standards.

  CURRENT STATUS

1/24/2024 - Introduced

LAW ENFORCEMENT TELECOMMUNICATORS
(WESLEY, BILL)

N ACT relating to law enforcement telecommunicators.

Amend KRS 15.420 to define terms; amend KRS 15.440 and 15.460 to include law enforcement telecommunicators as participants in the Kentucky Law Enforcement Foundation Program ( KLEFP) fund and to make their fund benefits the same as police officers; amend KRS 337.100 to protect law enforcement telecommunicators from workplace retaliation in connection to taking leave under certain circumstances; amend various sections of KRS Chapters 15 67A, 70, 95, and 164 to conform EFFECTIVE August 1, 2024.

  CURRENT STATUS

1/24/2024 - Introduced

LEAVE FROM EMPLOYMENT
(BURKE, LINDSEY)

AN ACT relating to leave from employment.

Amend KRS 337.415 to define terms "crime," "immediate family," and "victim"; prohibit employers from discharging or retaliating against an employee who is a crime victim when the employee takes leave to attend proceedings associated with the prosecution of 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; amend KRS 337.990 to establish penalties for violations by an employer.

  CURRENT STATUS

1/24/2024 - Introduced

WORKERS’ COMPENSATION FOR FIRST RESPONDERS
(BURKE, LINDSEY)

AN ACT relating to workers' compensation for first responders.

Amend KRS 342.0011 to allow "injury" to include psychological injuries for police officers, firefighters, emergency medical services personnel, front-line staff members, or members of the National Guard; create a new section of KRS Chapter 342 to establish when psychological injuries are valid workers' compensation claims when not a direct result of a physical injury physical injury.

  CURRENT STATUS

1/24/2024 - Introduced

KENTUCKY PUBLIC EMPLOYEES DEFERRED COMPENSATION AUTHORITY
(HODGSON, JOHN)

AN ACT relating to the Kentucky Public Employees Deferred Compensation Authority.

Amend KRS 18A.230 to define "self-directed brokerage account" (SDBA); amend KRS 18A.235 to authorize the board of trustees of the Kentucky Public Employees Deferred Compensation Authority (KY Deferred Comp) to purchase fiduciary liability insurance and reimburse its trustees, officers, and employees for legal expenses relating to performance of their duties; amend KRS 18A.245 to authorize KY Deferred Comp to offer SDBAs to its participants, contract with SDBA vendors, and promulgate administrative regulations relating to SDBAs for its participants; require the plans offered by KY Deferred Comp to conform to federal laws and regulations; authorize KY Deferred Comp to promulgate administrative regulations; make technical changes; amend KRS 18A.255 to provide that KY Deferred Comp and its board of trustees are not liable for a participant's investment in a SDBA; codify the fiduciary duties of the board of trustees; exempt the trustees from legal action for monetary damages unless the person bringing the action proves by clear and convincing evidence that a trustee's breach or failure to perform the trustee's fiduciary duty is a willful, wanton, or reckless act; amend KRS 18A.260 to require assets held by KY Deferred Comp to be invested consistent with its statutory authority and to limit investments in a SDBA to securities registered with the United States Securities and Exchange Commission.

  CURRENT STATUS

3/28/2024 - (S) Returned to Committee Senate State & Local Government (S)

PROHIBIT RESIDENCY REQUIREMENTS FOR FIRE DEPARTMENT EMPLOYEES
(TIMONEY, KILLIAN)

AN ACT relating to residency requirements for employees and volunteers of fire departments.

Create new sections of KRS Chapters 67, 67A, 67C, 75, 75A, 95, 183, and 273 to prohibit residency requirements for employees or volunteers of a fire department while allowing a response time requirement in counties, charter county governments, unified local governments, urban-county governments, consolidated local governments, fire districts, consolidated emergency services districts, cities, local air boards, and nonprofit fire departments.

  CURRENT STATUS

2/13/2024 - (H) Referred to Committee House Local Government (H)

LICENSURE OF MILITARY-CONNECTED INDIVIDUALS
(KOCH, MATTHEW)

AN ACT relating to the licensure of military-connected individuals.

Amend KRS 12.245 to include military orders documenting a military assignment transfer to Kentucky as valid proof of military service; ensure occupational licensing compacts in Kentucky take precedence for a United States military service member, Reserves or National Guard member, veteran, or their spouse.

  CURRENT STATUS

4/9/2024 - SIGNED BY GOVERNOR

WAGES
(GROSSBERG, DANIEL)

AN ACT relating to wages.

Amend KRS 337.275 to raise minimum wage for employers to $9.50 an hour on the effective date of this Act and incrementally thereafter to $15.00 an hour on July 1, 2028; raise the state minimum wage for tipped employees to $5.00 an hour on the effective date of this Act.

  CURRENT STATUS

1/30/2024 - Introduced

WAGES AND HOURS
(PRATT, PHILLIP)

AN ACT relating to wages and hours.

Create new sections of KRS Chapter 337 to provide for certain employment activities to be exempt from minimum wage and overtime wage requirements; specify activities and instances that do not require an employer to pay minimum wage or overtime wage; provide for employer requirements regarding lunch periods; amend KRS 337.010 to change the definitions of "employee" and "agriculture"; amend KRS 337.385 to specify instances of employer liability for employee causes of action regarding unpaid wages; specify statute of limitations for employee causes of action for unpaid wages; bar punitive damages; amend KRS 337.990 to remove penalties for repealed statutes; repeal KRS 337.050, 337.355, and 337.365; amend KRS 95A.250, 337.020, 337.420, 337.423, 337.425, 337.427, 337.430, and 337.433 to conform.

  CURRENT STATUS

3/27/2024 - (H) recommitted to committee House Appropriations & Revenue (H)

UNEMPLOYMENT INSURANCE
(BLANTON, JOHN)

AN ACT relating to unemployment insurance.

Amend KRS 341.350 to change the number of verifiable work search activities from five to two and the number of applications for employment or interviewing for employment from three to one.

  CURRENT STATUS

2/13/2024 - Introduced

WAGES FOR EMPLOYMENT
(ROARX, RACHEL)

AN ACT relating to wages for employment.

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, for internal transfers, and for public employee positions; require notice to be posted for employees; amend KRS 337.990 to assess a civil penalty for a violation.

  CURRENT STATUS

2/14/2024 - Introduced

LEAVE FROM EMPLOYMENT
(ROARX, RACHEL)

AN ACT relating to leave from employment.

Amend KRS 337.415, relating to court-ordered appearances by employees, to define terms; 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; amend KRS 337.990 to establish penalties for employer violations.

  CURRENT STATUS

2/14/2024 - Introduced

WAGES
(RAYMOND, JOSIE)

AN ACT relating to wages.

Amend KRS 337.010 to change the definition of "employee" and to add the definition of "worker with a disability"; amend KRS 337.275 to require all employers to pay all employees, including workers with a disability, a minimum wage and increase the state minimum wage over the next three years to no less than 100 percent of the municipality, county, or state minimum wage or the prevailing wage as defined in 29 C.F.R. sec. 1.2; amend KRS 337.295 to remove learners, apprentices, workers with a disability, sheltered workshop employees, and students from regulations issued by the commissioner for the Department of Workplace Standards; amend KRS 205.5605 to exclude referrals to sheltered workshop employment from the definition of "covered services and supports" as of July 1, 2027; amend KRS 154.22-040 to conform; establish that the Act may be cited as the Employees with Disabilities Equal Pay Act.

  CURRENT STATUS

2/15/2024 - Introduced

WAGES
(CHESTER-BURTON, BEVERLY)

AN ACT relating to wages.

Amend KRS 337.010 to increase the applicable threshold of employees of retail stores and service industries from $95,000 to $500,000 average annual gross volume of sales for the employer; amend KRS 337.275 to raise minimum wage of hourly and tipped employees and require adherence to any future federal increase in excess of the new state wage rates; include anti-preemption language permitting local governments to establish minimum wage ordinances in excess of the state minimum wage.

  CURRENT STATUS

2/26/2024 - Introduced

CHILD TAX CREDIT
(ARMSTRONG, CASSIE CHAMBERS )

AN ACT relating to the Kentucky child tax credit.

Create a new section of KRS Chapter 141 to establish a refundable Kentucky child tax credit for taxpayers with qualifying children under the age of six; authorize a maximum credit of $1,000 per qualifying child for individuals with income below $50,000 for single taxpayers and $100,000 for married taxpayers filing jointly; provide that individuals with incomes above the specified thresholds may be eligible for a reduced child tax credit; amend KRS 141.0205 to order the tax credit; amend KRS 131.190 to allow the Department of Revenue to report on the tax credit.

  CURRENT STATUS

1/3/2024 - (S) Referred to Committee Senate Appropriations & Revenue (S)

COMMENTS

Louisville Urban League supports SB 12 as a measure to help alleviate child poverty in the state of Kentucky. This bill would allow for a refundable child tax credit for children under the age of 6 in Kentucky.

Position

Support

WAGES
(THOMAS, REGINALD)

AN ACT relating to wages.

Amend KRS 337.010 to increase the applicable threshold of employees of retail stores and service industries from $95,000 to $500,000 average annual gross volume of sales for the employer; amend KRS 337.275 to incrementally raise minimum wage for employers to $15.00 an hour; include anti-preemption language permitting local governments to establish minimum wage ordinances in excess of the state minimum wage.

  CURRENT STATUS

1/3/2024 - (S) Referred to Committee Senate Appropriations & Revenue (S)

COMMENTS

Louisville Urban League supports any measure to increase minimum wage in Kentucky, alleviating poverty and helping to establish a living wage for Kentucky residents. SB 42 would still allow exceptions for small businesses but would require other employers to incrementally increase wages each year until reaching $15 per hour in 2028.

Position

Support

PAID PARENTAL LEAVE
(MAYS BLEDSOE, AMANDA)

AN ACT relating to paid parental leave.

Create a new section of KRS 18A.005 to 18A.200 to provide an employee of the Commonwealth a paid leave of absence of up to four weeks for the birth, surrogacy, or adoption of a child, or up to two weeks for the placement of a child in foster care or kinship care; establish requirements; amend KRS 18A.025 and 18A.110 to conform. Senate Committee Substitute (1) Retain original provisions, except remove paid parental leave coverage for "surrogacy"; amend the requirements for eligibility and use of paid parental leave.

  CURRENT STATUS

3/14/2024 - House Families & Children (H), (Bill Scheduled for Hearing)

BARBERS AND COSMETOLOGISTS
(HARPER ANGEL, DENISE)

AN ACT relating to barbers and cosmetologists.

Amend KRS 317.450 to require all licensed barbers receive up to one hour of domestic violence training as a condition of licensure and at no cost to the applicant or licensee; require the board to make training available online; provide civil and criminal immunity; amend KRS 317A.050 to require all persons licensed under the Board of Cosmetology to receive up to one hour of domestic violence training as a condition of licensure and at no cost to the applicant or licensee; require board to make training available online; provide civil and criminal immunity.

  CURRENT STATUS

1/31/2024 - (S) Referred to Committee Senate Licensing & Occupations (S)

COMMENTS

Everyone should be an ally in the fight against domestic violence in all its forms. LUL supports the measure to invest in free training and education for this sector of professionals.

BUILDING TRADE PROFESSIONS
(FUNKE FROMMEYER, SHELLEY)

AN ACT relating to building trade professions.

Create new section of KRS Chapter 198B to allow articulation agreements between licensed proprietary schools and public school districts or state area technology centers to establish academic or training equivalencies needed to obtain licensure; require the Department of Housing, Buildings and Construction to recognize and honor the articulation agreements toward licensure in the professions regulated by the department, including electricians, plumbers, and HVAC.

  CURRENT STATUS

3/29/2024 - SIGNED BY GOVERNOR

COMMENTS

The LUL supports Senate Bill 164 and any efforts that help remove barriers to the increase in trade professionals. The increase of trade professionals will help grow our economy.