AN ACT relating to reopening the economy in the Commonwealth of Kentucky in response to the state of emergency declared by the Governor of Kentucky beginning in March 2020 and continuing throughout the year of 2021 and declaring an emergency.

Provide relief to businesses and individuals during the COVID-19 state of emergency; provide guidelines for opening of businesses and schools; suspend interest on unpaid unemployment insurance contributions and provide guidelines for noncustodial parental visitation during the COVID-19 state of emergency; provide guidelines for visitation at long-term care facilities during the COVID-19 state of emergency; retroactive to March 6, 2020; EMERGENCY.
House Committee Substitute (1) Retain original provisions except make technical changes; amend to include school districts in addition to schools and local governments to the entities impacted; and reference long-term care facilities as defined in KRS 216A.010; EMERGENCY.
House Floor Amendment (1) Amend to make technical changes; to expand potential care visitors; to allow a plan to be prepared by a local or state agency; to delete requirement plan be submitted to health department; to delete retroactivity provision; to provide that allowing visitors is discretionary with the facility; EMERGENCY.
House Floor Amendment (3) Amend to remove references to churches and religious institutions in (1) of Section 1; EMERGENCY.
Senate Committee Substitute (1) Retain original provisions, except make technical changes; provide that business opening plans shall meet or exceed the least restrictive of those issued by the Centers for Disease Control and Prevention or the executive branch; EMERGENCY.

  CURRENT STATUS

2/2/2021 - delivered to Secretary of State (Acts Ch. 3)

AN ACT relating to the Advisory Council for Recovery Ready Communities.

Create a new section of KRS Chapter 222 to establish the Advisory Council for Recovery Ready Communities; establish membership and duties of the council; allow for the promulgation of administrative regulations.
House Committee Substitute (1) Retain original provisions; expand the membership of the Advisory Council for Recovery Ready Communities.
House Floor Amendment (1) Expand the membership of the Advisory Council for Recovery Ready Communities by two additional members.
Senate Committee Substitute (1) Retain original provisions except delete definition of "department" and add definition of "office;" extend time period for requests for waivers to 30 days, delete provisions regarding use of CARES Act funds; require the Office of Unemployment Insurance to provide to the Attorney General any records requested to investigate fraud; make technical changes; APPROPRIATIONS.

  CURRENT STATUS

3/23/2021 - SIGNED BY GOVERNOR; (Acts Ch. 77)

AN ACT relating to retirement and declaring an emergency.

Create separate retirement benefit, disability benefit, retiree health benefit, and other benefit statutes for the County Employees Retirement System (CERS) apart from the Kentucky Retirement Systems (KRS) as provided in intent language of HB 484 during the 2020 Regular Session; amend KRS 16.505 and 61.510 to amend definition of "retirement office," make conforming amendments, and remove language that was voided due to a court ruling; amend KRS 78.635 to include changes from SB 249 from the 2020 Regular Session regarding amortization of unfunded liabilities that were not included in HB 484; amend KRS 61.645 and 78.782 to provide that appointments by the Governor to the KRS or CERS board shall be made at least 30 days prior to the seat becoming vacant and to provide that each board may request that specific items be included in overall KPPA adm. budget; repeal, reenact, and amend KRS 61.5955 to remove language that was voided due to a court ruling and restore prior statute language and to conform to a recent private letter ruling from the federal government regarding this section; repeal, reenact, and amend KRS 61.552 regarding service purchase statute to clean up provisions and to add service purchase provisions from other statutes that are being repealed in the bill; repeal, reenact, and amend KRS 61.702 to separate CERS from KRS retiree health benefit provisions that are now included in a new section of the bill and to clean up provisions; amend KRS 16.642, 61.650, 61.701, and 78.790 to allow KRS and CERS to use the existing registration of assets in order to avoid additional expenses and make conforming and technical amendments; amend KRS 61.505 that creates the Kentucky Public Pensions Authority (KPPA) to allow the KPPA to file adm. regulations, allow the KPPA to hire a chief investment officer and deputy chief investment officer outside of the KRS Chapter 18A requirements, and require the KPPA to submit a budget for approval during the biennial budgeting process; amend numerous statutes to make technical, clarifying, and conforming amendments and to remove language voided due to a court ruling; repeal KRS 61.5956 since the statute was voided due to a court ruling; repeal KRS 61.555 and 61.5525 since these provisions are now included in KRS 61.552 in the bill; specify that no provision of this Act shall increase or decrease benefits; specify that no provision of this Act shall limit the General Assembly’s authority held prior to the Act; provide that the CERS board created by HB 484 may meet but not take action prior to April 1, 2021; provide that current KRS Executive Director shall serve as the KPPA Executive Director until a permanent replacement is determined; EMERGENCY.
House Floor Amendment (1) Retain original provisions except to: provide that the chief executive officer of the Kentucky Retirement Systems (KRS) board and the chief executive officer of the County Employees Retirement System (CERS) board may call a special meeting of their respective board rather than the executive director of the Kentucky Public Pensions Authority (KPPA); provide that an additional function of the KPPA is to provide contract management for administrative services; and to make technical and conforming amendments.

  CURRENT STATUS

3/24/2021 - SIGNED BY GOVERNOR; (Acts Ch. 102)

AN ACT relating to the limitation of liability during the COVID-19 pandemic and declaring an emergency.

Create a new section of KRS Chapter 411 to define "person"; to provide a defense to civil liability to a person who acts in good faith while operating a business during a state of emergency for ordinary negligence for a personal injury resulting from alleged or actual exposure to COVID-19 provided the person acts as an ordinary, reasonable, and prudent person would act under similar circumstances; create a new section of KRS Chapter 411 to provide that a public school official's decision to open or close a school is discretionary for purposes of determining qualified immunity; apply section retroactively; EMERGENCY.
House Committee Substitute (1) Retain the original provisions except for technical changes to the definition of "person" to add "charity or nonprofit organization"; change "Kentucky Department of Public Health" to the "Centers for Disease Control and Prevention"; remove the definition of "retail business"; make the rebuttable presumption applicable to "any person, as defined in subsection 1"; change "injury" to "exposure"; and clarify Section 2 so that executive order relates to school closure; EMERGENCY

  CURRENT STATUS

2/24/2021 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

AN ACT relating to property taxes for veteran service organizations.

Create a new section in KRS Chapter 132 to exempt veteran service organizations from ad valorem taxation if over 50 percent of the organization's annual net income is expended on behalf of veterans and other charitable causes; amend KRS 132.010 to define "veteran service organization"; apply to property assessed on or after January 1, 2022.

  CURRENT STATUS

2/4/2021 - (H) recommitted to committee House Appropriations & Revenue (H)

COMMENTS

Amended into HB 249 annual revenue bill. OPPOSE (Soft).

AN ACT relating to dually employed retirement system members.

Amend KRS 61.545 to provide that if a member is working in a regular full-time hazardous duty position that participates in the Kentucky Employees Retirement System or the County Employees Retirement System and is simultaneously employed in a nonhazardous position that is not considered regular full-time with a different participating employer, the member shall participate solely as a hazardous duty member and shall not participate under the nonhazardous position unless he or she makes an election within 30 days of taking employment in the nonhazardous position; amend KRS 61.680 to conform; specify that provisions shall only apply to prospective nonhazardous employment occurring on or after the effective date of the Act.

  CURRENT STATUS

1/5/2021 - Introduced (Pre-Filed)

AN ACT relating to exemptions for disaster response businesses and employees.

Amend sections of KRS Chapter 141 to define new terms and provide exemptions for disaster response employees and disaster response entitities from income tax beginning on or after January 1, 2021, and before January 1, 2025; amend KRS 68.180, 68.197, 91.200, and 92.300 to exclude the income of a disaster response employee and a disaster response business from local tax; amend KRS 227.480 to exclude a disaster response business from certain permit requirements; amend KRS 227A.030 to exclude disaster response employees and disaster response businesses licensed in another state from certain licensing requirements; create a new section of KRS 67.750 to 67.790 to prevent the new provisions from being construed as establishing a nexus or minimum contact for taxing purposes, except as related to disaster response business and employees for work performed during disaster response periods.

  CURRENT STATUS

3/18/2021 - SIGNED BY GOVERNOR; (Acts Ch. 31)

AN ACT relating to crimes and punishments.

Amend KRS 194A.990, 205.8463, 238.995, 341.990, 434.650, 434.655, 434.690, 514.030, 514.040, 514.050, 514.060, 514.070, 514.080, 514.090, and 514.110 to increase the felony threshold for theft and fraud offenses to $1,000; create a Class B misdemeanor level for theft and fraud offenses; amend the Class A misdemeanor level to be $500 or more but less than $1,000; enhance the penalty for three convictions of a Class A misdemeanor to a Class D felony if the convictions occur within a five year period; allow offenses that occur within 90 days to be aggregated into one offense.

  CURRENT STATUS

3/22/2021 - SIGNED BY GOVERNOR; (Acts Ch. 66)

AN ACT relating to property assessments.

Amend KRS 132.010 to define highest and best use; amend KRS 132.191 to require property to be valued at the highest and best use; amend KRS 133.120 to change the qualifications of taxpayer representatives who receive compensation for appealing property assessments.

  CURRENT STATUS

2/11/2021 - (H) Referred to Committee House Appropriations & Revenue (H)

AN ACT relating to medicinal cannabis and making an appropriation therefor.

Create various new sections of KRS Chapter 218A to define terms; exempt the medicinal cannabis program from existing provisions in Kentucky law to the contrary; require the Department of Alcoholic Beverage and Cannabis Control implement and regulate the medicinal cannabis program; establish the Division of Medicinal Cannabis and the Board of Physicians and Advisors within the Department of Alcoholic Beverage and Cannabis Control ; establish restrictions on the possession and use of medicinal cannabis by cardholders; establish certain protections for cardholders; establish professional protections for practitioners, attorneys, and other professionals; provide for the authorizing of practitioners by state licensing boards to issue written certifications for the use medicinal cannabis; prohibit the consumption of medicinal cannabis by smoking; permit an employer to restrict the possession and use of medicinal cannabis by an employee; require the department to implement and operate a registry identification card program; establish requirements for registry identification cards; establish registry identification card fees; require the department to operate a provisional licensure receipt system for cardholders; establish the requirements for a registry identification card and the application process; establish notification requirements for cardholders; establish when a registry identification card may be revoked; establish various cannabis business licensure categories; establish requirements for a cannabis business licensure and the application process for a license; prohibit a practitioner from being a board member or principal officer of a cannabis business; prohibit cross-ownership of certain classes of cannabis businesses; establish rules for local sales, including establishing the process by which a local legislative body may prohibit the operation of cannabis businesses within its territory and the process for local ordinances and ballot initiatives; establish technical requirements for cannabis businesses; establish limits on the THC potency of medicinal cannabis that can be produced or sold in the state; establish cultivation square footage limits for cannabis businesses that are permitted to cultivate; establish procedures for the department to inspect cannabis businesses; establish procedures for the suspension or revocation of a cannabis business license; exempt certain records and information from the disclosure under the Kentucky Open Records Act; require the department to develop, maintain, and operate electronic systems for monitoring the medicinal cannabis program; require the department to promulgate administrative regulations necessary to implement the medicinal cannabis program; establish that nothing in the bill requires government programs or private insurers to reimburse for the cost of use; establish the medicinal cannabis trust fund; establish the local medicinal cannabis trust fund; establish procedures for the distribution of local cannabis trust fund moneys; create a new section of KRS Chapter 138 to establish an excise tax on certain transfers of medicinal cannabis; amend KRS 216B.402 to require hospital emergency departments to report cases of cannabinoid hyperemesis syndrome to the Department of Alcoholic Beverage and Cannabis Control; amend KRS 342.815 to establish that the Employer’s Mutual Insurance Authority shall not be required to provide coverage to an employer if doing so would subject the authority to a violation of state or federal law; amend KRS 139.470 to exempt the sale of medical cannabis from the state sales tax; amend KRS 218A.010, 218A.1421, 218A.1422, 218A.1423, and 218A.500 to conform; amend KRS 12.020, 12.252, 15.300, 15.380, 15.398, 15.420, 15A.340, 61.592, 62.120, 131.1815, 211.285, 241.010, 241.015, 241.030, 243.025, 243.0307, 243.038, 243.090, 243.360, 438.310, 438.311, 438.313, 438.315, 438.317, 438.320438.325, 438.330, 438.337, and 438.340 to change the name of the Department of Alcoholic Beverage Control to the Department of Alcoholic Beverage and Cannabis Control; some sections EFFECTIVE July 1, 2022; APPROPRIATION.

  CURRENT STATUS

1/6/2021 - Introduced

AN ACT relating to recorded instruments.

Create a new section of KRS Chapter 67 to define "recorded instrument" and "portal"; require county clerks to be open for reviewing and obtaining copies of recorded instruments for 40 hours a week unless they maintain a portal that allows the public to search for electronic copies of recorded instruments; establish deadlines for county clerks to maintain portals for the filing and searching of recorded instruments.

  CURRENT STATUS

2/9/2021 - (H) Referred to Committee House Local Government (H)

AN ACT relating to unlawful discriminatory practices.

Create a new section of KRS Chapter 237 to define terms; establish an unlawful discriminatory practice against the firearms industry; create a civil cause of action to be brought by victims; create a civil cause of action to be brought by the Attorney General.
House Floor Amendment (2) Retain original defintions; create new sections of KRS Chapter 237 to make it unlawful for a financial institution or government entity to adopt a policy to refrain from doing business with the firearms industry without a business or financial reason; authorize civil actions by the Attorney General.

  CURRENT STATUS

3/11/2021 - (S) Referred to Committee Senate Licensing and Occupations (S)

AN ACT relating to regulatory licensing fees.

Amend KRS 243.075 to allow a county that contains a city authorized to also charge a regulatory licensing fee to charge a fee; allow a county or city that held a local option election between July 15, 2014, and July 15, 2018, to impose a fee within two years of the date of the Act.

  CURRENT STATUS

3/19/2021 - SIGNED BY GOVERNOR; (Acts Ch.48)

AN ACT relating to appropriations measures providing funding and establishing conditions for the operations, maintenance, support, and functioning of the government of the Commonwealth of Kentucky and its various officers, cabinets, departments, boards, commissions, institutions, subdivisions, agencies, and other state-supported activities.

Free Conference Committee Report 1: The State/Executive Branch Budget: Detail Part I, Operating Budget; appropriate to General Government: 2019-2020: $21,535,000, 2020-2021: $2,233,082,500, 2021-2022: $1,722,270,500; appropriate to the Economic Development Cabinet: 2020-2021: $30,692,000, 2021-2022: $30,419,200; appropriate to the Department of Education: 2020-2021: $5,087,565,600, 2021-2022: $5,080,946,900; appropriate to the Education and Workforce Development Cabinet: 2020-2021: $224,230,300, 2021-2022: $224,015,100; appropriate to the Energy and Environment Cabinet: 2019-2020: $700,000, 2020-2021: $301,176,900, 2021-2022: $277,724,100; appropriate to the Finance and Administration Cabinet: 2019-2020: $2,800,000, 2020-2021: $992,780,800, 2021-2022: $1,012,246,500; appropriate to the Health and Family Services Cabinet: 2019-2020: $300,000, 2020-2021: $17,697,378,000, 2021-2022: $17,785,002,800; appropriate to the Justice and Public Safety Cabinet: 2019-2020: $17,216,900, 2020-2021: $1,269,870,200, 2021-2022: $1,283,034,800; appropriate to the Labor Cabinet: 2020-2021: $1,642,204,900, 2021-2022: $760,943,200; appropriate to the Personnel Cabinet: 2020-2021: $63,150,200, 2021-2022: $165,770,400; appropriate to Postsecondary Education: 2019-2020: $497,400, 2020-2021: $8,533,136,000, 2021-2022: $8,935,608,700; appropriate to the Public Protection Cabinet: 2020-2021: $167,314,500, 2021-2022: $125,951,800; appropriate to the Tourism, Arts and Heritage Cabinet: 2019-2020: $2,700,000, 2020-2021: $269,047,600, 2021-2022: $276,139,700; appropriate to the Budget Reserve Trust Fund: 2020-2021: $134,346,300, 2021-2022: $608,598,500; not included in the appropriation amounts are capital project amounts as follows: 2019-2020: $16,000,000, 2020-2021: $8,905,731,500, 2021-2022: $367,131,600; detail Part II, Capital Projects Budget; detail Part III, General Provisions; detail Part IV, State Salary/Compensation, Benefit, and Employment Policy; detail Part V, Funds Transfer; detail Part VI, General Fund Budget Reduction Plan; detail Part VII, General Fund Surplus Expenditure Plan; detail Part VIII, Road Fund Budget Reduction Plan; detail Part IX, Road Fund Surplus Expenditure Plan; detail Part X, Phase I Tobacco Settlement; and detail Part XI, Executive Branch Budget Summary; APPROPRIATION.

  CURRENT STATUS

3/30/2021 - delivered to Secretary of State (Acts Ch. 169)

AN ACT relating to appropriations providing financing and conditions for the operations, maintenance, support, and functioning of the Transportation Cabinet of the Commonwealth of Kentucky.

Free Conference Committee Report (2): The Transportation Cabinet Budget: Detail Part I, Operating Budget; appropriate to General Administration and Support: 2020-2021: $88,284,200, 2021-2022: $88,669,700; appropriate to Aviation: 2020-2021: $24,691,100, 2021-2022: $18,530,500; appropriate to Debt Service: 2020-2021: $147,991,400, 2021-2022: $139,139,600; appropriate to Highways: 2020-2021: $1,984,729,800, 2021-2022: $2,048,386,000; appropriate to Public Transportation: 2020-2021: $81,080,000, 2021-2022: $40,474,500; appropriate to Revenue Sharing: 2020-2021: $335,267,500, 2021-2022: $341,480,300; appropriate to Vehicle Regulation: 2019-2020: $4,265,500, 2020-2021: $63,513,500, 2021-2022: $64,296,400; not included in the appropriation amounts are capital project amounts as follows: 2019-2020: $1,460,000, 2020-2021: $14,640,000, 2021-2022: $12,190,000; detail Part II, Capital Projects Budget; detail Part III, Funds Transfer; detail Part IV, Transportation Cabinet Budget Summary; and amend Executive Branch Budget General Fund Surplus Expenditure Plan; APPROPRIATION.

  CURRENT STATUS

4/7/2021 - BECAME LAW WITHOUT GOVERNOR'S SIGNATURE; filed without Governor's signature with the Secretary of State (Acts Ch. 198)

AN ACT relating to rights-of-way on state roads.

Amend KRS 177.106 to define "encroachment"; clarify the requirement for an encroachment permit, as well as the power of the Transportation Cabinet to order encroachments removed or remedied; allow for a civil fine for a person who encroaches upon the right-of-way of a state-maintained road without obtaining a permit; allow municipalities to collect fines for violations, and use the funds for public safety or infrastructure; repeal KRS 177.103

  CURRENT STATUS

3/28/2021 - BECAME LAW WITHOUT GOVERNOR'S SIGNATURE; (Acts Ch. 148)

COMMENTS

Senate added SFA (1) to include language from SB 75 on off highway vehicles. SUPPORT.

AN ACT relating to energy source availability.

Create a new section of KRS Chapter 65 to prohibit a local government entity from taking any legislative or executive action that has the purpose or effect of impairing a consumer's ability to use a utility service that is described in KRS 278.010(3)(a), (b), or (c) and that is provided by a utility regulated by the Public Service Commission under KRS Chapter 278 or is otherwise incorporated under KRS Chapter 279.
House Floor Amendment (1) Delete original provisions; prohibit any executive, administrative, or legislative action that has the purpose or effect of prohibiting or otherwise limiting in any way, based upon the energy source, a consumer's ability to use a utility service described in KRS 278.010(3)(a), (b), or (c) that is provided by a utility regulated by the Public Service Commission under KRS Chapter 278 or that is otherwise incorporated under KRS Chapter 279; provide that nothing in the section shall prohibit or alter the powers of the Public Service Commission or the ability of a local government to act in any other lawful way; define "local government."
Senate Committee Substitute (1) Retain original provisions; prohibit any executive, administrative, or legislative action that has the purpose or effect of prohibiting or otherwise limiting in any way a consumer's ability to use liquefied petroleum gas.

  CURRENT STATUS

3/25/2021 - SIGNED BY GOVERNOR; (Acts Ch. 120)

"AN ACT relating to the purchase or lease of personal protective equipment and declaring an emergency.

Create a new section of KRS Chapter 42 to mandate that personal protective equipment purchased or leased in the Commonwealth of Kentucky be manufactured or produced in the United States; create exceptions that are to be monitored by the Finance and Administration Cabinet and the Attorney General; assign penalties for violations.
House Committee Substitute (1) Retain original provisions except make applicable only to public agencies; amend exceptions allowed; exclude health care providers from provisions; EMERGENCY.
House Floor Amendment (1) Amend the definition of "public agency" and specify that state and university affiliated hospitals are excluded from the provisions of the Act; EMERGENCY.

  CURRENT STATUS

3/3/2021 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

AN ACT relating to revenue, making an appropriation therefor, and declaring an emergency.

Amend KRS 139.340 to allow a remote retailer no later than the first day of the calendar month that is at most sixty days after the threshold requirement is met to register for a sales and use tax permit; amend KRS 139.450 to eliminate the requirement of a marketplace provider to register for a second sales and use tax number for its marketplace retailers and replace it with the option to obtain a second sales and use tax number or to report sales on its own number and provide the Department of Revenue with a separate breakdown of receipts for its marketplace retailers.
House Committee Substitute (1) Amend KRS 131.081 to allow the Department of Revenue to deliver copies of the agent's audit workpapers electronically to the taxpayer; amend KRS 132.590 to adjust the total sum to be paid by a fiscal court to a property valuation administrator's office; amend KRS 138.140 to clarify that the tax on an open vaping system is assessed only on the liquid solution when the solution is sold separately from the hardware; amend KRS 138.146 to allow the amount of cigarette tax bond to be not less than the amount of the payment of units of cigarette tax evidence which may be delay for 10 days and no greater than $10 million dollars; amend KRS 138.463 and 138.470 to clarify that the motor vehicle usage tax may be paid by two alternative methods and the tax does not apply to motor vehicles registered to, or leased by, the US government, the Commonwealth, or any of its political subdivisions; amend KRS 139.340 and 139.450 to conform to the Streamlined Sales and Use Tax Agreement; amend KRS 139.536, 148.851 and 148.853 to expand the Tourism Development Act tax incentives to certain lodging facilities; amend KRS 141.206 and 141.207 to remove the requirement for a pass-through entity to withhold tax on corporate partners, members, or shareholder and to eliminate the composite income tax return for individuals; amend KRS 224.60-142 to allow the registration of petroleum storage tanks through July 15, 2025.
House Floor Amendment (2) Retain original provisions of the bill; and amend KRS 141.390 to allow an extension of time for certain recycling projects to make application for the recycling and composting tax credit.
House Floor Amendment (4) Retain original provisions of the bill; and create a new section of subchapter 20 of KRS Chapter 154 to allow the secretary to consider a resident of a bordering state as a qualified employee.
House Floor Amendment (5) Retain original provisions; and allow a tax district to share certain requests for a refund with certain other tax districts.
Senate Committee Substitute (1) Amend KRS 131.081 to allow the Department of Revenue to deliver copies of the agent's audit workpapers electronically to the taxpayer; amend KRS 132.590 to adjust the total sum to be paid by a fiscal court to a property valuation administrator's office; amend KRS 138.140 to clarify that the tax on an open vaping system is assessed only on the liquid solution when the solution is sold separately from the hardware; amend KRS 138.146 to allow the amount of cigarette tax bond to be not less than the amount of the payment of units of cigarette tax evidence which may be delay for 10 days and no greater than $10 million dollars; amend KRS 138.463 and 138.470 to clarify that the motor vehicle usage tax may be paid by two alternative methods and the tax does not apply to motor vehicles registered to, or leased by, the US government, the Commonwealth, or any of its political subdivisions; amend KRS 139.340 and 139.450 to conform to the Streamlined Sales and Use Tax Agreement; amend KRS 141.206 and 141.207 to remove the requirement for a pass-through entity to withhold tax on corporate partners, members, or shareholder and to eliminate the composite income tax return for individuals; amend KRS 224.60-142 to allow the registration of petroleum storage tanks through July 15, 2025; amend KRS 141.390 to allow an extension of time for certain major recycling project to apply; create a new section in KRS Chapter 154, subchapter 20, to allow the letter of Secretary of the cabinet to consider a resident of a border state as a qualified employee for a new-full-time position essential to certain approved economic development project; create a new section in KRS Chapter 67 to allow a tax district to share information in a refund application with certain other tax districts; amend KRS 190.030 to allow the Motor Vehicle Commission to establish licensure fees by administrative regulation; amend KRS 141.383 to reduce the film industry tax credit cap and require that a project must begin production within six months of filing an application and complete production within 2 years of the production start date; create Subchapter 61 in KRS Chapter 154 and create various new sections within the subchapter to move the application and approval process related to the film industry tax credit to the Economic Development Cabinet, from the Tourism, Arts and Heritage Cabinet; amend KRS 131.190 to allow reporting by the Department of Revenue; make conforming changes; amend KRS 68.197 to allow certain counties to increase or decrease the occupational license fee and set the maximum salary limit at the maximum social security contribution and benefit base; amend KRS 243.029 and 243.075 to require the alcohol taxes to be collected by the direct shipper licensee, except for the regulatory license fee, and to impose the regulatory license fee on the direct shipper licensee; amend KRS 139.010 to removes exempt from sales and use tax the tax that would be collected on the local alcohol regulatory fee; create a new section of KRS Chapter 171 to allow a limited historic rehabilitation tax credit for one major certified rehabilitation project; amend KRS 171.396 to increase the annual tax credit cap and allocate the tax credit cap between owner-occupied residential property and other property; amend KRS 141.0205 to reorder certain tax credits within the refundable and nonrefundable subsections; create a new section of KRS Chapter 48 to establish the emergency disaster relief account within the Road Fund; create a new section of KRS Chapter 132 to exempt certain property of a veteran service organization; amend KRS 132.010 to conform; repeal various sections of KRS Chapter 148 related to the film tax credit; EFFECTIVE July 1, 2021, for Sections 3 to 8 and 26 to 28 of this Act; APPROPRIATION; EFFECTIVE January 1, 2022, for Section 33 of this Act; EMERGENCY in Section 32 of this Act.

  CURRENT STATUS

3/29/2021 - delivered to Secretary of State (Acts Ch. 156)

AN ACT relating to sheriffs' tax settlements.

Create a new section of KRS Chapter 134 to require the annual sheriff's tax settlement audit to be one audit for the period September 1 to August 31 including specific taxes and every type of tax for which a collection schedule has been completed, delinquent tax claims have been filed, and settlements have been prepared; amend KRS 132.192 to require sheriffs in counties with a population of 70,000 or less to provide a complete statement of funds and expenditures for the preceding calendar year to the fiscal court by March 15; EFFECTIVE January 1, 2022.

  CURRENT STATUS

3/18/2021 - SIGNED BY GOVERNOR; (Acts Ch. 37)

AN ACT relating to local government and making an appropriation therefor.

Create a new section of KRS Chapter 70 detailing the powers and duties of constables, excluding the general powers of peace or police officers, with certain exceptions; allow police powers where the county grants them and the constable or deputy has been certified pursuant to KRS 15.380, so long as that certification is maintained; amend KRS 15.707 deleting constables; amend KRS 16.060 deleting constables; amend KRS 61.300 deleting deputy constables; amend KRS 61.310 deleting deputy constables; amend KRS 63.170 by adding constables; amend KRS 63.180 by adding deputy constables; amend KRS 64.060 to remove noncertified constables from the fee schedule for services and allow certified constables to continue to receive fees per the schedule; amend KRS 64.190 to amend constable fee schedule; amend KRS 64.200 to exclude urban-county governments from constable compensation requirements and include deputy constables within reporting requirements; amend KRS 70.310 to require deputy constables to execute bond; amend KRS 70.320 to allow the appointment of deputy constables; specify how they are appointed and their numbers determined, and their qualifications; amend KRS 70.350 to specify where constables may execute warrants; amend KRS 70.410 to include deputy constables; amend KRS 70.430 to specify the nature and recipient of constable and deputy constable's reports; grant fiscal courts or county clerks and merged governments the authority to retain 25% of fees collected; amend KRS 70.440 to include mandated reports within false reporting prohibitions; amend KRS 148.056 to remove constables; amend KRS 150.100 to remove constables; amend KRS 164.955 to specify that powers of constables are not being diluted or removed; amend KRS 183.881 to specify that constable powers are not impaired or diminished; amend KRS 189.950 to permit vehicle blue lights for constables if the county grants them the authority and if they are certified as peace officers; amend KRS 230.240 to remove constables; amend KRS 277.280 to remove constables; amend KRS 281.765 to remove constables and deputies; amend KRS 446.010 to remove constables from definition of "peace officers"; amend KRS 454.140 to direct service of process first to sheriffs; exclude urban-county and consolidated local governments from this requirement, unless they pass ordinances granting the sheriff priority.
House Committee Substitute (1) Prohibit any constable elected for the first time after January 1, 2023 from exercising general police powers unless certified, leaving all other constables unchanged. amend various sections of the KRS as they relate to constable powers and duties, especially those with police powers; allow constables to apply for training at any KLEC approved basic training course, cost allocation determined, require the Department of Criminal Justice Training to accept 1 qualified constable per training class for training; delayed effect Sections 1-26 take effect January 1, 2023, Section 27 to take effect July 1, 2023.

  CURRENT STATUS

3/29/2021 - (S) Reported Favorably w/ SCS 1, to Rules

AN ACT relating to public records.

Amend KRS 286.1-440 to include gender-neutral language.
House Committee Substitute (1) Retain original provisions, except amend KRS 61.870 to define "Resident of the Commonwealth"; amend KRS 61.872 to permit any resident of the Commonwealth to request public records through written application by fax, mail, e-mail, or hand delivery; prohibit disclosure or inspection of any records that can be obtained through the civil discovery process to a party, or party representative involved in a lawsuit with the Commonwealth; amend KRS 61.876 to require a public agency to display a copy of rules and regulations pertaining to open records requests, contact information of its records custodian, and a copy of a records request application form developed by the Attorney General, in a prominent location or on its Web site; prohibit the Finance and Administration Cabinet from promulgating administrative regulations pertaining to public records requests for the Legislative Research Commission or Administrative Office of the Courts; require the Attorney General to promulgate by administrative regulation a form to be used for any public records request; amend KRS 61.878 to exempt all public records or information prohibited by state law from the Open Records Act; exempt from the Open Records Act any client or case files maintained by the Department of Public Advocacy or any entity contracting with the Department of Public Advocacy for the purpose of legal representation; amend KRS 61.880 to extend the deadline for a public agency to determine whether it will comply with a public records request to five days; amend KRS 7.119 to permit any resident of the Commonwealth to request or inspect records in custody of the Legislative Research Commission or the General Assembly; require the director of the Legislative Research Commission to determine whether to comply with a public records request within five days; require the director of the Legislative Research Commission to notify his or her decision in writing; require any request to review a decision made by the director to be reviewed by the Legislative Research Commission within 30 days of its first scheduled meeting held following receipt of the request to review; any decision made by the Legislative Research Commission pertaining to review shall be final and unappealable; exempt certain records under the custody of the Legislative Research Commission or General Assembly from disclosure; prohibit any member of the Legislative Research Commission, General Assembly, or any employee of the Legislative Research Commission from disclosing any record denied by the Legislative Research Commission; any disclosure of a denied record shall be subject to violation under KRS 6.734; require a public agency that receive a request pertaining to the Legislative Research Commission to notify the director of the Legislative Research Commission within two days of the request; require the director of the Legislative Research Commission to notify any member of the General Assembly of a request pertaining to that particular member within one day of receipt of the request; amend KRS 189.635 to require any accident report to be made available to an attorney of the parties involved, his or her employees, or the attorney's written designee; make title amendment;
Senate Committee Substitute (1) Retain original provisions, except expand the definition of "resident of the Commowealth" to include all news-gathering organizations as defined in KRS 189.635(8)(b)1., and any individual or entity acting on behalf of an individual or entity who qualifies as a resident of the Commonwealth; amend KRS 61.872 to prevent any public agency from requiring a particular form to request public records, but require an agency to accept any request submitted on the form created by the Attorney General; permit a records custodian of a public agency to require a written application, signed by an applicant; permit the records custodian to require a written statement from an individual or entity that they qualify as a resident of the Commonwealth; delete the requirement that records obtainable through the civil discovery process shall not be obtained by a party, person, or entity to a civil lawsuit against the Commonwealth, or on behalf of a person, party, or entity in a civil lawsuit against the Commonwealth; amend KRS 61.876 to conform.

  CURRENT STATUS

3/29/2021 - delivered to Secretary of State (Acts Ch. 160)

AN ACT relating to fire districts.

Amend KRS 75.040 to require a fire protection district or volunteer fire department district to waive any tax attributable to its provision of emergency ambulance service in territory shared with a KRS Chapter 108 ambulance service district absent an agreement otherwise; declare that a fire protection district or volunteer fire department district or subdistrict is deemed to be the primary service provider of emergency ambulance service in the county containing the majority of the population served by that district absent notification from the district to the executive authorities of the local governments of jurisdiction, and in that event limit the district's or subdistrict's tax to only a maximum of $0.10 per one hundred dollars and declare status for secondary providers of emergency ambulance service and provide for declaration in light of a mutual aid compact; amend KRS 75.015 relating to fire protection subdistricts to not charge that portion of a fire subdistrict tax that is attributable to the provision of ambulance services if the fire subdistrict serves an area that is also served by an ambulance service district operating under KRS Chapter 108 unless the respective boards agree otherwise.

  CURRENT STATUS

2/2/2021 - Introduced

AN ACT relating to the provision of broadband services, and making an appropriation therefor.

Amend KRS 141.018 to update statutory language.
House Committee Substitute (1) Create a new section of KRS Chapter 278 to allow a distribution cooperative to facilitate the operation of an affiliate engaged exclusively in the provision of broadband service to unserved or underserved households and business; APPROPRIATION.\
House Floor Amendment (1) Retain original provisions; amend the appropriation amount to $250 million.
Senate Committee Substitute (1) Create a new section of KRS Chapter 278 to allow a distribution cooperative to facilitate the operation of an affiliate engaged exclusively in the provision of broadband service to unserved or underserved households and business; amend KRS 278.5462 to require a broadband service provider to ensure adequate broadband services in a manner to prevent any outage that is more than intermittent in nature; APPROPRIATION.

  CURRENT STATUS

3/30/2021 - delivered to Secretary of State (Acts Ch. 171)

AN ACT relating to concealed deadly weapons.

Repeal KRS 237.115 interpreting the application of the concealed carry deadly weapon licensing statute to postsecondary facilities and permitting state and local governments to pass legislation limiting concealed carry in buildings controlled by that government; amend various sections to conform.

  CURRENT STATUS

2/2/2021 - Introduced

AN ACT relating to broadband and making an appropriation therefor.

Repeal and reenact KRS 246.010 to alphabetize the definitions and add definitions for "broadband" or "broadband service," "broadband deployment fund," "broadband deployment project area," "census block," "shapefile," "underserved area," and "unserved area"; amend KRS 246.030 to add the Office of Innovation to the Department of Agriculture; create a new section of KRS Chapter 246 establishing the Office of Innovation and providing the duties and responsibilities of the office; create a new section of KRS Chapter 246 establishing the broadband deployment fund in the Office of Innovation; repeal KRS 224A.1121 and reenact as a new section KRS Chapter 246, amending all references of the Kentucky Infrastructure Authority to the Office of Innovation, and authorizing the Department of Agriculture to promulgate administrative regulations for the broadband deployment fund program; amend KRS 224A.011 to delete all definitions related to the broadband deployment fund program; amend KRS 224A.110 to delete all references to the broadband deployment fund program; amend KRS 224A.112 to delete all references to the broadband deployment fund program; amend KRS 154.15-020 to require the Kentucky Communications Network Authority to obtain written permission from the Office of Innovation before applying for federal funds; amend KRS 18A.115 to exempt Office of Innovation employees from classified service under KRS 18A.005 to 18A.200; APPROPRIATION.

  CURRENT STATUS

3/2/2021 - (H) recommitted to committee House Appropriations & Revenue (H)

AN ACT relating to businesses impacted by the COVID-19 response, making an appropriation therefor and declaring an emergency.

Direct that any individual or business penalized by business license restrictions or fines under the Governor's emergency response to the COVID-19 pandemic shall have their license restored and fines refunded APPROPRIANTION; EMERGENCY.

  CURRENT STATUS

2/23/2021 - (H) recommitted to committee House Appropriations & Revenue (H)

AN ACT relating to preserving the right of Kentuckians to own and use firearms and declaring an emergency.

Create a new section of KRS Chapter 237 to state legislative findings and make declarations that all federal laws and regulations commandeering state or local law enforcement to enforce federal restrictions of firearms are invalid and of no effect in Kentucky and that the General Assembly has the duty to enact all measures to prevent their enforcement; that the General Assembly has the duty to protect and defend the state and federal constitutions; that proposed presidential actions relating to the acquisition, possession, and use of firearms and accessories are violative of presidential powers and citizens' rights under the federal constitution; provide retroactive application back to January 1, 2018; EMERGENCY.

  CURRENT STATUS

2/3/2021 - Introduced

AN ACT relating to the Kentucky Opioid Abatement Advisory Commission, making an appropriation therefor, and declaring an emergency.

Create a new section of KRS Chapter 15 to establish the Kentucky Opioid Abatement Advisory Commission; create a new section of KRS Chapter 15 to establish the opioid abatement trust fund; EMERGENCY.
House Committee Substitute (1) Create new sections of KRS Chapter 15 to establish the Kentucky Opioid Abatement Advisory Commission, name members to the Commission, outline duties and responsibilities of the Commission, and provide for the distribution of certain possible settlement moneys; EMERGENCY.

  CURRENT STATUS

3/24/2021 - SIGNED BY GOVERNOR; (Acts Ch. 113)

AN ACT relating to occupational license taxes.

Amend KRS 68.197 to allow a person paying a county license fee and a city license fee in counties with a population of 100,000 or greater to credit the fees; allow cities and counties to enter an agreement relating to crediting occupational taxes in counties with a population of 100,000 or greater; allow existing agreements between cities and counties relating to the crediting of occupational license taxes to continue until the expiration date of the agreement, but prohibit renewal or extension of the agreement; require all county populations in the statute to be based upon the federal decennial census; make technical corrections; repeal KRS 68.199.

  CURRENT STATUS

2/9/2021 - Introduced

AN ACT relating to governmental immunity.

Amend KRS 39A.280 to delete the restriction on governmental immunity when the governmental agency has insurance.

  CURRENT STATUS

3/1/2021 - (H) posted in committee House Judiciary (H)

AN ACT relating to transportation improvement districts.

Create new sections of KRS Chapter 184 to establish transportation improvement districts (TIDs) organized by county governments; define terms; allow TIDs to be established by a single county, or up to three contiguous counties; establish board makeup and membership requirements for one, two, and three county TIDs; set forth TID duties and powers; set forth public meeting requirements for potential projects; set forth procedures for TIDs to place easements on properties upon which a proposed project will cause an increase in value; set forth TID duties regarding the acquisition of property under the Eminent Domain Act; set forth powers and procedures for TIDs to issue bonds for projects; allow the Transportation Cabinet to assist a TID in a demonstration project.

  CURRENT STATUS

2/9/2021 - Introduced

AN ACT relating to sheriffs fees.

Create a new section of KRS Chapter 70 to require that any local government placing any fee, tax, or license on the property tax bill shall negotiate a collection of up to 4.25% for any sheriff collecting this fee, tax, or license.

  CURRENT STATUS

3/25/2021 - SIGNED BY GOVERNOR; (Acts. Ch. 127)

AN ACT relating to county audits.

Amend KRS 43.070 to limit counties to bearing one-half of the expense of annual audits conducted by the Auditor of Public Accounts; require that the county not be liable for the expense of audits conducted by the Auditor of Public Accounts not completed by August 1 after the calendar year audited regarding a county official and February 1 following the fiscal year audited regarding a county budget; amend KRS 64.810 to require a fiscal court, county clerk, or sheriff to give notice to the Auditor of Public Accounts regarding intent to hire a certified public accountant to conduct an audit required under KRS 43.070 at least 120 days prior to the close of the period to be audited; require that contracts issued to certified public accountants be awarded by competitive bid.

  CURRENT STATUS

2/11/2021 - Introduced

AN ACT relating to virtual court proceedings.

Create new sections of KRS Chapters 23A and 24A to establish remote attendance by a defendant who is in jail or a detention facility via two-way audio-video communications; specify proceedings when remote attendance is required and when permitted; establish parameters to ensure protection of rights; establish local determination in juvenile criminal cases in district court.

  CURRENT STATUS

3/30/2021 - (H) recommitted to committee House Appropriations & Revenue (H)

AN ACT relating to fiscal matters and making an appropriation therefor.

Amend KRS 48.310, relating to branch budget bills, to make technical corrections.
House Committee Substitute (1) Appropriate General Fund moneys in the amount of $20 million to the rural hospital operations and facilities revolving loan fund; APPROPRIATION.
Senate Committee Substitute (1): Retain original provisions; create new sections in KRS Chapter 148 to provide for the Harrodsburg Sestercentennial Commission; amend KRS 197.045 and 532.100 to provide certain performance-based funding in certain situations for jails; create a new section of KRS Chapter 65 to appropriate $10 million to the West End Opportunity Partnership, conditioned upon receipt of certain funding from private sector investors and a consolidated local government; appropriate various amounts from various sources in fiscal year 2021-2022 to the Community Services and Local Facilities budget unit, Justice Administration budget unit, Court Operations and Administration budget unit, Community Services and Local Facilities budget unit, Facilities and Support Services budget unit, School Facilities Replacement and Renovation Fund, and Learning and Results Services budget unit; amend certain provisions of the Judicial Branch Budget, 2021 Regular Session HB 195/VO; require reporting by the Court of Justice to the Interim Joint Committee on Appropriations and Revenue by September 1, 2021; APPROPRIATION.
Free Conference Committee Report (1): Retain original provisions of the Senate Committee Substitute 1 of HB 556, except that the sentencing credits start in fiscal year 2021-2022 and continue through fiscal year 2023-2024; the $30 million appropriation to the Community Services and Local Facilities budget unit is to be used for both the sentencing credits and the per diem amount for those inmates enrolled in and attending evidence-based program; the $75 million appropriation to the School Facilities Construction Commission to support local area vocational education center renovation costs;APPROPRIATIONS; EMERGENCY.

  CURRENT STATUS

4/7/2021 - BECAME LAW WITHOUT GOVERNOR'S SIGNATURE; filed without Governor's signature with the Secretary of State (Acts Ch. 194)

AN ACT relating to transportation and making an appropriation therefor.

Amend KRS 138.220 to set a single excise tax on gasoline and special fuels; set initial base rate at 34 cents per gallon (cpg); subject tax to annual adjustment; eliminate references to taxation on the average wholesale price of gasoline and the supplemental tax on gasoline and special fuels; require annual notification to motor fuel dealers of the adjusted rate of the excise tax on gasoline and special fuels for each upcoming fiscal year and annual notification to county clerks of the adjusted rate of highway user fees for electric vehicles; amend KRS 138.660 to set the initial base rate for the heavy equipment motor carrier surtax at 4.3 cpg for gasoline and 7.2 cpg for special fuels; subject the surtax to annual adjustment; create a new section of KRS Chapter 138 to define "taxes"; provide a mechanism for annual adjustment of the excise tax on gasoline and special fuels and the heavy equipment motor carrier surtax based on changes in the National Highway Construction Cost Index 2.0; allow these taxes to increase or decrease no more than ten percent from one year to the next, subject to the statutory minimums; create a new section of KRS Chapter 186 to establish a base highway user fee for nonhybrid electric vehicles of $150; require the fee to be adjusted with any increase or decrease in the gasoline tax under Section 3 of the Act; establish an annual highway preservation fee of $35-$40 on noncommercial vehicles with a fuel efficiency of 30 MPG or greater, based on the EPA mileage rating of the make model and year of the vehicle; require collection of both fees at the time of registration; require that both fees be transferred to the road fund; amend KRS 186.010 to define "nonhybrid electric vehicle"; amend KRS 186.018 to increase the fee for a driving history record from $3 to $6; amend KRS 186.020 to eliminate the requirement to present a vehicle's registration receipt when renewing the vehicle registration and allow mail or online registration renewal with no additional fee; amend KRS 186.040 to eliminate the $30 county clerk fee for motor carrier registrations on vehicles in excess of 44,000 pounds; increase the county clerk fee for motor vehicle registrations from $6 to $8; amend KRS 186.050 to increase to state fee for motor vehicle registrations from $11.50 to $22; require payment of the highway user fees for electric vehicles and the highway preservation fees at the time of registration or renewal; provide for a $10 late charge for vehicle registrations not renewed within 30 days of expiration; make technical correction; amend KRS 186.162, 186.180, and 186.240 to conform; amend 186.531 to set reinstatement fee for a suspended operator's license at $100 and provide for distribution of funds; amend KRS 281A.150 to increase reinstatement fees for suspended CDLs from $50 to $100; amend KRS 186A.130 and 186A.245 to set the fee for an initial title at $25, the fee for a duplicate or replacement title at $10, and the fee for a speed title at $40, and adjust the distribution of fees between the Cabinet and the county clerk; amend KRS 189.574 to increase to fee for state traffic school from $15 to $50; amend KRS 189.270 to increase fees for various overweight and overdimensional permits; create a new section of KRS Chapter 174 to create the multimodal transportation fund, specify allowable uses for moneys in the fund, and appropriate funds for those purposes; amend KRS 177.320 and 177.365, regarding allocation of a portion of fuel tax revenue to county road aid funds and municipal road aid funds; change the revenue-sharing formula on the portion of fuel tax revenue available for revenue sharing which exceeds $825 million in any year from 18.3% to counties and 7.7% to cities to 13% for each fund; amend KRS 138.4603, regarding the determination of total consideration for the purpose of calculating retail price for motor vehicle use tax, to limit the trade in allowance on the purchase of new motor vehicles to $25,000; amend KRS 176.080 to establish limitations and awarding of single bid construction contracts the exceed, engineer's estimates, require reporting of such contracts; amend KRS 176.210 to prohibit the Department of Highways from revealing the identities of eligible bidders on a project until the project bid letting; amend KRS 138.210 to delete the definitions for "average wholesale price," "average wholesale floor price," and " quarterly survey value"; amend KRS 138.695, 138.270, 42.409, 234.320, and 234.380 to conform; repeal KRS 138.228, regarding the calculation of average wholesale price of gasoline, KRS 138.4602, regarding determination of total consideration on vehicles purchased between 2009 and 2014, and KRS 175.505 regarding the debt payment acceleration fund for turnpike authority debt; Sections 1 to 3 and 23 to 23 are EFFECTIVE July 1, 2021; Sections 4, 5, and 7 to 12 are EFFECTIVE January 1, 2022; APPROPRIATION.

  CURRENT STATUS

2/26/2021 - (H) Referred to Committee House Appropriations & Revenue (H)

AN ACT relating to local reapportionment and declaring an emergency.

Require fiscal courts to initiate reapportionment proceedings in 2022 instead of 2021; EMERGENCY.

  CURRENT STATUS

2/23/2021 - Introduced

COMMENTS

Amended onto SB 171. SUPPORT.

AN ACT relating to motorboats and making an appropriation therefor.

Create a new section in KRS Chapter 132 to exempt federally documented vessels from property taxation; create new sections in KRS Chapter 235 to establish the waterway usage fee and the distribution of revenue generated from the fee; establish the waterway usage fund; create a new section in KRS Chapter 148 to establish the Kentucky lakes and rivers tourism fund; amend KRS 235.990 to establish a penalty for nonpayment of the waterway usage fee; amend KRS 235.999 and 150.160 to distribute the money collected from the penalty; amend KRS 132.020 and 132.200 to make conforming changes; EFFECTIVE January 1, 2022; APPROPRIATION.

  CURRENT STATUS

2/23/2021 - Introduced

AN ACT relating to elections and making an appropriation therefor.

Amend various sections of KRS Chapters 48, 65, 83A, 116, 117, 118, 118A, 119, 120, 242, and 424 relating to paper ballots, voting equipment, voting systems, election education, voter registration, mail-in and in-person absentee voting and procedures, county board of election appointments, precinct election officer qualifications, consolidated precincts, mail-in absentee portal for mail-in ballot application requests, drop-box or receptacle for mail-in absentee ballots, voter assistance requirements prescribed, extension of time for reviewing and processing mail-in absentee ballots and procedures related, establishing recanvass thresholds, penalties prescribed for furnishing mail-in absentee ballots when not permissible, prohibiting tax dollars from being used to influence public opinion for ballot questions, and elections. repeal KRS 117.381 and 117.387, relating to electronic voting systems.
House Committee Substitute (1) Retain the original provisions of the bill with following changes: remove Wednesday as a day for in-person absentee voting; add and amend KRS 39A.100 to remove the Governor's ability, upon recommendation of the Secretary of State, to declare by executive order a different manner for holding elections in an election area for which a state of emergency has been declared; add and amend KRS 118.176 to expand the class of candidates that can be challenged by a bona fide court action; add and amend KRS 118.367 to change the filing deadline for an independent, political organization, or political group candidate from the last Tuesday in January to April 1.
House Floor Amendment (2) Add and amend KRS 116.035 to allow a person who is homeless and lacks an established and fixed nighttime residence of regular return an option to choose a fixed address of a non-traditional place of residence for purposes of voting.
Senate Committee Substitute (1) Retain the provisions of the bill with the following changes: require the secure online mail-in absentee ballot request portal to open no more than 45 days before a primary or an election; amend KRS 132.017 to prohibit local, state, and federal tax dollars from being used to advocate, in partial terms, for or against any public question that appears on the ballot that relates to a tax rate by a district board of education; create a new section of KRS Chapter 120 to provide for an automatic recount in elections of constitutional officers, members of Congress, and members of the General Assembly when the vote margin is 0.5% or less; amend KRS 118.775 relating to membership in the General Assembly to conform; amend KRS 120.185 to provide for a recount in elections of the Governor and Lieutenant Governor, members of Congress, and members of the General Assembly when an automatic recount does not apply; amend KRS 120.195, 120.205, and 120.215 to establish procedures for any election contest involving the Governor and Lieutenant Governor and members of the General Assembly, including a mechanism to ensure the integrity of the election records and a chain of custody of election records if transported; provide who shall conduct a recount as part of an election contest and the procedures to be followed; provide the time frame for a newly ordered election; and amend KRS 117.295, 118.740, 120.017, and 120.155 to conform; APPROPRIATION.
Senate Floor Amendment (1) Amend KRS 117.066 to require the county board of elections to petition the State Board of Elections before being allowed to consolidate a precinct for a vote center; and petition requirements prescribed.

  CURRENT STATUS

4/7/2021 - SIGNED BY GOVERNOR; (Acts Ch. 197)

AN ACT relating to crimes and punishments.

Amend KRS 533.050 to require the court to considere all sanctions, including graduated sanctions adopted by the Department of Corrections for violations of the conditions of community supervision, before revoking a sentence of probation or conditional discharge; amend KRS 439.553 to conform.

  CURRENT STATUS

2/23/2021 - Introduced

AN ACT relating to firearms and declaring an emergency.

Create a new section of KRS Chapter 237 to define terms; prohibit a covered entity from enforcing, or assisting in the enforcement of, any federal statute, order, rule, or regulation of firearms that does not exist under the laws of Kentucky; create a Class A misdemeanor for any government official who violates the prohibition; grant authority to the Attorney General to file a civil action in Circuit Court to enforce the prohibition; permit citizens to file complaints with the Attorney general for violations of the prohibition; state the Act shall be known as the Kentucky Firearms Protection Act; EMERGENCY.

  CURRENT STATUS

2/23/2021 - Introduced

A RESOLUTION urging the General Assembly to adopt legislation to adequately fund the Commonwealth's transportation system.

Urge the General Assembly to adopt legislation to adequately fund the Commonwealth's transportation system.

  CURRENT STATUS

1/5/2021 - Introduced (Pre-Filed)

AN ACT relating to emergencies and declaring an emergency.

Amend KRS 39A.090 to limit the effective dates of executive orders issued by the Governor to 30 days unless an extension is approved by the General Assembly, and prohibit the Governor from issuing a new executive order relating to the same emergency without the approval of the General Assembly; amend KRS 39A.100 to allow an executive order relating to elections to remain in effect regardless of the time limitations in KRS 39A.090; amend KRS 39A.180 to limit administrative regulations promulgated under KRS 39A.180 to 30 days unless an extension is approved by the General Assembly; amend KRS 214.020 to limit administrative regulations promulgated under KRS 214.020 to 30 days unless an extension is approved by the General Assembly; amend KRS 241.090 to limit the emergency jurisdiction and peace officer status of administrators and investigators under the alcohol beverage control board to the limitations in KRS 39A.090; amend KRS 315.500 to prevent the time limitations of KRS 39A.090 from affecting the emergency distribution of pharmaceuticals; amend KRS 39A.374 to prevent the time limitations of KRS 39A.090 from affecting the limitations on increased prices during an emergency.
Senate Committee Substitute (1)Amend KRS 39A.020 to redefine "emergency"; amend KRS 39A.090 to require certain emergency executive orders to end after 30 days unless an extension is approved by the General Assembly; for all other executive orders, allow local governments to request an extension of the 30-day limit; prohibit the Governor from declaring an additional, similar emergency order upon the expiration of the first order; waive prospective equitable and declaratory relief immunity under the Eleventh Amendment to the United States Constitution for cases under KRS 446.350 during emergencies; amend KRS 39A.100 to exempt emergency orders moving the election from the 30-day limitation and limit changes to time or place; require the Governor to report to the General Assembly or the Legislative Research Commission expenditures relating to contracts issued during the emergency and all revenues received from the federal government in response to the emergency; amend KRS 39A.180 to require administrative regulations under the emergency to follow the requirements of KRS Chapter 13A, and provide specific requirements for suspending a statute and promulgating administrative regulations under a declared emergency; amend KRS 39A.280 to extend liability protection for architects and engineers for work performed during an emergency without compensation to 90 days from the end of the last extension of the declaration of emergency; amend KRS 39A.990 to change the penalty for violating provisions of KRS Chapter 39A from a Class A misdemeanor to not more than a $100 fine for the first offense and not more than a $250 fine for subsequent offenses; amend KRS 241.090 to limit the jurisdiction and police powers of state administrators and investigators during an emergency; amend KRS 315.500 to specify that the Governor's ability to authorize an emergency supply of medicine is not subject to the 30-day emergency executive order limitation; amend KRS 367.374 to specify that the Governor's ability to prohibit price gouging during an emergency is not subject to the 30 day emergency executive order limitation; EMERGENCY
Senate Floor Amendment (1) Restore the provision of the statute that required law enforcement authority of the state and local governments to enforce written orders and administrative regulations issued pursuant to KRS Chapters 39A to 39F.
House Floor Amendment (1) Ensure that in an emergency, the taking of property by the Governor can only be for the duration of emergency and only for public use, the taking of goods can only be during a shortage of goods, and include certain freedoms in the restrictions on the Governor may impose under the emergency.
House Floor Amendment (4) Amend KRS 39A.090 to limit emergency executive orders, administrative regulations, or other directives issued by the Governor that affect local governments to 30 days; amend KRS 39A.100 to affirm that governmental entities may not impose restrictions on peaceable assembly or worship.

  CURRENT STATUS

2/2/2021 - delivered to Secretary of State (Acts Ch. 6)

AN ACT relating to warrants authorizing entry without notice.

Create new sections of KRS Chapter 455 to create procedures and requirements for issuance of warrants authorizing entry without notice; require judges to review applications for warrants impartially; and require service by SWAT or special response teams with special training; amend KRS 523.020 to make clear that an officer's false statement in an application for a warrant authorizing entry without notice constitutes perjury; propose a rule of evidence making inadmissible any evidence collected as the result of a warrant authorizing entry without notice which did not comply with statutes or which was obtained through perjury or false statements.

  CURRENT STATUS

4/9/2021 - SIGNED BY GOVERNOR; (Acts Ch. 202)

AN ACT relating to emergencies and declaring an emergency.

Create a new section of KRS Chapter 39A to provide liability protection for owners of premises during a declared emergency; amend KRS 39A.020 to define terms used; amend KRS 39A.070 and 39A.090 to conform; amend KRS 39A.280 to refine the immunity of the state, private persons, volunteers, professional engineers and architects, and persons providing essential services during an emergency; EFFECTIVE MARCH 6, 2020, for Sections 1, 2, and 5 of the Act; EMERGENCY.
Senate Committee Substitute (1) Create a new section of KRS Chapter 39A to provide liability protection for owners of premises during the SARS-COV-2 pandemic, set the time limit within which a claim for personal injury must be brought, and specify the liability for essential services providers, and define what is an "essential service"; amend KRS 39A.020 to define "declared emergency", "disaster", and "executive action"; amend KRS 39A.070 and 39A.090 to conform; amend 39A.280 to refine the immunity of the state, private persons, volunteers, professional engineers and architects, and persons providing essential services during an emergency; EFFECTIVE MARCH 6, 2020, for Section 1 of the ACT; Repeal of Section 1 effective December 31, 2023; EMERGENCY.
Senate Floor Amendment (2) Ensure that the Act is not interpreted to limit liability relating to non-COVID-SARS-2 motor vehicle accidents.
Senate Floor Amendment (7) Require that claims involving damage to real property related to the SARS-COV-2 pandemic be brought within the time set out in KRS 413.120; clarify the protection afforded essential workers.
Senate Floor Amendment (8) Include distributors of medical or personal protective equipment as essential services providers.
Senate Floor Amendment (9) Amend KRS 39A.270 specifying that the Governor or General Assembly may designate which services are essential during an emergency.
House Floor Amendment (6): Retain original provisions to create a new section of KRS Chapter 39A to provide liability protection for owners of premises during the SARS-COV-2 pandemic, set the time limit within which a claim for personal injury must be brought, specify the liability for essential service providers, and define what is an "essential service"; amend KRS 39A.020 to define "declared emergency", "disaster", and "executive action"; amend KRS 39A.070 and 39A.090 to conform; amend 39A.280 to refine the immunity of the state, private persons, volunteers, professional engineers and architects, and persons providing essential services during an emergency; provide definitions for additional terms including "COVID-19," "COVID-19 claim," and "arising from COVID-19"; and designate those businesses and providers deemed agents of the Commonwealth; EFFECTIVE MARCH 6, 2020, for Section 1 of the ACT; Repeal of Section 1 effective December 31, 2023; EMERGENCY.

  CURRENT STATUS

4/11/2021 - BECAME LAW WITHOUT GOVERNOR'S SIGNATURE; (Acts Ch. 205)

AN ACT relating to indemnification of prosecutors.

Amend KRS 15.753 to provide that the Finance and Administration Cabinet shall reimburse the Attorney General, a Commonwealth's attorney, or a county attorney for fees or judgments after being sued for an act or omission in the course of his or her duties.

  CURRENT STATUS

3/25/2021 - SIGNED BY GOVERNOR; (Acts Ch. 131)

AN ACT proposing an amendment to Section 170 of the Constitution of Kentucky relating to property exempt from taxation.

Propose to amend Section 170 of the Constitution of Kentucky to include in the homestead exemption for owners who are sixty-five years of age or older any increase in ad valorem taxes that are assessed after the latter of the year the owner turned sixty-five, the year the owner purchased the property, or the date this provision was ratified by the voters; add the continued biennial inflation indexing of the homestead exemption amount; make various typographical changes of a nonsubstantive nature; provide ballot language; submit to voters for ratification or rejection; apply to property assessed on and after the January 1st immediately following the date of ratification.

  CURRENT STATUS

1/5/2021 - Introduced (Pre-Filed)

AN ACT relating to off-highway vehicles and making an appropriation therefor.

Create a new section of KRS Chapter 189 to defines the terms "off-highway vehicle," "local government," and "regional authority"; allow a local government that is located within the boundary of a regional authority, to pass an ordinance allowing for the operation of off-highway vehicles (OHVs) on a roadways under local government jurisdiction and state roadways approved by the Transportation Cabinet; allow a local government to petition the Transportation Cabinet to include state-maintained roadways located within the local government's jurisdiction, for OHV use under local ordinance; prohibits OHV use on fully controlled access highways; outlines OHV ordinance requirements; allow the local government to assess a fee of $30 for an annual OHV permit for Commonwealth residents and $50 for nonresidents; specify that all OHV permits expire on April 1 of each year; permit a local government to contract with a regional authority or a private vendor for the issuance of OHV permits; outline OHV operating requirements for OHV permit holders; require OHV passengers under the age of 18 to wear a helmet; outline OHV signage requirement for local governments and the Transportation Cabinet; require reciprocity between local governments who have passed OHV ordinances; allow the Transportation Cabinet to prohibit the operation of OHVs on any public highway that crosses a state highway or any state highway if deemed in the interest of public safety; outline exemptions; amend KRS 189.515 to conform.
Senate Committee Substitute (1) Retain original provisions; allow local government to pass a pilot project, by ordinance, to allow OHV on roadways; require the local government to have a public meeting prior to passing an OHV ordinance; require public notification of the meeting; outline procedure for a local government to request a state roadway or portion of a state roadway, to be included in their OHV ordinance; expand list of OHV safety and equipment requirements; allow issuance of OHV permits on or after April 1, 2022; require ensuring that an OHV is insured prior to permit issuance; require local government to notify the Transportation Cabinet of any collision involving an OHV that occurred on any roadway approved for OHV use; require a local government to submit an annual report to the General Assembly; direct the Transportation Cabinet to promulgate administrative regulations; amend KRS 189.090 to establish a penalty of $250 for operating an OHV in violation; and provide that provisions sunset on July 1, 2024, unless the General Assembly takes further action.

  CURRENT STATUS

3/1/2021 - received in House

AN ACT relating to solid waste and making an appropriation therefor.

Amend KRS 30A.190 to designate 100 percent of a new open dumping fine to be paid to the county where the violation occurred; amend KRS 65.8808 to expressly include littering and open dumping as crimes subject to enforcement by code enforcement; amend KRS 224.40-100 to allow local governments to impose a civil fine between $250 and $500 for open dumping and prescribe funds to be used for abatement, cleanup and restoration of the illegal dump site; amend KRS 224.99-010 to direct penalties from littering to counties where the offense occurred; amend KRS 431.100 to direct fines from violations under criminal littering to counties for use in cleanup of litter and open dumps and direct 100 percent of new open dumping violation to the county; APPROPRIATION.
Senate Floor Amendment (1) Clarify that District Court shall not enforce against a solid waste management facility operating in compliance with its solid waste management permit and that sections dealing with penalty collection shall not be construed to divert other fines and penalties from the Energy and Environment Cabinet for remediation of open dumps.
House Floor Amendment (1) Clarify that the local ordinance imposing civil fine would not conflict with local governments with existing ordinances on littering and dumping.

  CURRENT STATUS

3/25/2021 - SIGNED BY GOVERNOR; (Acts Ch. 137)

AN ACT relating to medicinal cannabis.

Create various new sections of KRS Chapter 218A to define terms; exempt the medicinal cannabis program from existing provisions in Kentucky law to the contrary; require the Department of Alcoholic Beverage and Cannabis Control implement and regulate the medicinal cannabis program; establish the Division of Medicinal Cannabis and the Board of Physicians and Advisors within the Department of Alcoholic Beverage and Cannabis Control; establish restrictions on the possession and use of medicinal cannabis by cardholders; establish certain protections for cardholders; establish professional protections for practitioners, attorneys, and other professionals; provide for the authorizing of practitioners by state licensing boards to issue written certifications for the use medicinal cannabis; prohibit the consumption of medicinal cannabis by smoking; permit an employer to restrict the possession and use of medicinal cannabis by an employee; require the department to implement and operate a registry identification card program; establish requirements for registry identification cards; require the department to operate a provisional licensure receipt system for cardholders; establish the requirements for a registry identification card and the application process; establish notification requirements for cardholders; establish when a registry identification card may be revoked; establish various cannabis business licensure categories; establish requirements for a cannabis business licensure and the application process for a license; prohibit a practitioner from being a board member or principal officer of a cannabis business; prohibit cross-ownership of certain classes of cannabis businesses; establish rules for local sales, including establishing the process by which a local legislative body may prohibit the operation of cannabis businesses within its territory and the process for local ordinances and ballot initiatives; establish technical requirements for cannabis businesses; establish limits on the THC potency of medicinal cannabis that can be produced or sold in the state; establish cultivation square footage limits for cannabis businesses that are permitted to cultivate; establish procedures for the department to inspect cannabis businesses; establish procedures for the suspension or revocation of a cannabis business license; exempt certain records and information from the disclosure under the Kentucky Open Records Act; require the department to develop, maintain, and operate electronic systems for monitoring the medicinal cannabis program; require the department to promulgate administrative regulations necessary to implement the medicinal cannabis program; establish that nothing in the bill requires government programs or private insurers to reimburse for the cost of use; amend KRS 342.815 to establish that the Employer’s Mutual Insurance Authority shall not be required to provide coverage to an employer if doing so would subject the authority to a violation of state or federal law; amend KRS 216B.402 to require hospital emergency departments to report cases of cannabinoid hyperemesis syndrome to the Department of Alcoholic Beverage and Cannabis Control; amend KRS 218A.010, 218A.1421, 218A.1422, 218A.1423, and 218A.500 to conform; amend KRS 12.020, 12.252, 15.300, 15.380, 15.398, 15.420, 15A.340, 61.592, 62.120, 131.1815, 211.285, 241.010, 241.015, 241.030, 243.025, 243.0307, 243.038, 243.090, 243.360, 438.310, 438.311, 438.313, 438.315, 438.317, 438.320438.325, 438.330, 438.337, and 438.340 to change the name of the Department of Alcoholic Beverage Control to the Department of Alcoholic Beverage and Cannabis Control; some sections EFFECTIVE July 1, 2022.

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1/8/2021 - Introduced

AN ACT relating to solid waste.

Amend KRS 224.40-310 to serially list all the types of facilities under the definition of "waste disposal facility" and prohibit issuance of a permit to construct or expand a waste disposal facility that will result in substantial additional capacity absent submitting notice of intent to be licensed to the local county fiscal court where the facility is located; prescribe time frame.

  CURRENT STATUS

2/2/2021 - (S) Referred to Committee Senate Natural Resources & Energy (S)

AN ACT relating to constables.

Create new sections of KRS Chapter 70 to establish the status of certified constables and certified deputy constables; require 40-hour mandatory annual training for constables and deputy constables; require the Kentucky Constable Association to develop and maintain in-service education courses, offered at night and on weekends throughout the year in various regions across the Commonwealth; require courses to include firearms qualification, emergency vehicle operations, and defensive driving; require constables and deputy constable seeking certification to pay costs of courses unless other funds are available; require county board of elections to notify the association within 60 days after election of constable and, where judge/executive appoints a constable, county clerk to notify the association of appointment providing contact information; for counties with deputy constables, require the constable to provide contact information to the association; require the association to maintain records of training hours completed by constables and deputies; require the association to issue certificates to constables and deputies upon satisfactory completion of training; require the association to maintain a Web site listing of constables and deputies who have and have not completed training; amend KRS 189.910 and 189.920 to include a certified constable's office among the entities using an emergency vehicle; amend KRS 189.950 to require fiscal court approval for non-certified constables' use of emergency equipment and corresponding insurance requirement; amend KRS 70.310 to delete reference to minimum bond for certified constables.

  CURRENT STATUS

1/11/2021 - Introduced

AN ACT relating to abandoned and blighted property.

Create new sections of KRS Chapter 99 to define "abandoned and blighted property," "actively marketed," "building," "competent entity," "conservator," "conservator's fee," "costs of rehabilitation," "historic structure," "immediate family," "local government," "owner," "party in interest," "rehabilitation," and "vacant"; establish the guidelines for filing and serving a petition for the appointment of a conservator to take possession of and undertake the rehabilitation of an abandoned or blighted property and the procedure for hearing the petition; establish the powers and duties of the conservator; provide for the submission of a plan by the conservator to rehabilitate, demolish, or sell the abandoned and blighted property; establish standards for termination of the conservatorship; establish the short title of "Abandoned and Blighted Property Conservatorship Act"; EFFECTIVE January 1, 2022.

  CURRENT STATUS

3/29/2021 - delivered to Secretary of State (Acts Ch. 166)

AN ACT relating to solid waste facilities.

Amend KRS 224.40-315 to limit the exemption for solid waste facilities that receive their own solid wastes to only those whose property is located in the same county where the waste is generated.

  CURRENT STATUS

2/4/2021 - (S) Referred to Committee Senate Natural Resources & Energy (S)

AN ACT relating to pari-mutuel wagering and declaring an emergency.

Amend KRS 230.210 to define "licensed premises," "pari-mutuel wagering," and to amend the definition of "track"; amend KRS 230.361 to restrict wagering at simulcast facilities to pari-mutuel wagering on simulcasting; EMERGENCY.

  CURRENT STATUS

2/22/2021 - SIGNED BY GOVERNOR; (Acts Ch. 8)

AN ACT relating to annexation.

Amend KRS 81A.420 to reduce number to 50% for annexation to fail, amend KRS 81A.425 to require notification of relevant county judge/executive and in certain circumstances the secretary of the Transportation Cabinet and affected property owners; amend KRS 81A.427 relating to infrastructure and annexation to include public roads; amend KRS 81A.510 to include property owners, mayors, and county judge/executives affected in standing in court.

  CURRENT STATUS

2/2/2021 - Introduced

AN ACT relating to child care and declaring an emergency.

Create a new section of KRS 65.870 to 65.879 to establish definitions and requirements on a local government related to certified family child-care homes; amend KRS 199.896 to specify the topics that the Cabinet for Health and Family Services may promulgate administrative regulations related to child-care centers; specify that total number of children and specific class and group sizes for child-care centers cannot be below the level in place on February 1, 2020, except for a period of 30 days; amend KRS 199.8982 related to requirements on a local government regulating certified family child-care homes; EMERGENCY.
Senate Committee Substitute (1) Retain original provisions; delete the new section of KRS 65.870 to 65.879 that established definitions and requirements on a local government related to certified family child-care homes; establish new language to amend KRS 199.8982 related to requirements on a local government regulating certified family child-care homes; EMERGENCY.
Senate Floor Amendment (1) Delete language related to the topics that the Cabinet for Health and Family Services may promulgate administrative regulations related to child-care centers; establish new language related to capacity restrictions on child care class and group sizes for child-care centers cannot be below the level in place on February 1, 2020. EMERGENCY.

  CURRENT STATUS

3/30/2021 - delivered to Secretary of State (Acts Ch. 172)

AN ACT relating to library district boards.

Amend KRS 173.480, relating to public library districts' initial board appointments, to allow a county judge/executive with the approval of the fiscal court to appoint the first members of the newly created library board; amend KRS 173.490, relating to public library districts, to allow a county judge/executive with the approval of the fiscal court to appoint members or fill vacancies of the library board; amend KRS 173.725, relating to petition-created library districts' initial board appointments, to allow a county judge/executive with the approval of the fiscal court to appoint the first members of the newly created library board; amend KRS 173.730, relating to library districts created by petition, to allow a county judge/executive with the approval of the fiscal court to appoint members or fill vacancies of the library board.

  CURRENT STATUS

2/2/2021 - Introduced

AN ACT relating to local government and declaring an emergency.

Create a new section of KRS Chapter 211 to require the Cabinet for Health and Family Services to promulgate regulations regarding splash pads that are operated by local governments; amend KRS 337.285 and 95.495 to allow peace officers in cities of the home rule class to be scheduled for 80 hours or less in a work period of 14 consecutive days under specified conditions; amend KRS 309.364 to direct that the relevant provisions of KRS Chapter 309 supersede specified local government regulations on massage therapists; amend KRS 66.480 relating to the investment of moneys subject to various governing jurisdictions to exclude from the investment maximum of 40% mutual funds consisting of specified investments; amend KRS 58.150, relating to the issuance of bonds, to remove the exception that notes of amounts of less than $1 million are not advertised pursuant to KRS 424.360 and provide that in such a case the publications required under the section are sufficient.
Senate Committee Substitute (1) Retain original provisions of the bill while deleting Sections 2 and 3, relating to peace officer work hours, and Section 4 dealing with the local government regulation of massage therapists.
House Committee Substitute (1) Retain provisions of original bill, but add a non-codified section to require fiscal courts to initiate reapportionment proceedings in 2022 instead of 2021; make Section 4 an EMERGENCY.

  CURRENT STATUS

3/29/2021 - delivered to Secretary of State (Acts Ch. 152)

COMMENTS

Amended to include apportionment delay language from HB 566. SUPPORT.

AN ACT relating to telecommunications for inmates in jails.

Create a new section of KRS Chapter 441 to provide oversight protocols to telecommunications services provided by jails for inmates.

  CURRENT STATUS

2/10/2021 - (S) Referred to Committee Senate State & Local Government (S)

AN ACT relating to statewide mobile food units.

Amend KRS 217.005, 217.125, 217.126, and 217.128 to establish standards for statewide mobile food units; create a new section of KRS Chapter 217 to establish operational, inspection, and regulation standards for statewide mobile food units; amend KRS 217.136, 217.137, 304.17A-741; 315.010; and 411.600 to conform.

  CURRENT STATUS

2/9/2021 - Introduced

AN ACT relating to first responders.

Create a new section of KRS Chapter 518 to create the misdemeanor of unauthorized capture of photographic or videographic images by a first responder.

  CURRENT STATUS

3/12/2021 - (H) Returned to Committee House Committee on Committees (H)

AN ACT relating to pretrial release.

Amend KRS 431.066 and 431.520 to require that conditions of pretrial release for a person released on an unsecured bond be the least restrictive to reasonably mitigate the risk of flight or danger to others.

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2/25/2021 - Senate Judiciary (S), (Bill Scheduled for Hearing)

AN ACT relating to sentencing by juries.

Amend KRS 532.055 to allow a jury to recommend that a Class D felony be designated and sentenced as a Class A misdemeanor if the jury finds that a felony conviction would be unduly harsh; amend KRS 532.080 to allow a jury to decide whether a person found to be a persistent felony offender should be sentenced to an increased term of imprisonment, rather than imposing automatic increases in sentencing.

  CURRENT STATUS

2/11/2021 - (S) Referred to Committee Senate Judiciary (S)

AN ACT to the highway construction contingency account and making an appropriation therefor.

Amend KRS 45.247, regarding the state construction contingency account, to specify uses of moneys in the account; mandate the any unspent balance at the end of a fiscal year in excess of 10% of the previous year's annual appropriation be transferred to the state construction account; amend KRS 176.432 to require reporting of highway construction contingency account expenditures monthly, rather than quarterly; amend KRS 224.43-505 to specify that the entire $5 million annual Road fund transfer to the Kentucky Pride fund be taken for the highway construction contingency account.

  CURRENT STATUS

2/11/2021 - (S) Referred to Committee Senate Transportation (S)

AN ACT relating to recorded instruments.

Create a new section of KRS Chapter 67 to define "recorded instrument" and "portal"; require county clerks to be open for reviewing and obtaining copies of recorded instruments for 40 hours a week unless they maintain a portal that allows the public to search for electronic copies of recorded instruments; establish deadlines for county clerks to maintain portals for the filing and searching of recorded instruments; create a task force on issues regarding the implementation of electronic recording, fees or functions of the county clerk in the recording of documents, closure of county clerk offices due to an emergency,and related issues; report by December 1, 2021.

  CURRENT STATUS

3/1/2021 - (S) Returned to Committee Senate Judiciary (S)

AN ACT relating to preserving the right of Kentuckians to own and use firearms and declaring an emergency.

State legislative findings; create a new section of KRS Chapter 237 to declare that all federal laws and regulations commandeering state or local law enforcement to enforce federal restrictions of firearms are invalid and of no effect in Kentucky and that the General Assembly has the duty to enact all measures to prevent their enforcement; that the General Assembly has the duty to protect and defend the state and federal constitutions; that proposed presidential actions relating to the acquisition, possession, and use of firearms and accessories are violative of presidential powers and citizens' rights under the federal constitution; provide retroactive application back to January 1, 2018; EMERGENCY.

  CURRENT STATUS

2/22/2021 - (S) Referred to Committee Senate Veterans, Military Affairs, & Public Protection (S)

AN ACT relating to stream and wetland mitigation.

Create new sections of KRS Chapter 150 to define "compensatory mitigation," "compensatory mitigation project," "compensatory mitigation site," "DA permit," "mitigation credit," " in-lieu fee program," "in-lieu fee program instrument," "mitigation bank," "mitigation credit," "service area," and "mitigation liability"; re-establish the Kentucky wetland and stream mitigation fund in a newly created section; require funds representing an unsatisfied liability under the 2008 Mitigation Rule issued by the Department of Army to be put out for contract under KRS Chapter 45A; require the Department of Fish and Wildlife Resources to make a report to the LRC that describes the in-lieu fee program and unsatisfied liabilities in service areas by December 1 of each year; allow the state to hold a permanent easement in lands acquired by it or proposed to it by a mitigation bank; require entities to have financial surety; amend KRS 150.255 to specify how governmental and non-governmental agencies satisfy compensatory mitigation; stipulate that when the unsatisfied mitigation liability reaches 2 million dollars the in-lieu fee program shall purchase credits or issue an RFP for a commodity purchase; specify the procurement for full-delivery and the actions for mitigation on the site under the full-delivery approach; allow for compensatory mitigation to be a capital construction project with the Commonwealth holding a conservation easement or some other environmental covenant or restriction; identify requirements for responsive bidders; APPROPRIATION.
Senate Committee Substitute (1) Delete all sections of SB 261; amend KRS 150.255 to add a report by the Kentucky Stream and Wetland Mitigation fund to the Legislative Research Commission; create a 13 member In-Lieu Fee Stream and Wetland Mitigation Task Force; specify the mission of the task force to examine process, impediments, and improvements to delivering compensatory mitigation by the in-lieu fee program operated by the Kentucky Department of Fish and Wildlife Resources; require the task force to meet at least four times during the 2021 interim and to submit findings, recommendations, or memorandum to the Legislative Research Commission by November 30, 2021.

  CURRENT STATUS

3/11/2021 - received in House

AN ACT relating to local government.

Create a new section of KRS Chapter 81A to establish procedures for cities wholly contained within 2 counties when those cities wish to annex territory in an additional county; amend KRS 81A.410 to accommodate the types of annexations under the provisions of the first section; amend KRS 68.197 to establish a base revenue for the license fees for counties when both the city and the county levy license fees and the city annexes territory in that county as well as controlling for changes in revenues and rates.
Senate Committee Substitute (1) Retain original provisions of the bill, except replace reference to KRS 81A.420 with KRS 81A.412 in Section1(2)(a) of the Act.

  CURRENT STATUS

3/28/2021 - BECAME LAW WITHOUT GOVERNOR'S SIGNATURE; (Acts Ch. 145)

A CONCURRENT RESOLUTION reestablishing the Public Water and Wastewater System Infrastructure Task Force.

Reestablish the Public Water and Wastewater System Infrastructure Task Force; direct the task force to receive reports from the Energy and Environment Cabinet and continue to evaluate policy options on how to address Kentucky's troubled public water and wastewater systems; name the membership of the task force; require the task force to meet at least three times during the 2021 Interim and to submit its findings, legislative recommendations, or a memorandum to the Legislative Research Commission by November 30, 2021; provide that the Legislative Research Commission is authorized to alternatively assign the issues to be addressed by the task force to an interim joint committee or subcommittee thereof and to assign an alternative study completion date.

  CURRENT STATUS

2/3/2021 - Introduced