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Legislative Report April 16, 2024
Prepared by: Kentucky League of Cities
Bill Information
CIVIL JUSTICE REFORM
(MCCOY, CHAD)

AN ACT relating to civil justice reform.

Create new sections of KRS Chapter 411 to lift the statute of limitations for certain lawsuits where comparative fault is an issue; extend the statute of limitations for one year for plaintiffs who submit claims regarding long-term-care facilities to an evaluation process; exempt passive investors from liability in claims against long-term-care facilities.

  CURRENT STATUS

3/19/2020 - (S) Referred to Committee Senate Judiciary (S)

Position

Under Evaluation

FIRE DISTRICTS
(NEMES, JASON)

AN ACT relating to fire districts.

Amend KRS 75.040 to deem that emergency ambulance service provided by a fire protection district, volunteer fire department district, or subdistrict, is the primary emergency ambulance service within the district or subdistrict in the boundaries of the county containing the largest population within the district boundaries; add a method for boards of trustees to declare that the district or subdistrict is not the primary provider of emergency ambulance service within the district; declare status for secondary providers of emergency ambulance service; require that the additional tax moneys allowed for being a primary provider are no longer allowable; and require local governments providing secondary emergency ambulance service within the district or subdistrict within the boundaries of the county containing the largest population within the district boundaries to credit the amount of taxes paid by taxpayers of the district or subdistrict for emergency ambulance service to the taxes owed to the local government by the taxpayer.

  CURRENT STATUS

2/10/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Support

VACANCIES IN OFFICE
(YATES, LES)

AN ACT relating to vacancies in elective office.

Amend KRS 83A.165, 118.115, 118.165, 118.365, 118.375, and 118A.100 to extend by ten calendar days the deadline for filing nomination papers to fill an unexpired term if the vacancy occurs five calendar days or less before the prescribed deadline; amend KRS 118.225 to conform; amend KRS 132.380 to require an examination whenever there is a vacancy in the office of property valuation administrator and to direct that the certificates of any examination shall remain valid for four years.

  CURRENT STATUS

1/23/2020 - House Elections, Const. Amendments & Intergovernmental Affairs (H), (Bill Scheduled for Hearing); Time & Location:

Position

Support

DUALLY EMPLOYED RETIREMENT SYSTEM MEMBERS
(TIPTON, JAMES)

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, 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

1/27/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Support

BENEFICIARY CHANGE AFTER RETIREMENT
(WHEATLEY, BUDDY)

AN ACT relating to changing beneficiaries after retirement in state-administered retirement systems.

Amend KRS 61.542 to allow a retiree who experiences a qualifying event, including marriage, remarriage, the birth or adoption of a child, or the death of a designated beneficiary, to elect to change his or her beneficiary and optional payment plan provided the election is made within 120 days of the qualifying event on a form prescribed by the Kentucky Retirement Systems and provide that in the case of a divorce, annulment, or dissolution of marriage, the retiree's estate shall become the beneficiary; amend KRS 61.590, 61.615, and 61.630 to conform; amend KRS 161.630 to expand the qualifying events for which a retiree may elect to change his or her beneficiary and optional payment plan to include a birth or adoption of a child in addition to marriage, remarriage, and the death of a beneficiary, require that the election be made within 120 days of the qualifying event on a form prescribed by the Teachers' Retirement System, and make technical corrections; amend KRS 161.480 to conform.

  CURRENT STATUS

2/28/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Support

MEDICINAL CANNABIS
(NEMES, JASON)

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

Create various new sections of KRS Chapter 218A to define terms; to exempt the medicinal marijuana program from existing provisions in Kentucky law to the contrary; to require the Department for Alcoholic Beverage and Cannabis Control to implement and regulate the medicinal marijuana program in Kentucky; to establish the Division of Medicinal Marijuana within the Department of Alcoholic Beverage and Cannabis Control; to establish restrictions on the possession of medicinal marijuana by qualifying patients, visiting patients, and designated caregivers; to establish certain protections for cardholders; to establish professional protections for practitioners; to provide for the authorizing of practitioners by state licensing boards to issue written certifications for the use medicinal marijuana; to establish professional protections for attorneys; to prohibit the possession and use of medicinal marijuana on a school bus, on the grounds of any preschool or primary or secondary school, in a correctional facility, any property of the federal government, or while operating a motor vehicle; to prohibit smoking of medicinal marijuana; to permit an employer to restrict the possession and use of medicinal marijuana by an employee; to require the department to implement and operate a registry identification card program; to establish requirements for registry identification cards; to establish registry identification card fees; to require the department to operate a provisional licensure receipt system; to establish the application requirements for a registry identification card; to establish when the department may deny an application for a registry identification card; to establish certain responsibilities for cardholders; to establish when a registry identification card may be revoked; to establish various cannabis business licensure categories; to establish tiering of cannabis business licenses; to require certain information be included in an application for a cannabis business license; to establish when the department may deny an application for a cannabis business license; to prohibit a practitioner from being a board member or principal officer of a cannabis business; to prohibit cross-ownership of certain classes of cannabis businesses; to 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; to establish technical requirements for cannabis businesses; to establish limits on the THC content of medicinal marijuana that can be produced or sold in the state; to establish requirements for cannabis cultivators, including cultivation square footage limits; to establish requirements for cannabis dispensaries; to establish requirements for safety compliance facilities; to establish requirements for cannabis processors; to establish procedures for the department to inspect cannabis businesses; to establish procedures for the suspension or revocation of a cannabis business license; to exempt certain records and information from the disclosure under the Kentucky Open Records Act; to require the department to develop, maintain, and operate electronic systems for monitoring the medicinal marijuana program; to require the department to promulgate administrative regulations necessary to implement the medicinal marijuana program; to establish that nothing in the bill requires government programs or private insurers to reimburse for the cost of use; to establish the medicinal marijuana trust fund; to establish the local medicinal marijuana trust fund; and to establish procedures for the distribution of local cannabis trust fund moneys; create a new section of KRS Chapter 138 to establish an excise tax of 12% for cultivators and processors for selling to dispensaries; to require that 80% of the revenue from the excise taxes be deposited into the medicinal marijuana trust fund; to require that 20% of the revenue from the excise taxes be deposited into the local medicinal marijuana trust fund; 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 marijuana from the state sales tax; amend KRS 218A.010, 218A.1421, 218A.1422, 218A.1423, and 218A.500 to conform; amend KRS 12.020 to change the name of the Department of Alcoholic Beverage Control to the Department of Alcoholic Beverage and Cannabis Control and to create the Division of Medicinal Marijuana; and amend KRS 12.252, 15.300, 15.380, 15.398, 15A.340, 15.420, 61.592, 62.160, 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, 438,320, 438.325, 438.330, 438.337, and 438.340 to conform; EFFECTIVE January 1, 2021; APPROPRIATION.

  CURRENT STATUS

3/2/2020 - (S) Referred to Committee Senate Judiciary (S)

Position

Support

WAGERING
(KOENIG, ADAM)

AN ACT relating to wagering and making an appropriation therefor.

Establish KRS Chapter 239 and create new sections to define "adjusted gross revenue," "beginner," "cabinet," "confidential information," "entry fee," "fantasy contest," "fantasy contest operator," "fantasy contest participant", "highly experienced player," "immediate family," "location percentage," "person," "principal stockholder," "registered fantasy contest operator," "script," "secretary," and "wager"; establish requirements for registration as a fantasy contest operator; require the cabinet to promulgate administrative regulations for the operation of fantasy contests; establish the wagering administration fund and direct the uses of that fund; establish the Kentucky problem gambling assistance account and direct the uses of that account; require an annual audit of fantasy contest registrants; establish requirements for fantasy contest procedures; amend KRS 230.210 to define "professional sports venue" and "sports wagering"; create new sections of KRS Chapter 230 to require the racing commission to institute a system of sports wagering at tracks and other specified locations; limit the types of events upon which wagers may be placed; amend KRS 230.215 to declare the intent to allow citizens to enjoy sports wagering and allow the racing commission to promulgate administrative regulations prescribing conditions under which sports wagering is to be conducted; amend KRS 230.225, 230.240, and 230.260 to include sports wagering; create a new section of KRS Chapter 230 to establish sports wagering licensure requirements; amend KRS 230.320 to conform; amend KRS 230.361 to include sports wagering; amend KRS 230.3615 to conform; create a new section of KRS Chapter 138 to define "adjusted gross income" and impose a tax on sports wagering; amend KRS 230.362, 230.363, 230.364, 230.365, 230.366, 230.369, 230.371, 230.372, 230.373, 230.374, and 230.750 to conform; create a new section of KRS Chapter 230 to prohibit participants from wagering on events in which they participate and to prohibit tampering with the outcome of a sporting event; amend KRS 230.990 to provide penalties for participants who wager on sporting events or tamper with the outcome of a sporting event; amend KRS Chapter 154A.010 to define "net poker revenue," "online poker," and "rake; amend KRS 154A.050 and 154A.060 to include conducting online poker games; amend KRS 154A.063 to delete restriction on playing cards and where winners are based on the outcome of a sports contest; amend KRS 154A.070 to include online poker; amend 154A.110 to prohibit anyone under 18 from placing a wager through an online poker game; amend KRS 154A.120 to include online poker; amend KRS 154A.130 to exempt online poker; create new sections of KRS Chapter 154A to require licensure for online poker games; require the Lottery Corporation to promulgate requirements in conformance with federal law for providers through administrative regulations; establish licensing fees; impose a gaming fee on providers; establish the Kentucky Lottery Corporation online poker account and provide for the uses of the funds deposited therein; amend KRS 154A.600 to include online poker; amend KRS 243.500 to exempt sports wagering and online poker; amend KRS 525.090 to exempt sports wagering; amend KRS 528.010 to exempt fantasy contests, sports wagering, and online poker and the devices used in the conduct of those forms of wagering; amend KRS 528.020, 528.070, and KRS 528.080 to exempt fantasy contests, sports wagering, and online poker; create a noncodified section to assert that the provisions of the Act are severable.

  CURRENT STATUS

3/17/2020 - (H) recommitted to committee House Licensing, Occupations, & Admin Regs (H)

Position

Neutral

KENTUCKY EMPLOYEES RETIREMENT SYSTEM
(DUPLESSIS, JIM)

AN ACT relating to retirement costs for Kentucky Retirement Systems employers, declaring an emergency, and making an appropriation therefor.

Repeal, reenact, and amend KRS 61.565 to change the Kentucky Employees Retirement System's nonhazardous employer contribution payable on or after July 1, 2020, from a percentage of pay for both the normal cost contribution and the actuarially accrued liability contribution to a normal cost that is a percent of pay and an actuarially accrued liability contribution that is a set dollar amount; provide that the set dollar amount for the actuarially accrued liability contribution for KERS nonhazardous funds shall be allocated to each individual employer based upon the employer's percent share of the liability as of the June 30, 2019 actuarial valuation and shall be paid by employers in equal installments monthly; provide criteria for when adjustments to the dollar value and percent share may occur; make technical, clerical, and conforming amendments and to conform to a recent court decision; create a new section of KRS Chapter 42 to establish the Kentucky retirement contribution assistance fund; provide that the purpose of the fund shall be to assist health departments, community mental health centers, and certain other quasi-governmental employers in the Kentucky Employees Retirement System with financial assistance in paying employer contribution rates to the system; specify that funds shall be disbursed by the state budget director and provide criteria for disbursement; amend KRS 61.510 to confirm to a recent court decision as it relates to a definition used for purposes of KRS 61.565; provide that Kentucky Retirement Systems shall amend the 2019 actuarial valuation in accordance with the amendments to KRS 61.565 in this Act and provide updated employer contributions to the Governor and General Assembly; APPROPRIATION; EMERGENCY.

  CURRENT STATUS

3/19/2020 - (S) Returned to Committee Senate State & Local Government (S)

Position

Neutral

PUBLIC RECORDS
(FREELAND, CHRIS)

AN ACT relating to public records and declaring an emergency.

Amend KRS 61.878 to exclude from the Open Records Act gruesome photographs or videos of persons prepared, owned, used, possessed, or retained by public agencies.

  CURRENT STATUS

3/18/2020 - (S) Returned to Committee Senate State & Local Government (S)

Position

Support

FIRE PROTECTION
(ROTHENBURGER, ROB)

AN ACT relating to fire protection and making an appropriation therefore

Amend KRS 95A.520 and 95A.540, relating to volunteer fire department mergers, to make it applicable to volunteer fire departments merging prior to the effective date of the Act; create a new section of KRS Chapter 95A to provide that for volunteer fire departments merging after the effective date of the Act, the Fire Commission shall pay to the departments the number of qualified shares of volunteer fire department aid each is entitled to for a period of 20 years after the date of the merger, upon the expiration of which the merged department shall receive only one share; provide contingency protocols if the merged fire department becomes unqualified; amend KRS 95A.540 to apply contingency protocols of new volunteer fire department for fire departments merging prior to the effective date of the act; create a new section of KRS Chapter 95A to provide a contingency protocol if a new volunteer fire department is created out of the merged one during the 20 year period; amend KRS 95A.262 to increase the volunteer fire department aid to $15,000 annually from $11,000 annually.

  CURRENT STATUS

3/18/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Support

SALES AND USE TAX EXEMPTIONS
(TIPTON, JAMES)

AN ACT relating to sales and use tax exemptions.

Amend KRS 139.480 to exempt from sales and use tax tangible personal property purchased by a person for incorporation into a structure or improvement to real property under a contract with the federal, state, or local government, or a resident, nonprofit educational, charitable, or religious institution; apply to sales made after October 1, 2020, but before October 1, 2024; require the Department of Revenue to report the claimed exemptions to the Interim Joint Committee on Appropriations and Revenue; amend KRS 131.190 to give the Department authority to provide the report to LRC.

  CURRENT STATUS

1/9/2020 - (H) Referred to Committee House Appropriations & Revenue (H)

Position

Support

ACTUARIAL ANALYSIS ON RETIREMENT BILLS
(MILLER, JERRY T.)

AN ACT relating to actuarial analysis on retirement bills.

Amend KRS 6.350 to establish additional requirements for the completion of the actuarial analysis required for bills pertaining to state-administered retirement systems; specify additional requirements to be projecting costs/savings over a 30 year period rather than 20 years, completing the analysis in a format established by the Legislative Research Commission, and requiring the front page of the analysis to include summary information.

  CURRENT STATUS

3/18/2020 - (S) Returned to Committee Senate State & Local Government (S)

Position

Support

LOCAL GOVERNMENT LEGAL ADVERTISEMENTS
(MILLER, JERRY T.)

AN ACT relating to the publication of local government legal advertisements.

Create a new section of KRS 424.110 to 424.370 to give local governments the option to post required advertisements online on a notice Web site operated by local government in lieu of newspaper publication, so long as a one-time advertisement is published in an actual newspaper; specify requirements for advertisements published on the notice Web site and in an actual newspaper; specify rights of public and duties of local government; set out consequences of local government's failure to publish as required by law; provide penalty.

  CURRENT STATUS

4/14/2020 - delivered to Secretary of State (Acts ch. 87)

Position

Support

KENTUCKY RETIREMENT SYSTEMS
(MILLER, JERRY T.)

AN ACT relating to the Kentucky Retirement Systems.

Housekeeping legislation for the Kentucky Retirement Systems; amend KRS 16.578 and 61.640 to apply the alternate death calculation to and reinstate the life annuity, 60 months certain, actuarial refund, and Social Security adjustment retirement options as written prior to 2009 legislation; amend KRS 61.598 to establish a minimum salary increase of 10% plus $1,000 over the prior year's salary in order for employee anti-pension spiking measures to apply; amend KRS 61.645 to remove requirement that Kentucky Retirement Systems' board election ballots be returned to a Kentucky post office box, rather than out-of-state vendor, remove requirement that ballot counting vendor be an actuarial firm, and make other conforming changes; amend KRS 61.510, 61.637, and 78.510 to change period under which reemployment of retiree would void status as a volunteer from 24 months to 12 months consistent with other retired reemployed categories; amend KRS 61.540 to remove requirement that failure to file statement of facts by member and employer will result in no benefits paid in order to conform language to other provisions in chapter; amend KRS 61.565 to use as maximum the rate for employers participating in the County Employees Retirement System, a factor of 1.12 over the prior fiscal year's contribution rate instead of language referencing projected dollars.

  CURRENT STATUS

2/3/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Under Evaluation

KENTUCKY LAW ENFORCEMENT COUNCIL
(ROTHENBURGER, ROB)

AN ACT relating to the Kentucky Law Enforcement Council.

Amend KRS 15.315, relating to the Kentucky Law Enforcement Council, to add the president of the Kentucky chapter of the Association of Public Safety Communications Officials and the president of the Kentucky chapter of the National Emergency Number Association to the membership of the council; amend KRS 15.320 to establish quorum of the reconstituted council to 14 members.

  CURRENT STATUS

2/24/2020 - (S) Referred to Committee Senate Veterans, Military Affairs, & Public Protection (S)

Position

Neutral

INVESTIGATION OF TRAFFIC ACCIDENTS
(ELLIOTT, DANIEL)

AN ACT relating to the investigation of traffic accidents.

Create a new section of KRS Chapter 189 to require local law enforcement agencies having jurisdiction to investigate all traffic accidents involving a fatality that occur on state-maintained highways; specify that if a local law enforcement agency does not have an accident reconstruction unit or similar expertise, the Kentucky State Police shall perform the investigation; amend KRS 16.065 to conform; cite as the John Carter Knight Act of 2020.

  CURRENT STATUS

3/2/2020 - (S) Referred to Committee Senate Transportation (S)

Position

Neutral

PEACE OFFICERS HOURS OF WORK
(JENKINS, JONI L.)

AN ACT relating to peace officer hours of work.

Amend KRS 337.285 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 95.495 to conform.

  CURRENT STATUS

3/19/2020 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

Position

Support

LOCAL GOVERNMENT PAYMENT FOR PURCHASES
(ROTHENBURGER, ROB)

AN ACT relating to local government payment for purchases and standing orders, and declaring an emergency.

Amend KRS 65.140 to enable payment for the purchase of goods or services by local government to be made by the party responsible; provide for documentation of purchaser disapproval; amend KRS 68.275 to authorize county judge/executive to pay claims as a requirement of state or federal law or regulation and, present those claims to fiscal court for review following payment;EMERGENCY.

  CURRENT STATUS

2/7/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Support

CONSOLIDATED EMERGENCY SERVICES DISTRICTS
(MASSEY, C. ED)

AN ACT relating to consolidated emergency services districts and making an appropriation therefor.

Create various sections of KRS Chapter 65 to define terms; establish procedures for the creation of a consolidated emergency services district; authorize that certain local government officials shall appoint the board of trustees of the district; provide a formula for determining the number of elected members, qualifications of elected members, terms, non-partisan elections, nomination procedures, removal, and district apportionment requirements; establish officers of the district and compensation of officers; provide $100 per day to appointees, elected members compensated pursuant to KRS 64.527; establish the quorum of the board; establish an advisory committee, number, qualifications of appointees, duties of committee and compensation of members; exceed $0.30 per $100 valuation, allow for ballot question for expanded taxation for additional services to be provided, and provide that the additional tax may be either an ad valorem or occupational license tax; allow the board to levy an insurance premium tax or an occupation and license tax; declare that upon creation of a district, the board assumes all duties, responsibilities, and liabilities of former departments or districts, former jurisdictions to be special taxing districts until indebtedness is relieved and that all previously entered into interlocal agreements shall remain in force for their duration; set requirements relating to CERS; amend KRS 65.180 to define consolidated emergency services district as a "taxing districts"; amend KRS 68.180 to grant districts in counties over 300,000 the power to levy a license and occupation tax; amend KRS 68.197 to grant districts in counties over 30,000 the power to levy a license and occupation tax; amend KRS 75.020 to include creation of a district within the definition of merger; amend KRS 78.530 to allow for any districts, not all to be excluded from the provisions; amend KRS 91A.080 to include consolidated emergency services districts; amend KRS 95A.500 to allow the district to receive qualified shares of merged fire districts; amend KRS 118.305 to place elected trustees on ballot; amend KRS 118.315 to include nominating petitions for elected trustees; amend KRS 134.119 to provide that the sheriff shall be compensated for collecting taxes for consolidated emergency service districts; APPROPRIATION.

  CURRENT STATUS

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

Position

Oppose

LAW ENFORCEMENT SEIZURE AND FORFEITURE
(MADDOX, SAVANNAH)

AN ACT relating to law enforcement seizure and forfeiture of money and other property, making an appropriation therefor, and declaring an emergency.

Amend KRS 218A.440 to require all law enforcement agencies to electronically submit asset seizure-and-forfeiture reporting forms with the Justice and Public Safety Cabinet, declaring whether or not the agency seized or forfeited money or property pursuant to KRS 218A.415; require the Justice and Public Safety Cabinet to notify any law enforcement agency that did not file, to allow the agency an additional 30 days to file, and if the agency still does not file, refer the agency to the Attorney General for civil action; provide a $500 late filing fee; require the Justice and Public Safety Cabinet to provide an annual report to the Attorney General, the Legislative Research Commission, and the Interim Joint Committee on Judiciary; amend KRS 218.405 to define "law enforcement agency"; EMERGENCY; APPROPRIATION.

  CURRENT STATUS

3/19/2020 - floor amendments (3) and (4-title) filed

Position

Neutral

BROADBAND SERVICE
(PRATT, PHILLIP)

AN ACT relating to broadband service.

Amend KRS 154.15-010 to add definitions for "broadband service", "eligible entity", "unserved area", "wholesale network access"; amend KRS 154.15-020 to require the Kentucky Communications Network Authority to offer wholesale access to the excess capacity on KentuckyWired only in unserved areas.

  CURRENT STATUS

2/18/2020 - (H) recommitted to committee House Appropriations & Revenue (H)

Position

Under Evaluation

COUNTY CLERK FEES
(FISCHER, JOSEPH M.)

AN ACT relating to county clerk fees and declaring an emergency.

Amend KRS 64.012 to add affidavits of conversion or severance, assignments of release, and statements of authority as to real property to the list of filings with a specified fee; specify that the $10 permanent storage fee is to accrue throughout the county clerk's term; amend KRS 186A.298 and 273A.020 to conform.

  CURRENT STATUS

3/17/2020 - (H) recommitted to committee House Appropriations & Revenue (H)

Position

Support

SUPPLEMENTAL PAYMENTS TO POLICE OFFICERS
(PRUNTY, MELINDA GIBBONS)

AN ACT relating to supplemental payments to police officers.

Amend KRS 15.420 to include members of joint task forces who do not currently receive an annual supplement.

  CURRENT STATUS

3/17/2020 - (H) recommitted to committee House Appropriations & Revenue (H)

Position

Support

REGULATORY LICENSING FEES
(PRATT, PHILLIP)

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, 2017, to impose a fee within two years of the date of the Act.

  CURRENT STATUS

3/4/2020 - House Local Government (H), (Bill Scheduled for Hearing); Time & Location:

Position

Support

REVENUE MEASURES
(RUDY, STEVEN)

AN ACT relating to revenue measures and declaring an emergency.

Amend KRS 138.130 to define terms for taxes on tobacco products; amend KRS 138.140 to increase the surtax on cigarettes and the excise tax on chewing tobacco, snuff, and tobacco products effective July 1, 2020; impose an excise tax on vapor products effective July 1, 2020; remove exemption for modified risk tobacco products; amend KRS 138.143 to impose a floor stock tax on cigarettes, all forms of tobacco products, and vapor products; amend KRS 141.0401 to increase the minimum limited liability entity tax to $225, currently $175; apply increase in limited liability entity tax to taxable years beginning on or after January 1, 2020; EMERGENCY.

  CURRENT STATUS

4/15/2020 - delivered to Secretary of State

Position

Support

APPROPRIATIONS AND REVENUE MEASURES
(RUDY, STEVEN)

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.

The State/Executive Branch Budget: Detail Part I, Operating Budget; appropriate to General Government: 2019-2020: $21,535,000, 2020-2021: $1,793,871,500, 2021-2022: $1,813,688,900; appropriate to the Economic Development Cabinet: 2020-2021: $33,195,900, 2021-2022: $36,055,300; appropriate to the Department of Education: 2020-2021: $5,183,508,800, 2021-2022: $5,228,565,200; appropriate to the Education and Workforce Development Cabinet: 2020-2021: $615,595,100, 2021-2022: $617,246,200; appropriate to the Energy and Environment Cabinet: 2019-2020: $700,000, 2020-2021: $272,541,300, 2021-2022: $253,649,300; appropriate to the Finance and Administration Cabinet: 2019-2020: $2,800,000, 2020-2021: $1,000,424,300, 2021-2022: $972,192,200; appropriate to the Health and Family Services Cabinet: 2020-2021: $15,007,584,100, 2021-2022: $15,285,043,300; appropriate to the Justice and Public Safety Cabinet: 2019-2020: $17,216,900, 2020-2021: $1,345,687,300, 2021-2022: $1,369,130,400; appropriate to the Labor Cabinet: 2020-2021: $202,693,700, 2021-2022: $204,407,600; appropriate to the Personnel Cabinet: 2020-2021: $64,171,200, 2021-2022: $64,610,500; appropriate to Postsecondary Education: 2019-2020: $497,400, 2020-2021: $8,536,480,700, 2021-2022: $8,930,169,100; appropriate to the Public Protection Cabinet: 2020-2021: $129,067,100, 2021-2022: $129,301,700; appropriate to the Tourism, Arts and Heritage Cabinet: 2019-2020: $2,700,000, 2020-2021: $275,773,400, 2021-2022: $281,291,000; appropriate to the Budget Reserve Trust Fund: 2020-2021: $10,000,000, 2021-2022: $0; not included in the appropriation amounts are capital project amounts as follows: 2019-2020: $7,500,000, 2020-2021: $6,537,358,500, 2021-2022: $249,695,600; 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.

  CURRENT STATUS

4/15/2020 - delivered to Secretary of State

Position

Under Evaluation

TRANSPORTATION CABINET APPROPRIATIONS
(RUDY, STEVEN)

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.

The Transportation Cabinet Budget: appropriate from the General Fund, Restricted Funds, Federal Funds, and Road Fund $4,265,500 in fiscal year 2019-2020, $2,430,720,400 in fiscal year 2020-2021, and $2,393,284,000 in fiscal year 2021-2022 for operating costs; appropriate from Road Fund and Investment Income for various capital projects; require the Secretary of the Transportation Cabinet to produce a document detailing the 2020-2022 Biennial Highway Construction Program and the Highway Preconstruction Program; provide debt service to the General Administration and Support budget unit; allow the Transportation Cabinet to receive funds and services for the Adopt-A-Highway Litter Program; provide funds for Aviation's operational costs; provide debt service to the Aviation budget unit; provide funds for Economic Development Road lease-rental payments; provide that no portion of the revenues to the state Road Fund accrue to the Debt Payment Acceleration Fund account; provide debt service for Grant Anticipation Revenue Vehicle (GARVEE) Bonds; provide funds for the State-Supported Construction Program, Biennial Highway Construction Program, Highway Construction Contingency Account, and the Kentucky Pride Fund; authorize projects in the 2018-2020 Biennial Highway Construction Plan to continue into the 2020-2022 biennium; authorize the Transportation Cabinet to match federal highway moneys; prioritize projects should any additional federal highway moneys become available; authorize the Transportation Cabinet to continue the Cash Management Plan and to make programmatic adjustments; provide for carry forward of any unexpended Road Fund appropriations in the Highways budget unit for various programs; provide for the transfer of Road Fund resources for judgments; authorize the Transportation Cabinet to maximize the use of Toll Credits; provide funds for the County Road Aid Program, the Rural Secondary Program, the Municipal Road Aid Program, and the Energy Recovery Road Fund; stipulate that each County Judge/Executive not serving in a consolidated local government shall receive an annual expense allowance of $2,400 to be paid quarterly from the Rural Secondary Program; provide debt service to the Vehicle Regulation budget unit; provide for Capital Construction Fund appropriations and reauthorizations; provide for the expiration of existing line-item capital construction projects; allow investment income earned from bond proceeds beyond that which is required to satisfy IRS arbitrage rebates and penalties and excess bond proceeds upon the completion of a bond-financed capital project to be used to pay debt service; allow for appropriations for projects not line-itemized; authorize various capital projects; specify funds transfers.

  CURRENT STATUS

4/15/2020 - delivered to Secretary of State

Position

Under Evaluation

ROAD PROJECTS
(RUDY, STEVEN)

AN ACT relating to road projects and declaring an emergency.

Set out the 2020-2022 Biennial Highway Construction Plan; EMERGENCY.

  CURRENT STATUS

4/15/2020 - delivered to Secretary of State

Position

Under Evaluation

COURT COSTS
(BLANTON, JOHN)

AN ACT relating to court costs and making an appropriation therefor.

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

  CURRENT STATUS

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

Position

Neutral

FERTILIZER AND PESTICIDE USE AND APPLICATION
(HART, MARK)

AN ACT relating to fertilizer and pesticide use and application.

Repeal and reenact KRS 217B.040 to define terms; repeal and reenact KRS 217B.140 to clarify the procedures for claims of, and investigations into, pesticide misuse by an applicator; repeal and reenact KRS 217B.500 to define terms; amend KRS 217B.505 to reduce the number of board members from seven to six on the Structural Pest Management Advisory Board; require that the board meet no less than two times per year; repeal and reenact KRS 217B.515 to establish the registration and examination requirements for any person engaging in structural pest management or structural fumigation; specify licensing requirements for any persons holding only a termite or general pest control license or a fumigation license; establish that licenses shall expire annually; authorize the department to promulgate administrative regulations relating to structural pest management and structural fumigation; allow the department to assess fees for such licenses and costs related to the administration of examinations; amend various sections of KRS Chapter 217B to remove limitations on fees for pesticide-related licenses and make technical corrections; remove the requirement that pesticide-related license applications must include details of any equipment used by the applicant to apply pesticides; remove set fees for pesticide operator licenses; remove the set fees for pesticide application licenses; authorize the Department of Agriculture to set fees for noncommercial licenses; authorize the department to issue noncommercial applicator licenses to, and waive fees for, qualifying prison inmates and other incarcerated persons; remove the specific amount for pesticide dealer registration fees and annual renewal fees; remove the specific amount for pesticide dealer branch office registration fees and annual renewal fees; specify violations for which the department may assess civil penalties; specify eligibility requirements for commercial licensing, noncommercial licensing, dealer registration, or structural pest management company registration provisions shall not apply; remove the specific amount for pesticide sales agent license registration fees and annual renewal fees; remove the specific amount for pesticide applicator trainee registration fees; authorize the department to promulgate administrative regulations for the regulation of pesticides sold and used in the Commonwealth; establish the powers and duties of the board; specify the requirements for applicants for an operator’s license; specify examination requirements for commercial structural pest management operator examinations; remove the specific amount for examination fees; authorize the department to promulgate administrative regulations for license testing fees; specify requirements of operator license holders; require structural pest management companies and employers of noncommercial applicators to register annually and pay a fee for each office; require nonresident operators, applicators, and structural pest management companies to designate a resident agent upon whom service of process may be made to enforce the provisions of KRS 217B.515 to KRS 217B.585; specify violations of KRS 217B.515 to KRS 217B.585 for which the department may assess civil penalties; require structural pest management companies to register trainees with the department; authorize the department to promulgate administrative regulations to establish additional requirements for trainees and a fee for registration; authorize the department to promulgate administrative regulations on the identification of vehicles utilized by structural pest management companies; establish that each structural management company and employer of a non-commercial applicator shall be responsible for the actions of its employees or agents in performing structural pest management services; specify actions for an injunction against any person violating or threatening to violate provisions of KRS Chapter 217B or any administrative regulation; establish penalties for offenses; create a new section of KRS Chapter 217B to establish liability insurance requirements for structural pest management companies; create a new section of KRS Chapter 217B to prohibit local regulation of pesticides; repeal KRS 217B.100; 217B.103; 217B.170; 217B.260; 217B.300; 217B.320; and 217B.575.

  CURRENT STATUS

3/17/2020 - (H) recommitted to committee House Appropriations & Revenue (H)

Position

Oppose

ELECTRONIC ADVERTISING
(THOMAS, WALKER)

AN ACT relating to electronic advertising.

Create a new section of KRS 177.830 to 177.890 to allow electronic advertising devices located on the premises of a business or organization to advertise or promote activities and products offered both on the property and by charitable nonprofit organizations or groups; require content advertised to comply with state and federal statutes and regulations; allow nonprofit content to be displayed at the discretion of the electronic advertising device owner; prohibit the advertising of outside content if the business or organization has ceased operation; amend KRS 177.841 to conform.

  CURRENT STATUS

2/6/2020 - (H) Referred to Committee House Transportation (H)

Position

Neutral

AMBULANCE CONTRACTS
(LEWIS, SCOTT )

AN ACT relating to ambulance contracts.

Amend KRS 65.710 to increase the time limit from 1 year to 4 years that local governments may contract for ambulance services with private persons, partnerships, or corporations.

  CURRENT STATUS

2/27/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Support

PLAYGROUNDS
(ELLIOTT, DANIEL)

AN ACT relating to playgrounds.

Amend KRS 97.010 to require certain local government playground projects to include wheelchair access ramps, wheelchair-friendly surfaces and at least one (1) wheelchair swing, except where the contract for a playground project was signed prior to the effective date of this Act and for playground projects wholly using private funds.

  CURRENT STATUS

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

Position

Oppose

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

"AN ACT creating the Classification of Workers in the Construction Industry Task Force.

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

  CURRENT STATUS

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

Position

Under Evaluation

PEACE OFFICER PROFESSIONAL CERTIFICATION
(MCCOOL, BOBBY)

AN ACT relating to peace officer professional certification.

Amend KRS 15.400, relating to peace officer professional certification, to extend the time from 100 days to 5 years that a certified peace officer may separate from the original employer at the time and secure another peace officer position without losing his or her certification status, and prohibit law enforcement agencies from using the fact that a candidate for a law enforcement position is certified as a factor for an employment decision as long as the person remains certified.

  CURRENT STATUS

2/12/2020 - (H) Referred to Committee House Veterans, Military Affairs, and Public Protection (H)

Position

Oppose

DUTY RELATED DISABILITY
(BLANTON, JOHN)

AN ACT relating to duty-related disability benefits and declaring an emergency.

Amend KRS 16.582 and 61.621 to increase minimum total and permanent in line of duty or duty-related disability benefits payable to a member of any of the systems administered by the Kentucky Retirement Systems from 25% to 75% of the member's monthly average pay; amend KRS 16.505, 61.510, and 78.510 to define "monthly average pay" as it relates to total and permanent line of duty and duty-related disability benefits; amend KRS 16.505 to amend the definition of "dependent child" as it relates to total and permanent line of duty or duty-related disability; amend KRS 61.702 to ensure full hospital and medical insurance benefits for the member, spouse, and dependents of a member who has a total and permanent in line of duty or duty-related disability; provide for prospective adjustments in benefits for those eligible members who were totally and permanently disabled in line of duty or due to a duty-related injury; EMERGENCY.

  CURRENT STATUS

3/17/2020 - (H) recommitted to committee House Appropriations & Revenue (H)

Position

Under Evaluation

CRIMES AND PUNISHMENTS
(MASSEY, C. ED)

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 of $1,000 or less, and allow for aggregation of offenses that occur within 180 days to determine the appropriate charge.

  CURRENT STATUS

4/15/2020 - (S) recommitted to committee Senate Judiciary (S)

Position

Under Evaluation

ALCOHOL LOCAL REGULATORY LICENSING FEES
(PRATT, PHILLIP)

AN ACT relating to alcohol local regulatory licensing fees.

Amend KRS 243.075 to specify that any city or county other than a consolidated local government or an urban-county government may impose a regulatory licensing fee on alcohol, and create a two-year period for a city or county who would have been allowed to impose a fee to do so.

  CURRENT STATUS

3/18/2020 - (S) Returned to Committee Senate Licensing, Occupations, & Administrative Regulations (S)

Position

Support

MENTAL HEALTH
(BANTA, KIM)

AN ACT relating to mental health and making an appropriation therefor.

Amend KRS 210.365 to make firefighters eligible for crisis intervention team training along with law enforcement officers currently permitted such training; amend KRS 95A.220 with an appropriation of $1,250,000 each fiscal year for treatment of full-time and volunteer firefighters affected by post-traumatic stress injury (PTSI) and/or post-traumatic stress disorder (PTSD); allow no PTSD eligibility for disability retirement; declare legitimate personnel actions not compensable, diagnosis required by psychiatrist, psychologist or counselor; APPROPRIATION.

  CURRENT STATUS

4/15/2020 - (H) Posted for Passage in Regular Orders of the Day; w/ HCS 1

Position

Support

CERTIFICATE OF NEED FOR AMBULANCE SERVICE PROVIDERS
(ROTHENBURGER, ROB)

AN ACT relating to certificate of need for ambulance service providers.

Amend KRS 216B.020 to require the Cabinet for Health and Family Services to promulgate administrative regulations establishing standards for a certificate of need for ambulance service providers.

  CURRENT STATUS

3/5/2020 - House Health and Family Services (H), (Bill Scheduled for Hearing); Time & Location:

Position

Support

EXEMPTIONS FOR DISASTER RESPONSE BUSINESSES AND EMPLOYEES
(DOSSETT, MYRON)

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

Create a new section of KRS Chapter 141 to provide definitions of terms related to disaster or emergency-related work; amend KRS 141.020 to exempt disaster response employees and disaster response businesses from income tax beginning on or after January 1, 2020, and before January 1, 2024; amend KRS 141.040 to exempt disaster response businesses beginning on or after January 1, 2020, and before January 1, 2024; 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 these 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

4/1/2020 - floor amendments (1-title) and (2) filed

Position

Neutral

AD VALOREM TAXATION OF PRIVATELY OWNED LEASE HOLD INTEREST IN RESIDENTIAL PROPERTY
(SIMS JR., JOHN)

AN ACT relating to the ad valorem taxation of privately owned leasehold interests in residential property owned by a purely public charity.

Amend KRS 132.195 to include specific privately owned leasehold interests in residential property owned by a purely public charity in the list of leasehold interests exempt from state and local property taxation at the prevailing rate; amend KRS 132.020 to include specific privately owned leasehold interests in residential property owned by a purely public charity in the list of property that is subject to a one-and-one-half-cent state property tax rate; amend KRS 132.200 to include specific privately owned leasehold interests in residential property owned by a purely public charity in the list of property that is subject to property taxation for state purposes only.

  CURRENT STATUS

3/12/2020 - (H) posted in committee House Appropriations & Revenue (H)

Position

Oppose

CONSTRUCTION OF EDUCATIONAL FACILITIES
(SANTORO, SAL)

AN ACT relating to the construction of educational facilities.

Amend KRS 198B.060 to allow local plan review of educational facilities.

  CURRENT STATUS

3/19/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Support

AUTHORITY OVER LOCAL REVENUE OPTIONS
(MEREDITH, MICHAEL)

AN ACT proposing an amendment to Section 181 of the Constitution of Kentucky relating to the General Assembly's authority over local revenue options.

Propose to amend Section 181 of the Constitution of Kentucky to permit the General Assembly to authorize a county, city, town, or municipal corporation to assess and collect local taxes and fees that are not otherwise in conflict with the Constitution; provide ballot question with proposed amendment; submit to voters for ratification or rejection.

  CURRENT STATUS

3/17/2020 - (H) recommitted to committee House Appropriations & Revenue (H)

Position

Support

LOCAL INVESTMENTS
(MASSEY, C. ED)

AN ACT relating to local investments.

Amend KRS 66.480, relating to the investment of idle funds of local governments and schools, to exempt mutual fund investments from the requirement that the aggregate amount of money invested is to be no more than 40% of the total money invested.

  CURRENT STATUS

3/5/2020 - (H) posted in committee House Local Government (H)

REEMPLOYMENT AFTER RETIREMENT
(MADDOX, SAVANNAH)

AN ACT relating to reemployment after retirement.

Amend KRS 61.637 to provide that local school districts shall not be required to reimburse Kentucky Retirement Systems for retiree health care premiums for reemployed retirees regardless of the number of days worked.

  CURRENT STATUS

3/3/2020 - (H) posted in committee House State Government (H)

Position

Under Evaluation

PRESCRIBING CONTROLLED SUBSTANCES
(MOSER, KIMBERLY POORE)

AN ACT relating to prescribing controlled substances.

Create a new section of KRS Chapter 218A to establish the Controlled Substance Prescribing Review and Enforcement Advisory Council to provide advice, guidance, and recommendations to state licensing boards charged with enforcing and reviewing prescribing practices; establish membership, terms of office, and duties of the council; require the council to work in cooperation with affected entities; require the Cabinet for Health and Family Services to provide staff, facilities, and resources for the meetings of the council; require other entities to cooperate with the council; amend KRS 218A.205 to require every state licensing board to promulgate administrative regulations relating to reviewing, investigating and enforcing violations of prescribing practices.

  CURRENT STATUS

3/12/2020 - House Health and Family Services (H), (Bill Scheduled for Hearing); Time & Location:

Position

Support

DONATION OF GAME MEAT
(HEAVRIN, SAMARA)

AN ACT relating to the donation of game meat.

Amend KRS 217.217 to prohibit state and local government entities from restricting the donation of game meat to or from cooperative extension agencies for the purpose of free meal distribution.

  CURRENT STATUS

4/1/2020 - (S) Returned to Committee Senate Health & Welfare (S)

Position

Neutral

CANINES
(GRAVISS, JOE)

AN ACT relating to canines.

Create a new section of KRS 258.095 to 258.500 to enable local governments to legislate enforcement action for dogs and public safety, so long as that the ordinance, regulation, or policy does not regulate ownership of a dog by its breed or perceived breed and is consistent with state law.

  CURRENT STATUS

3/2/2020 - (H) Referred to Committee House Local Government (H)

Position

Oppose

FIREFIGHTERS
(HART, MARK)

AN ACT relating to firefighters and making an appropriation therefor.

Amend KRS 95A.210 to allow firefighters employed by air boards created under KRS Chapter 183 to participate in the Firefighters Foundation Program fund.

  CURRENT STATUS

4/1/2020 - (S) Returned to Committee Senate Appropriations & Revenue (S)

Position

Support

AREA DEVELOPMENT DISTRICTS
(MEREDITH, MICHAEL)

AN ACT relating to area development districts and declaring an emergency.

Create a new section of KRS Chapter 147A to provide an allocation formula for the Joint Funding Administration Program administered by the Department for Local Government; amend KRS 147A.115 to require the Transportation Cabinet to report on the operations of the area development districts, modify the information submitted by the area development districts, and require a consistent reporting methodology and electronic format to be used by the area development districts; amend KRS 147A.116 to require the use of the state transparency porta; EMERGENCY.

  CURRENT STATUS

3/19/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Neutral

CONCEALED DEADLY WEAPONS
(MADDOX, SAVANNAH)

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 also permitting state and local governments to pass legislation limiting concealed carry in buildings controlled by that government; amend various sections to conform.

  CURRENT STATUS

3/3/2020 - (H) posted in committee House State Government (H)

Position

Oppose

RIGHTS OF WAY ON STATE ROADS
(REED, BRANDON)

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

3/17/2020 - (H) posted in committee House Transportation (H)

Position

Support

ANNEXATION BY HOME RULE CITIES
(BLANTON, JOHN)

AN ACT relating to annexation by home rule cities.

Amend KRS 81A.410 to require an area to be annexed to contain at least ten residents.

  CURRENT STATUS

3/5/2020 - (H) posted in committee House Local Government (H)

Position

Oppose

LAND USE
(LEE, STAN)

AN ACT relating to land use.

Amend KRS 82.660 to require that before an overlay district can be enforced that a petition must be circulated that contains the signatures of at least 75% of the property owners within the area that is sought to be under the jurisdiction of the overlay district, and specify that once the overlay district is created that all property owners are to be notified by first-class mail that they may still opt out of the controls enforced by the overlay district, and set out the response procedure; create a new section of KRS Chapter 100 to require that before any zoning instrument is enacted that places controls over the historic or other aesthetic character of an area that a petition must be circulated that contains the signatures of at least 75% of the property owners within the area that is sought to be under the jurisdiction of the zone, and specify that once the zone is created, that all property owners are to be notified by first-class mail that they may still opt out of the controls enforced by the zoning instrument, and set out the response procedure.

  CURRENT STATUS

3/5/2020 - (H) posted in committee House Local Government (H)

Position

Oppose

UTILITY SERVICES
(GOOCH JR., JIM)

AN ACT relating to utility service.

Create a new section of KRS Chapter 367 to define "energy source" and "utility service"; provide that the right of an individual customer to use any utility service shall not be infringed due to the energy source of the utility service to be delivered.

  CURRENT STATUS

3/17/2020 - (H) recommitted to committee House Appropriations & Revenue (H)

Position

Neutral

TRANSPORTATION
(SANTORO, SAL)

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

Amend KRS 138.220 to set a single excise tax on gasoline and special fuels; set initial base rate at 34.4 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 10 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 $200; 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 $5-$40 on all noncommercial vehicles 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 KRS 186.440, 186.442, 186.450, and 186.531 to consolidate fees for driver license reinstatement, set reinstatement fee at $100, provide for distribution of funds, and provide for exceptions; 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, to 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 $15,000; amend KRS 176.210 to prohibit the Department of Highways from revealing the identitites of eligible bidders on a project until the project bid letting; amend KRS 138.210 to delete the definitions for "average wholesale price" and "average wholesale floor price"; amend KRS 138.695, 138.270, 138.450, 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; EMERGENCY Sections 1 to 3 and 22 to 25 are EFFECTIVE July 1, 2020; Sections 4, 5, and 7 to 12 of the Act are EFFECTIVE January 1, 2021; APPROPRIATION.

  CURRENT STATUS

3/4/2020 - (H) Referred to Committee House Appropriations & Revenue (H)

Position

Support

PUBLIC UTILITIES
(HARRIS, CHRIS)

AN ACT relating to public utilities.

Create new section of KRS 278.010 to 278.450 to set a residential fixed customer charge to recover no more than fixed capital costs for metering, billing, service connections, and customer service for electric, natural gas, and water utilities; amend KRS 278.010 to define "customer charge"; amend KRS 278.030 to include affordability as a criterion for utility rates and to establish that the policy of the Commonwealth is to require costs to be reasonable and to provide for their recovery; require the Public Service Commission to balance the interests of the utility, investors, and consumer in establishing fair, just, reasonable, and affordable rates; amend KRS 278.183 to require that the costs paid through the environmental surcharge and subjected to two-year review are subject to apportionment of fixed, direct capital costs for metering, billing, connection, and service; amend KRS 278.190 to allow the commission to examine the determination of costs and apply standards for rates that include affordability and balancing of interests of various parties affected by the rate; amend KRS 278.255 to require a management and operations audit beginning with revenue as of December 31, 2019, initial audits to be completed prior to January 1, 2023, and every five years thereafter, and to require the results of the audit be made available on the Public Service Commission's and each audited utility's Web site; exempt electric distribution cooperatives from the initial and periodic audit requirements; amend KRS 278.260 to require the Public Service Commission to give the Attorney General's Office of Rate Intervention notice of any investigation into unreasonable or discriminatory rates, measurements or practices by a utility under its jurisdiction; amend KRS 96.120 to require contracts entered into by a city with another city to furnish water or light service to be subject to review and regulation by the Public Service Commission; amend KRS 96.150 to require an extension by a city of its water or sewer system beyond its territory to be subject to review and regulation by the Public Service Commission; amend KRS 96.520 to require that the sale of capacity or energy surplus by a city or urban-county government to an electric or combination electric or gas utility shall be subject to review and regulation by the Public Service Commission.

  CURRENT STATUS

3/4/2020 - (H) Referred to Committee House Natural Resources & Energy (H)

Position

Oppose

PUBLIC EMPLOYEE PRIVACY
(HARRIS, CHRIS)

AN ACT relating to employee privacy.

Create a new section of KRS Chapter 336 to define "electronic monitoring," "employee," and "employer"; require an employer to provide prior written notice to its employees if it engages in electronic monitoring of employees; provide for the type and manner of notice to be provided; allow for electronic monitoring without prior written notice if the employer has reasonable grounds to believe an employee is engaged in illegal conduct; amend KRS 336.990 to provide a civil penalty.

  CURRENT STATUS

3/4/2020 - (H) Referred to Committee House Small Business & Information Technology (H)

Position

Oppose

PUBLIC WATER AND WASTEWATER
(GRAVISS, JOE)

AN ACT relating to public water and wastewater.

Create new sections of KRS Chapter 74 to define "appointing authority," "board," "commissioner," "governing body," "joint commissioner," "joint water commission," "public service commission," "public water or wastewater system," "water association", and "water district"; establish eligibility requirements for members of a water district, water association, and joint water commission; require online training and continuing education hours for water commissioners; require the Kentucky Public Service Commission to develop best management practices for governing bodies of public water and wastewater utilities; establish penalties for failure to meet training and eligibility requirements; create new sections of KRS 224.70 to establish the Public Water and Wastewater Working Group; identify the members and responsibilities of the working group; allow for the creation of stakeholder advisory groups; report to the Legislative Research Commission by November 1 of each year; develop methods to identify failing public water and wastewater utilities; create a Kentucky Public Water and Wastewater System Protection Panel and name executive branch members of the panel; require the panel to develop metrics to identify systems at risk of insolvency, develop a priority list for intervention by the panel, and promulgate administrative regulations to develop comprehensive criteria for sanctions against governing bodies at risk of failure; identify remedies for failing system and interventions; amend KRS 65.007 to add misfeasance and nonfeasance to reasons for removal by an appointing authority; amend KRS 74.012 to clarify entities and conform to definitions; amend KRS 74.020 to clarify definitions and require commissioners to comply with initial and continuing education; increase initial hours from six to nine; require twelve hours of continuing education every three years; amend KRS 74.025 to allow removal for failure to complete training; amend KRS 74.030 to change reference from commission to board to conform with chapter definitions; amend KRS 74.040 to establish requirements for the chief executive officer and update duties to include financial and water loss audit, rate and operations review, and infrastructure improvement plan and conform definitions; amend KRS 74.080 to update board duties and responsibilities regarding rates, procedures, audits, and planning; allow the commission to review rates on its own motion and require rate adjustment for full cost recovery; amend KRS 74.100 to require a comprehensive infrastructure improvement plan and conform definitions; amend KRS 74.110 to require notice to the commission when annexing or striking district territory; amend KRS 74.177 to clarify agricultural district; amend KRS 74.240 to update requirements of the district and require qualified infrastructure improvement plan filed and approved by the commission; amend KRS 74.050, 74.070,74.280, 74.090, 74.120, 74.130, 74.140, 74.150, 74.160, 74.180, 74.190, 74.200, 74.220 74.290, 74.300, 74.330 to conform definitions; amend KRS 74.361 to authorize the commission to investigate merger of water districts after repeated water loss or failure to perform audits; amend KRS 74.370 to clarify the commission's authority over water districts; amend KRS 74.395 to allow recovery through a surcharge for improvements designed to reduce water loss and specify range over 15 percent; require improvement plan and water loss audit be submitted for surcharge; amend KRS 74.430, 74.440, 74.460, 74.470, 74.480, 74.490, 74.500, 74.510, 74.520, and 74.990 to clarify distinction between joint water commissions and joint commissioners; amend KRS 74.450 to establish eligibility to serve as joint commissioner; amend KRS 91A.040 to require the auditor to obtain a copy of an audit performed on any public water or wastewater system owned by the city; include in the audit report whether the city is compliant in performing the audit and report to Department for Local Government and Kentucky Infrastructure Authority if noncompliant; amend KRS 96.172 to establish eligibility to serve on municipal board of public utilities; amend KRS 96.173 to require expenses incurred to be prudent and reasonable in order to be payable from revenues; amend KRS 96.176 to require financial practices be consistent with best management practices developed by the Kentucky Public Service Commission; amend KRS 96.181 to require board finances be consistent with best management practices and GAAP to facilitate audit; amend KRS 96.182 to restrict use of rate receipts for anything not related to the provision of service by the electric and water plant; amend KRS 96.190 to require initial training and continuing education; amend KRS 96.200 to require conformity to best management practices; amend KRS 96.240 to establish requirements for appointees to board of waterworks; amend KRS 96.320 to establish requirements for appointees to cities owning waterworks; amend KRS 96.351 to establish qualifications for members of waterworks commission and waterworks and sewerage commission.

  CURRENT STATUS

3/4/2020 - (H) Referred to Committee House Natural Resources & Energy (H)

Position

Oppose

ELECTIONS
(LEE, STAN)

AN ACT relating to elections.

Create a new section of KRS Chapter 67C to provide for the election of a mayor and members of a legislative body in a consolidated local government on a nonpartisan basis; amend KRS 67C.103 and 67C.105 to conform: amend KRS 83A.045 to provide that mayors and members of the legislative body of any city shall be elected on a nonpartisan basis; amend KRS 83A.040, 83A.165, 83A.170, 83A.175, 118.225, and 118.367 to conform; repeal KRS 83A.050; effective November 4, 2020.

  CURRENT STATUS

3/17/2020 - (H) recommitted to committee House Appropriations & Revenue (H)

Position

Under Evaluation

WAGE PAYMENT
(FUGATE, CHRIS)

AN ACT relating to wage payment.

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

  CURRENT STATUS

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

Position

Neutral

CONCEALED DEADLY WEAPONS
(GOFORTH, ROBERT)

AN ACT relating to concealed deadly weapons.

Amend KRS 183.8811 and 527.020 to expand permissible locations for persons with a concealed deadly weapon license; amend KRS 237.109 and 527.070 to allow only Kentucky CCDW licensees to carry concealed weapons on school property.

  CURRENT STATUS

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

Position

Oppose

CRIME VICTIMS' RIGHTS
(PETRIE, JASON)

AN ACT relating to crime victims' rights.

Repeal and reenact or repeal, reenact, and amend various sections of KRS 421.500 to 421.575, the Crime Victim Bill of Rights, to change statutory provisions of crime victims' rights.

  CURRENT STATUS

3/6/2020 - (H) posted in committee House Judiciary (H)

Position

Under Evaluation

PRESCRIBING CONTROLLED SUBSTANCES
(MOSER, KIMBERLY POORE)

AN ACT relating to prescribing controlled substances.

Create a new section of KRS Chapter 218A to establish the Controlled Substance Prescribing Review and Enforcement Advisory Council to provide advice, guidance, and recommendations to state licensing boards charged with enforcing and reviewing prescribing practices; establish membership, terms of office, and duties of the council; require the council to work in cooperation with affected entities; require the Cabinet for Health and Family Services to provide staff, facilities, and resources for the meetings of the council; require other entities to cooperate with the council; amend KRS 218A.205 to require every state licensing board to promulgate administrative regulations relating to reviewing, investigating, and enforcing violations of prescribing practices; create a new section of KRS Chapter 311 to require the State Board of Medical Licensure to promulgate administrative regulations relating to approving licenses and reviewing, investigating, and enforcing violations of prescribing practices of advanced practice registered nurses; amend KRS 314.011 to refine"advanced practice registered nurse" and "advanced practice registered nursing"; create a new section of KRS Chapter 314 to require approval of a license and reviewing, investigating, and enforcing violations of prescribing practices for an advanced practice registered nurse by the State Board of Medical Licensure; make it unlawful for an advanced practice registered nurse to prescribe without State Board of Medical Licensure approval. .

  CURRENT STATUS

3/4/2020 - (H) Referred to Committee House Licensing, Occupations, & Admin Regs (H)

Position

Support

CONDUCT OF LOCALLY ELECTED OFFICIALS
(BRIDGES, RANDY)

AN ACT relating to the conduct of local elected officials.

Create a new section of KRS Chapter 117 to prohibit certain conduct of local elected officials; amend KRS 117.995 to provide a Class A misdemeanor criminal charge against those local elected officials who engage in the prohibited conduct.

  CURRENT STATUS

3/4/2020 - (H) Referred to Committee House Elections, Const. Amendments & Intergovernmental Affairs (H)

Position

Support

ANNEXATION
(ELKINS, LARRY)

AN ACT relating to annexation.

Create a new section of KRS Chapter 81A to require compensation from a city to the county for the economic loss sustained from annexation; unless otherwise agreed, the loss would be calculated by the sum of fees and taxes collected by the county for the annexed area from insurance companies, businesses, trades, occupations and professions; economic loss payments by the city to the county are due by the 30th of the month after each calendar quarter; any challenge to the calculation of compensation or, to compel payment, shall be made in Franklin Circuit Court.

  CURRENT STATUS

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

Position

Oppose

PEACE OFFICER CERTIFICATION
(MEADE, DAVID)

AN ACT relating to peace officer certification.

Amend KRS 15.440 to allow the Kentucky Law Enforcement Council to approve basic training credit for police officers seeking certification who meet certain experience and training levels.

  CURRENT STATUS

3/19/2020 - (S) Referred to Committee Senate Judiciary (S)

Position

Support

UNEMPLOYMENT INSURANCE
(BOWLING, ADAM)

AN ACT relating to unemployment insurance.

Create a new section of KRS Chapter 341 to allow for training extension benefits for eligible claimants; define "declining occupation," "high-demand occupation," and "high-technology occupation."

  CURRENT STATUS

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

Position

Under Evaluation

CENSUS EFFORTS
(OSBORNE, DAVID W.)

A CONCURRENT RESOLUTION urging local governments in Kentucky to partner and establish the support of school-based outreach programs and nonprofit community-based organizations in order to localize census efforts.

Urge local governments in Kentucky to partner and establish the support of school-based outreach programs and nonprofit community-based organizations in order to localize census efforts.

  CURRENT STATUS

1/30/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Support

URGING CONGRESS TO PASS THE SUPPORTING ACCURATE VIEWS OF EMERGENCY SERVICES ACT
(ROTHENBURGER, ROB)

A CONCURRENT RESOLUTION urging Congress to pass the Supporting Accurate Views of Emergency Services Act of 2019.

Declare it fitting and proper that public safety telecommunicators be included as a protective service occupation under the federal Standard Occupational Classification system; urge Congress to enact the Supporting Accurate Views of Emergency Services Acts of 2019.

  CURRENT STATUS

2/3/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Under Evaluation

REESTABLISHING THE PUBLIC WATER AND WASTE WATER SYSTEM INFRASTRUCTURE TASK FORCE
(GOOCH JR., JIM)

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 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 2020 Interim and to submit its findings, legislative recommendations, or a memorandum to the Legislative Research Commission by November 30, 2020; 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

3/10/2020 - (S) Referred to Committee Senate Natural Resources & Energy (S)

Position

Support

IMMIGRATION
(CARROLL, DANNY)

AN ACT relating to federal immigration cooperation.

Create new sections of KRS Chapter 61 to prohibit law enforcement agencies, law enforcement officials, employees of a law enforcement agency or public agencies, public officials, or employees of a public agency or public institution operating under KRS Chapter 164 from enacting, adopting, or otherwise enforcing any sanctuary policy; require law enforcement officials, representatives, agents, and employees of law enforcement agencies, public officials, representatives, agents, and employees of public agencies to use their best efforts, considering available resources, to support the enforcement of federal immigration law; exempt school districts, district boards of education, public charter schools, and employees and contractors from the provisions of the section; provide that any sanctuary policy adopted prior to or after the effective date of the Act in violation of Section 1 of the Act is invalid, void, and unenforceable; allow the Governor, Attorney General, or any state constitutional officer to bring an action for enforcement through injunctive action; establish a short title.

  CURRENT STATUS

3/18/2020 - (H) Returned to Committee House Judiciary (H)

Position

Neutral

KENTUCKY TRANSPORTATIONS BOARD
(HIGDON, JIMMY)

AN ACT relating to transportation and making an appropriation therefor.

Create new sections of KRS Chapter 174 to establish the Kentucky Transportations Board; set forth membership, appointment, qualifications, and duties; outline board duties in relation to nomination and employment of the Transportation Cabinet secretary; require the board to establish a statewide prioritization process for the use of funds apportioned pursuant to 23 U.S.C. sec. 104, with some exceptions; identify 5 factors that form the basis for the objective scoring: congestion mitigation, economic development, accessibility. safety, and asset management; allow the board to weight factors differently in each highway district; require the board to develop the biennial highway construction plan and six-year road plan; require advanced publication of recommended projects for the biennial highway construction plan and six-year road plan scored under the objective system, along with data regarding the scoring process; require advanced publication of bridge and pavement maintenance projects recommended for inclusion in the biennial highway construction plan and six-year road plan; amend KRS 176.430 to require the board to develop the biennial highway construction plan and six-year road plan; require the Department of Highways to notify the General Assembly, through the LRC, of any projects in the biennial highway construction plan which the department will not undertake in the year prescribed in the plan; amend KRS 48.110 to require the board to approve the biennial highway construction plan and six-year road plan before the Governor can submit the plan to the General Assembly; amend KRS 176.050 to require the Department of Highways to issue an annual list of bridge and pavement improvement needs, prioritized by safety and state of disrepair, from which the board will select projects for inclusion in the biennial highway construction plan and six-year road plan; amend KRS 45.247 to require that at the end of each fiscal year, any moneys in the highway construction contingency account in excess of 10% of the amount appropriated to that fund for that fiscal year will lapse to the state construction account; amend KRS 174.020 to attach the Kentucky Transportation Board to the Transportation Cabinet Office of the Secretary for administrative purposes; set forth staggered terms for initial appointments to the board.

  CURRENT STATUS

3/18/2020 - (H) Returned to Committee House Transportation (H)

Position

Under Evaluation

SPECIAL PURPOSE GOVERNMENTAL ENTITIES
(ALVARADO, RALPH)

AN ACT relating to special purpose governmental entities.

Create a new section of KRS Chapter 65A to require proposed increases in ad valorem taxes and certain fees and the levy of new ad valorem taxes or fees by special purpose governmental entities to be submitted to the legislative body of the county or city in which the special purpose governmental entity is located for review; amend various sections of the Kentucky Revised Statutes to conform; repeal KRS 65A.100; EFFECTIVE January 1, 2021.

  CURRENT STATUS

4/14/2020 - delivered to Secretary of State (Acts ch. 90)

Position

Neutral

CRIME VICTIMS' RIGHTS
(WESTERFIELD, WHITNEY)

AN ACT proposing to create a new section of the Constitution of Kentucky relating to crime victims' rights.

Propose to create a new section of the Constitution of Kentucky to established a crime victims' bill of rights; submit to voters.

  CURRENT STATUS

4/14/2020 - delivered to Secretary of State (Acts ch. 88)

Position

Support

SALES AND TAXES
(MCDANIEL, CHRISTIAN)

AN ACT relating to sales and use tax exemptions.

Amend KRS 139.480 to exempt from sales and use tax tangible personal property purchased by a person for incorporation into a structure or improvement to real property under a contract with the federal, state, or local government, or a resident, nonprofit educational, charitable, or religious institution; apply to sales made after October 1, 2020, but before October 1, 2024; require the Department of Revenue to report the claimed exemptions to the Interim Joint Committee on Appropriations and Revenue; amend KRS 131.190 to give the department authority to provide the report to the Legislative Research Commission.

  CURRENT STATUS

1/17/2020 - (S) Referred to Committee Senate Appropriations & Revenue (S)

Position

Support

PRIVATELY OWNED LEASEHOLD INTERESTS
(CASTLEN, MATT)

AN ACT relating to privately owned leasehold interests.

Amend KRS 211.015 to reduce the minimum acreage requirement to qualify as a "farmstead" from ten acres to five acres for the purposes of on-site sewage disposal system requirements; amend KRS 318.010 to reduce the minimum acreage requirement to qualify as a "farmstead" from ten acres to five acres for the purposes of exemption from the requirements of the Kentucky State Plumbing Code.

  CURRENT STATUS

4/15/2020 - received in Senate w/ Letter, to Rules

Position

Under Evaluation

MEDICINAL MARIJUANA
(WEST, STEPHEN)

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

Create various new sections of KRS Chapter 218A to define terms; to exempt the medicinal marijuana program from existing provisions in Kentucky law to the contrary; to require the Department for Alcoholic Beverage and Cannabis Control to implement and regulate the medicinal marijuana program in Kentucky; to establish the Division of Medicinal Marijuana within the Department of Alcoholic Beverage and Cannabis Control; to establish restrictions on the possession of medicinal marijuana by qualifying patients, visiting patients, and designated caregivers; to establish certain protections for cardholders; to establish professional protections for practitioners; to provide for the authorizing of practitioners by state licensing boards to issue written certifications for the use medicinal marijuana; to establish professional protections for attorneys; to prohibit the possession and use of medicinal marijuana on a school bus, on the grounds of any preschool or primary or secondary school, in a correctional facility, any property of the federal government, or while operating a motor vehicle; to prohibit smoking of medicinal marijuana; to permit an employer to restrict the possession and use of medicinal marijuana by an employee; to require the department to implement and operate a registry identification card program; to establish requirements for registry identification cards; to establish registry identification card fees; to require the department to operate a provisional licensure receipt system; to establish the application requirements for a registry identification card; to establish when the department may deny an application for a registry identification card; to establish certain responsibilities for cardholders; to establish when a registry identification card may be revoked; to establish various cannabis business licensure categories; to establish tiering of cannabis business licenses; to require certain information be included in an application for a cannabis business license; to establish when the department may deny an application for a cannabis business license; to prohibit a practitioner from being a board member or principal officer of a cannabis business; to prohibit cross-ownership of certain classes of cannabis businesses; to 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; to establish technical requirements for cannabis businesses; to establish limits on the THC content of medicinal marijuana that can be produced or sold in the state; to establish requirements for cannabis cultivators, including cultivation square footage limits; to establish requirements for cannabis dispensaries; to establish requirements for safety compliance facilities; to establish requirements for cannabis processors; to establish procedures for the department to inspect cannabis businesses; to establish procedures for the suspension or revocation of a cannabis business license; to exempt certain records and information from the disclosure under the Kentucky Open Records Act; to require the department to develop, maintain, and operate electronic systems for monitoring the medicinal marijuana program; to require the department to promulgate administrative regulations necessary to implement the medicinal marijuana program; to establish that nothing in the bill requires government programs or private insurers to reimburse for the cost of use; to establish the medicinal marijuana trust fund; to establish the local medicinal marijuana trust fund; and to establish procedures for the distribution of local cannabis trust fund moneys; create a new section of KRS Chapter 138 to establish an excise tax of 12% for cultivators and processors for selling to dispensaries; to require that 80% of the revenue from the excise taxes be deposited into the medicinal marijuana trust fund; to require that 20% of the revenue from the excise taxes be deposited into the local medicinal marijuana trust fund; 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 marijuana from the state sales tax; amend KRS 218A.010, 218A.1421, 218A.1422, 218A.1423, and 218A.500 to conform; amend KRS 12.020 to change the name of the Department of Alcoholic Beverage Control to the Department of Alcoholic Beverage and Cannabis Control and to create the Division of Medicinal Marijuana; and amend KRS 12.252, 15.300, 15.380, 15.398, 15A.340, 15.420, 61.592, 62.160, 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, 438,320, 438.325, 438.330, 438.337, and 438.340 to conform; EFFECTIVE January 1, 2021; APPROPRIATION.

  CURRENT STATUS

1/29/2020 - (S) Referred to Committee Senate Judiciary (S)

Position

Under Evaluation

WORKERS' COMPENSATION FOR EMERGENCY PERSONNEL
(WHEELER, PHILLIP)

AN ACT relating to workers compensation for volunteer firemen and other emergency personnel.

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

  CURRENT STATUS

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

Position

Under Evaluation

CORONERS
(CARPENTER, JARED)

AN ACT relating to coroners.

Amend KRS 72.410 to require a coroner to collect, secure, and provide for the disposal of any prescription medications of a decedent; amend KRS 72.992 to establish fines for violations of those duties.

  CURRENT STATUS

2/7/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Under Evaluation

OPERATION OF SPLASH PADS
(SCHRODER, WIL)

AN ACT relating to the operation of splash pads.

Create a new section of KRS Chapter 211 to establish standards for the operation and maintenance of splash pads in a safe, sanitary manner.

  CURRENT STATUS

3/18/2020 - (H) Returned to Committee House Health and Family Services (H)

Position

Support

TRAINING OF CITY OFFICIALS
(GIRDLER, RICK)

AN ACT relating to the training of city officials.

Create a new section of KRS Chapter 83A requiring all mayors and legislative body members in cities of the home rule class to undergo a mandatory three-hour block of instruction concerning various duties and obligations; establish criteria for training and provide for training; establish filing requirements; establish penalty for failure to comply; require any mayor or legislative body members to receive training within one year of the effective date of this Act.

  CURRENT STATUS

3/19/2020 - (S) recommitted to committee Senate State & Local Government (S)

Position

Support

SOLID WASTE
(WHEELER, PHILLIP)

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

Amend KRS 30A.190 to designate 100% of a new open dumping fine be paid to the county where the violation occurred; 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.

  CURRENT STATUS

2/14/2020 - (S) Referred to Committee Senate Appropriations & Revenue (S)

Position

Neutral

RETIREMENT SYSTEMS
(PARRETT, DENNIS)

AN ACT relating to reciprocity between the Kentucky Retirement Systems and the Teachers' Retirement System.

Amend KRS 61.680 to require the Kentucky Retirement Systems to apply reciprocity for a person retiring for a second time after waiving retirement benefits to return to a full-time position covered by the Teachers' Retirement System; allow the member to use omitted service credit for determining eligibility and the amount of benefits upon subsequent retirement; make the provision retroactive to retirements on or after December 31, 2009; require the Kentucky Retirement Systems and the Teachers' Retirement System to recalculate the retired person's benefits as if the service obtained had been purchased prior to retirement.

  CURRENT STATUS

2/18/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Under Evaluation

EMPLOYMENT AND SUBSTANCE USE DISORDER TREATMENT
(CASTLEN, MATT)

AN ACT relating to employment and substance use disorder treatment.

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

  CURRENT STATUS

3/19/2020 - received in House

Position

Support

CITY ANNEXATION FILINGS
(WHEELER, PHILLIP)

AN ACT relating to city annexation filings.

Amend KRS 81A.470 to remove duplicative language requiring notice of the annexation to be filed with the county clerk; stipulate that the ordinance to be sent to the Secretary of State's office is the final ordinance; provide that in addition to the map and ordinance that are required to be sent, that an electronic file containing a closed geometric figure of the territory being added or removed, in prescribed electronic formats, be included in the transmission; limit the cumulative file and e-mail size to 15 megabytes in size; amend KRS 81A.475, relating to communications to the county clerk, to include the submission of a map meeting the requirements of subsection (1)(b) of Section 1.

  CURRENT STATUS

2/24/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Support

REEMPLOYMENT AFTER RETIREMENT
(WESTERFIELD, WHITNEY)

AN ACT relating to reemployment after retirement.

Amend KRS 61.637 to provide that a mayor or member of a city legislative body who is at least 62 years of age and eligible to retire from the County Employees Retirement System shall not be required to resign from his or her position as mayor or member of a city legislative body in order to begin drawing benefits from the system; provide that no additional benefits will be accumulated with any employer after the mayor's or city legislative body member's effective retirement date.

  CURRENT STATUS

2/24/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Support

VEHICLE TOWING
(CARPENTER, JARED)

AN ACT relating to vehicle towing

Amend KRS 281.010 to define "automobile club," "emergency towing," "private property towing," "recovery service," "seizure towing," "storage facility," "tow certificate," "tow truck," "tow truck operator," and "towing company"; create various new sections of KRS Chapter 281 to establish the provisions for emergency towing; establish the provisions for private property towing; require that rates be posted in the place of business of a tow company or storage facility; require an itemized invoice for towing and storage charges; establish notification requirements for towed vehicles; establish payment and release requirements for towed vehicles; outline payment types that a towing company or storage facility must accept; require a towing company or storage facility to be accessible by phone during posted business hours; require the return of all phone calls within 24 hours; establish prohibited fees; require records to be maintained for a period of two years; outline acts prohibited by a towing company or storage facility; amend KRS 359.230, KRS 376.275, and KRS 189.725 to conform.

  CURRENT STATUS

2/27/2020 - (S) Referred to Committee Senate Transportation (S)

Position

Under Evaluation

TOURISTS AND CONVENTION COMMISSIONS
(WILSON, MIKE)

AN ACT relating to tourists and convention commissions

Amend KRS 91A.360 to remove outdated reference to the Kentucky Hotel and Motel Association; add that hotel and motel representatives shall meet annually to submit recommendations for tourist and convention commission appointees.

  CURRENT STATUS

3/19/2020 - (H) Returned to Committee House Tourism & Outdoor Recreation (H)

Position

Neutral

ADJUNCT INSTRUCTORS FOR THE KENTUCKY FIRE COMMISSION
(WHEELER, PHILLIP)

AN ACT relating to employment of part-time adjunct instructors for the Kentucky Fire Commission.

Amends KRS 61.637 to allow a part-time adjunct instructor for the Kentucky Fire Commission, who has not participated in the Kentucky Employees Retirement Systems prior to retirement, but is eligible to retire from the County Employees Retirement System, to retire and draw benefits without being required to resign from his or her position as part-time adjunct instructor for the Kentucky Fire Commission.

  CURRENT STATUS

2/27/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Neutral

OPEN RECORDS
(BUFORD, TOM)

AN ACT relating to open records.

Amend KRS 61.870 to include a utility regulated by the Public Service Commission under the definition of a "public agency" for purposes of public records only; amend KRS 61.878 to provide that records of a utility relating to expenditure of funds paid for by its customers are public records.

  CURRENT STATUS

2/28/2020 - (S) Referred to Committee Senate Natural Resources & Energy (S)

Position

Neutral

STATE-ADMINISTERED RETIREMENT SYSTEMS
(HIGDON, JIMMY)

AN ACT relating to the state-administered retirement systems.

Amend KRS 21.540, 61.645, and 161.250 to require the state-administered retirement systems to publicly disclose by asset class, instead of at the manager level, the dollar value of all fees and commissions paid to managers and partnerships, including but not limited to profit sharing, carried interest, and any other partnership incentive arrangements; require that, in addition to contracts and offering documents, all renewals or modifications of those contracts for services, goods, or property be made publicly available if purchased or utilized by the retirement system for fiscal years beginning on or after July 1, 2017; require that information withheld from public disclosure under existing statutory exemptions be redacted under a process approved by the retirement board.

  CURRENT STATUS

2/28/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Support

ABANDONED AND BLIGHTED PROPERTY
(MILLS, ROBBY)

AN ACT related 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, 2021.

  CURRENT STATUS

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

Position

Support

REEMPLOYMENT OF POLICE OFFICERS
(CARPENTER, JARED)

AN ACT related to reemployment of police officers by cities

Amend KRS 95.022 to provide that retired police officers who after retirement are hired by the city for purposes of KRS 158.4414 shall not count against the limitations of the number of reemployed retirees hired by a city.

  CURRENT STATUS

3/2/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Support

UNDERGROUND FACILITY PROTECTION
(SCHRODER, WIL)

AN ACT related to underground facility protection

Amend KRS 367.4903 to redefine "excavator," "approximate location," and "working day"; define "person," "positive response," "tolerance zone," and "unlocatable facility"; amend KRS 367.4909 to require a positive response from operators of underground facilities; enunciate the timing of operator responses; amend KRS 367.4911 to provide excavator start dates and when mechanized equipment can be used in the tolerance zone; amend KRS 367.4913 to change the composition of the Kentucky Contact Center board of directors; amend KRS 369.4915 to exempt certain noninvasive inspection and maintenance excavating; amend KRS 367.4917 to impose penalties on the employer if the violation is committed in the scope of employment.

  CURRENT STATUS

3/2/2020 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

Position

Under Evaluation

CONSTABLES
(WHEELER, PHILLIP)

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; courses shall include but are not limited to firearms qualification, emergency vehicle operations, and defensive driving; constables and deputy constable seeking certification must pay costs of courses unless other funds are available; county board of elections shall notify the association within 60 days after election of constable and, where judge/executive appoints a constable, county clerk shall notify the association of appointment providing contact information; for counties with deputy constables, the constable shall provide contact information to the association; the association shall maintain records of training hours completed by constables and deputies; the association shall issue certificates to constables and deputies upon satisfactory completion of training; the association shall maintain a Web site listing of constables and deputies who have and have not completed training; amend KRS 189.910 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; delete reference for minimum bond for certified constables.

  CURRENT STATUS

3/2/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Oppose

SPECIAL PURPOSE GOVERNMENTAL ENTITIES
(MILLS, ROBBY)

AN ACT relating to a special purpose governmental entity fee and making an appropriation therefor.

Create a new section of KRS Chapter 132 to establish an annual fee for a special purpose governmental entity's use of the property valuation administrator's assessment; establish requirements for the fee; allow the Department of Revenue to promulgate regulations for collection of the fee; create the special purpose governmental entity fund; establish requirements for the disbursement of funds; APPROPRIATION.

  CURRENT STATUS

3/4/2020 - (S) Referred to Committee Senate State & Local Government (S)

Position

Under Evaluation

BACKGROUND CHECKS
(MCGARVEY, MORGAN)

AN ACT relating to backgrounds checks.

Create a new section of KRS Chapter 199 to define "youth serving organization" and allow the Department of Kentucky State Police to send the results of national criminal background checks to youth serving organizations.

  CURRENT STATUS

3/4/2020 - (S) Referred to Committee Senate Judiciary (S)

Position

Under Evaluation

PROTECTION FOR ENTREPRENEURS AND WORKERS
(WHEELER, PHILLIP)

AN ACT related to protection for entrepreneurs and workers

Amend KRS 336.010 to add definitions of "contractor," "person," "prime contractor," and "subcontractor"; amend KRS 336.040 to give authority to the Labor Cabinet for purposes of determining if a person is an employee or an independent contractor; provide the procedure for the determination; create a new section of KRS Chapter 336 to provide the elements for determining if someone is an independent contractor; limit prime contractor liability and eliminate employee benefits and wages for independent contractors; require the cabinet to notify certain governmental agencies that employee misclassification has occurred; amend KRS 336.050 to require the secretary of the Labor Cabinet to develop a training program to educate entrepreneurs and the public about classification of employees to begin no later than July 1, 2021; amend KRS 336.990 to add penalties for the misclassification of employees; Sections 1, 3 and 5 EFFECTIVE January 1, 2022.

  CURRENT STATUS

3/5/2020 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

Position

Under Evaluation

ALCOHOLIC BEVERAGE LICENSES
(HIGDON, JIMMY)

AN ACT relating to alcoholic beverage licenses

Amend KRS 243.100 to remove the residency requirement; amend KRS 243.040 and 243.200 to conform; amend KRS 243.360 to remove outdated address from statute; amend KRS 243.240 to remove sales percentage provisions and club or subscription language and to specify that deliveries must be made into territory that has authorized package sales and be made by an employee or independent contractor of the licensee; amend KRS 241.010 to remove the word exclusively from the definition of commercial quadricycle.

  CURRENT STATUS

3/5/2020 - (S) Referred to Committee Senate Licensing, Occupations, & Administrative Regulations (S)

Position

Neutral

ELECTIONS
(THAYER, DAMON)

AN ACT relating to elections and making an appropriation therefor.

Create new sections of KRS Chapter 117 to require the State Board of Elections to establish, maintain, and continuously update a computerized map of Kentucky containing census geography and election precinct boundaries and to specify how election precincts must be displayed and disseminated; create the Kentucky elections technology trust fund to establish, maintain, and update the computerized map; amend KRS 117.055 to permit county boards of elections to file electronic maps in lieu of paper maps of election precinct boundaries; amend KRS 117.0551 to allow county boards of elections to utilize GPS coordinate pairs for precinct boundaries if the county submits electronic maps and to use physical features shown on official maps prepared by the Kentucky Geography Network; amend KRS 117.0552 to conform; amend KRS 117.0556 to provide an opportunity for the Legislative Research Commission to review any proposed precinct establishment order; amend KRS 7.550 to provide that any map maintained by the Legislative Research Commission is for the General Assembly's use in redistricting and to give the authority to alter the map for redistricting purposes only if an election precinct boundary does not follow a boundary maintained by the United States Bureau of the Census for reporting population data; amend KRS 67.045 and 67C.135 to permit local governments to defer local redistricting until after the General Assembly redistricts Congressional and state legislative districts; amend KRS 67.050 and 67C.103 to conform; direct the State Board of Elections to establish the computerized map by June 1, 2023; delay the effective date of Sections 3 to 5 until June 1, 2023.

  CURRENT STATUS

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

Position

Neutral

DIRECT SHIPMENT OF WINE
(WISE, MAX)

AN ACT relating to direct shipment of wine to consumers.

Amend KRS 241.010 to define "direct shipper" and amend the definitions of "retail sale" and "sale"; create a new section of KRS Chapter 243 to establish a direct shipper license and penalties for violations; amend KRS 243.030 to establish the license fee for a direct shipper license; amend KRS 243.120 to allow a Kentucky winery to ship to a consumer; amend KRS 243.130 to allow for the direct shipper license; amend KRS 243.155 to remove the in-person requirement for wine purchases and to conform with direct shipper license privileges; amend KRS 244.165 to specify the privileges for a Kentucky-licensed small farm winery or winery; add the direct shippers license privileges; amend KRS 243.034 and 243.0341 to conform; provide severability provisions.

  CURRENT STATUS

4/15/2020 - (S) recommitted to committee Senate Licensing, Occupations, & Administrative Regulations (S)

Position

Oppose

PUBLIC WATER AND WASTE WATER SYSTEM
(WHEELER, PHILLIP)

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 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 2020 Interim and to submit its findings, legislative recommendations, or a memorandum to the Legislative Research Commission by November 30, 2020; 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

3/19/2020 - House Natural Resources & Energy (H), (Bill Scheduled for Hearing); Time & Location:

Position

Support