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Legislative Report May 13, 2021
Prepared by: Top Shelf Lobby, LLC


KPA - Kentucky Legislative Report
Bill Information
LEGISLATIVE OVERSIGHT
(BECHLER L)

AN ACT relating to legislative oversight and declaring an emergency.

Amend KRS 6.900 to define "person"; amend KRS 6.905 to change the name of the Legislative Program Review and Investigations Committee to the Legislative Oversight and Investigations Committee; require the President of the Senate and the Speaker of the House to appoint a co-chair and vice chairs from their respective bodies and make provisions for appointment of a subcommittee; amend KRS 6.910 to set forth the purpose of the committee; provide that information and working papers of the committee are exempt from open records; allow the committee to study a matter without regard to jurisdiction of another statutory or standing committee; and provide for issuance of subpoenas; amend KRS 6.930 to allow the committee to report any matter under its study to law enforcement, the Auditor of Public Accounts, or any other state official having jurisdiction over the matter under investigation and require a report; create a new section of KRS 6.900 to 6.935 to establish a penalty not to exceed $100 per day and a maximum of $1,000 for any person who fails to comply with a subpoena issued by the committee; amend KRS 12.028 and KRS 620.055 to conform; EMERGENCY.
House Committee Substitute (1) Retain original provisions; change the minority party representation on any subcommittee appointed by the President of the Senate and Speaker of the House from one-third of the subcommittee to proportionate to the minority representation in each chamber.
Senate Committee Substitute (1) Retain original provisions; change the definition of person; require the Circuit Court to render final judgment within 45 days from the date when a petition is filed by the committee or from the date of the commencement of any action or motion by any witness seeking to quash or resist compliance with a subpoena issued by the committee.

  RECENT STATUS

3/12/2021 - delivered to Secretary of State (Acts Ch. 14)

3/12/2021 - Enrolled, Signed by President of the Senate

3/12/2021 - Enrolled, Signed by Speaker of the House

LIMITATION OF LIABILITY DURING THE COVID-19 PANDEMIC
(SHELDON S)

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

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

  RECENT STATUS

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

1/9/2021 - received in Senate

1/9/2021 - (H) THIRD READING, passed 75-21 with Committee Substitute (1)

EMERGENCY ORDERS
(MADDOX S)

AN ACT relating to emergencies and declaring an emergency.

Create a new section of KRS Chapter 39A to define "emergency order", set parameters for the issuance of an emergency order, and provide for legal action to enforce the parameters; amend Section 39A.090 to apply the emergency order definition to executive orders issued under KRS Chapters 39A to 39F; amend KRS 39A.100 to require that emergency orders issued by the Governor contain an expiration date not greater than 14 days, with extension only as provided by the General Assembly, require that emergency orders issued by a chief executive of a local government contain an expiration date of not greater than 14 days with extension only as provided by the legislative body of the local government, move associated election deadlines if the date of the election is moved, prohibit the suspension of any laws, and specify that no governmental entity may prohibit or severely limit in-person worship; amend KRS 194A.025 to specify that the Secretary for Heath and Family Services may not take any action contrary to the specific limitations on actions by the cabinet in the event of infectious or contagious diseases; amend KRS 214.020 to limit actions taken by the Cabinet for Heath and Family Services in the event of infectious or contagious disease to 21 days unless extended or changed by the General Assembly, and prohibit similar or related actions taken to extend the time limitation; name the Act the "Ensuring Basic Checks and Balances and Basic Liberties During Emergencies Act; EMERGENCY.

  RECENT STATUS

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

7/7/2020 - Pre-Filed

RESTRICTING EFFECTIVE DATES OF EMERGENCY EXECUTIVE ORDERS
(GOOCH JR. J)

AN ACT relating to emergencies.

Amend KRS 39A.090 to limit the effective dates of emergency executive orders issued by the Governor to thirty days unless extended by the General Assembly; amend KRS 39A.100 to require executive orders suspending or delaying an election to remain in effect unless changed by an action of the General Assembly; amend KRS 367.374 to allow the Governor only one additional fifteen day extension period.

  RECENT STATUS

1/6/2021 - (H) WITHDRAWN

1/5/2021 - Introduced

7/10/2020 - Pre-Filed

PRODUCTION OF VITAL MEDICAL SUPPLIES
(ELLIOTT D)

AN ACT relating to production of vital medical supplies.

Amend KRS 154.32-010 to further define manufacturer as a producer of personal protective equipment, and define vital medications and personal protective equipment; amend KRS 154.32-020 to declare a purpose of the subchapter is to provide an economic stimulus to bolster in-state production of vital medications and personal protective equipment and allow facilities that produce vital medications and personal protective equipment to qualify for tax incentives under the subchapter; amend KRS 154.32-060 to allow for facilities that are rehabilitated or replaced in order to produce vital medications and personal protective equipment to be eligible for tax benefits under the subchapter; amend KRS 154.34-010 to include a facility that reinvests in the production of vital medications and personal protective equipment to be eligible for benefits under the subchapter and define personal protective equipment; amend KRS 154.35-010 to define vital medications and personal protective equipment; amend KRS 154.35-050 to direct the University of Louisville research centers to identify facilities and businesses capable of producing vital medications and personal protective equipment, and work with health departments to assess the needs of medical facilities and communities.

  RECENT STATUS

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

10/22/2020 - Pre-Filed

PROHIBITING REQUIRED IMMUNIZATIONS
(MADDOX S)

AN ACT relating to ensuring basic liberties regarding immunizations and declaring an emergency.

Amend KRS 214.036 to prohibit required immunization of any person by any state agency or instrumentality; create the short title "Ensuring Bodily Autonomy and Informed Consent Act"; EMERGENCY.

  RECENT STATUS

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

9/9/2020 - Pre-Filed

LEAVE FROM EMPLOYMENT
(ROBERTS R)

AN ACT relating to leave from employment.

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

  RECENT STATUS

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

9/16/2020 - Pre-Filed

PAID PARENTAL LEAVE
(NEMES J)

AN ACT relating to paid parental leave.

Create a new section of KRS Chapter 18A to allow employees of the Commonwealth of Kentucky a paid leave of absence of 12 weeks for the birth or adoption of a child and to establish requirements for the paid leave of absence; amend KRS 18A.025 and 18A.110 to conform.

  RECENT STATUS

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

9/18/2020 - Pre-Filed

ENFORECMENT OF A LIEN AGAINST A STORAGE UNIT OCCUPANT
(BRATCHER K)

AN ACT relating to enforcement of a lien against a storage unit occupant.

Amend KRS 359.230 to permit storage facilities to advertise lien enforcement auction notices on a publicly accessible Web site as an alternative to publication in a newspaper of general circulation.
House Committee Substitute (1) Amend KRS 359.230 to permit storage facilities to advertise lien enforcement auction notices in a commercially reasonable manner as an alternative to publication in a newspaper of general circulation.

  RECENT STATUS

3/25/2021 - SIGNED BY GOVERNOR; (Acts Ch. 115)

3/15/2021 - delivered to Governor

3/15/2021 - Enrolled, Signed by President of the Senate

DAMAGES TO SMALL BUSINESSES RESULTING FROM EXECUTIVE ORDERS
(HART M)

AN ACT relating to damages to small businesses resulting from executive orders.

Create a new section of KRS Chapter 39A to define "emergency order" and "small business"; to allow a small business owner adversely effected by an emergency order to bring an action against the Commonwealth for lost income, loss of going concern, or fees and costs if the temporary or partial closure of the business would not have occurred but for compliance with an emergency order; to place the burden of proving the loss is due to the emergency order upon the business owner; to require actions be commenced within 1 year of the expiration of the emergency order that resulted in the closure of the business.

  RECENT STATUS

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

12/9/2020 - Pre-Filed

PROHIBITING DENIAL OF PERMITS BASED ON FAILURE TO COMPLY WITH EXECUTIVE ORDERS
(MADDOX S)

AN ACT relating to fairness for licensees and businesses during the Coronavirus response and declaring an emergency.

Amend KRS 217.125 to prohibit denial of food processing and distribution permits based on failure to comply with executive orders; create a section of KRS Chapter 243 to prohibit denial of food processing and distribution permits based on failure to comply with executive orders; create a section of KRS Chapter 336 to prohibit the Secretary of the Labor Cabinet from enforcing executive orders based on COVID-19; establish the short title of "Ensuring Business Fairness During COVID-19 Response Act"; EMERGENCY.

  RECENT STATUS

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

12/11/2020 - Pre-Filed

RECORDED INSTRUMENTS
(FISCHER J)

AN ACT relating to recorded instruments.

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

  RECENT STATUS

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

1/5/2021 - Introduced

SCHOOL BUILDING PROJECTS
(DOSSETT M)

AN ACT relating to school building projects.

Amend KRS 162.070 to increase the minimum amount for advertising and bidding school building projects from $7,500 to $30,000.

  RECENT STATUS

3/5/2021 - (S) Referred to Committee Senate Education (S)

3/4/2021 - received in Senate

3/3/2021 - (H) THIRD READING, passed 95-0

GOVERNMENTAL EMERGENCIES
(TIPTON J)

AN ACT relating to governmental emergencies and declaring an emergency.

Repeal, reenact, and amend KRS 39A.100 to limit declarations of emergency, including executive orders relating to an emergency, to 15 days unless extended by the General Assembly; prohibit the Governor from declaring a new emergency based on the same facts upon the expiration of the initial declaration; prohibit the Governor from suspending statutes or administrative regulations unless the subject matter is authorized by statute; limit declarations of emergency by local chief executive officers to 15 days unless terminated earlier or extended by the corresponding local legislative body; amend KRS 39A.180, 39A.280, 315.500, and 367.374 to conform; create a noncodified section asserting the provisions of the Act are nonseverable; EMERGENCY.

  RECENT STATUS

1/5/2021 - Introduced

STUDENT JOURNALIST FREEDOM
(SCOTT A)

AN ACT relating to student journalist freedom.

Create a new section of KRS Chapter 158 to make legislative findings; establish definitions; provide additional free speech protections for student journalists; place limitations on additional protections; provide protection for student media advisors; require each district to adopt a written policy for time, place, and manner restrictions, and for an appeals procedure; provide that student speech not be considered school speech; provide that a student journalist or student media advisor may seek injunctive relief; establish the short title of "New Voices Act".

  RECENT STATUS

1/6/2021 - Introduced

APPROPRIATIONS AND REVENUE MEASURES
(PETRIE J)

AN ACT relating to appropriations measures providing funding and establishing conditions for support due to the impact of the COVID-19 pandemic, making an appropriation therefor, and declaring an emergency.

Appropriate $220,000,000 in General Fund in fiscal year 2020-2021 to the Public Protection Cabinet for direct relief payments to eligible small businesses in eligible industries through grant application; appropriate $20,000,000 in General Fund in fiscal year 2020-2021 to the Public Protection Cabinet for direct relief payments to eligible small nonprofit organizations through grant application; provide definitions; appropriate $100,589,700 in General Fund in fiscal year 2020-2021 to the Labor Cabinet for payment of interest and principal for advances under Title XII of the Social Security Act during calendar year 2021; APPROPRIATION; EMERGENCY.

  RECENT STATUS

1/11/2021 - House Appropriations & Revenue (H), (Bill Scheduled for Hearing)

1/9/2021 - (H) Returned to Committee House Appropriations & Revenue (H)

1/9/2021 - (H) SECOND READING

EXECUTIVE BRANCH BUDGET
(PETRIE J)

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

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

  RECENT STATUS

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

3/30/2021 - Enrolled, Signed by President of the Senate

3/30/2021 - Enrolled, Signed by Speaker of the House

  NEWS STORIES

4/8/2021 - Kentucky governor notches another court victory for his emergency COVID-19 orders

4/5/2021 - Northern Kentucky Chamber of Commerce provides final round-up on legislative actions

3/31/2021 - Legislative session gaveled to close as budget approved, numerous bills passed; here’s a summary

3/30/2021 - Ky. Lawmakers Override Nearly All Of Beshear’s Vetoes

3/30/2021 - Kentucky lawmakers override most of Beshear’s 27 vetoes in marathon voting session

3/26/2021 - Gov. Andy Beshear vetoes parts of six budget bills; Seelbach, film tax credits unscathed

3/19/2021 - Death threats against Daniel Cameron move KY lawmakers to spend $500,000 for security

3/18/2021 - Western Kentucky Senator Would Like To See Budget Vote Sooner

3/16/2021 - 'This Cannot Be The Final Budget': Kentucky Legislature Buys Time To Debate Stimulus

3/15/2021 - Budget Bill Lets Ky. Legislature Decide How To Use COVID Relief Funds

3/15/2021 - KY legislature’s budget plan omits $52.4 million for retired teacher health insurance

3/15/2021 - Kentucky General Assembly sends a bare-bones state budget to Gov. Beshear

3/15/2021 - Lawmakers face more spending decisions as budget bill passes

3/13/2021 - New state budget plan lets KY lawmakers control COVID-19 relief money, not Beshear

3/9/2021 - $2.4B from COVID-19 stimulus 'totally changes the dynamics' of Kentucky state budget

3/8/2021 - Veteran Central Kentucky Senator Says Gas Tax Increase Unlikely

2/15/2021 - Kentucky Legislature Approaching Mid-Point In 2021 Session

1/13/2021 - Ky. Legislature Advances Placeholder Budget Before 3 Week Break

1/12/2021 - Kentucky House passes four state budget bills which go to Senate; hope to complete budget this month

1/11/2021 - KY House approves $12 billion state budget bill as it speeds on its way to negotiations

CHILD AND MATERNAL FATALITIES
(HEAVRIN S)

AN ACT relating to child and maternal fatalities in the Commonwealth.

Amend KRS 211.684 to require the child and maternal fatality annual report to do a demographic analysis by race, income, and geography and require the annual report be sent to the Interim Joint Committee on Health, Welfare, and Family Services.

  RECENT STATUS

3/25/2021 - SIGNED BY GOVERNOR; (Acts Ch. 121)

3/16/2021 - delivered to Governor

3/16/2021 - Enrolled, Signed by President of the Senate

CHARITABLE GAMING
(TIMONEY K)

AN ACT relating to gaming and declaring an emergency.

Amend KRS 238.505 to revise the definition of "charitable gaming facility;" amend KRS 238.536 to remove the provisions for reconsideration by the department of its actions; amend KRS 238.555 to remove licensed charitable gaming facility lease requirements, to clarify that rent shall not be based on gross receipts, and require a licensed charitable gaming facility to file a copy of each signed lease with the department; provide that the 40 percent rule in KRS 238.36 is waived for 2020.
House Committee Substitute (1) Retain original provisions; amend KRS 11A.010 to include the Kentucky Horse Racing Commission in the definition of "Officer" to include under the Executive Branch Ethics Commission, amend KRS 230.230 to require the members of the Kentucky Horse Racing Commission to be subject to the Executive Branch Ethics Commission; declare an EMERGENCY.
House Floor Amendment (3) Retain original provisions; amend KRS 138.513 to increase excise tax on advance deposit account wagering from 0.5% to 1.5% on July 1, 2022 unless KRS 138.510 is amended.
Senate Committee Substitute (1): Retain original provisions; amend KRS 238.505 to amend the definition of "charitable gaming facility"; amend KRS 238.536 to delete provisions for petition for reconsideration of license action due to failure to meet the 40 percent rule; amend KRS 238.555 to provide exemption for charitable gaming facility licensing for smaller facilities, prohibit facility rent based on a percentage of gross receipts, require licensed charitable gaming facilities to file a copy of each signed lease; amend KRS 11A.010 to include the Kentucky Horse Racing Commission in the definition of "officer"; amend KRS 11A.040 to include members of the Kentucky Horse Racing Commission in select prohibitions; amend KRS 230.230 to include members of the Kentucky Horse Racing Commission under stated parts of Executive Branch ethics requirements; stipulate that subsection (2) of KRS 238.536 shall be waived for all charitable gaming licensees for calendar year 2020; EMERGENCY.

  RECENT STATUS

4/8/2021 - SIGNED BY GOVERNOR; (Acts Ch. 200)

3/30/2021 - delivered to Governor

3/30/2021 - Enrolled, Signed by President of the Senate

REVENUE
(PETRIE J)

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

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

  RECENT STATUS

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

3/29/2021 - Enrolled, Signed by President of the Senate

3/29/2021 - Enrolled, Signed by Speaker of the House

PUBLIC RECORDS
(FREELAND C)

AN ACT relating to public records and declaring an emergency.

Amend KRS 61.878 to exclude from the Open Records Act photographs or videos that depict a person's death, killing, rape, or sexual assault or abuse; cite as the Bailey Holt-Preston Cope Victims Privacy Act; EMERGENCY.
Senate Committee Substitute (1) Amend KRS 61.878 to exclude from the Open Records Act photographs or videos that depict a person's death, killing, rape, or sexual assault or abuse except to any victim involved in the incident, any state agency or political subdivision investigating official misconduct, or a legal representative for a person under investigation or accused of a crime related to the underlying incident; cite as the Bailey Holt-Preston Cope Victims Privacy Act; EMERGENCY.
Senate Floor Amendment (1) Clarify availability of specified materials.

  RECENT STATUS

3/23/2021 - SIGNED BY GOVERNOR; (Acts Ch. 78)

3/16/2021 - delivered to Governor

3/16/2021 - Enrolled, Signed by President of the Senate

CONSOLIDATED LOCAL GOVERNMENTS
(MILLER J)

AN ACT relating to consolidated local governments.

Create a new section of KRS 67C to allow a consolidated local government to create a Civilian and Accountability Review Board, establish membership and duties of the board, authorize the board to request subpoenas from the Government Audit and Oversight Committee; amend KRS 67C.103 to specify that the legislative body may not delegate subpoena power beyond specific citations; amend KRS 67C.105 to require the mayor to be elected in nonpartisan elections, pursuant to KRS 83A.045, 83A.170 and 83A.175; amend KRS 67C.139 to make all statutory mayoral appointments subject to legislative body approval, if relevant statutes require this, and give 60 days for approval process; amend KRS 67C.143 to prevent charging members of the legislative council from serving on trial of charges; amend KRS 67C.147 to require the consolidated local government to provide accounting of program costs to urban services district board and the legislative body; amend KRS 67C.301 to define "designee"; amend KRS 67C.321 to allow chief of police designee to undertake certain portions of an investigation concerning allegations against a peace officer; amend KRS 67C.325 to allow the chief's designee to receive information; amend KRS 67C.414 to require legislative body approval of collective bargaining agreements made between the consolidated local government and any labor organization.
House Committee Substitute (1) Retain original provisions of HB 309; create a new section of KRS 67C to authorize a Civilian Review and Accountability Board, establish membership, duties of board, allow for request of subpoena from Government Accountability and Oversight Committee, provide for privacy and records security and constitutional guarantees of witnesses; amend KRS 67C.103 to require approval of any settlements or consent decrees prior to signature; amend KRS 67C.105 to limit mayor to 2 consecutive terms, after January 1, 2023; amend KRS 67C.115 to limit the power of the county attorney for the pre-approval of legislation and allow for advisory opinions on proposed legislation; and amend KRS 67C.321 to include the chief's designee in disciplinary actions, require written statements be furnished to the officer involved, and make the chief responsible for designee's actions.
House Floor Amendment (8) Amend HCS/1 to HB 309 by deleting references to nonpartisan elections; and by inserting a new Section 4 amending KRS 67C.111, making technical changes, requiring council approval of an annexation supported by 75% of the residents, prohibit the mayor from vetoing any ordinance approving an annexation.

  RECENT STATUS

3/30/2021 - (S) recommitted to committee Senate State & Local Government (S)

3/30/2021 - (S) Posted for Passage in Regular Orders of the Day; w/ SCS 1

3/29/2021 - (S) Passed Over and retained in the Orders of the Day

  NEWS STORIES

4/1/2021 - The 2021 Kentucky legislative session is over. Here's our list of winners and losers

3/31/2021 - Here's what passed (and what didn't) on the final day of Kentucky General Assembly session

3/30/2021 - Louisville civilian review board bill dead in the Kentucky legislature, sponsor says

3/29/2021 - Lawmakers To Consider Veto Overrides, More Bills In Final Days

3/26/2021 - In the state where Breonna Taylor died, police reform bills fall on deaf ears

3/19/2021 - New Jefferson County cities allowed under bill in Kentucky legislature

3/18/2021 - What Bills Didn’t Pass Before Beshear’s Veto Period?

3/16/2021 - Senate Committee Strips Civilian Oversight Board Subpoena Powers In HB 309

3/9/2021 - One Year After Breonna Taylor Killing, Legislature Advancing Limited Police Reforms

3/3/2021 - House passes civilian review board bill after nixing change to Louisville mayoral election

3/2/2021 - Rep. Jerry Miller on bill to change power structure in Louisville

3/1/2021 - Senate committee advances bill to give Louisville civilian review board subpoena power

2/24/2021 - Louisville Police Oversight Board Could Get Indirect Subpoena Power, With A Catch

2/24/2021 - House panel approves bill that would make sweeping changes to Metro Government

2/24/2021 - Republican bill strips power, transparency from police civilian review board, critics say

2/22/2021 - Republican lawmakers have more changes in store for Louisville mayor and Metro Council

2/17/2021 - Kentucky General Assembly at the halfway point: What's passed so far and what is to come

2/3/2021 - Bill would give Louisville review board subpoena powers — with nonpartisan mayoral elections

PUBLIC RECORDS AND OPEN RECORDS REQUESTS
(ROWLAND B)

AN ACT relating to public records.

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

  RECENT STATUS

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

3/29/2021 - Enrolled, Signed by President of the Senate

3/29/2021 - Enrolled, Signed by Speaker of the House

REVENUE
(PETRIE J)

AN ACT relating to revenue.

Amend KRS 131.061 to update statutory language.
House Committee Substitute (1): Require the Department of Revenue to adhere to any extension of the 2020 federal income tax return filing or payment for Kentucky income tax purposes.
Senate Committee Substitute (1): Retain original provisions; create new sections of KRS Chapter 65 to provide incremental revenue tax incentives to the West End Opportunity Partnership and an income tax credit for certain residents; amend KRS 141.0205 to order the new tax credit; amend KRS 131.190 to require reporting by the Department of Revenue; amend KRS 138.146 to modify the bond provisions for cigarette tax; amend 2021 Regular Session HB 249/VO to modify the provisions of the certified rehabilitation tax credit.

  RECENT STATUS

4/9/2021 - SIGNED BY GOVERNOR; (Acts Ch. 203)

3/30/2021 - delivered to Governor

3/30/2021 - Enrolled, Signed by President of the Senate

ADMINISTRATIVE WRITINGS OF THE KENTUCKY DEPARTMENT OF REVENUE
(FLANNERY P)

AN ACT relating to the administrative writings of the Kentucky Department of Revenue.

Amend KRS 131.010 to define "administrative writings"; amend KRS 131.020 to require the department to publish administrative writings at least every one hundred twenty (120) days; amend KRS 131.030, 131.081, 131.130, and 131.190 to conform.

  RECENT STATUS

2/2/2021 - Introduced

APPROPRIATIONS
(FLEMING K)

AN ACT relating to appropriations.

Free Conference Committee Report 1: Appropriate funds for the payment of claims against the Commonwealth; appropriate $4 million from various fund sources to Attorney General’s office for additional personnel; appropriate $1,754,400 of General Fund moneys to the Kentucky State Police forensic laboratory personnel to move to a 40-hour work week; appropriate $20 million of General Fund moneys to the Department for Community Based Services to support prevention services for families; appropriate $37 million of Federal Funds to the Justice Administration budget unit to provide grants related to COVID-19; appropriate $10 million of General Fund moneys to the School Facilities Construction Commission to assist local school district with repairs of facilities destroyed by a flood; appropriate $2 million of Federal Funds to the Attorney General for fraud investigation and other consumer violations; appropriate $133,000 of Restricted Funds to the Proprietary Education budget unit; appropriate $12 million of General Fund moneys to the Department for Community Based Services to provide a $2 per child increase in the Child Care Assistance Program provider reimbursement rate; require General Fund moneys in the amount of $902,200 under the Office of State Budget Director budget unit to lapse to the Budget Reserve Trust Fund Account if federal funds received from the American Rescue Plan Act of 2021 are allotted, expended, or appropriated without the express authority of the General Assembly; require the Department of Corrections to pay each contracted provider of substance abuse, mental health, and reentry centers a minimum of 65% of the contracted beds monthly and may move eligible Class C and D offenders who are housed in a county jail facility that is over 110% of capacity or in a county jail that does not provide treatment and reentry resources; require a report from the Department of Education with options on how to ensure the equitable transfer of education funds; create the School Funding Task Force for the upcoming interim; APPROPRIATION; EMERGENCY.

  RECENT STATUS

4/1/2021 - delivered to Secretary of State (Acts Ch. 176)

3/30/2021 - line vetoes not acted upon in Senate

3/29/2021 - received in Senate w/Letter

IDENTITY DOCUMENTS
(BRIDGES R)

AN ACT relating to identity documents.

Amend KRS to require the Transportation Cabinet to promulgate administrative regulations to establish procedures and forms to allow an individual without a fixed, permanent address to submit a form signed by a shelter, health care facility, or other social service agency attesting to the applicant's residence for the purpose of issuance of an operator's license or personal identification card; amend KRS and to conform; amend KRS to set the price of a personal identification card for an individual without a fixed, permanent address at $5, allow the Transportation Cabinet to enter into billing arrangements with social service agencies for payment of client's fees.

  RECENT STATUS

2/9/2021 - Introduced

OPEN JUVINILE PROCEEDINGS
(FLANNERY P)

AN ACT relating to open juvenile proceedings.

Amend KRS 610.070 to establish persons who shall be admitted to a proceeding related to dependency, neglect, and abuse, and termination of parental rights; establish guidelines for attendance; amend KRS 610.105 and 610.340 to conform; repeal KRS 21A.190 and 21A.192.

  RECENT STATUS

2/11/2021 - Introduced

PRIVATE INFORMATION OF PUBLIC OFFICIALS
(BLANTON J)

AN ACT relating to private information of public officials and declaring an emergency.

Create a new section of KRS 61.870 to 61.884 exempting personally identifiable information of judges, prosecutors, and law enforcement officers from the Open Records Act; create a new section of KRS Chapter 525 to create a new offense of disseminating personally identifiable information of a law enforcement official; make the offense of disseminating personally identifiable information of a law enforcement official a Class A misdemeanor, unless disseminated recklessly, in which case it is a Class B misdemeanor; create a punishment of any dissemination of personally identifiable information performed intentionally or with the reason to believe the dissemination would result in serious physical injury to a law enforcement official or immediate family member as a Class C felony, or if the dissemination results in death of a law enforcement official or immediate family member a Class A felony; create a punishment if the resulting property damage is more than $500 but less than $10,000 as a Class D felony, more than $10,000 but less than $1,000,000 a class C felony, $1,000,000 or more a Class B felony; create a new section of KRS Chapter 411 to permit qualified persons to file a civil action for dissemination of personally identifiable information of a law enforcement official or immediate family member; cite as the Fred Capps Act; EMERGENCY.

  RECENT STATUS

2/23/2021 - (H) Referred to Committee House Judiciary (H)

2/11/2021 - Introduced

SOCIAL MEDIA WEBSITES
(KIRK-MCCORMICK N)

AN ACT relating to social media Web sites and declaring an emergency.

Create a new sections of KRS Chapter 411 to establish that the owner or operator of a social media Web site is subject to a private cause of action by a social media Web site user in this state under specified conditions; establish entitlement to damages, including the award of reasonable attorney fees and costs; specify that a user's hate speech shall not constitute a basis for justification or defense; authorize the Attorney General to bring an action on behalf of a social media Web site user; establish a violation under deceptive trade practices; provide exceptions for deletion or censoring of certain types of speech; EMERGENCY.

  RECENT STATUS

2/22/2021 - Introduced

FISCAL MATTERS AND RURAL HOSPITAL APPROPRIATIONS
(BENTLEY D)

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

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

  RECENT STATUS

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

4/7/2021 - VETOED BY GOVERNOR; 2 line items vetoed

3/30/2021 - delivered to Governor

LAW ENFORCEMENT BACKGROUND INVESTIGATIONS
(GRAHAM D)

AN ACT relating to law enforcement background investigations.

Create new sections of KRS Chapter 15 to create a method for law enforcement agencies to request disciplinary records from other agencies where the applicant has previously been employed; require applicants to consent to disclosure of prior records; require the Kentucky Law Enforcement Council to administer the program and develop forms.

  RECENT STATUS

2/23/2021 - Introduced

OPEN RECORDS
(SCOTT A)

AN ACT relating to open records.

Create a new section of KRS 61.870 to 61.884 to require all 911 communications pertaining to law enforcement be open records; require any public agency, including any law enforcement agency, county attorney, or Commonwealth's attorney that has obtained any records pertaining to any 911 communication in an ongoing investigation or administrative adjudication to release all relevant information pertaining to the 911 communication on its Web site; require any body camera footage relating to the 911 communication be released on the agency's Web site within 14 days, and all other records relating to the 911 communication within 3 days; require an agency to state reasons it cannot release relevant 911 records on its Web site, if it cannot do so within the required timeframe, and provide a date the information will be made available; amend KRS 17.150 to require any 911 records to be used in a prospective law enforcement action be released on an agency's Web site; repeal, reenact, amend, and renumber KRS 61.168 as 61.8747 to allow an agency to redact any body-worn camera recordings containing certain video or audio footage; require any body-worn camera recordings involving 911 communications pertaining to law enforcement to be uploaded on an agency's Web site; permit a person, entity, or personal representative of a person or entity directly involved in an incident contained in a body-worn camera recording to view the footage on the agency's premises or request and obtain a copy of the footage; repeal, reenact, amend, and renumber KRS 61.169 as 61.8748 and make conforming changes;

  RECENT STATUS

2/23/2021 - Introduced

TECHNOLOGY TRANSPARENCY
(PRUNTY M)

AN ACT relating to technology transparency.

Create a new section of KRS Chapter 367 to define "social media web site"" algorithm," and "shadowban"; prohibit social media web sites from censoring religious or political speech, using algorithms to shadowban user's content, or frequently changing terms of use; require that social media web sites provide notice to suspended users; clarify unprotected First Amendment speech that social media web sites can censor; and specify damages available to harmed social media users.

  RECENT STATUS

2/23/2021 - Introduced

RATIFYING EMERGENCY EXECUTIVE ORDERS
(OSBORNE D)

A JOINT RESOLUTION ratifying emergency executive orders and declaring an emergency.

Ratify emergency executive orders relating to COVID-19 and declare that the orders expire 60 days from the passage of the Resolution; EMERGENCY.
House Committee Substitute (1) Retain original provisions; list emergency executive orders, emergency executive actions, and emergency administrative regulations relating to COVID-19 expiring in either 60 days, 30 days, or on the effective date of the Act; EMERGENCY.
House Floor Amendment (1) Provide that nothing in the Act shall be interpreted to allow state agencies to remain closed for regular in-person business.
Senate Committee Substitute (1) Retain original provisions; change the expiration date of certain emergency executive orders, emergency executive actions, and emergency administrative regulations relating to COVID-19 from 60 days to 90 days; add language providing that the intention of the resolution is not to impair or delay the ability of the Commonwealth to receive any federal stimulus or pandemic related funds; make technical corrections; EMERGENCY.

  RECENT STATUS

3/30/2021 - delivered to Secretary of State (Acts Ch. 168)

3/30/2021 - Enrolled, Signed by President of the Senate

3/30/2021 - Enrolled, Signed by Speaker of the House

LIMIT ON EXECUTIVE ORDERS
(CASTLEN M)

AN ACT relating to emergencies and declaring an emergency.

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

  RECENT STATUS

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

2/2/2021 - Enrolled, Signed by Speaker of the House

2/2/2021 - Enrolled, Signed by President of the Senate

  NEWS STORIES

4/8/2021 - Kentucky governor notches another court victory for his emergency COVID-19 orders

3/9/2021 - Kentucky pubs, restaurants sue Beshear over COVID-19 restrictions

3/8/2021 - Judge Blocks Bills Limiting Beshear’s Pandemic Powers

3/3/2021 - Judge rules in Beshear’s favor, blocks laws limiting governor’s COVID-19 powers

2/18/2021 - Kentucky judge urges compromise on COVID-19 laws. He will rule within 10 days.

2/17/2021 - Kentucky General Assembly at the halfway point: What's passed so far and what is to come

2/11/2021 - Rand Paul urges KY lawmakers to pass election security measures that already exist.

2/10/2021 - Bill to limit emergency restrictions on child care centers clears Senate committee

2/3/2021 - Judge halts new COVID-19 law that changed Kentucky’s reopening rules

2/3/2021 - New GOP-Backed Executive Order Limit Temporarily Halted, Others Still Intact

2/3/2021 - Gov. Andy Beshear files lawsuit to curb Republican-led efforts to block his authority

2/3/2021 - Judge grants temporary injunction on bill limiting Beshear's COVID-19 powers

2/2/2021 - Budget, gambling among issues facing lawmakers as General Assembly returns for second part of session

2/2/2021 - Ky. Legislature Begins Overriding Gov. Beshear Vetoes

2/2/2021 - GOP swiftly overrides Beshear vetoes. He immediately challenges COVID laws in court.

2/2/2021 - ‘See you in court,’ Beshear tells legislative leaders on taking up his vetoes this week

2/1/2021 - General Assembly 2021 looks at COVID-19 measures, impeachment, budgets as lawmakers return

2/1/2021 - Kentucky Lawmakers Return To Deal With Budget, Vetoes, Impeachment

1/26/2021 - Beshear seeks compromise with legislators on limiting his COVID-19 emergency powers

1/20/2021 - Gov. Andy Beshear vetoes 5 bills, including 3 that limit his COVID-19 emergency powers

1/19/2021 - Beshear vetoes five bills limiting his power. Republicans likely to override him.

1/19/2021 - Beshear Vetoes Bills Limiting Powers During Pandemic, States Of Emergency

1/16/2021 - With GOP lawmakers ready to limit Beshear's pandemic powers, what happens next?

1/11/2021 - Kentucky Gov. Andy Beshear says he will veto bills hampering his Covid-19 response

1/10/2021 - Lawmakers Pass Six Bills In Rare Saturday Session

1/9/2021 - KY legislature sets ‘least restrictive’ COVID-19 standards for businesses, schools

1/9/2021 - Ky. Legislature Sends Beshear Bills Limiting Pandemic Powers

1/9/2021 - ‘Born Alive’ bill first of session to clear Senate

1/8/2021 - Bills restricting Kentucky governor's emergency power moving at warp speed through legislature

1/8/2021 - 9 GOP priority bills on abortion, governor's powers speed through Kentucky legislature

1/8/2021 - These 10 GOP bills are being fast-tracked in the KY legislature. Here’s what they do.

1/6/2021 - Kentucky Republicans fast-track several bills to curb powers of Gov. Beshear

1/5/2021 - Kentucky Legislature Moves To Limit Beshear’s Powers On First Day Of Session

12/31/2020 - The legislature wants to curb Beshear’s executive powers. What does that look like?

ADMINISTRATIVE REGULATIONS
(WEST S)

AN ACT relating to administrative regulations and declaring an emergency.

Amend KRS 13A.010 to define “legislative committee”; amend KRS 13A.030 to include emergency administrative regulations without adequate justification in the list of administrative regulations that may be found deficient; amend KRS 13A.040 to conform; amend KRS 13A.190 to specify requirements for an emergency administrative regulation, provide for public comment and legislative review, specify submission requirements for documentary evidence; amend KRS 13A.220 to require specified information about an administrative regulation to be displayed on the agency Web site; amend KRS 13A.2251 and 13A.2255 to require material incorporated by reference to be displayed on the agency Web site; amend KRS 13A.250 to conform; amend KRS 13A.270 to include public hearings and written comment periods for emergency administrative regulations; amend KRS 13A.280 to include amending an emergency regulation at a legislative committee meeting; amend KRS 13A.290 to conform; amend KRS 13A.300 to conform and to allow a legislative committee to find an emergency regulation deficient if no representation from the administrative body appears; amend KRS 13A.310 to conform and to allow an emergency regulation to be withdrawn under certain conditions; amend KRS 13A.312 to stipulate that transfers of authority or name changes of administrative bodies by executive order during an interim period shall be returned to their previous forms if not codified or confirmed during the next regular session of the General Assembly; amend KRS 13A.315 and 13A.320 to conform; amend KRS 13A.330 to conform and to describe the process to be followed after an emergency administrative regulation is found deficient; amend KRS 13A.331, 13A.335, 13A.336, and 13A.338 to conform; amend KRS 214.020 to require administrative regulations promulgated under the section to be in effect no longer than 30 days if imposing restrictions on gatherings or imposing mandatory quarantine or isolation requirements, include penalty, appeal and due process information, and contain public hearing and written comment periods; amend KRS 214.990 to include violations of KRS Chapter 13A. EMERGENCY.
Senate Committee Substitute (1) Retain original provisions; EMERGENCY.
House Floor Amendment (1) Amend KRS 13A.030 to include in causes of deficiency a failure to provide notice as required in subsection (3) of Section 9 of the Act; amend KRS 214.020 to extend the 30-day limit on administrative regulations limiting in-person meetings to local government meetings.

  RECENT STATUS

2/2/2021 - delivered to Secretary of State (Acts Ch. 7)

2/2/2021 - Enrolled, Signed by Speaker of the House

2/2/2021 - Enrolled, Signed by President of the Senate

  NEWS STORIES

4/8/2021 - Kentucky governor notches another court victory for his emergency COVID-19 orders

3/9/2021 - Kentucky pubs, restaurants sue Beshear over COVID-19 restrictions

3/8/2021 - Judge Blocks Bills Limiting Beshear’s Pandemic Powers

3/3/2021 - Judge rules in Beshear’s favor, blocks laws limiting governor’s COVID-19 powers

2/18/2021 - Kentucky judge urges compromise on COVID-19 laws. He will rule within 10 days.

2/10/2021 - Bill to limit emergency restrictions on child care centers clears Senate committee

2/3/2021 - New GOP-Backed Executive Order Limit Temporarily Halted, Others Still Intact

2/3/2021 - Gov. Andy Beshear files lawsuit to curb Republican-led efforts to block his authority

2/3/2021 - Judge grants temporary injunction on bill limiting Beshear's COVID-19 powers

2/2/2021 - GOP swiftly overrides Beshear vetoes. He immediately challenges COVID laws in court.

2/2/2021 - Kentucky General Assembly overrides Beshear vetoes, setting up legal battle

2/2/2021 - ‘See you in court,’ Beshear tells legislative leaders on taking up his vetoes this week

2/2/2021 - Budget, gambling among issues facing lawmakers as General Assembly returns for second part of session

2/1/2021 - Kentucky Lawmakers Return To Deal With Budget, Vetoes, Impeachment

2/1/2021 - General Assembly 2021 looks at COVID-19 measures, impeachment, budgets as lawmakers return

1/26/2021 - Beshear seeks compromise with legislators on limiting his COVID-19 emergency powers

1/20/2021 - Gov. Andy Beshear vetoes 5 bills, including 3 that limit his COVID-19 emergency powers

1/19/2021 - Beshear vetoes five bills limiting his power. Republicans likely to override him.

1/19/2021 - Beshear Vetoes Bills Limiting Powers During Pandemic, States Of Emergency

1/16/2021 - With GOP lawmakers ready to limit Beshear's pandemic powers, what happens next?

1/10/2021 - Lawmakers Pass Six Bills In Rare Saturday Session

1/9/2021 - KY legislature sets ‘least restrictive’ COVID-19 standards for businesses, schools

1/9/2021 - ‘Born Alive’ bill first of session to clear Senate

1/8/2021 - Bills restricting Kentucky governor's emergency power moving at warp speed through legislature

1/8/2021 - 9 GOP priority bills on abortion, governor's powers speed through Kentucky legislature

1/8/2021 - These 10 GOP bills are being fast-tracked in the KY legislature. Here’s what they do.

REORGANIZATION RELATING TO AGRICULTURE
(HORNBACK P)

AN ACT relating to reorganization and declaring an emergency.

Amend KRS 11.400 to conform; amend KRS 12.023 to remove the Agricultural Development Board and the Kentucky Agricultural Finance Corporation from the Office of the Governor; amend KRS 12.020 to attach the Agricultural Development Board and the Kentucky Agricultural Finance Corporation to the Department of Agriculture, abolish the Kentucky Council on Agriculture, abolish the Kentucky Tobacco Settlement Trust Corporation; amend KRS 18A.115 to exempt employees of the Agricultural Development Board and the Kentucky Agricultural Finance Corporation from classified service, amend KRS 42.016 to conform, amend KRS 246.030 to establish the Kentucky Office of Agricultural Policy, amend KRS 247.944 to attach the Kentucky Agricultural Finance Corporation to the Department of Agriculture, authorize the Commissioner of Agriculture to appoint the members of the board of directors, confirm member appointments as provided in KRS 11.160(2), allow staff services for the board to be provided by the Department of Agriculture, exempt the Kentucky Agricultural Finance Corporation from reorganization under KRS Chapter 12; amend KRS 248.707 to designate the Commissioner of Agriculture to serve as chairperson of the Agricultural Development Board, authorize the Commissioner of Agriculture to appoint members of the Agricultural Development Board, attach the Agricultural Development Board to the Department of Agriculture, allow staff services for the board to be provided by the Department of Agriculture, exempt the Agricultural Development Board from reorganization under KRS Chapter 12; amend KRS 248.709 to require the board to update the comprehensive plan no less than every ten years; amend KRS 248.713 to conform; amend KRS 260.860 to conform; repeal KRS 247.410 relating to definitions, KRS 247.413 relating to creation of council, KRS 247.417 relating to members of council, KRS 247.420 relating to duties and powers of council; KRS 247.421 relating to Agricultural Export Authority, KRS 247.423 relating to steering committee; KRS 247.430 relating to Funds, KRS 248.480, relating to the Kentucky Tobacco Settlement Trust Corporation; transfer affairs associated with the Governor's Office of Agricultural Policy, Agricultural Development Board, and the Kentucky Agricultural Finance Corporation to the Department of Agriculture; authorize the Commissioner of Agriculture to approve projects or programs to be funded by the Agricultural Development Board, authorize the Commissioner of Agriculture to approve actions of the Kentucky Agricultural Finance Corporation, direct board members of the Agricultural Development Board and Kentucky Agricultural Finance Corporation to serve terms as set forth, EMERGENCY.
House Floor Amendment (1) Amend KRS 248.709 to specify hiring of an executive director.

  RECENT STATUS

3/12/2021 - delivered to Secretary of State (Acts Ch. 12)

3/12/2021 - Enrolled, Signed by Speaker of the House

3/12/2021 - Enrolled, Signed by President of the Senate

CREATION OF THE COMMISSION ON RACE AND ACCESS OF OPPORTUNITY
(GIVENS D)

AN ACT relating to the creation of a Commission on Race and Access to Opportunity.

Create a new section of KRS Chapter 7 to establish a Commission on Race and Access to Opportunity; define "commission"; set forth the membership of the commission; authorize the authority to hold monthly meetings, seek comment and testimony, and provide research driven policy proposals; and require the commission to publish an annual report.
Senate Committee Substitute (1) Retain original provisions; include child welfare, juvenile justice, and any other sectors deemed relevant to the study and research areas of the Commission on Race and Access to Opportunity; require the four members appointed by leadership to be from the private and nonprofit sectors, universities, or local governments; require the annual report be submitted to the Legislative Research Commission.
House Committee Substitute (1) Retain original provisions; replace the executive director of the Human Rights Commission with the Attorney General as a member of the Commission on Race and Access.
House Floor Amendment (1) Replace the Attorney General or his or her designee as a member of the Commission on Race and Access to Opportunity with a member selected by the President of the Senate and Speaker of the House of Representatives from a list of three names submitted by the Prosecutors Advisory Council.

  RECENT STATUS

3/28/2021 - BECAME LAW WITHOUT GOVERNOR'S SIGNATURE; (Acts Ch. 146)

3/16/2021 - delivered to Governor

3/16/2021 - Enrolled, Signed by Speaker of the House

LEGAL ADVERTISING
(ALVARADO R)

AN ACT relating to deceptive lawsuit advertising and solicitation practices.

Creates new sections of KRS Chapter 367 to regulate advertising for legal services.

  RECENT STATUS

1/11/2021 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

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

12/9/2020 - Pre-Filed

EMERGENCY MEETING OF GENERAL ASSEMBLY
(MCDANIEL C)

AN ACT proposing to amend Section 36 of the Constitution of Kentucky relating to time and place of meetings of the General Assembly.

Propose to amend Section 36 of the Constitution of Kentucky to require the General Assembly to convene if the Governor declares a state of emergency in the Commonwealth, and the state of emergency exceeds thirty days in the aggregate of a calendar year during which time the General Assembly is not in regular session. The subjects to be considered by the General Assembly shall be the Governor's executive orders and directives issued pursuant to and relevant to the executive order declaring a state of emergency; ballot language; submit to voters for ratification or rejection.

  RECENT STATUS

2/9/2021 - (S) Referred to Committee Senate State & Local Government (S)

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

7/9/2020 - Pre-Filed

MANDATED IMMUNIZATION
(GIRDLER R)

AN ACT relating to immunization and declaring an emergency.

Amend KRS 214.036 to prohibit required immunization of any person by any state agency or instrumentality; create a new section of KRS Chapter 338 to prohibit required immunization of any employee by an employer as defined in KRS 338.015; EMERGENCY.

  RECENT STATUS

2/2/2021 - (S) Referred to Committee Senate Health & Welfare (S)

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

10/12/2020 - Pre-Filed

PERSONAL INFORMATION
(CARROLL D)

AN ACT relating to personal information.

Amend KRS 61.870 to define "public officer"; amend KRS 61.878 to exempt records that would reveal the address or location of a public officer under certain conditions.
House Floor Amendment (3): Create a new section of KRS 61.870 to 61.884 exempting personally identifiable information of judges, prosecutors, and law enforcement officers from the Open Records Act.

  RECENT STATUS

4/8/2021 - VETOED BY GOVERNOR

3/30/2021 - delivered to Governor

3/30/2021 - for concurrence in House floor amendment (3)

DEFICIENT ADMINISTRATIVE REGULATIONS
(WEST S)

AN ACT relating to deficient administrative regulations.

Create a new section of KRS Chapter 13A to nullify administrative regulations that became effective after being found deficient during the 2020 legislative interim.

  RECENT STATUS

3/29/2021 - delivered to Secretary of State (Acts Ch. 165)

3/29/2021 - Enrolled, Signed by Speaker of the House

3/29/2021 - Enrolled, Signed by President of the Senate

PERSONALLY IDENTIFYING INFORMATION
(MCDANIEL C)

AN ACT relating to the dissemination of personally identifying information.

Create a new section of KRS Chapter 525 to create a Class A misdemeanor for disseminating personally identifying information on the Internet about a minor; establish increased criminal penalties for injury, death, and levels of monetary loss; create a civil cause of action arising from violations; and limit the liability of service providers.

  RECENT STATUS

2/11/2021 - Senate Judiciary (S), (Bill Scheduled for Hearing)

1/11/2021 - (S) Referred to Committee Senate Judiciary (S)

1/9/2021 - Introduced

ELECTIONS
(MEREDITH S)

AN ACT relating to elections.

Create new sections of KRS Chapter 118 to require certain candidates for office be required to be elected by ranked-choice voting and establish the process relating thereto; amend KRS 117.125 to require voting machines to be equipped to allow for the voting process of ranked-choice; amend KRS 118.015 to define terms related to ranked-choice voting; and amend KRS 118.425 to confirm.

  RECENT STATUS

2/4/2021 - (S) Referred to Committee Senate State & Local Government (S)

2/2/2021 - Introduced

PUBLIC RECORDS
(CARROLL D)

AN ACT relating to public records and declaring an emergency.

Amend KRS 61.878 to exclude from the Open Records Act photographs or videos that depict a person's death, killing, rape, or sexual assault or abuse; cite as the Bailey Holt-Preston Cope Victims Privacy Act; EMERGENCY.

  RECENT STATUS

2/4/2021 - (S) Referred to Committee Senate State & Local Government (S)

2/2/2021 - Introduced

FINANCIAL TRANSACTIONS
(WESTERFIELD W)

AN ACT relating to financial transactions.

Amend KRS 424.145 to require the URL of the notice web site and notice to be no more than 30 characters in length in easily comprehended terms.
Senate Floor Amendment (1) Retain original provisions except change the number of characters from 30 to 50 for online publication notices.
House Committee Substitute (1) Delete the original provisions of the bill, but add and amend KRS 65.530, relating to the powers of riverport authorities, to make the imposition of rates, charges and fees for the use of the riverport facilities permissive, and to allow publication of those rates, charges, and fees be by a manner available to the general public in the county in which the riverport is located; add and amend KRS 426.522, relating to the court ordered sale of property, to establish auctioneer fees when the sale is a result of a foreclosure in contrast to other sales of property; and add and amend KRS 45A.705 to provide appeal procedures to the State Treasurer by Secretary of Finance and Administration if the Government Contract Review Committee recommends revision or cancellation of a proposed contract instead of allowing the secretary to proceed with the contract.

  RECENT STATUS

3/29/2021 - delivered to Secretary of State (Acts Ch. 151)

3/29/2021 - Enrolled, Signed by Speaker of the House

3/29/2021 - Enrolled, Signed by President of the Senate

OPEN RECORDS
(SOUTHWORTH A)

AN ACT relating to open records.

Amend KRS 61.880 to allow persons to complain to the Attorney General if the person feels that the intent of the open records law has been subverted by an agency by delaying past the three day time period for answering an open records request, or by excessive extensions of time.
Senate Committee Substitute (1) Retain original provisions; amend KRS 61.872 to clarify the method of requesting open records from a state agency; amend KRS 61.876 to include e-mail address of the official custodian of records; amend KRS 189.635 to allow designees of attorneys to receive copies of accident reports.

  RECENT STATUS

3/4/2021 - received in House

3/3/2021 - (S) THIRD READING, passed 37-0 with Committee Substitute (1)

3/3/2021 - (S) Posted for Passage in Consent Orders of the Day; w/ SCS 1

PUBLIC SAFETY
(CARROLL D)

AN ACT relating to public safety.

Amend KRS 500.080 to define "public assistance benefits," "emergency services personnel," "firework," and "riot"; create a new section of KRS Chapter 508 to require restitution for a violation of assault in the first, second, third, and fourth degree; create a new section of KRS Chapter 511 to create the crime of unlawful camping on property owned by the Commonwealth; create a new section of KRS Chapter 512 to require restitution for a violation of criminal mischief in the first, second, and third degree; amend KRS 508.010, 508.020, 508.025, 508.030, 512.020, 512.030, 512.040, 520.090, 525.015, 525.060, 525.140, and 525.160 to provide enhanced penalties for violations of these offenses during the course of a riot; amend KRS 520.020, 525.030, and 525.040 to provide enhanced penalties; create a new section of KRS Chapter 431 to restrict when a person shall be released after an arrest for a violation of an offense of during the course of a riot; amend KRS 439.340 to add violations of KRS 508.020 and 508.025 committed during the course of a riot to the definition of violent offender; create a new section of KRS Chapter 15 to state legislative findings and declarations; amend KRS 411.100 to require gross negligence for a cause of action for property damaged by riotous or tumultuous assemblage of people that a local government could have prevented; amend KRS 61.912, 61.914, 61.168, 525.010, 532.100, and 525.200 to make conforming changes; provide that this Act may be cited as the Community and First Responder Protection Act.
Senate Committee Substitute (1) Amend KRS 500.080 to define "emergency services personnel," "firework," and "riot"; amend KRS 503.055 to allow a person to use defensive forcecreate a new section of KRS Chapter 511 to create the crime of unlawful camping on property owned by the Commonwealth; amend KRS 508.010, 508.020, 508.025, 508.030, 512.020, 512.030, 512.040, 520.090, 525.015, 525.060, 525.140, and 525.160 to provide enhanced penalties for violations of these offenses during the course of a riot; amend KRS 520.020, 525.030, and 525.040 to provide enhanced penalties; create a new section of KRS Chapter 431 to restrict when a person shall be released after an arrest for a violation of an offense of during the course of a riot; amend KRS 439.340 to add violations of KRS 508.020 and 508.025 committed during the course of a riot to the definition of violent offender; create a new section of KRS Chapter 15 to state legislative findings and declarations; amend KRS 411.100 to require gross negligence for a cause of action for property damaged by riotous or tumultuous assemblage of people that a local government could have prevented; amend KRS 61.912, 61.914, 61.168, 525.010, 532.100, and 525.200 to make conforming changes; provide that this Act may be cited as the "Community and First Responder Protection Act."
Senate Floor Amendment (1) Retain original provisions; make technical corrections; amend Section 3 to provide that a person convicted of a Class A or B misdemeanor shall not be released on any form of early release prior to serving 20% of the imposed sentence.
Senate Floor Amendment (2) Retain original provisions; amend Section KRS 411.100 to include references to KRS Chapter 65 regarding claims against local governments.

  RECENT STATUS

3/11/2021 - received in House

3/11/2021 - (S) THIRD READING, passed 22-11 with Committee Substitute (1) and floor amendments (1) and (2)

3/11/2021 - (S) Posted for Passage in Regular Orders of the Day for Thursday, March 11, 2021

FIRST RESPONDERS
(CARPENTER J)

AN ACT relating to first responders.

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

  RECENT STATUS

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

3/12/2021 - (H) SECOND READING

3/12/2021 - (H) Taken From Committee on Committees

OVERSIGHT OF THE POLICE
(MCGARVEY M)

AN ACT relating to oversight of the police for a consolidated local government and declaring an emergency.

Create a new section of KRS Chapter 67C permitting a consolidated local government to establish a citizen review board independent of the police department, and an investigatory office led by an appointee of the mayor for review of police department policies, procedures and operations; require ordinance that establishes governmental bodies to include powers, duties, internal protocols, reporting requirements and such bodies' authority to adopt bylaws, policies and procedures; provide investigatory office leader the power to administer oaths and issue subpoenas reviewed and approved by a consolidated local government committee or other local body designated by the legislative body of the consolidated local government for that purpose to compel testimony or production of documents with subpoena enforcement by petition to Circuit Court; allow board and investigatory office review or discussion of potential or ongoing investigations in closed session, subject to KRS 61.815(1); make confidential and privileged information and records, proceedings, opinions, and deliberations provided to or generated by board or investigatory office with open record requests to be made to appropriate agency, as opposed to the bodies; provide certain exemptions from open records requirements; EMERGENCY.

  RECENT STATUS

2/24/2021 - floor amendments (1) and (2-title) filed

2/22/2021 - (S) Referred to Committee Senate Judiciary (S)

2/11/2021 - Introduced

OVERSIGHT OF POLICE FOR CONSOLIDATED LOCAL GOVERNMENT
(MCGARVEY M)

AN ACT relating to oversight of the police for a consolidated local government and declaring an emergency.

Create a new section of KRS Chapter 67C permitting a consolidated local government to establish a citizen review board independent of the police department, and an investigatory office led by an appointee of the mayor for review of police department policies, procedures, and operations; require an ordinance that establishes governmental bodies to include powers, duties, internal protocols, reporting requirements, and such bodies' authority to adopt bylaws, policies, and procedures; provide investigatory office leader the power to administer oaths and request subpoenas issued by the Circuit Court to compel testimony or production of documents with enforcement by petition to Circuit Court; subject board and investigatory office review or discussion of potential or ongoing investigations in closed session subject to KRS 61.815(1), make confidential and privileged information and records, proceedings, opinions, and deliberations, provided to or generated by board or investigatory office with open record requests to be made to appropriate agency, as opposed to the bodies and certain exemption from open records requirements; EMERGENCY.

  RECENT STATUS

3/11/2021 - (S) recommitted to committee Senate Judiciary (S)

3/11/2021 - (S) Posted for Passage in Regular Orders of the Day; w/ SCS 1, SFA 1, 2t, and 3

3/5/2021 - (S) Passed Over and retained in the Orders of the Day

BODY-WORN CAMERAS
(NEAL G)

AN ACT relating to body-worn cameras.

Create a new section of KRS Chapter 15 to require officers to activate body-worn cameras when engaged in law enforcement activity; establish rebuttable presumptions in investigative or legal proceedings regarding unrecorded conduct or statements; amend KRS 61.168 to provide for release of recordings in specific circumstances and allow waiver of privacy concerns; amend KRS 61.169 to conform; amend KRS 15.440 to require law enforcement agencies to possess policies regarding body-worn cameras; amend KRS 15.470 to allow use of funds to purchase body-worn cameras; amend KRS 42.726 to require the Commonwealth Office of Technology to assist law enforcement agencies in developing body-worn camera programs.

  RECENT STATUS

2/24/2021 - (S) Referred to Committee Senate Judiciary (S)

2/22/2021 - Introduced

DISSEMINATION OF PERSONALLY IDENTIFYING INFORMATION
(SCHRODER W)

AN ACT relating to the dissemination of personally identifying information.

Create a new section of KRS Chapter 525 to define terms; criminalize the dissemination of personally identifying information; establish penalties; create a civil cause of action; limit the liability of service providers.
Senate Committee Substitute (1) Create a new section of KRS Chapter 525 to define terms; specify dissemination of information applies to a public Internet site or public forum; criminalize the dissemination of personally identifying information; establish penalties; create a civil cause of action.
House Committee Substitute (1): Create a new section of KRS Chapter 525 to define terms; specify dissemination of information applies to a public Internet site or public forum; specify no liability for certain providers when acting in the capacity as a provider of services; criminalize the dissemination of personally identifying information; establish penalties; and create a new section of KRS Chapter 411 to establish a civil cause of action.

  RECENT STATUS

4/8/2021 - SIGNED BY GOVERNOR; (Acts Ch.199)

3/30/2021 - delivered to Governor

3/30/2021 - Enrolled, Signed by Speaker of the House

LOCAL GOVERNMENT
(STIVERS R)

AN ACT relating to local government.

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

  RECENT STATUS

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

3/16/2021 - delivered to Governor

3/16/2021 - Enrolled, Signed by Speaker of the House

BIOMETRIC DATA COLLECTION PRACTICES
(SCHRODER W)

AN ACT relating to biometric data collection practices.

Create a new section of KRS Chapter 369 to define terms; require private entities to develop and comply with a retention and destruction schedule for biometric identifiers and information; prohibit private entities' collection, trade, and disclosure of biometric information with exception; create a standard of care for private entities collecting biometric information; create a civil cause of action for violations.

  RECENT STATUS

2/23/2021 - Introduced

VIOLATIONS OF PRIVACY
(SOUTHWORTH A)

AN ACT relating to violations of privacy.

Create new section of KRS Chapter 411 to create a cause of action for subcutaneous implantation of an identification device; create new section of KRS Chapter 454 to restrict use of facial recognition technology and biometric identifiers; Create new section of KRS Chapter 411 to create a cause of action for use of facial recognition technology or biometric identifiers; create new section of KRS Chapter 455 to prohibit use of facial recognition technology as evidence.

  RECENT STATUS

2/25/2021 - (S) Referred to Committee Senate Judiciary (S)

2/23/2021 - Introduced