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Legislative Report March 29, 2024
Prepared by: Kentucky League of Cities
Bill Information
REOPENING THE ECONOMY IN RESPONSE TO THE STATE OF EMERGENCY
(ROWLAND, BART)

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

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

  CURRENT STATUS

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

TEMPORARY REORGANIZATIONS
(MEREDITH, MICHAEL)

AN ACT relating to reorganizations and declaring an emergency.

Amend KRS 12.028 to remove the provisions related to temporary reorganizations; repeal KRS 12.027, which requires temporary reorganizations to be set forth by executive order; EMERGENCY

  CURRENT STATUS

2/2/2021 - delivered to Secretary of State (Acts Ch. 5)

ADVISORY COUNCIL FOR RECOVERY READY COMMUNITIES
(BOWLING, ADAM)

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

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

  CURRENT STATUS

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

KENTUCKY EMPLOYEES RETIREMENT SYSTEM
(DUPLESSIS, JIM)

AN ACT relating to the Kentucky Employees Retirement System's employers, declaring an emergency, and making an appropriation therefor.

Amend KRS 61.565 to change the Kentucky Employees Retirement System's (KERS) nonhazardous actuarially accrued liability contribution (unfunded liability payment) that is payable by employers on or after July 1, 2021, from a value that is paid as a percent of pay on each employee to a set dollar amount; provide that the set dollar amount 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; provide that a single amount shall be determined for state agencies in the legislative, executive, and judicial branch who participate in KERS; provide that a KERS employer may charge the cost as a percent of pay for purposes of collecting contributions but shall be responsible to provide the full set dollar amount owed; provide that if a KERS employer merges, splits, separates, or establishes a new agency, the systems shall have full authority to allocate the costs to any employer or entity that results from the split, separation, or establishment of a new agency; amend KRS 61.510 to modify the definition of “level percentage of payroll amortization method” to conform to the amendments in KRS 61.565; amend KRS 212.792 to specify the allocation of retirement costs as provided by the bill in the event an independent health district ceases to exist or has a county to withdraw from the district; provide that the Kentucky Retirement Systems shall amend the 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.
House Committee Substitute (1) Retain original provisions except to further amend KRS 61.565 and replace amendments to KRS 212.792 with a new section of KRS Chapter 212 to specify how Kentucky Employees Retirement System (KERS) retirement costs are allocated if a district health department ceased to operate or has a county or counties withdraw from the district; provide that the allocation of KERS costs shall be based upon the withdrawing county's proportion of taxable property in the district health department; require the Dept. for Public Health to provide certification of taxable property to the retirement system; provide that the Kentucky Retirement Systems (KRS) may allocate costs for any district health department who ceases to operate prior to the effective date of the Act. APPROPRIATION. EMERGENCY.
Senate Committee Substitute (1) Retain original provisions; amend KRS 61.565 to establish an appeals process beginning July 1, 2021, with a final determination by December 31, 2021, regarding the assignment of liabilities to each Kentucky Employees Retirement System (KERS) employer and any potential errors in assignment based upon the last participating employer or university employees who are providing services to the state through a contract between the university and the state; amend KRS 61.522 to provide that the discount rate for universities who voluntary cease participating in KERS with the soft freeze option and pay by lump-sum shall be 5.25%; amend KRS 61.675 to provide that if a KERS nonhazardous employer is delinquent for 90 days or more in making the required employer contributions on or after July 1, 2021, the systems: shall not allow future service credit accruals by the employer's employees until such time payments are up to date; may file action in Franklin Circuit Court to collect delinquent employer contributions; and shall notify the Finance & Administration Cabinet who may choose to withhold state appropriations to the employer until such time the contributions are made; create a new section of KRS 61.510 to 61.705 to: require certain quasi-governmental employers participating KERS to report the use of contracted or leased employees to the system and to require the system to report the compiled data annually to the state budget director and the Legislative Research Commission; provide system with authority to audit an employer to verify the use of contracted/leased employees; provide intent language that provides future appropriations to help subsidize retirement costs for these employers based upon process of bringing contracted/leased employees back into KERS; specify factors that may result in loss of subsidy; make technical and clarifying corrections. APPROPRIATION. EMERGENCY.
Senate Floor Amendment (3) Amend KRS 61.565 relative to the appeals process for assigning liabilities to employers: provide that all employers, not just universities, may appeal retirement costs assigned to them in the bill for situations where the employers have hired employees to provide services to the executive branch via a contract with the executive branch or are contracted to provide services at facilities previously operated by the executive branch; provide that costs that shall be paid by the executive branch for these contracted employees shall begin July 1, 2022; require reporting to the Public Pension Oversight Board on the appeals process results; amend new section of KRS Chapter 61 (Section 7) regarding reporting and potential subsidies to certain quasi-state employers in the Kentucky Employees Retirement System (KERS) to adjust list of agencies who are exempt from potential subsidies to help pay retirement costs; provide that subsidies shall be offset by changes occurring in the appeal process in KRS 61.565; make technical amendments; EMERGENCY; APPROPRIATION.

  CURRENT STATUS

3/23/2021 - SIGNED BY GOVERNOR; (Acts Ch. 83)

RETIREMENT
(WEBBER, RUSSELL)

AN ACT relating to retirement and declaring an emergency.

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

  CURRENT STATUS

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

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

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

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

  CURRENT STATUS

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

Position

Support

MENTAL HEATH CARE FOR FIREFIGHTERS
(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); provide that legitimate personnel actions are not compensable; establish the reference for definitions of PTSD and PTSI; require diagnosis by psychiatrist, psychologist, or counselor; allow certain mental health treatment benefits upon firefighter seeking treatment; APPROPRIATION.
House Committee Substitute (2) Amend KRS 210.365 to make firefighters eligible for crisis intervention team training along with law enforcement officers currently permitted such training; provide that legitimate personnel actions are not compensable; establish the reference for definitions of PTSD and PTSI; require diagnosis by psychiatrist, psychologist, or counselor; allow certain mental health treatment benefits upon firefighter seeking treatment; APPROPRIATION.

  CURRENT STATUS

3/25/2021 - SIGNED BY GOVERNOR; (Acts Ch. 114)

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 with a different participating employer, the member shall participate solely as a hazardous duty member and shall not participate under the nonhazardous position unless he or she makes an election within 30 days of taking employment in the nonhazardous position; amend KRS 61.680 to conform; specify that provisions shall only apply to prospective nonhazardous employment occurring on or after the effective date of the Act.

  CURRENT STATUS

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

Position

Support

ACTUARIAL REPORTING FOR THE STATE-ADMINISTERED RETIREMENT SYSTEMS
(MILLER, JERRY T.)

AN ACT relating to actuarial reporting for the state-administered retirement systems.

Amend KRS 6.350 to establish additional standards and requirements for the completion of the actuarial analysis required for bills pertaining to state-administered retirement systems, including a projection of costs/savings over a 30-year period rather than 20 years, completion of the analysis in a format established by the Legislative Research Commission, and the addition of a summary of relevant data and information on the front page of the analysis; amend KRS 21.440, 61.670, and 161.400 to require the state-administered retirement systems to provide a projection/analysis over a 30-year period rather than a 20-year period regarding projections in the annual actuarial valuation and as it relates to experience studies, assumption changes, and other changes made by the boards of each system.

  CURRENT STATUS

3/22/2021 - SIGNED BY GOVERNOR; (Acts Ch. 64)

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

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

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

  CURRENT STATUS

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

KENTUCKY RETIREMENT SYSTEMS
(DECKER, JENNIFER)

AN ACT relating to the state-administered retirement systems.

Amend KRS 16.578 and 61.640 to apply the alternate death benefit calculation options as written prior to 2009 legislation for deaths occurring prior to retirement; amend KRS 61.540 to remove requirement that the employer and member must file a statement of facts before benefit payments can commence; amend KRS 61.598 to provide that the ten percent cap on creditable compensation growth during a member's last five years of employment shall not apply to situations where the growth in excess of ten percent during the entire five-year period results in a benefit change of less than $25 per month; provide that the implementation date of the amendments to 2017 Ky. Acts ch. 32, sec. 9(28) by the Kentucky Retirement Systems shall be December 1, 2019; provide that the amendments to KRS 16.578 and 61.640 are retroactive to JUNE 25, 2009.
House Committee Substitute (1) Amend KRS 16.578 and 61.640 to apply the alternate death benefit calculation options as written prior to 2009 legislation for deaths occurring prior to retirement; amend KRS 61.540 to remove requirement that the employer and member must file a statement of facts before benefit payments can commence; amend KRS 61.542 to allow a retiree to elect to change his or her beneficiary at any time, if the retiree has selected upon retirement a basic monthly annuity payment as defined in the subsection, a period certain payment option under KRS 61.635(5) to (7), or the Social Security adjustment option without survivorship rights under KRS 61.635(8)(a); require a retiree to file a beneficiary change form prescribed by the Kentucky Retirement Systems with the retirement office; provide that a retiree may change his or her actual monthly payment option only upon marriage or remarriage and only if he or she files a beneficiary change form within 120 days of marriage or remarriage designating the new spouse as beneficiary and selecting a survivorship payment option under KRS 61.635(2) to (4) and (8)(b), with the resulting payments being actuarially equivalent to the retirement allowance provided at the date of the original retirement; amend KRS 61.545 to provide that if a member is working in a regular full-time hazardous duty position that participates in the Kentucky Employees Retirement System or the County Employees Retirement System and is simultaneously employed in a nonhazardous position that is not considered regular full-time with a different participating employer, the member may elect within 30 days of taking employment to not participate in the system for his or her employment in the nonhazardous position; amend KRS 61.590 to make conforming and technical amendments; amend KRS 61.598 to provide that the ten percent cap on creditable compensation growth during a member's last five years of employment shall not apply to situations where the growth in excess of ten percent during the entire five-year period results in a benefit change of less than $25 per month; amend KRS 61.615, and 61.630 to make conforming and technical amendments; amend KRS 61.680 to make a conforming amendment; amend KRS 161.520 to provide that a surviving spouse's benefits may continue upon remarriage; provide that the amendments to KRS 16.578 and 61.640 are retroactive to JUNE 25, 2009; provide that members who retired prior to the effective date of the Act, who were married or remarried prior to the effective date of the Act and remain married or remarried to the same spouse, shall have 120 days from the effective date of the Act to select a survivorship option for their spouse under the Act; specify that the amendment to KRS 61.545 of the Act shall only apply to prospective nonhazardous employment occurring on or after the effective date of the Act; provide that the implementation date of the amendments to 2017 Ky. Acts ch. 32, sec. 9(28) by the Kentucky Retirement Systems shall be December 1, 2019.

  CURRENT STATUS

3/24/2021 - SIGNED BY GOVERNOR; (Acts Ch. 96)

MISSING PERSONS
(FRAZIER GORDON, DEANNA)

AN ACT relating to missing persons.

Amend KRS 39F.180 to require that any agency searching for a lost or missing person contact appropriate agencies within four hours of receiving the report and utilize existing resources, including but not limited to electronic highway signs, the Amber Alert system, law enforcement communications systems, electronic media, the Integrated Public Alert and Warning System if authorized and under conditions permitted by the federal government, and local, regional, and statewide media providers.

  CURRENT STATUS

3/23/2021 - SIGNED BY GOVERNOR; (Acts Ch. 86)

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 75 to define terms; establish procedures for the creation of a consolidated emergency services district; authorize certain local government officials to appoint 3 members to the board of trustees of the district; provide for the election of 4 members of the board of trustees, qualifications of elected members, terms, nomination procedures, and removal; establish officers of the district and compensation of officers; establish the power to levy a property tax, subject to certain restrictions; 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; establish procedures amend KRS 65.180 to define consolidated emergency services district as a "taxing districts"; 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 95A.500 to allow the district to receive qualified shares of merged fire districts; amend KRS 134.119 to provide that the sheriff shall be compensated for collecting taxes for consolidated emergency service districts; APPROPRIATION.
House Committee Substitute (1) Create a new KRS Chapter 75A, various sections to: to define terms; establish procedures for the creation of a consolidated emergency services district; authorize certain local government officials to appoint 3 members to the board of trustees of the district; provide for the election of 4 members of the board of trustees, qualifications of elected members, terms, nomination procedures, and removal; establish officers of the district and compensation of officers; establish the power to levy a property tax, subject to certain restrictions; 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; establish procedures; amend KRS 65.180 to define consolidated emergency services districts as a "taxing districts"; 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 95A.500 to allow the district to receive qualified shares of merged fire districts; and amend KRS 134.119 to provide that the sheriff shall be compensated for collecting taxes for consolidated emergency service districts; APPROPRIATION.
House Floor Amendment (1) Amend HCS/1 to HB 120 to include personnel acting in their official duties.
Senate Committee Substitute (1) Retain the provisions of HB 120/GA; amend various sections removing reference to cities; amend Section 14 concerning entry into County Employees Retirement System.

  CURRENT STATUS

3/25/2021 - SIGNED BY GOVERNOR; (Acts Ch. 116)

PROPERTY ASSESSMENTS
(BRIDGES, RANDY)

AN ACT relating to property assessments.

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

  CURRENT STATUS

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

Position

Support

DUTY-RELATED DISABILITY BENEFITS
(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

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

Position

Under Evaluation

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, 2018, to impose a fee within two years of the date of the Act.

  CURRENT STATUS

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

SALE OF GROCERY ITEMS BY FOOD SERIVCE ESTABLISHMENTS
(BLANTON, JOHN)

AN ACT relating to the sale of grocery items by food service establishments and declaring an emergency.

Create a new section of KRS 217.280 to 217.390 to exempt legally permitted food service establishments from any state or local laws and administrative regulations that prohibit the sale of grocery items such as bread, milk, and other grocery staples to any customer; prohibit any additional permit or fee; EMERGENCY.
House Committee Substitute (1) Retain current provisions; exempt provisions of KRS 217.125; EMERGENCY.
House Floor Amendment (1) Retain current provisions; add that sales are limited to no more than 25% of gross annual sales for the federal tax year; add that an additional permit or permit fee may be required if sales are more than 25%.

  CURRENT STATUS

3/18/2021 - SIGNED BY GOVERNOR; (Acts Ch. 42)

APPROPRIATIONS AND REVENUE MEASURES
(PETRIE, JASON)

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.

  CURRENT STATUS

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

EXECUTIVE BRANCH BUDGET
(PETRIE, JASON)

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

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

  CURRENT STATUS

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

TRANSPORTATION CABINET BUDGET
(PETRIE, JASON)

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

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

  CURRENT STATUS

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

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

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

ENERGY SOURCE AVAILABILITY
(GOOCH JR., JIM)

AN ACT relating to energy source availability.

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

  CURRENT STATUS

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

DONATION OF GAME MEAT
(DIXON, JONATHAN)

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 the Kentucky Department of Fish and Wildlife Resources, any other government agency, or cooperative extension agencies for the purposes of education, promotion of hunting or fishing, or free meal distribution.

  CURRENT STATUS

3/18/2021 - SIGNED BY GOVERNOR; (Acts Ch. 33)

Position

Neutral

ADOPTION LEAVE
(HEAVRIN, SAMARA)

AN ACT related to adoption leave.

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

  CURRENT STATUS

3/23/2021 - SIGNED BY GOVERNOR; (Acts Ch. 76)

PURCHASE OR LEASE OF PERSONAL PROTECTIVE EQUIPMENT
(KOCH, MATTHEW)

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

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

  CURRENT STATUS

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

Position

Neutral

EMERGENCIES
(MADDOX, SAVANNAH)

AN ACT relating to emergencies and declaring an emergency.

Create a new section of KRS Chapter 48 to prohibit the use of governmental funds in contravention of the provisions of KRS Chapters 39A to 39F; amend KRS 39A.090 to apply emergency order limitations to executive orders issued under KRS Chapters 39A to 39F; amend KRS 39A.100 to require that emergency orders issued by the Governor be limited to 15 days, with extension only as provided by the General Assembly; require that emergency orders issued by a chief executive of a local government be limited to 15 days with extension only as provided by the legislative body of the local government; remove the ability of the Governor to change the manner of the election in an emergency; require the Governor to report to the General Assembly or the Legislative Research Commission every 30 days expenditures relating to contracts issued during the emergency and all revenues received from the federal government and their expenditure; allow the Governor to suspend a statute in an emergency only under certain conditions; place certain limitations on the issuance of an emergency executive order; define the burden of proof in actions for declaratory or injunctive relief to enforce the requirements; waive immunity for declaratory and prospective equitable relief under the Eleventh Amendment to the Constitution of the United States for cases brought under KRS 446.350 or to enforce the provisions in KRS 39A.100; prohibit the Governor from issuing an emergency executive order that imposes restrictions on freedom of speech, press, and religion; prohibit any governmental entity from using governmental funds in contravention of KRS 39A.100 or 194A.025; amend KRS 39A.180 removing authority for the Governor to suspend laws and administrative regulations during an emergency; amend KRS 39A.280 to specify immunity during a declared emergency; amend KRS 39A.990 to make a violation of Chapter 39A subject to a fine instead of a misdemeanor charge; amend KRS 39D.040 to exempt any officer whose vacancy is filled by the Constitution of Kentucky from the definition of "office" and specify that those officers are exempt from the provisions of filling an office during an emergency; amend KRS 315.500 to require any extension of the 30-day emergency supply of drugs be approved by the General Assembly; amend KRS 367.374 to conform; amend KRS 194A.025 to prohibit the secretary of health and family services from taking any action contrary to the requirements of KRS 39A.100; name the Act the "Ensuring Basic Checks and Balances and Basic Liberties During Emergencies Act"; provide a severability clause; EMERGENCY.
House Committee Substitute (1) Delete original provisions; amend KRS 39A.010 to specify the importance of properly delegated legislative authority in an emergency; amend KRS 39B.010 to specify that the local emergency management agencies shall be under the direction of the Governor when authorized under KRS 39A.100; amend KRS 211.025 to restrict the authority of the Cabinet for Health and Family Services in matters of public health; amend KRS 211.180 to require that the Cabinet for Health and Family Services promulgate administrative regulations in regulating diseases; EMERGENCY.

  CURRENT STATUS

3/15/2021 - (S) Returned to Committee Senate State & Local Government (S)

Position

Neutral

CITY UTILITY COMMISSION MEMBERSHIP
(JOHNSON, DJ)

AN ACT relating to city utility commission membership.

Amend KRS 96.530 allow city utilities boards to consist of either 3 or 5 members, and to specify the appointment of nonresident utility commission members for utility commissions consisting of three members and five members.
House Committee Substitute (1) Retain original provisions except require that in order for an individual to be appointed who does not live within the city, that individual must be a resident of a county served by the utility, possess qualifications and expertise to the benefit of the utility and city, and not be employed by, serve in a fiduciary or agency capacity with, or does not possess an ownership interest in, a direct supplier or competitor of the city utility.

  CURRENT STATUS

3/19/2021 - SIGNED BY GOVERNOR; (Acts Ch. 54)

COMPLIANCE WITH STATE AND FEDERAL LAW
(BECHLER, LYNN)

AN ACT relating to compliance with state and federal law.

Amend KRS 65.133 to require local law enforcement agencies and Kentucky State Police to enforce all laws; create a new section of KRS Chapter 65 to define terms, including "sanctuary" and "sanctuary policy"; prohibit local governments from adopting sanctuary policies; establish hearing procedures for determination of sanctuary status; provide for the withholding of state funding from sanctuaries; create new sections of KRS Chapter 164 to prohibit postsecondary educational institutions from enrolling, employing, or contracting with illegal aliens; require postsecondary educational institutions to keep records of immigration status; provide for the withholding of state funding from postsecondary educational institutions that enroll, employ, or contract with illegal aliens; limit who may be considered a Kentucky resident for in-state tuition purposes; EFFECTIVE in part January 1, 2022.

  CURRENT STATUS

1/9/2021 - Introduced

Position

Under Evaluation

REVENUE
(PETRIE, JASON)

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

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

  CURRENT STATUS

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

FRAUD AGAINST THE KENTUCKY PUBLIC PENSIONS AUTHORITY
(MILLER, JERRY T.)

AN ACT relating to fraud against the Kentucky Public Pensions Authority.

Amend KRS 61.685 to make a person liable for civil penalties if he or she knowingly submits false or fraudulent claims or fails to report or remit required money, records, or property to the Kentucky Public Pensions Authority (KPPA) in order to obtain retirement benefits from any of the retirement systems administered by the KPPA; define "person" and "knowingly" for purposes of the Act; provide civil penalties, including restitution of the payments received as a result of fraud, a penalty of as much as 3 times the amount of the excess payments, a penalty of $500 for each false or fraudulent claim submitted, and recovery of all legal fees and costs of the investigation and enforcement of civil remedies; require that, at the request of the KPPA, the Attorney General investigate and enforce the provisions of this Act and may recover the reasonable costs of litigation as determined by the court and provided by KRS 48.005; provide that civil payments, costs, and interest be made payable to the State Treasurer and remitted to the KPPA for deposit in the affected systems' trusts consistent with the methods used to distribute administrative expenses between the trusts; provide that the remedies provided by this Act be separate from and cumulative to any other remedy available to the KPPA.

  CURRENT STATUS

4/5/2021 - SIGNED BY GOVERNOR; (Acts Ch. 189)

LOCAL GOVERNMENT
(KOENIG, ADAM)

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

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

  CURRENT STATUS

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

Position

Support

UTILITY SERVICES
(BRAY, JOSH)

AN ACT relating to utility services.

Create a new section of KRS Chapter 278 to allow a water district formed pursuant to KRS Chapter 74 or a water association formed pursuant to KRS Chapter 273 to charge a late payment charge of 10% of the amount billed; specify that the late payment charge meet certain requirements; prohibit the Public Service Commission from modifying, rejecting, or suspending late payment charges established by tariff.
House Committee Substitute (1) Create a new section of KRS Chapter 278 to allow a water district formed pursuant to KRS Chapter 74 or a water association formed pursuant to KRS Chapter 273 to charge a late payment charge of 10% of the amount billed; specify that the late payment charge meet certain requirements; prohibit the Public Service Commission from modifying, rejecting, discontinuing, abolishing, or suspending late payment charges; Create a new section of KRS Chapter 39A to prohibit departments or officers of state government during a declared emergency from issuing any order that conflicts with the classification by the United States Department of Homeland Security of employees of utilities and other entities subject to KRS Chapters 65, 76, 96, 220, 278, or 279 as essential or critical infrastructure workers; prohibit any current or future order issued by any department or officer of state government during a declared emergency from remaining in or taking effect that would prohibit or impair a utility subject to or created under KRS Chapter 96 from terminating service for a customer's non-payment of a utility bill or assessing or collecting penalties for non-payment.
Senate Committee Substitute (1) Retain provisions of HB 272/GA; provide that any late payment charge imposed by a water district or water association shall be waived for any bill or portion of a bill for which a customer has received third-party billing assistance through the Low-Income Household Drinking Water and Wastewater Emergency Assistance Program or other public or charitable source.

  CURRENT STATUS

3/29/2021 - delivered to Secretary of State (Acts Ch. 158)

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 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.

  CURRENT STATUS

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

UNDERGROUND FACILITY PROTECTION
(SANTORO, SAL)

AN ACT relating to underground facility protection.

Amend KRS 367.4903 to redefine "operator," "Kentucky Contact Center," "approximate location," and "working day"; define "person," "positive response," "unique identification number" or "locate request number," "locator," "second notice," "tolerance zone," "untonable facility," and "work site contact"; amend KRS 367.4909 to require a positive response from operators of underground facilities; establish the timing of operator responses; amend KRS 367.4911 to provide excavator start dates, to include entities engaged in exempt activities to notify operators immediately upon discovery of damage to an underground facility, and to provide when mechanized equipment can be used in the tolerance zone; amend KRS 367.4913 to require contact centers to maintain certain locate request information for five years and to change the composition of the Kentucky Contact Center board of directors; amend KRS 369.4915 to require entities engaging in exempt activities to cease activity and notify an operator when an underground facility is damaged and to exempt certain noninvasive inspection and maintenance excavating for an existing utility pole; amend KRS 367.4917 to impose penalties on the employer if the violation is committed in the scope of employment and to provide that the Public Service Commission shall establish a written agreement form to deviate from the locate request dates provided for in the Underground Facility Damage Prevention Act of 1994; EFFECTIVE January 1, 2022.
House Floor Amendment (2) Add a definition for "fiber-to-the-premises"; add a fiber-to-the-premises broadband deployment excavation locate request that requires underground facility operators to respond to within four working days.
House Floor Amendment (5) Amend to provide that an entity or individual otherwise exempt from the requirements of KRS 367.4901 to 367.4917 under Section 5 of this Act, who conducts an excavation that results in the escape or suspected escape of any flammable, toxic, or corrosive gas or liquid shall cease excavation and notify affected operators.
Senate Floor Amendment (2) Delete new language requiring an excavator responsible for damage to an underground facility to notify all affected operators immediately upon discovery of the damage; delete new language requiring otherwise exempt entities under KRS 367.4915 to cease excavation and notify operators of damage to underground facilities that results in the escape of any flammable, toxic, or corrosive gas or liquid; delete new language referencing the reporting of a suspected escape of any flammable, toxic, or corrosive gas or liquid caused by damage to an underground facility; delete Section 5 in its entirety, which would remove the exemption for nonintrusive excavating to inspect or perform maintenance for an existing utility pole; renumber subsequent sections accordingly; make conforming changes.

  CURRENT STATUS

3/23/2021 - SIGNED BY GOVERNOR; (Acts Ch. 80)

CONSOLIDATED LOCAL GOVERNMENTS
(MILLER, JERRY T.)

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.

  CURRENT STATUS

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

PUBLIC RECORDS AND OPEN RECORDS REQUESTS
(ROWLAND, BART)

AN ACT relating to public records.

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

  CURRENT STATUS

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

FIRE DISTRICTS
(FLEMING, KEN)

AN ACT relating to fire districts.

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

  CURRENT STATUS

2/2/2021 - Introduced

Position

Neutral

PROVISION OF BROADBAND SERVICES
(REED, BRANDON)

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

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

  CURRENT STATUS

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

CANNABIDIOL PRODUCTS
(HEATH, RICHARD)

AN ACT relating to cannabidiol products.

Create a new section of KRS 217.005 to 217.215 to establish labeling requirements for cannabidiol products.
Senate Committee Substitute (1) Retain original provision, amend definition of cannabidiol to include its chemical name.

  CURRENT STATUS

3/22/2021 - SIGNED BY GOVERNOR; (Acts Ch. 68)

KENTUCKY CENTER ON CANNABIS REASEARCH
(MOSER, KIMBERLY POORE)

AN ACT relating to the creation of the Kentucky Center for Cannabis Research and making an appropriation therefor.

Create a new section of KRS Chapter 164 to establish the Kentucky Center for Cannabis Research at the University of Kentucky; define the role, mission, and responsibilities of the center; establish the university's duties related to the center; APPROPRIATION.

  CURRENT STATUS

2/2/2021 - Introduced

ADVERTISING DEVICES
(JOHNSON, DJ)

AN ACT relating to advertising devices and declaring an emergency.

Amend KRS 177.830 to redefine "advertising device" and define "compensation"; amend KRS 177.841 to establish that the section does not apply to directional or other official signs; amend KRS 177.860 to set forth devices that are not a violation; amend KRS 177.863 relating to on-premise advertising; EMERGENCY
House Committee Substitute (1) Retain original provisions, except instead of amending KRS 177.830, 177.841, 177.860, and 177.863, repeal, reenact, and amend those sections; repeal and reenact KRS 177.842, 177.850, 177.867, 177.870, 177.880, and 177.890; EMERGENCY.
Senate Floor Amendment (3) Retain original provisions; amend KRS 177.860 to require the Transportation Cabinet to promulgate administrative regulations no later than August 1, 2021.
Senate Floor Amendment (6) Retain original provisions; and amend KRS 177.860 to authorize the cabinet to establish permit fees for outdoor advertising devices.

  CURRENT STATUS

3/18/2021 - SIGNED BY GOVERNOR; (Acts Ch. 44)

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

  CURRENT STATUS

2/2/2021 - Introduced

OFFICER TRAINING
(BRATCHER, KEVIN D.)

AN ACT relating to officer training and making an appropriation.

Amend KRS 15.460 to increase the Kentucky Law Enforcement Program fund stipend to eligible officers from $4,000 to $6,000; amend KRS 158.4414 to allow participation in KLEFP by special law enforcement officers who are executing a certain function within schools; amend KRS 15.380 to conform; EFFECTIVE July 1, 2021.

  CURRENT STATUS

2/2/2021 - Introduced

BROADBAND
(PRATT, PHILLIP)

AN ACT relating to broadband and making an appropriation therefor.

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

  CURRENT STATUS

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

Position

Support

BUSINESSES IMPACTED BY THE COVID-19 RESPONSE
(BECHLER, LYNN)

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

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

  CURRENT STATUS

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

Position

Neutral

STATE EMPLOYMENT OFFICES
(SHARP, SCOTT)

AN ACT relating to state employment offices and declaring an emergency.

Amend KRS 151B.285 to mandate that public employment offices be located and operational in specified locations when the local workforce area has an unemployment rate above five percent.
House Committee Substitute (1)
House Floor Amendment (1) Retain original provisions, except require a biannual review of the unemployment rate and make technical changes; EMERGENCY.

  CURRENT STATUS

3/4/2021 - (S) Returned to Committee Senate Economic Development, Tourism, and Labor (S)

Position

Neutral

FUNDING FOR OFFICE OF THE PROPERTY VALUATION ADMINISTRATOR
(BRIDGES, RANDY)

AN ACT relating to providing funding for the office of the property valuation administrator and making an appropriation therefor.

Create a new section of KRS Chapter 132 to establish a fee for taxing districts using the property valuation administrator's assessment roll and requirements for the expense of the revenues received from the fee; amend KRS 132.590 to include a consumer price index adjustment for the limits established for the fee counties pay for using the property valuation administrator's assessment roll; amend KRS 132.285 to include a consumer price index adjustment for the minimum and maximum limits established for the fees cities pay for using the property valuation administrator's assessment roll; APPROPRIATION.

  CURRENT STATUS

2/11/2021 - (H) posted in committee House Appropriations & Revenue (H)

REGINAL DEVELOPMENT AGENCY ASSISTANCE FUND
(HEATH, RICHARD)

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

Amend KRS 96.895 to equally distribute certain moneys among each fund-eligible county and eliminate certain duplicative reporting requirements; amend KRS 96.905 to allow moneys to be used for operational expenses by fund-eligible counties.
House Floor Amendment (1) Retain original provisions; amend the definition of "regional development agency."
Senate Committee Substitute (1): Retain original provisions; approve and ratify Executive Order 2021-093 dated February 11, 2021, for the limited purpose of facilitating the receipt of federal funds related to that emergency; amend 2021 Regular Session House Bill 320/EN; appropriate $140 million in fiscal year 2021-2022 to the SEEK budget unit to provide full-day kindergarten; appropriate $575 million in fiscal year 2021-2022 for payment of interest and principal related to advances under Title XII of the Social Security Act during calendar year 2021; appropriate $842,400 in fiscal year 2021-2022 to the Office of Kentucky Nature Preserves; appropriate $50,000 in fiscal year 2021-2022 to the Kentucky Heritage Council for the Kentucky African American Heritage Commission; appropriate $1,800,000 in fiscal year 2021-2022 to the Justice Administration budget unit for one-time costs to reestablish the Northern Kentucky Regional Medical Examiner's Office and $1,506,300 in fiscal year 2021-2022 to the Justice Administration budget unit for the operations of the Northern Kentucky Regional Medical Examiner's Office; EMERGENCY. APPROPRIATION.

  CURRENT STATUS

4/7/2021 - SIGNED BY GOVERNOR; (Acts Ch. 196)

Position

Support

UNEMPLOYMENT INSURANCE
(WEBBER, RUSSELL)

AN ACT relating to unemployment insurance.

Create a new section of KRS 341 to implement a reporting requirement regarding the unemployment trust fund and wages subject to tax; amend KRS 341.030 to suspend any increase in the taxable wage base and utilize the taxable wage base in effect for the 2020 year; amend KRS 341.270 to indicate that employer contribution rates in 2021 and 2022 shall be determined using the rates listed in Schedule A of Table A; amend KRS 341.530 to provide that benefits related to a state of emergency or disaster declaration shall be paid from the pooled account and not the reserve account of the employer; amend KRS 341.614 to provide there will be no surcharge assessment for 2021 or 2022; create the Unemployment Insurance Reform Task Force and establish membership and set forth duties; apply Sections 1 to 4 retroactively; EMERGENCY.

  CURRENT STATUS

4/1/2021 - delivered to Secretary of State (Acts Ch. 177)

ALCOHOLIC BEVERAGES
(KOENIG, ADAM)

AN ACT relating to alcoholic beverages and declaring an emergency.

Amend KRS 243.027 to clarify requirements to hold direct shipper license, allow the usage of a third party to fulfill orders, require licensees to register with the Department of Revenue, and allow Kentucky manufacturers with a direct shippers license to send samples under certain conditions; amend KRS 243.028 to conform with third party shipments; amend KRS 241.060 to clarify administrative regulation for direct shipper license application; amend KRS 243.020 to allow for third party shipments and to remove limitations on storage; amend KRS 243.029 to remove parameters for establishing wholesale cost; amend KRS 243.110 to specify that a brewer, microbrewery, distilled spirits and wine supplier, and malt beverage supplier may also hold a direct shipper license; amend KRS 243.220, 243.380, 243.390, and 243.450 to exempt direct shipper licensees from requirements therein; amend KRS 243.790 to remove retail outlets from specifications; amend KRS 243.0305 to clarify which sales distillers are required to physically transfer product; amend KRS 243.884 to include direct shipper licensees in wholesale tax and set specifications; amend KRS 244.220 to set requirement for special licenses; amend KRS 244.050 to specify retailer may not sell below cost; repeal KRS 243.886; EMERGENCY.
House Floor Amendment (1) Retain original provisions, except delete the amendment to KRS 244.050 from the bill.
House Floor Amendment (2) Retain original provisions; amend KRS 243.0305 to allow distillery to report and pay wholesale taxes directly; effective date January 1, 2022.
House Floor Amendment (4) Retain original provisions; amend KRS 241.010 to add malt to definition of "rectifier"; amend KRS 243.120 to remove prohibition against transportation of distilled spirits or wine on the same truck with malt beverages; amend KRS 243.130 to allow rectifiers to purchase malt from brewers in or out of the US.
House Floor Amendment (5) Retain original provisions; amend KRS 243.027 to require submission of copy of license on annual renewal; amend 241.060 to require regulation amendment by January 1, 2022; amend KRS 243.0305 to allow distillers to submit their own taxes for certain sales, define "wholesale sales," and require souvenir packages to be made available to Kentucky licensed wholesalers; amend KRS 243.884 to include distillers for payment of wholesale taxes; delete repeal of KRS 243.886 and instead amend to include distillers; amend KRS 243.100 to exclude direct shipper licensee; amend KRS 243.240 to include distillery gift shops for retailers to purchase.

  CURRENT STATUS

3/12/2021 - SIGNED BY GOVERNOR; (Acts Ch. 13)

OPIOID ABATEMENT ADVISORY COMMISSION
(BENTLEY, DANNY)

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

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

  CURRENT STATUS

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

OCCUPATIONAL LICENSE TAXES
(SMITH, TOM)

AN ACT relating to occupational license taxes.

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

  CURRENT STATUS

2/9/2021 - Introduced

GOVERNMENTAL IMMUNITY
(MADDOX, SAVANNAH)

AN ACT relating to governmental immunity.

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

  CURRENT STATUS

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

Position

Support

HIGHWAY WORK ZONES
(BLANTON, JOHN)

AN ACT relating to highway work zones.

Amend KRS 189.010 to remove the requirement that highway work zones be restricted to state maintained highways; amend KRS 189.2327 to remove the requirement for the placement of signage to notify drivers of a double fine while traveling in a highway work zone.

  CURRENT STATUS

2/9/2021 - Introduced

Position

Neutral

INVESTMENT OF FUNDS BY KRS AND CERS BOARD OF TRUSTEES
(ELLIOTT, DANIEL)

AN ACT relating to the investment of funds by the Kentucky Retirement Systems' and County Employees Retirement System's boards of trustees.

Amend KRS 16.642, 61.650, and 78.790 to limit the amount of assets that the boards of trustees may invest in alternative investments to not more than 25 percent of the assets in the pension and insurance funds of the State Police Retirement System, the Kentucky Employees Retirement System, and the County Employees Retirement System, respectively.

  CURRENT STATUS

2/10/2021 - Introduced

Position

Under Evaluation

VOLUNTARY ENVIRONMENTAL REMEDIATION TAX CREDIT
(NEMES, JASON)

AN ACT relating to the voluntary environmental remediation tax credit.

Amend KRS 141.418 to expand the voluntary environmental remediation tax credit for taxable years beginning on or after January 1, 2021, but before January 1, 2025, and to allow a refundable credit for these taxable years; amend KRS 141.0205 to order the refundable credit; amend KRS 131.190 to require reporting.

  CURRENT STATUS

2/10/2021 - Introduced

Position

Support

WORKERS' COMPENSATION FOR FIRST RESPONDERS
(JENKINS, JONI L.)

AN ACT relating to workers' compensation for first responders.

Amend KRS 342.0011 to clarify definition of "injury" to include psychological injuries for certain employees; create a new section of KRS Chapter 342 to set out when the psychological injuries are valid workers' compensation claims when no physical injury exists.

  CURRENT STATUS

2/10/2021 - Introduced

PORTABILITY OF RETIREE HEALTH SUBSIDIES
(DUPLESSIS, JIM)

AN ACT relating to the portability of retiree health subsidies.

Amend KRS 61.702 to allow members who began participating in the systems on or after July 1, 2003, who are eligible for a fixed dollar amount towards their health premiums during retirement, to use those fixed dollar amounts towards other health coverage through a premium reimbursement program; require the Kentucky Public Pension Authority to submit research and findings to the Public Pension Oversight Board on or before November 15, 2021, on other health savings or reimbursement options that may be established for these members, including but not limited to health savings accounts or health reimbursement arrangements.

  CURRENT STATUS

2/11/2021 - Introduced

HIGHWAY FUNDING
(DUPLESSIS, JIM)

AN ACT relating to highway funding and making an appropriation therefor.

Amend KRS 138.220 to set a single excise tax on gasoline and special fuels; set initial base rate at 24.6 cents per gallon (cpg); subject tax to annual adjustment; eliminate references to taxation based 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 and hybrid 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 no more than ten percent or decrease no more than two percent from one year to the next, subject to the statutory minimums; create a new section of KRS Chapter 186 to establish base highway user fees for nonhybrid electric motor vehicles and plug-in electric hybrid motor vehicles; require collection of the fees at the time of initial registration and upon renewal; require the fees to be adjusted in the same manner as for motor fuel excise taxes; require the fee be transferred to the road fund; amend KRS 186.010 to define "nonhybrid electric motor vehicle" and "plug-in electric hybrid motor vehicles"; amend KRS 186.050 to require payment of the highway user fees for nonhybrid electric motor vehicles and plug-in electric hybrid motor vehicles at the time of registration or renewal; amend KRS 138.210 to delete the definitions for "average wholesale price," "average wholesale floor price," and " quarterly survey value"; amend KRS 138.695, 138.270, 234.320, 234.380, 42.498, 177.329, and 177.365 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; Sections 1 to 3 are EFFECTIVE July 1, 2021; Sections 4 and 6 are EFFECTIVE January 1, 2022; APPROPRIATION.

  CURRENT STATUS

2/11/2021 - Introduced

Position

Under Evaluation

PLANNING AND ZONING
(JOHNSON, DJ)

AN ACT relating to planning and zoning.

Create a new section of KRS 100.273 to 100.292 to require a planning commission to notify operators of natural gas transmission pipelines before a new subdivision plat is approved or any construction documents for a building are approved to be located within 1,000 feet from the center of a natural gas transmission pipelines; require advance notification to the operator; require a planning commission to gather National Pipeline Mapping System geospatial data about the location of pipelines their jurisdiction from the Pipeline and Hazardous Materials Safety Administration; provide that developers and operators are not exempt from Underground Facility Damage Prevention Act of 1994.

  CURRENT STATUS

2/11/2021 - Introduced

SHERIFFS FEES
(MEREDITH, MICHAEL)

AN ACT relating to sheriffs fees.

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

  CURRENT STATUS

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

PRIVATE INFORMATION OF PUBLIC OFFICIALS
(BLANTON, JOHN)

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.

  CURRENT STATUS

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

Position

Under Evaluation

KENTUCKY TRAIL TOWNS AND RAIL TRAILS
(FLANNERY, PATRICK)

AN ACT relating to the Kentucky trail towns and rail trails.

Require the Tourism, Arts and Heritage Cabinet to consult with state agencies and transmit a report relating to a comprehensive statewide trail program.

  CURRENT STATUS

2/11/2021 - Introduced

Position

Support

FIREARMS
(MADDOX, SAVANNAH)

AN ACT relating to firearms.

Amend KRS 237.104 to expand the limitation on emergency powers to include selling, transporting, storing, or displaying a firearm accessory or ammunition-reloading equipment and supplies; prohibit any person, unit of government, or governmental organization from requiring the registration of a firearm, firearm part, firearm accessory, ammunition, ammunition component, ammunition-reloading requipment and supplies, or any deadly weapon or dangerous instrument; prohibit any person, unit of government, or governmental organization from suspending or revoking a license to carry a concealed weapon except as provided in KRS 237.110; prohibit any person, unit of government, or governmental organization from refusing to accept an application for license to carry a concealed weapon; prohibit any person, unit of government, or governmental organization from closing or limited the operating hours of firearms sellers or shooting ranges, or to limit or restrict by quantity the sale or servicing of firearms and firearm parts and accessories; create a civil cause of action for violations.

  CURRENT STATUS

2/22/2021 - Introduced

LAW ENFORCEMENT FOUNDATION PROGRAM FUND
(FUGATE, CHRIS)

AN ACT relating to the Law Enforcement Foundation Program fund and making an appropriation therefor.

Amend KRS 15.420 to delete reference to the payment made from the fish and game fund under definition of police officer for fish and wildlife conservation officers; amend KRS 15.460 to delete reference to the use of the fish and game fund for payment of training stipend under the supplemental funding from the Kentucky Law Enforcement Foundation Program Fund; and amend KRS 150.150 to conform.

  CURRENT STATUS

2/22/2021 - Introduced

TRANSPORTATION
(SANTORO, SAL)

AN ACT relating to transportation and making an appropriation therefor.

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

  CURRENT STATUS

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

LAW ENFORCEMENT BACKGROUND INVESTIGATIONS
(GRAHAM, DERRICK)

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.

  CURRENT STATUS

2/23/2021 - Introduced

CRIMES AND PUNISHMENTS
(SHELDON, STEVE)

AN ACT relating to crimes and punishments.

Amend KRS 508.025, relating to assault in the third degree, to create a mandatory fine of $5,000 and a minimum sentence of 30 days' incarceration, which is not subject to any form of early release; amend KRS 508.010, relating to assault in the first degree, to create a mandatory fine of $15,000 and a minimum sentence of 90 days' incarceration, which is not subject to any form of early release; create a new section of KRS Chapter 512 to require the court to order full restitution in any conviction under KRS 512.020, 512.030, or 512.040; amend KRS 525.020, relating to riot in the first degree, to create a minimum sentence of 45 days' incarceration, which is not subject to any form of early release; amend KRS 525.030, relating to riot in the second degree, to create a minimum sentence of 30 days' incarceration, which is not subject to any form of early release; create a new section of KRS Chapter 525 to require the court to order full restitution in any conviction under KRS 525.020, 525.030, or 525.040; amend KRS 525.150 to make disrupting meetings and processions a Class A misdemeanor in all cases; amend KRS 525.140 to make obstructing a highway a Class D felony when the obstruction blocks an emergency vehicle, emergency responder, or emergency exit; amend KRS 511.060 to make criminal trespass a Class D felony when done to harass a person who is a law enforcement officer, active duty member of the military, judge, or elected or appointed government official; create a new section of KRS Chapter 431 to require 12-hour hold for any person charged with certain offenses and allow exceptions; repeal KRS 525.145, relating to disrupting meetings and processions in the first degree.

  CURRENT STATUS

2/23/2021 - Introduced

PEACE OFFICER CERTIFICATIONS
(MEADE, DAVID)

AN ACT relating to peace officer certification.

Amend KRS 15.440 to remove the requirement that all mandatory training obligations must be completed for peace officers with certain law enforcement experience; amend KRS 15.382 to require that peace officers qualified for basic training credit meet minimum qualifications; amend KRS 15.386, 15.388, 15.392, and 15.400 to establish the procedure for certification reporting of peace officers who have certain law enforcement experience; amend KRS 15.404 to waive the requirement for completing a basic training course within one year of employment for those peace officers who have received a basic training credit approved by the Kentucky Law Enforcement Council.

  CURRENT STATUS

2/23/2021 - Introduced

TAX EXPENDITURES
(FLEMING, KEN)

AN ACT relating to tax expenditures.

Amend various sections in KRS Chapters 132, 138, 139, 140, 141, 143A, 151B, 154, and 243 to eliminate various tax expenditures; repeal various sections in KRS Chapters 138, 139, 140, 143, 143A, 154, 234, and 224 to eliminate various tax expenditures.

  CURRENT STATUS

2/24/2021 - (H) Referred to Committee House Appropriations & Revenue (H)

FIREARMS
(SHARP, SCOTT)

AN ACT relating to firearms and declaring an emergency.

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

  CURRENT STATUS

2/23/2021 - Introduced

WEST END OPPROTUNITY PARTNERSHIP
(FLEMING, KEN)

AN ACT relating to the West End Opportunity Partnership and making an appropriation therefor.

Create a new section in KRS Chapter 65 to define terms and require a minimum investment be pledged from private sector investors, consolidated local government, and the Commonwealth; require incremental tax revenues be pledged to the West End Opportunity Partnership from a consolidated local government and the Commonwealth; effective only if 2021 Regular Session Bill Request Number 1553 becomes law; APPROPRIATION.

  CURRENT STATUS

3/15/2021 - (H) Returned to Committee House Appropriations & Revenue (H)

PROPERTY IN A DEVELOPMENT AREA
(FLEMING, KEN)

AN ACT relating to property in a development area.

Create new sections in KRS Chapter 65 to state findings and declaration of the General Assembly for the development area; define terms; establish the West End Opportunity Partnership, its powers and duties and purpose; require the West End Opportunity Partnership to comply with open meetings and open records requirements; require the West End Opportunity Partnership to reimburse real property taxes; establish the board and membership requirements; require a local participation agreement and specify provisions of the agreement; establish requirements pertaining to documentation, records, incremental revenues, and bonds; require reporting of the West End Opportunity Partnership to the Interim Joint Committee on Appropriations and Revenue; establish the West End Louisville Advisory Council and its members and duties; create a new section in KRS Chapter 132 to establish the classification of residential property in a revitalization area; define terms; and prohibit the legislative body of a consolidated local government from levying an ad valorem tax rate on residential property in a revitalization area that is higher than 50 percent of the prevailing rate of other real property located in its jurisdiction; EFFECTIVE only if 2021 Regular Session Bill Request Number 1454 becomes law.

  CURRENT STATUS

3/15/2021 - (H) Returned to Committee House Appropriations & Revenue (H)

EXPANSION OF GAMING
(GENTRY, ALAN)

AN ACT relating to the expansion of gaming and making an appropriation therefor.

AN ACT relating to the expansion of gaming and making an appropriation therefor.

  CURRENT STATUS

2/23/2021 - Introduced

ESTABLISHING THE PARI-MUTUEL WAGERING TAXATION TASK FORCE
(KOCH, MATTHEW)

A CONCURRENT RESOLUTION directing the Legislative Research Commission to establish the Pari-mutuel Wagering Taxation Task Force.

Create the Pari-mutuel Wagering Taxation Task Force to study the taxes and rates related to horse-racing in KRS Chapter 138; establish membership; require the task force to meet at least monthly during the 2021 Interim, and to submit any proposed findings or recommendations to the Legislative Research Commission by December 1, 2021.

  CURRENT STATUS

3/12/2021 - received in Senate

RATIFYING EMERGENCY EXECUTIVE ORDERS
(OSBORNE, DAVID W.)

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.

  CURRENT STATUS

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

ADEQUATELY FUNDING THE COMMONWEALTH"S TRANSPORTATION SYSTEM
(SANTORO, SAL)

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

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

  CURRENT STATUS

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

Position

Support

SESTERCENTENNIAL OF HARRODSBURG KENTUCKY
(TATE, NANCY)

A RESOLUTION concerning the sestercentennial anniversary of Harrodsburg.

Encourage the citizens of Harrodsburg to solicit support to cover the costs of celebrations to commemorate their sestercentennial in 2024; recognize the community and Old Fort Harrod for the upcoming attainment of a 250-year anniversary.

  CURRENT STATUS

2/4/2021 - (H) Referred to Committee House Tourism & Outdoor Recreation (H)

Position

Support

LIMIT ON EXECUTIVE ORDERS
(CASTLEN, MATT)

AN ACT relating to emergencies and declaring an emergency.

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

  CURRENT STATUS

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

ADMINISTRATIVE REGULATIONS
(WEST, STEPHEN)

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.

  CURRENT STATUS

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

WARRANTS AUTHORIZING ENTRY WITHOUT NOTICE
(STIVERS, ROBERT)

AN ACT relating to warrants authorizing entry without notice.

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

  CURRENT STATUS

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

Position

Support

LIABILITY PROTECTION DURING DECLARED EMERGENCY
(STIVERS, ROBERT)

AN ACT relating to emergencies and declaring an emergency.

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

  CURRENT STATUS

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

Position

Support

EXCEPTIONS TO MANDATORY IMMUNIZATION REQUIREMENTS
(WILSON, MIKE)

AN ACT relating to exceptions to mandatory immunization requirements and declaring an emergency.

Amend KRS 214.036 to provide exemptions from mandatory immunization for any child, emancipated minor, or adult who, personally or by a parent or guardian, submits a written sworn statement objecting to the immunization based on conscientiously held beliefs; prohibit any administrative regulation, administrative order, or executive order from requiring during an epidemic the immunization of persons who submit either a written sworn statement objecting to the immunization based on conscientiously held beliefs or the written opinion of the person's physician that such immunization would be injurious to the person's health; require the Cabinet for Health and Family Services to develop and make available on its Web site a standardized form relating to the exemptions from mandatory immunization and to accept the form after it is submitted; amend KRS 209.552 and 214.034 to conform; EMERGENCY.
Senate Committee Substitute (1) Delete original provisions; amend KRS 214.036 to provide exemptions from mandatory immunization for any child, emancipated minor, or adult who, personally or by a parent or guardian, submits a written sworn statement objecting to the immunization based on religious grounds; prohibit any administrative regulation, administrative order, or executive order from requiring during an epidemic the immunization of persons who submit either a written sworn statement objecting to the immunization based on conscientiously held beliefs or the written opinion of the person's physician that such immunization would be injurious to the person's health; require the Cabinet for Health and Family Services to develop and make available on its Web site a standardized form relating to the exemptions from mandatory immunization and to accept the form after it is submitted; EMERGENCY.
House Committee Substitute (1) Change "medical" provider to "health care" provider; EMERGENCY.

  CURRENT STATUS

3/28/2021 - BECAME LAW WITHOUT GOVERNOR'S SIGNATURE; (Acts Ch. 147)

Position

Neutral

UNDERGROUND FACILITY PROTECTION
(GIRDLER, RICK)

AN ACT relating to underground facility protection.

Amend KRS 367.4903 to define "positive response," "unique identification number", and "locator"; amend KRS 367.4909 to require operators to update the positive response system documenting the status of marking the approximate location of its underground facilities and to require excavators to give additional time to operators of underground facilities transporting gas or hazardous liquids or transmitting electricity; amend KRS 367.4911 to require excavators that find evidence of an unmarked underground facility to notify the protection notification centers and give the operators 6 hours to identify the facility; provide that if an operator of underground facilities other than one transporting gas or hazardous liquids or transmitting electricity fails to respond to locate requests and to update the positive response system the excavator shall not be liable for damages resulting from the operator's failure to comply with the duties provided in the Underground Facility Damage Prevention Act of 1994; amend KRS 367.4913 to clarify the duties of the protection notification centers and to require the centers to maintain certain information for 5 years and file an annual report with the Governor and the Legislative Research Commission.

  CURRENT STATUS

2/4/2021 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

Position

Neutral

MICROBREWERIES
(ADAMS, JULIE RAQUE)

AN ACT relating to microbreweries.

Amend KRS 243.157 to allow a microbrewer to sell and deliver up to 2,500 barrels of product to any retail licensee and to require a microbrewer to report self-distribution to the distributor; create a new section of KRS Chapter 244 to set forth terms of contracts between microbrewers and distributors; provide severability clause; APPROPRIATION.
Senate Committee Substitute (1) Retain original provisions; add new requirement for microbrewer to pay fairmarket value to distributor upon cancelation; add requirement for microbrewer to buy back its saleable products that distributor returns upon cancellation; require arbitration if fair market value cannot be determined.

  CURRENT STATUS

3/18/2021 - SIGNED BY GOVERNOR; (Acts Ch. 34)

SEX OFFENDERS
(WHEELER, PHILLIP)

AN ACT relating to sex offender registrants.

Amend KRS 17.545 to prohibit sex offender registrants from being on the grounds of a senior citizen center.

  CURRENT STATUS

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

Position

Neutral

PERSONAL INFORMATION
(CARROLL, DANNY)

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.

  CURRENT STATUS

4/8/2021 - VETOED BY GOVERNOR

Position

Support

SEXUAL OFFENSES BY PEACE OFFICERS
(HARPER ANGEL, DENISE)

AN ACT relating to sexual offenses by peace officers.

Amend KRS 510.060, rape in the third degree, to include a peace officer who subjects a person in custody or under arrest to sexual intercourse; amend KRS 510.090, sodomy in the third degree, to include a peace officer who subjects a person in custody or under arrest to deviate sexual intercourse; amend KRS 510.120, sexual abuse in the second degree, to include a peace officer who subjects a person in custody or under arrest to sexual contact.
Senate Committee Substitute (1) Retain original provisions; extend protections to persons who are under investigation for a criminal or traffic offense.
Senate Floor Amendment (1) Retain original provisions; specify prohibitions apply while peace officers serving in official capacity.

  CURRENT STATUS

3/25/2021 - SIGNED BY GOVERNOR; (Acts Ch. 135)

YOUTH CAMP VOLUNTEERING REQUIRMENTS
(SCHICKEL, JOHN)

AN ACT relating to youth camps.

Amend KRS 194A.380 to establish a definition of "staff member" as it relates to persons working or volunteering at a youth camp; amend KRS 194A.382 to create employment and background check standards for a staff member working or volunteering at a youth camp; and amend KRS 194A.383 related to violations of employment requirements of a staff member working or volunteering at a youth camp.
Free Conference Committee Report 1: Retain the original provisions of SB 66 GA with the following changes: create new definitions for "local government" and "local government youth day camp"; amend the definition of "staff member" to include individuals working or volunteering at a local government youth day camp; create employment and background check standards for a staff member working or volunteering at a local government youth day camp; create new requirements related to violations of employment requirements of a staff member working or volunteering at a local government youth day camp; and create a new section of KRS 194A to establish requirements of local government youth day camps.

  CURRENT STATUS

3/23/2021 - SIGNED BY GOVERNOR; (Acts Ch. 90)

ALCOHOLIC BEVERAGE SALES
(SCHICKEL, JOHN)

AN ACT relating to alcoholic beverage sales, and declaring an emergency.

Create a new section of KRS Chapter 243 to allow alcohol to be purchased to go or for delivery in conjunction with a meal, set conditions therefore, and require department to promulgate administrative regulation for closed container; amend KRS 243.034 to allow limited restaurant licensees to sell alcohol for delivery or to go in conjunction with a meal; amend KRS 243.084 to allow nonquota type 2 licensees to sell alcohol for delivery or to go in conjunction with a meal; amend KRS 243.155 to allow small farm winery licensees to sell alcohol for delivery or to go in conjunction with a meal; amend KRS 243.250 to allow quota retail drink licensees to sell alcohol for delivery or to go in conjunction with a meal; EMERGENCY.
Senate Committee Substitute (1) Retain original provisions except require amounts purchased to be reasonable, require any person delivering alcoholic beverages to be at least 21 years old, and provide details of how alcoholic drinks to go must be sealed for transport; EMERGENCY.

  CURRENT STATUS

3/15/2021 - SIGNED BY GOVERNOR; (Acts Ch. 20)

MANUFACTURING OF DISTILLED SPIRITS
(SCHICKEL, JOHN)

AN ACT relating to the manufacturing of distilled spirits.

Amend KRS 243.120 to require a licensee holding a distiller's license, Class A license, or Class B license to distill no less than 600 gallons in one year at the distillery's licensed premises; exempt a licensee that trains, educates, conducts research, or teaches about the distilling process, aging, or bottling of distilled spirits from the minimum distilling production requirements in KRS Chapter 243, so long as a licensee does not produce spirits for sale to the general public.

  CURRENT STATUS

3/18/2021 - SIGNED BY GOVERNOR; (Acts Ch. 35)

SERVING OF ALCOHOLIC BEVERAGES
(SCHICKEL, JOHN)

AN ACT relating to the serving of alcoholic beverages.

Amend KRS 244.090 to allow a person under the age of 20 to be employed by select licensees if his or her duties do not involve the retail sale or serving of alcoholic beverages, or employed by a retail malt beverage package licensee if the person is at least 18 years of age and under the direct supervision of someone 20 years of age or older, or by any other business whose alcoholic beverage sales do not exceed 50 percent of gross sales and the person is at least 18 years of age and under the supervision of a person 20 years of age or older or the duties of the person do not involve retail sales or serving alcoholic beverages.

  CURRENT STATUS

2/9/2021 - Senate Licensing and Occupations (S), (Bill Scheduled for Hearing); Time & Location:

Position

Support

KENTUCKY COMMISSION ON HUMAN RIGHTS
(WESTERFIELD, WHITNEY)

AN ACT relating to the Kentucky Commission on Human Rights.

Amend KRS 344.200. 344.210, 344.240, and 344.600 to extend timelines for actions involving the Commission on Human Rights.

  CURRENT STATUS

2/11/2021 - received in House

OFF HIGHWAY VEHICLES
(WHEELER, PHILLIP)

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

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

  CURRENT STATUS

3/1/2021 - received in House

Position

Support

PEACE OFFICERS
(CARROLL, DANNY)

AN ACT relating to peace officers.

Amend KRS 15.391 to amend the definition of "professional malfeasance" and "professional nonfeasance"; add grounds for the revocation of peace officer certification; provide that the council may impose any reasonable condition upon the reinstatement of certification and provide subpoena power to the council; amend KRS 15.392 to remove reference to KRS 15.386; create a new section of KRS Chapter 15 to allow law enforcement agencies to make an offer of conditional employment pending an investigation into the applicants certification status and former employment conduct; create a new section of KRS Chapter 15 to require the Kentucky Law Enforcement Council to provide information on an officer's certification status to an out-of-state law enforcement agency.
House Floor Amendment (1) Retain original provisions; amend KRS 15.440 to remove the requirement that all mandatory training obligations must be completed for peace officers with certain law enforcement experience; amend KRS 15.382 to require that peace officers qualified for basic training credit meet minimum qualifications; amend KRS 15.386, 15.388, 15.392, and 15.400 to establish the procedure for certification reporting of peace officers who have certain law enforcement experience; amend KRS 15.404 to waive the requirement for completing a basic training course within one year of employment for those peace officers who have received a basic training credit approved by the Kentucky Law Enforcement Council.

  CURRENT STATUS

3/22/2021 - SIGNED BY GOVERNOR; (Acts Ch. 73)

ANIMAL OWNERSHIP
(SOUTHWORTH, ADRIENNE)

AN ACT relating to animal ownership.

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

  CURRENT STATUS

2/23/2021 - Senate Agriculture (S), (Bill Scheduled for Hearing); Time & Location:

WORKERS' COMPENSATION FOR VOLUNTEER FIREMEN AND OTHER EMERGENCY PERSONNEL
(WHEELER, PHILLIP)

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

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

  CURRENT STATUS

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

SOLID WASTE
(WHEELER, PHILLIP)

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

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

  CURRENT STATUS

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

CITY ANNEXATION FILINGS
(WHEELER, PHILLIP)

AN ACT relating to city annexation filings.

Amend KRS 81A.470 to remove language requiring a copy of the ordinance approving 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 closed geometric figure description requirements.
Senate Committee Substitute (1) Retain the original provisions of the bill, but amend Sections 1 and 2 to provide that the specified documentation is to be in either paper or electronic format; and add KRS 116.200 to require documentation of an annexation be sent to the county clerk pursuant to only KRS 81A.470.

  CURRENT STATUS

3/18/2021 - SIGNED BY GOVERNOR; (Acts Ch. 41)

SEXUAL OFFENSES
(ADAMS, JULIE RAQUE)

AN ACT relating to sexual offenses by peace officers.

Amend KRS 510.060, rape in the third degree, to include a peace officer who subjects a person in custody or under arrest to sexual intercourse; amend KRS 510.090, sodomy in the third degree, to include a peace officer who subjects a person in custody or under arrest to deviate sexual intercourse; amend KRS 510.120, sexual abuse in the second degree, to include a peace officer who subjects a person in custody or under arrest to sexual contact.

  CURRENT STATUS

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

Position

Support

PROPERTY IN A DEVELOPMENT AREA
(STIVERS, ROBERT)

AN ACT relating to property in a development area.

Create new sections in KRS Chapter 65 to state findings and declaration of the General Assembly for the development area; define terms; establish the West End Opportunity Partnership, its powers and duties and purpose; require the West End Opportunity Partnership to comply with open meetings and open records requirements; require the West End Opportunity Partnership to reimburse real property taxes; establish the board and membership requirements; require a local participation agreement and specify provisions of the agreement; establish requirements pertaining to documentation, records, incremental revenues, and bonds; require reporting of the West End Opportunity Partnership to the Interim Joint Committee on Appropriations and Revenue; establish the West End Louisville Advisory Council and its members and duties; create a new section in KRS Chapter 132 to establish the classification of residential property in a revitalization area; define terms; and prohibit the legislative body of a consolidated local government from levying an ad valorem tax rate on residential property in a revitalization area that is higher than 50 percent of the prevailing rate of other real property located in its jurisdiction; EFFECTIVE only if 2021 Regular Session Bill Request Number 850 becomes law.

  CURRENT STATUS

2/23/2021 - Introduced

CERTIFIED CONSTABLES
(MILLS, ROBBY)

AN ACT relating to constables.

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

  CURRENT STATUS

1/11/2021 - Introduced

ABANDONED AND BLIGHTED PROPERTIES
(MILLS, ROBBY)

AN ACT relating to abandoned and blighted property.

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

  CURRENT STATUS

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

Position

Support

RETAIL PACKAGE ALCOHOL SALES
(HORNBACK, PAUL)

AN ACT relating to retail package alcohol sales.

Amend KRS 243.084 to allow a hotel or restaurant to sell up to 2,000 bottles of package sales annually to its patrons under its NQ2 license; amend KRS 243.086 to allow a private club to sell up to 2,000 bottles of package sales annually to its members under its NQ3 license; amend KRS 243.157 to allow a microbrewer to offer for sale in its giftshop products that were produced in collaboration with a distiller.

  CURRENT STATUS

2/2/2021 - (S) Referred to Committee Senate Licensing and Occupations (S)

Position

Under Evaluation

EXCEPTIONS TO IMMUNIZATION REQUIREMENTS
(SOUTHWORTH, ADRIENNE)

AN ACT relating to exceptions to immunization requirements and declaring an emergency.

Create a new section of KRS Chapter 164 to allow an independent institution or postsecondary educational institution to require a student to receive a vaccination for disease if exemption provisions are allowed; create a new section of KRS 216B to allow a health facility to require an employee to receive a vaccination for disease if exemption provisions are allowed; EMERGENCY.

  CURRENT STATUS

2/4/2021 - (S) Referred to Committee Senate Education (S)

PARI-MUTUEL WAGERING
(SCHICKEL, JOHN)

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

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

  CURRENT STATUS

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

RESIDENTIAL COMMUNITIES
(ALVARADO, RALPH)

AN ACT relating to residential communities.

Create new sections of KRS Chapter 381 to define terms related to planned communities; establish administrative standards for planned communities; provide standards for declarations for planned communities; indicate that planned communities shall have a declaration accompanied by bylaws that include specific provisions; provide that associations shall have an executive board with enumerated powers; allow periods of declarant control of the associations; provide for rights and responsibilities of associations; require associations to keep certain financial records; allow associations to assess lot owners for certain expenses; allow associations to have a lien upon any lot for nonpayment of assessments; provide guidelines for revitalization of defunct associations; establish guidelines for civil liabilities; define "governing documents" and "homeowners' association"; state that the governing documents may not prohibit the outdoor display of political yard signs 30 days before any special, primary, or regular election until seven days after that election; establish a short title.

  CURRENT STATUS

2/2/2021 - Introduced

Position

Support

PUBLIC RECORDS
(CARROLL, DANNY)

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.

  CURRENT STATUS

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

SALE OF CONFISCATED FIREARMS
(BUFORD, TOM)

AN ACT relating to the sale of confiscated firearms.

Amend KRS 16.220 to establish the Law Enforcement Protection Program, prioritize purchase of individual first aid kits through the program, and authorize the Kentucky Office of Homeland Security to use firearms sales proceeds to cover departmental costs of administering the program.

  CURRENT STATUS

3/3/2021 - received in House

Position

Under Evaluation

PAYCHECK PROTECTION
(MILLS, ROBBY)

AN ACT relating to paycheck protection.

Amend KRS 161.158 to provide that withholding of dues shall cease upon receipt of a written request from the employee; to set forth the specific language to be included on an authorization-for-withholding form and the manner in which the form shall be confirmed; amend KRS 336.135 to provide that consent of the employee may be revoked at any time and withholding of dues shall cease upon receipt of a written request from the employee; to set forth the specific language to be included on an authorization-for-withholding form and the manner in which the form shall be confirmed.

  CURRENT STATUS

2/4/2021 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

DRUG-FREE WORKPLACE
(HIGDON, JIMMY)

AN ACT relating to a drug-free workplace.

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

  CURRENT STATUS

2/2/2021 - Introduced

ANNEXATION
(NEMES, MICHAEL J.)

AN ACT relating to annexation.

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

  CURRENT STATUS

2/2/2021 - Introduced

CHILD CARE
(CARROLL, DANNY)

AN ACT relating to child care and declaring an emergency.

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

  CURRENT STATUS

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

INCOMPATIBLE OFFICES
(ALVARADO, RALPH)

AN ACT relating to incompatible offices.

Amend KRS 61.080 to forbid a person from being both an officer in one jurisdiction and an employee of another.

  CURRENT STATUS

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

REDUCTION OF PERSONNEL COSTS FOR URBAN-COUNTY GOVERNMENTS
(BUFORD, TOM)

AN ACT relating to reduction of personnel costs for urban-county governments.

Amend KRS 67A.300 to permit the legislative body of an urban-county government, when economic necessity or budgetary shortfall requires and upon the adoption of a resolution by 2/3 of the members present, to furlough classified civil service employees.

  CURRENT STATUS

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

Position

Support

FINANCIAL TRANSACTIONS
(WESTERFIELD, WHITNEY)

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.

  CURRENT STATUS

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

Position

Under Evaluation

DUTY-RELATED DISABILITY BENEFITS
(MCDANIEL, CHRISTIAN)

AN ACT relating to duty-related disability benefits.

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.
Senate Committee Substitute (1) Retain original provisions; and provide that Sections 1 to 8 of the bill shall apply to the County Employees Retirement System regardless of any other bills enacted during the 2021 Regular Session.
House Committee Substitute (1) Retain original provisions except to limit the increase in minimum total and permanent in line of duty or duty-related disability benefits to those members in a hazardous duty position or is in a nonhazardous position that could be approved as a hazardous duty position; amend KRS 61.607 to require members receiving line of duty disability benefits to annually file forms verifying payment of Social Security or Worker's Compensation benefits; amend KRS 61.610 to provide that line of duty disability medical reviews shall occur no more than once every 3 years and to provide that the systems shall hire a private investigator to investigate disability fraud and to provide spot audits on line of duty recipients; amend KRS 7A.255 to require reporting of line of duty disability benefits to the Public Pension Oversight Board; make conforming and technical amendments.
House Floor Amendment (1) Retain original provisions; clarify that the provisions of KRS 6.945 shall not apply to the bill.

  CURRENT STATUS

3/24/2021 - SIGNED BY GOVERNOR; (Acts Ch. 106)

LOCAL GOVERNMENT
(SCHRODER, WIL)

AN ACT relating to local government and declaring an emergency.

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

  CURRENT STATUS

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

Position

Support

UNDERGROUND FACILITY PROTECTION
(HOWELL, JASON)

AN ACT relating to underground facility protection.

Amend KRS 367.4911 to include exempted activities in the process of ceasing operations when damage occurs to an underground facility and notification of appropriate authorities; amend KRS 367.4915 to make conforming changes.
House Committee Substitute (1) Amend KRS 367.4911 to require excavators to cease excavation or demolition activities immediately upon discovery of damage to an underground facility; require exempted excavation activities under KRS 367.4915 to cease operations when damage occurs to an underground facility or system used for producing, storing, conveying, transmitting, or distributing gas, petroleum, petroleum products, or hazardous liquids and notify all affected operators; require excavators, or individuals or entities exempted under KRS 367.4915, to notify appropriate authorities if the damage causes concern for public or workplace safety or results in the escape or suspected escape of flammable, toxic, or corrosive gas or liquid; amend KRS 367.4915 to exempt nonintrusive excavating for inspecting or performing maintenance for an existing utility pole from the Underground Facility Damage Prevention Act.

  CURRENT STATUS

3/24/2021 - SIGNED BY GOVERNOR; (Acts Ch. 105)

WINE CORKAGE
(WEBB, ROBIN L.)

AN ACT relating to wine corkage.

Create a new section of KRS Chapter 243 to create conditions for wine corkage in conjunction with a meal; create conditions for removal of a bottle of opened wine; amend KRS 243.020 to permit corkage; amend KRS 243.034 to allow a limited restaurant licensee to allow corkage; amend KRS 243.084 to allow a nonquota type 2 or NQ2 retail drink licensee to allow corkage; amend KRS 242.260 to exempt corkage from being a violation.

  CURRENT STATUS

2/9/2021 - (S) Referred to Committee Senate Licensing and Occupations (S)

APPORTIONMENT OF MONEY IN THE CRS FUND
(HIGDON, JIMMY)

AN ACT relating to the apportionment of money in the CMRS fund and making an appropriation therefor.

Amend KRS 66.7631 to reallocate a portion of the monthly revenues deposited into the CMRS fund for the purpose of next generation 911 initiatives, services, and applications when certain thresholds are met during a fiscal year; APPROPRIATION.
Senate Committee Substitute (1) Amend KRS 66.7631 to reallocate a portion of the monthly revenues deposited into the CMRS fund for the purpose of next generation 911 initiatives, services, and applications when certain thresholds are met during a fiscal year; APPROPRIATION. EFFECTIVE JULY 1, 2021

  CURRENT STATUS

3/5/2021 - received in House

Position

Neutral

EMERGENCY MEDICAL PERSONNEL
(BERG, KAREN)

AN ACT relating to emergency medical personnel.

Amend KRS 311A.090 to require a convicted felon licensed or certified by the board to notify the board within 30 days of his or her release about the charges of which they were convicted and the terms of their release; amend KRS 311A.200 to require an incarcerated felon with a limited certification as a first responder or emergency medical technician or limited license as a paramedic, who wishes to continue to be licensed, to apply to the board.

  CURRENT STATUS

2/10/2021 - (S) Referred to Committee Senate Licensing and Occupations (S)

OPEN RECORDS
(SOUTHWORTH, ADRIENNE)

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.

  CURRENT STATUS

3/4/2021 - received in House

VEHICLE RECYCLERS
(HIGDON, JIMMY)

AN ACT relating to vehicle recyclers.

Amend KRS 177.905, to change the definition of "road" to include only those highways which are a part of the national highway system, thereby limiting Transportation Cabinet regulation of automobile recyclers to only those facilities visible from roads that are part of the national highway system.
Senate Committee Substitute (1) Retain original provisions; amend KRS 177.912 to require any auto recycler to comply with all local ordinances, rules, and regulations, regardless if the auto recycler is required to be permitted under KRS 177.910; specifies that for any auto recycler required to be permitted under KRS 177.910, the commissioner of highways may exempt the auto recycler from the permit process, if the local government certifies the auto recycler's compliance as a conforming use in an industrially zoned area under the applicable zoning ordinances and regulations.

  CURRENT STATUS

3/29/2021 - (H) recommitted to committee House Appropriations & Revenue (H)

Position

Neutral

ANIMAL CONTROL OFFICERS
(WEBB, ROBIN L.)

AN ACT relating to animal control officers and making an appropriation therefor.

Create a new section of KRS 258.095 to 258.500 to require the Department of Agriculture to provide continuing education on criminal and law enforcement procedures and investigatory practices to animal control officers; EFFECTIVE January 1, 2022: APPROPRIATION.

  CURRENT STATUS

2/10/2021 - (S) Referred to Committee Senate Agriculture (S)

STATEWIDE MOBILE FOOD UNITS
(SOUTHWORTH, ADRIENNE)

AN ACT relating to statewide mobile food units.

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

  CURRENT STATUS

2/9/2021 - Introduced

PUBLIC SAFETY
(CARROLL, DANNY)

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.

  CURRENT STATUS

3/11/2021 - received in House

CESSATION OF PARTICIPATION
(MCDANIEL, CHRISTIAN)

AN ACT relating to cessation of participation by Kentucky Employees Retirement System employers, making an appropriation therefor, and declaring an emergency.

Amend KRS 61.522 that is effective until April 1, 2021, and effective on or after April 1, 2021, so that Kentucky Employees Retirement System employers who are voluntarily ceasing participation in the system may make multiple lump-sum payments by the set due date and to receive interest credit for early payment; EMERGENCY.
House Floor Amendment (1) Retain original provisions; add noncodified language authorizing Northern Kentucky University (NKU) to issue bonds in FY 2021 not exceeding $320 million for the costs of ceasing participation in the Kentucky Employees Retirement System (KERS), authorize the Kentucky Asset/Liability Commission to issue notes to finance NKU bonds, and provide that notes issued have maturity of up to 30 years; APPROPRIATION

  CURRENT STATUS

3/17/2021 - SIGNED BY GOVERNOR; (Acts Ch.28)

FIRST RESPONDERS
(CARPENTER, JARED)

AN ACT relating to first responders.

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

  CURRENT STATUS

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

BACKGROUND CHECKS
(MCGARVEY, MORGAN)

AN ACT relating to background 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 state and national criminal background checks to youth-serving organizations.

  CURRENT STATUS

2/11/2021 - (S) Referred to Committee Senate State & Local Government (S)

EMPLOYMENT PROTECTIONS
(MCGARVEY, MORGAN)

AN ACT relating to employment protections.

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

  CURRENT STATUS

2/11/2021 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

REVOCATION OF PEACE OFFICER CERTIFICATION
(MCGARVEY, MORGAN)

AN ACT relating to the revocation of peace officer certification.

Amend KRS 15.391, relating to grounds for the revocation of peace officer certification, to require revocation if a peace officer is convicted of domestic violence; allow revocation if a peace officer is named as an adverse party in a domestic violence order or interpersonal protective order.

  CURRENT STATUS

2/11/2021 - (S) Referred to Committee Senate Veterans, Military Affairs, & Public Protection (S)

HIGHWAY CONSTRUCTION CONTINGENCY ACCOUNT
(HIGDON, JIMMY)

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

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

  CURRENT STATUS

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

CONSUMER PROTECTIONS
(SOUTHWORTH, ADRIENNE)

AN ACT relating to consumer protections.

Create various new sections of KRS Chapter 217 to define terms; prohibit the manufacture and sale of certain kratom products and kratom extracts; prohibit financial institutions from denying services to kratom producers and kratom retailers; establish penalties.

  CURRENT STATUS

2/22/2021 - (S) Referred to Committee Senate Health & Welfare (S)

OVERSIGHT OF THE POLICE
(MCGARVEY, MORGAN)

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.

  CURRENT STATUS

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

OVERSIGHT OF POLICE FOR CONSOLIDATED LOCAL GOVERNMENT
(MCGARVEY, MORGAN)

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.

  CURRENT STATUS

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

EMPLOYMENT DISCRIMINATION BASED ON SMOKING
(SCHICKEL, JOHN)

AN ACT relating to employment discrimination based on smoking.

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

  CURRENT STATUS

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

RELIGIOUS FREEDOM
(STORM, BRANDON J.)

AN ACT relating to religious freedom.

Amend KRS 39A.100 and 39A.180 to limit the Governor and political subdivisions and agencies from exercising emergency powers to substantially burden a person's freedom of religion; amend KRS 446.350 to waive the sovereign immunity of the Commonwealth in claims seeking equitable relief relating to the government substantially burdening a person's freedom of religion; require court to award reasonable attorney fees and costs and $10 a day in damages for violations.

  CURRENT STATUS

2/26/2021 - (S) Referred to Committee Senate Judiciary (S)

BODY-WORN CAMERAS
(NEAL, GERALD A.)

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.

  CURRENT STATUS

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

SOLAR FARMS
(WEST, STEPHEN)

AN ACT relating to solar farms on agricultural lands.

Amend KRS 100.111 to define 'photovoltaic power station'; amend KRS 100.203 to allow cities and counties to prohibit the construction of photovoltaic power stations on agricultural lands; amend KRS 100.208 to prohibit the transfer of development rights if the transfer would allow for the construction of a photovoltaic power station on agricultural lands; amend KRS 100.324 to prohibit utilities regulated by the Kentucky Public Service Commission to site a photovoltaic power stations on agricultural lands; amend KRS 154.60-040 to define "photovoltaic power station' and prohibit the transfer of lands under the Beginning Farmer program if the lands would be used for siting a photovoltaic power station; amend KRS 262.010 to define 'photovoltaic power station'; amend KRS 262.850 to prohibit lands within an agricultural district to be used to site a photovoltaic power station; amend KRS 262.902 to state the policy of the Commonwealth with respect to enhancing and protecting agricultural lands includes prohibiting the construction of photovoltaic power stations on agricultural lands; amend KRS 262.910 to prohibit the PACE board from approving any plan for siting a photovoltaic power station on PACE lands under the PACE program and clarify that small solar arrays for exclusive on-farm usage are exempted; amend KRS 278.216 to conform internal references; amend KRS 278.704 to require a merchant electric generating facility to conform with all local planning and zoning requirements and prohibit the construction of a merchant generating plant that uses a photovoltaic power station on agricultural lands; amend KRS 278.706 to include in the application for siting a merchant generating plant a statement certifying that the plant is in compliance with all local ordinances and regulations including prohibiting the siting of a photovoltaic power station on agricultural lands; amend KRS 278.708 to include restrictions on siting on agricultural lands in the site assessment report; amend KRS 100.273 to conform.

  CURRENT STATUS

2/22/2021 - Introduced

DISSEMINATION OF PERSONALLY IDENTIFYING INFORMATION
(SCHRODER, WIL)

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.

  CURRENT STATUS

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

MINIMUM SECURITY REQUIREMENTS AT RETAIL ESTABLISHMENTS THAT SELL ALCOHOL
(HIGDON, JIMMY)

AN ACT relating to minimum security requirements at retail establishments licensed to sell alcohol for on-site consumption.

Create new sections of KRS Chapter 244 to define terms; establish pre-employment requirements for bouncers; create bouncer training standards; establish agency oversight; prevent confusion as to whether a law enforcement officer is on or off duty; amend KRS 244.120 to prohibit consumption of alcohol by a bouncer during work hours; cite this Act as Christopher's Law.

  CURRENT STATUS

2/24/2021 - (S) Referred to Committee Senate Licensing and Occupations (S)

LOCAL GOVERNMENT
(STIVERS, ROBERT)

AN ACT relating to local government.

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

  CURRENT STATUS

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

WORKFORCE DEVELOPMENT
(HIGDON, JIMMY)

AN ACT relating to workforce development.

Create the Kentucky Education and Workforce Collaborative to implement the policies developed by the Kentucky Workforce Innovation Board; establish membership, articulate responsibilities of the collaborative, authorize service coordination, authorize combination service programs, articulate responsibilities of local workforce boards, establish performance deadlines.

  CURRENT STATUS

2/25/2021 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

PUBLIC INVESTMENTS
(MILLS, ROBBY)

A CONCURRENT RESOLUTION requesting state and local officials and the judiciary to dedicate resources and adopt practices to preserve public investments.

Urge local governments to make resources available for the protection of monuments, edifices, graves, and lands, and urge peace officers, prosecutors and members of the Kentucky Court of Justice including county attorneys, Commonwealth's attorneys, and the Kentucky Attorney General to charge and pursue the most stringent violations against defacement and damage of monuments, edifices, graves, and lands, as well as to urge judges of the Circuit, District, and appellate courts to impose and sustain sentences against persons convicted of these offenses to the maximum penalties permitted under law.

  CURRENT STATUS

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

Position

Support

CAREER PATHS FOR INDIVIDUALS THAT ARE IN NEED OF SECOND CHANCES
(ALVARADO, RALPH)

A CONCURRENT RESOLUTION to encourage the Education and Workforce Development Cabinet to encourage Kentucky businesses to create career paths for individuals that are in need of second chances and to encourage Kentucky businesses to not have "zero tolerance" polices for employees related to substance use disorder.

Encourage the Education and Workforce Development Cabinet to encourage Kentucky businesses to create career paths for individuals that are in need of second chances and to encourage Kentucky businesses to not have "zero tolerance" polices for employees related to substance use disorder

  CURRENT STATUS

3/1/2021 - received in House

Position

Support

PUBLIC WATER AND WASTE WATER SYSTEM INFRASTRUCTURE TASK FORCE
(WEBB, ROBIN L.)

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

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

  CURRENT STATUS

2/3/2021 - Introduced

Position

Support

CREATE TASK FORCE TO STUDY POLICING IN THE COMMONWEALTH
(NEAL, GERALD A.)

A CONCURRENT RESOLUTION to create a task force to study policing in the Commonwealth.

Create the Task Force on Policing in the Commonwealth to study and make recommendations related to role of law enforcement and the relationship to the communities they serve; outline task force membership; require the task force to meet at least three times during the 2021 interim and to submit findings and recommendations to the Legislative Research Commission by December 1, 2021.

  CURRENT STATUS

2/22/2021 - Introduced

CREATE AN ADVISORY COMMITTEE RELATING TO TREATMENT OF INDIVIDUALS WITH SUBSTANCE USE DISORDERS
(ALVARADO, RALPH)

A JOINT RESOLUTION directing the Cabinet for Health and Family Services to create an advisory committee to investigate funding mechanisms and feasibility studies around recovery housing including a full continuum of care for the treatment of individuals with substance use disorders.

Direct the Cabinet for Health and Family Services to establish a work group to create written recommendations for distribution throughout Kentucky for individuals who suffer from substance use disorder in order to reduce the barriers the individuals experience when attempting to access opioid disorder treatment programs.
House Committee Substitute (1): Delete original provisions; require the Cabinet for Health and Family Services to create an advisory committee to establish a pilot program to investigate funding mechanisms for a diversion program for treatment and recovery housing services for individuals with substance use disorder who have been arrested for substance use disorder-related offenses; establish membership to the advisory committee; establish that the pilot program shall start by July 1, 2022; require a status report related to the pilot program development that is due December 31, 2021.

  CURRENT STATUS

4/6/2021 - SIGNED BY GOVERNOR; (Acts Ch. 193)

Position

Support

CREATE RECOMMENDATIONS RELATED TO DECRIMINALIZATION, DIVERSION PROGRAMS, AND FUNDING OF DRUG COURTS
(ALVARADO, RALPH)

"A JOINT RESOLUTION directing the Cabinet for Health and Family Services and the Justice and Public Safety Cabinet to work together with the Administrative Office of the Courts to create recommendations related to partnerships for decriminalization, diversion programs, and the funding of drug courts.

Direct the Cabinet for Health and Family Services and the Justice and Public Safety Cabinet to work together to create recommendations related to partnerships for decriminalization, diversion programs, and the funding of drug courts.
Senate Committee Substitute (1) Retain original provisions; and add langue to require the Cabinet for Health and Family Services and the Justice and Public Safety Cabinet to work together with the Administrative Office of the Courts to create recommendations related to partnerships for decriminalization, diversion programs, and the funding of drug courts.

  CURRENT STATUS

3/1/2021 - received in House

Position

Support

CREATE A WORKGROUP TO ESTABLISH PILOT PROGRAM FOR POST-INPATIENT TREATMENT HOUSING
(ALVARADO, RALPH)

A JOINT RESOLUTION directing the Cabinet for Health and Family Services to work with substance use disorder treatment providers to create a work group to establish a pilot program to fully fund post-inpatient treatment housing and transitional living in a limited setting for individuals with substance use disorder.

Direct the Cabinet for Health and Family Services to work with substance use disorder treatment providers to create a work group to establish a pilot program to fully fund post-inpatient treatment housing and transitional living in a limited setting for individuals with substance use disorder; establish duties of the work group; require annual reports of the work group.

  CURRENT STATUS

2/25/2021 - (S) SECOND READING, to Rules

Position

Support