Report Html
Legislative Report February 26, 2024
Prepared by: Liz McQuillen
Bill Information
INCOME TAXATION
(REED, BRANDON)

AN ACT relating to income taxation.

Amend KRS 141.020 to reduce the individual income tax to 4.5% for taxable years beginning January 1, 2023, and to 4% for taxable years beginning January 1, 2024.

  CURRENT STATUS

2/17/2023 - SIGNED BY GOVERNOR; (Acts Ch. 3)

JUVENILE JUSTICE
(BRATCHER, KEVIN D.)

AN ACT relating to juvenile justice and making an appropriation therefor.

Amend KRS 610.030 to require a report to the court of truancy cases when there is no action implemented by the response team within 90 days; require a court-designated worker to make a finding if diversion is failed due to lack of parental cooperation; allow a court to refer cases back to the court-designated worker and order parental cooperation; amend KRS 610.990 to establish penalty; amend KRS 610.265 to require children charged with serious felony offenses to be detained pending a detention hearing and to be evaluated for treatment; amend KRS 610.340 to provide that confidentiality does not apply to cases in which a child has admitted to or been adjudicated for a violent felony offense for five years; direct renovations to the Jefferson County Youth Detention Center; APPROPRIATION. House Committee Substitute (2) Retain original provisions, except require court review of FAIR team inaction to be on the record; mandate that an intentional violation of a court order for parental cooperation is a violation of KRS 530.070(1)(c); require children mandatorily detained to be examined to determine if the child could benefit from cognitive behavioral therapy, other evidence-based behavioral health programs, or substance use disorder treatment; require the Justice and Public Safety Cabinet to contract with a qualified mental health professional and a behavioral health services organization to provide any recommended treatment; provide that restorative practices may be utilized for children who have been found guilty of a crime; provide that communications between the child and provider are privileged; provide that the mandatory detention provision shall not apply to children ten and younger; require records to be made public for three years for children who have admitted to or been adjudicated for a crime under KRS 532.200 and allow automatic sealing of records if there are no additional public offenses within that period; define "admission"; remove limit on funding source; change appropriation amount from $8,900,000 to $17,100,000, if deeded to Commonwealth prior to July 1 , 2023; provide that renovated center shall be owned by the Commonwealth; mandate that the Cabinet for Health and Family Services shall provide youth in detention with Medicaid benefits; add appropriation for increased transportation costs to the Department of Juvenile Justice; add appropriation for additional staffing needs at juvenile detention centers; add appropriation for renovation of Jefferson Regional Youth Detention Center at Lyndon; APPROPRIATION. House Committee Substitute (1) Retain original provisions, except require court review of FAIR team inaction to be on the record; mandate that an intentional violation of a court order for parental cooperation is a violation of KRS 530.070(1)(c); require children mandatorily detained to be examined for cognitive behavioral issues and substance use disorder and require the Justice and Public Safety Cabinet to contract with a qualified mental health professional to provide any recommended treatment; remove limit on funding source; change appropriation amount from $8,900,000 to $8,950,700; APPROPRIATION. Senate Committee Substitute (1) Retain original provisions; require a court-designated worker or court-designated specialist to contact the school district of any child entering into a diversion agreement, to obtain specified information; require court-designated specialists to make all details of diversion agreements available electronically to members of the FAIR team, on a platform to be provided by AOC; allow the FAIR team to refer cases to the cabinet, for dependency, neglect, or abuse investigations; delay mandatory detention provision to July 1, 2024; allow children in detention visitation from nonprofit or community organizations to connect them with resources; require children detained or committed post-adjudication to be assessed and provided any recommended treatment; establish that treatment provided by DJJ may be through a contract; amend appropriation amounts; remove appropriation for transporation needs; remove appropriation for staffing needs; APPROPRIATION.

  CURRENT STATUS

3/27/2023 - SIGNED BY GOVERNOR; (Acts Ch. 105)

FISCAL MATTERS
(PETRIE, JASON)

AN ACT relating to fiscal matters and declaring an emergency.

Amend KRS 132.140 to allow an exemption of the property tax on distilled spirits stored or aging in barrels located in a bonded warehouse or premises; amend KRS 141.389 to allow the distilled spirits income tax credit only to taxable years beginning prior to January 1, 2024, but allow the accumulated credit to be claimed after that date; prohibit the Department of Revenue from considering any settlement agreement between the department and any taxpayer having distilled spirits in a bonded warehouse to be null and void; allow the agreement to be renegotiated; require the renegotiated agreement to be promulgated in an administrative regulation following the renegotiation process. House Committee Substitute (1) Retain original provisions; create a new section of KRS Chapter 65 to authorize cities, counties, and fire protection districts to levy a storage license fee on an owner or proprietor of a bonded warehouse containing distilled spirits and the costs of which are financed by industrial bonds; set requirements for the license fee; create a new section of KRS Chapter 75A to allow an emergency services board that levies an ad valorem tax and provides services to a non-IRB and tax-exempt premises to charge a fee for services rendered; set requirements for the fee; create a new section of KRS Chapter 75 to allow a board of trustees of a fire protection district or subdistrict that levies an ad valorem tax and provides services to non-IRB and tax-exempt premises to charge a fee for services rendered; set requirements for the fee; amend KRS 141.389 to allow the distilled spirits inventory tax credit through taxable year 2033 for taxpayer's owning or possessing less than 25,000 barrels; create a new section of KRS 157.310 to 157.440 to exclude the assessed value on distilled spirits related to the property tax exemption from the calculation for the Support Education Excellence in Kentucky program and the tax rate-setting process for district boards of education.
House Floor Amendment (1) Allow the tax credit to apply up to 25,000 barrels of distilled spirts in a bonded warehouse or premises per taxable year and remove ownership and possession requirement. Senate Committee Substitute (1) Delete all provisions; amend KRS 132.140 to phase out the ad valorem tax on distilled spirits and exempt distilled spirits after year 2043; create a new section of KRS Chapter 138 to provide an industry replacement tax for schools and fire districts; amend KRS 141.389 to allow a taxpayer to elect to receive a modified credit or a combined sales and use tax refund and a withholding tax refund based on a portion of the accumulated distilled spirits income tax credit for certain capital investments and job creation; create a new section of KRS 157.310 to 157.440 to modify the SEEK funding formula related to distilled spirits; amend various sections that were amended by 2023 Ky. Acts ch. 92 to conform and make technical corrections; create a new section of KRS Chapter 141 to allow a pass-through entity to elect to pay the income tax; repeal Section 16 of 2023 Ky. Acts ch. 92; provide that certain settlement agreements shall not be voided; provide that if any provision of this Act is held invalid, the invalidity shall not affect other provisions that can be given effect without the invalid provision; EMERGENCY.

  CURRENT STATUS

3/31/2023 - SIGNED BY GOVERNOR; (Acts Ch. 148)

PROFESSIONAL EMPLOYER ORGANIZATIONS
(PRATT, PHILLIP)

AN ACT relating to registration of professional employer organizations and declaring an emergency.

Amend KRS 336.236 to change the registration period for existing professional employer organizations as of July 14, 2022, to register with the Department of Workers' Claims by July 15, 2024; amend KRS 336.248 to require professional employer organizations to report and pay all unemployment insurance fund contributions using the state employer identification number and contribution rate of the client between the effective date of the Act and December 31, 2024; provide that after January 1, 2025, the professional employer organization shall report and pay all unemployment insurance fund contributions using the state employer identification number and contribution rate of the professional employer organization; amend KRS 336.250 to prohibit professional employer organizations from operating in Kentucky after July 15, 2024, without registering with the Department of Workers' Claims; provide that provisions in KRS 336.230 to 336.250 not amended in this Act are not changed; prohibit the Education and Labor Cabinet from requiring or enforcing certain reporting or payment for the period between July 14, 2022, and when this Act takes effect; EMERGENCY.

  CURRENT STATUS

2/7/2023 - (H) recommitted to committee House Appropriations & Revenue (H)

AMEND TRANSPORTATION CABINET BIENNIAL BUDGET
(PETRIE, JASON)

AN ACT amending the 2022-2024 Transportation Cabinet biennial budget, making an appropriation therefor, and declaring an emergency.

Amend the 2022-2024 Transportation Cabinet biennial budget to remove the $17,364,000 General Fund appropriation for the Electric Vehicle Charging Program in fiscal year 2022-2023; APPROPRIATION; EMERGENCY.

  CURRENT STATUS

1/6/2023 - (S) Referred to Committee Senate Appropriations & Revenue (S)

FAMILY CARE LEAVE
(STEVENSON, CHERLYNN)

AN ACT relating to family care leave.

Amend KRS 337.010 to define "family care leave," "family member," "health care provider," "same employer," and "serious health condition"; create a new section of KRS Chapter 337 to prohibit employers from refusing to grant a qualified an employee family care leave; entitle an employee to family care leave for the birth of a child or to take care of a family member and establish parameters.

  CURRENT STATUS

1/3/2023 - Introduced

FULL-DAY KINDERGARTEN
(TRUETT, TIMMY)

AN ACT relating to full-day kindergarten.

Amend KRS 158.060 to remove language that allows for half-day kindergarten programs; amend KRS 157.320, 157.360, and 158.030 to conform; EFFECTIVE July 1, 2024.

  CURRENT STATUS

2/9/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

DUAL CREDIT SCHOLARSHIPS
(TIPTON, JAMES)

AN ACT relating to dual credit scholarships.

Amend KRS 164.786 to increase the dual credit tuition rate ceiling amount; add eligibility for high school freshmen and sophomores; expand the scholarship to include two career and technical education courses in each year of high school and four general education or career and technical education courses in any combination over the junior and senior years; amend KRS 164.787 to delete the dual credit provisions from the Work Ready Kentucky Scholarship Program; effective July 1, 2024.

  CURRENT STATUS

2/22/2023 - (H) recommitted to committee House Appropriations & Revenue (H)

TRANSPORTATION CABINET
(BRIDGES, RANDY)

AN ACT relating to the Transportation Cabinet.

Amend KRS 186.412 to require the Transportation Cabinet to promulgate administrative regulations to establish procedures and forms to allow an individual without a fixed, permanent address to submit a form signed by a shelter, health care facility, or other social service agency attesting to the applicant's residence for the purpose of issuance of a renewal operator's license or an initial or renewal personal ID card and to allow use of the forms established by the cabinet to be used for application for a duplicate operator's license or personal identification card; amend KRS 186.4122 to allow a homeless minor over the age of 16 to apply for a personal identification card without a parent or guardian signature, and to retain current procedures for proving residency for homeless individuals obtaining a personal identification card until July 1, 2025, after which time these individuals will use cabinet forms; amend KRS 186.4123 to conform; amend KRS 186.531 to set the price of a personal identification card for an individual without a fixed, permanent address at $5, eliminate the fee schedule for operator's licenses and personal identification cards issued by circuit clerks, and allow the Transportation Cabinet to enter into billing arrangements with social service agencies for payment of client's fees; Section 1 EFFECTIVE July 1, 2025. Senate Committee Substitute (1) Retain original provisions; amend KRS 186.162 to require the Transportation Cabinet to produce motorcycle versions of all military-related special license plates identified in that section; subject applicants for these plates to the same fees as those for motor vehicles; EFFECTIVE January 1, 2024.

  CURRENT STATUS

4/7/2023 - SIGNED BY GOVERNOR; (Acts Ch. 185)

REGULATION OF CANNABIS
(ROBERTS, RACHEL)

AN ACT relating to the regulation of cannabis and making an appropriation therefor.

Establish KRS Chapter 245, relating to cannabis, to administer its cultivation, processing, transportation, sale, use, taxation, and licensing; define terms; establish the Cannabis Control Board and its membership, procedures, powers, and duties; direct the board to promulgate administrative regulations for the administration and enforcement of the chapter; set up advisory committees appointed by the board; create the Department of Cannabis Control within the Public Protection Cabinet for the oversight of cannabis operations and to provide administrative support for the board; establish various one-year business licenses under the chapter; grant administrative hearings under KRS Chapter 13B to appeal a license denial or revocation; forbid an employer from discriminating against applicants or employees who use cannabis outside of working hours as long as the use does not affect job performance; prohibit a person under the age of 21 from purchasing, possessing, consuming, or using cannabis; establish a revolving account called the "cannabis fund" to collect cannabis licensing fees, fines, excise taxes, and any other funds; form the Social Impact Council as a public agency authorized to distribute moneys from the cannabis fund; set council membership, procedures, powers, and duties; create new sections of KRS Chapter 138 to define terms; impose an excise tax at a rate set by the Cannabis Control Board on the first sale or transfer of harvested cannabis; establish excise tax reporting, collection, and liability; amend KRS 139.472 to exempt medical cannabis and accessories from sales and use taxes; create a new section of KRS Chapter 65 to authorize local governments to levy up to a 5% license fee on the gross receipts of a retailer or microbusiness; allow overlapping local governments to agree to levy a combined license fee, with set fee amounts absent an agreement; amend KRS 2.015 to require a person to be 21 years of age or older to purchase cannabis and its products and accessories; create new sections of KRS 218A and amend KRS 218A.1421, 218A.1422, 218A.1423, and 218A.500 to exempt licensed cannabis activities from criminal marijuana offenses; create a new section of KRS Chapter 431 to allow a person to petition the court to expunge the person's misdemeanor marijuana offenses; amend KRS 431.079 to exclude the expungement petition from the certification of eligibility requirement; amend KRS 131.1815 to notify the Cannabis Control Board if a cannabis licensee is a delinquent taxpayer; amend KRS 600.020 to include cannabis offenses in the list of juvenile status offenses; amend KRS 12.020 to add the governmental entities created in KRS Chapter 245 to the list of executive branch government bodies; set initial terms for members of the Cannabis Control Board and Social Impact Council; apply the excise tax beginning on July 1, 2024, and allow cannabis sales beginning on July 1, 2025; Section 31 of Act RETROACTIVE; APPROPRIATION.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

PUBLIC SCHOOL FACILITIES
(WESLEY, BILL)

AN ACT relating to public school facilities and declaring an emergency.

Create new sections of KRS Chapter 158 to define terms; establish legislative findings; ensure that student privacy exists in school restrooms, locker rooms, and shower rooms; require students born male to use only those facilities designated to be used by males and students born female to use only those facilities designated to be used by females; require schools to provide the best available accommodation to students who assert that their gender is different from their biological sex; identify consequences for using facilities designated for the opposite biological sex; EMERGENCY.

  CURRENT STATUS

1/3/2023 - Introduced

CLASSIFIED SCHOOL STAFF
(PRATT, PHILLIP)

AN ACT relating to classified school staff and declaring an emergency.

Amend KRS 161.011 to allow for the hiring of classified personnel without a high school diploma or equivalent if the district provides the employee the opportunity to obtain a high school equivalency diploma at no cost to the employee; allow licenses or credentials issued by a government entity to substitute. House Committee Substitute (1) Retain original provisions; EMERGENCY.

  CURRENT STATUS

3/22/2023 - SIGNED BY GOVERNOR; (Acts Ch. 68)

INNOVATIVE TEACHER EDUCATION GRANT PROGRAM
(TIPTON, JAMES)

AN ACT relating to the Innovative Teacher Education Grant Program, making an appropriation therefor, and declaring an emergency.

Create a new section of KRS Chapter 164 to establish the Innovative Teacher Education Grant Program for school years 2024 through 2026; require the Council on Postsecondary Education to administer the grant program; require the council to create a process for awarding grants; require the council to report to the Interim Joint Committee on Education by December 1, 2025, an evaluation of implementation; establish requirements for Kentucky colleges and universities to participate in the program; provide that the Act may be cited as the Innovative Teacher Education Act; APPROPRIATION; EMERGENCY.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

LOCAL REGULATORY ACTIONS
(RAYMOND, JOSIE)

AN ACT relating to local regulatory actions.

Create a new section of KRS Chapter 82 to define "city," "project labor agreement," and "public construction project"; permit a city to establish a mandatory preference for awarding public construction project contracts to unions through a negotiated project labor agreement; permit cities to negotiate wages that are higher than the state or federal minimum wage as a condition of the project labor agreement; create a new section in KRS Chapter 337 to define "city," "prevailing wage," "prevailing wage rate," and "public works project"; permit a city to enact prevailing wage ordinances; amend KRS 65.016 to grant local governments the authority to adopt and enforce ordinances that require employers in their jurisdiction to provide leave to employees and set a higher minimum wage than state and federal rates; amend KRS 65.870 to remove state preemption of local firearms regulations and allow local governments to enact ordinances regulating firearms; amend KRS 237.115 to conform; amend KRS 383.210 and 383.215, relating to forcible entry and detainer, to allow a local government to set an alternative time period from the date of the service of the warrant and the date of the hearing to more than the minimum of three days; require the local government to notify the sheriff, the court of jurisdiction, and the administrative office of the courts of that action.

  CURRENT STATUS

1/3/2023 - Introduced

PRESCHOOL AND KINDERGARTEN EDUCATION
(RAYMOND, JOSIE)

AN ACT relating to preschool and kindergarten education.

Amend KRS 157.3175 to require school districts provide a full-day preschool program for eligible three and four year olds; define "eligible"; require that preschool for three year old children continue to be funded through a grant process and preschool programs for four year old children be funded under KRS 157.310 to 157.440; require preschool programs to operate on the school district calendar; require transportation be provided; amend KRS 158.031 to include preschool programs for four year old children in the primary school program; amend KRS 157.320 to remove the definition of "kindergarten full-time equivalent pupil in average daily attendance"; amend KRS 157.360 to remove a reference to the kindergarten full-time equivalent; amend KRS 158.030 to include a preschool program for four year old children in the definition of "common school"; remove language allowing kindergarten to operate for less than six hours on a school day.

  CURRENT STATUS

2/24/2023 - floor amendment (1) filed

PASS-THROUGH ENTITY TAX
(FLEMING, KEN)

AN ACT relating to pass-through entity tax.

Create a new section of KRS Chapter 141 to allow a pass-through entity to pay the income tax due at the entity level based on tax rate established in KRS 141.020; amend KRS 141.019 to allow the applicable partners, members, or shareholders to exclude the income from the pass-through entity to avoid double taxation.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

ADMINISTRATIVE REGULATIONS
(LEWIS, DEREK)

AN ACT relating to administrative regulations and declaring an emergency.

Amend KRS 13A.330, relating to administrative regulation deficiency findings, to grant an administrative body 10 days to appeal a legislative committee's deficiency finding to the Attorney General; allow the Attorney General 20 days after receipt of the appeal to uphold or overrule the deficiency finding; withdraw or nullify a regulation automatically if the appeal is not filed or the deficiency finding is upheld; authorize the Governor to act on the regulation if the deficiency finding is overruled; prohibit an administrative body from promulgating an identical or substantially similar regulation for at least one year after a deficiency finding was upheld; amend KRS 13A.190, 13A.315, 13A.335, 13A.336, and 15.020 to conform; EMERGENCY.

  CURRENT STATUS

3/13/2023 - (H) recommitted to committee House Appropriations & Revenue (H)

SALES AND USE TAX
(FLEMING, KEN)

AN ACT relating to sales and use tax on marketing services.

Amend KRS 139.200 to exempt marketing services from the taxable list of services; amend KRS 139.010, 139.202, 139.260, 139.310, 139.340, and 139.470 to conform; EFFECTIVE July 1, 2023.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

ECONOMIC FISCAL MATTERS
(FLEMING, KEN)

AN ACT relating to economic fiscal matters.

Create new sections of KRS Chapter 7A to establish the Tax Expenditure and Economic Development Incentive Review Board and specify the board's membership, authority, powers and duties; establish requirements for board meetings; establish requirements for when the General Assembly enacts new tax expenditures or economic development incentives; require agencies to assign taxpayers a unique number for purposes of reporting tax expenditures and economic development incentives; amend KRS 11.068 to require the annual production of a detailed estimate of the revenue loss resulting from each tax expenditure and economic development incentive from the general fund and road fund; amend KRS 131.020 to require the Department of Revenue to collect, report, and provide data to the Tax Expenditure and Economic Development Incentive Review Board; amend KRS 131.190 to allow the Department of Revenue to provide confidential data to the Tax Expenditure and Economic Development Incentive Review Board.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

DEPRECIATION
(FLEMING, KEN)

AN ACT relating to depreciation.

Amend KRS 141.0101 to update the expense deduction on property placed in service on or after January 1, 2023, to be the same as Section 179 of the Internal Revenue Code in effect on December 31, 2022, except the phase-out provision shall not apply.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

CANNABIS
(KULKARNI, NIMA)

AN ACT relating to cannabis.

Create a new section of KRS Chapter 218A to make possession of a personal use quantity of cannabis exempt from civil or criminal penalty; amend KRS 218A.010 to define "cannabis," "personal use quantity of cannabis," and "cannabis accessory"; amend KRS 218A.1422 regarding cannabis possession to conform; amend KRS 218A.1423 regarding cannabis cultivation to conform; amend KRS 218A.500 regarding drug paraphernalia to exempt personal use cannabis accessories; amend KRS 218A.1421 on cannabis trafficking to exempt personal use quantities; amend KRS 138.872 to exclude personal use quantities from cannabis stamp tax; amend KRS 218A.410 and 533.030 to conform; create a new section of KRS Chapter 431 to allow expungement of certain convictions relating to cannabis; apply Section 10 retroactively.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

AMEND CONSTITUTION OF KENTUCKY RELATING TO POSSESSION OF CANNABIS
(KULKARNI, NIMA)

AN ACT proposing to create a new section of the Constitution of Kentucky relating to the possession of cannabis.

Propose to create a new section of the Kentucky Constitution to guarantee the right of an individual 21 years of age or older to possess, use, buy, or sell one ounce or less of cannabis and to cultivate, harvest, and store up to 5 cannabis plants for personal use; and for the production, processing, and sale of cannabis and cannabis-derived products to be controlled by the General Assembly; specify the question to be printed on the ballot; direct the Secretary of State to publish the proposed amendment in a newspaper of general circulation; direct the Secretary of State to certify the proposed amendment to the county clerk of each county.

  CURRENT STATUS

1/3/2023 - Introduced

RIGHT TO REFUSE MEDICAL TREATMENT
(RAWLINGS, STEVE)

AN ACT relating to the right to refuse medical treatment.

Create a new section of KRS Chapter 311 to recognize a competent adult's right to bodily autonomy and inherent and absolute right to refuse medical treatment; prohibit any person, employer, entity, or health care provider from mandating medical treatment.

  CURRENT STATUS

1/3/2023 - Introduced

MEDICAL ETHICS
(RAWLINGS, STEVE)

AN ACT relating to protecting the exercise of medical ethics within the medical profession.

Create new sections of KRS Chapter 344 to define terms; prohibit discrimination against medical care providers who decline to perform procedures that violate their conscience; grant providers the right not to participate in or pay for services that violate their conscience; exempt providers from liability for exercising these rights; establish a civil cause of action for persons injured by violations of these provisions; EMERGENCY.

  CURRENT STATUS

1/3/2023 - Introduced

PUBLIC UTILITES
(WILLNER, LISA)

AN ACT relating to public utilities.

Create a new section of KRS Chapter 278 to create winter and summer temperature standards for disconnection of service by retail electric and gas utilities; allow resumption of disconnection only after a 72-hour period during which the temperature standard is exceeded; establish a certificate of need for persons who are at risk if utility service is disconnected that can be provided by a physician, physician assistant, community-based service organization, or faith-based service organization; prohibit disconnection of service on holidays and weekends and before 8 a.m. and after 5 p.m. on weekdays; allow for reconnection of service for partial payment with a payment plan; require waiver of termination fees, reconnection fees, and late fees for customers having obtained a certificate of need; require utility to make reasonable effort towards reestablishing service for a customer terminated after having obtained a certificate of need but no more than 24 hours after repayment is commenced; require separate, written notice 14 days prior to a disconnection to residential household; require that notice be distinguishable from the regular billing notices; establish font size and typeset for material to be printed on the notice; require a hardship reconnection order for persons at risk who have had service terminated by the utility after meeting specific repayment requirements; require the Public Service Commission to issue an order setting forth any applicable rules and procedures.

  CURRENT STATUS

1/3/2023 - Introduced

EARNED PAID SICK LEAVE
(STEVENSON, CHERLYNN)

AN ACT relating to earned paid sick leave.

Create a new section of KRS Chapter 337 to require employers to provide earned paid sick leave to employees; provide that employees earn paid sick leave upon the date of hire and can use the leave after being employed for 90 days; set forth allowable uses of accrued earned paid sick leave; designate how notice of need to use earned paid sick leave is provided by employees; amend KRS 337.990 to establish the penalty for employers that fail to follow earned paid sick leave requirements.

  CURRENT STATUS

1/3/2023 - Introduced

AUTOMATED MOTOR VEHICLE SPEED ENFORCEMENT
(ROARX, RACHEL)

AN ACT relating to automated motor vehicle speed enforcement.

Create new sections of KRS Chapter 189 to define terms; establish the standards of operation of automated speed enforcement and traffic control signal monitoring systems and the implementation of a civil penalty for violation of KRS 189.390 and 189.231(2); provide legal defenses for violations recorded by automated speed enforcement and traffic control signal monitoring systems; establish procedure for the District Court upon refusal to pay the civil penalty and establish that there shall be no points added to the owner's driving record for violations; amend KRS 189.231 to establish a civil penalty for not following instructions of a traffic control device recorded by a traffic control signal monitoring system; amend KRS 189.390 to establish a civil penalty for violation of a speed limit recorded by an automated speed enforcement system; amend KRS 189.394 to allow for a civil penalty to be charged when the violation is recorded by an automated speed enforcement system; amend KRS 189.990 to establish a civil penalty for violation of KRS 189.231(2).

  CURRENT STATUS

1/4/2023 - Introduced

WATER FLUORIDATION PROGRAMS
(HART, MARK)

AN ACT relating to water fluoridation programs.

Amend KRS 211.190 to make water fluoridation programs optional; allow the governing bodies of water systems subject to regulation by the Cabinet for Health and Family Services to decide whether they participate in water fluoridation programs; provide that a water fluoridation program in place on the effective date of the Act continues until action is taken by its governing body to end its participation; provide that any decision regarding participation in a water fluoridation program made by the governing body of a water system shall be binding on all water systems it supplies.

  CURRENT STATUS

2/21/2023 - (H) Referred to Committee House State Government (H)

HOSPITAL RATE IMPROVEMENT PROGRAMS
(REED, BRANDON)

AN ACT relating to hospital rate improvement programs and declaring an emergency.

Amend KRS 205.6405, relating to hospital rate improvement programs, to redefine "managed care gap" and "qualifying hospital"; amend KRS 205.6406, relating to hospital rate improvement programs, to add inpatient services and include add-on amounts to the calculation of payments; modify the formula for the calculation of payments; provide that certain payments made under the programs do not count against any spending or appropriation limits; permit the Department for Medicaid Services to create a program to increase outpatient reimbursement within the Medicaid fee-for-service program; direct the Cabinet for Health and Family Services to request any necessary state plan amendment, waiver, or other authorization from a federal agency; RETROACTIVE; EMERGENCY. House Committee Substitute (1) Retain original provisions; delete provisions relating to payments counting against spending limits.

  CURRENT STATUS

3/20/2023 - SIGNED BY GOVERNOR; (Acts Ch. 21)

DAYLIGHT SAVING TIME
(REED, BRANDON)

AN ACT relating to Daylight Saving Time.

Create a new section of KRS Chapter 2 to establish year-round Daylight Saving Time in the state of Kentucky if authorized by the United States Congress.

  CURRENT STATUS

2/16/2023 - (H) Referred to Committee House Agriculture (H)

JUDGMENT LIENS
(FLANNERY, PATRICK)

AN ACT relating to interests in property.

Amend KRS 426.720 to require judgment lien notices to contain the date of final judgment; establish expiration dates for judgment liens; provide that a judgment lien expiration may be postponed under certain circumstances. House Committee Substitute (1) Retain original provisions; establish a procedure to renew a judgment lien for five years; extend the time for the notice filing requirement of the judgment creditor from five days to ten days when filing an action to enforce a judgment lien; amend KRS 65.032 to extend the time for county clerks to provide and maintain the portal for electronically filed recorded instruments from June 30, 2023, to January 1, 2024; amend KRS 389A.010 to establish that a conveyance or mortgage of real estate made in contravention of the statutory provisions regarding finality of a judicial determination is voidable instead of null and void; amend KRS 376.010 to establish a mechanism for protection for owners and lessors of leased property from liens arising from work performed through a contract with the lessee when the lessee is prohibited from entering into such an agreement by the lease; require the filing of notice documents with the county clerk to apprise the prospective provider of labor or materials; define and exclude multifamily residential rental units from the filing of notice documents with the county clerk to apprise the prospective provider of labor or materials and the protections provided by the filing; amend KRS 371.325 to conform. RETROACTIVE. Senate Committee Substitute (1) Retain original provisions, except remove the requirement of the filing of notice documents with the county clerk to apprise a prospective provider of labor or materials of a lease agreement prohibiting a lessee from entering into a contract for services; establish the protections afforded to the parties relating to the providing of labor or materials required to apply to leases and agreements entered into after the effective date of the Act.

  CURRENT STATUS

4/6/2023 - SIGNED BY GOVERNOR; (Acts Ch. 177)

EDUCATIONAL EXCELLENCE SCHOLARSHIPS
(LAWRENCE, WILLIAM)

AN ACT relating to Kentucky educational excellence scholarships.

Amend KRS 164.7884 to define "proprietary school" and "qualified proprietary school program" and allow use of KEES funds for enrollment in a qualified proprietary school program; amend KRS 165.7879 to allow a student who attends an out-of-state high school or Department of Defense school due to a parent's military transfer to earn a KEES award if the student earned a base amount in a previous year at a Kentucky high school.

  CURRENT STATUS

2/22/2023 - (H) recommitted to committee House Appropriations & Revenue (H)

COMMUNITY RESTORATION TAX CREDIT
(LAWRENCE, WILLIAM)

AN ACT relating to the community restoration tax credit.

Create a new section of KRS Chapter 141 to establish the community restoration credit for taxable years beginning on or after January 1, 2024, but before January 1, 2028, for financial institutions making loans to a community development financial institution; establish the annual credit cap at $20 million; require the Department of Revenue to report tax credit data to the Interim Joint Committee on Appropriations and Revenue; amend KRS 141.0205 to order the credit; amend KRS 131.190 to allow the Legislative Research Commission to receive confidential data about the new tax credit from the Department of Revenue.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

FUNDING FOR EDUCATION INITIATIVES
(GRAHAM, DERRICK)

AN ACT relating to fiscal matters providing funding for education initiatives, making an appropriation therefor, and declaring an emergency.

Appropriate General Fund moneys for a salary supplement for all full-time school district employees; appropriate General Fund moneys to provide for universal preschool for all four-year-olds; appropriate General Fund moneys to provide funding for professional development for educators; appropriate General Fund moneys for textbooks and instructional resources; appropriate General Fund moneys to address social emotional learning and mental health for students and school staff; appropriate Restricted Funds to provide a student loan forgiveness program for teachers certified by the Kentucky Education Professional Standards Board and employed by Kentucky public schools; APPROPRIATION; EMERGENCY.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

WORKFORCE DEVELOPMENT
(GRAHAM, DERRICK)

AN ACT relating to workforce development and making an appropriation therefor.

Appropriate General Fund moneys to support the Kentucky Chamber of Commerce's Talent Pipeline Management Program; APPROPRIATION.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

HEALTH MANDATES IN EDUCATIONAL SETTINGS
(CALLOWAY, JOSH)

AN ACT relating to health mandates in educational settings and declaring an emergency.

Create a new section of KRS Chapter 158 to require that a parent or guardian be permitted to opt a student of any public school requirement for medical devices and procedures, and treatments; provide that the parent or guardian shall not be required to submit any documentation or certification to opt out; provide that nothing in the section shall be interpreted to contradict KRS 158.035; create a new section of KRS Chapter164 to provide that postsecondary education institutions may not require individuals to use medical devices or submit to medical procedures and treatments in response to the COVID-19 pandemic on property not used for the delivery of medical services; provide that a postsecondary education institution may implement a requirement for facial coverings that is not responsive to the COVID-19 pandemic; EMERGENCY.

  CURRENT STATUS

1/4/2023 - Introduced

UNEMPLOYMENT INSURANCE
(KULKARNI, NIMA)

AN ACT relating to unemployment insurance.

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

  CURRENT STATUS

1/4/2023 - Introduced

SOIL CONSERVATION
(KULKARNI, NIMA)

AN ACT relating to soil conservation and making an appropriation therefor.

Create new sections of KRS Chapter 262 to establish a Healthy Soils Program and a Healthy Soils Program fund in the Department for Natural Resources, Division of Conservation; require the department to provide technical advice and assistance and to assist with soil health assessments and soil health plans; require the commissioner to approve applications for grants and other types of financial assistance under the Healthy Soils Program; authorize the department to promulgate administrative regulations to implement the Healthy Soils Program and the Healthy Soils Program fund; amend KRS 146.100 to require the director of the Division of Conservation to have experience in healthy soil practices; amend KRS 224.71-110 to require the Agriculture Water Quality Authority to promote soil restoration and include an organic agriculture organization among appointments to the authority and add healthy soil practices as a committee; amend KRS 262.010 to define "healthy soil practices," "soil health," "soil health assessment, "and "watershed health"; amend KRS 262.020 to add restoration, biological diversity, watershed health, and healthy soil practices to the purpose of soil and water conservation districts; amend KRS 262.748 and 262.778 to conform; APPROPRIATION.

  CURRENT STATUS

1/4/2023 - Introduced

AMEND CONSTITUTUION OF KENTUCKY RELATING TO VOTING RIGHTS
(HERRON, KETURAH)

AN ACT proposing an amendment to Section 145 of the Constitution of Kentucky relating to voting rights.

Propose to amend Section 145 of the Constitution of Kentucky to automatically restore the voting rights of persons convicted of certain felonies upon completion of their imprisonment, probation, or parole and automatically restore their civil rights five years after completion of their imprisonment, probation, or parole; provide ballot language; submit to voters for ratification or rejection.

  CURRENT STATUS

1/4/2023 - Introduced

STUDENT COVID-19 VACCINE REQUIREMENTS
(MCPHERSON, SHAWN)

AN ACT relating to student COVID-19 vaccine requirements.

Amend KRS 156.160 to prohibit administrative regulations of the Kentucky Board of Education from requiring students to receive the COVID-19 vaccine in order to attend school. House Committee Substitute (1) Delete original provisions; create a new section of Chapter 214 requiring that no person, entity, corporation, company, organization, or government agency, public or private, be able to force a child to receive a COVID-19 vaccination.

  CURRENT STATUS

3/16/2023 - (S) Referred to Committee Senate Families & Children (S)

WAGERING
(GRAHAM, DERRICK)

AN ACT relating to wagering and making an appropriation therefor.

Establish KRS Chapter 239 and create new sections to define “adjusted gross revenue,” “beginner,” “cabinet," “confidential information,” “entry fee,” “fantasy contest,” “fantasy contest operator," “fantasy contest participant," “highly experienced player,” “immediate family,” “location percentage,” “net poker revenue,” “online poker,” “person,” “principal stockholder,” “rake,” “registered fantasy contest operator,” “script,” “secretary,” and “wager”; establish requirements for registration as a fantasy contest operator; require the Public Protection Cabinet to promulgate administrative regulations for the operation of fantasy contests; establish the wagering administration fund and direct the uses of that fund; require an annual audit of fantasy contest registrants; establish requirements for fantasy contest procedures; require any person offering online poker in the Commonwealth to have a license from the cabinet and require the cabinet to promulgate administrative regulations prescribing requirements for licensure including geolocation software, age verification, and security and accounting standards; amend KRS 230.210 to define "sports wagering"; create new sections of KRS Chapter 230 to require the racing commission to institute a system of sports wagering at tracks; limit the types of events upon which wagers may be placed; amend KRS 230.215 to declare the intent to allow citizens to enjoy sports wagering and allow the racing commission to promulgate administrative regulations prescribing conditions under which sports wagering is to be conducted; amend KRS 230.225, 230.240, and 230.260 to include sports wagering; create a new section of KRS Chapter 230 to establish sports wagering licensure requirements; amend KRS 230.320 to conform; amend KRS 230.361 to include sports wagering; amend KRS 230.3615 to conform; create a new section of KRS Chapter 138 to define “adjusted gross income” and impose a tax on sports wagering; amend KRS 230.362, 230.363, 230.364, 230.365, 230.366, 230.369, 230.371, 230.372, 230.373, 230.374, and 230.750 to conform; create a new section of KRS Chapter 230 to prohibit participants from wagering on events in which they participate and to prohibit tampering with the outcome of a sporting event; amend KRS 230.990 to provide penalties for participants who wager on sporting events or tamper with the outcome of a sporting event; amend KRS 243.500 to exempt sports wagering and online poker; amend KRS 525.090 to exempt sports wagering; amend KRS 528.010 to exempt fantasy contests, sports wagering, and online poker and the devices used in the conduct of those forms of wagering; amend KRS 528.020, 528.070, and 528.080 to exempt fantasy contests, sports wagering, and online poker; create a noncodified section to assert that the provisions of the Act are severable; APPROPRIATION.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

MEDICINAL CANNABIS
(GRAHAM, DERRICK)

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

Create new sections of KRS Chapter 218A to define terms and establish a medicinal cannabis program; amend KRS 342.815 to establish that the Employer’s Mutual Insurance Authority shall not be required to provide coverage to an employer if doing so would subject the authority to a violation of state or federal law; amend KRS 139.470 to exempt the sale of medical cannabis from the state sales tax; amend KRS 138.870 to exempt medicinal cannabis from the excise tax on controlled substances; amend KRS 216B.402 to require hospital emergency departments to report cases of cannabinoid hyperemesis syndrome to the Department for Public Health; amend KRS 218A.010, 218A.1421, 218A.1422, 218A.1423, and 218A.500 to conform; amend KRS 12.020 to reestablish the Department for Alcoholic Beverage Control as the Department for Alcoholic Beverage and Cannabis Control; amend KRS 12.252, 15.300, 15.380, 15.398, 15.420, 15A.340, 61.592, 62.160, 131.1815, 211.285, 241.010, 241.015, 241.030, 243.025, 243.0307, 243.038, 243.090, 243.360, 438.310, 438.311, 438.313, 438.315, 438.317, 438.320, 438.325, 438.330, 438.337, and 438.340 to conform; appropriate $1,500,000 in fiscal year 2022-2023 for the creation of the Division of Medicinal Cannabis and the Division of Alcohol and Cannabis Enforcement; some sections EFFECTIVE July 1, 2023; APPROPRIATION.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

IMMUNIZATION EXCEPTIONS
(BAKER, SHANE)

AN ACT relating to immunization exceptions.

Amend KRS 214.036 to add conscientiously held beliefs to the list of exceptions to immunization requirements.

  CURRENT STATUS

1/5/2023 - Introduced

SOIL AND WATER CONSERVATION
(RABOURN, FELICIA)

AN ACT relating to soil and water conservation.

Amend KRS 146.090 to allow the Kentucky Association of Conservation Districts to submit names of nominees; amend KRS 262.210 to require candidates after the effective date of this Act to be at least 21 years of age; amend KRS 262.240 to require a supervisor to be at least 21 years of age; include noncodified section to express the intent of the General Assembly that district supervisors serve terms as elected by residents of the district and shall not be replaced until a successor is elected and candidates for supervisor of a conservation district shall be at least 21 years of age upon the effective date of this Act. House Committee Substitute (1) Retain original provisions; amend the minimum age for the supervisor of a conservation district to 18 years of age; remove outdated election language in KRS 262.240.

  CURRENT STATUS

3/7/2023 - (S) Referred to Committee Senate Appropriations & Revenue (S)

CHILDREN’S HEALTH
(MADDOX, SAVANNAH)

AN ACT relating to children's health.

Create new sections of KRS Chapter 311 to prohibit the provision of or referral for gender transition procedures to any child under the age of 18 years; define a violation as unprofessional conduct and acting recklessly for purposes of tort claims; permit an action on a violation to be taken by the parent or guardian of the child before the child attains the age of 18 years and by the child within 30 years of the child attaining the age of 18 years, with exceptions under which the time may be longer; require conditions for actions and damages; prohibit public funds to be used for the provision of or referral for gender transition procedures to a child under the age of 18 years; prohibit health care services provided under state, local, or county government to include gender transition procedures to a child under the age of 18 years; prohibit tax exemption for gender transition procedures; prohibit a person or entity from aiding or abetting the performance or inducement of gender transition procedures to a child under the age of 18 years, but exempt speech protected by the First Amendment to the Constitution of the United States and exempt a parent of such child; permit the Attorney General to bring action to enforce provisions; permit members of the General Assembly to intervene as a matter of right if these provisions are challenged; create a new section of KRS Chapter 205 to prohibit Medicaid coverage of gender transition procedures for a child under the age of 18 years; create a new section of Subtitle 17A of KRS Chapter 304 to prohibit health benefit plan coverage, including federal government health plans, for gender transition procedures for a child under the age of 18 years and any requirement for coverage of gender transition procedures; amend KRS 141.019 and 141.039 to prohibit tax exemption for gender transition procedures; establish a short title of Kentucky's Children Deserve Help Not Harm Act; EFFECTIVE January 1, 2024.

  CURRENT STATUS

1/5/2023 - Introduced

WORKERS’ COMPENSATION
(TACKETT LAFERTY, ASHLEY)

AN ACT relating to workers' compensation.

Amend KRS 342.315 to eliminate the requirement that physicians contracting with the commissioner of the Department of Workers' Claims to perform evaluations in occupational disease claims be "B" readers who are licensed in Kentucky and are board-certified pulmonary specialists; amend KRS 342.316 to allow the commissioner to select a physician or medical facility for referral in occupational disease claims and eliminate the requirement that such physicians be "B" readers who are licensed in Kentucky and are board-certified pulmonary specialists; amend KRS 342.794 to delete the definition of "board-certified pulmonary specialist" and eliminate the requirement that physicians on the list of qualified "B" readers maintained by the commissioner include only those licensed in Kentucky and board-certified pulmonary specialists.

  CURRENT STATUS

1/5/2023 - Introduced

LIMITED LIABILITY ENTITY TAX
(FLANNERY, PATRICK)

AN ACT relating to the limited liability entity tax.

Amend KRS 141.0401 to prevent entities doing business in Kentucky with gross receipts of less than $100,000 from paying the limited liability entity tax for taxable years beginning on or after January 1, 2024.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

SOIL AND WATER CONSERVATION
(NEIGHBORS, AMY)

AN ACT relating to soil and water conservation.

Amend KRS 262.330 to include heavy or specialized equipment acquired by the Soil and Water Conservation Commission with the types of equipment that the board of a conservation district may make available or lease to landowners and occupiers within the district; allow the equipment to be used on the lessee's or renter's land or on the lands of others; provide that the purposes of the heavy or specialized equipment are for conserving soil resources, preventing soil erosion, and the conservation and protection of water resources related to those purposes; amend KRS 262.610 to require that all heavy or specialized equipment purchased or made available be used to conserve soil resources, prevent and control soil erosion, and conserve and protect water resources related to those purposes; allow a conservation district to apply jointly with a person residing in the district to the Soil and Water Conservation Commission to acquire heavy or specialized equipment; prohibit the joint application by conservation districts and persons for the acquisition of infrastructure; amend KRS 262.620 and 262.630 to conform; amend KRS 262.660 to require the Soil and Water Conservation Commission on or before January 1, 2024, to promulgate administrative regulations that set forth the form and manner in which a person and a conservation district may jointly request the acquisition of heavy or specialized equipment, the terms of loans for heavy or specialized equipment that the commission makes available to districts for lease to persons within those districts, the terms of the lease agreements between districts and persons in those district for use of the heavy or specialized equipment, and the proportions of time that the equipment shall be used on the lessee's or renter's lands and on the lands of others; require lease agreements to allow lessees to use the heavy or specialized equipment outside of their own lands, and with prior approval of the board of the leasing district, on lands outside of their districts. Senate Committee Substitute (1) Retain original provisions; amend KRS 146.090 to allow the Kentucky Association of Conservation Districts to submit names of nominees; amend KRS 262.210 to require candidates after the effective date of this Act to be at least 18 years of age; amend KRS 262.240 to remove outdated language and require a supervisor to be at least 18 years of age; include a noncodified section to express the intent of the General Assembly that district supervisors serve terms as elected by residents of the district and are prohibited from being replaced until a successor is elected, and candidates for supervisor of a conservation district are required to be at least 18 years of age upon the effective date of this Act.

  CURRENT STATUS

3/17/2023 - SIGNED BY GOVERNOR; (Acts Ch. 10)

PUBLIC CHARTER SCHOOLS
(BOJANOWSKI, TINA)

AN ACT relating to public charter schools.

Amend KRS 160.1590 to require education service providers to be nonprofit entities; require wait lists after student admission lotteries; provide that a subsequent mayor or chief executive officer may terminate a previously approved charter contract; amend KRS 160.1591 to limit the number of public charter schools to five unless waived by the General Assembly; forbid the use of financial incentives to induce a student to enroll or apply to enroll in a public charter school; make conforming changes; amend KRS 160.1592 to forbid a public charter school from entering into a contract with a for-profit organization for educational design, implementation, or comprehensive management; forbid public charter schools from charging fines or fees that are different from those charged by other public schools; establish a wait list process for students not selected in the admission lottery; require board of directors members to be residents of the school district in which the public charter school is located; require at least 75% of the board of directors to be elected by the residents of the school district of location and set the terms and conditions of that election; require the board of directors to submit the name of any education service provider the board has contracted with and the associated contracts to the Kentucky Department of Education for publication; amend KRS 160.1593 to require a charter application to include a plan for the election and composition of the board of directors and a statement detailing the potential operational and financial impact the proposed public charter school will have on the district of location; amend KRS 160.1594 to require a public charter school authorizer to collect student withdrawal and disciplinary data and make a report; amend KRS 160.1596 to remove any locally raised revenues from funds to be transferred from a school district to a public charter school; require any add-on or funding factor for special education to be split between a local district and a public charter school when a student has attended both during the school year; cap the authorizer fee to 1% of funds transferred or the actual prior year's authorizer costs, whichever is less; amend KRS 160.1597 to limit the length of a charter contract to three years; amend KRS 160.1598 to conform; and amend KRS 160.1599 to establish a process to revert a conversion public charter school back to the school district.

  CURRENT STATUS

1/6/2023 - Introduced

KENTUCKY EDUCATIONAL EXCELLENCE SCHOLARSHIPS
(BRATCHER, STEVE)

AN ACT relating to Kentucky educational excellence scholarships.

Amend KRS 164.7884 to allow KEES to be used for a workforce solutions training program offered by the Kentucky Community and Technical College System and approved by the authority; define approved workforce solutions training program.

  CURRENT STATUS

2/22/2023 - (H) recommitted to committee House Appropriations & Revenue (H)

AUTONOMOUS VEHICLES
(BRAY, JOSH)

AN ACT relating to autonomous vehicles.

Create various sections of KRS Chapter 186 to establish a regulatory framework for the operation of fully autonomous vehicles on public highways; define terms; establish requirements for autonomous vehicles and automated driving systems; require submission of a law enforcement interaction plan with the Transportation Cabinet; establish requirements for proof of insurance or self-insurance in amounts identical to current levels for personal and commercial motor vehicles; require titling and registration of fully autonomous vehicles; establish the Transportation Cabinet as the sole agency responsible for administering statutes and regulations regarding fully autonomous vehicles; amend KRS 65.873 to prohibit any unit of local government from prohibiting the operation of fully autonomous vehicles or establishing rules or ordinances that are specific to the operation of fully autonomous vehicles; amend KRS 186.410 to establish that when an automated driving system is installed and engaged on a motor vehicle, the automated driving system is considered to be the operator of the vehicle and licensed to operate the vehicle; create a new section of KRS Chapter 189 to exempt fully autonomous vehicles designed to be operated exclusively by an automated driving system from any vehicle equipment requirements of KRS 189.020 to KRS 189.205 that relate to vehicle operation by a human driver; amend KRS 189.635 to establish responsibility for the filing of accident reports and notification of law enforcement after accidents involving fully autonomous vehicles; amend KRS 281.010 to define terms relating to the operation of fully autonomous vehicles as motor carriers; amend KRS 281.630 to establish that any administrative regulations promulgated by the department that apply only to a human driver shall not apply to a fully autonomous vehicle; amend KRS 281.764 to require only the lead vehicle in a truck platoon to have a human driver behind the wheel of their vehicle. House Committee Substitute (1) Retain provisions of the original bill with the following exceptions: define "public agency"; require that a law enforcement interaction plan be submitted to the Department of Kentucky State Police and clarify required elements of the plan; increase minimum insurance requirement for noncommercial fully autonomous vehicles to $1 million for death or bodily injury and property damage; include automated driving systems regarding limits on the Transportation Cabinet's regulatory authority; delete Section 8 and insert a new section of KRS Chapter 186 to set limits on the regulatory authority of local governments in regard to the operation of fully autonomous vehicles; amend KRS 186.410 to establish that the owner of a fully autonomous vehicles shall be considered the operator of the vehicle for the purpose of assessing compliance with traffic or motor vehicle laws; amend KRS 281.655 to establish minimum insurance requirement for fully autonomous vehicles operated under a certificate issued under KRS Chapter 281 of $1 million for death or bodily injury and property damage. House Floor Amendment (2) Clarify that the owner of an autonomous vehicle is required to comply with all applicable traffic and motor vehicle laws, regardless of whether the owner is in the vehicle.

  CURRENT STATUS

4/10/2023 - VETOED BY GOVERNOR

PUBLIC POSTSECONDARY EDUCATION INSTITUTIONS
(LAWRENCE, WILLIAM)

AN ACT relating to public postsecondary education institutions.

Amend KRS 164.020 to prohibit the Council on Postsecondary Education from raising tuition for a postsecondary education institution more than 5% a year for resident students and 7% a year for nonresident students; provide a 4-year tuition freeze for an enrolled resident students; require an institution to notify a student before expiration of a tuition freeze; require any increase to tuition or fees to be approved before March 1 of the proceeding school year; amend KRS 164.131 to add 2 additional full-time student members to the University of Kentucky Board of Trustees, including 1 graduate student; remove language regarding initial appointments; amend KRS 164.821 to add a second faculty member to the University of Louisville Board of Trustees; add 2 additional full-time student members to the University of Louisville Board of Trustees, including 1 graduate student; remove language regarding initial appointments; amend KRS 164.321 to add a second faculty member to the boards of regents of comprehensive universities; add 2 additional full-time student members to the boards of regents, including 1 full-time graduate student; remove language regarding initial appointments; amend KRS 164.7874 to require a private postsecondary institution to have a voting student member on its governing board to be a participating institution for purposes of KEES eligibility; provide that the bill may be cited as the Kentucky Student Tuition Protection and Accountability Act; EFFECTIVE JULY 1, 2025.

  CURRENT STATUS

1/6/2023 - Introduced

IMMUNIZATION POLICY
(MADDOX, SAVANNAH)

AN ACT relating to immunization policy.

Create a new section in KRS Chapter 164 to allow a student, staff, or faculty member to opt out of a postsecondary school's immunization policy for specific reasons; create a new section of KRS Chapter 214 to prohibit a public entity from creating standardized documentation with the purpose of certifying vaccination status; create a new section of KRS Chapter 336 to require written notice of vaccination exemptions for a sincerely held religious belief or medical contraindication; establish which health care providers can support a medical exemption; require notice of federal mandates and exemptions; establish civil cause of action for violations; amend KRS 214.015 to prohibit the Department for Public Health from releasing personally identifiable information from immunization reports to another public agency or third party; amend KRS 214.034 to prohibit public and private primary and secondary schools and preschool programs from promulgating a new immunization policy and mandating compliance during a school year that has already commenced; and amend KRS 214.036 to allow objection to immunization on the basis of conscientiously held beliefs.

  CURRENT STATUS

1/6/2023 - Introduced

AMEND CONSTITUTUION OF KENTUCKY RELATING TO THE ENVIRONMENT
(RAYMOND, JOSIE)

AN ACT proposing to create a new section of the Constitution of Kentucky relating to the environment.

Propose to create a new section of the Constitution of Kentucky to establish a right of the people to have a healthy environment, including a right to clean air, pure water, and ecologically healthy habitats; declare the Commonwealth's natural resources, among them its air, water, flora, fauna, climate, and public lands, are the common property of all people, including generations yet to come; establish that as trustee of the environment and its natural resources, the Commonwealth shall conserve and maintain them for the benefit of all people; provide ballot language; submit to voters for ratification or rejection.

  CURRENT STATUS

1/6/2023 - Introduced

COMMONWEALTH EDUCATION CONTINUUM
(TIPTON, JAMES)

AN ACT relating to the Commonwealth Education Continuum.

Create a new section of KRS Chapter 164 to establish the Commonwealth Education Continuum; specify the membership of the continuum; establish the terms of members; require the Council on Postsecondary Education to act as the administrative body for the continuum; establish reporting requirements to the Interim Joint Committee on Education.

  CURRENT STATUS

2/7/2023 - Introduced

UNEMPLOYMENT INSURANCE
(WEBBER, RUSSELL)

AN ACT relating to unemployment insurance.

Create a new section of KRS Chapter 341 to require the Office of Unemployment Insurance to advise a claimant approved for benefits of additional benefits, training opportunities, and financial aid resources available; amend KRS 341.005 to add training provided under the Trade Act of 1974 to the definition of approved training, and add disaster unemployment assistance and trade readjustment allowances to the programs not considered as enhanced benefits; amend KRS 341.100 create comprehensive list of conditions the secretary shall take into consideration when determining if work is suitable; amend KRS 341.385 to change the minimum state average unemployment rate from less than or equal to 4.5% to 6.5% and the minimum weeks of benefits available from 12 weeks to 16 weeks; remove claimants from the classification system with a definite return to work date or recall to work within a period of 16 weeks from the date of filing the initial or reopened claim, and removes extended benefits from benefits that shall not be affected by the classification system; amend KRS 341.375 to provide that notice the claimant declined to accept suitable work, or has failed to attend the first interview may not be the principal factor when determining ineligibility for benefits; amend KRS 341.4169 to provide workers shall not be denied shared work benefits if otherwise eligible when participating in training funded by the Workforce Innovation Act. House Committee Substitute (1) Retain original provisions; create a new section of KRS Chapter 341 requiring the secretary to provide the Legislative Research Commission with any correspondence from the United States Department of Labor regarding state unemployment compensation law conforming with federal unemployment compensation law within five days of receipt; add a severance clause. Senate Committee Substitute (1) Retain original provisions; amend KRS 341.127 to require the cabinet to report to the Governor and the Interim Joint Committee on Economic Development and Workforce Investment by December 1, 2023, a review of potential changes to the computation of employer contribution rates and how those changes could affect employer contribution rates and the unemployment insurance trust fund; amend KRS 341.270 to provide that no subject employer's contribution rate shall be less than 2.7% unless he or she has been a subject employer for twelve (12) consecutive calendar quarters ended as of the computation date; change the number of consecutive calendar quarters used in the computation of the reserve ratio to twelve (12); amend KRS 341.272 to provide that the maximum rate of contributions shall remain in effect until the employer has employed persons in this state for not less than twelve (12) consecutive calendar quarters ending as of June 30 immediately preceding the computation date; effective July 1, 2023.

  CURRENT STATUS

3/23/2023 - SIGNED BY GOVERNOR; (Acts Ch. 80)

LEAVE FROM EMPLOYMENT
(ROBERTS, RACHEL)

AN ACT relating to leave from employment.

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

  CURRENT STATUS

2/7/2023 - Introduced

ECONOMIC DEVELOPMENT TAX PAYER TRANSPLANT PROGRAM
(WEBBER, RUSSELL)

AN ACT relating to an economic development taxpayer transplant program.

Create a new section of Subchapter 20 of KRS Chapter 154 to establish the Taxpayer Transplant Program to recruit remote workers and employees to the Commonwealth; establish program guidelines and require the Kentucky Economic Development Finance Authority to issue a request for proposal for the contracted company to invest in the program and recruit, market, and offer incentive grants to attract qualified employees; create a new section of KRS Chapter 131 to authorize the Department of Revenue to issue annual disbursements to the contracted company based upon the qualified employees, wages, and county of location; require the Department of Revenue to report to the Interim Joint Committees on Appropriations on the program; require the authority to issue the request for proposal within 90 days of the effective date of the Act to avoid a ten percent reduction in the Economic Development budget unit in the next biennium.

  CURRENT STATUS

3/3/2023 - (H) Returned to Committee House Appropriations & Revenue (H)

EMPLOYEE CHILD-CARE ASSISTANCE
(WILSON, NICK)

AN ACT relating to employee child-care assistance.

Amend KRS 199.883 to require the Cabinet for Health and Family Services to report to the LRC regarding the Employee Child Care Assistance Partnership Program starting on December 15, 2023; and amend KRS 199.887 to permit a child-care provider to terminate an active contract created pursuant to the program.

  CURRENT STATUS

3/20/2023 - SIGNED BY GOVERNOR; (Acts Ch. 24)

CREATE NEW SECTION OF THE CONSTITUTION OF KENTUCKY RELATING TO EDUCATION FUNDING
(CALLOWAY, JOSH)

AN ACT proposing to add a section to the Constitution of Kentucky relating to education funding.

Propose to create a new section of the Constitution of Kentucky to authorize the General Assembly to provide for the educational costs of elementary and secondary school students outside of the public school system; provide ballot language for submission to voters for ratification or rejection.

  CURRENT STATUS

3/16/2023 - (H) recommitted to committee House Appropriations & Revenue (H)

SEWER CHARGES
(RABOURN, FELICIA)

AN ACT relating to sewer charges imposed by sanitation districts.

Amend KRS 220.510 to prohibit a sanitation district from imposing any fee, tax, surcharge, or other charge for the provision of service to a property unless the property is connected to a sanitary sewer owned or maintained by the sanitation district or there is an approved plan to connect the property to a sanitary sewer owned or maintained by the sanitation district within two years, the property discharges storm water to a storm sewer or storm water improvement owned or operated by the sanitation district and if discharges to a new improvement or facility that it not be more than one mile from the nearest property boundary, and the person responsible for the charge has agreed to the charges in writing with the sanitation district that provides the service; amend KRS 220.515 to conform; allow the Act to be cited as the Ensuring Fair Sewer Charges Act.

  CURRENT STATUS

2/7/2023 - Introduced

BIOMARKER TESTING
(MOSER, KIMBERLY POORE)

AN ACT relating to coverage for biomarker testing.

Create a new section of Subtitle 17A of KRS Chapter 304 to establish biomarker testing coverage requirements for health benefit plans; amend KRS 205.522 to require Medicaid to comply with the biomarker testing coverage requirements; direct that provisions apply to health benefit plans issued or renewed on or after January 1, 2024; EFFECTIVE January 1, 2024.

  CURRENT STATUS

3/23/2023 - SIGNED BY GOVERNOR; (Acts Ch. 77)

RECORDING OF GREENHOUSE GAS EMISSION REDUCTION AGREEMENTS
(KING, KIM)

AN ACT relating to the recording of greenhouse gas emissions reduction agreements.

Create a new section of KRS Chapter 382 to define "greenhouse gas emissions reduction agreement"; require that a greenhouse gas emissions reduction agreement be properly recorded pursuant to the requirements of KRS 382.110 for it to be binding on subsequent purchasers or creditors.

  CURRENT STATUS

2/7/2023 - Introduced

PFAS CHEMICALS
(KULKARNI, NIMA)

AN ACT relating to perfluoroalkyl and polyfluoroalkyl chemicals.

Create a new section of Subchapter 10 of KRS Chapter 224 to define "PFAS chemicals"; require the Energy and Environment Cabinet on or before January 1, 2024, to promulgate administrative regulations establishing maximum PFAS chemical limits and monitoring requirements for drinking water provided by public and semi-public water systems and maximum PFAS chemical limits and monitoring requirements for discharges into the waters of the Commonwealth; require that maximum PFAS chemical limits be designed to protect public health and be updated; provide that nothing in the section interferes with the Energy and Environment Cabinet's responsibilities under the federal Water Pollution Control Act or the Safe Drinking Water Act.

  CURRENT STATUS

2/7/2023 - Introduced

WAGE TRANSPARENCY
(KULKARNI, NIMA)

AN ACT relating to wage transparency.

Amend KRS 337.010 to define "job posting" and "wage range"; create a new section of KRS Chapter 337 to require all employers to include the wages or wage range for the advertised position in any job posting; amend KRS 95A.250 and 337.020 to conform.

  CURRENT STATUS

2/7/2023 - Introduced

HEALTHCARE WORKFORCE
(FLEMING, KEN)

AN ACT relating to the healthcare workforce, making an appropriation therefor, and declaring an emergency.

Create new sections of KRS 164 to define terms; establish the Kentucky healthcare workforce investment fund to enable the CPE, healthcare programs, and healthcare providers and facilities to match public and private dollars for the purpose of awarding scholarships to eligible students and healthcare incentives to eligible healthcare programs; provide that the moneys in the fund appropriated by the General Assembly shall lapse after the second year in a biennium budget; direct CPE to promulgate regulations to administer the Act; require at least 65% of all net moneys in the fund to be used to fund partnership proposals between healthcare programs and healthcare partners to issue scholarships to students enrolled in the healthcare program; require CPE to establish a process to prioritize certain partnership proposals; require a written partnership contract and establish the minimum contents; require that scholarships be issued directly to students and establish employment requirements for recipients; permit a healthcare partner to contract for additional employment restrictions; provide that individuals on the nurse aide abuse registry are not eligible for scholarships; require that up to 35% of moneys in the fund shall be reserved for healthcare program incentives to award excellence in healthcare programs; establish the criteria for CPE to consider in awarding healthcare program incentives; require that the healthcare program incentives be competitive; restrict the use of healthcare program incentive awards; require CPE to report to specific interim joint committees annually; establish the minimum contents of the report; require public postsecondary educational institution to report to specific committees annually; establish the minimum contents of the report; APPROPRIATION; EMERGENCY. House Committee Substitute (2) Retain original provisions; provide that state funds shall not lapse during the operation of the program until the end of the 2029-2030 fiscal year; establish procedures for the return of any leftover moneys donated by grantors upon the end of the program; ensure the Commonwealth may recoup scholarship amounts; establish that recoupment amounts include reasonable attorney's fees and the interest rate is per annum; remove the bar against programs eligible for cost reimbursement under Medicaid; sunset the program on June 30, 2030.

  CURRENT STATUS

3/22/2023 - SIGNED BY GOVERNOR; (Acts Ch. 65)

DATA CENTERS
(PRATT, PHILLIP)

AN ACT relating to data centers.

Create a new section of KRS Chapter 139 to define terms; provide a sales and use tax exemption for data centers; establish reporting requirements for the exemption; amend KRS 131.190 to conform; EFFECTIVE July 1, 2023.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

WAGES FOR EMPLOYMENT
(ROBERTS, RACHEL)

AN ACT relating to wages for employment.

Create a new section of KRS Chapter 337 to make it a discriminatory employment action if an employer asks questions about previous salary or wages, relies on previous salary when setting a new salary, or refuses to hire if an applicant does not provide previous salary, except to allow a request for information voluntarily provided in response to an offer of employment; allow previous salary to be considered when required by law, when discovered while looking at other nonsalary information, and for public employee positions; require notice to be posted for employees; amend KRS 337.990 to assess a civil penalty for a violation.

  CURRENT STATUS

2/7/2023 - Introduced

LEVY OF OCCUPATIONAL LICENSE FEES
(SMITH, TOM)

AN ACT relating to the levy of occupational license fees.

Amend KRS 68.197 to remove the population requirement and the one percent occupational license fee rate limitation; allow the crediting of city and county occupational license fees by agreement only; amend KRS 67.793 to conform; repeal KRS 68.199, relating to credit against occupational license fees in a county that attains a population of 30,000.

  CURRENT STATUS

2/17/2023 - (H) Referred to Committee House Local Government (H)

EMPLOYER STUDENT LOAN REPAYMENT TAX CREDIT
(KULKARNI, NIMA)

AN ACT relating to the employer student loan repayment tax credit.

Create a new section of KRS Chapter 141 establishing the employer student loan repayment tax credit, equal to fifty percent of the amount paid by an employer on an eligible student loan of a qualified employee; amend KRS 141.0205 to order the tax credit; amend KRS 131.190 to conform.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

NONRECOURSE CONSUMER LEGAL FUNDING
(FLANNERY, PATRICK)

AN ACT relating to nonrecourse consumer legal funding.

Establish Subtitle 13 of KRS Chapter 286 and create sections thereof to define terms; provide exemptions to the new subtitle on nonrecourse consumer legal funding; prohibit engaging in the business of nonrecourse consumer legal funding transactions without a license; establish licensing requirements; provide that nonrecourse consumer legal funding transactions are not loans and exempt them from statute relating to interest; establish requirements for nonrecourse consumer legal funding transaction contracts; prohibit certain actions by nonrecourse consumer legal funding companies; provide for attorney communications and responsibilities; provide that transactions made in compliance with the new subtitle on nonrecourse consumer legal funding are not champerty; establish penalties; provide that the new subtitle on nonrecourse consumer legal funding shall not restrict the powers or duties of the Attorney General; amend KRS 286.4-410, 360.010, and 372.060 to conform.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Judiciary (H)

SCHOOL FISCAL IMPACT STATEMENTS
(BAUMAN, JARED)

AN ACT relating to school fiscal impact statements.

Create a new section of KRS Chapter 6 to establish a school fiscal impact statement to evaluate the potential costs that would be incurred by school districts and other parts of the common school system by passing certain legislation; establish the requirements and components of the statement; authorize the director of the Legislative Research Commission to implement policies and procedures necessary to produce the statements; EFFECTIVE January 1, 2025.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Education (H)

CRIMINAL HISTORIES OF JOB APPLICANTS
(BROWN JR., GEORGE)

AN ACT relating to criminal histories of job applicants.

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

  CURRENT STATUS

2/8/2023 - Introduced

TAXATION OF FEMININE HYGIENE PRODUCTS
(BROWN JR., GEORGE)

AN ACT relating to the taxation of feminine hygiene products.

Amend KRS 139.010 to define "feminine hygiene products"; amend KRS 139.480 to exempt from sales and use tax the sale or purchase of feminine hygiene products; EFFECTIVE July 1, 2023.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

MATERNAL HEALTH DISPARITIES
(CHESTER-BURTON, BEVERLY)

AN ACT relating to maternal health disparities in perinatal care.

Amend KRS 211.680 to expand the scope of the legislative intent and findings; create new sections of KRS Chapter 211 to define terms; require licensed health facilities under KRS Chapter 216B to provide each patient with written information regarding the patient's rights and implement an evidence-based maternal health disparities program for all health providers involved in the perinatal care of patients within those facilities; require the Department for Public Health to track data on maternal death and severe morbidity.

  CURRENT STATUS

2/9/2023 - Introduced

ALCOHOLIC BEVERAGES
(MEREDITH, MICHAEL)

AN ACT relating to alcoholic beverages.

Amend KRS 243.020 to allow the possession and consumption of alcoholic beverages at nonlicensed businesses within or sharing a boundary with an entertainment destination center and at licensed premises sharing a boundary with an entertainment destination center; limit the alcoholic beverages to those purchased at the entertainment destination center or at a licensee sharing a boundary with the entertainment destination center; require written permission from the entertainment destination center before the alcoholic beverages may be possessed or consumed at that place of business. House Committee Substitute (1) Retain original provisions, except specify place of business be a retail drink licensee.

  CURRENT STATUS

3/21/2023 - SIGNED BY GOVERNOR; (Acts Ch. 39)

COMMISSION ON RACE AND ACCESS TO OPPORTUNITY
(TIMONEY, KILLIAN)

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

Amend KRS 7.200 to establish an attendance threshold for citizen members of the Commission on Race and Access to Opportunity; establish reporting requirements for appointments and reappointments.

  CURRENT STATUS

2/9/2023 - Introduced

RECOVERY HOUSING
(HEAVRIN, SAMARA)

AN ACT relating to recovery housing.

Create various new sections of KRS Chapter 222 to define terms; require certification for recovery residences; establish requirements for recovery residences; direct the Cabinet for Health and Family Services to promulgate administrative regulations for the certification of recovery residences; require certain entities to refer individuals only to certified recovery residences; permit local governments to assume inspection and enforcement duties; require the Cabinet for Health and Family Services to submit an annual report on certified recovery residences; establish the recovery residence certification trust fund; establish penalties; direct the Department for Medicaid Services to seek approval to provide Medicaid coverage and reimbursement for substance use disorder recovery services provided by a certified recovery residence; APPROPRIATION. House Committee Substitute (1) Delete original provisions and create various new sections of KRS Chapter 222 to define terms; require certification for recovery residences; establish requirements for recovery residences; establish requirements for the Cabinet for Health and Family Services pertaining to certified recovery residences; require certain entities to refer individuals only to certified recovery residences; direct the Department for Medicaid Services to seek approval to provide Medicaid coverage and reimbursement for substance use disorder recovery services provided by a certified recovery residence. House Floor Amendment (1) Exempt religiously affiliated recovery residences from certification requirements. Senate Floor Amendment (2) Exempt religiously affiliated recovery residences from certification requirements unless the recovery residence accepts Medicare or Medicaid funds.

  CURRENT STATUS

3/24/2023 - SIGNED BY GOVERNOR; (Acts Ch. 85)

REGULATION OF ELECTRONIC GAMING DEVICES
(SMITH, TOM)

AN ACT relating to the regulation of electronic gaming devices and making an appropriation therefor.

Establish KRS Chapter 239 and create new sections to define "commission," "control," "net proceeds," "electronic gaming device," "location," "local county government," "operator," "truck stop," "vending machine"; create the Kentucky Gaming Commission and attach it to the Public Protection Cabinet for administrative purposes; establish requirements for the commissioner and members on the commission; authorize the commission to establish and maintain an office in Frankfort; require the Auditor of Public Accountants to perform an annual audit of the commission; require the commission to promulgate administrative regulations to establish standard forms for the reporting of financial conditions, operational results, gross gaming receipts and adjusted gaming receipts, the amount of prizes paid during specific reporting periods, require periodic financial reports, require annual audits of the financial statements of all licensees regulated under this chapter, and to define and limit the method of operation of electronic gaming devices; authorize the Governor to appoint an executive director; establish qualifications for an executive director of the commission; establish application requirements; establish requirements for operators and locations; require the owner or manager of a location to ensure that an identifying sticker is affixed to each electronic gaming device on its premises; require the sticker on electronic gaming devices to contain the license number of the operator that supplies the devices and the expiration date of the operator's license; establish local county government responsibilities; prohibit anyone under the age of 21 from playing an electronic gaming device; provide penalties for entities regulated under Sections 1 to 18 of this Act; create a noncodified section to establish requirements for initial licensure of members on the commission.

  CURRENT STATUS

3/30/2023 - (H) WITHDRAWN

TEACHER MISCONDUCT
(TIPTON, JAMES)

AN ACT relating to teacher misconduct.

Create a new section of KRS Chapter 161 to prohibit a public school district or public charter school from entering a nondisclosure agreement relating to misconduct involving a minor or student; amend KRS 160.380 to define "abusive conduct"; require school district applicants to disclose being the subject of any allegations or investigations in the previous 12 months and consent to a reference check; require school districts to conduct reference checks; require nonpublic and public school districts to disclose any allegations or investigations related to abusive conduct of applicants; require school districts to request all related information from public and nonpublic schools and the Education Professional Standards Board and require the schools and EPSB to provide the records; require all public school personnel to have a state criminal background check every five years; require all school district applicants to list all schools of previous and current employment on the application; require a school district to internally report and investigate to completion all allegations of abusive conduct; require all records relating to an allegation of abusive conduct to be retained in an employee's personnel file; amend KRS 156.160 to direct the Kentucky Board of Education to include employment standards in the voluntary certification standards for private schools; amend KRS 160.151 to define "certified nonpublic school"; require employees of certified nonpublic schools to have a national and state criminal background check and a CA/N check; require certified nonpublic school personnel to have a state criminal background check every five years; prohibit a certified nonpublic school from hiring a violent or felony sex crime offender; require a nonpublic certified school to conduct reference checks on all applicants; prohibit a certified nonpublic school from entering into a nondisclosure agreement related to misconduct involving a minor or student; amend KRS 156.095 to require the Kentucky Department of Education to develop a training related to sexual misconduct for employees to undergo every five years; amend KRS 161.151 to conform. House Committee Substitute (1) Retain original provisions, except revise indemnification language to grant immunity for disclosures made about school employee conduct; require requests for information to be satisfied in 10 working days instead of 10 days.

  CURRENT STATUS

3/29/2023 - (S) recommitted to committee Senate Education (S)

ECONOMIC DEVELOPMENT
(BRANSCUM, JOSHUA)

AN ACT relating to economic development.

Amend KRS 11.200 and 12.020 to rename the Office of Entrepreneurship and Small Business Innovation to the Office of Entrepreneurship and Innovation within the Cabinet for Economic Development; amend KRS 12.020 to rename the Department for Business Development to the Department for Business and Community Development, the Incentive Administration Division to the Program Administration Division, the Office of Marketing and Public Affairs to the Office of Strategy and Public Affairs, the Communications Division to the Marketing and Communications Division, the Graphic Design Division to the Research and Strategy Division, and eliminate the Office of Workforce, Community Development and Research; amend KRS 12.020 to create the Development and Retention Division - West Kentucky, the Development, Retention, and Administrative Division - Central and East Kentucky, and Community and Workforce Development Division within the Department for Business and Community Development; amend KRS 154.12-2035, 154.20-230, 154.12-277, 154.12-278, 154.12-310, 154.60-010, 154.60-020, 164.6017, 164.6021 and 164.6023 to reflect the new name of the Office of Entrepreneurship and Innovation; amend KRS 154.12-204 to include companies engaged in hydrogen transmission as qualified companies in the Bluegrass State Skills Corporation Grant-in-Aid and Skills Training Investment Credit programs; amend KRS 154.12-207 to increase the application limit from $200,000 to $500,000; amend KRS 154.12-223 to reorganize the Department for Business and Community Development; amend KRS 154.12-224 to reorganize the Department for Financial Services within the Cabinet for Economic Development; amend KRS 154.12-275 to reorganize the Office of Strategy and Public Affairs within the Cabinet for Economic Development; amend KRS 154.20-190 to change reporting deadline to November 1; amend KRS 154.20-583, 154.20-586, and 154.20-589 to modify the Western Kentucky Risk Assistance Fund to specify that eligible companies may apply for other programs administered by the Cabinet for Economic Development, to change the cap on the amount of loan loss payments to $100,000,000 that is proportionally reduced as the loss payments are disbursed, and to provide for a 1% administrative fee; amend KRS 154.25-040 to address recent changes in the income tax statutes; amend KRS 154.31-010 to include companies engaged in hydrogen transmission as eligible companies in the Kentucky Enterprise Initiative Act and to add a definition for "tourism attraction"; amend KRS 154.32-010 and 154.32-020 to include companies engaged in hydrogen transmission as eligible companies in the Kentucky Business Initiative program; amend KRS 154.32-050 to allow disaster relief areas declared by state or federal agencies on or after December 1, 2022, to be included in the enhanced county classification; amend KRS 154.32-090 to change the wage assessment calculation under the Kentucky Business Initiative program to address recent changes in the income tax statutes; amend KRS 154.34-010 to include companies engaged in hydrogen transmission as eligible companies in the Kentucky Reinvestment Act; amend KRS 154.61-010 to include the definitions of "cabinet" and "loan-out entity" and to expand the definition of "employee"; amend KRS 154.61-020 and 154.61-030 to revise the duties and responsibilities of the Cabinet for Economic Development and the approved companies under the Kentucky Entertainment Initiative program; amend KRS 141.310, 141.350, and 141.383 to conform; repeal KRS 141.401, 154.12-276, 154.23-005, 154.23-010, 154.23-015, 154.23-020, 154.23-025, 154.23-030, 154.23-035, 154.23-040, 154.23-045, 154.23-050, 154.23-055, 154.23-060, 154.23-065, 154.23-070, 154.23-075, 154.23-079, 154.23-080, 154.47-040, 154.47-065, 154.80-140, and 154.80-310; amend KRS 141.0205, 154.20-170, 154.47-005 and 174.205 to conform.

  CURRENT STATUS

3/23/2023 - SIGNED BY GOVERNOR; (Acts Ch. 75)

METROPOLITAN CORRECTIONAL SERVICES DEPARTMENTS
(NEMES, JASON)

AN ACT relating to metropolitan correctional services departments.

Amend KRS 67B.020 to define "peace officer"; create new sections of KRS Chapter 67B to provide the general police powers of each officer employed by a metropolitan correctional services department; establish a system of disciplinary protocols relating to proceedings against an officer accused of misconduct; define "critical incident"; allow an officer to take 48 hours leave after being involved in a critical incident.

  CURRENT STATUS

2/17/2023 - (H) Referred to Committee House Local Government (H)

CHILD CARE ASSISTANCE PROGRAM
(TACKETT LAFERTY, ASHLEY)

AN ACT relating to the Child Care Assistance Program.

Amend KRS 199.894 to define "Child Care and Development Fund" and "Child Care Assistance Program"; create a new section of KRS 199.892 to 199.896 to establish income eligibility requirements for the Child Care Assistance Program.

  CURRENT STATUS

2/15/2023 - Introduced

TEACHERS
(TIPTON, JAMES)

AN ACT relating to teachers.

Create a new section of KRS Chapter 161 to implement the Interstate Teacher Mobility Compact; create a new section of KRS Chapter 160 requiring exit surveys from school personnel leaving employment; require the Kentucky Department of Education to develop a system for reporting exit survey data; create a new section of KRS Chapter 164 to direct the Council on Postsecondary Education to develop a marketing program to promote the teaching profession; require CPE to provide a report on the status of the program to the Interim Joint Committee on Education by November 1, 2024; establish a trust fund for the marketing program; create a new section of KRS Chapter 160 to direct the Kentucky Department of Education to create an online statewide job posting system for school job openings, if funds are available; amend KRS 160.380 to conform; amend KRS 164.769 to revise requirements for the Teacher Scholarship program; require the Kentucky Higher Education Assistance Authority to submit an annual program report to the Interim Joint Committee on Education; amend KRS 161.048 to require the Education Professional Standards Board to establish a process for candidates to obtain an eligible for hire letter; direct the Kentucky Department of Education to expand the GoTeachKY ambassador program to all school districts, as funds are available; require the Kentucky Department of Education to review the alternative pathway teacher certification options and processes to identify areas for improvement; require KDE to present its findings to the Interim Joint Committee on Education by October 1, 2023; APPROPRIATION. House Committee Substitute (2) Retain original provisions, except delete the elevate teaching marketing program; define "Kentucky Educator Placement Service System"; require the Kentucky Department of Education to operate and maintain the system in order to collect accurate employment data; require the department to prepare an annual report on statewide school system employment data; amend KRS 164.769 to delete eligibility for permanent residents; delete the expansion of the GoTeachKY Ambassador program; delete the provision to allow classified staff to perform classroom instructional activities without supervision by certified staff during the 2023-2024, 2024-2025, and 2025-2026 school years. Senate Committee Substitute (1) Retain original provisions; amend KRS 161.154 and 161.155 to remove the requirement that a teacher or employee submit an affidavit to take sick and personal leave.

  CURRENT STATUS

3/31/2023 - SIGNED BY GOVERNOR; (Acts Ch. 164)

COMMERCIAL DRIVER’S LICENSES
(FREELAND, CHRIS)

AN ACT relating to commercial driver's licenses.

Amend KRS 281A.160 to allow an applicant who has a nonresident operator's license and a commercial driver's instruction permit to take the CDL skills test within the Commonwealth; establish a nonresident testing fee of $150.

  CURRENT STATUS

3/22/2023 - SIGNED BY GOVERNOR; (Acts Ch. 66)

WORKERS' COMPENSATION
(BAUMAN, JARED)

AN ACT relating to workers' compensation.

Amend KRS 342.120 to require the Division of Workers' Compensation Funds to create a program to issue lump-sum settlements for outstanding claims; amend KRS 342.122 to set the special fund assessment rate at a minimum of six percent; require the remaining claims balance to fund the programs in the Education and Labor Cabinet, with exceptions.

  CURRENT STATUS

2/17/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

ACTIONS FOR FORCIBLE ENTRY AND DETAINER
(KULKARNI, NIMA)

AN ACT relating to actions for forcible entry and detainer.

Create a new section of KRS Chapter 383 to provide automatic expungement of records in actions for forcible entry and detainer; amend KRS 383.250 to provide for sealing of records.

  CURRENT STATUS

2/16/2023 - Introduced

SALES AND USE TAX INCENTIVES
(PETRIE, JASON)

AN ACT relating to sales and use tax incentives and declaring an emergency.

Amend KRS 154.31-020 to increase the maximum amount of sales and use tax incentives that may be committed in each fiscal year by the Kentucky Economic Development Finance Authority for building and construction materials and equipment used for research and development, electronic processing, or flight simulation; EMERGENCY.

  CURRENT STATUS

2/28/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

EXPUNGEMENT
(MILES, SUZANNE)

AN ACT relating to expungement.

Amend KRS 431.073 to remove language describing a series of felony offenses; amend KRS 610.330 to allow expungement of juvenile records with multiple felonies. House Committee Substitute (1) Retain original provisions; and further amend KRS 431.073 to allow multiple felony expungements.

  CURRENT STATUS

3/24/2023 - SIGNED BY GOVERNOR; (Acts Ch. 87)

CERTIFICATION OF PEACE OFFICERS
(WITTEN, SUSAN)

AN ACT relating to the certification of peace officers.

Create new sections of KRS Chapter 15 and 67C to allow a person who is at least 20 years old to be hired by a law enforcement agency to attend basic training if the person will be 21 years old at the time they become a certified peace officer; require the Kentucky Law Enforcement Council to allow person who is 20 years old to attend basic training if the person will be 21 years old by the conclusion of basic training. House Committee Substitute (1) Retain original provisions; create a new section of KRS Chapter 95 to allow a person who is at least 20 years old to be hired by an urban-county government police force to attend basic training if the person will be 21 years old at the time they become a certified peace officer; amend KRS 15.386 to provide a law enforcement agency the authority to allow an officer to have full peace officer powers; provide a precertification pathway for individuals hired by a law enforcement agency at the age of 20 for the purpose of sending the individual to basic training. Senate Floor Amendment (1) Retain original provisions; amend KRS 15.386 to provide that a person who is hired by a law enforcement agency before reaching 21 years old is precertified for the purpose of attending a basic training course; provide that a person who was hired before he or she was 21 years old will be certified once they complete a basic training course, meet all minimum qualifications, and obtain approval from his or her employing agency.

  CURRENT STATUS

3/24/2023 - SIGNED BY GOVERNOR; (Acts Ch. 103)

COMMON COMPREHENSIVE READING PROGRAMS
(BANTA, KIM)

AN ACT relating to common comprehensive reading programs.

Amend KRS 158.305 to require superintendents and public charter school boards to adopt a common comprehensive reading program that is determined by the department to be reliable, valid, and aligned to required reading and writing standards.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Education (H)

FINANCIAL INCENTIVES TO REDUCE TEACHER SHORTAGES
(BANTA, KIM)

AN ACT relating to financial incentives to reduce teacher shortages and making an appropriation therefor.

Create a new section of KRS Chapter 164 to establish the Student Teacher Stipend Program; define eligibility for the program; direct the Kentucky Higher Education Assistance Authority to administer the program; provide an award of up to $8000 to an eligible student teacher; establish the Student Teacher Stipend Program fund and appropriate $10,000,000 in fiscal year 2023-2024 to the fund; create a new section of KRS Chapter 164 to establish the Teacher Recruitment Student Loan Forgiveness Program; define eligibility for the program; direct the Kentucky Higher Education Assistance Authority to administer the program; provide up to $10,000 in student loan repayment for completing two years of consecutive teaching service; establish the Teacher Recruitment Student Loan Forgiveness Program fund and appropriate $5,000,000 in fiscal year 2023-2024 to the fund; APPROPRIATION.

  CURRENT STATUS

2/21/2023 - Introduced

SOCIAL WORK LICENSURE COMPACT
(FLEMING, KEN)

AN ACT relating to the Social Work Licensure Compact.

Create a new section within KRS Chapter 335.010 to 335.170 to declare the purpose of the Social Work Licensure Compact; establish definitions; establish requirements for states that want to enter the compact; recognize a multistate licensure privilege to practice for regulated social workers; establish provisions for active duty military personnel or their spouses; recognize a multistate licensure privilege to practice for regulated social workers in any member state via telehealth; establish procedures for adverse actions a home and member state can take against a regulated social worker; create the Social Work Licensure Compact Commission; establish and elect an executive committee; provide immunity for party states, officers, employees, or representatives of the commission who act in accordance with the compact; require the commission to create, maintain, operate and use a coordinated database and reporting system containing licensure, adverse actions and investigative information on all licensed individuals in member states; establish procedures for rulemaking; authorize the commission to attempt to resolve disputes related to the compact that arise among member states and between member and non-member states; establish withdrawal procedures for a member state that withdraws from the compact; provide severability for any provision in the compact that is contrary to the constitution of any party state or of the United States or the applicability to any government, agency, person, or circumstance.

  CURRENT STATUS

2/21/2023 - Introduced

EXPUNGEMENT
(GROSSBERG, DANIEL)

AN ACT relating to expungement.

Create new section of KRS Chapter 431 to create automatic felony expungement process.

  CURRENT STATUS

2/21/2023 - Introduced

SOLID WASTE MANAGEMENT SERVICE COMPANIES
(BOWLING, ADAM)

AN ACT relating to solid waste management service companies.

Create a new section of KRS Chapter 109 to define "confidential business information"; provide that no county or waste management district shall compel the production or submission of confidential business information from a solid waste management service company.

  CURRENT STATUS

2/21/2023 - Introduced

PROTECTION OF CHILDREN
(DECKER, JENNIFER)

AN ACT relating to the protection of children.

Create new sections of KRS Chapter 311 to define terms; state that the provision of gender transition services to a person under the age of 18 years by a health care provider or mental health care provider is unethical and unprofessional conduct; require an investigation of any report of provision of gender transition services to a person under the age of 18 years; require revocation of the provider's license if confirmed and termination of public funding for a public employee; require that providers be jointly and severally liable for all damages and costs sustained for providing gender transition services or aiding and assisting a person under the age of 18 years to consider or to obtain gender transition services; provide defense to providers refusing to provide services; make failure to report provision of gender transition services a crime; permit an action on a violation to be taken by the parent or guardian of a person before the person attains the age of 18 years and by the person within 30 years of the person attaining the age of 18 years, with exceptions under which the time may be longer; require conditions for actions and damages; prohibit use of public funds for gender transition services; prohibit a provider employed by a public agency to provide include gender transition procedures; permit the Attorney General to bring action to enforce provisions; permit intervention as a matter of right if these provisions are challenged; prohibit a public provider from intervening in a legal proceeding in defense of the provision of gender transition services; create a new section of KRS Chapter 205 to prohibit Medicaid coverage of gender transition procedures for a person under age 18 years; create a new section of Subtitle12 of KRS Chapter 304 to establish liability provisions if an insurer elects to cover gender transition services; amend KRS 18A.225 to prohibit a fully insured benefit plan or self-insured plan for public employees from covering gender transition services for a person under the age of 18 years; amend KRS 454.210 to add to court permission to exercise personal jurisdiction over a person who acts directly or by an agent, as to a claim arising from the person's engaging in the provision of gender transition services to a person under the age of 18 years; create a new section of KRS Chapter 158 to prohibit a public school counselor, school-based mental health services provider, or other public employee from aiding or assisting in the provision of gender transition services for a person under the age of 18 years; establish liability provisions; require school notification of parents of child's expression of sex or gender inconsistency with exceptions; amend KRS 141.039 to require that corporate income relating to the provision of gender transition services to a person under age 18 years be added to net income; amend KRS 213.121 to prohibit a registered certificate or report from being amended if the purpose is to assist with a social or physical gender transition; amend KRS 401.020 to prohibit a court to order a name change if the purpose is to assist with a social or physical gender transition; create a new section of KRS Chapter 600 to prohibit the Department of Juvenile Justice from classifying a detainee by a sex that is inconsistent with defined sex; allow the Act to be cited as the Do No Harm Act; EFFECTIVE January 1, 2024. House Committee Substitute (1) Retain original provisions of the bill except modify definitions; remove mental health providers from the bill; remove references to social transition services; remove references to local school districts; remove criminal penalties for health care providers not reporting services; remove aiding or assisting in the provision of gender transition services from liability provisions; clarify changes to court authority to exercise personal jurisdiction; remove provisions relating to public school counselors, school-based mental health services providers, or other public employees; remove delayed effective date.

  CURRENT STATUS

3/15/2023 - Motion to Lay on the Clerk’s Desk – adopted 19-17

SCHOOL FUNDING
(TIPTON, JAMES)

AN ACT relating to school funding.

Repeal, reenact, and amend KRS 157.320, 157.069, 157.200, 157.350, 157.360, 157.370, 157.390, 157.420, 157.621, 157.660, 158.030, 158.070, 159.035, 159.075, 159.090, 160.107, 160.345, 160.486, 160.593, 160.6152, 160.644. and 164.380 to transition the school funding model from using average daily attendance to average daily membership; make conforming changes; EFFECTIVE July 1, 2024.

  CURRENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

WAGERING
(MEREDITH, MICHAEL)

AN ACT relating to wagering and making an appropriation therefor.

Create a new section of KRS Chapter 230 to establish the wagering administration fund from sports wagering taxes and fees; direct use of that fund toward related administrative expenses of the Public Protection Cabinet; deposit all remaining funds in the Kentucky permanent pension fund; create new sections of KRS Chapter 230 to require the racing commission to institute a system of sports wagering at tracks; limit the types of events upon which wagers may be placed; establish sports wagering licensure requirements; prohibit participants from wagering on events in which they participate and from tampering with the outcome of a sporting event; amend KRS 230.210 to define "interactive sports wagering technology and service provider," "sporting event," and "sports wagering"; amend KRS 230.215 to declare the intent to allow citizens to enjoy sports wagering and allow the racing commission to promulgate administrative regulations prescribing conditions under which sports wagering is to be conducted; amend KRS 230.990 to penalize participants or licensee employees who wager on sporting events or any person who tampers with the outcome of a sporting event; create a new section of KRS Chapter 138 to define “adjusted gross income” and impose a tax on sports wagering; amend KRS 243.500, 525.090, 528.010, 528.020, 528.070, and 528.080 to exempt sports wagering; amend KRS 68.182, 91.202, 92.282, 230.225, 230.240, 230.260, 230.310, and 230.361 to conform; add severability clause; APPROPRIATION. House Committee Substitute (1) Retain original provisions except change the definition of service provider to allow service providers to operate at a licensed facility for sports wagering and simulcast facility; allow sports wagering at a simulcast facility with the track's established service providers; remove the 12 month in person registration requirement; make technical changes; APPROPRIATION. House Floor Amendment (5) Retain original provisions; create the Kentucky problem gambling assistance account; allot 2.5% of funds received in the sports wagering administration fund to the Kentucky problem gambling assistance account; add definitions of sporting event and taxpayer; make conforming changes related to the definitions added; make technical corrections; renumber sections and internal cites; delete sections 19 to 22; amend KRS 436.480 to exempt sports wagering from KRS Chapter 528.

  CURRENT STATUS

3/31/2023 - SIGNED BY GOVERNOR; (Acts Ch. 147)

LOTTERY TRUST FUND TASK FORCE
(MCCOOL, BOBBY)

A CONCURRENT RESOLUTION establishing the Lottery Trust Fund Task Force.

Create the Lottery Trust Fund Task Force to study the various uses of the task fund, evaluate the performance of the various scholarship and grant programs funded by the fund, and develop and submit recommended changes to better align the uses of the fund to future needs; outline task force membership; require the task force to submit any findings and recommendations to the Legislative Research Commission by December 1, 2023.

  CURRENT STATUS

3/7/2023 - received in Senate

WORKFORCE INNOVATION TASK FORCE
(KULKARNI, NIMA)

A CONCURRENT RESOLUTION relating to the establishment of a Workforce Innovation Task Force to complete a study of current education and workforce development programs and provide recommendations on how to provide effective workforce development programs to facilitate the training and employment of historically untapped workforce populations in the Commonwealth.

Direct the Legislative Research Commission to establish the Workforce Innovation Task Force to conduct a review of current education and workforce development programs and provide recommendations on how to provide effective workforce development to facilitate the training and employment of historically untapped workforce populations in the Commonwealth; require the task force to meet at least 3 times before the submission of its findings and recommendations; require the task force to submit its findings and recommendations to the Legislative Research Commission by December 1, 2023; provide that the Legislative Research Commission has authority to alternatively assign the issues identified by the recommendations to the appropriate committee or subcommittee.

  CURRENT STATUS

3/8/2023 - received in Senate

BENEFITS CLIFF
(DIXON, JONATHAN)

A JOINT RESOLUTION directing executive branch agencies to undertake efforts to address the benefits cliff in Kentucky.

Direct the Cabinet for Health and Family Services to study all public assistance program flexibilities permitted under federal law which may afford the Commonwealth the opportunity to address the benefits cliff; require the Cabinet for Health and Family Services to study the cost of maintaining certain changes made to the Child Care Assistance Program; require the Cabinet for Health and Family Services to implement a user-friendly benefits cliff calculator tool; and require the Cabinet for Health and Family Services to develop and implement a federal Earned Income Tax Credit outreach and education program; require these agencies to submit reports to the Interim Joint Committees on Health, Welfare, and Family Services and Appropriations and Revenue by November 1, 2023.

  CURRENT STATUS

3/16/2023 - SIGNED BY GOVERNOR; (Acts Ch. 9)

EDUCATORS' LIABILITY INSURANCE
(WISE, MAX)

AN ACT relating to the educators' liability insurance and making an appropriation therefor.

Create a new section of KRS Chapter 161 to establish the Educators Employment Liability Insurance Program to provide excess liability coverage for certified employees of public schools; require the Department of Education to promulgate administrative regulations to implement the program; amend KRS 160.105 to require the Kentucky Board of Education to require a district to provide each certified employee with primary liability insurance; APPROPRIATION. House Committee Substitute (1) Retain original provisions and remove reference to contracting with a third-party administrator for excess liability coverage.

  CURRENT STATUS

3/24/2023 - SIGNED BY GOVERNOR; (Acts Ch. 99)

RETIREMENT OF FOSSIL FUELED ELECTRIC GENERATORS
(MILLS, ROBBY)

AN ACT relating to the retirement of fossil fuel-fired electric generating units and declaring an emergency.

Create new sections of KRS Chapter 278 to define terms; prohibit the Public Service Commission from approving a request by a utility to retire a coal-fired electric generator unless the utility demonstrates that the retirement will not have a negative impact on the reliability or the resilience of the electric grid or the affordability of the customer's electric utility rate; require the Public Service Commission to submit an annual report on retirements of electric generating units by December 1 to the Legislative Research Commission; EMERGENCY. Senate Committee Substitute (1) Retain original provisions; make changes to the definitions for "electric generating unit," "regional transmission organization," and "reliability"; provide that the Public Service Commission shall have the authority to approve or deny the retirement of an electric generating unit owned by a utility; provide for application requirements and determination deadlines for approval of retiring an electric generating unit; prohibit a utility from recovering for stranded assets unless the conditions of the section are satisfied; require that the nameplate capacity for each electric generating unit that a utility has requested to retire in the previous year be included in the annual report submitted to the Legislative Research .Commission; EMERGENCY. Senate Floor Amendment (2) Delete the definitions for "independent system operator" and "regional transmission organization"; change the definitions for "reliability" and "resilience"; change the findings that the Public Service Commission must make to overcome the rebuttable presumption against the retirement of fossil fuel fired electric generating units; remove the commission's permissive authority to impose conditions on the retirement of a fossil fuel fired electric generating unit to promote or maintain reliable and resilient utility service.

  CURRENT STATUS

3/29/2023 - became law without Governor's Signature (Acts Ch. 118)

ADMINISTRATION OF PAYROLL SYSTEMS
(MILLS, ROBBY)

AN ACT relating to the administration of payroll systems and declaring an emergency.

Amend KRS 336.180 to define "political activities," "candidate," "committee," "contributing organization," "contribution," "election," "electioneering communications," "fundraiser," "independent expenditure," "labor organization," "public employee," "slate of candidates," and "testimonial affair"; amend KRS 336.134 to prohibit any deduction from the wages of any public employee for any dues, fees, or charges associated with a labor organization or for political activities without a written authorization from the public employee; create new sections of KRS Chapter 336 to prohibit public employers from assisting a labor organization or other entity in collecting funds or financial information if the funds are to be used for political purposes; prohibit application of these restrictions if deductions were made under bargaining agreements entered into before the effective date of this Act; amend KRS 336.990 to create a penalty; EMERGENCY. House Committee Substitute (1) Retain original provisions, except redefine "labor organizations" to include an exemption; remove the written authorization component from the prohibition on a public employer from deducting wages from an employees' earnings; amend KRS 336.135 to require a labor organization to transmit financial records detailing the quarterly expenses to its members; amend KRS 161.158 to remove reference to an employee's written consent as an exception to the prohibition of the district board from deducting membership dues; amend KRS 164.365 to prohibit KCTCS from deducting labor organization membership dues for political activities; EMERGENCY.

  CURRENT STATUS

3/29/2023 - Filed with Secretary of State; (Acts Ch. 133)

PROFESSIONAL EMPLOYER ORGANIZATIONS
(WISE, MAX)

AN ACT relating to registration of professional employer organizations and declaring an emergency.

Amend KRS 336.236 to change the registration period for existing professional employer organizations as of July 14, 2022, to register with the Department of Workers' Claims by July 15, 2024; amend KRS 336.248 to require professional employer organizations to report and pay all unemployment insurance fund contributions using the state employer identification number and contribution rate of the client between the effective date of the Act and December 31, 2024; provide that after January 1, 2025, the professional employer organization shall report and pay all unemployment insurance fund contributions using the state employer identification number and contribution rate of the professional employer organization; amend KRS 336.250 to prohibit professional employer organizations from operating in Kentucky after July 15, 2024, without registering with the Department of Workers' Claims; provide that provisions in KRS 336.230 to 336.250 not amended in this Act are not changed; prohibit the Education and Labor Cabinet from requiring or enforcing certain reporting or payment for the period between July 14, 2022, and when this Act takes effect; EMERGENCY.

  CURRENT STATUS

1/6/2023 - SIGNED BY GOVERNOR; (Acts Ch. 1)

CONSUMER DATA PRIVACY
(WESTERFIELD, WHITNEY)

AN ACT relating to consumer data privacy.

Create new sections of KRS Chapter 367 to define terms; set the parameters for applicability of this Act; define various consumer rights related to data collection; require a data controller to comply with a consumer request to exercise those rights, including confirming whether or not a controller is processing the consumer's data and providing the consumer access to his or her data, deleting his or her personal data, providing a copy of the consumer's data that he or she previously provided in a portable and usable format, opting out of targeted advertising, opting out of tracking, and opting out of the sale or sharing of his or her personal data; require controllers to establish a process for consumers to appeal a controller's refusal to act on a consumer's request to exercise a right; set forth requirements for persons or entities that control or process personal data; require persons who control data to conduct data protection impact assessments; establish that the Attorney General has exclusive authority to enforce, with the exception of a private right of action by which consumers can seek injunctive relief for specific violations if the data controller or processor received an written notice of violation from the Attorney General and failed to cure the violation within 30 days; create a consumer privacy fund in the State Treasury to be administered by the Office of the Attorney General and direct that all civil penalties collected with regard to enforcement actions be deposited in the fund; set forth that this Act supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, charter county, urban-county government, consolidated local government, unified local government, or local agency regarding the processing of personal data; amend KRS 367.240 to conform; allow the Act to be cited as the Kentucky Consumer Protection Data Act; EFFECTIVE January 1, 2025. Senate Floor Amendment (1) Retain most of the original provisions except this amendment: now defines "decisions that produce legal or similarly significant effects concerning a consumer,"; redefines "consent," "de-identified data," "identified or identifiable natural person," "personal data," "profiling," ""sale," "sell," or "sold"," "targeted advertising"; removes the definition of "dark pattern," ""sharing," "share," or "shared"," and "tracking,"; requires the controller to comply with additional consumer requests related to correcting inaccuracies in the consumer's personal data and opting out of profiling; remove a consumer's right to opt out of selling or sharing personal data; remove the consumer's ability to authorize another person to exercise the rights in Section 2 on his or her behalf; change the controller response period from fifteen days to forty-five; require the controller provide a written explanation to the consumer within sixty days of receipt of an appeal instead of thirty days; create a new subsection relating to the controller obtaining personal data from a source other than the consumer and update the controller's compliance requirements with a consumer's request to delete data; prohibit the controller from altering the characteristics of service to the consumer in response to a consumer exercising his or her rights pursuant to Section 3 of this Act; remove requirement for controller to comply with the Office of the Attorney General investigations; remove categories related to personal data shared with third parties; remove prohibition on controllers processing consumer personal data pursuant to one of the conditions; remove the "no longer than necessary" reference to the controller retention of consumer data; remove reference to controller processing data on the basis of consumer characteristics; remove prohibition on controller processing personal data of a child for the purposes of targeting advertising and tracking; require an additional requirements for processors assisting a controller; require additional contract requirements between the controller and processor; include additional statutory construction provisions; clarify provision related to data protection assessments; remove the court's option to increase a penalty for a judicial finding of the controller's willful and reckless behavior; clarify that nothing creates an independent cause of action in this Act or any other provision of Kentucky law; effective January 1, 2025. Senate Floor Amendment (3) Amend the state agency exemptions to include agencies that have authority under state or federal law to request or share individualized data; amend exemptions to include a municipally owned utilities; amend to require controllers to provide an explanation of how consumer data is used by the controller in their privacy notices; amend one of the conditions when a controller does not need consent if personal data is being processed for one or more specific purposes and processing the consumer's personal data is required to provide a product or service to the consumer; delete a section that required controllers to conduct data protection impact assessments.

  CURRENT STATUS

3/16/2023 - (H) Returned to Committee House Committee on Committees (H)

TRAFFIC CONTROL SIGNAL MOTORING SYSTEMS
(THOMAS, REGINALD)

AN ACT relating to traffic control signal monitoring systems and making an appropriation therefor.

Create new sections of KRS Chapter 189 to define the terms "agency," "owner," "recorded images," and "traffic control signal monitoring system"; establish a civil penalty of $50 if a motor vehicle is recorded failing to obey the instructions of a traffic control device; set forth forms and procedures; outline defenses for citations for failing to obey a traffic control device; mandate that a person who refuses to pay the civil penalty and does not appear to contest the citation shall have the vehicle's registration suspended; mandate that civil penalties shall not result in points against the violator's driving record; amend KRS 189.231 and KRS 189.990 to conform; APPROPRIATION.

  CURRENT STATUS

1/5/2023 - (S) Referred to Committee Senate Transportation (S)

KEES SCHOLARSHIPS
(SCHICKEL, JOHN)

AN ACT relating to KEES scholarships for students attending noncertified schools.

Amend KRS 164.7874 to include an equivalent score on the Classic Learning Test as a KEES supplemental amount; define an "eligible noncertified school graduate"; amend definitions of "KEES award, maximum", and " KEES base amount" for an eligible noncertified school graduate; amend KRS 164.7879 to establish an equivalent grade point average for eligible noncertified school graduates based on the graduate's ACT score; amend KRS 164.7884 to conform.

  CURRENT STATUS

3/13/2023 - (H) Returned to Committee House Education (H)

POSTSECONDARY READINESS INDICATROS
(WILSON, MIKE)

AN ACT relating to postsecondary readiness indicators and declaring an emergency.

Amend KRS 158.6455 to include achieving three hours of dual credit or qualifying for three hours of postsecondary articulated credit as a postsecondary readiness indicator. Senate Committee Substitute (1) Retain original provisions; prohibit requiring an apprenticeship, cooperative, or internship that is used as a postsecondary readiness indicator from being offered as only a high school course or during the regular school day, week, or year; EMERGENCY.

  CURRENT STATUS

3/22/2023 - SIGNED BY GOVERNOR; (Acts Ch. 56)

HEALTH FACILITIES
(WILLIAMS, GEX)

AN ACT relating to the licensure of health facilities.

Repeal KRS 216B.010, which sets forth the legislative findings and purposes of KRS chapter 216B.

  CURRENT STATUS

1/5/2023 - (S) Referred to Committee Senate Health Services (S)

MEDICAID PROGRAM
(MEREDITH, STEPHEN)

AN ACT relating to the Medicaid program.

Create a new section of KRS Chapter 205 to establish eligibility criteria for Medicaid managed care organizations and limit the number of managed care organizations contracted by the Department for Medicaid Services to no more than three; EFFECTIVE January 1, 2024. Senate Committee Substitute (1) Retain original provisions; make technical correction; EFFECTIVE January 1, 2024. Senate Floor Amendment (1) Delete provisions requiring that a managed care organization offer, or agree to offer, a qualifying health plan in order to be eligible to receive a Medicaid managed care contract; EFFECTIVE January 1, 2024.

  CURRENT STATUS

3/10/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

WAGES
(THOMAS, REGINALD)

AN ACT relating to wages.

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

  CURRENT STATUS

1/5/2023 - (S) Referred to Committee Senate Appropriations & Revenue (S)

KENTUCKY CYBERSECURITY CENTER
(NEMES, MICHAEL J.)

AN ACT relating to the Kentucky Cybersecurity Center.

Create a new section of KRS Chapter 164 to establish the Kentucky Cybersecurity Center (KentuckyCYBER) at the University of Louisville; establish the purpose and duties of KentuckyCYBER; create the KentuckyCYBER fund; APPROPRIATION. Senate Committee Substitute (1) Retain original provisions; add a provision that KentuckyCYBER shall facilitate cooperation among universities, primary education facilities, and business to create a secure cyberinfrastructure; delete appropriations for fiscal years 2022-2023 and 2023-2024. Senate Committee Substitute (1) Retain original provisions; add a provision that KentuckyCYBER shall facilitate cooperation among universities, primary education facilities, and business to create a secure cyberinfrastructure; delete appropriations for fiscal years 2022-2023 and 2023-2024.

  CURRENT STATUS

3/30/2023 - (H) Posted for Passage in Regular Orders of the Day; w/ HFA 1, HFA 2, HFA 3, and HFA 4

TAX INCREMENT FINANCING
(GIVENS, DAVID P.)

AN ACT relating to tax increment financing.

Amend KRS 154.30-010 for tax increment financing projects to include a calculation for modified new revenues for income tax which will account for future tax rate decreases;provide that this calculation is for state tax revenues received from individual income taxes on or after January 1, 2023, and is for projects approved prior to January 1, 2023.

  CURRENT STATUS

1/5/2023 - (S) Referred to Committee Senate Appropriations & Revenue (S)

MEDICINAL CANNABIS
(WEST, STEPHEN)

AN ACT relating to medicinal cannabis.

Create new sections of KRS Chapter 218A to define terms and establish a medicinal cannabis program; amend KRS 342.815 to establish that the Employer’s Mutual Insurance Authority shall not be required to provide coverage to an employer if doing so would subject the authority to a violation of state or federal law; amend KRS 216B.402 to require hospital emergency departments to report cases of cannabinoid hyperemesis syndrome to the Department of Alcoholic Beverage and Cannabis Control; amend KRS 218A.010, 218A.1421, 218A.1422, 218A.1423, and 218A.500 to conform; amend KRS 12.020, 12.252, 15.300, 15.380, 15.398, 15.420, 15A.340, 61.592, 62.160, 131.1815, 211.285, 241.010, 241.015, 241.030, 243.025, 243.0307, 243.038, 243.090, 243.360, 438.310, 438.311, 438.313, 438.315, 438.317, 438.320, 438.325, 438.330, 438.337, and 438.340 to change the name of the Department of Alcoholic Beverage Control to the Department of Alcoholic Beverage and Cannabis Control; some sections EFFECTIVE July 1, 2024. Senate Committee Substitute (1) Retain original provisions; delete references and provisions related to the Department for Alcoholic Beverage Control; establish the Cabinet for Health and Family Services as the entity responsible for implementing, administering, and overseeing the medicinal cannabis program; delete provisions related to pharmacists; establish list of qualifying medical conditions; require visiting qualified patients to provide documentation of having been diagnosed with a qualifying medical condition; revise the makeup of the Board of Physicians and Advisors; require Senate confirmation of members of the Board of Physicians and Advisors; establish cause of action for a registered qualified patient who is injured or defrauded by his or her designated caregiver; delete provisions related to landlords and rental agreements; require administrative regulations promulgated by state licensing boards and the Cabinet for Health and Family Services to be promulgated by July 1, 2024 instead of January 1, 2024; establish provisions to require the approval of a designated caregiver who has been appointed as a guardian, limited guardian, conservator, or limited conservator; require a qualified patient under the age of 18 to receive a confirmatory diagnosis from a practitioner other than the medicinal cannabis practitioner who provided the patient with a written certification for the use of medicinal cannabis; permit the Cabinet for Health and Family Services to retain application and licensure fees for administrative purposes; require the Cabinet for Health and Family Services to notify local governments of approved cannabis licenses for cannabis businesses that would be located inside the local governments jurisdiction; delete provisions related to a competitive application process for cannabis business licenses; delete provisions requiring the development of an electronic system for monitoring the medicinal cannabis program; establish provisions to permit the Kentucky Center for Cannabis to approve additional qualifying medical conditions; amend KRS 138.870 to exempt medicinal cannabis from the excise tax on marijuana; amend KRS 139.480 to exempt medicinal cannabis from the state sales tax; amend KRS 218A.202 to permit the use of the electronic monitoring system for controlled substances for monitoring the medicinal cannabis program; some sections EFFECTIVE January 1, 2025. Senate Floor Amendment (1) Permit employers to conduct assessments of impairment of an employee who is a cardholder from the use of medicinal cannabis; portions to begin January 1, 2025.

  CURRENT STATUS

3/31/2023 - SIGNED BY GOVERNOR; (Acts Ch. 146)

TEACHER CERTIFICATION
(DENEEN, MATTHEW)

AN ACT relating to teacher certification and declaring an emergency.

Amend KRS 161.048, relating to alternative methods of teacher certification, to change the provisional certification period from two to four years for Option 6 and Option 7; EMERGENCY. House Committee Substitute (1) Retain original provisions; allow any person receiving emergency teaching certification during the 2022-2023 school year to be eligible to renew that certification during the 2023-2024 school year.

  CURRENT STATUS

3/22/2023 - SIGNED BY GOVERNOR; (Acts Ch. 54)

KENTUCKY EDUCATIONAL EXCELLENCE SCHOLARSHIPS
(CARPENTER, JARED)

AN ACT relating to Kentucky educational excellence scholarships.

Amend KRS 164.7884 to define "proprietary school" and "qualified proprietary school program" and allow use of KEES funds for enrollment in a qualified proprietary school program; amend KRS 165.7879 to allow a student who attends an out-of-state high school or Department of Defense school due to a parent's military transfer to earn a KEES award if the student earned a base amount in a previous year at a Kentucky high school. House Committee Substitute (1) Retain original provisions; allow KEES to be used for a workforce solutions training program offered by the Kentucky Community and Technical College System and approved by the authority or at an eligible college of art and design; define "approved workforce solutions training program" and "eligible college of art and design."

  CURRENT STATUS

3/22/2023 - SIGNED BY GOVERNOR; (Acts Ch. 67)

COSMETOLOGY LICENSURE COMPACT
(MAYS BLEDSOE, AMANDA)

AN ACT relating to the Cosmetology Licensure Compact.

Create a new section of KRS Chapter 317A to adopt the Cosmetology Licensure Compact; create definitions; establish requirements for member states; require licensees to apply to their home state for a multistate license; establish criteria for applicants to apply for a multistate license; limit a licensee from a home state to possessing a multistate license in only one member state at a time; require a member state's licensing authority to cooperate with the commission and with each entity exercising independent regulatory authority over the practice of cosmetology; authorize a home state to impose adverse actions against a licensees multistate license issued by the home state; establish powers of remote states participating in the compact; allow an active duty military service member or their spouse to retain their home state designation during any period of service when that individual is on active duty; create the Cosmetology Compact Commission; authorize the commission to establish an executive committee to act on behalf of the commission; establish the responsibilities of the commission and executive committee; require the commission to develop, maintain, operate, and utilize a coordinated database and reporting system that contains licensure, adverse actions, and the presence of current significant investigative information on all licensed individuals in member states; establish procedures for dispute resolution between the commission and licensees; establish withdrawal procedures for member states; provide for severability for any provision in the compact that is contrary to the constitution of any party state or of the United States of the applicability thereof to any government, agency, person, circumstance. Senate Committee Substitute (1) Retain original provisions; require active military members or their spouses to designate a home state where the individual has a current license in good standing; allow active military members or their spouses to retain their Home State designation during any period of service when that individual or their spouse is on active duty; amend the titles of each article to conform with agreed upon compact language; make technical corrections.

  CURRENT STATUS

3/22/2023 - SIGNED BY GOVERNOR; (Acts Ch. 64)

UNIFORM COMMERCIAL CODE
(WESTERFIELD, WHITNEY)

AN ACT relating to the Uniform Commercial Code.

Repeal and reenact KRS 355.2-102 to establish transactions subject to provisions of article; amend various sections of Articles 2, 2A, 4A, and 9 of KRS Chapter 355 to remove writing requirements; amend KRS 355.2A-102 to establish when article applies to hybrid leases; amend definition of "negotiable instrument" in KRS 355.3-104; amend KRS 355.3-105 and 355.3-604 to accommodate electronic transactions; amend KRS 355.4A-201 to modify security procedure requirements relating to funds transfers; amend KRS 355.5-116 to establish governing law standards for letters of credit; amend KRS 355.7-106 and 355.8-106, repeal and reenact 355.9-105, and create new sections of Article 9 of KRS Chapter 355, to establish control requirements for electronic documents of title, security entitlements, records evidencing chattel paper, electronic money, controllable electronic records, controllable accounts, and controllable payment intangibles; amend governing law standards for certain securities transactions in KRS 355.8-110; amend KRS 355.9-104 to expand when a security party has control of a deposit account; amend KRS 355.9-204 to establish exception to after-acquired property clause limitation; amend governing law standards for banks and securities and commodity entities in KRS 355.9-304 and 355.9-305; create new sections of Article 9 of KRS Chapter 355 to establish certain perfection and priority jurisdictional rules for chattel paper, controllable electronic records, controllable accounts, and controllable payment intangibles; amend KRS 355.9-203, 355.9-207, 355.9-208, 355.9-209, 355.9-310, 355.9-312, 355.9-314, 355.9-316, 355.9-317, 355.9-330, 355.9-331, 355.9-332, 355.9-406, 355.9-408, 355.9-605, and 355.9-628, and create new sections of Article 9 of KRS Chapter 355, to govern security interests in controllable electronic records, electronic money, controllable accounts, controllable payment intangibles, electronic documents, and chattel paper; amend KRS 355.9-323 to remove exception for buyers and lessees in the ordinary course of business relating to certain future advances clauses; amend notification of disposition of collateral requirements in KRS 355.9-613 and 355.9-614; establish a new Article 12 of KRS Chapter 355, titled "Controllable Electronic Records"; establish definitions, scope, purchaser rights, control requirements, debtor discharge obligations, and jurisdictional rules relating to controllable electronic records, controllable accounts, and controllable payment intangibles; create a new section of Article 11 of KRS Chapter 355; title Article 11 "Transitional Provisions for Uniform Commercial Code Amendments (2022)"; establish definitions and transitional provisions for transactions, liens, and interests entered, created, or acquired before the effective date of this Act; amend various sections of Articles 1, 2, 2A, 3, 5, 7, 8, and 9 of KRS Chapter 355 to make definitional revisions and conforming amendments; amend KRS 367.976 and 369.116 to conform; make technical corrections throughout; EFFECTIVE January 1, 2024.

  CURRENT STATUS

3/15/2023 - House Judiciary (H), (Bill Scheduled for Hearing)

DEFICIENT ADMINISTRATIVE REGULATIONS
(WEST, STEPHEN)

AN ACT relating to deficient administrative regulations and declaring an emergency.

Create a new section of KRS Chapter 13A to nullify an administrative regulation and any subsequently filed amendments after that administrative regulation was found deficient during the 2022 legislative interim; EMERGENCY. Senate Committee Substitute (1) Retain original provisions; create a new section of KRS Chapter 13A to nullify both the emergency and ordinary versions of three administrative regulations relating to Medicaid services after those administrative regulations were found deficient during the 2023 Regular Session of the General Assembly. House Committee Substitute (1) Retain original provisions; create a new section of KRS 13A to nullify the emergency version of the administrative regulation, 201 KAR 2:380 on Board Authorized Protocols. FCCR 1 Adopt the provisions of SB 65/HCS1; require the Department for Medicaid Services to reimburse providers under the fee schedule in effect as of January 1, 2023, for services rendered or initiated prior to the effective date of the Act; confirm that voided administrative regulations relating to Medicaid providers do not prevent the department from covering services initiated prior to the effective date of the Act; authorize the department to increase reimbursement rates after the effective date of the Act for dental, hearing, and vision services that were covered before January 1, 2023.

  CURRENT STATUS

3/29/2023 - Filed with Secretary of State; (Acts Ch. 137)

PRESCRIPTION DRUGS
(MEREDITH, STEPHEN)

AN ACT relating to prescription drugs.

Amend KRS 304.17A-164 to establish cost-sharing requirements for prescription drugs; require rebates to be passed through; establish confidentiality requirements for the rebate information; create a new section of KRS 365.880 to 365.900 to provide that the actual amount of rebates received is a trade secret; provide that compliance with the prescription drugs cost-sharing and rebate requirements shall not be in violation of the Uniform Trade Secrets Act; create a new section of Subtitle 17C of KRS Chapter 304 to apply the cost-sharing and rebate requirements for prescription drugs to limited health service benefit plans and limited health service contracts; create a new section of Subtitle 38A of KRS Chapter 304 and amend KRS 18A.225 and 164.2871 to require limited health service organizations, the state employee health plan, and self-insured employer group health plans provided by the governing board of a state postsecondary education institution to comply with the cost-sharing and rebate requirements for prescription drugs; apply provisions to health plans issued or renewed on or after January 1, 2024; EFFECTIVE January 1, 2024.

  CURRENT STATUS

2/9/2023 - (S) Referred to Committee Senate Banking & Insurance (S)

PERFORMANCE BASED PROFESSIONAL DEVELOPMENT
(GIVENS, DAVID P.)

AN ACT relating to a pilot program for performance-based professional development.

Amend KRS 156.560 to implement the performance-based professional development pilot project from the 2023-2024 school year through the 2025-2026 school year; require the Kentucky Department of Education to report on the project by August 1, 2027.

  CURRENT STATUS

3/21/2023 - SIGNED BY GOVERNOR; (Acts Ch. 40)

RIGHTS OF PARENTS IN PUBLIC SCHOOLS
(TICHENOR, LINDSEY)

AN ACT relating to education.

Create new sections of KRS Chapter 158 to define terms; make legislative findings and declarations on the rights of parents as it relates to public schools and establish a standard to protect those rights; require public schools to establish a process to receive complaints of violations; create a cause of action for violations and establish limitations; establish specific parental rights as related to public schools; require public schools to adopt policies to protect those rights; require the Kentucky Department of Education to eliminate administrative regulations in violation and develop recommended policies to public schools for compliance; make findings and declarations related to privacy of parents and children and require public schools to adopt policies to safeguard those rights; establish a cause of action for a child encountering a person of the opposite biological sex while in a location where there is a reasonable expectation of bodily privacy; create a cause of action for those who are forced by a public school to share private quarters with specific people of the opposite biological sex and provide exclusions; make findings and declarations relating to controversial subject matter in common schools; establish a parental right of not having a child indoctrinated into any political position or being involved in advocacy in a controversial subject matter; establish limitations on school personnel related to instruction and discussion on sexual orientation, sexual preference, or gender expression; establish limitations on school personnel advocacy in the scope of employment and actions based on the immutable characteristics of students; prohibit compelling school personnel to advocate for or against anything in opposition to sincerely held beliefs and convictions; require public schools to adopt enforcement policies; establish limitations; establish a parental right to expect a child not be exposed to or given access to harmful to minors, pervasively vulgar, or obscene matter or performance or obscene imagery representing minors; require that public schools adopt policies to protect that right by making those materials and performances inaccessible and prohibit matters and performances harmful to minors, drag performances, pervasively vulgar performances, obscene performances, and any performance involving sexual conduct, nudity, or stripping; provide that none of the materials identified shall be deemed to have educational value for minors; establish limitations; amend KRS 158.148 to establish a parental right to expect a child will not be bulled at school and require public schools adopt policies to ensure notification and support of bullying victims, require an order of reporting to staff, require specific time requirements for investigations; provide for an appeal and review of incidents; require identification of actions to prevent future acts of bullying or retaliation; require procedures for supporting victims; establish a short title of the Childhood Protection in Education Act.

  CURRENT STATUS

2/10/2023 - (S) Referred to Committee Senate Education (S)

HEALTHCARE WORKFORCE
(MEREDITH, STEPHEN)

AN ACT relating to the healthcare workforce, making an appropriation therefor, and declaring an emergency.

Create new sections of KRS 164 to define terms; establish the Kentucky healthcare workforce investment fund to enable the Council on Postsecondary Education (CPE), healthcare programs, and healthcare providers and facilities to match public and private dollars for the purpose of awarding scholarships to eligible students and healthcare incentives to eligible healthcare programs; provide that the moneys in the fund appropriated by the General Assembly shall lapse after the second year in a biennium budget; direct CPE to promulgate regulations to administer the Act; require at least 65% of all net moneys in the fund to be used to fund partnership proposals between healthcare programs and healthcare partners to issue scholarships to students enrolled in the healthcare program; require CPE to establish a process to prioritize certain partnership proposals; require a written partnership contract and establish the minimum contents; require that scholarships be issued directly to students and establish employment requirements for recipients; permit a healthcare partner to contract for additional employment restrictions; provide that individuals on the nurse aide abuse registry are not eligible for scholarships; require that up to 35% of moneys in the fund shall be reserved for healthcare program incentives to award excellence in healthcare programs; establish the criteria for CPE to consider in awarding healthcare program incentives; require that the healthcare program incentives be competitive; restrict the use of healthcare program incentive awards; require CPE to report to specific interim joint committees annually; establish the minimum contents of the report; require public postsecondary educational institution to report to specific committees annually; establish the minimum contents of the report; APPROPRIATION; EMERGENCY.

  CURRENT STATUS

2/14/2023 - (S) Referred to Committee Senate Appropriations & Revenue (S)

STATE MANAGEMENT OF EDUCATION
(WILSON, MIKE)

AN ACT relating to the state management of education and declaring an emergency.

Create a new section of KRS Chapter 156 to establish the Board of Education Nomination Committee, set requirements for appointees, and term limitations; amend KRS 156.148 to require the commissioner of education to be subject to Senate confirmation in accordance with KRS 11.160; require the commissioner of education to be subject to an annual review by the Kentucky Board of Education; provide that the commissioner of education shall serve for a defined employment contract term not to exceed 4 years; amend KRS 156.029 to prohibit ex officio and nonvoting members of the Board of Education from being represented by proxy at any meeting. Senate Committee Substitute (1) Retain all original provisions; EMERGENCY. Senate Floor Amnemdnert (1) Retain original provisions; amend to reduce the term of Board of Education Nominating Committee members from six to four years. House Committee Substitute (1) Retain original provisions; prohibit ex officio and nonvoting members of the Board of Education from being represented by proxy at any meeting; amend KRS 156.148 to require the appointment of the commissioner of education to be subject to Senate confirmation in accordance with KRS 11.160; set a four year term limit for the commissioner of education.

  CURRENT STATUS

3/29/2023 - Filed with Secretary of State; (Acts Ch. 134)

INVESTMENT ADVISORS
(MCDANIEL, CHRISTIAN)

AN ACT relating to investment advisers.

Amend KRS 292.330 to establish registration exemptions for investment advisers; create a new section of KRS Chapter 292 to establish a registration exemption for private fund advisers; establish requirements for the exemption; direct where filings shall be made; require investment advisers to comply with registration requirements within 90 days of becoming ineligible for exemption; permit the commissioner of the Department of Financial Institutions to waive certain provisions. Senate Committee Substitute (1) Retain original provisions, except restore existing law relating to exemption of investment advisers with no place of business in this state.

  CURRENT STATUS

4/11/2023 - VETOED BY GOVERNOR

RECOVERY OF MEDICAL COSTS
(WESTERFIELD, WHITNEY)

AN ACT relating to recovery of medical costs in tort actions.

Amend KRS 411.182 to limit recoverable medical costs to amounts owed in tort actions.

  CURRENT STATUS

3/1/2023 - (S) Referred to Committee Senate Judiciary (S)

SUBSTITUTE TEACHER CERTIFICATION
(TICHENOR, LINDSEY)

AN ACT relating to substitute teacher certification.

Amend KRS 161.102 to require the Education Professional Standards Board to issue substitute teacher certificates based on education attained; specify what type of employment the certificates are valid for.

  CURRENT STATUS

3/10/2023 - (H) Referred to Committee House Education (H)

CHILDREN
(WISE, MAX)

AN ACT relating to children.

Create a new section of KRS Chapter 158 to establish definitions; require specific parental notifications from public schools; require school districts to adopt specific procedures related to parental rights; limit authority of the Kentucky Board of Education and Kentucky Department of Education in relation to parental rights and a student's use of pronouns; prohibit district or school policies with the intent of keeping student information confidential for parents; prohibit a school district from requiring school personnel or pupils to use pronouns for students that do not conform to that student's biological sex; provide school districts and district personnel authority to seek emergency medical services for a student; provide conditions for student confidentiality; amend KRS 158.1415 to establish requirements for any public school's course, curriculum, or program on the subject of human sexuality. Senate Committee Substitute (1) Retain original provisions; exclude academic and career counseling from "mental health services;", provide that notification relating to services be focused on human sexuality, contraception, or family planning; include requirement that specific questionnaires or screening forms given to a child receive parental consent and review and forbid general consent; allow district personnel to seek or provide emergency medical or mental health services pursuant to district policy; and specify that nothing in Section 1 shall remove the duty to report a dependent child or abused or neglected child due to risk of physical or emotional injury.

  CURRENT STATUS

3/29/2023 - Filed with Secretary of State; (Acts Ch. 132)

EMPLOYER LIABILITY
(WEST, STEPHEN)

AN ACT relating to employer liability.

Create a new section of KRS Chapter 336 to prohibit a private employer from receiving statutory liability protection if that employer institutes a mandatory workplace vaccination policy; create a civil cause of action.

  CURRENT STATUS

2/21/2023 - (S) Referred to Committee Senate Economic Development, Tourism, & Labor (S)

STATEWIDE READING RESEARCH CENTER
(WEST, STEPHEN)

AN ACT relating to a statewide reading research center.

Amend KRS 164.0207 to establish a statewide reading research center; direct the center and the Kentucky Department of Education to establish anual goals and performance objectives; require KDE to make annual programming and funding recommendations for the center; require KDE to select the center through a competitive proposal process by July 1, 2024, for a five-year contract; amend KRS 151B.406, 151B.409, 154A.130, 156.553, 158.305, 158.792, 158.840, and 164.035 to conform; make Sections 1 through 9 of the Act take effect July 1, 2024. Senate Committee Substitute (1) Retain original provisions, except amend KRS 158.305 to require superintendents and public charter school boards to adopt a common comprehensive reading program that is determined by the department to be reliable, valid, and aligned to required reading and writing standards.

  CURRENT STATUS

3/22/2023 - SIGNED BY GOVERNOR; (Acts Ch. 55)

JUVENILE JUSTICE
(GIVENS, DAVID P.)

AN ACT relating to juvenile justice and making an appropriation therefor.

Direct the office of the Auditor of Public Accounts to enter into a contract with a third party to conduct a performance review of the Department of Juvenile Justice within the Justice and Public Safety Cabinet; establish the authority of the third-party entity and the scope of the review; APPROPRIATION. Senate Floor Amendment (1) Require local law enforcement agencies to be included in the scope of the performance review.

  CURRENT STATUS

3/14/2023 - House Appropriations & Revenue (H), (Bill Scheduled for Hearing)

AMEND CONSTITUTION OF KENTUCKY RELATING TO RESTORATION OF RIGHTS
(STORM, BRANDON J.)

AN ACT proposing an amendment to Section 145 of the Constitution of Kentucky relating to restoration of rights.

Propose to amend Section 145 of the Constitution of Kentucky to automatically restore the voting rights of persons convicted of certain felonies upon completion of their imprisonment, probation, or parole and automatically restore their civil rights three years after completion of their imprisonment, probation, or parole; provide ballot language; submit to voters for ratification or rejection.

  CURRENT STATUS

2/21/2023 - (S) Referred to Committee Senate State & Local Government (S)

INVESTOR-OWNED ELECTRIC UTILITIES
(WHEELER, PHILLIP)

AN ACT relating to investor-owned electric utilities.

Create new sections of KRS Chapter 278 to define terms; give permissive authorization to an investor-owned electric utility to apply to the Public Service Commission to finance though securitization both extraordinary costs and costs associated with the retirement of electric generation of more than $200 million dollars for a single regulatory asset or more than $275 million for multiple regulatory assets; prescribe the contents of an application for a financing order; prescribe the way proceedings of the commission will handle applications for financing orders; require a decision of the commission on securitization to be predicated on fair, just, and reasonable and the public interest of the utility customers; allow for securitization of deferred costs, judicial review, obtaining advisors and other consultants; require the commission to make a decision in 180 days; establish an issuance advice letter process; prescribe the contents of a financing order; establish the method for the utility to put a securitization surcharge on customer bills and make the charge irrevocable; establish a formula-based true-up mechanism for reconciling over collection or under collection of the surcharge; establish a method of tracing funds; allow the commission to issue a disapproval letter to stop the issuance of securitized bonds; make the financing order effective regardless of reorganization, bankruptcy, or other insolvency proceedings of an electric utility; allow for refunding bonds through a subsequent financing order; allow for the transfer of securitized property and interests in the property to others and maintain the property right and interest until the securitized bonds are paid in full; allow for sequestration of payment by a court and create a priority of liens, perfection, and enforcement; require the lien to be recorded in the Office of the Secretary of State and allow for a right to sue; state that securitized bonds are not a debt of the Commonwealth or any other agency of the state and there is no requirement to levy taxes or make appropriations to pay off securitized bonds; require that the bonds are not a debt of the electric utility; create a list of prohibited actions by state agencies; identify agents that are not allowed to invest in the bonds; clarify that an assignee of financing party is not an electric utility; allow severability if any provision is invalidated. Senate Floor Amendment (1) Delete language pertaining to early retirement and abandonment of a facility; add clarifying language requiring the surcharge and other rates be fair, just, and reasonable; create a submission deadline for filing applications for a financing order; allow for the financing order to contain authorization to change the method of tracing funds received by the utility under securitization; change the monthly review of the surcharge to a semiannual review; add lien to language dealing with security interests in securitized property; clarify the value of the securitized property is from a grant of security interest; clarify that the transfer of securitized property is a transaction free and clear; bind the Public Commission and the Commonwealth to the final order regarding the financing order; make grammatical and technical corrections.

  CURRENT STATUS

3/23/2023 - SIGNED BY GOVERNOR; (Acts Ch. 72)

DISCIPLINE OF STUDENTS
(WEST, STEPHEN)

AN ACT relating to discipline of students.

Amend KRS 158.150 to provide a local school board the option to place a student in an alternative program or setting in lieu of expulsion; provide that students placed in an alternative program or setting shall be counted in attendance and membership for school funding purposes; require an annual review of the student's alternative placement; require a local school board to to review an expulsion 30 days prior to end date to determine if an expulsion shall end or continue. Senate Committee Substitute (1) Retain original provisions, except designate the superintendent to determine if a student should be placed in an alternative program instead of the board.

  CURRENT STATUS

3/10/2023 - (H) Referred to Committee House Education (H)

BIOSOLIDS
(HIGDON, JIMMY)

AN ACT relating to biosolids.

Create a new section of Subchapter 50 of KRS Chapter 224 to require the Energy and Environment Cabinet to promulgate new administrative regulations to regulate biosolids from wastewater treatment at a publicly owned treatment works in conformity with and no more stringent than federal standards under 40 C.F.R. pt. 503. Senate Committee Substitute (1) Retain original provisions, except extend date by which the cabinet is required to promulgate administrative regulations from thirty days to sixty days after the effective date of the Act; specify that the administrative regulations shall be in conformance with 40 C.F.R. pt. 503 regarding to siting criteria and permitting conditions necessary to regulate the disposal of biosolids.

  CURRENT STATUS

3/20/2023 - SIGNED BY GOVERNOR; (Acts Ch. 22)

PERSISTENT FELONY OFFENDERS
(STORM, BRANDON J.)

AN ACT relating to persistent felony offenders.

Amend KRS 532.080 to define "violent act against a person"; provide that a jury may fix an enhanced term of imprisonment when they find a defendant to be a persistent felony offender; remove the condition that an offender completed service of the sentence they were imposed within five years prior to the date of the felony that he or she now stands convicted; allow a person who is found to be a persistent felony offender in the first degree who is presently convicted of a Class A, B, or C felony to be eligible for parole if the offense was not violent or a sex crime; prohibit the conviction of possession of a controlled substance in the first degree as a prior felony; amend KRS 439.3405 to conform; RETROACTIVE.

  CURRENT STATUS

3/3/2023 - (S) SECOND READING, to Rules

ENVIRONMENTAL PERMITTING
(TURNER, JOHNNIE)

AN ACT relating to environmental permitting.

Create a new section of Subchapter 16 of KRS Chapter 224 to require the Energy and Environment Cabinet, when issuing permits under the Clean Water Act for discharges into outstating state resource waters, to presume that water quality will be maintained if the permittee complies with technology-based effluent limitations for its industry or with species-specific protection measures imposed on its operations by another state or federal agency, give substantial weight to evidence that discharges from similar operations have not impacted the same or similar threatened or endangered species, not impose conditions that are more stringent than United States Fish and Wildlife Service requirements to protect a threatened or endangered aquatic organism or habitat, presume that compliance with numeric water quality standards applicable to the discharge shall constitute compliance with narrative water quality standards applicable to outstanding state resources waters that support threatened or endangered species; require the Energy and Environment Cabinet to clearly document its compliance with the requirements of the section in the fact sheet for the permit; provide that failure to clearly and adequately document compliance with the requirements of the section shall result in a stay in permit conditions for permits based on a narrative water quality standard for an outstanding state resource water upon the filing of a petition for an administrative hearing; amend KRS 224.10-225 to allow an applicant for a surface coal mining and reclamation operation to request for one stop shopping for environmental permits; provide that failure of the Energy and Environment Cabinet to adhere to the timelines for Clean Water Act permitting issuances shall constitute the making of a final determination, which shall allow the applicant to initiate an action in the Circuit Court for the county where the surface coal mining and reclamation operation is located or initiate an administrative hearing; define surface coal mining operations; amend KRS 224.16-050 to require the Energy and Environment Cabinet, when making a Clean Water Act Section 401 certification, to notify an applicant within 30 days of receiving an application if the application is incomplete; provide that if the application is incomplete, allow the applicant an additional 30 days to complete the application; provide that after receiving a complete application, the Energy and Environment Cabinet shall make a certification determination within 60 days; provide that if the certification determination is not made within 60 days, then the certification requirements are waived unless a time extension is otherwise agreed upon; provide that Clean Water Act Section 401 certifications shall be limited to water quality impacts from the discharge only; strike the requirement that the Governor must make a finding that the permitted activity would be in the best interests of the Commonwealth before the Energy and Environment Cabinet could engage in permitting and certification for the activity; prohibit the Energy and Environment Cabinet from delaying the issuance of a Clean Water Act permit based on the need or receipt of any other federal, state, or local permit or certification.

  CURRENT STATUS

3/29/2023 - Filed with Secretary of State; (Acts Ch. 138)

PUBLIC CONTRACTS
(GIVENS, DAVID P.)

AN ACT relating to public contracts.

Create new sections of KRS Chapter 45A to require the Finance and Administration Cabinet to collect and maintain race and ethnicity data for certain contracts; establish standards for race and ethnicity data collection; require a business to self-report race and ethnicity data; prohibit race and data collected from being used in the process to award state contracts listed under KRS 45A.075; require that race and data collected from businesses shall only be used for reporting requirements; require the Finance and Administration Cabinet to submit an annual report to the Commission on Race and Access to Opportunity; outline report requirements; EFFECTIVE in part July 1, 2024.

  CURRENT STATUS

3/8/2023 - Senate State & Local Government (S), (Bill Scheduled for Hearing)

PUBLIC WATER AND WASTEWATER SYSTEMS
(WHEELER, PHILLIP)

AN ACT relating to the regionalization of public water and wastewater systems.

Amend KRS 224A.011 to define "asset management plan" and "merger"; amend KRS 224A.300 to clarify the goal of offering secure water and adding managerial and technical resources as needed resources for the improvement of infrastructure for the security and safety of water systems; require the Energy and Environment cabinet to provide technical support to the Kentucky Infrastructure Authority; amend KRS 224A.302 to make technical corrections; amend KRS 224.304 to rename an account in the infrastructure revolving fund and add to the purpose of the account to encourage regionalization, merger and consolidation of water and wastewater systems; amend KRS 224A.306 to make technical corrections, delete the requirement for one governmental agency water system be a partner in the merger, or consolidation; amend KRS 224A.308 to require the Kentucky Infrastructure Authority to help water systems develop or maintain asset management plans; amend KRS 224A.310 to conform and add wastewater to an incentive program targeting water systems with high debt and other problems; amend KRS 224A.312 to conform and make technical corrections; amend KRS 224A.316 to identify resiliency as a goal for the water systems and upgrade systems to prevent inflow and infiltration; give priority to funding projects that are regional; amend KRS 224A.318 to make technical corrections; amend KRS 151.603 to establish planning cycles in 5 year increments beginning in 2025; amend KRS 151.601 and 151.605 to make technical corrections; amend KRS 151.607 to make technical corrections and clarify projects that are regional have priority ranking and the goals are to consolidate or merge management and operations; repeal KRS 224A.314, relating to the study of water resource potential. Senate Floor Amendment (1) Make the purpose of the Infrastructure Revolving Fund to enhance the effectiveness, reliability, and resilience of water and wastewater systems and use regionalization, merger, and consolidation as one of many tools rather than the primary tool; delete the Kentucky Infrastructure Authority having authorization to reprioritize the water plans from area development districts based on regionalization and merger content.

  CURRENT STATUS

4/6/2023 - SIGNED BY GOVERNOR; (Acts Ch. 179)

JUVENILE JUSTICE TASK FORCE
(CARROLL, DANNY)

A CONCURRENT RESOLUTION establishing the Juvenile Justice Task Force.

Create the Juvenile Justice Task Force to investigate and make recommendations regarding various aspects of the juvenile justice program; specify duties of the task force; outline membership; require task force to submit findings and recommendations to the Legislative Research Commission by December 1, 2023.

  CURRENT STATUS

3/13/2023 - (S) WITHDRAWN

NUCLEAR ENERGY DEVELOPMENT WORKING GROUP
(CARROLL, DANNY)

A JOINT RESOLUTION establishing the Nuclear Energy Development Working Group.

Establish the Nuclear Energy Development Working Group; attach the working group to the Energy and Environment Cabinet for administrative purposes and staff support; establish the membership of the working group; designate the executive director for the Office of Energy Policy as the chair; require the working group to hold its first meeting no later than September 1, 2023; require the working group to meet at least 3 times before submitting its required report; require the working group to identify the barriers to the deployment of nuclear power generation and related technologies and to consult with stakeholders to develop recommendations for the role of a permanent nuclear energy commission to be established in state government; require the working group to submit a report to the Governor and to the Legislative Research Commission on or before December 1, 2023, detailing all work group activity since its establishment and providing recommendations for the creation of a permanent nuclear energy commission in state government; REPORT MANDATED. Senate Floor Amendment (1) Increase the membership of the Nuclear Energy Development Working Group by adding two representatives from cooperative electric generation and transmission utilities and one representative from the Nuclear Energy Institute.

  CURRENT STATUS

3/17/2023 - SIGNED BY GOVERNOR; (Acts Ch. 18)