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Legislative Report July 15, 2024
Prepared by: Kentucky League of Cities
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)

BOWLING GREEN VETERANS CENTER
(MEREDITH, MICHAEL)

AN ACT relating to the Bowling Green Veterans Center, making an appropriation therefor, and declaring an emergency.

Provide General Fund moneys in the amount of $16,630,000 in fiscal year 2022-2023 from the Budget Reserve Trust Fund Account to the Department of Veterans' Affairs for construction of the Bowling Green Veterans Center; APPROPRIATION; EMERGENCY.

  CURRENT STATUS

2/15/2023 - SIGNED BY GOVERNOR; (Acts Ch. 2)

MERCHANT ELECTRIC GENERATING FACILITIES
(BRANSCUM, JOSHUA)

AN ACT relating to merchant electric generating facilities and making an appropriation therefor.

Amend KRS 278.702 to provide that the terms of service for the ad hoc members of the Kentucky State Board on Electric Generation and Transmission Siting end when the merchant electric generating facility for which they were appointed has been constructed and has begun generating electricity for sale or its construction certificate expires; amend KRS 278.704 to lengthen the period of time that a construction certificate for a merchant electric generating facility is valid from 2 years to 3 years; include decommissioning requirements within the requirements over which local planning and zoning requirements shall have primacy; remove outdated language; amend KRS 278.706 to require that a decommissioning plan be included in an application for construction of a merchant electric generating facility; establish minimum requirements for a decommissioning plan; require as part of a decommission plan that a bond or similar security be secured to assure that the decommissioning plan is accomplished; establish requirements for how the bond is set and how the beneficiaries of the bond are to be determined; require that certain components of the decommissioning plan be incorporated into the construction certificate applicant's leases with landowners; amend KRS 278.708 to reference the transfer of the enforcement authority for mitigation measures that are conditions of application approval from the board to the Energy and Environment Cabinet; amend KRS 278.710 to include whether the decommissioning plan is complete and complies with the requirements of the Act in the criteria for approval of a construction certificate for a merchant electric generating facility; require a person that has received a construction certificate for a merchant electric generating facility file with the Energy and Environment Cabinet the copy of the bond or similar security no later than the date that construction commences for the facility; require that an updated copy of the bond or similar security be refiled at least once every 5 years thereafter; require notice to be filed with the Energy and Environment Cabinet when the construction of the merchant electric generating facility is complete and has begun producing electricity for sale; require that notice be given of any transaction involving the sale or transfer of ownership of the facility to the Energy and Environment Cabinet and local officials within 10 days of finalizing the transaction; require a person who has acquired a merchant electric generating facility to file with the Energy and Environment Cabinet written consent to assume the obligations in the decommissioning plan for the facility and to adopt or replace the required decommissioning bond; provide that the transferor of control of a merchant electric generating facility remain liable for its decommissioning obligations until the transferee completes the documentation required by the Act and the secretary of the Energy and Environment cabinet accepts it as complete; provide that application approval conditions that require approval of transfer of control shall be void and unenforceable, subject to the requirements of the section; provide that after the application for a construction certificate for a merchant electric generating facility has been approved, the bond required by the Act has been posted, the facility has been constructed, and it has begun generating electricity for sale, the secretary of the Energy and Environment Cabinet shall ensure the facility's ongoing compliance with the requirements of KRS 278.700 to 278.716 and the conditions of its construction certificate approval, including updating its decommissioning plan and bond amounts at least once every 5 years; transfer the enforcement authority for mitigation measures that are conditions of application approval from the board to the Energy and Environment Cabinet once the facility is constructed and begins generating electricity for sale; require that while the electric merchant generating facility is operational, if solar panels are removed and discarded, the discarded solar panels be removed from the site within 90 days of the completion of the work; amend KRS 278.718 to provide that an ordinance, permit, or license issued by a local government shall have primacy over the requirements of KRS 278.700 and Sections 2, 3, and 4 of this Act; amend KRS 224.10-100 to authorize the Energy and Environment Cabinet to monitor and enforce compliance of merchant electric generating entities with the requirements of the Act; authorize the Energy and Environment Cabinet to draw upon a decommissioning bond or other similar security for which it is named a beneficiary to complete an approved decommissioning plan; amend KRS 224.99-010 to give jurisdiction to the Circuit Court in any county where a merchant electric generating facility is located for actions arising from or related to certain provisions of the Act; allow for a civil penalty not to exceed $2,500 per day to be imposed for violation of the bonding and bond transfer requirements in the Act; allow for the suspension of a merchant electric generating facility's operations for failing to pay civil penalties or complying with the bonding transfer requirements of the Act; allow for the decommissioning of the facility if it is still noncompliant after 90 days of suspension of its operation; create a new section of Subchapter 10 of KRS Chapter 224 to require that if a merchant electric facility fails to complete its decommissioning plan within 18 months of ceasing to produce electricity for sale, then the cabinet shall draw upon the decommissioning bond and implement the decommissioning plan; require the Energy and Environment Cabinet within 90 days of the effective date of the Act to promulgate administrative regulations to establish the monitoring and enforcement of the bonding and bond transfer requirements of the Act; allow the Energy and Environment Cabinet to establish a fee structure to cover the costs of its enforcement responsibilities; establish the merchant electric generating facility monitoring and enforcement fund to receive the fees and penalties collected by the Energy and Environment Cabinet pursuant to their monitoring and enforcement responsibilities under the Act; require that the funds collected only be used to defray the Energy and Environment Cabinet's costs related to their monitoring and enforcement responsibilities under the Act; require that all expenses for the determination of the bond amount and for the procurement of decommissioning services by the Energy and Environment be paid by the owner of the merchant electric generating facility; APPROPRIATION. Senate Committee Substitute (1) Retain original provisions; require that a merchant electric generating facility decommissioning plan include removal of above-ground and below-ground facilities to a depth of three feet and to leave interconnection facilities unless otherwise requested by the landowner; require noncancelable bonds to ensure decommissioning only if they are available; require notice by the surety if a bond will be lapsing or canceled and allow for an opportunity for the stakeholders to cure the lapse or cancellation; clarify that lease terms with the landowner are not discretionarily accommodated by the applicant; specify that the secretary of the Energy and Environment Cabinet shall review decommissioning plans and bonds once every five years, including those required by local ordinance, permit, or license; authorize the Secretary of the Energy and Environment Cabinet to extend the time period for removing discarded solar panels upon request of the facility owner-operator. Senate Floor Amendment (1) Specify that decommissioning plans provide for the removal of underground components and foundations for above-ground components of merchant electric generating facilities to a depth of three feet unless otherwise agreed to by the parties; specify that additional lease ter

  CURRENT STATUS

3/30/2023 - delivered to Secretary of State (Acts Ch. 140)

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)

ECONOMIC RELIEF FOR LOCAL COMMUNITIES
(HEATH, RICHARD)

AN ACT relating to economic relief for local communities of the Commonwealth and making an appropriation therefor.

Create new sections of KRS Chapter 147A to enable the Department for Local Government to enter a partnership with the Kentucky Council of Area Development Districts for create and administer the Government Resources Accelerating Needed Transformation Program; define terms; require the Department for Local Government in partnership with the Kentucky Council of Area Development Districts to create and administer the program; establish the duties of the Department for Local Government and the Kentucky Council of Area Development Districts in the implementation of the program; establish a sunset provision of December 31, 2026; establish requirements for grant applications; create a fund for the program; establish project evaluation and scoring requirements; establish program reporting requirements; cite as the Government Resources Accelerating Needed Transformation Act. House Committee Substitute (1) Retain original provisions; amend the definition of "eligible project" to include projects on private property that are in the public interest and for a public purpose and that benefit a priority community; make technical corrections; APPROPRIATION.

  CURRENT STATUS

4/7/2023 - SIGNED BY GOVERNOR; (Acts Ch. 186)

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)

SPECIAL LICENSE PLATES
(WESLEY, BILL)

AN ACT relating to special license plates.

Create a new section of KRS Chapter 186 to create an EMS special license plate; limit eligibility to certain licensed EMS personnel or retirees with 20 years of service; specify that the EMS plate requires no minimum number of applications prior to production; amend KRS 186.162 to establish the fees for the EMS special license plate, including an additional contribution to the Kentucky EMS Memorial Foundation; amend KRS 186.166 to update the list of special license plates to be perpetually produced; EFFECTIVE January 1, 2024.

  CURRENT STATUS

3/9/2023 - (H) Referred to Committee House Transportation (H)

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

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)

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

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

KENTUCKY PUBLIC PENSIONS AUTHORITY
(TIPTON, JAMES)

AN ACT relating to the Kentucky Public Pensions Authority.

Amend various sections of KRS Chapters 16, 61, and 78 to make housekeeping changes relating the Kentucky Public Pensions Authority's (KPPA) administration of the systems governed by the Kentucky Retirement Systems (KRS) and the County Employees Retirement System (CERS) boards of trustees; amend KRS 16.505, 61.510, and 78.510 to make various changes and additions to definitions; amend KRS 61.525 and 78.540 to remove outdated language and comply with federal law regarding membership; repeal, reenact, and amend KRS 16.652, 61.546, and 61.692 in response to the Supreme Court decision voiding 2018 RS SB 151 and make technical changes; amend KRS 61.552 to require Tier 3 members to remit employee contributions before receiving military service credit; change references to participation date to "membership date" to conform to 2021 amendments; amend KRS 61.569 to set forth process for repayment of employee contributions after a member's employment is reinstated by order of a court or tribunal; amend KRS 61.590 to define "employment" as used in provisions requiring notice of retirement; amend KRS 61.615 to permit KPPA to employ vocational experts to review and evaluate employment information in disability review cases, remove review of physical exertion requirement when disability is due solely to a mental illness, require only one medical examiner or vocational expert to conduct annual disability reviews; make technical changes; amend KRS 61.625 regarding procedures for members who receive a refund in error or who have taken a refund and subsequently have their reemployment reinstated; amend KRS 61.637 and 78.5540 to conform with respect to the process for repayment of employee contributions after a member's employment is reinstated by order of a court or tribunal and the requirements of a three month break in service for retired members returning to work with the same employer as an independent contractor or leased employee; amend KRS 61.645 and 78.782 to permit voting by telephone in trustee elections; change name of annual report to Annual Comprehensive Financial Report (ACFR) to conform to national standard naming convention; make technical corrections; amend KRS 61.650 to make a housekeeping change; amend KRS 61.665 to change the process for the review of disability applications to permit only one medical examiner to review initial applications; provide that if a member is approved for disability, no additional reviews are required, and if not approved, a process using up to two more examiners shall be employed; amend KRS 61.705 and 78.5538 to provide that the death benefit of $5,000 is payable to a beneficiary of member, not the member, and is not subject to garnishment unless the beneficiary is the member's estate or there is an overpayment of benefits or outstanding balance owed to the system; amend KRS 61.652, 61.505, 61.685, 61.702, 78.530, 78.5536, and 78.852 to conform and make technical changes. House Committee Substitute (1) Retain original provisions, except: delete changes to definition of "system" in KRS 16.505, 61.510, and 78.510; delete amendments to KRS 61.637 and 78.5540 relating to independent contractors and leased employees; delete amendment to KRS 61.590 defining "employment"; amend KRS 78.510, 78.640, and 78.852 to conform with prior legislation.

  CURRENT STATUS

3/29/2023 - (S) Referred to Committee Senate State & Local Government (S)

ELECTIONS
(LOCKETT, MATT)

AN ACT relating to elections.

Amend KRS 67.060 to require the office of county commissioner to have a partisan primary or partisan election; amend KRS 83A.040 to require the office of mayor and legislative body members to have a partisan primary or partisan election; amend KRS 83A.045 to require all city offices to have a partisan primary or partisan election; amend KRS 83A.100 to require the city ward to have a partisan primary or partisan election; amend KRS 160.200 to require the offices of boards of education to have a partisan primary or partisan election; amend KRS 160.210 to require school board candidates to have emblems of political party affiliation presented on the ballot; amend KRS 262.210 to require the offices of soil and water conservation officers to have a partisan primary or partisan election; amend various KRS sections to conform; and repeal KRS 83A.047, 83A.050, 83A.170, 83A.175, 160.250, and 160.260.

  CURRENT STATUS

3/9/2023 - House Elections, Const. Amendments & Intergovernmental Affairs (H), (Bill Scheduled for Hearing); Time & Location: 10:00 AM, Annex 169

PATIENT MEDICAL RECORDS
(MOSER, KIMBERLY POORE)

AN ACT relating to patient medical records.

Amend KRS 422.317 to establish standards and procedures for access to copies of patient medical records.

  CURRENT STATUS

2/10/2023 - (H) Referred to Committee House Health Services (H)

FIREFIGHTERS
(BANTA, KIM)

AN ACT relating to firefighters.

Amend KRS 95A.220 to define "stress injury" to include post-traumatic stress disorder; define scope of coverage; allow lifetime cap on benefits. House Committee Substitute (1) Retain original provisions; add an exclusion to the definition of "stress injury;" specify use of the most recent edition of Diagnostic and Statistical Manual of Disorders, allow diagnosis by a nurse practioner; address issues concerning reimbursement and budget.

  CURRENT STATUS

3/10/2023 - (S) Referred to Committee Senate Veterans, Military Affairs, & Public Protection (S)

AMEND SECTION 29 OF THE CONSTITUTION OF KENTUCKY
(RAYMOND, JOSIE)

AN ACT proposing an amendment to Section 29 of the Constitution of Kentucky relating to citizen ballot initiatives.

Propose to amend Section 29 of the Constitution of Kentucky to establish the initiative power of the people to propose laws and to enact or reject proposed initiatives at an election; establish procedures for initiatives, effect of adopted initiatives, and parameters for the subject of any initiative; provide ballot language; submit to voters for ratification or rejection.

  CURRENT STATUS

1/3/2023 - Introduced

PEACE OFFICER CERTIFICATION
(WILLIAMS, WADE)

AN ACT relating to peace officer certification and declaring an emergency.

Amend KRS 15.400 to extend the period of time that a peace officer, who was employed as a peace officer as of December 1, 1998, may be separated from service before losing his or her certification status from 100 days to 365 days; EMERGENCY.

  CURRENT STATUS

4/4/2023 - SIGNED BY GOVERNOR; (Acts Ch. 171)

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

PUBLICATION
(DECKER, JENNIFER)

AN ACT relating to publication.

Amend KRS 424.145 to remove the population restriction and make the alternative publication procedure available to all local governments as defined; stipulate that the local government must submit the advertisement to the newspaper in a timely manner for publication within the prescribed limits; make technical corrections.

  CURRENT STATUS

2/14/2023 - (H) Referred to Committee House Local Government (H)

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

UNEMPLOYMENT INSURANCE
(FISTER, DANIEL)

AN ACT relating to unemployment insurance and declaring an emergency.

Amend KRS 341.030 to provide that reimbursements paid to volunteer firefighters for traveling to respond to emergencies or for the use of his or her personal vehicle or other equipment in responding to emergencies, shall not be considered wages for purposes of unemployment insurance; RETROACTIVE to March 6, 2020; EMERGENCY.

  CURRENT STATUS

2/14/2023 - (H) Referred to Committee House Economic Development & Workforce Investment (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)

GOVERNMENTAL AGENCIES
(GRAHAM, DERRICK)

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

Appropriate General Fund moneys to the Bowling Green Veterans Center capital project; set the average wholesale price of gasoline for fiscal years 2022-2023 and 2023-2024; appropriate General Fund moneys for the Biennial Highway Construction Program; appropriate General Fund moneys to the Revenue Sharing budget unit; appropriate General Fund moneys for training grants under the KCTCS-TRAINS Program; appropriate General Fund moneys to provide the additional resources necessary to implement House Bill 4 from the 2022 Regular Session; appropriate Restricted Funds to the Replace Unemployment Insurance System capital project; appropriate General Fund moneys for restoration of 90 staff positions to provide in-person services to unemployed persons to assist with their unemployment insurance claims at the 12 career centers across the state; appropriate General Fund moneys for a Talent Attraction Media campaign; appropriate Restricted Funds to the Kentucky Higher Education Assistance Authority for a loan forgiveness program for social service workers in Kentucky state government; appropriate General Fund moneys to the Affordable Housing Trust Fund to be used in areas named in a Presidential Declaration of Emergency relating to the storms and tornadoes that occurred in December 2021 and flooding that occurred in July 2022; appropriate General Fund moneys to the City of Lancaster for the fire department substation; stipulate that Highway Construction Contingency Account moneys may be used for the promotion of economic or industrial development; appropriate General Fund moneys for repayment to the U.S. Department of Housing and Urban Development for a portion of a Community Development Block Grant for economic development; stipulate that the Department of Corrections shall pay each contracted provider of substance abuse, mental health, and reentry centers for only those beds that are occupied by individuals assigned by the Department of Corrections; approve the Department of Parks' comprehensive statewide proposal; APPROPRIATION; EMERGENCY.

  CURRENT STATUS

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

GOVERNMENTAL AGENCIES
(GRAHAM, DERRICK)

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

Set out General Fund transfers to the State Salary and Compensation Fund, the Kentucky Higher Education Assistance Authority, and the General Operations budget unit within the Personnel Cabinet; appropriate General Fund moneys to the Kentucky Public Pensions Authority and the Kentucky Teachers' Retirement System; appropriate Restricted Funds to the General Operations budget unit within the Personnel Cabinet; APPROPRIATION; EMERGENCY.

  CURRENT STATUS

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

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

CONTROLLED SUBSTANCES
(HERRON, KETURAH)

AN ACT relating to controlled substances.

Create new sections of KRS Chapter 211 to establish a program for harm reduction centers; amend possession of controlled substance statutes to reduce penalty; amend KRS 218A.275 to provide for referrals to treatment for persons charged with possession of controlled substances; amend KRS 218A.500 to decriminalize possession of items to test, store, or consume controlled substances; repeal KRS 218A.14151, 218A.1450, 218A.1451, 218A.1452, and 218A.276.

  CURRENT STATUS

1/4/2023 - Introduced

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)

INDIVIDUAL TAX RATE
(WILLNER, LISA)

AN ACT relating to the individual tax rate.

Amend KRS 141.020, to change the individual income tax rates for taxable years beginning on or after January 1, 2024.

  CURRENT STATUS

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

PARAMEDIC EDUCATION
(TACKETT LAFERTY, ASHLEY)

AN ACT relating to paramedic education and making an appropriation therefor.

Create a new section of KRS 164.740 to 164.7891 to establish a coal-county paramedic scholarship to be administered by KHEAA; establish a fund in the State Treasury to be administered by KHEAA for providing coal-county paramedic scholarships; APPROPRIATION.

  CURRENT STATUS

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

AD VALOREM TAXES
(FLANNERY, PATRICK)

AN ACT relating to ad valorem taxes.

Create a new section of KRS Chapter 132 to exempt motor vehicles, recreational vehicles, trailers, and semitrailers from state and local ad valorem taxes; amend various sections of KRS Chapters 92, 132, 133, 134, 136, 141, 186, 186A, and 235 to conform; repeal KRS 132.227. 132,485, 132.4851, 132.487, 132.760, `36.188, 186.193, and 186A.030; EFFECTIVE January 1, 2024.

  CURRENT STATUS

2/23/2023 - (H) Referred 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

CONCEALED DEADLY WEAPONS
(MADDOX, SAVANNAH)

AN ACT relating to concealed deadly weapons.

Repeal KRS 237.115, which interprets the application of the license to carry concealed deadly weapon statute as permitting postsecondary facilities, local governments, and units of state government to limit concealed carry in governmental buildings; amend various KRS sections to conform; amend KRS 237.110 to no longer prohibit the carrying of concealed deadly weapons in schools and specify that the prohibition of carrying concealed deadly weapons in airports is limited to areas controlled by TSA; amend KRS 527.070 to add persons with valid licenses to carry concealed deadly weapons to the list of those permitted to possess weapons in schools.

  CURRENT STATUS

1/6/2023 - Introduced

PRIVACY
(HODGSON, JOHN)

AN ACT relating to privacy.

Create a new section of KRS Chapter 15 to define terms; provide protections from in-person access to private open land by law enforcement; require law enforcement to utilize body-worn cameras and audio devices while on private open land; provide exceptions. House Committee Substitute (1) Retain original provisions; remove the requirement that officers need probable cause to enter land to dispatch crippled, distressed, dangerous, or invasive wildlife; exempt Kentucky conservation officers who enter private lands to conduct compliance checks or conduct surveillance based upon a reasonable suspicion or enter onto private lands if the boundaries are unfenced or unable to be reasonably identified.

  CURRENT STATUS

3/29/2023 - became law without Governor's Signature (Acts Ch. 126)

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)

PROHIBITING ENFORCEMENT OF FEDERAL FIREARMS RESTRICTIONS
(BRAY, JOSH)

AN ACT relating to prohibiting the enforcement of a federal ban or regulation of firearms and declaring an emergency.

Create a new section of KRS Chapter 237 to prohibit identified entities from enforcing federal firearm bans; prohibit identified entities from adopting rules, regulations, or ordinances that require enforcement of federal firearm bans; and prohibit identified entities from allocating public resources or moneys in the enforcement of federal firearm bans; RETROACTIVE to January 1, 2021; EMERGENCY.

  CURRENT STATUS

3/28/2023 - became law without Governor's Signature (Acts Ch. 117)

BAN TIKTOK FROM PUBLIC AGENCY TECHNOLOGY
(WITTEN, SUSAN)

AN ACT relating to banning social media applications from public agency technology and declaring an emergency.

Create a new section of KRS Chapter 61 to prohibit the use or download of TikTok on any network or device under the control of a public agency; define "public agency"; direct the Commonwealth Office of Technology and public agencies to implement controls to block access to TikTok on networks or devices under the control of a public agency; permit the judicial branch of state government to implement its own ban and restrictions of TikTok; EMERGENCY.

  CURRENT STATUS

2/7/2023 - Introduced

FIREARMS
(MADDOX, SAVANNAH)

AN ACT relating to firearms and declaring an emergency.

Create a new section of KRS Chapter 527 to define terms; prohibit an identified entity from enforcing or assisting in the enforcement of, any federal law that does not exist under the laws of Kentucky and limits firearm ownership; create a Class B misdemeanor with enhancement for subsequent offenses for any government official who violates the prohibition; grant authority to the Attorney General to file a civil action in Circuit Court to enforce the prohibition; permit citizens to file complaints with the Attorney General for violations of the prohibition; make federal agents subject to arrest for enforcing prohibition or attempting to arrest local or state officials; provide that the Act may be cited as the Kentucky 2nd Amendment Preservation Act; EMERGENCY.

  CURRENT STATUS

2/7/2023 - Introduced

WATER POLLUTION CONTROL
(FREELAND, CHRIS)

AN ACT relating to water pollution control.

Amend KRS 224.16-080 to provide that any Kentucky Pollutant Discharge Elimination System (KPDES) permittee seeking to rely on a mixing zone for a bioaccumulative chemical concern assigned before September 8, 2004, include information identifying the mixing zone in its application for a modification or approval of a KPDES permit; require that any change or extinguishment in a mixing zone requirement for a bioaccumulative chemical of concern only be accomplished through a formal KPDES permitting action by the Energy and Environment Cabinet conducted pursuant to administrative regulations promulgated under KRS Chapter 13A; amend KRS 224.16-090 to provide that if a KPDES permit applicant requests in their application for a modification or renewal of a permit that the Energy and Environment Cabinet take into account rapid and complete mixing at a wastewater outfall, the Energy and Environment Cabinet shall apply rapid and complete mixing in establishing water quality-based effluent limitations and conditions under the KPDES permit if the discharge occurs through a submerged high-rate multi-port outfall structure.

  CURRENT STATUS

3/21/2023 - SIGNED BY GOVERNOR; (Acts Ch. 37)

JAIL STANDARDS
(HEAVRIN, SAMARA)

AN ACT relating to jail standards.

Amend KRS 441.055 to require that the minimum standards for jails allow the employment or appointment of persons at least 18 years old to work in the secure perimeter of a jail and establish guidelines for persons' service when less than 21 years of age. Senate Floor Amendment (1) Amend Section 1 to require that the persons employed who are under 21 have a high school diploma or its equivalent, for persons in counties holding state prisoners and those not holding state prisoners, and remove the prohibition individuals under the age of 21 not having direct, physical contact with, or potential assumption of physical control over, inmates or persons yet to be booked into the jail for both jails that hold state prisoners and those not holding state prisoners in their jails.

  CURRENT STATUS

3/21/2023 - SIGNED BY GOVERNOR; (Acts Ch. 44)

OFF-HIGHWAY VEHICLES
(FLANNERY, PATRICK)

AN ACT relating to off-highway vehicles.

Create new sections of KRS Chapter 189 to define "off-highway vehicle" or "OHV"; allow the registration of an OHV as a motor vehicle in accordance with KRS 186.050(3)(a); require proof of insurance and the payment of all registration and clerk fees as identified in KRS 186.050(3)(a) and KRS 186.040, allow the Transportation Cabinet or a local government to prohibit OHV operation on roadways under its jurisdiction; provide for nonresident reciprocity; require the Transportation Cabinet to promulgate administrative regulations; allow nonresidents to operate an OHV on roadways of the Commonwealth; outline requirements, fees, and length of permit validity; amend KRS 189.515 to specify that that section shall not apply to OHVs that have been registered as a motor vehicle; amend KRS 189.990 to establish penalties; amend KRS 186.010 to specify that OHVs registered under Section 1 or 2 of this Act shall be considered motor vehicles; amend KRS 186A.070 to allow OHVs registered as motor vehicles to operate on roadways of the Commonwealth; repeal KRS 189.281, which allows establishment of a pilot program for off-highway vehicles; EFFECTIVE January 1, 2024.

  CURRENT STATUS

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

VACANCIES IN OFFICE
(BAUMAN, JARED)

AN ACT relating to vacancies in office.

Amend KRS 67C.103 to create the procedures for filling an unexpired term on the consolidated local government council; amend KRS 118.740 to conform. House Committee Substitute (1) Retain original provisions, except amend KRS 67C.103 to establish a signature requirement for petitions of nomination; establish that members of a political party and those who are not members of a political party can run for election; establish that straight-ticket voting shall not be permitted in the election to fill the vacancy; remove the requirement that appointees cannot be on the ballot for the regular election; amend KRS 117.125 to conform. Senate Committee Substitute (1) Retain original provisions, except amend KRS 67C.103 to provide that a special election will not be held on a federally recognized holiday under 5 U.S.C. sec. 6103(a); provide that the order of candidate names be determined by lot and create the requirements for the drawing.

  CURRENT STATUS

3/24/2023 - SIGNED BY GOVERNOR; (Acts Ch. 97)

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

INTERNAL POLICE COMMUNICATIONS
(BRATCHER, KEVIN D.)

AN ACT relating to internal police communications.

Create a new section of KRS Chapter 15 to allow law enforcement agencies to create their own wellness programs; establish that all proceedings, opinions, and records of a wellness program are privileged and not subject to subpoena; amend KRS 61.878 to include records confidentially maintained in accordance with a wellness program to the list of records not subject to an open records request. House Committee Substitute (1) Retain original provisions; provide that the confidentiality and privilege of the wellness program shall be subject to the same protections as counselor-client privilege under the Kentucky Rules of Evidence.

  CURRENT STATUS

4/4/2023 - SIGNED BY GOVERNOR; (Acts Ch. 168)

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)

WORKERS' COMPENSATION FOR FIRST RESPONDERS
(RAYMER, REBECCA)

AN ACT relating to workers' compensation for first responders.

Amend KRS 342.0011 to allow "injury" to include psychological injuries for police officers, firefighters, emergency medical services personnel, front-line staff, or members of the National Guard; create a new section of KRS Chapter 342 to establish when psychological injuries are valid workers' compensation claims when no physical injury exists.

  CURRENT STATUS

2/8/2023 - Introduced

HAZARDOUS WASTE MANAGEMENT FUND
(GOOCH JR., JIM)

AN ACT relating to the hazardous waste management fund.

Amend KRS 224.46-580 to extend the levy of the hazardous waste management assessment until June 30, 2032.

  CURRENT STATUS

3/21/2023 - SIGNED BY GOVERNOR; (Acts Ch. 38)

POLICE OFFICER MENTAL HEALTH
(FREELAND, CHRIS)

AN ACT relating to police officer mental health.

Amend KRS 15.440 to require law enforcement agencies to have a written policy related to police officer mental health programs that would allow officers to receive additional leave time to attend mental health treatment, require supervisors to receive specialized training on supporting officers with mental health needs, provide workplace protections for officers who receive mental health treatment, and allow officers to receive reimbursement for the cost of mental health treatment as funding becomes available.

  CURRENT STATUS

2/14/2023 - (H) Referred to Committee House Local Government (H)

STATE ADMINISTERED RETIREMENT SYSTEMS
(SHARP, SCOTT)

AN ACT relating to the fiduciary duties owed to the state-administered retirement systems.

Amend KRS 21.450, 61.650, 78.790, and 161.430 to provide that fiduciaries shall consider the sole interest of the members and beneficiaries of the retirement systems using only pecuniary factors and prohibit the consideration of or actions on nonpecuniary interests including environmental, social, political, and ideological interests. House Committee Substitute (1) Retain original provisions; amend KRS 21.450, 61.650, 78.790, and 161.430 to expand scope of persons owing a fiduciary duty to the respective state-administered retirement systems and prohibit any contract or agreement from voiding such fiduciary duties; amend KRS 21.450, 61.650, and 78.790 to require third-party fiduciaries to acknowledge their fiduciary duties in writing; amend KRS 21.540, 61.650, 78.790, and 161.430 to require the boards of the state-administered retirement systems to adopt their own proxy guidelines, prevent the boards from following the recommendations of a proxy voting service or proxy adviser unless the proxy adviser acknowledges its fiduciary duties in writing, and require the boards to either vote their own shares or have the proxy voting service or proxy adviser voting the system's shares commit to follow the board's proxy guidelines; amend KRS 21.540, 61.645, 78.782, and 161.250 to require the quarterly reporting of proxy votes to the boards of the state-administered retirement systems; make technical changes. House Floor Amendment (1) Retain original provisions, except amend KRS 21.450, 61.650, 78.790, and 161.430 to add to the definition of "nonpecuniary interest" and define "investment manager" and, where applicable, "investment consultant" to make consistent with federal law, make the duties and responsibilities of proxy advisers consistent with federal law, and require proxy advisers to agree by written contract that they will vote proxies solely in the interest of the members and beneficiaries and follow board-adopted proxy voting guidelines; amend KRS 21.540 to permit a sole investment manager which acknowledges in writing its fiduciary duty to the system to provide proxy voting guidelines for adoption by and vote the shares for the board of the Judicial Form Retirement System; make technical amendments.

  CURRENT STATUS

3/24/2023 - SIGNED BY GOVERNOR; (Acts Ch. 94)

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)

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)

POSTING OF VETERANS' BENEFITS
(MCCOOL, BOBBY)

AN ACT relating to the posting of veterans' benefits and services.

Create a new section of KRS Chapter 337 to require the Kentucky Department of Veterans' Affairs to create and distribute a veterans' benefits and services document to employers and require employers to keep copies of a veterans' benefits and services document in a conspicuous and accessible place.

  CURRENT STATUS

2/14/2023 - Introduced

PUBLIC CONTRACTS
(BRAY, JOSH)

AN ACT relating to public contracts.

Create a new section of KRS Chapter 45A to prohibit a governmental body from entering into contracts valued at or above $100,000 with a company that has ten or more employees and discriminates against firearm entities or firearm trade associations; set forth what does and does not constitute discrimination; exempt sole proprietorships.

  CURRENT STATUS

2/14/2023 - Introduced

RESOURCES FOR LOCAL DEVELOPMENT
(SMITH, TOM)

AN ACT relating to resources for local development.

Create a new section of KRS Chapter 65 to define "county"; grant any city or county the right to levy a restaurant tax not to exceed three percent of retail sales; require the revenue to be distributed between the tourist convention commission and taxing jurisdiction; specify uses; exempt restaurants subject to the restaurant tax from certain occupational license fees; mandate first-time tax rate levies and rate changes take effect at the beginning of a calendar month; amend 91A.400 to sunset the levy of a restaurant tax under this section; require distribution of at least 25 percent of revenues generated to the tourist and convention commission; specify uses; exempt restaurants subject to the tax from certain local occupational license fees; amend KRS 67.938, 91A.390, 91.200, 92.281, and 92.300 to conform; EFFECTIVE January 1, 2024.

  CURRENT STATUS

2/14/2023 - Introduced

AMEND SECTION 170 OF THE CONSTITUTION OF KENTUCKY RELATING TO TAXATION
(DOSSETT, MYRON)

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

Propose to amend Section 170 of the Constitution of Kentucky to increase the homestead exemption to $60,000; require the homestead exemption amount to be indexed every two years; provide ballot language; submit to voters for ratification or rejection.

  CURRENT STATUS

2/14/2023 - Introduced

CONSUMER DATA PRIVACY
(DECKER, JENNIFER)

AN ACT relating to consumer data privacy.

Creates new sections of KRS Chapter 367 to establish consumer rights relating to personal data, including the rights to confirm whether data is being processed, to delete personal data provided by the consumer, to obtain a copy of the consumer's personal data that was previously provided, and to opt out of targeted advertising and the sale of data; define terms; set forth the types of data and the persons or entities to which the statutory provisions do and do not apply; set forth requirements for persons or entities that control and process consumer data; establish that the Attorney General has exclusive authority to enforce the consumer data privacy rights; create a consumer privacy fund in the State Treasury to be administered by the Office of the Attorney General; EFFECTIVE January 1, 2025.

  CURRENT STATUS

2/17/2023 - (H) Referred to Committee House Small Business & Information Technology (H)

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)

ECONOMIC DEVELOPMENT
(BOWLING, ADAM)

AN ACT relating to economic development.

Amend KRS 154.21-015 to redefine "eligible project" to include matching funds are available for a project either on publicly owned property or meets certain conditions if the project includes property acquisition or a due diligence study, and redefine "eligible use" to include building construction or renovation; amend KRS 154.21-020 to reference adoption, eliminate the eligible grant recipient 10% match requirement, base program eligibility on census population, cap the available funding at $2,000,000 per county, and disqualify projects that receive discretionary mega-development project funding from program participation; and amend KRS 154.21-035 to conform. Senate Floor Amendment (1) Retain original provisions, and amend KRS 65.503 to include a new subsection permitting substitute appointments to the West End Opportunity Partnership board in the event an appointee cannot serve.

  CURRENT STATUS

3/17/2023 - SIGNED BY GOVERNOR; (Acts Ch. 12)

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)

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)

STATE-ADMINISTERED RETIREMENT SYSTEMS
(JOHNSON, DJ)

AN ACT relating to membership dates in the state-administered retirement systems.

Amend KRS 78.510 to provide that the participation date in the County Employees Retirement System (CERS) for those individuals who entered the Kentucky Department of Criminal Justice Training's Police Corps program prior to July 1, 2003, through an agreement with a CERS employer, and who subsequently began participating in CERS as a sworn officer upon completion of the program, shall be the date training began in the Police Corps program.

  CURRENT STATUS

3/13/2023 - (S) Referred to Committee Senate State & Local Government (S)

UNIVERSAL RECOGNITION OF OCCUPATIONAL LICENSES
(DOAN, STEVEN)

AN ACT relating to universal recognition of occupational licenses.

Create new sections of KRS Chapter 335B to allow universal recognition of occupational licenses and government certifications; include work experience as basis; include military personnel and their spouses; exclude interstate licensure compacts; allow Act to be cited as the Universal Recognition of Occupational Licenses Act.

  CURRENT STATUS

2/16/2023 - Introduced

PARK RANGERS
(FUGATE, CHRIS)

AN ACT relating to park rangers.

Amend KRS 148.056 to allow state park rangers to have all of the powers of peace officers in all parts of the state.

  CURRENT STATUS

2/16/2023 - Introduced

CRIMES AND PUNISHMENTS
(MOSER, KIMBERLY POORE)

AN ACT relating to crimes and punishments.

Amend KRS 218A.500 to exclude testing equipment used to determine the presence of chemicals, toxic substances, or hazardous compounds in controlled substances from the prohibition of possession of drug paraphernalia; amend KRS 218.010 to exclude fentanyl found on testing equipment from the definition of "fentanyl." House Committee Substitute (1) Retain original provisions, except delete the amendments to the definition of "fentanyl" in KRS 218A.010; further amend KRS 218A.500 to exclude testing equipment used to determine the presence of a synthetic opioid or its analogues in controlled substances from the prohibition of possession of drug paraphernalia; provide exceptions. Senate Committee Substitute (1) Amend KRS 218A.500 to exclude testing equipment used to determine the presence of a synthetic opioid or its analogues in controlled substances from the prohibition of possession of drug paraphernalia; provide exceptions; amend KRS 533.282, relating to the behavioral health conditional dismissal program, to establish that program services may be performed by the program provider directly or in conjunction with other treatment providers; establish additional accreditation methods for treatment providers and recovery housing service providers; amend KRS 533.288 to add the executive director of the Office of Adult Education as a member of the Behavioral Health Conditional Dismissal Program Implementation Council; direct the Cabinet for Health and Family Services to conduct a Fentanyl Education and Awareness campaign.

  CURRENT STATUS

3/31/2023 - SIGNED BY GOVERNOR; (Acts Ch. 166)

FISCAL MATTERS
(PETRIE, JASON)

AN ACT relating to fiscal matters.

Amend KRS 132.140 to make technical corrections. House Committee Substitute (1). Senate Committee Substitute (1). Free Conference Committee Report (1) Retain original provisions; exempt all governmental agency water and sewer projects from sales and use tax on construction contracts; exempt prewritten computer software access services sold to or purchased by a retailer that develops prewritten computer software for print technology and uses and sells prewritten computer software access services for print technology; increase the percentage of allowable income tax credit for pass-through entities paying state and local taxes on behalf of an individual; provide that the tax treatment of restaurant revitalization grants and deductions attributable to those grants for taxable years beginning on or after January 1, 2020, but before March 11, 2023; provide a modifier for 2023 and 2024 for tax increment financing agreements with individual income tax pledged; amend various sections in KRS Chapter 48 related to budget requirements; amend KRS 45A.837 to increase certain contract threshold for the Finance and Administration Cabinet; create a new section and amend various sections of KRS Chapter 132 to exempt certain property from property tax; amend KRS 139.210 to provide that certain retailers shall not be required to state the tax separately from the sales price; amend KRS 138.450 to impose motor vehicle usage tax on certain recreational vehicles; provide a method of assessment for certain multi-unit rental housing based on the government restriction on use; repeal various sections of KRS Chapter 132; require the Department of Revenue to report on or before November 1, 2023, to the Interim Joint Committee on Appropriations and Revenue related to a centralized tax reporting and distribution system for state and local transient room taxes.

  CURRENT STATUS

3/24/2023 - SIGNED BY GOVERNOR; (Acts Ch. 92)

PROMOTING CONTRABAND
(BAUMAN, JARED)

AN ACT relating to promoting contraband.

Amend KRS 520.050 to enhance promoting contraband to a Class B felony if the dangerous contraband is fentanyl, carfentanil, or fentanyl derivatives; amend KRS 439.3401 to add a person who has been convicted of or entered a plea of guilty to a Class B felony violation of KRS 520.050 to the definition of "violent offender."

  CURRENT STATUS

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

FEES FOR CONSTABLE SERVICES
(BLANTON, JOHN)

AN ACT relating to fees for constable services.

Amend KRS 64.190 to establish that constables shall charge and collect the same fees as provided for sheriffs under KRS 64.090(1) for services a constable is authorized by law to perform.

  CURRENT STATUS

2/17/2023 - Introduced

PEACE OFFICER CERTIFICATION
(BLANTON, JOHN)

AN ACT relating to peace officer certification.

Amend KRS 15.310 and 95A.100 to describe which criminal offenses a fire investigator shall investigate; amend KRS 15.380 to remove court security officers from the list of officers required to be certified by the Kentucky Law Enforcement Council; allow the council to certify local alcoholic beverage control investigators appointed before April, 2019; amend KRS 15.386 to allow an officer who has been on inactive status for less than one year to return to certification status with no additional training requirements; amend KRS 15.391 to redefine "final order" and "investigating agency"; require that information obtained about active investigations to remain confidential; amend KRS 15.3973 to provide that court security officers may have certification revoked for the same bases as under KRS 15.391; amend 15.3977 to redefine "inactive status" and "revoked status"; amend KRS 15.530 to redefine "CJIS telecommunicator"; amend KRS 15.540 to require an agency seeking to hire a telecommunicator to certify to the council that the applicant meets the qualifications for employment. House Committee Substitute (1) Retain original provisions; amend KRS 15.382 to provide that a minimum qualification to become a police officer is that the person not have any felony or misdemeanor sex crime expunged; amend KRS 15.391 to provide that an expungement shall not be considered a removal or remedy of a condition for reinstatement of certification; amend KRS 15.3971 to provide that a minimum qualification to become certified as a court security officer is that the person not have been convicted of a misdemeanor sex crime or had a felony or misdemeanor sex crime expunged; amend KRS 15.3977 to require that a person returning from inactive status not be convicted of a misdemeanor sex crime or had a felony or misdemeanor sex crime expunged; create a new section of KRS Chapter 70 to provide that any sheriff who takes the oath of office after the effective date of this Act shall not have the power to make arrests unless he or she is certified under KRS 15.380 to 15.404; create a new section of KRS Chapter 71 to provide that deputy jailers or corrections officers in correctional services division or a metropolitan correctional services department appointed after the effective date of this Act shall not have the power to make arrests off the premises of the jail unless they are certified under KRS 15.380 to 15.404; amend KRS 241.110 to provide that a county judge/executive who is serving as a local alcoholic beverage control administrator does not have the power to arrest unless he or she is certified under KRS 15.380 to 15.404; amend KRS 431.074 to require the Administrative Office of the Courts to retain an index of all misdemeanor expungements; allow the Kentucky Law Enforcement Council to access the index to verify employment qualifications; amend KRS 231.110 and 281.765 to conform. House Floor Amendment (1) Retain original provisions; remove Sections 11, 12, 16, and 17 regarding sheriffs and deputy jailers power to make arrests.

  CURRENT STATUS

4/4/2023 - SIGNED BY GOVERNOR; (Acts Ch. 170)

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)

KENTUCKY REINVESTMENT ACT PROGRAM
(WEBBER, RUSSELL)

AN ACT relating to the Kentucky Reinvestment Act Program.

Create a new section of KRS Subchapter 34 of KRS Chapter 154 to award incentives to an eligible company that includes wage assessments in the reinvestment agreement created pursuant to the Kentucky Reinvestment Act Program; create different wage assessment calculations based on whether a project is located in an enhanced incentive county; amend KRS 141.310 to permit an employer to offset a portion of the assessment against the Kentucky income tax required to be withheld from the employee; amend KRS 141.350 to conform; amend KRS 154.34-090 to require the department to certify wage assessment fees claimed on filed tax returns; and amend KRS 154.34-110 to reference the new part of the program offering an employer tax incentives for wage assessments negotiated in reinvestment agreements.

  CURRENT STATUS

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

GEOGRAPHIC INFORMATION ADVISORY COUNCIL
(IMES, MARY BETH)

AN ACT relating to the Geographic Information Advisory Council.

Amend KRS 42.740 to reduce the required number of candidates or lists submitted to the Governor for appointment to the Geographic Information Advisory Council by the Kentucky Association of Counites and Kentucky League of Cities from six each to three each.

  CURRENT STATUS

3/7/2023 - (H) THIRD READING, passed 98-0

MUNICIPAL TRANSACTIONS
(DIXON, JONATHAN)

AN ACT relating to municipal transactions.

Amend KRS 45A.490, 45A.492, and 45A.494 to change subject entities from public agencies to governmental bodies as defined in KRS 45A.030; amend KRS 82.083 to allow a city to sell or dispose of items without value; increase the limit from $5,000 to $10,000 at which a city may sell property for its appraised fair market value; and allow a city to give animals owned by a city that are no longer of use to the city to their handlers or trainers without compensation; create a new section of KRS Chapter 82 to list a number of circumstances where a city, urban-county, or consolidated local government is not required to engage in a competitive bidding process during procurement of goods or services, such as when only one provider of a good or service exists in a reasonable area, the product is a replacement part, or the product or service is provided by a qualifying nonprofit or vocational rehabilitation service; amend KRS 424.260 to recognize this new exception. Senate Committee Substitute (1) Retain original provisions; amend KRS 160.160 to allow a local board of education to transfer or sell property to another governmental or quasi-governmental agency in exchange for fair market value.

  CURRENT STATUS

3/22/2023 - SIGNED BY GOVERNOR; (Acts Ch. 63)

EMERGENCY MEDICAL SERVICES
(FLEMING, KEN)

AN ACT relating to emergency medical services and declaring an emergency.

Amend KRS 311A.030 to remove the classifications of ambulance services, mobile integrated healthcare programs, and medical first response providers; amend KRS 311A.142 to permit an emergency medical responder, emergency medical technician, advanced emergency medical technician, or paramedic in good standing in another state to be eligible for reciprocity at the same level of certification or licensure; amend KRS 142.301, 205.5602, 211.9523, 311A.010, 311A.170, and 405.075 to conform; repeal KRS 311A.185, relating to determination of death by a paramedic; EMERGENCY.

  CURRENT STATUS

2/21/2023 - Introduced

NON-MOTORIZED VEHICLES
(LAWRENCE, WILLIAM)

AN ACT relating to non-motorized vehicles.

Create a new section of KRS Chapter 186A to define nonmotorized vehicle and require registration for all nonmotorized vehicles operated on public highways; require display of a registration plate on the rear of all nonmotorized vehicles; set forth procedures for issuing registration for nonmotorized vehicles and direct the cabinet to administer regulations and establish forms and procedures; EFFECTIVE January 1, 2024.

  CURRENT STATUS

2/21/2023 - Introduced

FINES FOR OVERWEIGHT TRUCKS
(LAWRENCE, WILLIAM)

AN ACT relating to fines for overweight trucks.

Amend KRS 189.990 to establish a separate overweight fine schedule for violating a posted bridge weight limit on any state-maintained bridge that is more than 75 years old; require signage be in place informing drivers of the fine and giving adequate notice for drivers to exit the highway; provide that if such signs are not in place, violation will be penalized as ordinary overweight violations.

  CURRENT STATUS

2/21/2023 - Introduced

STATE GEOGRAPHIC INFORMATION
(FREELAND, CHRIS)

AN ACT relating to state geographic information.

Amend KRS 132.410 to require a current copy of all digital parcel and tax district data be securely stored with the Commonwealth Office of Technology's geographic information clearinghouse; require the Department of Revenue to coordinate annual updates of the data; allow executive branch employees access the data to perform their duties; restrict digital parcel data and tax data from being redistributed, sold, shared or used for any commercial or unauthorized purposes; amend KRS 42.740 to reduce the number of candidates or lists submitted to the Governor for appointment to the Geographic Information Advisory Council by the Kentucky Association of Counites and Kentucky League of Cities from six each to three each; require the coordination of annual updates by the Department of Revenue begin July 1, 2023; amend KRS 133.047 and 42.744 to conform. House Committee Substitute (1) Retain original provisions, except amend KRS 42.744 to require all digital ortho-rectified aerial imagery, remotely sensed imagery, LiDAR, digital elevation models, or any other form of raster-based data sets acquired for locations in Kentucky, using public funds, meet or exceed the specifications maintained and adopted by the Geographic Information Advisory Council.

  CURRENT STATUS

3/14/2023 - (S) Referred to Committee Senate State & Local Government (S)

EXEMPTING RENTALS FOR TRANSIENT ROOM TAXES
(FREELAND, CHRIS)

AN ACT relating to exempting houseboat rentals from transient room taxes.

Amend KRS 91A.390, 91A.392, 142.400, 153.440, and 153.450 to exempt the rental of houseboats from transient room taxes.

  CURRENT STATUS

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

PEACE OFFICER CERTIFICATION
(GOOCH JR., JIM)

AN ACT relating to peace officer certification.

Create a new section of KRS 15.380 to 15.404 to create a peace officer special accommodation certification process for law enforcement agencies and other units of government trying to fill vacancies; set out conditions for awarding and maintaining certification.

  CURRENT STATUS

2/21/2023 - Introduced

EK-SAFE AND WK-SAFE FUNDS
(PETRIE, JASON)

AN ACT relating to moneys appropriated to the EKSAFE and WKSAFE funds.

Amend KRS 39A.303 and 39A.305 to allow moneys in the EKSAFE fund and the WKSAFE fund, respectively, to be used as loans for the replacement, renovation, or expansion of certain police, fire, and ambulance stations. House Committee Substitute (1) Retain original provisions; make technical corrections.

  CURRENT STATUS

3/13/2023 - Senate Appropriations & Revenue (S), (Bill Scheduled for Hearing); Time & Location: 11:00 AM, Annex 149

PUBLIC CONTRACTS
(BLANTON, JOHN)

AN ACT relating to public contracts.

Create new sections of KRS Chapters 45A, 56, and 65 requiring that state and local contracts contain a provision that any iron, steel, aluminum, manufactured goods used in all state and local projects be manufactured in the United States unless a waiver is granted; amend KRS Chapters 45A.343, 45A.352, 65.027, 162.070, 164A.575, 176.070, 176.080, and 424.260 to conform; establish a short title of Kentucky Buy American Act.

  CURRENT STATUS

2/21/2023 - Introduced

FISHING IN PUBLIC WATERS
(BLANTON, JOHN)

AN ACT relating to fishing in public waters of the Commonwealth.

Create new section of KRS Chapter 150 to define terms; allow public access and unrestricted use for fishing along public waterbodies and waterways if access is not gained through private lands and the health and safety of the public or the habitat of aquatic or other wildlife is not placed at risk; prohibit persons from restricting, harassing, or otherwise prohibiting a person from fishing along public waterbodies and waterways; allow the Department of Fish and Wildlife Resources to promulgate administrative regulations to identify areas along public waterbodies and waterways that should have restriction from fishing or other activities and amend marina leases to conform with the provisions prohibiting restricted fishing; retain and apply penalty for trespass and allow for private right of action for any damages and apply existing penalty for persons who harass or restrict fishing along public waterways and waterbodies; exempt peace officers, law enforcement officers, and personnel of the Department of Fish and Wildlife from the requirements if they are in the performance of their official duties.

  CURRENT STATUS

2/21/2023 - Introduced

MOTORBOATS
(UPCHURCH, KEN)

AN ACT relating to motorboats and making an appropriation therefor.

Create a new section of KRS Chapter 132 to exempt federally documented vessels from property taxation; create new sections of KRS Chapter 235 to establish the waterway usage fee and the distribution of revenue generated from the fee; establish the waterway usage fund; create a new section of KRS Chapter 148 to establish the Kentucky lakes and rivers tourism fund; require grants of money from the fund to go to marinas qualifying through an application process; amend KRS 235.990 to establish a penalty for nonpayment of the waterway usage fee; amend KRS 235.999 and 150.160 to distribute the money collected from the penalty; amend KRS 132.020 and 132.200 to make conforming changes; EFFECTIVE January 1, 2024; APPROPRIATION.

  CURRENT STATUS

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

CONSOLIDATED EMERGENCY SERVICES DISTRICTS
(HART, MARK)

AN ACT relating to consolidated emergency services districts.

Create a new section of KRS Chapter 75A to require that employees of a consolidated emergency services district pursuant to KRS Chapter 75 but now are employees pursuant to KRS Chapter 75A who were employees of a fire protection district are entitled to the same benefits as employees pursuant to KRS Chapter 75.

  CURRENT STATUS

2/22/2023 - Introduced

POST-RETIREMENT OPTIONS FOR PUBLIC EMPLOYEES
(THOMAS, WALKER)

AN ACT relating to post-retirement options for state and local employees.

Amend KRS 61.635 to establish a partial lump sum option (PLSO), with and without survivor rights, as a payment option for retiring members of the Kentucky Employees Retirement System (KERS), County Employees Retirement System (CERS), or State Police Retirement System (SPRS); provide that the PLSO shall include a lump-sum payment of 12, 24, 36, 48, or 60 months of payments and a lifetime benefit that is actuarially reduced to reflect the lump-sum payment; require the systems to develop information to assist the member in evaluating the PLSO as a potential payment option; amend KRS 61.637 and 78.5540 to change the required break in employment before a KERS, CERS, or SPRS retiree may return to work with a participating employer from 1 or 3 months, depending upon the position, to 1 month; make technical changes; EFFECTIVE January 1, 2024.

  CURRENT STATUS

3/23/2023 - SIGNED BY GOVERNOR; (Acts Ch. 71)

RESIDENTIAL PLANNED COMMUNITIES
(FREELAND, CHRIS)

AN ACT relating to residential planned communities.

Create a new section of KRS Chapter 381 to allow the appointment of a receiver for a planned community homeowners' association when that association fails to maintain the infrastructure, common area, storm water detention or retention area, or other facility that it is legally obligated to maintain; allow a city to recover funds expended to repair, renovate, maintain, or otherwise bring violations up to code.

  CURRENT STATUS

2/24/2023 - (H) Referred to Committee House Local Government (H)

REEMPLOYMENT AFTER RETIREMENT
(MCPHERSON, SHAWN)

AN ACT relating to reemployment after retirement and declaring an emergency.

Provide that any retiree of the Kentucky Employees Retirement System (KERS), County Employees Retirement System (CERS), or State Police Retirement System (SPRS), who returned to work with a KERS, CERS, or SPRS employer on or after March 6, 2020, but prior to January 1, 2023, shall only be required to observe a one month break in employment; provide that the one month break shall be retroactive to March 6, 2020, and that any KERS, CERS, or SPRS retiree whose retirement was voided but who observed the one month break during this time period shall not be required to repay any benefits the systems has determined were paid in error; EMERGENCY.

  CURRENT STATUS

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

PROCUREMENT
(LAWRENCE, WILLIAM)

AN ACT relating to procurement.

Amend KRS 424.260, relating to local government contracts, to increase amount at which advertisement of bids is required from $30,000 to $40,000. House Floor Amendment (1) Amend KRS 45A.385 to increase small purchase amounts for public agencies from $30,000 to $40,000.

  CURRENT STATUS

3/31/2023 - SIGNED BY GOVERNOR; (Acts Ch. 152)

ELECTRIC UTILITIES
(FLANNERY, PATRICK)

AN ACT relating to electric utilities.

Create a new section of KRS Chapter 96 to require electric utilities that own and operate a municipal electric utility to establish a utility board to administer the functions of the utility; require utility rates, terms of service and customer service to be administered through rules of the board; require rates be fair, just, and reasonable and predicated on the utility cost of service; prohibit commingling of funds between the utility and other local government functions; prohibit the expenditure of utility revenues on any function other than the running of the electric utility; require anyone serving on a utility board to wait one year before serving on the municipal legislative body; require the Kentucky Public Service Commission to provide technical assistance to municipal electric utilities regarding rate setting and provide training for board members in the same manner as is provided to water district commissioners; amend KRS 42.4588 to link eligibility to funds under the Local Government Economic Development Program to compliance with establishing a board and delinking ratemaking and municipal revenue use from the political arena of the city legislative function; amend KRS 96.170 to prohibit a legislative body of a city to set rates for the electric utility; amend KRS 96.200 to prohibit the legislative body of a city from using the revenue from an electric utility for anything other than running the electric utility.

  CURRENT STATUS

2/22/2023 - Introduced

REQUIRED PUBLICATIONS
(DIETZ, STEPHANIE)

AN ACT relating to required publications.

Amend KRS 424.120 to allow legally required notices in a publication area to be published on a digital newspapers website if that digital newspaper meets certain qualifications; amend KRS 424.145 to allow a local government to publish an advertisement directing the public to its notice website on a digital newspaper website. House Committee Substitute (1) Retain original provisions; add language allowing an otherwise qualified print newspaper to be considered of regular issue without publication in the immediately preceding two year period if it is the only qualified paper in the county.

  CURRENT STATUS

3/20/2023 - SIGNED BY GOVERNOR; (Acts Ch. 27)

CRIMINAL JUSTICE
(DIETZ, STEPHANIE)

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

Amend KRS 15.280 to define "criminal justice agency"; to require the Criminal Justice Statistical Analysis Center to collect any criminal justice data within the possession of any federal agency of the federal, state, or local government, or private entity; require the center to design a records information system; provide authorization to the center to expend any general, restricted, or federal funds to carry out its functions; APPROPRIATION. House Committee Substitute (1) Retain original provisions; amend KRS 15.280 to remove definition of "criminal justice agency"; amend KRS 15A.190 to identify the uniform reporting form as the JC-3 form; require the Justice and Public Safety Cabinet to promulgate regulations; amend KRS 209A.122 to remove requirement that the Kentucky State Police report the number of domestic violence and dating violence calls and the number of arrests in response to domestic violence calls; require the Department of Kentucky State Police to provide the number of orders of protection served and received by law enforcement agencies and number of orders of protection in LINK to the center; remove the requirement that LINK provide the center with information; remove the requirement that the Division of Kentucky State Medical Examiner's Office provide the center with information; remove the requirement that coroners provide the center with information.

  CURRENT STATUS

3/31/2023 - SIGNED BY GOVERNOR; (Acts Ch. 153)

WORKFORCE DEVELOPMENT
(MADDOX, SAVANNAH)

AN ACT relating to workforce development.

Amend KRS. 343.090 to make technical corrections.

  CURRENT STATUS

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

WORKFORCE DEVELOPMENT
(WEBBER, RUSSELL)

AN ACT relating to workforce development.

Amend KRS 151B.290 to include the executive director/CEO of the Kentucky League of Cities in the Kentucky Education and Workforce Collaborative.

  CURRENT STATUS

3/24/2023 - SIGNED BY GOVERNOR; (Acts Ch. 90)

INTERNAL AUDIT FUNCTIONS AT PUBLIC PENSION FUNDS
(WEBBER, RUSSELL)

AN ACT relating to internal audit functions at public pension funds.

Amend KRS 61.505 to require the Kentucky Public Pensions Authority to appoint or contract for the services of an Internal Auditor to perform internal audit functions as directed by the Authority; provide that the Internal Auditor shall not be subject to the hiring/employment provisions of KRS Chapter 18A, Chapter 45A, and 64.640, shall be authorized by the Authority to appoint employees under his or her direct supervision, and shall have an annual performance review.

  CURRENT STATUS

3/20/2023 - SIGNED BY GOVERNOR; (Acts Ch. 28)

MEDICINAL CANNABIS
(MOSER, KIMBERLY POORE)

AN ACT relating to medicinal cannabis.

Create a new section of KRS Chapter 218A to define "cannabis"; require the Kentucky Center for Cannabis to establish criteria for determining when sufficient data exists to support the use of cannabis for medicinal purposes; permit the center to produce and dispense cannabis products to certain patients; permit the center to establish and operate cannabis dispensing centers throughout the state, exempt patients who receive cannabis products from the center from prosecution for a violation of KRS 218A.1421, 218A.1422, or 218A.1423.

  CURRENT STATUS

2/22/2023 - Introduced

REGULATION OF GAME MACHINES
(TIMONEY, KILLIAN)

AN ACT relating to the regulation of game machines.

Amend KRS 528.010 to define "coin-operated amusement machine," "skill," "skill-based contests," and "skill game"; amend the definitions of "advancing gambling activity," "gambling," "gambling device," and "something of value"; amend KRS 528.100 to authorize the Attorney General, the Commonwealth’s attorney for any locality, or the county attorney for any locality to establish a civil penalty not to exceed $25,000 for each device for any person who conducts, finances, manages, supervises, directs, or owns a gambling device in violation of KRS Chapter 528; authorize the Attorney General, the Commonwealth’s attorney for any locality, or the county attorney for any locality to cause an action in equity to be brought in the name of the Commonwealth, to enjoin the operation of a gambling device in violation of KRS Chapter 528, and request an attachment against all devices and any moneys within those devices; EMERGENCY. House Committee Substitute (1) Retain original provisions, except amend the definition of "coin-operated amusement device" and "gambling device"; define "e-sports competition"; include e-sports competitions as an exception to the definition of "gambling"; exclude devices used in e-sports competitions and skill-based contests from the definition of "gambling device"; remove emergency clause. House Floor Amendment (1) Amend the definition of "e-sports"; remove attorney's fees provision.

  CURRENT STATUS

3/16/2023 - SIGNED BY GOVERNOR; (Acts Ch. 4)

L.E.T.T.'S GROW TASK FORCE
(ROBERTS, RACHEL)

A CONCURRENT RESOLUTION to create the L.E.T.T.'s Grow Task Force.

Create the L.E.T.T.'s Grow Task Force to study and make recommendations related to the legalization, taxation, and use of cannabis in the Commonwealth; set task force membership; require the task force to meet at least once every two months during the 2023 Interim and to submit findings and recommendations to the Legislative Research Commission by December 1, 2023.

  CURRENT STATUS

2/7/2023 - Introduced

URGING ACTIONS TO IMPROVE EMERGENCY MEDICAL SERVICES
(BAUMAN, JARED)

A JOINT RESOLUTION directing and urging the Cabinet for Health and Family Services take actions to improve emergency medical services and declaring an emergency.

Direct the Cabinet for Health and Family Services to apply for a Medicaid waiver to permit the coverage of triage, treatment, and transport of patients by emergency ambulance services and submit a state Medicaid plan amendment to cover treatment in place without transportation for emergency ambulance services; urge the Cabinet for Health and Family Services to increase Medicaid reimbursement rates for ambulance services as funds become available; require the Cabinet for Health and Family Services to submit a report on actions taken by August 1, 2023; EMERGENCY.

  CURRENT STATUS

3/31/2023 - SIGNED BY GOVERNOR; (Acts Ch. 160)

KENTUCKY WOMEN’S HISTORY TRAIL
(FRAZIER GORDON, DEANNA)

A JOINT RESOLUTION directing the Tourism, Arts and Heritage Cabinet to develop a Kentucky Women's History Trail.

Direct the Tourism, Arts, and Heritage Cabinet to consult with the Transportation Cabinet and other relevant state and local agencies to develop the Kentucky Women's History Trail; require the cabinet to report strategies for implementation to the Interim Joint Committee on Tourism, Small Business, and Information Technology by November 1, 2023. House Committee Substitute (1) Retain original provisions; require that the Kentucky Women's History Trail encompass all geographic areas of Kentucky.

  CURRENT STATUS

3/31/2023 - SIGNED BY GOVERNOR; (Acts Ch. 161)

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)

NONSUBSTANTIVE REVIEW OF CERTIFICATE OF NEED
(WILLIAMS, GEX)

AN ACT relating to nonsubstantive review of certificate of need.

Create a new section of KRS Chapter 216B allowing certain local governments to request nonsubstantive review for certificate of need for provision of services; mandate 30 days for approval; repeal KRS 216B.010, which sets forth the legislative findings and purpose of KRS Chapter 216 B.

  CURRENT STATUS

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

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)

BANNING TIKTOK FROM STATE GOVERNMENT TECHNOLOGY
(MILLS, ROBBY)

AN ACT relating to banning social media applications from state government technology and declaring an emergency.

Create a new section of KRS Chapter 61 to prohibit the use or download of TikTok on any state government network or any state government-issued devices; direct the Commonwealth Office of Technology and the legislative branch to implement controls to block access to TikTok on state government-issued devices and on any state government network; permit the judicial branch of state government to implement its own ban and restrictions of TikTok; EMERGENCY. Senate Committee Substitute (1) Retain original provisions, except amend to prohibit the use of TikTok on any device connected to a network owned, operated, or under the control of the Commonwealth Office of Technology and the legislative branch of state government; permit the judicial branch of state government to implement its own ban and restrictions of TikTok; EMERGENCY. House Committee Substitute (1) Retain original provisions, except exempt all public postsecondary education institutions from the requirements of this section; permit executive branch agencies to use TikTok if necessary for law enforcement activities, civil investigations or civil enforcement activities, or research on security practices and security threats, so long as the agency takes appropriate steps to obtain access without endangering the agency's network, or any network owned, operated, or under the control of state government; EMERGENCY.

  CURRENT STATUS

3/22/2023 - SIGNED BY GOVERNOR; (Acts Ch. 50)

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)

SMALL FARM WINERIES
(WILSON, MIKE)

AN ACT relating to small farm wineries and declaring an emergency.

Amend KRS 243.155 to allow a small farm winery to annually sell and deliver up to 30,000 gallons of wine to any retail license holder; require the small farm winery to register any of these products with the department unless they are already registered by a licensed wholesaler; direct the small farm winery to pay the wine wholesale tax and report self-distributed wines; exempt small farm winery wholesalers. Senate Floor Amendment (1) Amend KRS 243.155 to reduce the gallonage for self-distribution to 12,000 gallons per licensee; ensure that products being self-distributed are from the winery holding the license; allow small farm wineries in Kentucky to sell other small farm wineries' products that are produced in Kentucky; amend KRS 243.884 to include small farm wineries in the wholesale tax. House Committee Substitute (1) Retain original provisions, except limit wine purchased between small farm wineries to 500 gallons per year per small farm winery; amend KRS 243.884 to conform. House Floor Amendment (1) Retain original provisions, except add a wholesaler license and small farm winery license to the list of licensees that can obtain a storage license. EMERGENCY.

  CURRENT STATUS

3/17/2023 - SIGNED BY GOVERNOR; (Acts Ch. 15)

CONCEALED DEADLY WEAPONS
(SOUTHWORTH, ADRIENNE)

AN ACT relating to concealed deadly weapons.

Amend KRS 527.070 to modify the types of school facilities where weapons are prohibited; state that the prohibition of weapons on school grounds only applies when entrances to the school buildings display a sign indicating that unlawfully possessing a weapon in a school is a felony; remove the requirement that signs be prominently displayed indicating possessing a weapon in a school is prohibited; remove the provision that failure to post the signs indicating weapons are prohibited in schools shall not relieve a person of liability; amend KRS 150.172, 237.110, and 527.020 to conform; repeal KRS 237.115 which interprets the application of the license to carry concealed deadly weapon statute as permitting postsecondary facilities and state and local governments to limit concealed carry in governmental buildings.

  CURRENT STATUS

2/14/2023 - (S) Referred to Committee Senate Education (S)

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)

WINE CORKAGE
(WEBB, ROBIN L.)

AN ACT relating to wine corkage.

Create a new section of KRS Chapter 243 to authorize wine corkage in conjunction with a meal by a limited restaurant or NQ2 retail drink licensee; establish conditions to remove a bottle of opened wine from the premises; amend KRS 242.260 to exempt corkage from dry and moist territory violations; amend KRS 243.020, 243.034, and 243.084 to conform.

  CURRENT STATUS

2/7/2023 - (S) Referred to Committee House Licensing, Occupations, & Administrative Regulations (H)

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)

ELECTIONS
(THAYER, DAMON)

AN ACT relating to elections.

Amend KRS 67.060 to require the office of county commissioner to have a partisan primary or partisan election; amend KRS 83A.040 to require the office of mayor and legislative body members to have a partisan primary or partisan election; amend KRS 83A.045 to require all city offices to have a partisan primary or partisan election; amend KRS 83A.100 to require the city ward to have a partisan primary or partisan election; amend KRS 160.200 to require the offices of boards of education to have a partisan primary or partisan election; amend KRS 160.210 to require school board candidates to have emblems of political party affiliation presented on the ballot; amend KRS 262.210 to require the offices of soil and water conservation officers to have a partisan primary or partisan election; amend various KRS sections to conform; and repeal KRS 83A.047, 83A.050, 83A.170, 83A.175, 160.250, and 160.260.

  CURRENT STATUS

1/5/2023 - (S) Referred to Committee Senate State & Local Government (S)

REGULATION OF CANNABIS
(YATES, DAVID)

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

3/1/2023 - (S) Referred to Committee Senate Appropriations & Revenue (S)

COLLECTION OF FEES
(NEMES, MICHAEL J.)

AN ACT relating to the collection of fees in a county containing a consolidated local government.

Amend KRS 64.012 to require the document storage fee to be held in a separate fund by the county clerk in a county containing a consolidated local government; specify uses for the fee revenue; and require reporting; amend KRS 137.115 to require in a county with a consolidated local government that specific license fees be payable to an agency of the consolidated local government as designated by its council.

  CURRENT STATUS

4/11/2023 - SIGNED BY GOVERNOR; (Acts Ch. 189)

EMERGENCY MEDICAL SERVICES OVERSIGHT
(YATES, DAVID)

AN ACT relating to emergency medical services oversight.

Amend KRS 311A.025 to remove emergency medical dispatcher, emergency medical dispatch instructor, emergency medical dispatch instructor trainer, and emergency medical dispatch center or public safety answering point from the authority of the Kentucky Emergency Services Medical Board's certification or licensure authority.

  CURRENT STATUS

2/7/2023 - (S) Referred to Committee Senate Veterans, Military Affairs, & Public Protection (S)

DRUG PARAPHERNALIA
(YATES, DAVID)

AN ACT relating to drug paraphernalia.

Amend KRS 218A.500 to exclude testing equipment, including drug testing strips, used to determine the presence of fentanyl or a fentanyl-derivative from the definition of drug paraphernalia; allow local health departments to provide testing equipment, including drug testing strips, to determine the presence of fentanyl or a fentanyl derivative to participants; allow the retail sale of testing equipment, including drug testing strips, used to determine the presence of fentanyl or a fentanyl derivative; exclude testing equipment, including drug testing strips, used to determine the presence of fentanyl or a fentanyl-derivative in the inventory of a pharmacy from classification of drug paraphernalia.

  CURRENT STATUS

2/7/2023 - (S) Referred to Committee Senate Health Services (S)

PRIVACY
(WESTERFIELD, WHITNEY)

AN ACT relating to privacy.

Create new sections of KRS Chapter 61 to define terms; prohibit a public agency from requiring an individual or nonprofit organization to compel the release of personal information, release personal information in possession of the agency, or require a contractor or grantee with the public agency to provide a list of nonprofit organizations to which it provides financial support; create exceptions; create penalties; and include a severability clause; SHORT TITLE. Senate Committee Substitute (1) Retain the original provisions; add in Section 3 an exemption for disclosures, reports, or investigations pursuant to KRS 6.601 to 6.849 or KRS Chapter 11A, except that such information shall only be used in connection with the specific disclosures, reports, or investigations and for any related proceedings; add an exemption for review work conducted pursuant to KRS Chapter 43 by the Office of the Auditor of Public Accounts. House Floor Amendment (1) Retain original provisions, except remove one condition for the response to a lawful request for discovery and permit a party to obtain a protective order barring disclosure of personal information to any person named in the litigation; clarify that the disclosure of personal information from a donation to a nonprofit organization that is affiliated with a public agency and required by statute includes the voluntary submission of personal information from a nonprofit to a public agency for verification purposes as a condition of receiving matching grant funding; make amendments for conformity to the KRS.

  CURRENT STATUS

3/29/2023 - became law without Governor's Signature (Acts Ch. 127)

WAGERING
(YATES, DAVID)

AN ACT relating to wagering and making an appropriation therefor.

Establish KRS Chapter 239 and create new sections to define terms related to online poker and fantasy contests; 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 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 68.182, 91.202, 92.282, 230.320, 230.361, and 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 establish penalties; amend KRS 243.500 and 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; provide that the provisions of the Act are severable; APPROPRIATION.

  CURRENT STATUS

2/9/2023 - (S) Referred to Committee Senate Licensing & Occupations (S)

PAROLE FOR VIOLENT OFFENDERS
(SOUTHWORTH, ADRIENNE)

AN ACT relating to parole for violent offenders.

Amend KRS 439.3401 to change requirements for parole or credit on sentences for violent offenders; create a new section of KRS Chapter 197 to establish a specialized treatment program for violent offenders.

  CURRENT STATUS

2/9/2023 - (S) Referred to Committee Senate Judiciary (S)

MOTOR VEHICLE PARKING AUTHORITIES
(THAYER, DAMON)

AN ACT relating to motor vehicle parking authorities.

Create a new section of KRS Chapter 67A to require a parking authority in an urban-county government to submit fees, rates, budgets, and budget amendments to the governing body of the urban-county government; establish administrative guidelines for implementation.

  CURRENT STATUS

3/29/2023 - became law without Governor's Signature (Acts Ch. 119)

CREATE NEW SECTION OF THE CONSTITUTION OF KENTUCKY RELATING TO MEDICAL CANNABIS
(YATES, DAVID)

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

Propose to create a new section of the Constitution of Kentucky to legalize the possession, sale, distribution, dispensing, use, and prescribing of cannabis for medical purposes as regulated and controlled by the General Assembly; direct the 2025 General Assembly to propose an additional new section of the Constitution of Kentucky to legalize recreational cannabis if medical cannabis is approved by the voters; provide ballot language; submit to voters for their ratification or rejection.

  CURRENT STATUS

2/14/2023 - (S) Referred to Committee Senate State & Local Government (S)

PUBLIC SAFETY
(CARROLL, DANNY)

AN ACT relating to public safety.

Amend KRS 17.545 to prohibit a registered sex offender from loitering within 1,000 feet of the clearly defined grounds of a school, playground, or day care; amend KRS 508.025 to include healthcare providers working in an emergency room to the list of protected workers for the offense of assault in the third degree. Senate Committee Substitute (1) Retain original provisions; add publicly owned or leased swimming pools and splash pads to the list of locations where a sex offender is prohibited from loitering within 1,000 feet of the clearly defined grounds; define "loiter." Senate Floor Amendment (1) Retain original provisions; add that a registrant shall not work in or operate any mobile business within 1,000 feet of the clearly defined grounds of various locations; define "mobile business;" working in or operating a mobile business within 1,000 feet of the clearly defined grounds of various locations shall not operate retroactively. House Floor Amendment (1) Retain original provisions; amend KRS 17.510 to provide registrants who do not have an established and fixed residence of regular return to report in person to his or her local probation and parole office every 30 days; amend KRS 403.720 to add adults siblings to the definition of "family member"; amend KRS 532.100 to conform; Section 2 of this Act takes effect on January 1, 2024.

  CURRENT STATUS

3/27/2023 - SIGNED BY GOVERNOR; (Acts Ch. 109)

TRAINING FEES
(GIRDLER, RICK)

AN ACT relating to training fees.

Amend KRS 243.025 to set cap for Department of Alcoholic Beverage Control's server training in alcohol regulations (STAR) education program at $10 per person per certification period.

  CURRENT STATUS

2/9/2023 - (S) Referred to Committee Senate Licensing & Occupations (S)

REGULATION OF FIREARMS
(THOMAS, REGINALD)

AN ACT relating to the regulation of firearms and ammunition by local governments.

Create a new section of KRS Chapter 65 to allow urban-county governments and consolidated local governments to regulate firearms and ammunition to reduce gun violence except when state or federal law preemepts local governance; amend KRS 65.870 to conform.

  CURRENT STATUS

2/9/2023 - (S) Referred to Committee Senate Veterans, Military Affairs, & Public Protection (S)

REEMPLOYMENT OF RETIRED POLICE OFFICERS
(DOUGLAS, DONALD)

AN ACT relating to the reemployment of retired urbancounty government police officers, and declaring an emergency.

Create a new section of KRS Chapter 67A to authorize urban-county governments to reemploy police officers who have retired from the urban-county government Police and Fire Fund provided the retiree participated in the Law Enforcement Foundation Program, was a service retiree, had separated from employment for at least 30 days with no prearranged agreement to return to work for the urban-county government, and had no administrative charges pending at retirement; provide that retired police officers reemployed under this section shall be hired for a one-year term subject to annual renewal by the employing urban-county government; provide that individuals employed under this section shall continue to receive all retirement and retiree health insurance benefits to which they are entitled but shall not accrue additional retirement and health benefits as a result of reemployment; specify that no retirement contributions shall be made to the retirement funds during the period of reemployment; limit the number of retired police officers under this section to the greater of 25 or a number equal to 10% of the police officers employed by the urban-county government in the preceding year. Senate Committee Substitute (1) Retain original provisions, except remove references to other pension plans besides KRS Chapter 67A; EMERGENCY.

  CURRENT STATUS

3/24/2023 - SIGNED BY GOVERNOR; (Acts Ch. 102)

MOTOR VEHICLES
(SMITH, BRANDON)

AN ACT relating to motor vehicles.

Create a new section of KRS Chapter 189 to allow a local government to issue permits for racing events; and set forth the requirements for permits and operation of a racing event. Senate Committee Substitute (1) Retain original provisions except prohibit racing events from crossing or using any state-maintained highway. House Committee Substitute (1) Retain original provisions except eliminate the language which provides for local and state government immunity; add a new section to amend KRS 189.990 to establish a separate overweight fine schedule for violating a posted bridge weight limit on any state-maintained bridge that is more than 75 years old; require signage be in place informing drivers of the fine and giving adequate notice for drivers to exit the highway; provide that if such signs are not in place, violation will be penalized as ordinary overweight violations.

  CURRENT STATUS

4/6/2023 - SIGNED BY GOVERNOR; (Acts Ch. 183)

PROHIBITING ENFORCEMENT OF FEDERAL FIREARMS BAN
(TICHENOR, LINDSEY)

AN ACT relating to prohibiting the enforcement of a federal ban or regulation of firearms and declaring an emergency.

Create new sections of KRS Chapter 237 to define terms; prohibit identified entities from enforcing federal firearm bans; prohibit identified entities from adopting rules, regulations, or ordinances that require enforcement of federal firearm bans; prohibit identified entities from allocating public resources or moneys in the enforcement of federal firearm bans; establish that federal laws, orders, or regulations that infringe upon Second Amendment rights shall be invalid and not recognized in the Commonwealth of Kentucky; create liability for enforcement of federal bans that infringe on law-abiding citizens' rights; establish a civil penalty for violations; waive sovereign immunity; provide that the Act may be cited as the Kentucky Second Amendment Preservation Act; EMERGENCY.

  CURRENT STATUS

2/10/2023 - (S) Referred to Committee Senate Veterans, Military Affairs, & Public Protection (S)

PEACE OFFICER CONTRACTS
(TURNER, JOHNNIE)

AN ACT relating to peace officer contracts.

Amend KRS 16.050 to extend contracts subject to reimbursement for training costs to five years for state police officers; amend KRS 70.290 to extend contracts subject to reimbursement for training costs to five years for law enforcement officers employed by cities and counties; amend KRS 183.881 to allow public airport boards to condition employment of a safety and security officer to contract to repay the airport board for training costs if the officer accepts a similar position within five years, and require the firing entity to repay costs under certain circumstances. Senate Committee Substitute (1) Retain original provisions; amend KRS 150.090 to include conservation officers; amend KRS 158.477 to include local boards of education which employ their own peace officers; define police departments to include local school boards with their own peace officers as local law enforcement agencies.

  CURRENT STATUS

3/23/2023 - SIGNED BY GOVERNOR; (Acts Ch. 69)

MOTOR VEHICLES
(TURNER, JOHNNIE)

AN ACT relating to motor vehicles.

Amend KRS 189.394 to eliminate all fines for speeding violations five miles per hour or less over the limit and require that a courtesy warning be given instead; amend KRS 189.725 to provide that the owner or attendant of a privately owned parking lot shall wait 24 hours before having a vehicle towed if a person experiences an incident on the property authorizing the removal of the vehicle; amend KRS 189.990 to establish that for violations of subsections (1) or (2) of KRS 189.040, subsection (1) of KRS 189.050, KRS 189.055, KRS 189.060, or KRS 189.380 a courtesy warning shall be issued for a first offense; for a subsequent offense occurring within 10 days, the operator of the vehicle shall be fined $25; allow dismissal of fine if proof of repair is shown. Senate Committee Substitute (1) Retain original provisions; create a new section of KRS Chapter 281 authorizing towing and storage companies to assess applicable and reasonable charges; amend KRS 281.920 to define "contents" and "reasonable charges"; amend KRS 67.592 to require a jailer return a valid operator's license upon a person's release, unless needed for evidentiary purposes; amend KRS 186.400 to require a notation in the operator's license database when a license is issued, renewed, suspended, or revoked; amend KRS 186A.010 to require a notation in AVIS when a motor vehicle's registration is issued, renewed, or revoked; amend KRS 186A.145 to conform; amend KRS 186.170, effective January 1, 2024, to allow for proof of a registration receipt in an electronic format; require peace officers with access to AVIS to check it at the time of a stop; amend KRS 186.510 to require a peace officer to check the operator's license database; allow a person to provide proof of a valid operator's license prior to the court date; allows for proof of an operator's license in an electronic format; amend KRS 186.990 to allow the dismissal of a charge with proof the vehicle is properly registered; amend KRS 189.450 to conform; amend KRS 189.725 to eliminate the right of a towing and storage company to have a lien on a vehicle and its contents; amend KRS 24A.175, 138.465, 186.574, 189.271,189.370, 376.268, and 431.452 to conform; repeal KRS 376.275, which established a towing or storage companies lien on a motor vehicle and its contents; effective in part January 1, 2024. Senate Floor Amendment (3) Remove section relating to penalties for speeding 5 mph or less over the limit; remove language requiring privately owned and business owned parking lots wait 24 hours before a vehicle may be towed under certain circumstances; provide that a courtesy warning or a uniform citation may be issued for certain defective equipment violations.

  CURRENT STATUS

3/15/2023 - received in House

HEALTH CARE
(MAYS BLEDSOE, AMANDA)

AN ACT relating to health care.

Amend KRS 212.420 to expand the requirements to serve as the director of health in counties containing a city of the first class; amend KRS 212.635 to expand the requirements to serve as the commissioner of health for an urban-county health department; amend KRS 212.790 to expand the requirements to serve as the director of an independent district board of health; amend KRS 212.350 to clarify that KRS 212.420 applies to consolidated local governments. Senate Committee Substitute (1) Retain original provisions, except require that a director or commissioner of health who is a nonphysician have at least a master's degree. House Floor Amendment (1) Retain original provisions; amend KRS 194A.705 to permit medication aids to administer oral or topical medication or preloaded injectable insulin to a resident of an assisted living facility under the authority of an available licensed practical nurse, registered nurse, or advanced practice registered nurse; and amend KRS 194A.705 to require unlicensed personnel who administer oral or topical medications to residents of an apartment-style personal care home to convert to a licensed assisted living community to comply no later than six months from the effective date of this Act.

  CURRENT STATUS

4/6/2023 - SIGNED BY GOVERNOR; (Acts Ch. 180)

TAX INFORMATION CONFIDENTIALITY
(MCDANIEL, CHRISTIAN)

AN ACT relating to the confidentiality of tax information.

Amend KRS 67.790 to allow counties to divulge tax information to taxing jurisdictions when requested for audit purposes; make technical changes.

  CURRENT STATUS

3/20/2023 - SIGNED BY GOVERNOR; (Acts Ch. 29)

VEHICLE RECYCLERS
(STORM, BRANDON J.)

AN ACT relating to vehicle recyclers.

Amend KRS 177.905 to change the definition of "road" to include only those highways which are a part of the national highway system, define "commission" as the Motor Vehicle Commission, and delete the existing definitions for "department" and "commissioner" ; amend KRS 177.910 to conform; amend KRS 177.912 to require any auto recycler to comply with all local ordinances, rules, and regulations, regardless if the auto recycler is required to be permitted under KRS 177.910; specify that for any auto recycler required to be permitted under KRS 177.910, the Motor Vehicle Commission may exempt the auto recycler from the permit process if the local government certifies the auto recycler's compliance as a conforming use in an industrially zoned area under the applicable zoning ordinances and regulations; allow recyclers permitted on the effective date of the Act, but no longer subject to state oversight, to continue operation on the same site for which they were permitted; keep screening, site, and use restrictions imposed by the state in place unless removed by a planning and zoning body, city, or county; give responsibility for enforcement at the local level to county attorneys; amend KRS 177.915, 177.920, 177.925, 177.935 and 177.950 to conform; repeal KRS 177.940, which relates to hearings.

  CURRENT STATUS

2/14/2023 - (S) Referred to Committee Senate Transportation (S)

EMERGENCY USE DRUGS
(TICHENOR, LINDSEY)

AN ACT relating to information on emergency use drugs and declaring an emergency.

Create a new section of KRS 217.005 to 217.215 to require that any individual who administers an unapproved drug that has been approved for emergency use by the commissioner of the United States Food and Drug Administration provides information; prohibit any person from being required to have an unapproved drug administered; EMERGENCY.

  CURRENT STATUS

2/14/2023 - (S) Referred to Committee Senate Health Services (S)

ADULT PERFORMANCES
(TICHENOR, LINDSEY)

AN ACT relating to adult performances.

Create new sections of KRS Chapter 231 to express the findings of the General Assembly relating to adult-oriented businesses and the need for regulation; define terms; establish distance parameters for the location of adult-oriented businesses in proximity to identified entities and locations; establish transition provisions for existing businesses; affirm the authority of local governmental units to supplement regulation of adult-oriented businesses. Senate Committee Substitute (1) Remove original provisions; create a new section of KRS Chapter 525 to define "adult performance"; establish the offense of engaging in an adult performance; establish penalties; create a new section of KRS Chapter 231 to establish available sanctions for allowing an adult performance at a business when minors are present.
Senate Floor Amendment (2) Amend the definition of "adult performance" to establish the performance appeals to a prurient interest in sexual conduct and lacks serious literary, artistic, political, or scientific value.

  CURRENT STATUS

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

FIREFIGHTERS FOUNDATION PROGRAM FUND
(STORM, BRANDON J.)

AN ACT relating to the Firefighters Foundation Program fund.

Amend KRS 95A.230, 95A.240, and 95A.262 to decrease the maximum required basic training hours for firefighters and volunteer firefighters needed for a local government to be eligible for funds from the Firefighters Foundation Program fund, while retaining the Kentucky Fire Commission's power to set a lower number of hours.

  CURRENT STATUS

2/16/2023 - (S) Referred to Committee Senate Veterans, Military Affairs, & Public Protection (S)

RESIDENTIAL COMMUNITIES
(WHEELER, PHILLIP)

AN ACT relating to residential communities.

Create new sections of KRS Chapter 381 to define terms related to planned communities; require newly organized planned communities to file a declaration in the office of the county clerk or clerks where the planned community is located; provide how an association shall be organized by declaration accompanied by bylaws that organize a board of directors and day to day functions of the board; provide the time period for periods of declarant control of the associations; provide for the duties and responsibilities of associations and their boards; provide for a process to amend declarations; provide requirements for declarations or bylaws of associations and for their board meetings; provide for rights and responsibilities of associations; require associations to keep certain financial records; provide owners the right to examine and copy certain records of associations; allow associations to assess lot owners for certain expenses; provide for annual assessments of each lot unless established otherwise in the declaration or the governing documents of the association and for an annual budget to be adopted by the association's board; require all owners, residents, tenants, and other persons to comply with any covenants, conditions, and restrictions of planned communities and associations; provide for associations to have a continuing lien for non-payment of levied assessments; provide that an association shall not prohibit the outdoor display of political yard signs from 30 days before any primary; regular election, or special election until seven days after that election; provide that the Act may be cited as the Planned Community Act.

  CURRENT STATUS

3/20/2023 - SIGNED BY GOVERNOR; (Acts Ch. 23)

KENTUCKY FIRE COMMISSION
(HIGDON, JIMMY)

AN ACT relating to the Kentucky Fire Commission

Create a new section of KRS Chapter 39G to attach the Kentucky Fire Commission to the Office of Homeland Security for administrative purposes; create a new section of KRS Chapter 95A to transfer employees of the Kentucky Community and Technical College System engaged in the full-time provision of instructional and support services for the mission of the Kentucky Fire Commission to the Office of Homeland Security; set forth provisions for transfer of salaries, leave balances, and other benefits; amend various statutes to conform.

  CURRENT STATUS

2/16/2023 - (S) Referred to Committee Senate Veterans, Military Affairs, & Public Protection (S)

PUBLIC AGENCY TELECOMMUNICATIONS
(TURNER, JOHNNIE)

AN ACT relating to public agency telecommunications.

Create a new section of KRS Chapter 61 to define "public agency"'; require public agencies to establish procedures for incoming calls; require the procedures to include a public agency's telephone lines be answered within 10 rings and any public agency's telephone system software allow for callers to speak to a live person during regular business hours; require the procedures to be met unless compliance would require overtime or compensatory time; allow the judicial branch of state government to establish procedures for incoming telephone calls.

  CURRENT STATUS

2/16/2023 - (S) Referred to Committee Senate State & Local Government (S)

EMPLOYERS
(WEST, STEPHEN)

AN ACT relating to employers.

Create a new section of KRS Chapter 344 to require employers that mandate employee immunization to allow exceptions based on religious belief or conscientious objection to immunizations; provide sample form for employee affirmation; amend KRS 344.040 to make it an unlawful practice for employers to require immunizations as a condition of employment from employees who hold sincere religious beliefs against or conscientiously object to immunization.

  CURRENT STATUS

2/17/2023 - (S) Referred to Committee Senate Health Services (S)

LOCAL GOVERNMENTS
(MAYS BLEDSOE, AMANDA)

AN ACT relating to local governments and declaring an emergency.

Create a new section of KRS 65.8801 to KRS 65.8839 to allow cities that have chosen to use their own collection procedure for the collection of property taxes to place unpaid code enforcement liens on the property tax bill; establish certain requirements for the lien and make provisions for the collection of the unpaid or delinquent lien; amend KRS 91.481 to include any city adopting these provisions within the definition of "collector." House Committee Substitute (1) Retain new sections placing a moratorium on city annexations until July 1, 2024; provide for conditions under which annexation may occur; provide standing for a challenge to annexations occurring within prescribed time limits; create the Task Force on Local Government Annexation; establish duties, membership, and reporting timelines of the task force; EMERGENCY; APPROPRIATION.

  CURRENT STATUS

3/29/2023 - BECAME LAW WITHOUT GOVERNOR'S SIGNATURE; (Acts Ch. 128)

AUTHORITY OF LOCAL GOVERNMENTS
(WILLIAMS, GEX)

AN ACT relating to the authority of local governments and declaring an emergency.

Create a new section of KRS Chapter 65 to permit a local government to exempt a health facility or health service from the certificate of need requirement if a need is demonstrated; require an exemption to be granted for the useful lifetime of any health facility established or equipment purchased; require health services provided under KRS Chapter 205 to be eligible for reimbursement for facilities or services under an exemption; exempt pain management, long-term care, abortion facilities, and ambulance services; limit opposition to an application for certificate of need; exempt facilities granted an exemption from application consideration; EMERGENCY.

  CURRENT STATUS

2/17/2023 - (S) Referred to Committee Senate Health Services (S)

ESTABLISH GOVERNMENT TELEWORKING TASK FORCE
(TURNER, JOHNNIE)

AN ACT establishing the Government Teleworking Task Force.

Create a new section of KRS Chapter 61 to prohibit employees of public agencies and the Administrative Office of the Courts from engaging in telework unless the Governor declares an emergency; define "public agency" and "telework"; exempt certain agencies and professions; exempt employees whose primary job responsibilities require them to be away from their primary work station at least 50 percent of the time. Senate Committee Substitute (1) Delete original provisions; establish the Government Teleworking Task Force; establish membership and areas of study; require report of findings by December 1, 2023.

  CURRENT STATUS

3/15/2023 - (H) Returned to Committee House Committee on Committees (H)

MOTOR VEHICLES
(TURNER, JOHNNIE)

AN ACT relating to the regulation of motor vehicles.

Amend KRS 186A.040 to establish insurance notification requirements and conditions for when an individual's motor vehicle registration must be revoked or a license plate surrendered; establish circumstances for when an affidavit may be submitted in lieu of proof of insurance; repeal notifications to the county attorney; require the Transportation Cabinet to prepare forms and provide a vehicle sticker under certain circumstances; prohibit towing by city, county, or local governments under certain circumstances; provide reinstatement fee; create a new section of KRS Chapter 186A to establish administrative requirements for county clerks and the Department for Vehicle Regulation; amend KRS 186A.042 to allow submission of an affidavit; require county clerks to provide a notice when processing motor vehicle registration renewals; amend KRS 186A.990 to provide penalties for failure to surrender motor vehicle license plate; amend KRS 186.180 to conform; delete fee for revocations under KRS 186.290; amend various statutes requiring proof of insurance to allow submission of an affidavit; amend KRS 304.39-080 to establish exceptions to the requirement to maintain continuous motor vehicle insurance; amend KRS 304.39-110 to require insurers to offer, upon request, 12 month policy periods; amend KRS 304.39-117 to modify requirements for evidence of compliance with minimum insurance requirements; amend KRS 304.99-060 to modify penalties; amend KRS 431.078 to create expungement rights for motor vehicle owners and operators that fail to have minimum motor vehicle insurance; make technical corrections throughout; RETROACTIVE, in part.

  CURRENT STATUS

2/21/2023 - (S) Referred to Committee Senate Transportation (S)

JUVENILE JUSTICE
(CARROLL, DANNY)

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

Amend KRS 15A.061 to require the Justice and Public Safety Cabinet to maintain a comprehensive data system for the Department of Juvenile Justice; amend KRS 15A.305 to provide additional requirements for facilities operated under the statewide juvenile detention plan; require the Department for Medicaid Services to apply for an amendment to the submitted waiver to allow Medicaid coverage for youth incarcerated in DJJ facilities; direct the Justice and Public Safety Cabinet to promulgate regulations expediting the investigation of complaints; and require the Justice and Public Safety Cabinet to submit and implement various plans within specified time frames with reporting to the Legislative Research Commission. Senate Committee Substitute (1) Retain original provisions, except amend KRS 15A.020 to reorganize the Department of Juvenile Justice; amend KRS 15A.063 to add a member of the Senate and a member of the House of Representatives as ex officio nonvoting members of the council; establish additional matters for review; move the council from the Justice and Public Safety Cabinet to the Legislative Research Commission for administrative purposes; amend KRS 15A.305 to provide appropriate defensive equipment to staff; require a return to a uniform requirement for correctional officers within juvenile detention facilities; require the reinstatement of a management training program; APPROPRIATION; EMERGENCY. Senate Floor Amendment (1) Amend KRS 15A.063 to add a member of the minority party in the Senate and a member of the minority party in the House of Representatives as ex officio, nonvoting members of the Juvenile Justice Oversight Council. Senate Floor Amendment (2) Designate staff provided with defensive equipment as "appropriate" staff. Senate Floor Amendment (3) Retain original provisions; amend KRS 610.340 to provide that confidentiality of records does not apply to local law enforcement agencies, the Department of State Police, or the FBI engaged in background checks to identify potentially disqualifying juvenile records of public offense actions resulting in adjudication; establish that an adjudication for a public offense is a conviction for limited purposes. Senate Floor Amendment (4) Retain original provisions; establish reimbursement for transportation costs incurred by local law enforcement agencies for transport of youth detained by the Department of Juvenile Justice; establish source of reimbursement payment available through June 30, 2024 or until a return to the regional model of detention.

  CURRENT STATUS

3/27/2023 - SIGNED BY GOVERNOR; (Acts Ch. 106)

STATE RETIREMENT SYSTEMS
(MILLS, ROBBY)

AN ACT relating to the fiduciary duties owed to the state-administered retirement systems.

Amend KRS 21.450, 61.650, 78.790, and 161.430 to expand scope of persons owing a fiduciary duty to the respective state-administered retirement systems, define the actions and authority with respect to the systems and the investment of system funds that will make a person a fiduciary, provide that fiduciaries shall consider the sole interest of the members and beneficiaries of the retirement systems using only pecuniary factors, prohibit the consideration of or actions taken to further non-pecuniary purposes including environmental, social, political, ideological interests, and prohibit any contract or agreement from voiding such fiduciary duties; amend KRS 21.450, 61.650, and 78.790 to require third-party fiduciaries to acknowledge their fiduciary duties in writing; amend KRS 21.450, 51.650, 78.790, and 161.430 to require the boards of the state-administered retirement systems to adopt their own proxy guidelines, prevent the boards from following the recommendations of a proxy voting service or proxy adviser unless the proxy adviser acknowledges its fiduciary duties in writing, and require the boards to either vote their own shares or have the proxy voting service or proxy adviser voting the system's shares commit to follow the board's proxy guidelines; and amend KRS 21.450, 61.645, 78.782, and 161.250 to require the quarterly reporting of proxy votes to the boards of the state-administered retirement systems; make technical changes.

  CURRENT STATUS

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

LOCAL GOVERNMENT
(THAYER, DAMON)

AN ACT relating to local government.

Amend KRS 67.160 to make technical change.

  CURRENT STATUS

2/23/2023 - (S) Referred to Committee Senate State & Local Government (S)

ACTIONS OF GOVERNMENT OFFICIALS
(MILLS, ROBBY)

AN ACT relating to actions of government officials.

Amend KRS 83A.030 to establish guidelines for changing the number of legislative body members in mayor-council form of government; amend KRS 83A.040 to allow submission of resignation via electronic mail, establish effective date of resignation if none is provided by the resignation itself; amend KRS 83A.045 to require that any ordinance eliminating a nonpartisan primary or repealing an ordinance eliminating a nonpartisan primary be filed with the county clerk in the year prior to the year in which city elections are to be held; amend KRS 83A.100 to require that any redistricting be accomplished no later than November in the year preceding elections.

  CURRENT STATUS

3/27/2023 - SIGNED BY GOVERNOR; (Acts Ch. 114)

HEALTH SERVICES
(WILLIAMS, GEX)

AN ACT relating to health services.

Create a new section of KRS Chapter 216B to require that when a certificate of need for a health service is considered orphaned the need for the health service shall be presumed, an application by a new entity must be granted a nonsubstantive review, and the application may not receive consideration of opposition by the Cabinet for Health and Family Services.

  CURRENT STATUS

2/23/2023 - (S) Referred to Committee Senate Health Services (S)

RETIREMENT FUNDS OF URBAN-COUNTY GOVERNMENTS
(MAYS BLEDSOE, AMANDA)

AN ACT relating to retirement funds of urban-county governments.

Amend KRS 67A.430 to increase the minimum monthly annuity from the Police and Fire Retirement Fund of urban-county governments to $1,500 per month effective July 1, 2023, except for those individuals receiving a non-occupational disability; make technical changes.

  CURRENT STATUS

4/6/2023 - SIGNED BY GOVERNOR; (Acts Ch. 178)

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)

AGRITOURISM
(WEBB, ROBIN L.)

AN ACT relating to agritourism.

Amend KRS 247.801 to amend the definition of agritourism activity; define "working animal"; create a new section of KRS 247.800 to 247.810 to prohibit a city, town, county, or other political subdivision of the Commonwealth from restricting a person from engaging in an agritourism activity.

  CURRENT STATUS

2/23/2023 - (S) Referred to Committee Senate Agriculture (S)

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)

TOURIST AND CONVENTION COMMISSIONS
(ADAMS, JULIE RAQUE)

AN ACT relating to tourist and convention commissions in counties containing a city of the first class or a consolidated local government and declaring an emergency.

Amend KRS 91A.370 to add the president and chief executive officer of the Kentucky State Fair Board to the tourist and convention commission in counties containing a city of the first class or consolidated local government; EMERGENCY.

  CURRENT STATUS

3/10/2023 - (H) Returned to Committee House Committee on Committees (H)

SITING OF CELLULAR ANTENNA TOWERS
(SOUTHWORTH, ADRIENNE)

AN ACT relating to the siting of cellular antenna towers.

Amend KRS 100.987 to prohibit a planning unit, legislative body, or fiscal court that has adopted planning and zoning regulations from approving the siting of a cellular antenna tower capable of providing fifth generation mobile communications service if it is within 1,640 of any inhabitable building or any outdoor space where 10 or more people gather; amend KRS 278.650 to prohibit the commission from approving the siting of a cellular antenna tower capable of providing fifth generation mobile communication service if it is within 1,640 of any inhabitable building or any outdoor space where 10 or more people gather.

  CURRENT STATUS

2/23/2023 - (S) Referred to Committee Senate Natural Resources & Energy (S)

VIOLATIONS OF PRIVACY
(SOUTHWORTH, ADRIENNE)

AN ACT relating to violations of privacy.

Create new section of KRS Chapter 411 to create a cause of action for introduction of an identification device; create new section of KRS Chapter 454 to restrict use of facial recognition technology and biometric identifiers; create new section of KRS Chapter 411 to create a cause of action for use of facial recognition technology or biometric identifiers; create new sections of KRS Chapters 6, 13B, 23A, 24A, and 29A to prohibit use of facial recognition technology as evidence; propose a new rule of evidence to make evidence gained from use of facial regnition inadmissible.

  CURRENT STATUS

2/23/2023 - (S) Referred to Committee Senate Judiciary (S)

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)

INTOXICATING HEMP PRODUCTS
(YATES, DAVID)

AN ACT relating to intoxicating hemp products.

Create a new section of KRS Chapter 260 to prohibit possession of intoxicating hemp products by a person under 21 years of age.

  CURRENT STATUS

2/23/2023 - (S) Referred to Committee Senate Agriculture (S)

WATER RESOURCES
(TURNER, JOHNNIE)

AN ACT relating to water resources.

Amend KRS 151.100 to define terms; amend KRS 151.110 to make technical corrections; amend KRS 151.112 to allow the Energy and Environment Cabinet to request technical assistance from any agency or organization to carry out its duties; make technical corrections; amend KRS 151.116 to direct the Energy and Environment Cabinet to consult with the Kentucky Infrastructure Authority in developing administrative regulations; amend KRS 151.120 to make a technical correction; amend KRS 151.125 to direct the secretary of the Energy and Environment Cabinet to adopt minimum standards for floodplain management; replace instances of “certificate of inspection” with “inspection report”; amend KRS 151.220 to permit the Energy and Environment Cabinet to accept and use cooperate agreements; amend KRS 151.250 to prohibit buildings, barriers, or obstructions in floodplains or floodways without approval and a permit from the Energy and Environment Cabinet; allow the Energy and Environment Cabinet to require approval prior to construction related to agricultural operations that impact the base flood of a stream; make technical corrections; amend KRS 151.260 to direct the Energy and Environment Cabinet to notify construction permit applicants within 20 working days for a floodplain permit and 45 working days for a dam permit; allow the secretary of the Energy and Environment Cabinet to establish administrative regulations requiring some dam owners to develop and maintain emergency action plans; amend KRS 151.293 to replace instances of “certificate of inspection” with “inspection report”; replace the “United States Weather Service” with the “National Oceanic and Atmospheric Administration”; make technical corrections; amend KRS 151.310 to prohibit encroachment on the reservoir area of any dam in Kentucky; amend KRS 151.600 to direct the Energy and Environment Cabinet to administer National Flood Insurance Program related activities; make technical corrections; repeal KRS 151.230.

  CURRENT STATUS

3/31/2023 - SIGNED BY GOVERNOR; (Acts Ch. 159)

CONSTABLES
(TICHENOR, LINDSEY)

AN ACT relating to constables and declaring an emergency.

Amend KRS 16.060 granting all constables powers and immunities; amend KRS 61.310 to make a technical correction; amend KRS 64.060 granting all constables peace officer powers; amend KRS 70.430 removing certification qualification and make a technical correction to reporting requirements; remove reporting and fee sharing requirements with certain local governments; amend KRS 148.056 granting all constable powers within parks and granting equal immunity with sheriffs; amend KRS 277.280, 164.955, 183.881, 230.240, 281.765 and 446.010 to conform; amend KRS 189.950 granting any constable the power to request blue lights for vehicles; repeal KRS 70.325, relating to the powers and duties of constable; EMERGENCY.

  CURRENT STATUS

2/23/2023 - (S) Referred to Committee Senate State & Local Government (S)

OVERLAY DISTRICTS
(SMITH, BRANDON)

AN ACT relating to overlay districts.

Amend KRS 82.660 to prevent an overlay district established by a local government from prohibiting a property owner's ability to paint structures with traditional colors that exist on other structures within the same overlay district, unless it is a historical material that has not been painted previously or painting the material may cause damage.

  CURRENT STATUS

3/1/2023 - (S) Referred to Committee Senate Appropriations & Revenue (S)

EAST KENTUCKY STATE AID FUNDING
(SMITH, BRANDON)

AN ACT relating to the East Kentucky State Aid Funding for Emergencies fund.

Amend KRS 39A.303, relating to the EKSAFE fund, to allow funds to cover new construction within the 100-year floodplain.

  CURRENT STATUS

2/23/2023 - (S) Referred to Committee Senate Appropriations & Revenue (S)

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
(HIGDON, JIMMY)

A JOINT RESOLUTION directing the Department of Alcoholic Beverage Control to study its licensing fee structure.

Direct the Department of Alcoholic Beverage Control to study its licensing fee structure; report findings and recommendations to Legislative Research Commission by December 1, 2023.

  CURRENT STATUS

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

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)

ESTABLISH PUBLIC PENSION ADMINISTRATION ADVISORY COMMITTEE
(HIGDON, JIMMY)

A JOINT RESOLUTION directing the establishment of the Public Pension Administration Advisory Committee of the Public Pension Oversight Board.

Direct the establishment of the Public Pensions Administration Advisory Committee of the Public Pensions Oversight Board (PPOB) to evaluate options for coordinating, aggregating, or consolidating actuarial, investment, or general administrative services among the state-administered retirement systems and examining additional legislative or administrative action that may be necessary to clearly define the roles of the Kentucky Retirement Systems board of trustees, County Employees Retirement System (CERS) board of trustees, and the shared administrative entity of the two boards known as the Kentucky Public Pensions Authority; require advisory committee to submit a list of findings and recommendations to the PPOB no later than Decemeber 1, 2023; require the systems to provide information and resources to assist the advisory committee.

  CURRENT STATUS

3/2/2023 - (S) SECOND READING, to Rules