Senate Bills sb1 (BR427)/aa j. Bowen, R. Stivers II, C. McDaniel, D. Thayer an act relating to retirement



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HB1 - AMENDMENTS

HCS1 - Retain original provisions, except amend KRS chapters 194A.030 to establish new language related to investigative direction of the office of the ombudsman and to specify the content of reports to be submitted to the General Assembly; 199.461 related to district caseloads; 199.470 to add “fictive kin” as an optional placement to be considered by the cabinet; 199.800 to reestablish the existing definition of “home county” and establish a new definition for “home region”; 199.640 to 199.670 to add members to the study group including, members from the governor’s office of early childhood, one former foster child, a current foster parent, and one additional employee each from a licensed child-placing agency and a child-caring facility, establish clarifying language to require the cabinet applying the standards to its own programs, and to sunset the study group after the submission of its report; 200.575 to specify that the required annual evaluation by the cabinet of family preservation services be submitted to the Child Welfare Oversight and Advisory Committee; 600.020 to delete the previously added language to the definition of “abused or neglected child” and establish new language to amend the definition of “abused or neglected child” to specify that it relates to a child diagnosed with neonatal abstinence syndrome; 605.120 to specify that an establish report related to foster parent reimbursement rates now be delivered to the newly created Child Welfare Oversight and Advisory Committee and to reestablish language related to haircut decisions by foster parents and makes it clear that in making those decisions the cabinet can restrict it for religious, racial, ethnic, or national origin reasons; 620 to change the 7 day notice to a 10 day notice, which codifies the standard that the cabinet says it uses now and establish language to allow the notice to not be given if imminent danger exists for the child; 620.050 to establish new language to ensure that all files, reports, notes, photographs, records, electronic and other communications, and working papers used or developed by the children's advocacy center are protected through the court process; 620.180 to change the 30 day requirement to a 10 calendar day requirement for the initial case conference for a child who was removed and establish new language that specifies the 15 cumulative month requirement on the cabinet to reunify or seek termination of parental rights shall be 15 cumulative months out of 48 months and establish clarifying language to specify what paperwork is due to the court after termination of rights; 620.270 to establish clarifying language related to allowing a forum for citizens throughout the state to express their thoughts and opinions related to child welfare; 625.090 to make a reference change related to new language clarifying 15 cumulative months out of 48 months as it applies to a child in the custody of the state and establish language to reference the new “abused or neglected child” definition in the bill as grounds for involuntary termination of parental rights; 625.110 to clarify the timeframe of the courts consideration of appeals of termination of parental rights; newly establish language in 199 related to the purpose of the putative father registry to establish a $25 fee to any person who requests a search of the registry; 199.480 to change the 20 day time limit after a child’s birth for a putative father to register with the registry is changed to 30 days after the child’s birth; 625.040 to establish that a petition for voluntary termination of parental rights be fully adjudicated and a final judgement entered by the court within six months of the filing of the petition; 625.042 to establish a 30 day related to voluntary termination of parental rights and the cabinet’s approval; 625.050 to establish that a petition for involuntary termination of parental rights be fully adjudicated and a final judgement entered by the court within six months of the filing of the petition; 199.500 to establish that a signed consent for adoption shall become final and irrevocable 20 days after it is signed; establish a new section of 620 to establish if the cabinet determines that return home is not recommended for a child, the parent or person exercising custodial control of the child may appeal the determination of the cabinet within thirty 30 days of the cabinet’s determination and require the review the appeal and make its final determination within three months after the appeal is filed; 620.146 to establish new language proposed by the cabinet related to how the cabinet contacts a school when a change of custody occurs for a child in a dependency, neglect, or abuse case and allow the communication to be electronic or facsimile; 620.360 to amend the foster parent bill of rights to make it an explicit right that a foster parent shall receive notice of and have a right to attend and have a right to be heard in, either verbally or in writing, any cabinet or court proceeding held with respect to a child and apply the foster parent bill of rights shall apply to all foster parents; a new section of 620 to establish a study by the cabinet related to privatization and make it mirror the performance based contracting study establish by the bill and specify the privatization study will have assigned members and a date of July 1, 2019; 21A is amended to require that a statutorily required report related to the opening of juvenile court proceedings will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; 157.065 to require that a statutorily required report related to school breakfast programs will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; 194A.146 to require that a report related to the statewide strategic planning committee for children in placement will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; 194A.365 to require that a statutorily required report related to the numbers of children in the custody of the state will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; 199.8943 to require that a statutorily required report related to the quality-based graduated early childhood rating system will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; 199.8983 to require that a statutorily required report related to the annual report of the Kentucky Child Care Advisory Council will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; 211.684 to require that a statutorily required report related to the annual report of the cabinet child fatality reporting system will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; 620.055 to require that a statutorily required report related to the annual report of the external child fatality and near fatality panel will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; and 620.320 to require that a statutorily required report related to the annual report of the citizen foster care review boards will now be delivered to the newly created Child Welfare Oversight and Advisory Committee and establish the inclusion in the report findings of the local citizen foster care review board community forums.

HFA1(D. Meade ) - Require the report from the Cabinet for Health and Family Services, Office of the Ombudsman to also be sent to the Interim Joint Committee on Health and Welfare and Family Services; establish new language to specify that the requirement for the Cabinet for Health and Family Services to start performance based contracts applies to child-caring facilities and child-placing agencies that contract with the Department for Community Based Services; specify that the required 10 day notice when the Cabinet for Health and Family Services is moving a child who is in the cabinet's custody shall be given to foster parents and to child-caring facilities and child-placing agencies that have custody of a child; delete the change to the definition of "abused or neglected child" that related to the diagnosis of neonatal abstinence syndrome; and establish clarifying language related to the diagnosis of neonatal abstinence syndrome as grounds for involuntary termination of parental rights.

HFA2(J. Tipton) - Amend KRS 405.020 to establish possible court appointed legal representation for a de facto custodian in child custody cases.

HFA3(D. Meade ) - Require the report from the Cabinet for Health and Family Services, Office of the Ombudsman to also be sent to the Interim Joint Committee on Health and Welfare and Family Services; establish new language to specify that the requirement for the Cabinet for Health and Family Services to start performance-based contracts applies to child-caring facilities and child-placing agencies that contract with the Department for Community Based Services; specify that the required 10 day notice when the Cabinet for Health and Family Services is moving a child who is in the cabinet's custody shall be given to foster parents and to child-caring facilities and child-placing agencies that have custody of a child; delete the change to the definition of "abused or neglected child" that related to the diagnosis of neonatal abstinence syndrome; establish clarifying language related to the diagnosis of neonatal abstinence syndrome as grounds for involuntary termination of parental rights; establish clarifying language related to when a putative father can be added as a party to an involuntary termination of parental rights case; make technical changes.

SCS1 - Retain original provisions, except create new language in a new section of KRS Chapter 620 to add clarifying language that foster parents and child-caring facilities and child-placing agencies will receive the 10 day notice of when a foster child is going to be moved to a new placement or reunified with the birth parents; amend KRS 620.050 to establish new language to make it clear that children’s advocacy centers may, in its sole discretion, provide testimony during an administrative hearing process in lieu of files, reports, notes, photographs, records, electronic and other communications, and working papers used or developed by the center if the center determines that the release poses a threat to the safety or well-being of the child, or would be in the best interests of the child; amend KRS 620.090 to establish new language related to the fact that a child is diagnosed with neonatal abstinence syndrome at birth can be grounds for the courts to terminate parental rights, to clarify that grounds for termination of parental rights does not exist if a mother, before birth, was prescribed and properly using medication for a legitimate medical condition as directed by a health care practitioner that may have led to the neonatal abstinence syndrome, and to change the 60 day requirement after birth for a mother to be enrolled in enrolled in and maintaining substantial compliance with both a substance abuse treatment or recovery program and a regimen of prenatal care or postnatal care to 90 days; amend KRS 199.502 to establish language related to allowing a court to appoint attorneys for birth parents in adoption proceedings if the court finds the birth parents to be indigent; and amend KRS 17.185 related to fingerprint requirements by the Kentucky State Police.

SFA1(W. Westerfield) - Provide that this Act may be know and cited as the Hadley-Cara Act.

SFA2(W. Westerfield) - Retain original provisions except delete langauge amending KRS 405.020 to establish possible court appointed legal representation for a de facto custodian in child custody cases and estabish new langauge to amend KRS 620.100 to establish possible court appointed legal representation for a de facto custodian in child custody cases.

Jan 30, 2018 - introduced in House

Feb 01, 2018 - to Health and Family Services (H)

Feb 16, 2018 - posted in committee

Feb 22, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute (1)

Feb 23, 2018 - 2nd reading, to Rules

Feb 26, 2018 - floor amendments (1) and (2) filed to Committee Substitute

Feb 27, 2018 - posted for passage in the Regular Orders of the Day for Wednesday, February 28, 2018; floor amendment (3) Committee Substitute (1) filed

Feb 28, 2018 - 3rd reading, passed 94-1 with Committee Substitute, floor amendments (2) and (3)

Mar 01, 2018 - received in Senate

Mar 05, 2018 - to Health & Welfare (S)

Mar 19, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute (1); floor amendment (1) filed to Committee Substitute

Mar 20, 2018 - 2nd reading, to Rules

Mar 21, 2018 - floor amendment (2) filed to Committee Substitute



HB2 (BR244)/LM - A. Koenig, B. Rowland, M. Castlen, J. DeCesare, T. Herald, R. Mills, D. Osborne, D. St. Onge, S. Wells, A. Wuchner

AN ACT relating to workers' compensation.



Amend KRS 342.020 to limit the time period of payment of medical expenses for certain permanent partial disabilities to 780 weeks but provide a mechanism to apply for extended benefits; limit the number of drug screens for which the employer will be liable; amend KRS 342.035 to specify circumstances upon which utilization review can be waived; mandate promulgation of treatment guidelines and a pharmaceutical formulary; clarify that a fee shall not be charged when an injured worker requests the initial copy of medical records; amend KRS 342.040 to indicate that interest will not accrue when the delay in payment of benefits was caused by the employee; amend KRS 342.125 to clarify that the four-year period in which to reopen a claim begins on the date of the original order granting or denying benefits and that subsequent orders granting or denying benefits shall not be considered an original order; amend KRS 342.185 to indicate that an application for adjustment of claim for compensation for a cumulative trauma injury must be made within five years of the last injurious exposure to the cumulative trauma; amend KRS 342.270 to require commissioner of Department of Workers' Claims to promulgate regulations establishing procedures for resolution of claims; amend KRS 342.315 to include pulmonary specialist as an examiner; amend KRS 342.316 to change procedure for filing occupational disease claims; amend KRS 342.320 to change calculation of attorney fees and increase limitation on amount of fees; amend KRS 342.610 to indicate that the employee must show that the voluntary introduction of a substance into his or her body that causes a disturbance of mental or physical capacities was not the proximate cause of his or her injury; amend KRS 342.700 to allow the recovery in subrogation of indemnity and medical expenses paid to or on behalf of the employee, less a pro rata share of the employee's legal expenses; amend KRS 342.730 to increase average weekly wage caps; set time limits for total disability benefits paid to certain professional athletes; allow payment of temporary total disability benefits to be offset by gross income minus applicable taxes paid to an employee during a period of light-duty work or work in an alternative job position; provide an offset against temporary total disability benefits for salary continuation or wholly employer-funded disability retirement plans; indicate that benefits shall terminate when a plaintiff reaches age 67 or two years after the date of injury, whichever shall last occur; amend KRS 342.7305 to require employment for a minimum of one year in order to be the responsible employer in a hearing loss claim; amend KRS 342.732 to set forth parameters for retraining; delete provisions of KRS 342.792 requiring the commissioner of Department of Workers' Claims to adopt regulations regarding the "B" reader process; amend KRS 342.794 to require commissioner of Department of Workers' Claims to maintain a list of "B" readers who are pulmonary specialists; amend KRS 342.990 to conform; specify the applicability of substantive changes to claims arising on or after effective date of Act and remedial changes to all claims irrespective of injury date.

HB2 - AMENDMENTS

HFA1/P(J. York) - Delete original provisions; amend KRS 342.0011 to clarify definition of injury to include psychological injuries for certain employees and define "temporary partial disability"; amend KRS 342.020 to allow for attorney fees in medical disputes; amend KRS 342.035 to set forth certain exceptions to utilization review; amend KRS 342.040 and KRS 342.125 to conform; amend KRS 342.320 to increase amount of attorney fees; amend KRS 342.730 to increase cap on income benefits and increase statutory factors for certain permanent impairment; create a new section of KRS Chapter 342 to set out when the psychological injuries are valid workers' compensation claims when no physical injury exists.

HFA2(A. Koenig) - Amend to indicate that a determination that medical benefits should extend beyond the 780 week period is not limited to an extension of only 104 weeks; amend to indicate that a cancer specified in KRS 61.315(11)(b) shall have a 20 year limitations period.

HFA3(J. York) - Delete original provisions; amend KRS 342.0011 to define "temporary partial disability"; amend KRS 342.020 to allow for attorney fees in medical disputes; amend KRS 342.035 to set forth certain exceptions to utilization review; amend KRS 342.040 and KRS 342.125 to conform; amend KRS 342.316 to indicate that certain types of cancer specified in KRS 61.315(11)(b) shall have a 20 year limitations period; amend KRS 342.320 to increase amount of attorney fees; amend KRS 342.730 to increase cap on income benefits and increase statutory factors for certain permanent impairment.

SCS1/LM - Retain original provisions, except include additional conditions to provisions setting forth injuries due to amputation; provide that employers may request additional urine drug screens beyond proscribed maximum amounts; clarify time periods in which notice must be given and application for benefits filed for cumulative trauma claims; amend KRS 342.265 to specify a higher discount rate for lump sum settlements of awards in excess of forty dollars per week; eliminate provision setting a one year minimum employment with an employer for liability for occupational disease claims; eliminate provision requiring physician to certify that a claimant's breathing test was invalid in order to suspend benefits; make technical changes to provisions dealing with compensability of claim when the employee introduces illegal substances into his or her body; amend provisions to increase age in which income benefits shall terminate to 70 years old, or two years after the date of injury or last exposure, whichever shall last occur; clarify that offset for payments made under disability plans, disability retirement plans, and sickness and accident plans only pertains to exclusively employer-funded plans; clarify that the Commissioner shall maintain a list of "B" readers who are board-certified pulmonary specialists to perform examinations pursuant to KRS 342.316; and make technical changes to provisions designating effective date of certain sections of the Act.

SFA1(R. Stivers II) - Retain original provisions; specify when the permanent partial benefits are extended; and change the time period when benefits shall terminate from when a plaintiff reaches age 70 or two years after the date of injury, whichever shall last occur, to when a plaintiff reaches age 70 or four years after the date of injury, whichever shall last occur.

SFA2(M. McGarvey) - Delete the original provisions and amend KRS 342.0011 removing the requirement that an injury must be the direct result of a physical injury; amend KRS 342.020 to require that an attorney fee for medical fee disputes; amend KRS 342.035 to require that if the parties agree uitlization review is not necessary and fees for medical records; amend KRS 342.040 to require that no interest be paid if the employee is responsible for the delay; amend KRS 342.185 concerning cumulative trauma; amend KRS 342.320 to increase the maximum attorney fees; amend KRS 342.700 regarding subrogation against third parties; and amend KRS 342.730 to increase income benefits, increase the time for compensation from age 67 or 2 years from the injury to age 70 or 5 years after an injury, establish an offset against an employee returning for light duty, and establish when a professional athlete is eligible for compensation.

Feb 12, 2018 - introduced in House

Feb 13, 2018 - to Economic Development & Workforce Investment (H); posted in committee

Feb 15, 2018 - reported favorably, 1st reading, to Calendar

Feb 16, 2018 - 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Tuesday, February 20, 2018; floor amendment (1) filed

Feb 20, 2018 - 3rd reading; returned to the Orders of the Day; floor amendments (2) and (3) filed

Feb 21, 2018 - floor amendment (1) defeated; passed 55-39 with floor amendment (2)

Feb 22, 2018 - received in Senate

Mar 05, 2018 - to State & Local Government (S)

Mar 19, 2018 - taken from State & Local Government (S); 1st reading; returned to State & Local Government (S)

Mar 20, 2018 - taken from State & Local Government (S); 2nd reading; returned to State & Local Government (S)

Mar 21, 2018 - reported favorably, to Rules with Committee Substitute (1); floor amendment (1) and (2) filed to Committee Substitute

Mar 22, 2018 - posted for passage in the Regular Orders of the Day for Thursday, March 22, 2018; 3rd reading; floor amendment (2) defeated; passed 23-14 with Committee Substitutes (1) floor amendment (1); received in House; to Rules (H)

Mar 27, 2018 - taken from Rules (H); posted for passage for concurrence in Senate Committee Substitute and floor amendment (1); House concurred in Senate Committee Substitute and floor amendment (1); passed 55-39



HB3 (BR820) - J. Shell, J. Sims Jr, J. Carney, J. Greer, M. Hart, R. Heath, M. Marzian, D. Osborne, P. Pratt, J. Richards, B. Rowland, S. Santoro, D. Schamore, J. Tipton

AN ACT relating to school curriculum.

Create a new section of KRS Chapter 158 to require, beginning with the 2019-2020 school year, each school to provide an essential skills curriculum to students; amend KRS 158.645 to conform; create a new section of KRS Chapter 158 to create the Council on Essential Skills; amend KRS 158.6453 to require the Council on Essential Skills to serve as a review committee for career studies; require the department to include the essential skills program on the school profile report; amend KRS 158.6457 to include work ethics certification in the definition of nonacademic factors; create a new section of KRS Chapter 158 requiring the Kentucky Department of Education to develop an age-appropriate drug awareness and prevention program; require local school boards to ensure that students receive annual instruction in drug awareness and prevention.

HB3 - AMENDMENTS

HFA1(J. Carney) - Add successful completion of Advanced Placement, Cambridge Advanced International, and International Baccalaureate to the list of essential skills indicators for high school students; require the student's school to verify work-based learning, service learning, community service, and extracurricular activities; change the word "ethics" to "ethic" throughout.

HFA2(M. Marzian) - Add demographic specifications to the membership of the Council on Essential Skills.

SCS1 - Delete original provisions; create a new section of KRS Chapter 158 to require, beginning with the 2019-2020 school year, each school district to promote an essential workplace ethics program; require each local district to establish essential workplace ethics indicators; require each local board to design an award to reflect that a student has attained workplace ethics indicators; require superintendents to report to the commissioner on the district's workplace ethics programs; amend KRS 158.6453 to require the department to include the essential workplace ethics program on the school profile report; require the academic standards in practical living skills for all grade levels include drug abuse prevention; require the Office of Drug Control Policy develop recommendations on instruction in drug abuse prevention; EMERGENCY.

SCA1(M. Wise) - Make title amendment.

Jan 31, 2018 - introduced in House

Feb 02, 2018 - to Education (H); posted in committee

Feb 06, 2018 - reported favorably, 1st reading, to Calendar

Feb 07, 2018 - 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 8, 2018

Feb 08, 2018 - floor amendment (1) and (2) filed

Feb 12, 2018 - 3rd reading, passed 91-0 with floor amendments (1) and (2)

Feb 13, 2018 - received in Senate

Feb 16, 2018 - to Education (S)

Mar 20, 2018 - taken from Education (S); 1st reading; returned to Education (S)

Mar 21, 2018 - taken from Education (S); 2nd reading; returned to Education (S)

Mar 22, 2018 - reported favorably, to Rules with Committee Substitutes (1) committee amendment (1-title)




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