Senate Bills sb1 (BR427)/aa j. Bowen, R. Stivers II, C. McDaniel, D. Thayer an act relating to retirement
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HB386 (BR1685) - S. Riley Feb 26-WITHDRAWN HB387 (BR1711)/LM - D. Owens, A. Scott, R. Meeks AN ACT relating to the regulation of firearms and ammunition by local governments. Create a new section of KRS Chapter 65 to allow 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. Feb 15, 2018 - introduced in House Feb 20, 2018 - to Judiciary (H)
AN ACT relating to the Kentucky Workers' Compensation Funding Commission. Amend KRS 342.0011 to define "deductible program adjustment" and specify items to be considered on policies with provision for deductibles; amend KRS 342.122 to require all assessments to be remitted electronically beginning on January 1, 2020; amend KRS 342.1221 to clarify that interest is paid for late payment of expenses; amend KRS 342.1231 to change the term "taxpayer" to "assessment payer"; set a 7-year limitation from the date of the quarterly premium report or amended quarterly premium report for assessments; require records to be preserved for audits, explain when payment is final, and when a refund should be returned; amend KRS 342.1242 to require KEMI to reimburse for expenses to collect the coal assessment; amend KRS 342.1243 to clarify when assessments for the coal workers' pneumoconiosis fund cease and when the fund is abolished.
HCS1/LM - Retain the original provisions except to add KRS 342.1223 and to remove "nondividend paying" from subsection (2)(b) and in KRS 342.1231(7) change seven years to five years. SCS1/LM - Retain original provisions except to amend in KRS 342.0011 the definitions of "premium" and "premiums received" to clarify assessments for deductible policies and to amend KRS 342.1223 to establish that employees of the Workers' Compensation Funding Commission may be exempt from the classified service. Feb 16, 2018 - introduced in House Feb 21, 2018 - to Economic Development & Workforce Investment (H) Feb 23, 2018 - posted in committee Mar 01, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute (1) Mar 02, 2018 - 2nd reading, to Rules Mar 05, 2018 - posted for passage in the Regular Orders of the Day for Tuesday, March 6, 2018 Mar 06, 2018 - 3rd reading, passed 77-18 with Committee Substitute Mar 07, 2018 - received in Senate Mar 08, 2018 - to Economic Development, Tourism, and Labor (S) Mar 13, 2018 - taken from Economic Development, Tourism, and Labor (S); 1st reading; returned to Economic Development, Tourism, and Labor (S) Mar 14, 2018 - taken from Economic Development, Tourism, and Labor (S); 2nd reading; returned to Economic Development, Tourism, and Labor (S) Mar 15, 2018 - reported favorably, to Rules with Committee Substitute (1) as a consent bill Mar 20, 2018 - posted for passage in the Consent Orders of the Day for Tuesday, March 20, 2018; 3rd reading, passed 33-5 with Committee Substitute (1) Mar 21, 2018 - received in House; to Rules (H) Mar 22, 2018 - taken from Rules (H); posted for passage for concurrence in Senate Committee Substitute; House concurred in Senate Committee Substitute; passed 57-32; enrolled, signed by Speaker of the House Mar 27, 2018 - enrolled, signed by President of the Senate; delivered to Governor
AN ACT to relating to the collection and remittance of use tax by remote sellers. Amend KRS 139.340 to require certain remote sellers to collect use tax on sales of tangible personal property or digital property delivered or transferred electronically to purchasers in this state; EFFECTIVE August 1, 2018. Feb 16, 2018 - introduced in House Feb 21, 2018 - to Appropriations & Revenue (H)
AN ACT relating to economic development incentives. Amend KRS 154.32.010 to define "weekly minimum wage"; amend KRS 154.32-020 to require an approved company to pay all new full-time employees whose jobs were created as a result of the economic development project no less than the minimum weekly wage and provide employee benefits for those jobs equal to at least 15% of the minimum weekly wage established by the agreement; amend KRS 154.32-030 to delete all provisions that allow the approved company to receive full incentives if 90% of the job and wage requirements are met upon activation or annual review; amend KRS 154.32-040 to delete a provision that would allow the approved company to receive a reduction in tax incentives for failing to meet job and wage requirements. Feb 20, 2018 - introduced in House Feb 22, 2018 - to Economic Development & Workforce Investment (H)
AN ACT relating to inheritance. Amend KRS 391.010 to move the surviving spouse first in line for inheritance of an intestate estate; apportion the surviving spouse's share of the estate depending on other surviving descendants. Feb 20, 2018 - introduced in House Feb 22, 2018 - to Judiciary (H) Mar 01, 2018 - posted in committee HB392 (BR1953) - M. Cantrell AN ACT relating to the operation of a motor vehicle. Create a new section of KRS Chapter 189 to define the term "personal listening device"; prohibit the operator of a motor vehicle in motion traveling upon the traveled portion of the highway from operating the vehicle with personal listening devices covering or inserted into both ears; exempt headset systems used on motorcycles from the prohibition. Feb 20, 2018 - introduced in House Feb 22, 2018 - to Transportation (H)
AN ACT relating to the establishment of minimum wages by local governments. Amend KRS 65.016 and 337.275 to allow local governments to pass an ordinance setting employees' minimum wages at a rate higher than that found in KRS 337.275 for employers located within that government's jurisdiction. Feb 20, 2018 - introduced in House Feb 22, 2018 - to Local Government (H)
AN ACT relating to abandoned property. Establish KRS Chapter 393A and create new sections thereof to enact the Revised Uniform Unclaimed Property Act of 2016; amend KRS 41.360, 164A.701, 164A.707, 304.15-420, 393.170, and 393.250 to conform; repeal KRS 393.010, 393.060, 393.062, 393.064, 393.066, 393.072, 393.090, 393.095, 393.100, 393.110, 393.115, 393.120, 393.125, 393.130, 393.140, 393.150, 393.160, 393.180, 393.190, 393.210, 393.220, 393.230, 393.240, 393.260, 393.270, 393.280, 393.290, and 393.990; require the State Treasurer to submit a report on the status of the abandoned property fund to the Legislative Research Commission by December 15, 2018.
SFA1(J. Bowen) - Specify that property held by a court may be paid to the administrator one year after the property becomes distributable, but shall be paid no later than five years after the property becomes distributable. Feb 20, 2018 - introduced in House Feb 22, 2018 - to State Government (H) Feb 27, 2018 - posted in committee Mar 01, 2018 - reported favorably, 1st reading, to Consent Calendar Mar 02, 2018 - 2nd reading, to Rules Mar 06, 2018 - posted for passage in the Consent Orders of the Day for Wednesday, March 7, 2018 Mar 07, 2018 - taken from the Consent Orders of the Day, placed in the Regular Orders of the Day Mar 08, 2018 - 3rd reading, passed 92-0 Mar 09, 2018 - received in Senate Mar 12, 2018 - to Judiciary (S) Mar 15, 2018 - reported favorably, 1st reading, to Consent Calendar; floor amendment (1) filed Mar 16, 2018 - 2nd reading, to Rules Mar 20, 2018 - posted for passage in the Regular Orders of the Day for Thursday, March 22, 2018 Mar 22, 2018 - passed over and retained in the Orders of the Day Mar 27, 2018 - 3rd reading, passed 37-0 with floor amendment (1); received in House; to Rules (H)
AN ACT relating to emergency air ambulance coverage. Amend KRS 304.17A-005 to define balance bill and insured; create a new section of subtitle 17A of KRS Chapter 304 to define registered air ambulance service provider, to prohibit a health benefit plan from using an allowed amount for air ambulance services under certain conditions, to determine when an air ambulance transport is medically necessary, to require assumption of charges by the insurer under certain conditions, to require notification to the air ambulance service of assumption by the insurer, prohibit the air ambulance provider from certain actions following receipt of notification, to establish payment requirements for the insurer, to establish the Independent Dispute Resolution program for disputed air ambulance service charges within the Department of Insurance, to require reporting by registered air ambulance service providers and the department, to set requirements for registration in the program, to set requirements to be an independent reviewer for the program, and to establish procedures for the Independent Dispute Resolution program; and amend KRS 304.17A-096, 304.17A-430, 304.17B-001, 304.17B-015, 304.17B-033, 304.17C-010, 304.18-114, 304.38A-010, and 304.39-241 to conform. Feb 20, 2018 - introduced in House Feb 22, 2018 - to Banking & Insurance (H)
AN ACT relating to crimes and punishments and making an appropriation therefor. Amend KRS 186.990 to reclassify select non-DUI traffic and licensure offenses from misdemeanors to violations; increase the felony threshold for registering a vehicle out of state to avoid taxation from $500 to $2,000 and create a Class B misdemeanor level for offenses of less than $100; amend KRS 186.991 to reclassify offenses related to truck or tractor dealer-demonstrator tags from Class B misdemeanors to violations; amend KRS 186A.990 to reclassify offenses related to temporary motor vehicle tags from Class B misdemeanors to violations, and offenses without prescribed penalties from Class A misdemeanors to violations; amend KRS 189.990 to reclassify a second offense of disregarding a traffic regulation from a Class B misdemeanor to a violation, and misuse of an off-road vehicle from a Class A misdemeanor to a violation; amend KRS 304.99-060 to reclassify the first and second offenses of driving without and failing to maintain proper security from Class B and A misdemeanors to violations; amend KRS 138.465 to conform; amend KRS 194A.990, 205.8461, 205.8463, 217.181, 238.995, 304.47-020, 341.990, 365.241, 434.650, 434.655, 434.660, 434.670, 434.690, 434.850, 434.851, 434.853, 514.030, 514.040, 514.050, 514.060, 514.070, 514.080, 514.090, 514.110, 514.120, 516.120, and 517.060 to increase the felony threshold for offenses from $500 to $2,000 and create a Class B misdemeanor level for offenses of $100 or less; amend KRS 218A.1415 to reclassify first degree possession of a controlled substance from a Class D felony to a Class A misdemeanor for first and second offenses, require probation to be imposed for the offense unless the defendant has been convicted of certain violent or sexual offenses within the last five years, and allow the court to order a substance abuse assessment and treatment referral based on the recommendation of the treatment or service provider; amend KRS 218A.1416 to reclassify the penalty for second degree possession of a controlled substance from a Class A misdemeanor to a Class B misdemeanor; amend KRS 218A.14151 to revise findings to be made by the prosecutor if entry into a deferred prosecution program is denied and to require the prosecutor to state reasons for the requirement of a criminal conviction; amend KRS 511.040 to exclude motor vehicles, with the exception of recreational vehicles, from the definition of “building” for the purposes of third degree burglary; amend KRS 439.250 to revise definition of parole compliance credits and establish definitions for probation compliance credits, technical violations, and absconding; amend KRS 446.010 to revise definitions for pretrial risk assessment, supervised individual, and treatment; create a new section of KRS 439.250 to 439.560 to establish an administrative parole process that allows inmates serving a sentence for a Class C or D felony offense that is not a violent or sexual offense to be released at the parole eligibility date without a hearing if the inmate does not commit a serious disciplinary violation, unless the victim or Commonwealth’s attorney requests a hearing; amend KRS 439.340 and 439.3406 to conform; amend KRS 439.553 to require graduated sanctions to be used in response to technical violations and absconding violations; amend KRS 532.260 to allow inmates with 12 months or less to serve on their sentence to be eligible for home incarceration, require a risk and needs assessment to be conducted for offenders placed on home incarceration, and allow graduated sanctions to be used in response to technical violations committed while on home incarceration; amend KRS 439.3107 to require the Department of Corrections to adopt a system of graduated sanctions for absconding violations; amend KRS 439.3108 to require graduated sanctions to be used for the first absconding violation unless the parole officer determines the individual has committed new criminal activity during the absconding period or the individual is on supervision for a sexual or violent offense; allow the Department of Corrections to use graduated sanctions for the second and subsequent absconding violation; amend KRS 439.341 to require preliminary hearings for supervised individuals who have been detained for a technical violation to be conducted within 15 days of detainment; require a show cause hearing to be held to extend the period of detainment beyond the 15 days, otherwise the supervised individual will be released and continued on supervision; prohibit the period of detainment pending final revocation hearing to exceed the length of the revocation limitations established in KRS 439.430 or 533.050; amend KRS 439.315 to require fees to be waived for individuals placed on administrative supervision; require fees to be suspended for the first six months of a person’s term of community supervision following release from custody, unless the releasing authority determines the individual has an ability to pay; clarify that nonpayment of fines, fees, and court courts must be willful in order to be considered a technical violation and grounds for revocation; amend KRS 439.430 to allow a summons to be issued in lieu of a warrant for a technical violation; require a preliminary hearing and revocation hearing to be conducted before a parole can be revoked; require the final revocation hearing to be conducted within 30 business days of the date of the preliminary hearing; limit the term of imprisonment that can be imposed for a technical violation to up to 30 days for the first revocation, up to 90 days for the second revocation, up to 180 days for the third revocation, and up to two years for the fourth and subsequent revocation; repeal KRS 439.440; amend KRS 533.020 to reduce the maximum probation period that can be ordered from five years to four years and make conforming amendments; amend KRS 533.050 to require a final revocation hearing to be held within 30 business days of the preliminary hearing; prohibit individuals detained pending a final revocation hearing from being held beyond the maximum time that can be revoked for a technical violation; limit the term of imprisonment that can be imposed for a technical violation to up to 30 days for the first revocation, up to 90 days for the second revocation, up to 180 days for the third revocation, and up to two years for the fourth and subsequent revocation; create a new section of KRS 439.250 to 439.560 to establish probation credits; amend KRS 439.345 to remove the requirement that a parolee serve one or two years on supervision before being eligible for certain credits and incentives and add a conforming amendment; amend KRS 441.127 to expand credits available to misdemeanors; amend KRS 439.3105 to expand eligibility for administrative supervision to allow individuals with remaining financial obligations to be placed on administrative supervision, and require individuals who are low-risk and served six months on active supervision without a violation of the terms and conditions of supervision to be placed on administrative supervision; create a new section of KRS 439.250 to 439.560 to establish a geriatric parole review process that allows inmates convicted of a nonviolent and nonsex offense who have reached the age of 65 years and served at least fifteen percent of their sentence to be considered for parole release by the board; amend KRS 439.3405 to expand eligibility for medical parole to inmates who have a physical or mental disability that renders them incapable of being a danger to society and requires the Parole Board to notify inmates in writing when a medical parole consideration has been denied; amend KRS 534.020 to require an installment plan set up for repayment of court costs and fees to be determined based on defendant’s discretionary income; allow installment plans to be extended to the defendant’s term of supervision; allow community service to be used in lieu of revocation for nonpayment of financial obligations; amend KRS 431.066 to limit the use of monetary bail to certain high-risk defendants and create a preventative detention process for defendants of select risk levels and charge types; create a new section of KRS Chapter 431 to establish a preventative detention hearing process and define the limited circumstances in which monetary bail can be imposed; amend various statutes to conform; repeal KRS 431.021; amend KRS 15.718 to require training for prosecutors related to victims’ statutory rights, including but not limited to the use of victim impact statements at sentencing; amend KRS 21A.170 to require training for judges related to victims’ statutory rights, including but not limited to the use of victim impact statements at sentencing; amend KRS 421.570 to require training for victim advocates related to victims’ statutory rights, including but not limited to the use of victim impact statements and the submission of claims through the Kentucky Claims Commission; amend KRS 15A.075 to expand duties and responsibilities of the Criminal Justice Council to include tracking the implementation of this Act; amend KRS 196.031 to expand duties and responsibilities of the Justice and Public Safety Cabinet to collect and maintain data related to the implementation of this Act; create new sections of KRS Chapter 196 to create a fiscal incentive grant fund and a fiscal incentive grant program; provide a sunset provision for the fund and program; APPROPRIATION; EFFECTIVE in part January 1, 2019. Feb 20, 2018 - introduced in House Feb 22, 2018 - to Judiciary (H) Feb 26, 2018 - posted in committee HB397 (BR1844) - M. Marzian AN ACT relating to female genital mutilation. Create a new section of KRS Chapter 508 to create a Class A felony relating to female genital mutilation; create a new section of KRS Chapter 211 to require the Department for Public Health in the Cabinet for Health and Family Services to develop, produce, and disseminate education materials related to female genital mutilation; amend KRS 620.030 establishing that if a person knows or has reasonable cause to believe that a child is a victim of female genital mutilation, then that person shall immediately make an oral or written report to the appropriate authorities. Feb 20, 2018 - introduced in House Feb 22, 2018 - to Judiciary (H)
AN ACT relating to physical therapist licensure and declaring an emergency. Repeal and reenact KRS 327.310, relating to physical therapist licensure, to make the applicant criminal background check consistent with state and federal standards; EMERGENCY. Feb 20, 2018 - introduced in House Feb 22, 2018 - to Licensing, Occupations, & Admin Regs (H) Feb 23, 2018 - posted in committee Feb 28, 2018 - reported favorably, 1st reading, to Consent Calendar Mar 01, 2018 - 2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Friday, March 2, 2018 Mar 02, 2018 - 3rd reading, passed 82-0 Mar 05, 2018 - received in Senate Mar 06, 2018 - to Licensing, Occupations, & Administrative Regulations (S) Mar 13, 2018 - reported favorably, 1st reading, to Consent Calendar Mar 14, 2018 - 2nd reading, to Rules Mar 20, 2018 - posted for passage in the Consent Orders of the Day for Tuesday, March 20, 2018; 3rd reading, passed 38-0 Mar 21, 2018 - received in House; enrolled, signed by Speaker of the House; enrolled, signed by President of the Senate; delivered to Governor
AN ACT relating to the acquisition of water or sewer utilities. Create a new section of KRS 278.010 to 278.450 to set forth procedures for the valuation of assets and rate base calculations relating to the acquisition of existing water or sewer utilities by investor-owned water or sewer utilities; define terms; require the Public Service Commission to include in the acquiring utility's next base rate case the entire value of all assets acquired as a measure by the fair market value on the date of acquisition or purchase price paid, whichever is less; require the acquiring utility to pay for three appraisals, the average of which shall determine the fair market value; require one appraiser to be chosen by the acquiring utility, one to be chosen by the utility to be acquired, and one to be chosen by mutual agreement of the first two appraisers; require that the appraisers be properly qualified, not have any interest in the transaction, and not be a resident or taxpayer of the service area of the utility being acquired; require the appraisers to separately determine the fair market value of the assets in compliance with the latest version of the Uniform Standards of Professional Appraisal Practice; require that the appraisal include the value of all assets to be acquired regardless of source or original price; require that the acquisition agreement provide for the repayment of any debt owed on the acquired assets by the utility being acquired to any person or government entity. Feb 20, 2018 - introduced in House Feb 22, 2018 - to Natural Resources & Energy (H)
AN ACT relating to direct shipment of alcoholic beverages and declaring an emergency. Amend KRS 243.0305 to allow distilleries to ship product and monthly club membership orders directly to consumers and set delivery requirements; amend KRS 243.120 to add package sales for distilleries; amend KRS 243.120 and 243.130 to recognize the three-tier system; amend KRS 243.155 to allow small farm wineries to ship product and monthly club membership orders directly to consumers and set delivery requirements; amend KRS 243.200 to allow transporters to ship directly to consumers and set requirements for shipping packages; amend KRS 243.240 to allow quota retail package license holders to ship directly to consumers and set delivery requirements; amend KRS 244.165 to set requirements for delivery of alcoholic beverages purchased out-of-state to consumers in Kentucky; amend KRS 244.240 to conform; amend KRS 242.260 and 242.270 to limit delivery liability of common carrier and add defense to shipping into dry territory; EMERGENCY.
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