Some laws wasn't posted when I wrote this up. I'll update in a new blog post when all laws have been posted.
All of these laws
can be referenced here: http://www.lrc.ky.gov/record/15RS/PAS_L.htm
The Acute Stroke
Readiness Law
Senate Bill 10 (2015)
*requires the state to
make sure local emergency services have access to a list of all acute
stroke-ready hospitals, comprehensive stroke centers, and primary
stroke centers in Kentucky
*Emergency medical
services directors would be required to create protocols for
assessment and treatment of stroke victims
*good house cleaning law
xxx
The “Internet
Gambling at Retail Stores is now Illegal” + No Dog Fighting +
Quadricycle and Alcohol Rider Law
Senate Bill 28 (2015)
*EMERGENCY
*illegal for any business
in Kentucky to sell Internet access to play Internet gambling
casino-style games, or a sweepstakes, in which customers can win cash
prizes
*creates a new section of
KRS in Chapter 528, and Chapter 243
*7
KRS statutes amends: 525.125, 241.010, 243.030, 243.060, 243.070,
244.085, and 243.034
*harsher
dog fighting laws; to include the owning, possessing, keeping,
breeding, training, selling, or transferring of four-legged animals
for fighting purposes within the offense of cruelty to animals in the
first degree.
*“Delete exemption for
devices dispensing or selling combination or French Pools on
historical races”
*establish and regulate authorized public consumption (APC) licenses for use with commercial quadricycles (House Bill 165 has a similar rider in it)
*establish and regulate authorized public consumption (APC) licenses for use with commercial quadricycles (House Bill 165 has a similar rider in it)
*allow
patrons to bring their own packaged alcoholic beverages in non-glass
containers to an APC licensed premises for personal consumption after
boarding a commercial quadricycle
*require
all alcoholic beverage consumption in nondescriptive plastic cups;
set qualifications for an APC license, including a business office
and secure storage, general liability insurance of at least
$2,000,000, and a local government permit
*bad
law
xxx
The “Allow Electronic
Bingo Pulltab Devices at Church Bingo Halls” Law
Senate Bill 33 (2015)
*sponsored by T. Buford
*defines “electronic
pulltab device”
*profits must be for
charitable purposes
*“shall operate only on
a closed network”
*excludes cell phones from
being used for “electronic pulltab devices”
*gaming supplies to be
maintained in a location separate from another organizer's supplies
*changes 4 KRS statutues:
KRS 238.505, 238.545, 238.535, and 238.540
*good/bad
xxx
The National Weather
Service and FEMA Info Law + Public School Year is 5 or 10 Days
Shorter This Year Law Amendment Rider Law + CPR Training for High
Schools Amendment Rider Law
Senate Bill 39 (2015)
*sponsored by M. Wilson
*EMERGENCY
*creates a new section of
KRS in Chapter 158 and amends KRS 158.162
*require public schools to
consult with local and state safety officials and National Weather
Service and Federal Emergency Management Agency guiding principles
when identifying the best available severe weather safe zones
*(Amendment Rider)Allow a
school district to be open on Primary Election Day 2015, if no school
in the district is used as a polling place
*(Amendment Rider)For the
2014-2015 school year, require the commissioner of education to
approve a request from a local board of education to waive up to five
days of the student instructional year if 20 or more instructional
days have been missed or up to 10 days of the student instructional
year if 30 or more instructional days have been missed
*(Amendment
Rider)requiring high schools to include CPR training in the health
education curriculum.
*3 Amendment Riders bigger
than the Primary Law proposed
*signed March 20, 2015
*not a clean bill
*good/bad
xxx
The Synchronization of
Prescription Refills Law
Senate Bill 44 (2015)
*sponsored
by J. Adams, R. Alvarado, D. Carroll
*creates a new section of
Subtitle 17A of KRS Chapter 304, and KRS Chapter 205
*permit patients who
suffer from chronic illnesses, in consultation with their medical
providers, to elect all of their medications
*require the Department
for Medicaid Services or a managed care organization to permit
medication synchronization when part of a plan between provider,
patient, and pharmacist
*Amendment Riders:
-establish language to
limit attorneys' fees to state rate established pursuant to KRS
21A.160;
-require the party that
did not prevail to pay $100 fee to the cabinet
*signed
March 20, 2015
*good
law
xxx
The Human Rights
Commission Must Accommodate Disabled People Law
Senate Bill 47 (2015)
*sponsored by J. Higdon,
D. Carroll
*“Amend KRS 344.200 to
require the Human Rights Commission to make reasonable accommodations
to assist persons with disabilities in filing a complaint”
*great law; succinct with
clear intent
xxx
The Right to Beat the
Shit Out of Mental Patients Law
Senate Bill 51 (2015)
*sponsored by M. McGarvey
*Amend KRS 202A.400,
relating to the duty to take precautions against a patient's violent
behavior, to expand the definition of “patient” to include
persons currently under the care or treatment of mental health
professionals
*Rider Amendment:
reiterate that providers using telehealth services must be authorized
to perform examinations under this chapter
*bad
xxx
The Donate Your Deer
Meat to the Homeless Law
Senate Bill 55 (2015)
*sponsored by R. Webb, C.
Embry Jr.
*game meat can now be
donated to not-for-profit organizations to feed hungry people as long
as the meat was properly field dressed and processed and is
considered disease-free and unspoiled
*prohibits state and local
government from stopping hunters from donating free game meat to
others
*Kentucky's Hunters for
the Homeless, Inc
*Create a new section of
KRS Chapter 217 to define “not-for-profit organization” “take”
and “wildlife”
*signed March 20, 2015
*good
xxx
The Colorectal Cancer
Screening Covered by Health Insurance Law
Senate Bill 61 (2015)
*exact same as House Bill
69
*requires health insurance
plans to cover colorectal cancer screenings
*Amends KRS 304.17A-257
*good, simple, clear
intent
xxx
The Reemployment After
Retirement of Elected Officials Law
Senate Bill 62 (2015)
*sponsored by John
Schickel
*amend KRS 61.637 to
provide that elected officials who are reelected to a new term of
office in the same position and who then retire following reelection
but prior to taking the new term of office shall be deemed to have a
prearranged agreement and will have his or her initial retirement
voided.
*pertains to double
dipping by Boone County Sheriff
*amend KRS 18A.110 to
prohibit the Personnel Cabinet from requiring individuals hired or
elected to office before January 1, 2015 to be paid through direct
deposit or require the individual to use a Web-based program to
access his or her salary statement
*amend KRS 18A.110 to prohibit the Personnel Cabinet from requiring individuals elected to the General Assembly before January 1, 2015 to be paid through direct deposit or require the individual to use a Web-based program to access his or her salary statement
*amend KRS 18A.110 to prohibit the Personnel Cabinet from requiring individuals elected to the General Assembly before January 1, 2015 to be paid through direct deposit or require the individual to use a Web-based program to access his or her salary statement
*primary law is good; not
sure about the 2 Amendment Riders
xxx
The Authorization of
NRA Classes to be Certified Official Concealed Carry License Classes
Senate Bill 67 (2015)
*sponsored by C. Embry
Jr., M. Wise, R. Alvarado, J. Carpenter, R. Jones II
*Amend KRS 237.110 to
recognize a National Rifle Association firearms safety or training
course that includes a live-fire component as a qualifying class for
an applicant for a license to carry a concealed deadly weapon.
*Amendment Rider 1; Amend
KRS 237.110 to recognize a firearms safety or training course offered
by a national organization that includes a live-fire component as
a qualifying class for an applicant for a license to carry a
concealed deadly weapon.
*Amendment Rider 2; Amend to require that firearms safety or training courses offered by a national organization include written tests, in person instruction, and a live-fire component
*Amendment Rider 2; Amend to require that firearms safety or training courses offered by a national organization include written tests, in person instruction, and a live-fire component
*good/bad
xxx
The Anna Claire Taylor
Law aka
The Screen Newborns for
Krabbe Disease Law
Senate Bill 75 (2015)
*sponsored by A. Kerr, R.
Alvarado, C. Embry Jr., D. Harper Angel
*require newborn health
screenings to include checks for Krabbe Disease, an inherited
disorder that affects the nervous system
*amend KRS 214.155 to
include Krabbe disease testing as part of the newborn screening
program
*good
xxXxx
The Medical Order for
Scope of Treatment (MOST) Law
Senate Bill 77 (2015)
*sponsored by T. Buford,
D. Carroll, D. Harper Angel, D. Ridley
*allows Kentuckians to use
a health care directive known as a “medical order for scope of
treatment”. These orders spell out patients’ wishes for
end-of-life care. Unlike advance directives, the orders are
considered to be physician’s orders and are signed by both the
patient or patient’s legal surrogate, and the patient’s
physician.
*amend KRS 311.621,
311.623, 311.633, and 311.637
*create a new section of
KRS 311.621 to 311.643
*permit the completion of
a medical order for scope of treatment directing medical
interventions
*require the Kentucky
Board of Medical Licensure to promulgate administrative regulations
to develop a standardized medical order for scope of treatment form
*good/bad
xxXxx
The Let Tow Truck
Drivers Steal The Stuff Out Your Car Law
Senate Bill 78 (2015)
*sponsored by J. Carpenter
*amend KRS 376.268 to
define “contents” and “reasonable charges”
*amend KRS 376.275,
relating to towing and storage liens on motor vehicles, to allow the
sale of a vehicle's contents to satisfy a lien for towing and storage
charges;
*allow for the return of
some personal contents upon request by owner;
*provide that the storage
or towing company is not responsible for contents to which it does
not have access
*bad
xxx
The Agency and Local
Government Gun Law
Senate Bill 89 (2015)
*sponsored by D. Carroll,
C. Embry Jr., M. Wise
*AN ACT relating to
firearms sales to current and retired employees
*amend KRS 45A.600 to allow state employees with government-issued firearms that are being replaced to purchase the firearms from the agency
*amend KRS 45A.600 to allow state employees with government-issued firearms that are being replaced to purchase the firearms from the agency
*amend KRS 45A.047 to
conform
*amend KRS 65.041 to allow
local government employees whose service weapons are being replaced
to purchase the firearms from the local government
*good/bad (too confusing
to decipher)
xxx
The Timber Company
Fines Law
Senate Bill 92 (2015)
*sponsored by J. Bowen
*AN ACT relating to timber
harvesting
*amends 4 KRS statutes: 149.330, 149.344, 149.346, and 149.348
*amends 4 KRS statutes: 149.330, 149.344, 149.346, and 149.348
*to
require loggers or operators who have received bad actor designations
to provide prior notice to the division before engaging in any timber
harvesting operations until they have paid all civil penalties and
performed all required site remediation
*beginning
on January 1, 2016, require the cabinet to issue an emergency order
requiring any third-time bad actor to cease all timber harvesting
operations until all required site remediation has been performed and
all civil penalties have been paid or a repayment plan has been
established and maintained
*good/bad
xxx
The “Conner Bacchus
Law” aka
“Kill a Child by
Abuse, You Die” Law
Senate Bill 102 (2015)
*sponsored
by D. Carroll
*a death of a child under
12 years old caused by intentional abuse is now first-degree
manslaughter
*amends KRS 507.010 and
507.030
*signed by the Governor on
March 23, 2015 (Acts, Chapter 64)
*good law
xxx
The National Deadbeat
Dad Law
Senate Bill 108 (2015)
*sponsored by M. McGarvey
*AN ACT relating to the
Uniform Interstate Family Support Act.
*Amend some sections of KRS Chapter 407 and create other sections to adopt, with some variation, the 2008 amendments to the language of the Uniform Interstate Family Support Act, published by the National Conference of Commissioners on Uniform State Laws to reflect the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
*Amend some sections of KRS Chapter 407 and create other sections to adopt, with some variation, the 2008 amendments to the language of the Uniform Interstate Family Support Act, published by the National Conference of Commissioners on Uniform State Laws to reflect the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
*amend some sections of
KRS Chapter 407 and create other sections
*update Articles 1 to 6 of
KRS Chapter 407
*expand Article 7 of KRS
Chapter 407
*amend Articles 8 and 9 of
KRS Chapter 407 and KRS 403.135
*repeal KRS 407.59015
*good/bad
xxx
The County Attorney
Fees for Their Traffic Safety Programs Law
Senate Bill 117 (2015)
*sponsored by W.
Westerfield
*AN ACT relating to county
attorney operated traffic safety programs.
*amend KRS 186.574 to add fees in lieu of court costs for county-attorney-operated traffic safety school programs and provide for the distribution of funds collected
*amend KRS 186.574 to add fees in lieu of court costs for county-attorney-operated traffic safety school programs and provide for the distribution of funds collected
*bad law; conflict of
interest
xxx
The Training of School
Officials to Stop Child Abuse Law + June 5 is the date set as Final
School Day for Kentucky Public Schools Amendment Rider Law
Senate Bill 119 (2015)
*sponsored by J. Adams, C.
Embry Jr., M. McGarvey, R. Thomas
*an EMERGENCY bill
*schools have until June
5, 2015 to complete all 1,062 school instructional hours required by
the state *Any remaining hours that cannot be made up could be waived
by the state
*School days would not be
allowed to exceed seven hours or be held on Saturdays.
*require school
administrators, teachers, office state, teaching assistants, coaches
and other employed by a school district to receive training on ways
to recognize and prevent on child abuse.
*amends KRS 156.095 to
require the Department of Education to develop and maintain in a
list of available child abuse and neglect prevention, recognition,
and reporting training for school administrators, certified
personnel, and classified personnel, including office staff,
instructional assistants, and coaches and extracurricular sponsors
*require local school
boards to adopt the developed training
*90-day completion time
line for newly hired individuals.
*school districts may schedule graduation ceremonies before the final instructional day
*school districts may schedule graduation ceremonies before the final instructional day
*a district may be open on
the day of a primary election if no school in the district is used as
a polling place
*require the Department of
Education to report to the Interim Joint Committee on Education how
school districts completed the 1,062 instructional hours;
*signed March 19, 2015
*great law
xxx
The Foster Care Review
Boards Update Law
Senate Bill 140 (2015)
*sponsored by Julie Adams
*Amend KRS 620.270 to
require that interested parties be notified of a review to be
conducted by a citizen foster care review board review and of the
right to attend and participate.
*no Amendment Riders
*good/bad
xxx
The County Clerks
Documenting Mortgages and Deeds Without Lien Holder's Name Super Law
Senate Bill 148 (2015)
*sponsored by W.
Westerfield, A. Robinson
*no articles by Kentucky's
media was written about this bill
*amends 8 KRS Statutes:
382.290, 382.297, 286.8, 286.8-034, 286.8-250, 286.8-255, 286.8-260,
286.8-255
*create a new section of
KRS 286.8
*an act relating to
recording requirements for mortgages and deeds with retained liens.
*amend KRS 382.290 to prevent county clerks or their deputies from recording mortgages or deeds with liens retained therein unless either document explicitly refers to the next immediate source of title for which the mortgagee or grantee derived title to the property or the interest encumbered therein;
*amend KRS 382.290 to prevent county clerks or their deputies from recording mortgages or deeds with liens retained therein unless either document explicitly refers to the next immediate source of title for which the mortgagee or grantee derived title to the property or the interest encumbered therein;
*amend KRS 382.297 to
prohibit certain acts in amending a mortgage.
Amendments – SB 148
1*condition the recording
of any mortgage or deed in which liens are retained on specifying and
referring to the next immediate source from the which the grantor or
mortgagor derived title to the property or the interest encumbered
therein.
2*mend the requirement that the commissioner of the Department of Financial Institutions may by rule or order require the filing of an application, report, renewal, or approval request and the applicable fees with the State Regulatory Registry, LLC and delete alternative filing with specified organizations; make conforming amendments;
2*mend the requirement that the commissioner of the Department of Financial Institutions may by rule or order require the filing of an application, report, renewal, or approval request and the applicable fees with the State Regulatory Registry, LLC and delete alternative filing with specified organizations; make conforming amendments;
3*amend provisions of KRS
286.8 relating to registration and licensing of persons engaged in
mortgage lending to delete the requirement for registration of
mortgage loan processors who are directed and supervised by a
mortgage loan originator, but retain registration requirements for
mortgage loan processors who engage in the mortgage lending process
as an independent contractor and require registration of underwriters
who engage in the mortgage lending process as an independent
contractor;
4*amend KRS 286.8-034 to
delete the requirement that the commissioner provide a duplicate copy
of a license to a licensee for a fee of $10;
5*create a new section of
KRS 286.8 to prohibit a mortgage loan processor or underwriter from
indicating that he or she can or will perform any activities of a
mortgage loan originator or underwriter if he or she is not
registered or authorized to act as a mortgage loan originator;
6*amend KRS 286.8-250 to
delete the requirement that a mortgage loan broker prominently
display the license certificate at his or her physical location;
7*amend KRS 286.8-255 to
delete the requirement that the commissioner provide a duplicate copy
of a registration to a registrant for a fee of $10;
8*amend KRS 286.8-260 to
reduce from 4 hours to 1 hour per year the required number of
hours of continuing education for registrants on the requirements
of KRS 286.8 and of KRS 360.100 relating to the state's legal
interest rate;
9*amend KRS 286.8-255 to
require mortgage loan originators to grant access to any records of
which the originator has actual or constructive possession or
control, rather than possession or control, to the commissioner or
the commissioner's examiner; Sections 2 and 3 of this Act effective
date of July 1, 2016.
xxx
The Enigmatic and
Comprehensive Car, Buses, Taxis, and Truck Taxes-and-Licenses Law
aka Motor Carriers Act
of 2015
Senate Bill 153 (2015)
*sponsored by E. Harris
*no articles about this
one either
*43 KRS Statutes Repealed:
186.052, 186.281, 186.286, 281.011, 281.012, 281.013, 281.014,
281.015, 281.604, 281.607, 281.612, 281.615, 281.618, 281.619,
281.620, 281.625, 281.6251, 281.632, 281.633, 281.637, 281.641,
281.645, 281.650, 281.660, 281.6602, 281.670, 281.675, 281.680,
281.685, 281.690, 281.695, 281.700, 281.710, 281.780, 281.801,
281.804, 281.806, 281.850, 281.860, 281.910, 281.912, 281.907, and
281.914
*Amends 43 KRS Statutes:
281.010, 281.590, 281.600, 281.602, 281.605, 281.610, 281.6185,
281.624, 281.626, 281.630, 281.6301, 281.631, 281.635, 281.640,
281.655, 281.656, 281.720, 281.728, 281.730, 281.830, 281.883,
281.990, 186.050, 281.687, 281.735, 281.745, 281.752, 281.760,
281.775, 281.802, 281.820, 281.835, 281.838, 281.873, 96A.010,
96A.020, 138.446, 138.463, 186.164, 186.240, 186.991, 381.770, and
281.905
*Omnibus revision of the
motor carrier statutes, KRS Chapter 281;
*repeal and reenact KRS
281.010 to consolidate various definition sections and set forth
definitions for the chapter;
*amend KRS 281.590,
regarding legislative intent, to eliminate references to
competitive practices;
*amend KRS 281.600 to
clarify references to federal laws; amend KRS 281.602 to give the
Department of Vehicle Regulation the authority to file liens against
motor carriers for fees administered under the chapter;
*amend KRS 281.605 and
281.610 to eliminate references to certificates of convenience and
necessity and to hearings on certificates of convenience and
necessity;
*amend KRS 281.6185 to
clarify provisions and eliminate outdated grandfather language;
*repeal and reenact KRS
281.624 to enumerate the regulatory powers of the cabinet in relation
to household goods carriers;
*amend KRS 281.626 to
eliminate hearings for the issuance of U-Drive-It certificates;
*repeal and reenact KRS
281.630 to require motor carriers to obtain a certificate from the
department prior to operation;
*establish that a
certificate is to be granted to any applicant who conforms to the
requirements of KRS Chapter 281;
*identify different
certificates issued by the department; set forth application
requirements and fees; require criminal background checks for certain
officers and employees and establish disqualifying offenses;
establish renewal procedures and fees; establish requirements for
rate and time schedules; establish procedures for transfer of
certificates; establish authority for hearing and penalties; grant
the department the authority to promulgate administrative regulations
to carry out the section;
*amend KRS 281.6301 to
establish criminal background check requirements for passenger
vehicle and household goods certificate holders;
*repeal and reenact KRS
281.631 to establish requirements for motor carrier vehicle licenses;
establish initial application and renewal procedures and fees; allow
cities and counties to impose annual license fees not to exceed $30
per vehicle on taxicabs, limousines, transportation network company
vehicles, and disabled persons vehicles; exempt nonresident motor
carriers from fees under KRS Chapter 281 if reciprocal provisions are
granted Kentucky carriers by the nonresident carrier's home state;
grant the department the authority to promulgate administrative
regulations to carry out the section;
*amend KRS 281.635 to
eliminate finding of convenience and necessity for bus franchises;
clarify references to concurrent authority of cities and the state
over buses, taxicabs, limousines, disabled persons vehicles, and
their drivers;
*amend KRS 281.640 to
establish procedures for hearings involving certificate holders;
*amend KRS 281.655 to
increase insurance requirements for motor carriers; amend KRS 281.656
to clarify provisions for the suspension of a certificate upon
cancellation of insurance or bond;
*amend KRS 281.720 to
require motor carrier vehicles to display a motor carrier license
plate;
*amend KRS 281.728 to
include limousines and disabled persons vehicles among the types of
certificate holders that cannot advertise for a service not
authorized by its certificate;
*amend KRS 281.730 to
clarify rules on hours of operation; amend KRS 281.830 to prohibit
local governments from imposing taxes or fees on commercial motor
vehicle on property carrier operating under interstate commerce or
under the United Carrier Registration System;
*amend 281.883 to require
the cabinet to establish by regulation procedures for the
administrative citation, assessment and appeal of penalties under KRS
281.990;
*amend KRS 281.990 to
reduce the minimum fine for operating a motor carrier without a valid
certificate or in violation of a certificate from $2,000 to $500;
*amend KRS 186.050 to set
registration fees for motor carrier vehicles carrying up to 15
passengers at $11.50 and the fee for motor carrier vehicles carrying
more than 15 passengers at $100;
*create a new section of
KRS Chapter 189 to authorize the Transportation Cabinet to join
compacts with other states regarding over dimensional permits;
*amend KRS 281.687,
281.735, 281.745, 281.752, 281.760, 281.775, 281.802, 281.820,
281.835, 281.838, 281.873, 96A.010, 96A.020, 138.446, 138.463,
186.164, 186.240, 186.991, and 381.770 to conform;
*repeal KRS 186.052,
186.281, 186.286, 281.011, 281.012, 281.013, 281.014, 281.015,
281.604, 281.607, 281.612, 281.615, 281.618, 281.619, 281.620,
281.625, 281.6251, 281.632, 281.633, 281.637, 281.641, 281.645,
281.650, 281.660, 281.6602, 281.670, 281.675, 281.680, 281.685,
281.690, 281.695, 281.700, 281.710, 281.780, 281.801, 281.804,
281.806, 281.850, 281.860, 281.910, 281.912, and 281.914; 281.907
Amendment Riders:
*amend definition of
“mobile application” as it refers to TNCs to remove references to
“or other items to be transported”;
*add TNC vehicles to the
list of vehicles exempted from having a motor carrier license plate;
amend definition of a "TNC Driver" to include drivers of
motor vehicles which are not owned or leased by the driver, but for
which the driver is an insured driver and has the permission of the
owner or lessee to use the vehicle for TNC purposes; clarify
procedures for application and renewal of TNC certificates; include
“independent contractor” among the entities who must have
background checks;
*allow the KYTC to
promulgate administrative regulations to provide for bulk licenses
fees for certificate holders who employ or contract with more than 50
vehicles; remove ability of cities to charge an annual license fee on
TNC vehicles;
*remove concurrent city
authority over TNC vehicles and drivers; allow a taxi, limo, DPV or
TNC driver to possess a valid license from another state;
*allow KYTC to require
immediate surrender of certificates if the certificate holder’s
bond or insurance policy is canceled;
*require the KYTC to
promulgate regulations to set standards for pre-trip acceptance
liability policies and prearranged ride liability insurance policies
for TNC vehicles;
*set minimum amount of
insurance for pre-trip policies at $50,000 for single death or
injury, $100,000 multiple death or injury from one incident, and
$25,000 for property damage;
*set minimum amount of
insurance for prearranged ride policies shall be the same as for
motor vehicles for the transportation of persons;
*allow pre-trip and
prearranged ride insurance policies to be issued by an eligible
surplus lines insurer; *clarify that vehicles operated under a TNC,
household goods, property, or U-drive-it certificate are exempted
from having a motor carrier license plate;
*clarify that motor
carrier records inspected by the department shall not be kept or
retained by the department;
*add explicit language to
prohibit cities or counties from imposing fees or taxes on any
private or for-hire commercial motor vehicle for the loading or
unloading of property, including household goods;
*amend KRS 281.905,
regarding duties of the Motor Carrier Advisory Commission, to
eliminate references to motor carrier safety training programs
xxx
The Passing Out of
Spina Bifida Information Law
Senate Bill 159 (2015)
*requires health care
providers to give information about spina bifida and treatment
options to parents whose unborn children have been diagnosed with the
disorder
AN ACT relating to the
provision of information relative to spina bifida.
Amend KRS 211.192 to require information to be provided upon a diagnosis of spina bifida.
Amend KRS 211.192 to require information to be provided upon a diagnosis of spina bifida.
*no Amendment Riders
*good
xxx
The Respect for
Kentucky's First Responders Law
Senate Bill 161 (2015)
*authorizes the Governor
to order that U.S. flags be lowered to half-staff on state buildings
if a Kentucky emergency responder dies in the line of duty
*good law
xxx
The Creation of
Kentucky Appalachian Regional Development Fund (for SOAR) Law
Senate Bill 168 (2015)
*sponsored by A. Robinson
*create new sections of
KRS 154.33 to identify the purposes for which money from the fund may
be used and to provide an application process
*repeals 16 KRS Statutes:
154.33-501, 154.33-515, 154.33-520, 154.33-525, 154.33-527,
154.33-533, 154.33-535, 154.33-540, 154.33-545, 154.33-555,
154.33-560, 154.33-565, 154.33-570, 154.33-575, 154.33-580,
154.33-585
*establishes a fund for
the Shaping Our Appalachian Region (SOAR) initiative to receive
future appropriations should the General Assembly choose to invest
further in eastern Kentucky
*Amend KRS 154.33-501 to
replace reference to the East Kentucky Corporation with reference to
Shaping Our Appalachian Region, Inc (SOAR)
*amend KRS 154.33-550 to
create the Kentucky Appalachian Regional Development Fund, to be
administered by the Department for Local Government
*good
xxx
The Legalization of
Fracking in Kentucky Law aka
New Madrid Earthquakes
Galore!
Senate Bill 186 (2015)
*sponsored by Julian
Carroll
*Kentuckians for the
Commonwealth is against this law
*Fracking, or hydraulic
fracturing, is an oil and gas well development process that typically
involves injecting water, sand, and chemicals under high pressure
into a bedrock formation via the well; it is a well-stimulation
technique used commonly in low-permeability rocks like tight
sandstone, shale, and some coal beds to increase oil and/or gas flow
to a well from petroleum-bearing rock formations
*amends 10 KRS Statutues:
353.180, 353.510, 353.590, 353.592, 353.5901, 353.651, 353.652,
353.730, and 353.737
*create new sections of
KRS 353.500 to 353.720 to require notice and method of notice of
high-volume horizontal fracturing;
*require baseline water
quality testing and exemption from requirements;
*require information
disclosures to the cabinet for a vendor or service provider
conducting high-volume horizontal fracturing treatments;
*create an exemption for
disclosure of trade secrets;
*require vendors to
provide information to chemical disclosure registry unless protected
by trade secret status and provide method for claiming trade secret
status;
*require release by
director or vendor to health professionals under specified conditions
and with confidentiality agreement;
*require release by
director to deal with emergency spill or discharge and require
nondisclosure of information further and with specific procedure;
*provide that information
disclosed not be deemed publicly available or a waiver of trade
secret claim; *require notification to parties by the cabinet if the
cabinet receives a request for chemicals under the Open Records Act
and provide a procedure for notification of vendors and operators who
assert confidential treatment status;
*clarify that the review
of a determination of release of information under the Open Records
Act not be a part of judicial review;
*create the Kentucky
Abandoned Storage Tank Reclamation Program and define when a tank is
deemed abandoned and eligible for the program;
*specify the purpose of
the program and create the Kentucky abandoned storage tank
reclamation fund;
*identify the expenses
that can be paid for out-of-fund moneys;
*allow the cabinet
to contract for services and enter into agreements for services;
*create a right of entry
to inspect or to conduct work on an abandoned storage tank;
*specify procedures for
notice before entering lands;
*authorize the cabinet to
recover costs for removal and remediation of an abandoned storage
tank from owners or responsible parties;
*amend KRS 353.180 to make
internal reference corrections; amend KRS 353.510 to amend the
definitions;
*amend KRS 353.590 to
establish permit fees for vertical deep and horizontal deep wells;
establish bonds for deep wells and minimum bonds; specify how bonds
will be conditioned; add blanket bonds;
*amend KRS 353.592 to
correct internal references;
*amend KRS 353.5901 to
require a reclamation plan rather than a proposal; clarify the
contents of the reclamation plan; require review and approval of the
plan prior to permit issuance; allow for a waiver of the mediation
fee for a landowner with proof of a financial inability to pay;
*amend KRS 353.651 to
regulate the drilling units of vertical deep and horizontal deep
wells and the pooling for deep wells and change the 1/8 royalty to
prevailing royalty and overriding royalty to 3 times the share of
costs payable or charged for deep wells;
*amend KRS 353.652 to make
technical corrections;
*amend KRS 353.730 and
353.737 to correct internal references; add noncodified section
naming the act as the Kentucky Oil and Gas Regulatory Modernization
Act.
Amendment Riders:
*delete requirement for
PVA to certify landowners for purposes of giving notice; make
technical corrections
*bad
xxx
The White Collar Mafia
Enrichment Law aka “The Heroin Bill”
Senate Bill 192 (2015)
*sponsored
by P. Hornback, C. McDaniel, M. McGarvey, W. Schroder, W. Westerfield
*promotes and distributes
free clean needle exchanges to those who need them, to stop the
spread of diseases
*added a “Good Samaritan
Law”, where one doesn't get arrested if they drop their overdosing
friend off at the hospital, or call 911 for them
*the “Heroin Bill” is
officially named “AN ACT relating to contracts
for health care services for inmates”
*increase prison sentences
*it's
95% Amendment Riders
*it amends KRS 443.053,
72.026, 100.982, 196.288, 205.560, 216B.020, 217.186, 218A.050,
218A.1214, 218A.1414, 218A.500, and 625.050
*a
new section of KRS Chapter 205, plus a new section of KRS Chapter
216B, and 5 new sections of KRS Chapter 218A, has been created
*Amend KRS 443.053 to provide that so long as there is no material change to an existing contract, an entity, corporation, and organization currently contracted with a unit of local government, combination of units of local government, or regional authority to provide health care services may seek to or be awarded a contract with the Department of Corrections to provide healthcare services governed under this section.
*Amend KRS 443.053 to provide that so long as there is no material change to an existing contract, an entity, corporation, and organization currently contracted with a unit of local government, combination of units of local government, or regional authority to provide health care services may seek to or be awarded a contract with the Department of Corrections to provide healthcare services governed under this section.
AMENDMENT RIDERS
*new sections that amend
KRS 72.026 to increase the scope of mandatory coroner and medical
examiner examinations and reporting in deaths involving a Schedule I
controlled substance;
*amend KRS 100.982 to
mirror federal law in regard to addicted persons and residential care
facilities;
*amend KRS 196.288 to
direct that a portion of recaptured savings from criminal justice
reforms be directed to substance abuse treatment, prevention, and
court related activities;
*amend KRS 205.560 to
amend the protocols for Medicaid provider credentialing relative to
substance abuse treatment;
*create a new section of
KRS Chapter 205 to require Medicaid to offer a broad array of
substance abuse treatment resources;
*amend KRS 216B.020 to
amend the certificate of need process relative to substance abuse
treatment facilities;
*create a new section of
KRS Chapter 216B to authorize substance abuse treatment outreach in
overdose situations brought to a hospital ER;
*amend KRS 217.186 to
allow the opiate overdose rescue medication naloxone to be prescribed
to persons, agencies, or school employees capable of administering
the medication in emergency situations; allow first responders to
access and utilize the medication; allow pharmacists certified to do
so to prescribe and dispense the medication;
*create a new section of
KRS Chapter 218A to authorize a pilot project relating to data
analysis of substance abuse trends;
*amend KRS 218A.050 to
include acetylfentanyl in the list of schedule I controlled
substances;
*create a new section of
KRS Chapter 218A to create a criminal charge protections for use in
emergency drug overdose situations;
*create a new section of
KRS Chapter 218A to require state-funded substance abuse programs
from discriminating against pregnant women;
*amend KRS 218A.1214 to
require a 50 percent service requirement for second time heroin
offenders;
*create a new section of
KRS Chapter 218A to create the offense of aggravated heroin
trafficking;
*amend KRS 218A.1414 to
increase the penalties for high volume violators of that section;
*create a new section of
KRS Chapter 218A to facilitate faith based substance abuse treatment;
*amend KRS 218A.500 to
exempt from the drug paraphernalia statute needles exchanged at a
local health department operating a treatment outreach program with
local approval and needles and sharps declared to a peace officer
prior to a search of the defendant's person;
*amend KRS 625.050 to
provide a safe harbor protection for a pregnant addict who complies
with prenatal care and substance abuse treatment instructions;
*include noncodified
language encouraging the Cabinet for Health and Family Services to
study certain opioid treatment initiatives, establish an
evidence-based treatment task force relating to the disease of
addiction, develop county and regional wraparound teams for opioid
addiction, collaborate with medical schools and post-graduate
training programs to include ten hours of coursework on addiction for
all medical professionals, increase continuing education units for
medical and health professionals relating to the disease of
addiction, and make legislative recommendations to the Interim Joint
Committee on Health and Welfare; direct the Department of Criminal
Justice Training to conduct regionalized heroin-specific in-service
training for law enforcement officers by December 31, 2016; declare
an EMERGENCY.
*$10 Million Dollars (Sannie Overly Amendment Rider) from the General Fund in fiscal year 2015-2016 for various substance abuse treatment programs and the Prosecutors Advisory Council
*new sections that amend KRS 72.026 to increase the scope of mandatory coroner and medical examiner examinations and reporting in deaths involving a Schedule I controlled substance;
*$10 Million Dollars (Sannie Overly Amendment Rider) from the General Fund in fiscal year 2015-2016 for various substance abuse treatment programs and the Prosecutors Advisory Council
*new sections that amend KRS 72.026 to increase the scope of mandatory coroner and medical examiner examinations and reporting in deaths involving a Schedule I controlled substance;
*amend KRS 100.982 to
mirror federal law in regard to addicted persons and residential care
facilities;
*amend KRS 196.288 to
direct that a portion of recaptured savings from criminal justice
reforms be directed to substance abuse treatment, prevention, and
court-related activities;
*amend KRS 205.560 to
amend the protocols for Medicaid provider credentialing relative to
substance abuse treatment;
*create a new section of
KRS Chapter 205 to require Medicaid to offer a broad array of
substance abuse treatment resources;
*amend KRS 216B.020 to
amend the certificate of need process relative to substance abuse
treatment facilities;
*create a new section of
KRS Chapter 216B to authorize substance abuse treatment outreach in
overdose situations brought to a hospital ER;
*amend KRS 217.186 to
allow the opiate overdose rescue medication NALOXONE naloxone to be
prescribed to persons, agencies, or school employees capable of
administering the medication in emergency situations; allow first
responders to access and utilize the medication; allow pharmacists
certified to do so to prescribe and dispense the medication;
*create a new section of
KRS Chapter 218A to authorize a pilot project relating to data
analysis of substance abuse trends;
*amend KRS 218A.050 to
include ACETYLFENTANYL acetylfentanyl in the list of schedule
I controlled substances;
*create a new section of
KRS Chapter 218A to create a criminal charge protections for use in
emergency drug overdose situations;
*create a new section of
KRS Chapter 218A to require state-funded substance abuse programs
from discriminating against pregnant women;
*create a new section of
KRS Chapter 218A to create an offense for importing heroin into the
Commonwealth;
*amend KRS 218A.1214 to
adjust probation and parole eligibility for various heroin offenders;
*create a new section of
KRS Chapter 218A to create the offense of aggravated heroin
trafficking;
*amend KRS 218A.1414 to
increase the penalties for high volume violators of that section;
*create a new section of
KRS Chapter 218A to facilitate faith-based substance abuse
treatment;
*amend KRS 218A.500 to
exempt from the drug paraphernalia statute needles exchanged at a
local health department operating a treatment outreach program with
local approval and needles and sharps declared to a peace officer
prior to a search of the defendant's person;
*amend KRS 625.050 to
provide a safe harbor protection for a pregnant addict who
complies with prenatal care and substance abuse treatment
instructions; include noncodified language encouraging the Cabinet
for Health and Family Services to study certain opioid treatment
initiatives, establish an evidence-based treatment task force
relating to the disease of addiction, develop county and regional
wraparound teams for opioid addiction, collaborate with medical
schools and post-graduate training programs to include 10 hours of
coursework on addiction for all medical professionals, increase
continuing education units for medical and health professionals
relating to the disease of addiction, and make legislative
recommendations to the Interim Joint Committee on Health and Welfare;
*direct the Department
of Criminal Justice Training to conduct regionalized
heroin-specific in-service training for law enforcement officers by
December 31, 2016; declare an EMERGENCY
xxx
The Kentucky Youth
Going to School Early + Financial Literacy Course Requirement for
High School Graduates Law
Senate Bill 201 (2015)
*sponsored by J. Higdon
*Amend KRS 158.030 to
ensure tuition charged to a student who is allowed to enroll in a
primary school program before meeting the age requirement is
the same as the tuition charged to a student who meets the age
requirement; clarify that students enrolled before meeting the age
requirement are required to be included in the school's average daily
attendance for purposes of SEEK funding.
*Amendment Rider; require
a student to receive instruction in financial literacy prior
to high school graduation; delay the required financial literacy
instruction until the 2016-2017 school year.
xxx
The Puzzling Bankers'
Fraudulent Transfers Act
Senate Bill 204 (2015)
*sponsored by M. McGarvey
*repeals KRS Chapter
378
*establish KRS Chapter
378A and create new sections thereof to define terms;
establish the requirements
of insolvency under the Uniform Voidable Transactations Act;
determine when value is given for transfer; determine the intent of a
debtor on a voidable transfer;
*establish the voidability
of transactions as to creditor claims arising prior to the transfer;
determine when a transfer is made;
*establish remedies for
a creditor
*establish defenses and
protections of a transferee or obligee
*establish a statute of
limitations for claims under KRS Chapter 378A;
*determine the location of
debtor for jurisdictional purposes; define "protected series"
and "series organization" and set out the applicability of
the chapter to them;
xxx
The Aluminum Industry
Finally Gits the Recognition It Deserves Law
SCR 97 (2015)
*recognizes Kentucky's
Aluminum Industry
*good
xxx
The February 28, 2015
is Rare Disease Day Law
SCR 108 (2015)
*sponsored by S.
Humphries
*designates February 28, 2015, as Rare Disease Day in Kentucky
*designates February 28, 2015, as Rare Disease Day in Kentucky
*bad
*only designates 2015; not
an annual Day; should be annual
xxx
“Blood Song” is Now
Kentucky's Official Play of the History of the Hatfield and McCoys
SCR 109 (2015)
*sponsored by State
Senator Ray S. Jones II
*Designate Blood Song: The
History of the Hatfields and the McCoys as official play on that
subject in the Commonwealth of Kentucky.
xxx
The Sexual Assault
Examination Kit Assessment Law
SJR 20 (2015)
*Auditor of Public
Accounts study the number of sexual assault examination kits in the
possession of Kentucky police and prosecutors that have not been sent
to the state’s forensic lab for testing
*figure out the scope of a
backlog that needs attention
*due by November 1, 2015
xxXxx
The SP4 James Martin
Simon Memorial Highway and Hewen Spencer Memorial Highway and other
Transportation Cabinet Road Signs Senate Joint Resolution
SJR 78 (2015)
*the Transportation
Cabinet to designate a portion of KY 56 in Daviess County as the
SP4 James Martin Simon Memorial Highway.
Amendment Riders:
*direct the Transportation Cabinet to designate the Kentucky Route 80 Connector in Floyd County as the "Hewen Spencer Memorial Highway," and erect the appropriate signage.
*direct the Transportation Cabinet to erect signs honoring the Pulaski County Maroons, the 2014 KHSAA Class 5A state football champions; direct the Transportation Cabinet to erect signs honoring the Southwestern High School Cheerleading Team, 2013 and 2015 UCA National High School Cheerleading Champions.
*direct the Transportation Cabinet to designate the Kentucky Route 80 Connector in Floyd County as the "Hewen Spencer Memorial Highway," and erect the appropriate signage.
*direct the Transportation Cabinet to erect signs honoring the Pulaski County Maroons, the 2014 KHSAA Class 5A state football champions; direct the Transportation Cabinet to erect signs honoring the Southwestern High School Cheerleading Team, 2013 and 2015 UCA National High School Cheerleading Champions.
*direct the Transportation
Cabinet to amend the 2012 highway designation of the "Joe C.
Paul Memorial Highway" in Whitley County to reflect that Mr.
Paul was a posthumous recipient of the Medal of Honor
*good
xxx
The Valuation of Old
Cars Act of 2015
House Bill 20 (2015)
*sponsored by H. Collins,
D. Floyd, K. Bratcher, M. Denham, M. Dossett, J. DuPlessis, C.
Harris, C. Howard, C. Miller, R. Nelson, J. Richards, D. Schamore, K.
Upchurch, R. Webber
*an Act relating to the
valuation of motor vehicles for property tax purposes.
*amend KRS 132.485 to clarify the standards for appraising the value of motor vehicles that are 20 years old or older for property tax purposes, by providing that no vehicle of said age shall be presumed to have been maintained or restored to either the original factory condition or any otherwise classic condition, and also by establishing the standard value of said vehicles; provide that the Act shall apply to motor vehicles assessed on or after January 1, 2016.
*amend KRS 132.485 to clarify the standards for appraising the value of motor vehicles that are 20 years old or older for property tax purposes, by providing that no vehicle of said age shall be presumed to have been maintained or restored to either the original factory condition or any otherwise classic condition, and also by establishing the standard value of said vehicles; provide that the Act shall apply to motor vehicles assessed on or after January 1, 2016.
Amendment Riders:
*clarify that the
follow-up assessment of a motor vehicle may be done in person if the
vehicle is brought to the PVA office, or by a review of photographs
or other documentation
*good/bad
xxx
The Making NyQuil and
Robitussin and Dextromethorphan Illegal for Minors Law
House Bill 24 (2015)
*sponsored by F. Steele,
T. Couch, S. Santoro
*new section of KRS
created in Chapter 218A
*Nyquil, Robitussin, or
other products with 1 gram of Dextromethorphan or more in them can't
be sold to minors
*prospective adult buyers
must now show a photo ID
*prospective adult buyers
must sign a ledger stating they are older than 18 before purchase
*create an affirmative
defense for the retailer if a minor utilizes a fraudulent ID
*became law on March 19,
2015
*bad
xxx
The Public Pension
Oversight Board Takeover Law
House Bill 47 (2015)
*sponsored
by B. Yonts, L. Clark, J. Miller, R. Palumbo, A. Simpson, S. Westrom
*Public Pension Oversight
Board to review the Legislators' Retirement Plan, the Judicial
Retirement Plan and the Kentucky Teachers' Retirement System
*the Public Pension
Oversight Board has 13 members including six lawmakers; an individual
with financial experience appointed by each chamber of the General
Assembly; representatives from the offices of the state budget
director, the auditor and the attorney general and two appointments
by the Governor who have financial expertise.
*changes terms on the
board from three years to four
*removes prohibition on
members and retired members from serving in the appointed positions
on the oversight board
*amend KRS 7A.200, 7A.210,
7A.220, 7A.240, and 7A.250 to add the Legislators' Retirement Plan,
the Judicial Retirement Plan, and the Kentucky Teachers' Retirement
System to the Public Pension Oversight Board's review
responsibilities;
*provide that members of
the Public Pension Oversight Board appointed by the Speaker of the
House of Representatives, the President of the Senate, and the
Governor with expertise in pensions or investments shall serve a term
of four years;
*remove the prohibition on
members and retired members from serving in these appointed positions
*modify the annual report
due date for the Public Pension Oversight Board from December 1 to
December 31 of each year.
*The Public Pension
Oversight Board (PPOB)was created from legislation in 2013
*Kentucky Retirement
Systems includes the pension systems for the Kentucky State Police,
Kentucky Employees and County Employees
*the PPOB has the
authority over state-administered retirement systems, allowing it to
analyze and provide oversight to the General Assembly on benefits,
administration, investments, funding, laws and administrative
regulations and legislation
Amendment Riders:
*reinstate the prohibition
on a member or retired member of a state-administered retirement
system being appointed to the Public Pension Oversight Board
(contradiction?)
*make the prohibition
applicable to appointments made after the effective date of the Act
*good/bad
xxx
The “If You Leave
Kentucky's Public Pension Program, You'll Pay” Law
House Bill 62 (2015)
*sponsored
by B. Yonts and A. Simpson
*new section of KRS
created: 61.510 – 61.705
*requires agencies that
want to leave the Kentucky Employee Retirement System pay their part
of the system’s unfunded liability
*require the employer to
pay for an actuarial cost study to determine the cost to the
employer for discontinuing participation, requiring an employer
voluntarily ceasing participation to offer an alternative retirement
plan to impacted employees, and requiring the employer to pay the
system for the full actuarial cost of discontinuing participation
either in a lump-sum payment or in installments under the terms
established by the board
*provide that employees
participating in the systems with the employer ceasing participation
will not earn benefits after the employer has ceased participation,
but will be vested for those benefits accrued prior to the employer's
cessation date
*provide that the
voluntary cessation of participation provisions shall only apply to
CERS employers who are nonstock nonprofit corporation established
under KRS Chapter 273;
*remove provisions that
allow an employee to regain participation in a closed city pension
plan if the agency's participation has been terminated under KRS
78.535
*financing will be over a period not to exceed 20 years
*financing will be over a period not to exceed 20 years
*Amends
10 KRS Statutes: 78.530, 78.535, 78.540, 78.545, 78.610, 61.520,
78.615, 95.520, 95.621, and 95.852
*create a new section of
KRS 61.510 to 61.705 to provide that certain employers participating
in the Kentucky Employees Retirement System (KERS) and the County
Employees Retirement System (CERS) may elect to voluntarily cease
participation in the system and that any agency may be required to
involuntarily cease participation in KERS or CERS in the event the
board of trustees has determined the employer is no longer eligible
to participate in a governmental plan or has failed to comply with
the provisions of KRS 61.510 to 61.705 or 78.510 to 78.852;
*establish requirements
for voluntary and involuntary cessation of participation by the
employer, including requiring any employer voluntarily ceasing
participation to adopt a resolution to cease participation and submit
the resolution the Kentucky Retirement Systems' board, requiring the
cessation of participation to apply to all employees of the employer
ceasing participation, requiring the employer to pay for an actuarial
cost study to determine the cost to the employer for discontinuing
participation, requiring an employer voluntarily ceasing
participation to offer an alternative retirement plan to impacted
employees, and requiring the employer to pay the system for the full
actuarial cost of discontinuing participation either in a lump-sum
payment or in installments under the terms established by the board;
provide that the full actuarial cost shall not include those
employees who elect to take a refund of their account balance within
60 days of the employer's cessation date;
*provide that the
employer's full actuarial cost shall be fixed once the employer makes
the lump-sum payment or first installment payment; provide that
employees hired after the employer ceases participation will not
participate in KERS or CERS for the ceased employer;
*provide that employees
participating in the systems with the employer ceasing participation
will not earn benefits after the employer has ceased participation,
but will be vested for those benefits accrued prior to the employer's
cessation date;
*provide that the
voluntary cessation of participation provisions shall not apply to
certain KERS employers including Commonwealth's attorney offices,
county attorney offices, local and district health departments
governed by KRS Chapter 212, master commissioners, property valuation
administration offices, executive branch agencies whose employees are
subject to KRS 18A.005 to 18A.200, state-administered retirement
systems, employers in the legislative or judicial branch of Kentucky
state government, or state-supported universities and community
college systems, unless the agency is a nonstock nonprofit
corporation established under KRS Chapter 273;
*provide that the
voluntary cessation of participation provisions shall only apply to
CERS employers who are nonstock nonprofit corporation established
under KRS Chapter 273;
*amend KRS 78.530 to make
conforming amendments and to remove provisions that allow a CERS
agency whose participation has been terminated under KRS 78.535 to
once again participate in CERS at a later date;
*amend KRS 78.535 to
remove provisions regarding the termination of participation
provisions in current law and to reference the cessation of
participation provisions in Section 1 of this Act;
*amend KRS 78.540, 78.545,
78.610, 61.520, and 78.615 to conform;
*amend KRS 95.520, 95.621,
and 95.852 to remove provisions that allow an employee to regain
participation in a closed city pension plan if the agency's
participation has been terminated under KRS 78.535.
Amendment Riders:
*amends to provide that
the financing will be over a period not to exceed 20 years and to
provide that the system may pursue legal action to recoup any
installments payments not made by an agency; make technical and
clerical amendments
*good/bad
*March
20, 2015. Became Law.
xxXxx
The Colorectal Cancer
Screening Law
House Bill 69 (2015)
*sponsored by T. Burch, L.
Belcher, B. DeWeese, J. Glenn, S. Riggs
*Senate Bill 61 (the
Senate's counterpart bill)
*AN ACT relating to
removing barriers to colorectal cancer screening.
*amend KRS 304.17A-257 to require that health benefit plans cover colorectal cancer screening regardless of the billing code or other procedure performed in the same clinical encounter and as part of ongoing prevention
*amend KRS 304.17A-257 to require that health benefit plans cover colorectal cancer screening regardless of the billing code or other procedure performed in the same clinical encounter and as part of ongoing prevention
Amendment Riders:
*amend KRS 304.17A-257 to
require that health benefit plans cover complete colorectal cancer
screening; delete language related to the billing code or other
procedure performed in the same clinical encounter and as part of
ongoing prevention
*add new section of KRS Chapter 18A to require that the state health benefit plan cover colorectal cancer screening regardless of the billing code or other procedure performed in the same clinical encounter and as part of ongoing prevention; make effective two years after the Governor certifies by executive order that 51 percent of all county governments have enacted a smoking ban policy that is substantially similar to the smoking ban policy in Sections 1 to 6.
*include language establishing requirements for cost savings demonstration projects for the state employee health plan and the state Medicaid plan.
*amend various sections of KRS Chapter 315 to specify that the requirements for licensure reciprocity with contiguous states, including but not limited to the requirement for a physical location, be substantially similar to Kentucky's requirements; allow an operator from a state that does not have licensure requirements to indicate by affidavit that he or she understands and will follow Kentucky laws, and that the contiguous state grants the same privileges to Kentucky providers; require that the two representatives of the home medical equipment and services profession serving on the advisory board be licensed under KRS 315.514;
*add new section of KRS Chapter 18A to require that the state health benefit plan cover colorectal cancer screening regardless of the billing code or other procedure performed in the same clinical encounter and as part of ongoing prevention; make effective two years after the Governor certifies by executive order that 51 percent of all county governments have enacted a smoking ban policy that is substantially similar to the smoking ban policy in Sections 1 to 6.
*include language establishing requirements for cost savings demonstration projects for the state employee health plan and the state Medicaid plan.
*amend various sections of KRS Chapter 315 to specify that the requirements for licensure reciprocity with contiguous states, including but not limited to the requirement for a physical location, be substantially similar to Kentucky's requirements; allow an operator from a state that does not have licensure requirements to indicate by affidavit that he or she understands and will follow Kentucky laws, and that the contiguous state grants the same privileges to Kentucky providers; require that the two representatives of the home medical equipment and services profession serving on the advisory board be licensed under KRS 315.514;
*exempt specialized
equipment providers from licensure reciprocity if Kentucky does not
provide that equipment
xxx
The Local Equity
Investment in Crowdfunding Website Law
House Bill 76 (2015)
*sponsored by S. Riggs, J.
Miller, B. Montell, R. Palumbo
*helps nonprofits and
Kentucky entrepreneurs to gain investors through crowdfunding from
Kentuckians
*allow people to invest up
to $10,000 through a crowdfunding platform while helping businesses
raise up to $2 million
*create a new section of KRS 292.410 to 291.415 to establish requirements for an exemption to the Securities Act of 1933 for investments not to exceed $10,000 by Kentucky residents via the Internet, offered by an issuer that is a business entity organized and authorized under Kentucky law and in accordance with the Federal Jobs Act of 2012, with the total of investments not to exceed a total of $1 million or $2 million depending on whether the issuer has undergone a financial audit for the recently completed fiscal year
*create a new section of KRS 292.410 to 291.415 to establish requirements for an exemption to the Securities Act of 1933 for investments not to exceed $10,000 by Kentucky residents via the Internet, offered by an issuer that is a business entity organized and authorized under Kentucky law and in accordance with the Federal Jobs Act of 2012, with the total of investments not to exceed a total of $1 million or $2 million depending on whether the issuer has undergone a financial audit for the recently completed fiscal year
*create a new section of
KRS 292.410 to 291.415 to establish requirements for Internet Web
site operators who operate a Web site for the sale of securities,
pursuant to Section 1 of this Act, including registration with and
examination by the commissioner of the Department of Financial
Institutions *designate the Acts as the Kentucky Intrastate
Crowdfunding Exemption
*investors may lose their
entire investment
*good/bad
xxXxx
The Let Children Gamble
At Bingo Halls for Noncash Prizes Law
House Bill 91 (2015)
*sponsored by J. Kay
*an Act relating to
charitable gaming
*changes 6 KRS
Statutes
*Amend KRS 238.505 to include banquets in the list of activities that may be considered to be charity fundraising events;
*Amend KRS 238.505 to include banquets in the list of activities that may be considered to be charity fundraising events;
*amend KRS 238.535 to
allow raffles to be conducted beyond the limits of a county;
*amend KRS 238.545 to
allow minors to play bingo if they are playing for noncash prizes and
they are accompanied by an adult; require unique identifier on
raffle tickets; allow up to eight charity fundraising events per
license per year; specify where charity fundraising events may be
held;
*amend KRS 238.540 to
conform.
HB 91 - AMENDMENTS
*amend KRS 238.545 to
allow raffle tickets sold at charity fundraising events and special
limited charity fundraising events to be sold at discount package
rates.
*amend KRS 238.505 to define “banquet.”
*amend KRS 238.545 to delete requirement that an automated charity game ticket dispenser be used only during bingo sessions
*amend KRS 238.505 to define “banquet.”
*amend KRS 238.545 to delete requirement that an automated charity game ticket dispenser be used only during bingo sessions
*good/bad
xxx
The Omnibus Alcohol and
Drug Counseling Law
House Bill 92 (2015)
*sponsored by L. Combs,
J. Jenkins, R. Palumbo, J. Wayne
*an Act relating to
alcohol and drug counseling
*creates a new section of
KRS 309.080 to 309.089
*changes KRS statutes:
309.080, 309.0805, 309.084, 309.080, 309.089, 309.085, 309.086,
309.087, 309.089, 309.080, 309.089, 194A.540, 222.005, 309.083,
309.081, 309.0813
*amend KRS 309.080 to
define "licensed clinical alcohol and drug counselor,"
"licensed clinical alcohol and drug counselor associate,"
"licensee," "practice of alcohol and drug counseling,"
"registered alcohol and drug peer support specialist," and
"registrant";
*amend KRS 309.0805 to
include "licensed clinical alcohol and drug counselor,"
"licensed clinical alcohol and drug counselor associate,"
and "registered alcohol and drug peer support specialist"
among the titles that may not be used by persons not licensed,
certified, or registered under KRS 309.080 to 309.089;
*amend KRS 309.081 to
conform;
*amend KRS 309.0813 to
include new licensure categories require the Board of Alcohol and
Drug Counselors to promulgate administrative regulations to define
the process to register with the board;
*create a new section of
KRS 309.080 to 309.089 to establish requirements for registration as
an alcohol and drug peer support specialist;
*amend KRS 309.083 to
stipulate that certification requirements shall also include three
hours of domestic violence training and training in suicide
assessment, treatment, and management;
*create a new section of
KRS 309.080 to 309.089 to establish requirements for licensure as a
licensed clinical alcohol and drug counselor
*create a new section of
KRS 309.080 to 309.089 to establish requirements for licensure as a
licensed clinical alcohol and drug counselor associate;
*create a new section of
KRS 309.080 to 309.089 to require the board to promulgate regulations
to define the process to register as a supervisor of record;
*amend KRS 309.084 to
eliminate outdated language and require the board to temporarily
extend licensure to certified alcohol and drug counselors with at
least a master's degree;
*create a new section of
KRS 309.080 to 309.089 permit licensure, certification, or
registration by reciprocity;
*amend KRS 309.085,
309.086, 309.087, and 309.089 to conform
*create a new section of
KRS 309.080 to 309.089 to require the board to deposit all moneys
into a revolving fund in the State Treasury;
*amend KRS 194A.540 to
include licensed alcohol and drug counselors and alcohol and drug
peer support specialists; amend KRS 210.366 to conform;
*amend KRS 222.005 to
include licensed or certified alcohol and drug counselors under the
term "qualified health professional."
Amendment Rider:
*authorize academic
degrees to come from a regionally accredited college or university,
or a college or university accredited by an agency recognized by the
United States Department of Education
xxx
The Establishing Energy
Project Assessment Districts (EPAD) Law
House Bill 100 (2015)
*sponsored by J. Kay, J.
Gooch Jr., R. Meeks, J. Richards
*create new sections of
KRS Chapter 65 to allow local governments to establish energy project
assessment district programs in order to advance the efficient use of
energy and water resources by allowing for energy projects to be
financed by assessments imposed on only those properties
participating in a program; define terms; establish the basic
required parameters of a program; allow local governments to impose
assessments on participating properties and provide the terms for the
collection of the assessments, including the grant of senior tax lien
status therefor; allow local governments to issue bonds to finance a
program; prohibit a local government from imposing an assessment on
property under a program except upon the request of the owner of
record; provide that no provision of this Act shall be interpreted to
expand the statutory powers of eminent domain belonging to a local
government, state agency, or private entity; provide that a local
government may only engage financing to administer a program from
certain financial institutions; declare short title of the Act
Amendment Riders:
*add prohibition against
use of eminent domain; permit other local departments to collect and
distribute the assessment.
*no provision of this Act shall contravene certain local ordinances
*no provision of this Act shall contravene certain local ordinances
*provide that financial
institutions shall have a physical presence in Kentucky
*allow that property
assessments may be used to repay the owner's costs of upgrades to an
electrical or gas distribution system necessary to accommodate the
energy improvement
*good
xxxXxxx
The Puzzling Financial
Examinations of Insurers Law
House Bill 117 (2015)
*sponsored by S. Riggs
*amends 9 KRS statutes
304.3-400, 304.37-050, 304.15-342, 160.310, 304.6-130, 304.6-150,
304.6-160, 304.6-170, and 304.6-171
*creates 2 new sections of
KRS: 304.6-120 to 304.6-180, and KRS 304.15-310 to 304.15-360
*amend KRS 304.3-400 to
exempt risk retention groups defined by federal law from the
definition of captive insurers;
*amend KRS 304.37-050 to
strengthen the confidentiality of records in the possession or
control of the Department of Insurance;
*authorize the
commissioner to share confidential records with state, federal, and
international regulatory agencies and law enforcement, and the
National Association of Insurance, subject to a written agreement of
confidentiality
*establish procedures and
protocols for sharing information.
HB 117 - AMENDMENTS
*create new sections of
KRS 304.6-120 to 304.6-180 to define terms relating to valuation for
life insurance, accident and health insurance, Fraternal Benefit
Society insurance, and deposit-type insurance policies, establish
valuation standards and reserve requirements for insurers, establish
requirements for treatment of confidential information obtained in
the course of an insurance examination, establish the governmental
entities with which confidential information may be shared, and
restrict the use of confidential information under the Open Records
law and by the court; authorize the commissioner of insurance to
exempt specific product forms or product lines of a domestic
insurance company that is licensed and doing business only in
Kentucky from the valuation requirements and to establish different
requirements for these domestic insurers;
*amend KRS 304.6-130 to
reference the operative date of the valuation manual adopted by the
National Association of Insurance Commissioners, to cross-reference
applicable sections of the bill, and to implement a timeline for
implementation of the valuation manual for current or future
policies;
*amend KRS 304.6-150 to
cross-reference sections created by this Act;
*amend KRS 304.6-160 to
require actuaries assessing reserves to be appointed rather than
qualified;
*amend KRS 304.6-170 to
provide that the rate or rates of interest used for policies not be
greater than, rather than higher than rates used in calculating
nonforfeiture benefits;
*amend KRS 304.6-171 to
cross-reference new statutes and to require all life insurers to
submit an annual opinion of the appointed actuary to the commissioner
and establish requirements for the actuary's opinion;
*create a new section of
KRS 304.15-310 to 304.15-360 to define "operative date of the
valuation manual" for Subtitle 15 of KRS Chapter 304 relating to
life insurance and annuity contracts;
*amend KRS 304.15-342 to
authorize adoption of various standardized mortality tables prior to
the operative date of the valuation manual;
*amend KRS 160.310 to
authorize a local school board to set aside funds for school bus
basic reparation benefits as defined in KRS 304.39-020 and as
provided in KRS 304.39-010 to KRS 304.39-080.
*amend KRS 160.310 to authorize a local school board to set aside funds for school bus basic reparation benefits as defined in KRS 304.39-020 and as provided in KRS 304.39-010 to KRS 304.39-080
*amend KRS 160.310 to authorize a local school board to set aside funds for school bus basic reparation benefits as defined in KRS 304.39-020 and as provided in KRS 304.39-010 to KRS 304.39-080
*good/bad
xxXxx
The $750,000 Breeder's
Cup Giveaway
House Bill 134 (2015)
*sponsored by D. Keene, D.
Osborne, K. Flood, J. Kay, R. Palumbo, S. Santoro, S. Westrom
*EMERGENCY
*an act relating to
pari-mutuel wagering
*eliminates sales tax for
Breeder's Cup
*used as incentive to
bring Breeder's Cup back to Kentucky
*the future tells us if
this is good or not
xxx
The All Yall Become An
Auctioneer Today Law
House Bill 148 (2015)
*Primary bill amends these
5 KRS statutes: KRS 330.030, KRS 330.060, KRS 330.070, KRS 330.110,
and KRS 330.115
*Amendment Rider creates a
new section of KRS in Chapter 330 plus amends these 5 KRS statutes:
KRS 324.020, KRS 330.030, KRS 330.060, KRS 330.110, and KRS 330.192.
*Total changes in Kentucky
Law: 1 new section of KRS, and 10 changes to KRS statutes
*Can't fine auctioneer
over $2,000
*pre-license education for
auctioneers is lowered from 80 hours to 12 hours
*became law March 19, 2015
*good/bad
xxx
The AT&T
Deregulation Law
Kentucky House Bill 152
(2015)
*sponsored by R. Rand, J.
Gooch Jr., J. Kay, R. Meyer, R. Palumbo, T. Pullin, S. Riggs, S.
Santoro, K. Sinnette, T. Thompson, J. Tilley
*new section of KRS in
Chapter 278 is created
*3 KRS statutes are
amended: KRS 278.541, 278.54611, and 278.5462
*allows AT&T to not be
required to provide landline phones for everybody, including those
who need landline phones for emergencies
*strips Public Service
Commission's power to take Internet and cellphone complaints from the
public
*became law March 12, 2015
*bad law
xxx
The Prohibition of
Healthcare Providers Soliciting Business From Those Injured in Car
Accidents Law
House Bill 153 (2015)
*sponsored by J. Gooch
Jr., R. Benvenuti III
*an act relating to
solicitation of a person involved in a motor vehicle accident for
healthcare services
*create a new Section of KRS Chapter 367 to define “healthcare provider”, “intermediary”, and “solicit”
*create a new Section of KRS Chapter 367 to define “healthcare provider”, “intermediary”, and “solicit”
*create a new section
of KRS Chapter 367 to prohibit solicitation of a person involved in a
motor vehicle accident by a health care provider or the
provider's intermediary for the purpose of obtaining basic reparation
benefits, specify the acts prohibited by a healthcare provider
*provide that the
healthcare provider is responsible for the contact made by an
intermediary with the person involved in a motor vehicle accident
*require any healthcare
provider who suspects a violation by a healthcare provider or an
intermediary to report the suspected violation to the appropriate
board listed in the definition section of this Act;
*require the licensing or
regulatory appropriate authority to impose sanctions on the
healthcare provider who violates the solicitation prohibition
*provide that charges for
services owed by the person involved in a motor vehicle accident or
on behalf of the person involved in a motor vehicle accident, by a
healthcare provider in violation of the prohibition on solicitation
shall be void, and any charges billed and paid by or on behalf of a
person involved in a motor vehicle accident to the healthcare
provider shall be returned to the payor
*amend KRS 21A.300 to
conform
*repeal KRS 367.409
Amendment Riders:
*amend Section 1 to
clarify actions that are not solicitation;
*amend Section 2 to
eliminate the requirement for healthcare providers who suspect a
violation of this section to notify the board and retain the
requirement that a healthcare provider who has knowledge of a
violation, within their scope of practice, notify the board
*amend Section 3 to
prohibit a healthcare provider who violates Section 2 from pursuing
collection from the person
*delete provision for face-to-face contact
*add definition of insurer; add to definition of solicitation a communication made for the purpose of obtaining a release from tort liability or PIP claims from a person involved in a motor vehicle accident; prohibit an insurer from seeking to obtain a release from tort liability or PIP claims, within the first 30 days of an accident
*require an insurer with knowledge of another insurer's violation to notify the department of insurance; prohibit an insurer from seeking to obtain a release from tort liability or PIP claims, within the first 30 days of an accident
*delete provision for face-to-face contact
*add definition of insurer; add to definition of solicitation a communication made for the purpose of obtaining a release from tort liability or PIP claims from a person involved in a motor vehicle accident; prohibit an insurer from seeking to obtain a release from tort liability or PIP claims, within the first 30 days of an accident
*require an insurer with knowledge of another insurer's violation to notify the department of insurance; prohibit an insurer from seeking to obtain a release from tort liability or PIP claims, within the first 30 days of an accident
*require that a release
obtained in violation of Section 2 be void
*create a new section of
subtitle 99 to KRS Chapter 304 to grant the commissioner of insurance
authority to fine an insurer who violates Section 2
*bad law
xxxXxxx
The Paint Horse and
Quadricycle Laws
House Bill 165 (2015)
*sponsored by D. Butler,
S. Westrom
*an Act relating to Paint
horses
*amend various sections of KRS Chapter 230 to define the term "Paint horse" as a horse registered with the American Paint Horse Association (APHA) of Fort Worth, Texas; include paint horse in the definition of "Horse race meeting" and the "Kentucky quarter horse, Paint horse, Appaloosa, and Arabian purse fund";
*amend various sections of KRS Chapter 230 to define the term "Paint horse" as a horse registered with the American Paint Horse Association (APHA) of Fort Worth, Texas; include paint horse in the definition of "Horse race meeting" and the "Kentucky quarter horse, Paint horse, Appaloosa, and Arabian purse fund";
*require the membership of
the Kentucky Horse Racing Commission to include a Kentucky resident
of the APHA or the Kentucky Paint horse Club;
*amend the Kentucky
quarter horse, Appaloosa, and Arabian development and purse funds to
include the Paint horse; include the Paint horse breed in the
limitations and conditions for interstate simulcasting and wagering
at thoroughbred tracks, harness tracks, and simulcast facilities;
*amend KRS 138.510 to
subject Paint horse racing to the excise taxes paid on pari-mutuel
wagering;
*amend KRS 230.750 and
230.443 to conform.
Amendment Riders:
*decrease number of KHRC
members from 16 to15 by removing Paint horse industry member;
*delete the Kentucky Paint
Horse Club as one of the groups to whom the Governor should pay heed
in his selection of KHRC appointees.
*correct from Section 7 to Section 3 the reference to the Kentucky quarter, horse, Paint horse Appaloosa, and Arabian purse fund
*correct from Section 7 to Section 3 the reference to the Kentucky quarter, horse, Paint horse Appaloosa, and Arabian purse fund
*Second Quadricycle
Amendment Rider Law (Senate Bill 28 also contains laws pertaining to
Quadricycles and Alcohol)
*amend KRS 241.010 to
define "commercial quadricycle";
*create a new section of
KRS Chapter 243 to establish and regulate authorized public
consumption (APC) licenses for use with commercial quadricycles;
allow patrons to bring their own packaged alcoholic beverages in
non-glass containers to an APC licensed premises for personal
consumption after boarding a commercial quadricycle; require all
alcoholic beverage consumption in nondescriptive plastic cups; set
qualifications for an APC license, including a business office and
secure storage, general liability insurance of at least $2,000,000,
and a local government permit; clarify that a local government is
only required to adopt ordinances relating to commercial quadricycles
if that local government has first approved their use; establish the
standards for local ordinances covering commercial quadricycles; name
the qualifications for a commercial quadricycle driver; forbid local
APC fees from exceeding state APC fees;
*amend KRS 243.030,
243.060, and 243.070 to designate state and local APC license fees;
*amend KRS 244.085 to
allow a person under 21 years of age to remain at a licensed APC
premises;
*amend KRS 243.034 to
conform
xxx
The Break-up of the
Anheuser-Busch Monopoly in Kentucky Law
House Bill 168 (2015)
sponsored by G. Stumbo, J.
Bell, G. Brown, Jr., L. Combs, K. Flood, J. Kay, M. Meredith, R.
Meyer, R. Palumbo, S. Santoro, D. St. Onge, J. Tilley, S. Westrom, A.
Wuchner
*forces Anheuser-Busch to
sell their distributorships
*reinforces Kentucky's
3-tiered system (supplier, distributor, retailer) of alcohol industry
*changes 11 KRS statutes:
243.110, 243.150, 243.730, 243.884, 243.157, 244.606, 243.150,
243.157, 243.730, 243.884, 243.110
*became law March 20, 2015
House Bill 168 will
prevent beer distributorships from being owned by beer brewing
companies. The bill is meant to affirm that beer is not exempt from
the state’s three-tier system of regulating – and keeping
separate – alcoholic beverage producers, distributors and
retailers.
*good law
xxx
The Mysterious
Underground Facility Protection Law
House Bill 172 (2015)
*sponsored by S. Riggs, R.
Crimm, J. Greer, D. Horlander, S. Santoro
*Changes 18 KRS Statutes: 367.4903, 367.4909, 367.4911, 367.4913, 367.4917, 56.777, 227.450, 227.491, 227.530, 227A.010, 45A.030, 45A.183, 45A.837, 45A.180, 164A.575, 164A.580, 164A.595, 198B.4021
*Changes 18 KRS Statutes: 367.4903, 367.4909, 367.4911, 367.4913, 367.4917, 56.777, 227.450, 227.491, 227.530, 227A.010, 45A.030, 45A.183, 45A.837, 45A.180, 164A.575, 164A.580, 164A.595, 198B.4021
*allow enforcements of the
underground facility protection Act to be based on any evidence
available to the agency issuing the citation.
*add a representative of
the Kentucky Ready Mixed Concrete Association and the Plantmix
Asphalt Industry of Kentucky to the High-Performance Buildings
Advisory Committee; remove the representative from the Home Builders
Association appointed by the Governor;
*require that a temporary
elevator mechanic license require 24 months of experience in
specified areas; prohibit renewal of a temporary elevator mechanic
license; permit the department to promulgate administrative
regulations to establish the scope of duties and fees associated with
a temporary elevator mechanic license
*March 20, 2015, Steve
Beshear signs this into Permanent Law
xxx
The Real Estate
Mortgage Loan Must Cover All Interest Rate Modifications Law
House Bill 201 (2015)
*sponsored by J. Greer, D.
Horlander, T. Kerr
*amend KRS 382.520 to
provide that a loan secured by a real estate mortgage shall secure
payment of all interest rate modifications, rather than interest rate
reductions
*good/bad (leans bad)
xxx
The Hotel and Bed &
Breakfast Room Taxes for Bigger Jails Law + Metropolitan College Tax
Credit Extension Amendment Rider Law
House Bill 202 (2015)
*sponsored by T. Thompson
and J. Glenn
*Amend KRS 91A.392 to allow excess money collected from the transient room tax to be used to defray the costs to operate, renovate, or expand a governmental or nonprofit convention center or fine arts center if an amount equal to one year's required debt service is held in reserve to satisfy any future debt service obligations of the bond; EFFECTIVE July 1, 2015.
*Amend KRS 91A.392 to allow excess money collected from the transient room tax to be used to defray the costs to operate, renovate, or expand a governmental or nonprofit convention center or fine arts center if an amount equal to one year's required debt service is held in reserve to satisfy any future debt service obligations of the bond; EFFECTIVE July 1, 2015.
*An Amendment Rider
extends the Metropolitan College tax credit to 2027
*2 KRS Statutes changed:
KRS 91A.392 and 141.381
*became law March 20, 2015
xxx
The Gold Star Sibling
License Plates Law
House Bill 209 (2015)
*sponsored by D. St. Onge,
T. Pullin, M. Denham, D. Floyd, J. Gooch Jr., J. Greer, R. Heath, M.
King, T. Moore, D. Osborne, S. Santoro, D. Schamore, T. Thompson, J.
Tipton, A. Wuchner
*creates “Gold Star
Sibling” specialty license plates for Kentuckians with siblings who
died while serving in the U.S. armed forces
*amends KRS 186.162 and
186.164
*signed March 20, 2015
*good law
xxx
The “Legalize Craft
Academy for Excellence in Science and Mathematics as Real High School
that can Award Diploma” Law
House Bill 232 (2015)
*sponsored by R. Adkins,
G. Brown, Jr., D. Floyd, R. Palumbo
*legitimates Craft Academy
as a real Kentucky public school that can award real Kentucky public
school diplomas
*amends 5 KRS Statutes:
158.140, 164.002, 164.7874, 164.7881, and 164.7885
*include the Craft Academy
in the definitions of dual credit and dual enrollment
*allow students enrolled
in the Craft Academy to earn KEES scholarships
*require the Craft Academy
to report data for KEES scholarship purposes
*signed March 19, 2015
xxx
The State Quality
Standards for Head Start and Early Childhood Education Law
House Bill 234 (2015)
*Regulations for Head
Start and Early childhood Education for Race-to-the-Top funds.
*require early child care
and education programs to follow a state quality-based rating system.
*good bill
xxx
The More Money for Old
Ass Millionaire Judges Bill
House Bill 241 (2015)
C. Harris
AN ACT relating to
the Court of Justice.
Amend KRS 21A.110 to modify the method of calculating the per diem salary for retired judges or justices called to temporary active judicial service.
Amend KRS 21A.110 to modify the method of calculating the per diem salary for retired judges or justices called to temporary active judicial service.
*signed March 19, 2015 by
Steve Beshear
*bad bill
xxx
The $132.5 Million
University of Kentucky Cancer Research Building Loan
House Bill 298 (2015)
*sponsored by R. Rand, J.
Hoover, M. Denham, D. Keene, R. Palumbo, G. Stumbo, T. Thompson
*EMERGENCY
*good bill
xxx
The 26 Cent Per Gallon
of Gasoline Tax Floor Act of 2015 + 1 Million Tax Amendment Riders
House Bill 299
*sponsored by R. Rand,
M. Denham
*EMERGENCY
*preserves $126 million in
the Road Fund over biennium
*a new floor of 26 cents
per gallon on the gas tax
*nearly half of the gas
tax is passed on to municipal governments and counties
*preserve funding for
local communities for use in road and bridge maintenance
*Department of Revenue to
notify licensed dealers of the average wholesale price upon passage
of the Act
*creates 2 new sections: 1
in KRS Chapter 141 and the other, KRS 138.210 to 138.240
*changes 19 KRS Statutes:
132.380, 133.020, 133.120, 136.180, 136.1877, 136.310, 136.555,
138.330, 138.460, 138.4603, 131.183, 141.180, 141.0205, 138.210,
138.220, 138.340, 138.349, 138.655 and 224.60-115
*amend KRS 132.380 to
clarify that, if a second property valuation administrator exam
within a county is necessary, notice shall be made by issuing a press
release in that county and by posting an announcement on the Web site
of the Department of Revenue;
*amend KRS 133.020 to
allow for an authorized person other than the county judge/executive
to swear in a new member of the local board of assessment appeals;
*amend KRS 133.120 to
clarify that real estate appraisers may represent a property owner
in assessment appeals;
*amend KRS 136.180 to
clarify that common carrier water transportation companies are
taxed as public service corporations under KRS 136.1801 to 136.1805;
*amend KRS 136.1877 to
make conforming changes;
*amend KRS 136.310 to
clarify that the total value of bank deposits maintained in Kentucky
shall be determined by the same method used for filing the summary of
deposits report with the Federal Deposit Insurance Corporation for
purposes of the foreign savings and loan tax
*amend KRS 136.555 to
correct a statutory reference related to the local government
franchise tax on bank deposits
*amend KRS 138.330 to
clarify that a financial instrument is an acceptable form of
surety for motor fuels taxes
*amend KRS 138.460 to
conform to finalized litigation related to the return of a motor
vehicle to a dealer within 60 days
*amend KRS 138.4603 to
remove an incorrect formula for determining the retail price of a
new vehicle
*amend KRS 131.183 to base
the annual adjustment of the tax interest rate on prime rate
charged by banks in September rather than October
*amend KRS 141.180 to make
approvals of innocent spouse relief effective as of the date
that the relief is approved by the Internal Revenue Service or the
department, and to allow for payments made after the effective date
of the relief to be refunded as applicable; make various other
technical corrections
Amendment Riders:
*create a new section of
KRS Chapter 141 establishing the apparently wholesome food income
tax credit equaling 20 percent of the fair market value of apparently
wholesome food donated in Kentucky;
*amend KRS 141.0205 to
order the tax credit
*create a new section of KRS 138.210 to 138.240 to establish the method by which the department shall determine the average wholesale price of gasoline;
*create a new section of KRS 138.210 to 138.240 to establish the method by which the department shall determine the average wholesale price of gasoline;
*amend KRS 138.210 to add
definitions and to arrange definitions in alphabetical order, and to
make conforming changes;
*amend KRS 138.220,
138.340, 138.349, 138.655 and 224.60-115 to conform;
*require the Department of
Revenue to notify licensed dealers of the average wholesale price
upon passage of the Act
*bad law
xxx
The Gubment Gon' Git
Your Horses and Cows Law
House Bill 312 (2015)
*government has no
liability for any of the stray horses and cows they find
*bad
xxx
The Doctor-Owned
Pharmacies Law
House Bill 329 (2015)
*bad
xxx
Deregulate Local
Firehouses
House Bill 348 (2015)
*lots of legalese
*changes 10 KRS laws
*I don't know if it's good
or bad
xxx
The Establish the
Kentucky Child Care Advisory Council Law
House Bill 429 (2015)
*sponsored by J. Tilley,
J. Richards, A. Simpson, S. Westrom
*create a new section of
KRS 199.892 to 199.8996 to establish the Kentucky Child Care Advisory
Council; establish membership; establish duties; and require an
annual report
Amendment Rider:
*amend KRS 311.530 to
stipulate that appointees shall be appointed from a list of names
submitted by the Kentucky Medical Association and delete language
requiring the Governor to ensure that specialties are represented
*good
xxx
The Electronic
Statutory and Nonprofits Signature Omnibus Bill
House Bill 440 (2015)
*sponsored
by Reps. Jody Richards, House Speaker pro tempore (D-Bowling Green),
Thomas Kerr (R-Taylor Mill), Linda Belcher (D-Shepherdsville), Chris
Harris (D-Forest Hills), and Dean Schamore (D-Hardinsburg).
*reforms for KRS laws of
Nonprofits
*recommendations advanced
by Alison Grimes' Nonprofit Task Force and Kentucky Nonprofit Network
*default rules for
organizing informal entities
*email and conference
calling language modernization
*establish KRS Chapter
273A
*create a new section of
KRS Chapter 275
*creates 12 new sections
of KRS Chapter 273
*amend KRS 14.105 to allow
the use of electronic signatures on statutory trust and
unincorporated nonprofit association filings with the Secretary of
State;
*amend KRS 14A.2-010 to
allow the Secretary of State to redact statutorily protected
information in filings;
*amend KRS 14A.3-010 to
establish the naming requirements for an unincorporated nonprofit
association;
*changes 40+ KRS Statutes:
14A.6-010, 14A.9-010, 271B.1-400, 271B.7-400, 271B.8-510,
271B.11-050, 271B.11-060, 271B.13-020, 275.015, 275.285, 275.376,
275.520, 275.525, 273.227, 275.165, 275.175, 275.335, 362.605,
275.360, 275.365, 362.2-801, 365.015, 386A.1-030, 386A.4-010,
369.102, 386A.4-020, 362.2-935, 360.027, 273.161, 273.197, 273.217,
273.221, 273.223, 273.313, 273.377, 275.290, 286.3-065
*intent is unclear
*good/bad
xxx
The Tobacco Master
Settlement Agreement, aka Welfare for Tobacco Farmers, Law
aka the Death of KRS
131.604 Law
House Bill 512 (2015)
*sponsored
by R. Rand, M. Denham, D. Horlander, T. McKee, D. Schamore, R. Smart,
W. Stone
*effective July 1, 2015
*amends over 20 KRS
Statutes: 131.600, 131.602, 131.608, 131.610, 131.612, 131.622,
131.614, 131.618, 131.630, 131.600, 131.630, 248.754, 248.756,
248.754, 248.756, 138.195, 131.624, 131.626, 131.628, 227.774
*repeal KRS 131.604
*helps protect and
preserve future Master Settlement Agreement (MSA) payments
*$1.75 billion in annual
MSA payments received from tobacco manufacturers since joining the
MSA
*amend KRS 131.602 to
require nonparticipating manufacturers to post a financial instrument
in addition to posting an escrow; require nonparticipating
manufacturers to certify compliance; require importer to be jointly
and severally liable with nonparticipating manufacturer for escrow
and penalties;
*amend KRS 131.608 to
require nonparticipating manufacturer to disclose any removal or
notice of removal from other states' directories;
*amend KRS 131.610,
131.612, and 131.622 to remove 60-day grace period for retailers
holding cigarettes not on the directory;
*amend KRS 131.614 to
require importer to appoint service agent;
*amend KRS 131.618 to
allow the Attorney General to share information with importers for
purposes of escrow requirements;
*amend KRS 131.630 to
increase penalty on stamping agent or distributor for violating KRS
131.600 to 131.630;
*amend KRS 248.754 to
correct citation;
*amend KRS 248.756 to
allow Department of Revenue to revoke cigarette wholesalers license
for violation of KRS 248.754 and 248.756; amend KRS 138.195 to
restrict who can obtain a license; allow the Department of Revenue to
deny the issuance of a license; allow applicant to have a hearing and
protest the denial of the license; amend KRS 131.624, 131.626,
131.628, and 227.774 to conform; repeal 131.604; EFFECTIVE July 1,
2015.
Amendment Riders:
*lower bonding requirement
for nonparticipating manufacturers to $50,000; restore 60 day grace
period to allow retailers to sell cigarettes that are no longer on
the directory, and cap civil penalties at $5000 for violating KRS
131.612, 248.752, and 248.754; make technical corrections.
*lower bonding requirement for nonparticipating manufacturers to $50,000; cap civil penalties at $5000 for violating KRS 131.612, 248.752, and 248.754; require Department of Revenue to develop an electronic system to notify retailers and others when a nonparticipating manufacturer has been issued a notice of intent to remove it from the directory and notify them if a change in that status has occurred bringing the nonparticipating manufacturer into compliance prior to being removed from the directory; make technical corrections.
*lower bonding requirement for nonparticipating manufacturers to $50,000; cap civil penalties at $5000 for violating KRS 131.612, 248.752, and 248.754; require Department of Revenue to develop an electronic system to notify retailers and others when a nonparticipating manufacturer has been issued a notice of intent to remove it from the directory and notify them if a change in that status has occurred bringing the nonparticipating manufacturer into compliance prior to being removed from the directory; make technical corrections.
*good/bad
xxx
The Methods of
Increasing Accountability and Efficiency in Government Contracting
Processes Law
HCR 89 (2015)
*sponsored by A. Wuchner,
A. Simpson
*request that the Legislative Research Commission create the Government Nonprofit Contracting Task Force to study methods to increase accountability and efficiency in the government contracting process
*request that the Legislative Research Commission create the Government Nonprofit Contracting Task Force to study methods to increase accountability and efficiency in the government contracting process
*no time limit for final
product
*good/bad
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