Kentucky Bills

signed · Kentucky · House Apr 26, 2018

HB 356: AN ACT relating to sex offender registrants. Amend KRS 17.545 to prohibit a sex offender registrant who is 18 years of age or older and has committed a criminal offense against a victim who is a minor from having the same residence as a minor; provide an exception if the registrant is the minor's spouse, parent, grandparent, stepparent, sibling, stepsibling, or court-appointed guardian of the minor, unless the minor was a victim of the registrant.

Signed by Governor (Acts, ch. 181)

signed · Kentucky · House Apr 26, 2018

HB 323: AN ACT relating to crimes affecting insurance. Amend KRS 304.47-020 to make technical corrections, establish range of criminal penalties resulting from conviction of insurance fraud, allow restitution to insurers that have contracted to indemify a victim, remove conviction requirement for creating private cause of action for persons damaged by violation of statute; amend KRS 431.200, 532.032, 532.034, 532.160, 532.350, 533.030, 533.254, and 610.030 to allow restitution to insurers that have contracted to indemnify a victim, amend KRS 439.3107, 439.563, 532.162, 532.356, 532.358, and 446.010 to conform.

Signed by Governor (Acts, ch. 178)

signed · Kentucky · House Apr 26, 2018

HB 367: AN ACT establishing support for dyslexia and making an appropriation therefor. Create a new section of KRS Chapter 157 to create a dyslexia trust fund to be administered by the Kentucky Department of Education to finance grants to school districts for support of students identified with characteristics of dyslexia; require a report on expenditures from the fund; create a new section of KRS Chapter 186 to create a Dyslexia Ready to Read special license plate with extra fees funding the dyslexia trust fund; amend KRS 186.162 to establish the fees for the Dyslexia Ready to Read special license plate; amend KRS 186.166 to update the list of license plates to include the Dyslexia Ready to Read special license plate; APPROPRIATION; EFFECTIVE January 1, 2019.

Signed by Governor (Acts, ch. 206)

signed · Kentucky · House Apr 26, 2018

HB 427: AN ACT relating to nurses. Amend KRS 314.011 to eliminate reference to the Controlled Substance Formulary Development Committee and to change the term "noncontrolled" to "nonscheduled;" amend KRS 314.031 to reference the disciplinary statute and to eliminate the list of reportable offenses; amend KRS 314.035 to establish a mandatory reporting requirement for anyone who has knowledge of a potential violation by a dialysis technician; amend KRS 314.042 to update language concerning the definition of an advanced practice registered nurse (APRN), require an applicant for an APRN license to take a jurisprudence examination; simplify reporting of the rescission of a CAPA-NS or CS; amend KRS 314.085 to clarify that evaluations must be submitted within 30 days; amend KRS 314.089 to clarify when an immediate suspension of a license is warranted; amend KRS 314.091 to add use or possession of a Schedule I controlled substance and use or impairment by use of alcohol or drugs to the list of violations; amend 314.101 to clarify when a nurse that is temporarily in the state does not need a license; amend KRS 314.181 to clarify when a registered nurse may pronounce the death of a patient; amend KRS 314.111 to allow the Board of Nursing to fine a program of nursing that is not in compliance with regulations; amend KRS 311A.185 to conform; repeal KRS 314.046 and 314.105.

Signed by Governor (Acts, ch. 183)

signed · Kentucky · House Apr 26, 2018

HB 528: AN ACT relating to joint custody. Amend KRS 403.270 to create a presumption that joint custody and equally shared parenting time is in the best interrest of the child, and to require the court to consider the motiviation of the aduts involved when determining the best interest of the child for custody orders; amend KRS 403.280 to specify that the presumption of joint custody and equal parenting time is in the best interest of the child; amend KRS 403.320 to allow a parent not granted custody or shared parenting time to petition for reasonable visitation rights; amend KRS 403.340 to specify that if a court modifies a custody decree there is a rebuttable presumption that it is in the best interest of the child for the parents to have joint custody and equally shared parenting time.

Signed by Governor (Acts, ch. 198)

signed · Kentucky · House Apr 26, 2018

HB 169: AN ACT relating to gang violence prevention and declaring an emergency. Create a new section of KRS Chapter 506 to define "criminal gang" and "pattern of criminal gang activity"; repeal and reenact KRS 506.140 to enumerate what constitutes criminal gang recruitment in the first, second, and third degree; amend KRS 506.120 to define "criminal gang syndicate" and associated penalties for defendants convicted of certain offenses committed while acting as a criminal gang syndicate; amend KRS 506.150 to revise evidence that is corroborative of the existence of a gang or gang membership; create new sections of KRS Chapter 506 to require that anyone who is found to be a member of a criminal gang at the time of commission of a felony, and who is subsequently convicted of a felony that puts the public at risk, shall be sentenced to a penalty that is one class higher than the penalty provision pertaining to the felony offense he or she was convicted of, unless the person is determined to be a persistent felony offender; establish a cause of action for a person harmed by a criminal gang or criminal gang member; create a new section of KRS Chapter 506 to state that property used by a gang or gang member in the commission of the crime shall be forfeited and disposed of in accordance with KRS 218A.405 to 218A.460; provide that this Act shall be known as the Gang Violence Prevention Act; encourage state and local law enforcement agencies to create a statewide gang violence prevention database; EMERGENCY.

Signed by Governor (Acts, ch. 202)

signed · Kentucky · House Apr 26, 2018

HB 201: AN ACT relating to appropriations providing financing and conditions for the operations, maintenance, support, and functioning of the Transportation Cabinet of the Commonwealth of Kentucky. The Transportation Cabinet Budget: appropriate from the General Fund, Restricted Funds, Federal Funds, and Road Fund $2,338,992,800 in fiscal year 2018-2019 and $2,318,218,000 in fiscal year 2019-2020 for operating costs; appropriate from Road Fund and Investment Income for various capital projects; require the Secretary of the Transportation Cabinet to produce a document detailing the 2018-2020 Biennial Highway Construction Program and the Highway Preconstruction Program; provide debt service to the General Administration and Support budget unit; allow reallocation of appropriations among budget units; allow the Transportation Cabinet to receive funds and services for the Adopt-A-Highway Litter Program; provide funds for Aviation's operational costs; provide debt service to the Aviation budget unit; provide funds for Economic Development Road lease-rental payments; provide that no portion of the revenues to the state Road Fund accrue to the Debt Payment Acceleration Fund account; provide debt service for Grant Anticipation Revenue Vehicle (GARVEE) Bonds; provide funds for the State-Supported Construction Program, Biennial Highway Construction Program, Highway Construction Contingency Account, and the Kentucky Pride Fund; authorize projects in the 2016-2018 Biennial Highway Construction Plan to continue into the 2018-2020 biennium; provide no Road Fund appropriation for the Kentucky Transportation Center; authorize the Transportation Cabinet to match federal highway moneys; prioritize projects should any additional federal highway moneys become available; authorize the Transportation Cabinet to continue the Cash Management Plan and to make programmatic adjustments; provide for carry forward of any unexpended Road Fund appropriations in the Highways budget unit for various programs; provide for the transfer of Road Fund resources for judgments; authorize the Transportation Cabinet to maximize the use of Toll Credits; provide funds for the County Road Aid Program, the Rural Secondary Program, the Municipal Road Aid Program, and the Energy Recovery Road Fund; provide debt service to the Vehicle Regulation budget unit; provide for Capital Construction Fund appropriations and reauthorizations; provide for the expiration of existing line-item capital construction projects; authorize various capital projects; specify funds transfers.

Delivered to Secretary of State (Acts, ch. 208)

signed · Kentucky · House Apr 26, 2018

HB 513: AN ACT relating to privately owned small wastewater treatment plants. Create new sections of Subchapter 73 of KRS Chapter 224 to define "sewage" and "small wastewater treatment plant"; allow the Energy and Environment Cabinet to require structural analyses of small wastewater treatment plants under certain conditions; allow the cabinet to require small wastewater treatment plants' owners to secure financial or performance measures that may include insurance policies or financial instruments, surety bonds or other instrument or reasonable guaranties, the utilization of asset management plans or capacity, management, operation and maintenance measures, and financial assurance measures that ensure the plant operates in conformity with applicable laws and that the plant is maintained properly; allow the cabinet have the ability to seek the appointment of a permanent or temporary receiver, custodian, or fiduciary to assume the management and operations of a plant.

Signed by Governor (Acts, ch. 196)

signed · Kentucky · Senate Apr 26, 2018

SB 112: AN ACT relating to telehealth. Create a new section of KRS Chapter 205 to require the cabinet to regulate telehealth; set requirements for the delivery of telehealth services to Medicaid recipients; require equivalent reimbursement for telehealth services; require provision of coverage and reimbursement for telehealth; prohibit the cabinet from requiring providers to be physically present with a recipient; prohibit prior authorization, medical review, or administrative clearance if not required for the in-person service; prohibit demonstration of necessity; prohibit requiring providers to be part of a telehealth network; specify that Medicaid shall not be required to provide coverage for services that are not medically necessary or pay for transmission costs; amend KRS 205.510 to define terms; amend KRS 205.559 to add telehealth; amend 304.17A-005 to redefine "telehealth"; amend KRS 304.17A-138 to require health benefit plan coverage of telehealth to the same extent as though provided in person; prohibit health benefit plans from requiring providers to be physically present with a patient; prohibit prior authorization, medical review, or administrative clearance if not required for the in-person service; prohibit demonstration of necessity; prohibit requiring providers to be part of the telehealth network or subject to Telehealth Board oversight; specify that health benefit plans shall not be required to provide coverage for services that are not medically necessary or pay for transmission costs; amend KRS 342.315 to conform; amend KRS 18A.225 to require any fully insured health benefit plans or self-insured plans issued or renewed after July 1, 2019, to public employees to comply with KRS 304.17A-138; repeal KRS 194A.125; EFFECTIVE July 1, 2019.

Signed by Governor (Acts, ch. 187)

signed · Kentucky · Senate Apr 26, 2018

SB 78: AN ACT relating to electricians. Amend KRS 227A.060 to require the Department of Housing, Buildings and Construction to administer its electrician licensing examination; allow an applicant to sit for the electrician licensing examination if the applicant has four years of experience or two years of experience plus an acceptable training course in electrical work; create a nonrenewable two-year provisional electrician license; require an applicant for a provisional license to have at least six years of verifiable experience since age 16; establish how a provisional license holder may become a licensed electrician; allow a former provisional license holder to apply for regular licensure as an electrician.

Signed by Governor (Acts, ch. 186)

signed · Kentucky · House Apr 26, 2018

HB 429: AN ACT relating to reorganization. Amend KRS 196.026 to add a Division of Education to the Office of Adult Institutions in the Department of Corrections; confirm Executive Order 2017-268, dated May 1, 2017.

Signed by Governor (Acts, ch. 184)

signed · Kentucky · Senate Apr 26, 2018

SB 200: AN ACT relating to executive orders. Create a new section of KRS Chapter 11 to require executive orders issued by the Governor to be identified by year of issuance and subject area, to be numbered consecutively within year of issuance and subject area categories, and to be filed with the Secretary of State; require the Secretary of State to forward certain executive orders identified to the director of the Legislative Research Commission on the date filed; require the co-chairs of the Legislative Research Commission to refer executive orders relating to reorganization of state government and other matters pertaining to the operation or official policy of the government, to the legislative committee of jurisdiction within two working days after the order is received by the Legislative Research Commission; provide that executive orders relating to appointments requiring confirmation, reorganization of state government, and other matters pertaining to the operation or official policy of the government shall not become effective until 35 days after being filed with the Secretary of State; require the committee of referral to review the executive order within 30 days and report its findings and objections; require an objection by the reviewing committee to be upon the vote of a majority of the committee members of either chamber; direct that executive orders pertaining to governmental policy which were objected to by a reviewing committee be identified in legislation drafted for introduction by the President of the Senate and the Speaker of the House on the first day of the regular session; require the proposed legislation to declare each identified deficient executive order void upon enactment of the legislation, prohibit the Governor from adopting executive orders that are the same or substantially the same as the voided executive order for one year from sine die adjournment of the legislative session in which the legislation is enacted, and contain an emergency clause; permit the General Assembly to amend the proposed legislation to add executive orders, delete executive orders, or include reorganization orders which have not been enacted into law; require the Governor to compile a list of all executive orders currently in effect and provide the list to the Legislative Research Commission by September 30, 2018; require the Governor to identify executive orders that should remain in effect and those he or she shall revoke or repeal as obsolete or no longer necessary; provide that executive orders the Governor does not continue in effect or revoke or repeal on another date will cease to exist as of October 1, 2018; require legislative review of executive orders that the Govenor has identified should remain in effect; create a new section of KRS Chapter 12 to require each administrative body created by executive order or administrative order to cease to exist at the end of the issuing Governor's or other statewide elected official's term of office unless established by General Assembly enactment; amend KRS 12.028, relating to the reorganization of state government, to conform.

Signed by Governor (Acts, ch. 201)