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signed · Kentucky · House Apr 26, 2018

HB 11: AN ACT relating to power of attorney. Establish KRS Chapter 457 to adopt portions of the Uniform Power of Attorney Act of 2006; establish definitions for the chapter; provide that the chapter shall apply to all powers of attorney except for certain exceptions; provide that powers of attorney are durable and for their execution; provide a choice-of-law rule for determining the law that governs the meaning and effect of the power of attorney; detail the relationship between a power of attorney and a conservator or guardian; outline when a power of attorney becomes effective; detail when a power of attorney terminates; establish default rules for coagents and successor agents; allow for the reimbursement and compensation of an agent; detail how an agent accepts his or her appointment; outline an agent's duties; provide that a principal can lower the standard of liability for an agent with a few exceptions; establish a list of persons that may petition the court to review the agent's conduct; address when an agent is liable; detail how an agent can resign; provide protections for persons who accept a power of attorney in good faith; impose liability for refusal to accept a power of attorney; clarify that the principles of law and equity supplement the chapter unless displaced by a provision of the chapter; provide that the remedies under the chapter are not exclusive and do not abrogate any other cause of action or remedy; amend KRS 367.93103, relating to funeral planning declarations, to clarify that a funeral declaration included in a will or power of attorney does not invalidate the will or power of attorney; amend KRS 372.140 and 387.530 to conform; repeal KRS 386.093, relating to the effect of incapacity or death on a power of attorney.

Signed by Governor (Acts, ch. 185)
signed · Kentucky · House Apr 26, 2018

HB 464: AN ACT relating to credit for reinsurance. Amend KRS 304.5-140 to define "NAIC"; allow commissioner of Department of Insurance to promulgate administrative regulations establishing additional requirements for certain reinsurance arrangements; require accredited reinsurers to demonstrate adequate financial capacity; authorize reduction in trusteed surplus for certain assuming insurers maintaining a trust for the payment of reinsurance claims; establish requirements for certain assuming insurers maintaining a trust for the payment of reinsurance claims; establish requirements for assuming insurers that have been certified or seek to be certified as a reinsurer in Kentucky; require the commissioner to publish a list of qualified jurisdictions under which assuming insurers are eligible to be considered for certification as a reinsurer; require the commissioner to assign and publish a list setting forth the rating for each certified reinsurer; authorize the commissioner to suspend or revoke a reinsurer's accreditation or certification and establish due process procedures; establish requirements for the management of a ceding insurer's reinsurance recoverables; allow the commissioner to permit a certified reinsurer to defer posting security for catastrophic recoverables under certain circumstances; include certain exempted assets as acceptable forms of security permitted for certain reinsurance arrangements; authorize commissioner to promulgate administrative regulations; make conforming amendments; EFFECTIVE January 1, 2019.

Signed by Governor (Acts, ch. 194)
signed · Kentucky · House Apr 26, 2018

HB 517: AN ACT relating to grandparent visitation. Amend KRS 405.021 to create a presumption that grandparent visitation is in the child's best interest when there is a significant and viable relationship between the child and grandparent, and the parent who is the child of the grandparent is deceased; amend KRS 620.090 to require the court to consider granting visitation rights to the grandparents who are not granted temporary custody.

Signed by Governor (Acts, ch. 197)
signed · Kentucky · House Apr 26, 2018

HB 345: AN ACT relating to surplus lines. Amend KRS 304.10-030 to include certain types of disability insurance in the definition of "nonadmitted insurance"; amend KRS 304.10-040 to allow licensed agents with lines of authority in health and life to export disability insurance; amend KRS 304.120 to a broker procuring surplus lines disability coverage maintain his or her agent license with lines of authority for health and life; amend KRS 304.10-180 to remove reference to Surplus Lines Insurance Multi-State Compliance Compact Commission; repeal KRS 304.10-400.

Signed by Governor (Acts, ch. 180)
signed · Kentucky · Senate Apr 25, 2018

SB 73: AN ACT relating to school districts. Create a new section of KRS Chapter 156 to establish a pilot program for performance-based professional development projects; require the local board of education to determine the parameters for the pilot program; require the Kentucky Department of Education to study the completed pilot projects and report its findings by August 1, 2022; amend KRS 158.070 to sunset the granting of nontraditional instruction days after the 2020-2021 year.

Signed by Governor (Acts, ch. 174)
signed · Kentucky · House Apr 14, 2018

HB 366: AN ACT relating to revenue measures, making an appropriation therefor, and declaring an emergency. Amend KRS 224.50-868 to extend the new tire fee to July 1, 2020; provide that the amount of principal which a qualified applicant may owe the Kentucky Agricultural Finance Corporation at any one time shall not exceed $5 million; allow a 0.5% administrative fee to be paid to the Kentucky Infrastructure Authority for the administration of each project funded by the Infrastructure for Economic Development Fund for Coal-Producing Counties and the Infrastructure for Economic Development Fund for Tobacco Counties; require any revenue received from the sale or renewal of Child Victims' Trust Fund license plates in excess of actual costs incurred by the Transportation Cabinet be transferred to the Child Victims' Trust Fund on an annual basis; require any funds or assets recovered by the Attorney General in connection with a lawsuit be paid directly to the Commonwealth and deposited in a distinct trust and agency account for each settlement; allow expenses incurred by the Auditor of Public Accounts for required audits of federal funds be charged to the government or agency that is the subject of the audit; require each agency of the Executive Branch to remit an assessment to the Personnel Board for its operation; exempt from all state and local taxes water withdrawal fees imposed by the Kentucky River Authority; require a school district that receives an allotment for an urgent needs school, and subsequently receives funds for that facility as a result of litigation or insurance, to reimburse the Commonwealth an amount equal to the amount received; establish the Office of Employment Training Building Proceeds Fund and require up to $3 million of proceeds from the disposal of any state-owned real property by the Office be deposited into the fund; require any revenue derived from the establishment of statewide contracts by the Office of Material and Procurement Services be credited to a trust and agency account and be used to administer the program; require the insurance surcharge rate be calculated at a rate to provide sufficient funds for the Firefighters Foundation Program Fund and the Kentucky Law Enforcement Foundation Program Fund; allow the Department for Medicaid Services to impose copayments for services rendered to Medicaid recipients, not to exceed the amount permitted by federal law or waivers; allow the Department for Medicaid Services to utilize premiums and cost-sharing for services rendered to Medicaid and KCHIP recipients not to exceed amounts permitted by federal law or waivers, however KCHIP premiums are suspended for the 2018-2020 biennium; allow the Department of Insurance to waive or assess at any rate between zero and one percent for the 2019 or 2020 plan year on any health benefit plan premiums written by an insurer in the individual market segment; allow the Personnel Cabinet to collect a pro rata assessment from all state agencies, in all three branches of government, and other organizations that are supported by the system and deposit the assessment in a restricted fund account within the Personnel Cabinet; suspend the processing all applications received by the Kentucky Film Office during the biennium and require that the Department of Revenue not process or approve any refund requests from motion picture production companies related to sales and use tax paid during the biennium; require 0.075 percent be withheld from each rate established under KRS 341.270 and 341.272 if the Unemployment Insurance Trust Fund balance exceeds the balance of the trust fund as of December 31, 2017, and deposit those funds in the Service Capacity Upgrade Fund; require insurance premium taxes and retaliatory taxes from any insurer be credited to the General Fund; allow the Personnel Cabinet to collect a benefits assessment per month per employee eligible for health insurance coverage in the state group for administration of the health insurance program; EMERGENCY

Delivered to Secretary of State (Acts, ch. 171)
signed · Kentucky · Senate Apr 14, 2018

SB 110: AN ACT relating to quota licenses for alcohol and declaring an emergency. Create a new section of KRS Chapter 241 to codify the quota license system for alcoholic beverages for wet counties; create a new section of KRS Chapter 241 to codify the quota license system for alcoholic beverages for wet cities; create a new section of KRS Chapter 241 to specify the department's process for verifying quota numbers; create a new section of KRS Chapter 241 to allow a city or county to petition for a quota increase and establish criteria for the board to consider; create a new section of KRS Chapter 242 to outline petition requirements; create a new section of KRS Chapter 243 to notify quota license holders that quotas may be increased; amend KRS 241.065 to conform with population data; EMERGENCY.

Became law without Governor's Signature (Acts, ch. 154)
signed · Kentucky · House Apr 14, 2018

HB 204: AN ACT making appropriations for the operations, maintenance, and support of the Legislative Branch of the Commonwealth of Kentucky. The Legislative Branch Budget: appropriate from the General Fund $69,693,900 for fiscal year 2018-2019 and $71,248,700 for fiscal year 2019-20020; appropriate from Restricted Funds $75,000 for fiscal year 2018-2019 and $175,000 for fiscal year 2019-2020, with appropriations allocated as follows: General Assembly 2018-2019 $19,372,900 2019-2020 $20,281,900 Legislative Research Commission 2018-2019 $50,396,000 2019-2020 $51,141,800; transfer $2,269,000 to the General Fund in each fiscal year.

Delivered to Secretary of State (Acts, ch. 173)
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