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Bill results

in committee · Kentucky · House Jan 4, 2022

HB 54: AN ACT relating to workers' compensation and declaring an emergency.

Amend KRS 342.0011 to define "COVID-19"; create a new section of KRS Chapter 342 to establish workers' compensation liability in instances where employers require vaccination against COVID-19 as a condition of employment and the employee develops an adverse reaction to the vaccine; create a rebuttable presumption that an adverse reaction was caused by the COVID-19 vaccine if it was not present prior to and arises within 14 days of receipt of the vaccine; retoactive to December 14, 2020; EMERGENCY.
Kevin Bratcher (R) Jennifer Decker (R) Shane Baker (R) Felicia Rabourn (R) Regina Huff (R)
in committee · Kentucky · House Jan 4, 2022

HB 155: AN ACT relating to constables.

Create a new section of KRS Ch. 70 detailing legislative findings in regards to constables; create a new section of KRS Ch. 70 providing definitions; create a new section of KRS Ch. 70 establishing the Constable Certification Program, course components and length, operating procedures; require promulgation of administrative regulations, frequency of program, funding to be provided from KLEPF fund, establish in-service training requirements for certified graduates; require county board of elections to notify Constable's Association of any elected or appointed constable within 60 days, require the Department of Criminal Justice Training to maintain records of training, designate any constable who does not complete the program as "non-certified;" require Kentucky Constable's Association to maintain a list of certified and non-certified members; amend KRS 17.190 to include "certified constable or deputy constable; amend KRS 61.315 to include constable or deputy constables; include constables and deputy constables within certain benefits programs for line of duty incidents; amend KRS 61.362 to include constables; amend KRS 64.190 allow constables the same fees for services as sheriffs; amend KRS 64.250 removing provisions relating to officials in counties over 250,000; amend KRS 70.310 establish bond requirements for constables at $10,000; amend KRS 70.320 establish formula for constables in counties greater than 50,000 to appoint deputy constables; define salary for deputy constables; require that deputy constables be and remain certified; amend KRS 189.910 to include certified constable's or deputy constable's vehicles within definition of "emergency vehicle;" amend KRS 189.920 to require that these vehicles be equipped with blue lights, allow non-certified constables to have blue lights if authorized; amend KRS 189.450 to replace "police" with "peace;" include constables and deputy constables within the exemptions of the section; amend KRS 189.950 to remove certain requirements for blue lights; amend KRS 431.005 to include certified constables or deputy constables; amend KRS 431.007 to include certified constables or deputy constables, and exclude non-certified constables or deputy constables; repeal KRS 64.200 and 70.430; short title.
Russell Webber (R) Bobby McCool (R) Jennifer Decker (R) William Lawrence (R) Regina Huff (R)
in committee · Kentucky · House Jan 4, 2022

HB 108: AN ACT relating to solid waste and making an appropriation therefor.

Create new sections of Subchapter 43 of KRS chapter 224 to define "biodegradable," "contained in," "disposal," "extended producer responsibility," "EPR working group," "full cost accounting," "Kentucky Packaging Stewardship Program," "Kentucky Pride Fund," "packaging material," "packaging waste," "person," "plastic material," "priority waste control list," "producer," "producer responsibility fees," "minimum recyclable content standard," "sold," and "waste reduction target"; authorize and set a timetable by which the Kentucky Energy and Environment cabinet will promulgate administrative regulations to implement a program that internalizes the cost of packaging wastes to the producer of the waste called the Kentucky Packaging Stewardship Program; establish goals and considerations when implementing the program through its regulatory authority; authorize the cabinet to set waste reduction targets and minimum recyclable content standards under an extended producer responsibility designation made by the cabinet; authorize the cabinet to impose producer responsibility fees to pay for the disposal, recycling, or additional treatment of packaging wastes contributed to the solid waste stream by the producer; emphasize plastic wastes; allow the producer to reduce its exposure under the program by compliance with the waste reduction and recyclable content standards; establish goals for grants made under the Kentucky Pride Program using the producer responsibility fees; require the cabinet to characterize the waste stream, set categories for the types of packaging wastes, and place the top ten packaging wastes as prioritized by the cabinet under an extended producer responsibility designation; authorize the cabinet to set up a working group of producers under the extended producer responsibility designation which shall serve as an advisory group to the cabinet; amend KRS 224.10-620 to include packaging waste in the state environmental education program implemented by the Kentucky Department of Education and define terms; amend KRS 224.43-310 to include waste reduction targets and minimum recyclable content standards in the tools to reduce solid waste disposed of at landfills in the Commonwealth; include information about the Kentucky Packaging Stewardship Program in the triennial update on solid waste submitted by the cabinet to the Governor and the General Assembly; add the goals and priorities under the program to inform definitions made in grants and loans; allow for maximum disposal capacity limitations as a tool for achieving waste reduction targets under an extended producer responsibility designation; include in the cabinet's report to the Governor and the General Assembly information on the number and categories of extended producer responsibility designations, amount of producer fees remitted, waste reduction targets and recyclable content standards along with actuals for the review; progress in meeting the goals of the Kentucky Packaging Stewardship Program; and define terms; amend KRS 224.43-505 to authorize the producer responsibility fees to be deposited into the Pride Fund and allow for grants to be made from the fund in accordance with the goals of the Kentucky Packaging Stewardship Program and the Pride Program; allow for conditioning of grants and revocation and recovering of grants for failure to comply with the program requirements; allow for reimbursement of costs to implement the program above the $750,000 cap; define terms.
in committee · Kentucky · House Jan 4, 2022

HB 40: AN ACT relating to transportation.

Amend KRS 189.030 to require the illumination of headlamps on motor vehicles during any period of precipitation that necessitates the use of windshield wipers by motorists; specify that there will be a courtesy warning period until January 1, 2023.
Richard White (R)
in committee · Kentucky · House Jan 4, 2022

HB 53: AN ACT relating to student loan servicers.

Establish Subtitle 12 of KRS Chapter 286 and create sections thereof to define terms; establish licensing requirements for certain student loan servicers; establish requirements for student loan servicing activities; require student loan servicers to comply with applicable state and federal law; establish fines for violations of the subtitle; establish a private right of action for violations of the subtitle; permit the commissioner of the Department of Financial Institutions to monitor risk to consumers relating to servicing student loans; require the commissioner to designate a student loan ombudsman; set forth requirements for student loan ombudsman; amend KRS 452.005 to conform; state that provisions of this Act shall be severable.
Cherlynn Stevenson (D) Josie Raymond (D) Rachel Roberts (D) Kelly Flood (D) Susan Westrom (D)
in committee · Kentucky · Senate Jan 4, 2022

SB 16: AN ACT relating to special purpose depository institutions.

Create a new Subtitle 12 of KRS Chapter 286 to establish special purpose depository institutions that engage in a nonlending banking business; establish findings and purposes for subtitle; provide for the organization, powers, and chartering of the institution; require directors to take oaths; establish capital, bonding, contingency, and insurance requirements; establish requirements for offering depository accounts and other services; provide that certain provisions of Subtitle 3 of KRS Chapter 286 shall apply to the institutions; establish branching requirements for in-state and out-of-state institutions; provide for administrative appeals; require the commissioner of financial institutions to adopt administrative regulations to implement the subtitle; establish administrative penalties and procedures for violations of the subtitle; establish when the commissioner shall close an institution for liquidation; establish procedures for voluntary dissolution; amend KRS 286.1-011 and 286.2-685 to conform; amend KRS 286.2-040 to allow the commissioner to examine special purpose depository institution service providers; require the commissioner to promulgate administrative regulations to implement the Act on or before October 1, 2022; EFFECTIVE, in part, on October 1, 2022.
Brandon Smith (R)
in committee · Kentucky · House Jan 4, 2022

HB 135: AN ACT relating to retirement benefits for state and county employees in hazardous positions.

Create a new section of KRS 16.505 to 16.652 to change the retirement benefits for members participating in the State Police Retirement System (SPRS) or in a hazardous position in either the Kentucky Employees Retirement System (KERS) or County Employees Retirement System (CERS) who are hired after January 1, 2014, but before January 1, 2023, so that, in lieu of continued participation in the hybrid cash balance plan (Tier 3 benefits), these members receive the benefits provided to members in a hazardous position who began participating immediately prior to January 1, 2014 (Tier 2 benefits); for members participating in a hazardous position who are subject to a change from Tier 3 to Tier 2 benefits, presume that service credit in a hazardous duty position earned after January 1, 2014, is service credit earned immediately prior to January 1, 2014, and require that accumulated contributions remain in the member’s account, although any employer credit will be transferred to the retirement allowance account; allow a member participating in a hazardous position subject to a change from Tier 3 to Tier 2 benefits to make a one-time election to opt out of the change of benefits, to be made for an actively employed member, no later than January 31, 2023, or for a member returning to a qualified position, within 30 days of returning to employment; establish exclusions; amend KRS 16.576, 16.577, and 78.5514 to allow a new member who begins participating in SPRS or in a hazardous position in KERS or CERS on or after January 1, 2023, or a member who is eligible under Section 1 of the Act, to calculate retirement allowance using the same benefit factors and service credit as those members in a hazardous position who began participating immediately prior to January 1, 2014 (Tier 2 members); amend KRS 16.583 and 78.5516 to limit the hybrid cash balance plan (Tier 3 benefits) only to members participating in SPRS or in hazardous positions in KERS or CERS who make an election to opt out of Tier 2 benefits under Section 1 of the Act or who make an election, prior to the effective date of the Act, under KRS 61.5955; amend KRS 61.5955 to provide that only a member in a nonhazardous position who began participating in KERS or CERS as a Tier 2 member may elect to receive Tier 3 benefits in the hybrid cash balance plan in lieu of Tier 2 benefits; amend KRS 16.505, 61.510, and 78.510 to amend definitions of various terms to conform and make technical changes; amend KRS 16.560, 61.575, and 78.640 to allow interest credited on the accounts of members participating in SPRS or in a hazardous position in KERS or CERS to be adjusted to conform; amend KRS 16.578 to allow a beneficiary of a member participating in SPRS or in a hazardous position in KERS or CERS who begins participating on or after January 1, 2023, or who is eligible under Section 1 of the Act, to receive the same death benefits as a Tier 2 member; amend KRS 16.582 and 78.5524 to allow a member participating in SPRS or in a hazardous position in KERS or CERS who begins participating on or after January 1, 2023, or who is eligible under Section 1 of the Act to receive the same disability benefits as a Tier 2 member; amend KRS 61.546 and 78.616 to allow a member participating in SPRS or in a hazardous position in KERS who begins participating on or after January 1, 2023, or who is eligible under Section 1 of the Act, to receive the same service credit for unused sick leave as a Tier 2 member; amend KRS 61.552 to allow a member participating in SPRS or in a hazardous position in KERS or CERS, who begins participating on or after January 1, 2023, or who is eligible under Section 1 of the Act, who is also vested, to purchase service credit; amend KRS 61.597 and 78.5512 to permit early retirement from both the Tier 2 and Tier 3 plans for a member eligible for Tier 2 hazardous benefits under Section 1 of the Act, who also has nonhazardous service credit as a Tier 3 member of either KERS or CERS; amend KRS 61.615 and 78.5528 to allow, if a disability retirement allowance is reduced or discontinued, for a member participating in SPRS or in a hazardous position in KERS or CERS who begins participating on or after January 1, 2023, or who is eligible under Section 1 of the Act, to apply for early retirement benefits as provided for and subject to the same limitations as Tier 2 members; amend KRS 61.680 to require that a member who is eligible under Section 1 of the Act and who has nonhazardous service credit as a Tier 3 member of either KERS or CERS to have his or her nonhazardous and hazardous service consolidated to determine eligibility and benefits; amend KRS 78.545 to add Section 1 of this Act as one of the provisions that shall be administered for the CERS in the same manner as for the KERS.
Tom Burch (D) Cherlynn Stevenson (D) Kim Banta (R) Rachel Roberts (D) Charles Miller (D)
in committee · Kentucky · Senate Jan 4, 2022

SB 17: AN ACT relating to digital assets.

Establish KRS Chapter 355A and create new sections thereof to define and establish property classifications for digital assets; supplement and modify provisions of the Uniform Commercial Code, KRS Chapter 355, relating to the classification, perfection, and priority of digital assets; allow debtors located in Kentucky to file a financial statement with the Secretary of State to perfect a security interest in a digital asset; establish when a transferee takes a digital asset free of any security interest perfected by filing; for purposes of Article 9 of KRS Chapter 355, establish when digital assets are located in Kentucky; classify open blockchain tokens with certain characteristics as intangible personal property; require developers and sellers of certain open blockchain tokens to file a notice of intent with the Secretary of State, and pay a filing fee, prior to sale in this state; require the Secretary of State to promulgate forms and make the forms accessible to filers; require facilitators of certain open blockchain tokens in the resale market to comply with certain requirements; establish penalties for violation of the section; provide that the Secretary of State may make referrals to law enforcement agencies; provide that section may be cited as the Kentucky Utility Token Act; create a new section of Subtitle 2 of KRS Chapter 286 to permit certain Kentucky financial institutions to elect to provide custodial services of customer currency and digital assets in accordance with the provisions of the section; establish internal control and customer contracting requirements for providing custodial services under the section; provide that digital assets held in custody under the section are not depository liabilities or assets of the financial institution; require the commissioner of financial institutions to establish a supervision fee; create a new section of Article 1 of KRS Chapter 355 to conform; amend KRS 369.103 to include transactions involving digital assets; provide that the Secretary of State and the commissioner of financial institutions shall promulgate administrative regulations to implement the Act on or before October 1, 2022; EFFECTIVE, in part, October 1, 2022.
Brandon Smith (R)
in committee · Kentucky · House Jan 4, 2022

HB 39: AN ACT relating to Medicaid coverage for doula services.

Create a new section of KRS Chapter 205 to require the Department for Medicaid Services and any managed care organization with whom the department contracts for the delivery of Medicaid services to provide coverage for doula services; establish training and education requirements for doulas; permit the department to promulgate administrative regulations; require the Cabinet for Health and Family Services or the Department for Medicaid Services to seek federal approval if they determine that such approval is necessary.
Josie Raymond (D) Kelly Flood (D) Attica Scott (D) Pamela Stevenson (D) Norma Kirk-McCormick (R)
in committee · Kentucky · House Jan 4, 2022

HB 166: AN ACT relating to workers' compensation.

Amend KRS 342.315 to eliminate the requirement that physicians contracting with the commissioner of the Department of Workers' Claims to perform evaluations in occupational disease claims be "B" readers who are licensed in Kentucky and are board-certified pulmonary specialists; amend KRS 342.316 to allow the commissioner to select a physician or medical facility for referral in occupational disease claims and eliminate the requirement that such physicians be "B" readers who are licensed in Kentucky and are board-certified pulmonary specialists; amend KRS 342.794 to delete the definition of "board-certified pulmonary specialist" and eliminate the requirement that physicians on the list of qualified "B" readers maintained by the commissioner include only those licensed in Kentucky and board-certified pulmonary specialists.
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