Rep. Jim DuPlessis

Create a new section of KRS Chapter 212 to define terms; establish requirements for residential swimming pool barriers, gates, and covers; establish exemptions of the residential swimming pool requirements; amend KRS 212.990 create penalties for violation of residential swimming pool requirement; provide that the Act may be cited as the Ava Grace Jenkins Law.

Amend KRS 156.070 to require KHSAA to promulgate administrative regulations or bylaws requiring schools to designate all interscholastic athletics based upon the biological sex of the students eligible to participate; prohibit male students from participating in girls' athletics; establish how to designate biological sex; prohibit designated agencies from entertaining complaints or investigations of policies; create a cause of action against a school that violates these provisions; create a new section of KRS Chapter 164 to require a public postsecondary education institution or private postsecondary education institution that is a member of a national intercollegiate athletic association to designate all intercollegiate and intramural athletics authorized by the institution based on biological sex of students eligible to participate; require that institutions prohibit male students from participating in womens' athletics; prohibit designated agencies from entertaining complaints or investigations of policies; create a cause of action against a postsecondary institution that violates these provisions; title the Act "Fairness in Womens' Sports Act."

Amend KRS 304.17A-164 to prohibit insurers, pharmacy benefit managers, and other administrators of pharmacy benefits from imposing certain requirements on health plan insureds; create new sections of Subtitle 17A of KRS Chapter 304 to establish definitions for pharmacy-related insurance practices; require pharmacy benefit managers to establish reasonably adequate and accessible pharmacy networks; require pharmacy benefit managers to file, and the insurance commissioner to review, an annual report describing pharmacy networks; provide that information and data acquired by the Department of Insurance shall be considered proprietary and not subject to disclosure under KRS 61.870 to 61.884; establish requirements for certain contracts between a pharmacy or pharmacist and a pharmacy benefit manager; establish prohibited practices for pharmacy benefit managers; establish certain requirements for insurers and pharmacy benefit managers contracting for the provision of pharmacy benefit management services; prohibit administrators from offering any incentive or discount for use of an affiliated pharmacy benefit manager; establish a Pharmacy Benefits Management Advisory Council; create a new section of Subtitle 99 of KRS Chapter 304 to authorize the insurance commissioner to order reimbursement to persons who incurred a monetary loss as a result of a violation of provisions of legislation; amend KRS 304.9-054 to make technical changes; authorize the promulgation of administrative regulations; require pharmacy benefit managers to report certain information to the insurance commissioner; provide that certain reported information shall not be subject to disclosure under KRS 61.870 to 61.884; amend KRS 304.17A-708, 304.17A-712, and 304.17A-714 to conform; create a new section of Subtitle 17C of KRS Chapter 304 to apply provisions of legislation to limited health service benefit plans, including limited health service contracts; create a new section of Subtitle 38A of KRS Chapter 304 to apply provisions of legislation to limited health service organizations; amend 18A.225 to require the state employee health plan to comply with provisions of legislation; amend KRS 367.828 to establish certain requirements for the health discount plans that purport to offer discounts, or access to discounts, on prescription drugs; provide for staggered appointments to the Pharmacy Benefits Management Advisory Council; provide that provisions of this Act shall be severable; require the insurance commissioner to promulgate regulations to implement the Act on or before January 1, 2023; EFFECTIVE, in part, January 1, 2023.

Create the Commonwealth West Healthcare Workforce Innovation Center to provide healthcare educational pathways to address the healthcare worker shortage; direct the center to be operated through a partnership of public and private organizations; direct the General Assembly to provide start-up funds to be administered through the Kentucky Community and Technical College System; direct KCTCS to provide reports to LRC; APPROPRIATION; EMERGENCY.

Establish new chapter KRS Chapter 118C and create new sections of chapter to establish a system of electing the offices of Commonwealth's attorney, circuit clerk, county attorney, county clerk, sheriff, jailer, and coroner under a nonpartisan system; amend KRS 118.215, 118.315, 118.225, 118.325, and 118.115 to conform; EFFECTIVE JANUARY 1, 2023.

Amend KRS 132.485 to require the average trade-in value and not the rough trade-in value or clean trade-in value be used as the standard value of a motor vehicle for property tax purposes; grant tax refunds for tax overpayments; require posting of the tax refund information; apply to motor vehicles assessed or after January 1, 2022; RETROACTIVE; EMERGENCY.

Amend KRS 525.135, relating to torture of a dog or cat, to add specific acts to definition of torture; make all violations a Class D felony; make each act of torture prosecutable as a separate offense; make the exemptions applicable only where there is no intent to cause, increase, or prolong the pain and suffering of the dog or cat.

Create new sections of KRS Chapter 138 to define terms; establish an excise tax on electric vehicle power dealers for power distributed to electric vehicles; set initial base of three cents per kilowatt hour; subject tax to annual adjustment; require annual notification to electric vehicle power dealers of the adjusted rate of the excise tax on electric vehicle power for each upcoming fiscal year and annual notification to county clerks of the adjusted rate of highway user fees for electric and hybrid vehicles; provide a mechanism for annual adjustment of the excise tax based on changes in the National Highway Construction Cost Index 2.0; allow the taxes to increase no more than ten percent or decrease no more than two percent from one year to the next, subject to the statutory minimums; create a new section of KRS Chapter 186 to establish base electric and hybrid vehicle road usage fees for electric and hybrid vehicles; require collection of the fees at the time of initial registration and upon renewal; require the fees to be adjusted in the same manner as for electric vehicle power excise taxes; require the fee be transferred to the road fund; amend KRS 186.010 to define "electric vehicle" and "hybrid vehicle"; amend KRS 186.050 to require payment of the highway user fees for electric vehicles and hybrid vehicles at the time of registration or renewal; provide that the Act may be cited as the EV Vehicle Road Usage Tax Act; EFFECTIVE January 1, 2023; APPROPRIATION.

Create a new section of KRS Chapter 65 to define "county"; grant any city or county the right to levy a restaurant tax not to exceed three percent of retail sales; require the revenue to be distributed between the tourist convention commission and taxing jurisdiction; specify uses; exempt restaurants subject to the restaurant tax from certain occupational license fees; mandate first-time tax rate levies and rate changes take effect at the beginning of a calendar month; amend 91A.400 to sunset the levy of a restaurant tax under this section; require distribution of at least 25 percent of revenues generated to the tourist and convention commission; specify uses; exempt restaurants subject to the tax from certain local occupational license fees; amend KRS 67.938, 91A.390, 91.200, 92.281, and 92.300 to conform; EFFECTIVE January 1, 2023.

Amend KRS 68.197 to remove the population requirement and the one percent occupational license fee rate limitation; allow the crediting of city and county occupational license fees by agreement only; amend KRS 67.793 to conform; repeal KRS 68.199.