Rep. John Hodgson

Create a new section of KRS 438.305 to 438.340 to require the Department of Alcoholic Beverage Control to establish a vapor retail license and require retailers to have a retail license to sell vapor products; amend KRS 438.310 to increase penalties for violations related to the sale of tobacco products, alternative nicotine products, or vapor products; amend KRS 438.311 to establish penalties for individuals under the age of 18 and individuals over the age of 18 but under 21 who purchase or attempt to purchase alternative nicotine products, tobacco products, or vapor products; amend KRS 438.313 to increase penalties for violations related to the distribution and retail of cigarettes, tobacco products, alternative nicotine products, or vapor products; amend KRS 438.345 to require local boards of education to include policies that penalize students for possessing alternative nicotine products, tobacco products, or vapor products on school grounds and list those penalties; amend KRS 438.350 to establish penalties for individuals under the age of 18 and individuals over the age of 18 but under 21 who are caught in possession of alternative nicotine products, tobacco products, or vapor products; amend KRS 600.020, 610.010, and 630.020 to include tobacco, alternative nicotine product, or vapor product violations as status offenses; amend KRS 138.195 to conform.

Create a new section of KRS Chapter 211 to define terms; require the Cabinet for Health and Family Services to establish a system to designate swimming pools into classifications; establish lifeguard requirements for Class A and Class B pools; require the cabinet to promulgate administrative regulations; EMERGENCY.

Amend KRS 213.141 to establish that a homeless individual as defined in KRS 198A.700 or a homeless individual under the age of 25 does not have to pay a fee to get a copy of his or her birth certificate.

Amend KRS 15A.190 to require the Justice and Public Safety Cabinet to include crimes involving childhood sexual assault or abuse in the JC-3 form; amend KRS 17.500 to include distribution of matter portraying a sexual performance by a minor in the definition of "sex crime"; amend KRS 413.249 to remove the statute of limitations for civil actions arising from childhood sexual assault or abuse; require every civil action arising from childhood sexual assault or abuse to be accompanied by a motion to seal the record; amend KRS 439.3401 to include possession or viewing of matter portraying a sexual performance by a minor and distribution of matter portraying a sexual performance by a minor in the definition of "violent offender"; amend KRS 510.060 to enhance the penalty to a Class C felony if the person is in a position of authority or position of special trust and the victim is under 12 years old; amend KRS 510.090 to enhance the penalty to a Class C felony if the person is in a position of authority or position of special trust and the victim is under 12 years old; amend KRS 510.155 to enhance the penalty of unlawful use of electronic means to induce a minor to a Class C felony; enhance the penalty to a Class B felony if the minor or perceived minor is under 12 years old, the offender is a person is in a position of authority or position of special trust, the offender is a registered sex offender, or a person travels into the Commonwealth for the purpose of procuring or promoting the use of a minor; amend KRS 529.100 to enhance the penalty for human trafficking to a Class B felony, unless the victim is a minor, in which case it is a Class A felony; amend KRS 529.110 to enhance the penalty for promoting human trafficking to a Class C felony unless the victim is a minor, in which case it is a Class B felony; amend KRS 531.010 to include computer-generated image, picture, or motion picture in the definition of "matter"; make technical corrections; amend KRS 531.300 to define "child sex doll" and "traffic"; create new sections of KRS 531.310 to 531.370 to prohibit the possession, trafficking, importing, and advancing of a child sex doll; amend KRS 531.340 to enhance the penalty for distribution of matter portraying a sexual performance by a minor to a Class C felony if the victim is under 18 years old and a Class B felony if the victim is under 12 years old; amend KRS 532.060 to require a person who has been convicted of a violation of KRS 529.100, 529.110, 531.320, 531.335, or 531.340 to serve five years of postincarceration supervision; amend KRS 532.200 to redefine "violent felony offense" as an offense that would classify a person as a violent offender under KRS 439.3401; make technical corrections.

Create a new section of KRS 75.100 to 75.260 to require a fire protection district, volunteer fire department district, or subdistrict when making a change to fire protection services involving communications, firefighting resources, or water supply that will likely downgrade fire service ratings to host a public hearing and provide notice of the hearing.

Amend KRS 2.091 to name and designate coal as the official rock of Kentucky; amend KRS 2.094 to name and designate chalcedony agate as the official mineral of Kentucky.

Amend KRS 156.153 to permit school districts to use district-owned, leased, or contracted passenger transportation vehicles to transport students to and from school and approved school activities under an alternative transportation plan approved by the Kentucky Department of Education; provide that vehicles shall be operated by an employee or contractor of local school district that is licensed to operate a motor vehicle within the Commonwealth; provide that the Kentucky Department of Education shall promulgate administrative regulations to establish minimum standards and specifications for an alternative transportation plan; amend KRS 160.380 to require the driver of any non-school bus passenger vehicle authorized to transport students to and from school pursuant to the alternative transportation plan submit to an annual national and state criminal background check and clear CA/N check; require certain traffic offenses or arrests to be reported to the superintendent; amend KRS 156.990 to provide that an individual who operates a school bus or non-school bus passenger vehicle to transport a student or students without a current valid license to operate that motor vehicle within the Commonwealth shall be guilty of a Class D felony; EMERGENCY.

Amend KRS 525.135 to define "serious physical injury or infirmity" and redefine "torture"; provide that torture of a dog or cat is a Class D felony in every instance and that each act may constitute a separate offense; provide what does not constitute torture of a dog or cat.

Amend KRS 40.315 to expand interment eligibility in Kentucky state veterans' cemeteries to include eligible National Guard and Reserve service members and their families.

Create a new section of KRS Chapter 160 to prohibit a public school district or public charter school from entering a nondisclosure agreement relating to misconduct involving a minor or student; amend KRS 160.380 to define "abusive conduct"; require school district applicants to disclose being the subject of any allegations or investigations in the previous 12 months and consent to a reference check; require school districts to conduct reference checks; require nonpublic and public school districts to disclose any allegations or investigations related to abusive conduct of applicants; revise indemnification language to grant immunity for disclosures made about school employee conduct; require school districts to request all related information from public and nonpublic schools and the Education Professional Standards Board and require the schools and EPSB to provide the records; require requests for information to be satisfied in 10 working days instead of 10 days; require all public school personnel to submit to a state criminal background check every five years; require all school district applicants to list all schools of previous and current employment on the application; require a school district to internally report and investigate to completion all allegations of abusive conduct; require all records relating to an allegation of abusive conduct to be retained in an employee's personnel file unless the allegation is proven false; amend KRS 156.160 to direct the Kentucky Board of Education to include employment standards in the voluntary certification standards for private schools; make technical corrections; amend KRS 160.151 to define "certified nonpublic school"; require employees of certified nonpublic schools to submit to a national and state criminal background check and a CA/N check; require certified nonpublic school personnel to have a state criminal background check every five years; prohibit a certified nonpublic school from hiring a violent or felony sex crime offender; require a certified nonpublic school to conduct reference checks on all applicants; prohibit a certified nonpublic school from entering into a nondisclosure agreement related to misconduct involving a minor or student; amend KRS 156.095 to require the Kentucky Department of Education to develop a training related to sexual misconduct for employees to undergo every five years; make technical corrections; amend KRS 161.151 to conform.