Rep. John Hodgson

Amend KRS 18A.230 to define "self-directed brokerage account" (SDBA); amend KRS 18A.235 to authorize the board of trustees of the Kentucky Public Employees Deferred Compensation Authority (KY Deferred Comp) to purchase fiduciary liability insurance and reimburse its trustees, officers, and employees for legal expenses relating to performance of their duties; amend KRS 18A.245 to authorize KY Deferred Comp to offer SDBAs to its participants, contract with SDBA vendors, and promulgate administrative regulations relating to SDBAs for its participants; require the plans offered by KY Deferred Comp to conform to federal laws and regulations; authorize KY Deferred Comp to promulgate administrative regulations; make technical changes; amend KRS 18A.255 to provide that KY Deferred Comp and its board of trustees are not liable for a participant's investment in a SDBA; codify the fiduciary duties of the board of trustees; exempt the trustees from legal action for monetary damages unless the person bringing the action proves by clear and convincing evidence that a trustee's breach or failure to perform the trustee's fiduciary duty is a willful, wanton, or reckless act; amend KRS 18A.260 to require assets held by KY Deferred Comp to be invested consistent with its statutory authority and to limit investments in a SDBA to securities registered with the United States Securities and Exchange Commission.

Amend KRS 446.350 to define "government" and "substantially burden"; outline relief that may be sought if statute is violated; apply to laws adopted before or after enaction of this statute; include severability clause; waive sovereign, governmental, and qualified immunity.

Create a new section of KRS Chapter 216 to prohibit a health care provider from performing a pelvic, rectal, or prostate examination without the informed consent of the patient or the person authorized to make health care decisions for the patient; provide for certain exceptions including a court order; require violators to be subject to discipline by the appropriate professional licensing board or accrediting agency.

Direct the Legislative Research Commission to establish the Kentucky Housing Task Force to study, review, and provide policy recommendations on how to address the housing shortage in the Commonwealth; require the task force to meet at least monthly during the 2024 Interim; outline task force membership; require the task force to submit its findings and recommendations to the Legislative Research Commission by December 1, 2024.

Amend KRS 158.191 to ensure parental rights and involvement by requiring notification within two business days of specific events; require a district to adopt procedures that both encourage students to speak with parents and require facilitation of the discussion with parents; forbid a district or school from adopting policies that keep any student information confidential from parents or refuse information requested by a parent with specific exceptions; forbid a district from requiring school personnel or students to use nonconforming pronouns for any individual instead of just students, establish the type of mental health services that the section does not prohibit a district from seeking for students; amend KRS 158.1415 to prohibit a child in any grade level from receiving instruction on a specific topic a parent has provided written notice to the school asserting an objection due to religious or moral beliefs; create a new section of KRS Chapter 158 to establish a cause of action for violations; create a new section of KRS Chapter 158 to prohibit a disciplinary action or adverse employment action for an employee informing a parent of specific information about a student or declining to use a pronoun or title inconsistent with the individual's biological sex; amend KRS 158.193 to establish that a school employee may participate in voluntary, student-initiated, student-led prayer when invited to do so; EMERGENCY.

Amend KRS 158.110 to require local school boards to adopt a transportation services policy; amend KRS 158.148, relating to school district discipline guidelines, to require the Kentucky Department of Education to create a model transportation services policy; detail required provision of local board transportation services policies; create process for operators of transportation to report, be heard during proceedings, and receive a response regarding misconduct by students aboard transportation and also by parents or guardians; permit revocation of transportation privileges based on failure to acknowledge transportation services policy; amend KRS 158.445 to require inclusion of the transportation services policy in district safety plans.

Amend KRS 216B.020 to add various health facilities and services to the list of health facilities and services that are exempt from certificate of need requirements; amend KRS 216B.065 to exempt various health facilities and services from acquisition of facilities or major medical equipment notification and certificate of need requirements; amend KRS 216.380 to conform.

Create a new section of Subtitle17A of KRS Chapter 304 to require insurers and any exchange to provide a special enrollment period for pregnant individuals; specify requirements for coverage; require group plan insurers to provide notice of special enrollment rights; amend KRS 304.17A-145 to require health benefit plans that provide coverage for dependents to provide coverage for maternity care; amend KRS 304.17A-220 and 194A.099 to conform with the special enrollment requirement; amend KRS 18A.225 and 164.2871 to require the state employee health plan and self-insured state postsecondary education institution group health plans to comply with the special enrollment and maternity coverage requirements; create a new section of KRS Chapter 194A to define terms and provide for the payment of coverage premiums to eligible individuals; amend KRS 205.522 to require Medicaid coverage for maternity services; amend KRS 205.592 to allow the Medicaid income limit for certain women and children to be increased under certain circumstances; amend KRS 205.6485 to require Kentucky Children's Health Insurance Program to provide maternity coverage; amend KRS 164.2847 to provide for a waiver of tuition and mandatory fees for a child conceived and born as a result of sexual assault; amend KRS 164.2849 to declare the interests of the Commonwealth in protecting the unborn and supporting a child conceived and born as a result of sexual assault within established parameters; amend KRS 199.011 to define a child conceived and delivered as a result of sexual assault; amend KRS 199.473 to waive certain fees related to adoption proceedings; amend KRS 199.502 to include a conviction for specified criminal acts for an adoption without consent of the biological living parents; create a new section of KRS Chapter 199 to establish entitlement to nonrecurring adoption expenses under specified circumstances; amend KRS 199.894 to define terms; create a new section of KRS 199.892 to 199.8996 to establish the Child Care Assistance Program and establish eligibility requirements; create a new section of KRS Chapter 211 to direct the Cabinet to provide informational material on benefits available to a victim of sexual assault and a child conceived as a result of the sexual assault; amend KRS 216B.400 to establish requirements for receipt of specified benefits related to sexual assault that results in pregnancy; create a new section of KRS Chapter 49 to establish benefits available to a child born as a result of sexual assault; amend KRS 49.310 to conform; amend KRS 625.090 to add a conviction or guilty plea to any degree of rape, sexual abuse, or sexual misconduct as a basis to terminate parental rights; require the Cabinet for Health and Family Services to apply for a Medicaid waiver if potential cost defrayment or loss of federal funds is identified; provide that the Act may be cited as the Love Them Both Act; EFFECTIVE, in part, January 1, 2025.

Amend KRS 109.115 to allow a director on a waste management district board to serve until his or her successor is appointed, not to exceed 60 days after the expiration of his or her term; require that the board director's position be vacated after the 60 day period; provide that the requirements of the Act apply to current directors on waste management district boards; RETROACTIVE.

Create a new section of KRS Chapter 431 to establish an automatic expungement process for specific eligible misdemeanor and felony convictions; allow the Commonwealth's and county attorney to object and halt the automatic expungement of certain offenses; amend KRS 431.074 to require the Administrative Office of the Courts to establish a searchable portal to allow a person to determine if his or her conviction has been expunged; amend KRS 27A.300 to provide that the centralized criminal history record information system administered pursuant to KRS 27A.310 to 27A.440 is the official record of criminal proceedings; create new section of KRS Chapter 411 to create a cause of action against criminal history providers who do not comply with an expungement order; provide that the Act may be cited as the Clean State Act.