Rep. Rachel Roarx

Create a new section of KRS Chapter 277 to require each railroad company to destroy or remove obstructive vegetation at intersections with public roads or highways; direct the Transportation Cabinet or local government to remove obstructive vegetation if the railroad company fails to do so after receiving written notice from the cabinet or local government; establish procedures for reimbursement by the railroad company for the vegetation removal.

Create a new section of KRS Chapter 336 to allow public employee collective bargaining organizations to represent only dues-paying members; allow nonmember employees to be represented by counsel of their choosing, subject to reasonable employer procedures; grant the labor organization the right to represent a nonmember employee in an action involving the interpretation or enforcement of a collective bargaining agreement; allow nonmember employees to enter into a written agreement with the labor organization for representation for a reasonable fee; apply to agreements entered into or renewed on or after the effective date of the Act.

Create new sections of KRS 383.200 to 383.285 to provide for expungement of records in eviction proceedings that are dismissed; prohibit minors from being named in an action for forcible detainer unless the minor is a leaseholder; provide for expungement of a minor's name from an order; amend KRS 383.250 to provide for sealing of records; amend KRS 367.310 to prohibit consumer reporting agencies from maintaining information in their files relating to dismissed eviction actions; provide that the expungement of dismissed eviction actions applies to actions initiated on or after the effective date of the Act.

Amend KRS 45A.035 to require the Finance and Administration Cabinet to promulgate administrative regulations to establish policies regarding timely payments, partial payments, reimbursement, and payment resolution process; create a new section of KRS Chapter 45A to require terms included in state government contracts to address timely payments, partial payment, a payment process for disbursement of funds, payment schedule, and a payment resolution process; establish timely payment policies to provide that all undisputed amounts shall be paid within 30 business days of receipt of the goods, services, invoice, or in accordance with the terms of the contract; provide interest penalties for undisputed amounts that are not timely paid ; require any invoices that are submitted by a contractor or vendor outside of the 10 calendar days correction period to be considered a new invoice for the purpose of calculation of the late payment fee pursuant to KRS 45.454; require the Finance and Administration Cabinet to promulgate administrative regulations to establish a payment resolution process; define "purchasing agency" and "undisputed amount"; require the Finance and Administration Cabinet to submit a report every 6 months to the Legislative Research Commission detailing late payment contract disputes.

Create new sections of KRS Chapter 197 to establish the Kentucky Community and Technical College System Prison Education Program within the Department of Corrections in partnership with the Kentucky Community and Technical College System (KCTCS) to provide inmates with job training; require KCTCS to construct a facility to house the program at Northpoint Training Center; establish convictions that preclude participation in the program; require the parties to enter into a memorandum of agreement establishing the responsibilities of each party; amend KRS 196.281 to establish entitlement to a certificate of employability upon successful completion of the program and require reporting by the department; amend KRS 335B.020 to establish that a person shall not be disqualified from public employment or obtaining an occupational license solely because of previous criminal conviction and obtaining a certificate of employment from the department shall constitute rebuttable evidence of rehabilitation and fitness for the occupation; amend KRS 355B.030 to remove a conviction of a Class A felony, Class B felony, or any other felony offense other than a conviction that would qualify the individual as a registrant as defined in KRS 17.500 as supportive of a rebuttable presumption of a connection between that conviction and a license issuance request.

Amend KRS 157.220 to require the Kentucky Department of Education to promulgate administrative regulations in accordance with the maximum class sizes and caseloads specified for exceptional children and youth; make technical corrections; amend KRS 157.200 to define "caseload" and "special classes"; amend KRS 157.230, 157.3175, and 159.990 to conform.

Amend KRS 78.5520 to redefine "hazardous position" to include code enforcement and zoning inspection personnel employed by a consolidated local government for the purposes of benefits of the County Employees Retirement System.

Amend KRS 116.025 to permit voters 16 and 17 years of age to vote in local school board elections upon local approval by a school board; create a new section of KRS Chapter 116 to require county clerks to administer the registration and voting of persons 16 and 17 years of age; allow voters who are 16 and 17 years of age to receive ballots limited to school board contests; require the State Board of Elections to promulgate administrative regulations to establish the procedure for persons 16 and 17 years of age to register and vote for school board elections.

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, 2027, 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 those eligible hazardous employees, create a presumption that service credit in a hazardous position earned after January 1, 2014, is service credit earned immediately prior to January 1, 2014; for eligible hazardous members transitioning to Tier 2, require that accumulated contributions in the hybrid cash balance plan remain in the member’s account, but any employer credit be transferred to the retirement allowance account; allow a member 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 within 30 days; establish exclusions; amend KRS 16.576, 16.577, 16.578, 16.582, 61.546, 61.552, 61.597, 61.615, 78.5512, 78.5514, 78.5524, 78.5528, and 78.616 to grant to members in a hazardous position who begin participating after January 1, 2027, or whose participation is presumed under Section 1 of this Act to begin immediately prior to January 1, 2014, the same benefits provided to members whose participation began immediately prior to January 1, 2014 (Tier 2 benefits), including death and disability benefits, benefit factors and service credit that includes service credit for unused sick leave, and eligibility for early retirement and service purchases; make technical corrections; 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 this 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 61.592 and 78.5520 to exempt only hazardous members who opt out of receiving Tier 2 benefits from eligibility for an employer payment to convert nonhazardous service to hazardous service; amend KRS 61.680 to require that a member who is eligible under Section 1 of this 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.

Create a new section of KRS 258.095 to 258.500 to require animal control officers to receive training on recognizing child abuse; provide that the Act may be cited as Kyan's Law.