Rep. Nima Kulkarni

Create new sections of KRS Chapter 211 to establish a program for harm reduction centers; amend possession of controlled substance statutes to reduce penalties; amend KRS 218A.275 to provide for referrals to treatment for persons charged with possession of controlled substances; amend KRS 218A.500 to decriminalize possession of items to test, store, or consume controlled substances; amend KRS 218A.992, 533.274, 431.078, 218A 275, and 218A.010 to conform; repeal KRS 218A.14151, 218A.1450, 218A.1451, 218A.1452, 27.099, and 218A.276; EFFECTIVE, in part, August 1, 2025.

Appropriate $95 million from the budget reserve trust fund in fiscal year 2023-2024 to fund one-time supplemental payments on July 1, 2024, to recipients of a retirement allowance from the Kentucky Employees Retirement System (KERS) and the State Police Retirement System (SPRS); specify that the one-time supplemental payment shall be equal to the monthly payment received by the recipient in the month of June 2024; APPROPRIATION; EMERGENCY.

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.

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 certified professional midwifery services that are provided by a licensed certified professional midwife; require the Cabinet for Health and Family Services to seek federal approval if such approval is deemed necessary.

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, 2025, 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, 51.552, 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, 2025, or whose participation is presumed under Section 1 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 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 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 as one of the provisions that shall be administered for the CERS in the same manner as for the KERS.

Propose to create a new section of the Constitution of Kentucky to guarantee the right of an individual 21 years of age or older to possess, use, buy, or sell one ounce or less of cannabis and to cultivate, harvest, and store up to five cannabis plants for personal use; and for the production, processing, and sale of cannabis and cannabis-derived products to be controlled by the General Assembly; specify the question to be printed on the ballot; direct the Secretary of State to publish the proposed amendment in a newspaper of general circulation; direct the Secretary of State to certify the proposed amendment to the county clerk of each county.

Create a new section of KRS Chapter 610 to define terms; prohibit a child from being interrogated using deceptive methods; create a new rule of evidence to limit the admissibility of statements made in the interrogation of a child in violation of statute.

Amend KRS 158.307 to require rather than allow local boards of education to develop policy on dyslexia; require rather than allow the policy to include listed items; amend KRS 164.304 to require postsecondary institutions offering teacher preparation programs to include instruction on dyslexia by the 2025-2026 school year, rather than the instruction being contingent on funding availability.

Create a new section of KRS Chapter 158 to require each public school that includes any of grades six through 12 to provide free menstrual discharge collection devices to students; require each local board of education to adopt policies for the distribution of free menstrual discharge collection devices; define "menstrual discharge collection devices"; amend KRS 139.010 to define "menstrual discharge collection devices"; amend KRS 139.480 to exempt from sales and use tax the sale or purchase of menstrual discharge collection devices; APPROPRIATION; EFFECTIVE August 1, 2024.

Amend KRS 335B.010 to define terms related to licensing and public employment qualifications; amend KRS 335B.020 to narrow the class of offenses to which the chapter applies, to add consideration of the age of the person at the time the crime was committed, the evidence relevant to the circumstances of the crime, and evidence of rehabilitation in making licensure decisions; create a new section of KRS Chapter 335B to prohibit disqualifying individuals from pursing a professional license solely due to conviction that has been sealed or expunged, convictions older than five years unless the conviction falls under an exception, or a finding that the applicant lacks good character; amend KRS 335B.030 to require a hiring or licensing authority that denies an individual a professional license due to a prior conviction of a crime to notify the individual in writing of the specific offense that is the basis of the denial, the reasons the offense was determined to directly relate to the duties and responsibilities of the occupation and posed a reasonable threat to public safety, and that the applicant has a right to submit additional information within 30 days which the licensing authority is required to consider; create new sections of KRS Chapter 335B to allow a person with a prior conviction of a crime to request an initial determination regarding whether a prior conviction of crime would disqualify the individual from licensure and require that this initial determination is binding on the hiring or licensing authority; require each hiring or licensing authority to publish information on its website pertaining to applicants with a prior conviction of a crime; require each hiring or licensing authority that is authorized to consider the criminal conviction of an applicant to provide an annual report to the Legislative Research Commission; amend various sections of KRS Chapters 309, 317A, and 327 to conform; EFFECTIVE January 1, 2025.