Create new sections of KRS Chapter 164 to establish the Kentucky Cybersecurity (KentuckyCYBER) Program and governing board within the Council on Postsecondary Education; establish the purpose and duties of KentuckyCYBER Governing Board; create the KentuckyCYBER fund, APPROPRIATION.
Amend KRS 158.162 to direct local boards of education to require schools to maintain a portable automated external defibrillator in every middle and high school building and at school-sponsored events; require local boards to adopt policies and procedures for portable automated external defibrillators and ensure training requirements are met; amend KRS 158.302 to conform; amend KRS 160.445 to require all interscholastic coaches to be trained in CPR and use of portable automated external defibrillators; require all schools that participate in interscholastic athletics to maintain a portable automated external defibrillator at every practice or competition and meet training requirements; require venue-specific emergency plans to identify the location of a portable automated external defibrillator and the procedures for use; require schools that participate in interscholastic athletics to annually certify compliance with portable automated external defibrillator requirements and venue-specific emergency plan requirements.
Amend KRS 278.702 to provide that the terms of service for the ad hoc members of the Kentucky State Board on Electric Generation and Transmission Siting end when the merchant electric generating facility for which they were appointed has been constructed and has begun generating electricity for sale or its construction certificate expires; amend KRS 278.704 to lengthen the period of time that a construction certificate for a merchant electric generating facility is valid from 2 years to 3 years; include decommissioning requirements within the requirements over which local planning and zoning requirements shall have primacy; remove outdated language; amend KRS 278.706 to require that a decommissioning plan be included in an application for construction of a merchant electric generating facility; establish minimum requirements for a decommissioning plan; require as part of a decommission plan that a bond or similar security be secured to assure that the decommissioning plan is accomplished; establish requirements for how the bond is set and how the beneficiaries of the bond are to be determined; require that certain components of the decommissioning plan be incorporated into the construction certificate applicant's leases with landowners; amend KRS 278.708 to reference the transfer of the enforcement authority for mitigation measures that are conditions of application approval from the board to the Energy and Environment Cabinet; amend KRS 278.710 to include whether the decommissioning plan is complete and complies with the requirements of the Act in the criteria for approval of a construction certificate for a merchant electric generating facility; require a person that has received a construction certificate for a merchant electric generating facility file with the Energy and Environment Cabinet the copy of the bond or similar security no later than the date that construction commences for the facility; require that an updated copy of the bond or similar security be refiled at least once every 5 years thereafter; require notice to be filed with the Energy and Environment Cabinet when the construction of the merchant electric generating facility is complete and has begun producing electricity for sale; require that notice be given of any transaction involving the sale or transfer of ownership of the facility to the Energy and Environment Cabinet and local officials within 10 days of finalizing the transaction; require a person who has acquired a merchant electric generating facility to file with the Energy and Environment Cabinet written consent to assume the obligations in the decommissioning plan for the facility and to adopt or replace the required decommissioning bond; provide that the transferor of control of a merchant electric generating facility remain liable for its decommissioning obligations until the transferee completes the documentation required by the Act and the secretary of the Energy and Environment cabinet accepts it as complete; provide that application approval conditions that require approval of transfer of control shall be void and unenforceable, subject to the requirements of the section; provide that after the application for a construction certificate for a merchant electric generating facility has been approved, the bond required by the Act has been posted, the facility has been constructed, and it has begun generating electricity for sale, the secretary of the Energy and Environment Cabinet shall ensure the facility's ongoing compliance with the requirements of KRS 278.700 to 278.716 and the conditions of its construction certificate approval, including updating its decommissioning plan and bond amounts at least once every 5 years; transfer the enforcement authority for mitigation measures that are conditions of application approval from the board to the Energy and Environment Cabinet once the facility is constructed and begins generating electricity for sale; require that while the electric merchant generating facility is operational, if solar panels are removed and discarded, the discarded solar panels be removed from the site within 90 days of the completion of the work; amend KRS 278.718 to provide that an ordinance, permit, or license issued by a local government shall have primacy over the requirements of KRS 278.700 and Sections 2, 3, and 4 of this Act; amend KRS 224.10-100 to authorize the Energy and Environment Cabinet to monitor and enforce compliance of merchant electric generating entities with the requirements of the Act; authorize the Energy and Environment Cabinet to draw upon a decommissioning bond or other similar security for which it is named a beneficiary to complete an approved decommissioning plan; amend KRS 224.99-010 to give jurisdiction to the Circuit Court in any county where a merchant electric generating facility is located for actions arising from or related to certain provisions of the Act; allow for a civil penalty not to exceed $2,500 per day to be imposed for violation of the bonding and bond transfer requirements in the Act; allow for the suspension of a merchant electric generating facility's operations for failing to pay civil penalties or complying with the bonding transfer requirements of the Act; allow for the decommissioning of the facility if it is still noncompliant after 90 days of suspension of its operation; create a new section of Subchapter 10 of KRS Chapter 224 to require that if a merchant electric facility fails to complete its decommissioning plan within 18 months of ceasing to produce electricity for sale, then the cabinet shall draw upon the decommissioning bond and implement the decommissioning plan; require the Energy and Environment Cabinet within 90 days of the effective date of the Act to promulgate administrative regulations to establish the monitoring and enforcement of the bonding and bond transfer requirements of the Act; allow the Energy and Environment Cabinet to establish a fee structure to cover the costs of its enforcement responsibilities; establish the merchant electric generating facility monitoring and enforcement fund to receive the fees and penalties collected by the Energy and Environment Cabinet pursuant to their monitoring and enforcement responsibilities under the Act; require that the funds collected only be used to defray the Energy and Environment Cabinet's costs related to their monitoring and enforcement responsibilities under the Act; require that all expenses for the determination of the bond amount and for the procurement of decommissioning services by the Energy and Environment be paid by the owner of the merchant electric generating facility; APPROPRIATION.
Create a new section of KRS Chapter 15 to define terms; provide protections from in-person access to private open land by law enforcement; require law enforcement to utilize body-worn cameras and audio devices while on private open land; provide exceptions.
Create a new section of KRS Chapter 158 to prohibit a school district from punishing an employee for engaging in private religious expression otherwise protected by the First Amendment absent a showing of engaging in actual coercion; provide specific examples of protected activity; establish limits of applicability.
Amend KRS 158.150 to require a local board of education to expel a student for at least 12 months if the student makes threats that pose a danger to other students or staff; require a local board of education to adopt a policy requiring disciplinary actions for a student who assaults other students or staff off campus property; allow a local school board to place a student in an alternative education setting in lieu of expulsion, or at the end of an expulsion; allow a teacher to remove a disruptive student from the classroom; provide that a student who is removed from a classroom three times in 30 days shall be considered chronically disruptive and may be suspended; provide that a principal may permanently remove a disruptive student from a classroom and determine the placement of the student, subject to an appeal process; require a local board of education to conduct an expulsion review process to determine whether a student's expulsion shall continue or end.
Amend KRS 205.6405, relating to hospital rate improvement programs, to redefine "managed care gap" and "qualifying hospital"; amend KRS 205.6406, relating to hospital rate improvement programs, to add inpatient services and include add-on amounts to the calculation of payments; modify the formula for the calculation of payments; provide that certain payments made under the programs do not count against any spending or appropriation limits; permit the Department for Medicaid Services to create a program to increase outpatient reimbursement within the Medicaid fee-for-service program; direct the Cabinet for Health and Family Services to request any necessary state plan amendment, waiver, or other authorization from a federal agency; RETROACTIVE; EMERGENCY.
Amend KRS 189.930, to expand the requirement to move over or slow down when approaching an emergency or public safety vehicle to include any disabled vehicle displaying a warning signal.
Create a new section of KRS Chapter 247 to prohibit a nonresident alien, foreign business, agent, trustee, or fiduciary associated with the government of any prohibited country as referenced in 22 C.F.R. sec. 126.1 from the purchase, lease, or acquisition of agricultural lands in Kentucky or participation in programs administered by the Department of Agriculture, Agricultural Development Board, and Kentucky Agricultural Finance Corporation.
Create new sections of KRS Chapter 311 to define terms; state that the provision of gender transition services to a person under the age of 18 years by a health care provider or mental health care provider is unethical and unprofessional conduct; require an investigation of any report of provision of gender transition services to a person under the age of 18 years; require revocation of the provider's license if confirmed and termination of public funding for a public employee; require that providers be jointly and severally liable for all damages and costs sustained for providing gender transition services or aiding and assisting a person under the age of 18 years to consider or to obtain gender transition services; provide defense to providers refusing to provide services; make failure to report provision of gender transition services a crime; permit an action on a violation to be taken by the parent or guardian of a person before the person attains the age of 18 years and by the person within 30 years of the person attaining the age of 18 years, with exceptions under which the time may be longer; require conditions for actions and damages; prohibit use of public funds for gender transition services; prohibit a provider employed by a public agency to provide include gender transition procedures; permit the Attorney General to bring action to enforce provisions; permit intervention as a matter of right if these provisions are challenged; prohibit a public provider from intervening in a legal proceeding in defense of the provision of gender transition services; create a new section of KRS Chapter 205 to prohibit Medicaid coverage of gender transition procedures for a person under age 18 years; create a new section of Subtitle12 of KRS Chapter 304 to establish liability provisions if an insurer elects to cover gender transition services; amend KRS 18A.225 to prohibit a fully insured benefit plan or self-insured plan for public employees from covering gender transition services for a person under the age of 18 years; amend KRS 454.210 to add to court permission to exercise personal jurisdiction over a person who acts directly or by an agent, as to a claim arising from the person's engaging in the provision of gender transition services to a person under the age of 18 years; create a new section of KRS Chapter 158 to prohibit a public school counselor, school-based mental health services provider, or other public employee from aiding or assisting in the provision of gender transition services for a person under the age of 18 years; establish liability provisions; require school notification of parents of child's expression of sex or gender inconsistency with exceptions; amend KRS 141.039 to require that corporate income relating to the provision of gender transition services to a person under age 18 years be added to net income; amend KRS 213.121 to prohibit a registered certificate or report from being amended if the purpose is to assist with a social or physical gender transition; amend KRS 401.020 to prohibit a court to order a name change if the purpose is to assist with a social or physical gender transition; create a new section of KRS Chapter 600 to prohibit the Department of Juvenile Justice from classifying a detainee by a sex that is inconsistent with defined sex; allow the Act to be cited as the Do No Harm Act; EFFECTIVE January 1, 2024.
