Rep. James Tipton

Create new sections of KRS Chapter 436 to declare legislative findings relating to pornography; define terms; establish a civil cause of action against any commercial entity that publishes matter harmful to minors on the internet without obtaining age verification; require removal of personal data following review for access; establish civil causes of action for violations; establish limitations on applicability and liability.

Amend KRS 520.095 to enhance fleeing or evading police in the first degree to a Class C felony; provide that the defendant shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least 50 percent of the sentence imposed; amend KRS 520.100 to enhance fleeing or evading police in the second degree to a Class D felony; provide that the defendant shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least 50 percent of the sentence imposed.

Create a new section of KRS Chapter 532 to abolish the death penalty and replace it with life imprisonment without parole for inmates presently sentenced to death; amend KRS 532.030, relating to authorized dispositions for felony offenses, to remove the death penalty; amend KRS 533.010, relating to probation, to prohibit probation for a person sentenced to life without parole or life without parole for 25 years; amend KRS 640.010 to define terms; amend KRS 640.040, relating to penalties for juveniles convicted of felony offenses, to prohibit life imprisonment without benefit of parole for a capital offense; amend KRS 422.285, 532.050, and 532.100 to conform; repeal KRS 431.213, 431.2135, 431.218, 431.220, 431.223, 431.224, 431.240, 431.250, 431.260, 431.270, 507A.060, 532.025, 532.075, 532.130, 532.135, 532.140, 532.300, 532.305, and 532.309.

Create a new section of KRS Chapter 161 to implement the Interstate Teacher Mobility Compact; create a new section of KRS Chapter 160 requiring exit surveys from school personnel leaving employment; require the Kentucky Department of Education to develop a system for reporting exit survey data; create a new section of KRS Chapter 164 to direct the Council on Postsecondary Education to develop a marketing program to promote the teaching profession; require CPE to provide a report on the status of the program to the Interim Joint Committee on Education by November 1, 2024; establish a trust fund for the marketing program; create a new section of KRS Chapter 160 to direct the Kentucky Department of Education to create an online statewide job posting system for school job openings, if funds are available; amend KRS 160.380 to conform; amend KRS 164.769 to revise requirements for the Teacher Scholarship program; require the Kentucky Higher Education Assistance Authority to submit an annual program report to the Interim Joint Committee on Education; amend KRS 161.048 to require the Education Professional Standards Board to establish a process for candidates to obtain an eligible for hire letter; direct the Kentucky Department of Education to expand the GoTeachKY ambassador program to all school districts, as funds are available; require the Kentucky Department of Education to review the alternative pathway teacher certification options and processes to identify areas for improvement; require KDE to present its findings to the Interim Joint Committee on Education by October 1, 2023; APPROPRIATION.

Create a new section of KRS Chapter 36 to establish the Kentucky Guard Youth Challenge Program; outline the purpose of the program; authorize the program to establish high schools to serve the program's students; align program with the federal National Guard Youth Challenge Program; establish the governance of the program; establish guidelines for the operation of the program; establish guidelines for the operation of the high schools operated by the program; authorize the adjutant general or designee to adopt policies for the operation of the program's schools; establish an advisory council for the program; require the adjutant general or designee to enter into a memorandum of agreement to provide for the operation of the program's schools; amend KRS 164.7874 to allow program school students to participate in KEES scholarship program; and amend KRS 164.7885 to conform.

Amend various sections of KRS Chapters 16, 61, and 78 to make housekeeping changes relating the Kentucky Public Pensions Authority's (KPPA) administration of the systems governed by the Kentucky Retirement Systems (KRS) and the County Employees Retirement System (CERS) boards of trustees; amend KRS 16.505, 61.510, and 78.510 to make various changes and additions to definitions; amend KRS 61.525 and 78.540 to remove outdated language and comply with federal law regarding membership; repeal, reenact, and amend KRS 16.652, 61.546, and 61.692 in response to the Supreme Court decision voiding 2018 RS SB 151 and make technical changes; amend KRS 61.552 to require Tier 3 members to remit employee contributions before receiving military service credit; change references to participation date to "membership date" to conform to 2021 amendments; amend KRS 61.569 to set forth process for repayment of employee contributions after a member's employment is reinstated by order of a court or tribunal; amend KRS 61.590 to define "employment" as used in provisions requiring notice of retirement; amend KRS 61.615 to permit KPPA to employ vocational experts to review and evaluate employment information in disability review cases and remove review of physical exertion requirement when disability is due solely to a mental illness; make technical changes; amend KRS 61.625 regarding procedures for members who receive a refund in error or who have taken a refund and subsequently have their reemployment reinstated; amend KRS 61.637 and 78.5540 to conform with respect to the process for repayment of employee contributions after a member's employment is reinstated by order of a court or tribunal and the requirements of a three month break in service for retired members returning to work with the same employer as an independent contractor or leased employee; amend KRS 61.645 and 78.782 to permit voting by telephone in trustee elections; change name of annual report to Annual Comprehensive Financial Report (ACFR) to conform to national standard naming convention; make technical corrections; amend KRS 61.650 to make a housekeeping change; amend KRS 61.665 to change the process for the review of disability applications to permit only one medical examiner to review initial applications; provide that if a member is approved for disability, no additional reviews are required, and if not approved, a process using up to two more examiners shall be employed; amend KRS 61.705 and 78.5538 to provide that the death benefit of $5,000 is payable to a beneficiary of member, not the member, and is not subject to garnishment unless the beneficiary is the member's estate or there is an overpayment of benefits or outstanding balance owed to the system; amend KRS 61.652, 61.505, 61.685, 61.702, 78.530, 78.5536, and 78.852 to conform and make technical changes.

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 161 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; 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 all public school personnel to have 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; amend KRS 156.160 to direct the Kentucky Board of Education to include employment standards in the voluntary certification standards for private schools; amend KRS 160.151 to define "certified nonpublic school"; require employees of certified nonpublic schools to have 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 nonpublic certified 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; amend KRS 161.151 to conform.

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 15.243 to require the Attorney General to select six counties at random and six counties with the highest rate of irregularities for his or her independent inquiry; require the Attorney General to promulgate administrative regulations to establish a uniform procedure for independent inquiries; amend KRS 117.066 to require that petitions for the consolidation of precincts include parking accommodations for the proposed voting location; amend KRS 117.235 to prohibit electioneering during any of the days that in-person absentee voting is conducted or during training for election officers; amend KRS 117.265 to prohibit any candidate who was defeated in a primary from running for the same office during the regular election; amend KRS 117.995 to prescribe criminal penalties for people who have previously been convicted of a felony who then attempt to register to vote; amend KRS 118.105 to remove withdrawal, disqualification, or severe disabling condition as reasons to fill a vacancy in nomination of candidacy; amend KRS 118.125 to conform; EMERGENCY.