Sen. Karen Berg

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; 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 311 to state that there shall be no criminal liability against a provider engaged in assisted reproduction who meets the professional standard of care.

Amend KRS 304.17A-600 to define "health care provider" and "health care service"; make conforming amendments; create new sections of KRS 304.17A-600 to 304.17A-633 to establish eligibility criteria and requirements for prior authorization exemptions; establish requirements for rescinding prior authorization exemptions; set forth requirements for external reviews of prior authorization exemption denials and rescissions; establish requirements for sending forms and notices to health care providers; provide that nothing shall be construed to authorize a health care provider to act outside the provider's scope of practice or require an insurer or private review agent to pay for a health care service performed in violation of law; require the commissioner of the Department of Insurance to establish forms; amend KRS 304.17A-605 to establish applicability of provisions relating to prior authorization exemptions to certain insurers and private review agents; amend KRS 304.17A-607 to establish requirements for prior authorizations; amend KRS 304.17A-611 to prohibit the retrospective denial, reduction in payment, and review of health care services for which a health care provider has a prior authorization exemption and establish exceptions; amend KRS 304.17A-621 to conform; amend KRS 304.17A-627 to prohibit conflicts of interest with independent review entities and reviewers of prior authorization exemption denials and rescissions; require independent review entities and reviewers of prior authorization exemption denials and rescissions to submit an annual report to the Department of Insurance; amend KRS 304.17A-633 to require the commissioner of the Department of Insurance to report on external reviews of prior authorization exemptions denials and rescissions; amend KRS 304.17A-706 to conform; amend KRS 205.536 to require managed care organizations contracted to provide Medicaid benefits to comply with the sections on prior authorization exemptions; apply the provisions to contracts delivered, entered, renewed, extended, or amended on or after the effective date of the Act; require the Cabinet for Health and Family Services to seek approval if it is determined that such approval is necessary; EFFECTIVE, in part, January 1, 2025.

Amend KRS 158.1415 to remove provisions related to parental rights and courses, curriculums, or programs on human sexuality; provide for a process for parents to opt out of their child receiving instruction on the subject of human sexuality; amend KRS 158.191 to remove language limiting Kentucky Board of Education or Department of Education policies regarding student confidential information and the use of pronouns; require a local school district to use pronouns for students upon a request from a parent along with a note from a medical provider diagnosing the child with gender dysphoria; remove language concerning parental consent for well-being questionnaires or assessments or a health screening; amend KRS 158.189 to make findings about children and young adults desiring individual privacy; require a school to provide an accommodation to any student who requests an area of individual privacy in restrooms, locker rooms, and shower rooms, regardless of biological sex or gender identity; require school officials to provide an accommodation for individual privacy for children whose gender is different from his or her biological sex and who have a note from a medical provider diagnosing the child with gender dysphoria; permit alternate accommodations upon the parent's request; amend KRS 311.372 to prohibit surgical or medical treatment of a child under the age of 18 years for gender dysphoria, and any nonsurgical medical treatment without the consent of the child's parent or legal guardian; require that the provision of nonsurgical medical treatment to a child under the age of 18 years apply only to a child with a medical diagnosis from a mental health care provider and by a trained and experienced health care provider in collaboration with a clinical psychologist or psychiatrist using only appropriate nonsurgical medical treatments approved by the United States Food and Drug Administration for adolescents and that meet evidence-based medical standards.

Urge the Kentucky congressional delegation to support passage of the National Security Supplemental Appropriations Act to provide funding to support the defense of Ukraine, Israel, and Taiwan.

Create a new section of KRS Chapter 15 to require law enforcement agencies to transmit information to national law enforcement databases about firearms collected during criminal investigations.

Amend KRS 278.5462 to require broadband service providers to give their retail customers notification of planned or unplanned outages; require the broadband service provider notice to include an estimate of when service will be restored; prohibit notification being predicated on enrollment by the customer; require the notification provision be in all customer contracts and franchise agreements with local governments; place jurisdiction for resolving customer complaints regarding notifications with the Kentucky Public Service Commission.

Establish new sections of KRS Chapter 337 to create a prevailing wage law for all public works projects; amend KRS 12.020, 99.480, 227.487, 151B.015, 337.010, and 337.990 to conform.

Amend KRS 336.130 to delete references restricting rights of public employees to organize, associate collectively, or strike; amend KRS 336.180 to redefine "labor organization" and delete definitions of "candidate," "committee," "contributing organization," "contribution," "election," "electioneering communications," "employer," "fundraiser," "independent expenditure," "political activities," "public employee," "slate of candidates," and "testimonial affair"; amend KRS 336.990 to conform; amend KRS 67A.6904 to allow urban-county governments to make an agreement with a labor organization to require membership in the organization as a condition of employment; amend KRS 67C.406 to allow consolidated local governments to make an agreement with a labor organization to require membership in the organization as a condition of employment; amend KRS 70.262, 78.470, and 78.480 to remove exceptions; amend KRS 345.050 to allow public employers to make an agreement with a labor organization to require membership in the organization as a condition of employment; amend KRS 336.1341 and 336.135 to conform; repeal KRS 65.016, 336.132, and 336.134.

Amend KRS 16.220 to permit the destruction of confiscated firearms; require destruction if the firearm was used in the commission of a violent offense; amend KRS 500.090 and 500.093 to conform.