2022 Kentucky Regular Pre-Filed Legislation

December 10, 2021

OPPOSE THESE BILLS

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CategoryBill RequestTitleSummary of Original Version
National Guard – Pension Spiking40AN ACT relating to changes in pension payments due to overtime worked during a local emergency and declaring an emergency.Amend KRS 61.598 to exempt from the anti-pension spiking provisions any overtime directly attributable to a local government emergency in which the Governor calls in the Kentucky National Guard; make amendments retroactive to May 30, 2020; EMERGENCY.
LGBTQ – Civil Rights45AN ACT relating to civil rights.Amend KRS 344.010 to include definitions for “sexual orientation” and “gender identity”; amend KRS 344.020, relating to the purpose of the Kentucky’s civil rights chapter, to include a prohibition against discrimination because of sexual orientation and gender identity; amend KRS 344.025, 344.040, 344.050, 344.060, 344.070, and 344.080, relating to prohibited discrimination in various labor and employment practices, to include sexual orientation and gender identity; amend KRS 344.100 and 344.110 to conform; amend KRS 344.120 and 342.140, relating to prohibited discrimination in places of public accommodation and advertisements therefor, to include sexual orientation and gender identity; amend KRS 344.170, 344.180, 344.190, 344.300, and 344.310, relating to the state and local human rights commissions, to include prohibition of discrimination on the basis of sexual orientation and gender identity in the scope of their powers and duties; amend KRS 344.360, 344.370, 344.380, and 344.680, relating to prohibited discrimination in certain housing, real estate, and other financial transactions, to include sexual orientation and gender identity; amend KRS 344.367, relating to prohibited discrimination in certain insurance sales, to include sexual orientation and gender identity; amend KRS 344.400, relating to prohibited discrimination in certain credit transactions, to include sexual orientation and gender identity; make various technical amendments; amend KRS 18A.095 to conform.
LGBTQ – Mental Health49AN ACT relating to youth mental health protection and declaring an emergency.Create a new section of KRS Chapter 210 define sexual orientation and gender identity change efforts, mental health professional, and public funds; to prohibit mental health professionals from engaging in sexual orientation and gender identity change efforts with a person under 18 years of age or a person who is 18 years or older who is an adult as defined in KRS 209.020 or a ward as defined in KRS 387.510; require violations to be subject to board discipline; prohibit public funds from being used for sexual orientation and gender identity change efforts; create a new section of KRS Chapter 211 to require the Department for Public Health to develop, produce, and disseminate educational materials regarding sexual orientation and gender identity change efforts; permit the cabinet to contract for the educational materials; add the short title “Youth Mental Health Protection Act”; EMERGENCY.
Pharmacy – Insulin Regulation53AN ACT relating to the establishment of emergency insulin programs and declaring an emergency.Create various new sections of KRS Chapter 211 to define terms; establish the Urgent-Need Insulin Program and the Continuing Access to Insulin Program; establish eligibility guidelines; establish the application process; establish the process by which insulin is dispensed to eligible individuals; establish the responsibilities of insulin manufacturers; establish the responsibilities of the Kentucky Board of Pharmacy for administering the program; require manufacturers to annually report certain information to the board; require the board to report certain information to the General Assembly upon request; establish penalties; EMERGENCY.
Living Wage – Business Regulation91AN ACT relating to wages.Amend KRS 337.010 to increase the applicable threshold of employees of retail stores and service industries from $95,000 to $500,000 average annual gross volume of sales for the employer and to define” small employer” and “large employer”; amend KRS 337.275 to incrementally raise minimum wage for small and large employers to $12.00 an hour and $15.00 an hour respectively; include anti-preemption language permitting local governments to establish minimum wage ordinances in excess of the state minimum wage.
Use Traffic Cameras for Fines92AN ACT relating to traffic control signal monitoring systems and making an appropriation therefor.Create new sections of KRS Chapter 189 to define the terms “agency,” “owner,” “recorded images,” and “traffic control signal monitoring system”; establish a civil penalty of $50 if a motor vehicle is recorded failing to obey the instructions of a traffic control device; set forth forms and procedures; outline defenses for citations for failing to obey a traffic control device; mandate that a person who refuses to pay the civil penalty and does not appear to contest the citation shall have the vehicle’s registration suspended and to mandate that civil penalties shall not result in points against the violator’s driving record; amend KRS 189.231 and KRS 189.990 to conform; APPROPRIATION.
Secondary Education – Regulate Student Loan Servicers96AN ACT relating to student loan servicers.Establish Subtitle 12 of KRS Chapter 286 and create sections thereof to define terms; establish licensing requirements for certain student loan servicers; establish requirements for student loan servicing activities; require student loan servicers to comply with applicable state and federal law; establish fines for violations of the subtitle; establish a private right of action for violations of the subtitle; permit the commissioner of the Department of Financial Institutions to monitor risk to consumers relating to servicing student loans; require the commissioner to designate a student loan ombudsman; set forth requirements for student loan ombudsman; amend KRS 452.005 to conform; state that provisions of this Act shall be severable.
LGBTQ – Civil Rights97AN ACT relating to civil rights.Amend KRS 344.010 to include definitions for “sexual orientation” and “gender identity”; amend KRS 344.020, relating to the purpose of the Kentucky’s civil rights chapter, to prohibit discrimination on the basis of sexual orientation or gender identity; amend KRS 344.025, 344.040, 344.050, 344.060, 344.070, and 344.080, relating to prohibited discrimination in various labor and employment practices to include discrimination on the basis of sexual orientation or gender identity; amend KRS 344.100 and 344.110 to conform; amend KRS 344.120 and 342.140, relating to prohibited discrimination in places of public accommodation and advertisements therefor, to include discrimination on the basis of sexual orientation or gender identity; amend KRS 344.170, 344.180, 344.190, 344.300, and 344.310, relating to the state and local human rights commissions, to include prohibition of discrimination on the basis of sexual orientation or gender identity in the scope of their powers and duties; amend KRS 344.360, 344.370, 344.380, and 344.680, relating to prohibited discrimination in certain housing, real estate, and other financial transactions, to include discrimination on the basis of sexual orientation or gender identity; amend KRS 344.367, relating to prohibited discrimination in certain insurance sales, to include discrimination on the basis of sexual orientation or gender identity; amend KRS 344.400, relating to prohibited discrimination in certain credit transactions, to include discrimination on the basis of sexual orientation or gender identity; make various technical amendments; amend KRS 18A.095 to conform.
Women Veterans Appreciation Day98AN ACT relating to Women Veterans’ Appreciation Day.Create a new section of KRS Chapter 2 to designate June 12 as Women Veterans’ Appreciation Day in the Commonwealth.
LGBTQ – Veterans Medical Services102AN ACT relating to state benefits for veterans.Amend KRS 12.245, 12.354, 14A.1-070, 16.040, 40.010, 40.310, 40.650, 42.0146, 148.0211, 158.105, 158.140, 161.048, 164.512, 164.515, 186.041, and 186.416 to make certain LGBTQ and qualifying veterans eligible for state veterans’ benefits.
LGBTQ – Education119AN ACT relating to health education.Repeal and reenact KRS 158.1415 to require each school district to provide healthy relationship education instruction to all public school students; establish minimum requirements for the instruction; establish minimum requirements for the healthy relationship curricula and instructional materials; prohibit a school or school district from restricting the ability of an instructor to answer a question related to the instruction; require that a school make the healthy relationship curricula and instructional materials available upon the request of a parent or guardian and establish a procedure for a parent or guardian to opt a student out of the instruction; require the Kentucky Board of Education to promulgate administrative regulations necessary to implement, administer, and enforce this section; require the Kentucky Board of Education to promulgate administrative regulations requiring that each school district submit a report on healthy relationship instruction in the district biennially; require the Kentucky Department of Education to maintain a list of recommended healthy relationship curricula and instructional materials; permit a parent or guardian to file an enforcement action in Circuit Court.
Diabetes – Awareness Day128A RESOLUTION proclaiming April 26, 2022, to be Diabetic Ketoacidosis Awareness Day in Kentucky.Proclaim April 26, 2022, to be Diabetic Ketoacidosis Awareness Day in Kentucky.
Prison Management – Birthing Services147AN ACT relating to maternal mental health.Create a new section of KRS Chapter 211 to require all hospitals or alternative birthing centers offering obstetric services or licensed health care providers, including nurse midwives or certified professional midwives, to provide each maternity patient with information on maternal depression and available resources; require the Cabinet for Health and Family Services to post on its Web site information about providers who assist with maternal depression.
Real Estate – Landlord Fees153AN ACT relating to the screening of tenants.Create new sections of KRS Chapter 383 to limit applicant screening charges for charges made within a 60 day period; prohibit landlords from charging screening fees without notice to the applicant; require screening criteria from landlords; require landlords to return charges if the dwelling is filled before the screening; disallow landlords from considering applicant’s certain previous actions, arrests, or criminal charges; require landlords provide denied applicants with a written statement pursuant to specific criteria putting forth one or more reasons for the denial.
Biometric Information Retention schedules172AN ACT relating to biometric data collection practices.Create a new section of KRS Chapter 369 to define terms; require private entities to develop and comply with a retention and destruction schedule for biometric identifiers and information; prohibit private entities’ collection, trade, and disclosure of biometric information with limited exceptions; create a standard of care for private entities collecting biometric information; create a civil cause of action for violations.
Mandatory Mental Health Coverage180AN ACT relating to coverage of mental health wellness examinations.Create a new section of Subtitle 17A of KRS Chapter 304 to define terms; require certain health insurance policies to provide coverage for an annual mental health wellness examination of at least 45 minutes provided by a mental health professional; require the coverage to be no less extensive than coverage for medical and surgical benefits; require the coverage to comply with the Mental Health Parity and Addiction Equity Act of 2008; provide that coverage shall not be subject to cost-sharing requirements; amend KRS 164.2871 to require self-insured employer group health plans provided by the governing board of a state postsecondary education institution to comply with the mental health wellness examination coverage requirement; amend KRS 205.522 to require the Medicaid benefits to comply with the mental health wellness examination coverage requirement; amend KRS 205.6485 to require the Kentucky Children’s Health Insurance Program to comply with the mental health examination coverage requirement; amend KRS 18A.225 to require the state employee health plan to comply with the mental health coverage requirement; require the Cabinet for Health and Family Services to seek federal approval if they determine that such approval is necessary; EFFECTIVE, in part, January 1, 2023.
Military Service – Pension Taxation Exemption197AN ACT relating to an exemption of income taxation for military pensions.Amend KRS 141.019 to exclude all distributions from military pension plans received by retired members of the United States military and their surviving spouses or former spouse under a survivor benefit plan from income taxation for taxable years beginning on or after January 1, 2022, and before January 1, 2026; require reporting by the Department of Revenue; amend KRS 131.190 to conform.
Civil Rights – Education – Hair Styles201AN ACT relating to discriminatory practices against a person.Amend KRS 344.010 to provide definitions of “protective hairstyle” and “race” that include traits historically associated with race; amend KRS 158.148 to provide that school disciplinary codes shall prohibit discrimination on the basis of race; establish the short title of “C.R.O.W.N. Act”.
State Government – Juneteenth Holiday203AN ACT relating to state holidays.Amend KRS 2.147 and 18A.190 to make June 19, also known as “Juneteenth National Freedom Day,” a state holiday for state employees.
Motor Vehicles – Require Headlights209AN ACT relating to transportation.Amend KRS 189.030 to require the illumination of headlamps on motor vehicles during any period of precipitation that necessitates the use of windshield wipers by motorists; specify that there will be a courtesy warning period until January 1, 2023.
Family Leave Act Extension228AN ACT relating to bereavement medical leave for loss of an infant.Create a new section of KRS Chapter 337 to allow use of leave time for parents to grieve the loss of a child under the age of one year.
Tax Credit – Low Income Housing251AN ACT relating to workforce and housing development.Create a new section of KRS Chapter 198A to establish the nonrefundable Kentucky affordable housing credit for taxable years or periods beginning on or after January 1, 2025, for a period of five years; allow the credit to be applied to the income and insurance taxes, in an amount equal to the amount of federal low-income housing tax credit; provide that the aggregate amount of tax credit for any year shall not exceed $12.5 million; create a new section of KRS Chapter 141 to allow the credit to be applied to income and limited liability entity taxes; amend KRS 141.0205 to order the income tax credit; create new sections of KRS Chapter 136 to allow the credit to be applied to insurance tax; order the insurance tax credits; amend KRS 131.190 to conform.
Health Care – Implicit Bias Training254AN ACT relating to implicit bias in perinatal care.Amend KRS 211.680 to expand the scope of the legislative intent and findings; create new sections of KRS Chapter 211 to define terms; require licensed health facilities under KRS Chapter 216B to provide each patient with written information regarding the patient’s rights and implement an evidence-based implicit bias program for all health providers involved in the perinatal care of patients within those facilities; require the Department for Public Health to track data on maternal death and severe morbidity.
Education – Ban 1/2 day kindergarten programs275AN ACT relating to full-day kindergarten.Amend KRS 158.060 to remove language that allows for half-day kindergarten programs; amend KRS 157.320, 157.360, and 158.030 to conform.
Welfare – Establish Basic Income322AN ACT relating to income assistance and making an appropriation therefor.Create a new section of KRS Chapter 205 to define “eligible recipient” “gross income,” “taxable year,” and “universal basic income”; create the universal basic income fund within the State Treasury and provide that money remaining in the fund at the end of the fiscal year shall not lapse but will be carried forward into the next fiscal year; establish a universal basic income of $1,000 per month payable from the fund to any eligible recipient unless his or her reported gross income exceeds 100% of the median per capita income for his or her county of residence; establish a Kentucky workers’ transitional income of $500 per month payable from the fund to any person who was receiving the universal basic income but became ineligible because his or her reported gross income exceeds 100% of the median per capita income of his or her county of residence for up to 24 months or until his or her reported gross income exceeds 200% of the median per capita income of his or her county of residence; require; that receipt of the universal basic income shall not be considered taxable income or be considered in calculating state tax credits or offset any liabilities or preclude the recipient from receiving other public assistance; amend KRS 141.019 to exclude the universal basic income in calculating a taxpayer’s adjusted gross income; APPROPRIATION.
Professional Licensing329AN ACT relating to ophthalmic dispensers.Amend KRS 326.080 to require the license renewal fee for practicing ophthalmic dispensing to be established by the Kentucky Board of Ophthalmic Dispensers through promulgation of administrative regulation.
Education – Mandatory State Funding of School Lunch Program360AN ACT relating to school food programs.Establish a new section of KRS Chapter 158 to require the Kentucky Department of Education to pay for any costs not reimbursed by federal funds for the operation of the federal school breakfast and lunch programs.
Taxation367AN ACT relating to pari-mutuel tax.Amend KRS 138.510 to impose a 1.5% surtax on historical horse races, on or after October 1, 2022; amend KRS 138.513 to impose a 2.5% surtax on advance deposit account wagers; amend KRS 138.530 and 230.750 to conform.
Family Leave Act Extension377AN ACT relating to family care leave.Amend KRS 337.010 to define “family care leave,” “family member,” “health care provider”, “same employer,” and “serious health condition”; create a new section of KRS Chapter 337 to prohibit employers from preventing an employee to take family care leave; to entitle employee to family care leave for the birth of a child or to take care of a family member and establish parameters.
Business Regulation407AN ACT relating to unemployment insurance.Amend KRS 341.370 to prohibit disqualification from benefits for workers unemployed as a result of domestic violence and abuse, dating violence and abuse, sexual assault, or stalking; amend KRS 341.530 to charge benefits to pooled account for workers displaced from employment through domestic or dating violence and abuse, sexual assault, or stalking; amend KRS 341.125 to require the secretary to provide training to personnel who process claims related to domestic or dating violence and abuse, sexual assault, or stalking and to report to the Legislative Research Commission annually the number of claims paid involving domestic or dating violence and abuse, sexual assault, or stalking; amend KRS 341.360 to conform; amend KRS 341.550 to prevent benefit payments from pooled account from impacting an employer’s experience rating; and create a new section pf KRS Chapter 341 to direct the secretary of the Education and Workforce Development Cabinet to promulgate administrative regulations.
Education – Mandatory Racisim Instruction427AN ACT relating to curriculum.Amend KRS 156.160 to require public middle and high school curriculum to include instruction on the history of racism.
Covid – Death Benefit for “Line of Duty”430AN ACT relating to death benefits for first responders, making an appropriation therefor, and declaring an emergency.Amend KRS 61.315 to create a presumption that first responders who die of COVID-19 do so while in the line of duty and thus qualify for death benefits; apply subsection retroactively; APPROPRIATION; EMERGENCY.
Business Development Credits – Living Wage494AN ACT relating to economic development incentive projects.Amend KRS 154.22-040, 154.32-020, 154.32-010, 154.34-110, 154. 12-204, 154.60-020, 154.28-080, 154.23-025 and 154.24-090 to update employee wage requirements for employers and businesses receiving economic development tax incentives.
Abortion Rights826AN ACT relating to reproductive privacy and declaring an emergency.Create new sections of KRS Chapter 311 to establish legislative findings; to provide every individual the right to choose or refuse contraception, sterilization, to carry a pregnancy to term, give birth to a child, or terminate a pregnancy; EMERGENCY.
Education – Mandatory Racisim Instruction853AN ACT relating to historical instruction.Create a new section of KRS Chapter 158 to require African history instruction in certain middle and high school world history and civilization courses; require Native American history instruction in certain middle and high school United States history courses; require the Kentucky Board of Education to promulgate administrative regulations establishing academic standards for the required historical instructions; require local school boards to adopt curricula for required instruction; require the Department of Education to collaborate with the Kentucky African American Heritage and the Kentucky Native American Heritage Commission to develop recommended curricula and instruction guidelines for the required historical instruction, elective high school course offerings in African history and Native American history, and relevant professional development materials.
Taxation955AN ACT relating to digital assets.Establish KRS Chapter 355A and create new sections thereof to define and establish property classifications for digital assets; supplement and modify provisions of the Uniform Commercial Code, KRS Chapter 355, relating to the classification, perfection, and priority of digital assets; allow debtors located in Kentucky to file a financial statement with the Secretary of State to perfect a security interest in a digital asset; establish when a transferee takes a digital asset free of any security interest perfected by filing; for purposes of Article 9 of KRS Chapter 355, establish when digital assets are located in Kentucky; classify open blockchain tokens with certain characteristics as intangible personal property; require developers and sellers of certain open blockchain tokens to file a notice of intent with the Secretary of State, and pay a filing fee, prior to sale in this state; require the Secretary of State to promulgate forms and make the forms accessible to filers; require facilitators of certain open blockchain tokens in the resale market to comply with certain requirements; establish penalties for violation of the section; provide that the Secretary of State may make referrals to law enforcement agencies; provide that section may be cited as the Kentucky Utility Token Act; create a new section of Subtitle 2 of KRS Chapter 286 to permit certain Kentucky financial institutions to elect to provide custodial services of customer currency and digital assets in accordance with the provisions of the section; establish internal control and customer contracting requirements for providing custodial services under the section; provide that digital assets held in custody under the section are not depository liabilities or assets of the financial institution; require the commissioner of financial institutions to establish a supervision fee; create a new section of Article 1 of KRS Chapter 355 to conform; amend KRS 369.103 to include transactions involving digital assets; provide that the Secretary of State and the commissioner of financial institutions shall promulgate administrative regulations to implement the Act on or before October 1, 2022; EFFECTIVE, in part, October 1, 2022.
Public Employees – Mandatory Labor Union Membership1167AN ACT relating to employment.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 “employer” and “employee”; 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, KRS 78.470 and KRS 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; repeal KRS 65.016, 336.132 and 336.134.