Labor and Industry Legislation - Kentucky

Create a new section of KRS Chapter 15 to allow local law enforcement agencies to enter into agreements with the federal government to enforce immigration law; create a new section of KRS Chapter 16 to require the State Police to enter into an agreement with the federal government to enforce immigration law and to form a Kentucky State Police Illegal Alien Task Force; Create several new sections of KRS Chapter 337 to prohibit employers from employee illegal aliens, to create a graduated loss of business license or charter scheme for those found to have done so after January 1, 2009, and to require utilization of a federal work authorization verification system; amend KRS 514.160 to include with the offense of identity theft the theft of identity by an unauthorized alien for the purpose of obtaining employment; create a noncodified section to create a Employer Sanctions Task Force to study the system of employer sanction relative to the employment of unauthorized aliens to operate during [...]

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Create new sections of KRS Chapter 336 to establish definitions for purposes of collective bargaining; create a 3-member, full-time State Employment Relations Board appointed by the Governor, subject to Senate confirmation; authorize board to hire staff, create a bureau of mediation, conduct studies, and hold hearings; attach board to the Department of Labor; authorize collective bargaining for eligible public employees including representation by an employee organization, but excluding the right to strike; require a public employer to permit an exclusive bargaining representative to represent employees in a bargaining unit for not more than 4 years; require a public employer to bargain with the exclusive bargaining representative, except that the parties are not compelled to agree to a proposal or to make a concession; require a public employer to deduct dues and fair share payments; establish mechanism for a public employee organization to become an exclusive bargaining representative;[...]

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Repeal, reenact, and amend KRS 514.160 relating to identity theft to increase the number of pieces of identifying information, include use of false identification to deprive a person of money, obtain employment, hide one's true identity, cause another person to suffer economic loss, defraud another person, or attempt, solicit, or conspire to commit identity theft; create a new section of KRS Chapter 441 to require pretrial release officers to obtain place of birth, citizenship, and related information from prisoners in jail and report the information to the Kentucky Office of Homeland Security and Administrative Office of the Courts; create a new section of KRS Chapter 39G to expand the duties of the Kentucky Office of Homeland Security with regard to immigration, customs, and other homeland security matters; create a new section of KRS 15.380 to 15.404 to permit local and state law enforcement agencies to enter into agreements with the federal government for local enforcement of immigration [...]

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Amend various sections of Subtitle 50 of KRS Chapter 304, relating to workers' compensation self-insured groups to extend application of the subtitle to "bona fide" trade associations; clarify that minimum surplus exemption applies to a group operating under a plan approved by the executive director, or a remedial plan approved prior to August 3, 2004; provide that security deposit requirements are based on an audited rather than certified statement of financial condition; establish requirements for banks or trust companies for security deposits and require approval by the executive director; require a custodial bank or trust company to have capital and surplus of $25 million or more, except that those licensed and regulated in Kentucky shall have $10 million or more; permit the purchase of certificates of deposit from any duly chartered bank; allow investment in equity securities that are actively traded on any registered national securities exchanges; clarify that eligible securities [...]

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Create new sections of KRS Chapter 411 to establish procedures for civil actions arising from exposure to silica or mixed dust; define related terms; require that a physical impairment be an essential element in a civil action based on exposure to silica or mixed dust; require a prima facie showing of a physical impairment before bringing or maintaining a civil action; provide for dismissal of civil actions for failure to establish a prima facie showing of a physical impairment resulting from exposure to silica or mixed dust; toll the statue of limitations on claims not barred by the effective date until such time as an individual discovers or should have discovered a physical impairment; distinguish claims for nonmalignant conditions from claims for silica or mixed dust related cancer; establish requirements for wrongful death claims; exempt a premises owner from liability unless the individual's exposure occurred while on the property of the owner, and extend liability exemption relating [...]

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Create new sections of KRS Chapter 337 to prohibit misclassification of employees as independent contractors; define "contractor" and "construction"; set out factors for determining status as an independent contractor; require a contractor to retain records for three years and to post requirements in the new sections at each worksite; require the Office of Workplace Standards to enforce the provisions; provide an administrative remedy and civil action remedy for persons aggrieved by violations; prohibit retaliation against a person who reports violations and provide a penalty; prohibit waiver of these provisions and provide penalty; require the Office of Workplace Standards to share misclassification determinations with other agencies; provide a $1,000 penalty for the first violation and $2,500 for subsequent violations; require that repeat violators will be posted on the Internet Web site of the Office of Workplace Standards; and provide that contractors that have two or more violations [...]

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