Law and Government Legislation in Kentucky

Amend KRS 148.795 to define certain terms related to the operation of the Kentucky Recreational Trails Authority; to expand the membership of the authority with representation from the Kentucky Motorcycle Association, League of Kentucky Sportsmen, Kentucky Council of Area Development Districts, ATV association representatives, hiking or backpacking organizations, Kentucky Horse Council, and others; authorize the Kentucky Recreational Trails Authority and other governmental entities to enter into recreational land use agreements through contractual arrangements establishing allowable purposes; establish provisions that these recreational land use agreements do not ensure certain privileges or rights; allow governmental entities to construct, improve, renovate, finance or otherwise provide for recreational activities and facilities on designated public and private lands where owners have entered into land use agreements with the authority or a governmental entity; provide for establishment [...]

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Amend KRS 367.4903 to include various forms of excavation in definitions; include inability to restore interrupted utility service in definition of "emergency"; specify multimember protection notification center designated by the Public Service Commission as sole recipient of 811 dialed calls for excavator-operators to obtain information regarding approximate location of underground facilities; exclude penetration of existing grade from definition of "routine road maintenance"; amend KRS 367.4909 to conform; amend KRS 367.4911 to require excavators to cease excavation or demolition activities and immediately report any underground facility damage that results in the escape of any flammable, toxic, or corrosive gas or liquid to appropriate authorities via 911 emergency telephone number; amend KRS 367.4913 to conform; amend KRS 367.4915 to exempt emergency work by utility operators or utility subcontractors from requirements of KRS 367.4905 to 367.4917; amend KRS 367.4917 to provide for the [...]

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Create a new section of KRS Chapter 198A to permit the Kentucky Homeownership Protection Center to be established by or through the Kentucky Housing Corporation; declare the purpose of the center to be providing a centralized location for information on public services to assist a homeowner who is in default or in danger of default on a home loan; create a new section of Subtitle 2 of KRS Chapter 286 to require the mortgagee to provide to the homeowner at the time of closing any brochure, pamphlet, or brief document prepared or approved by the Kentucky Housing Corporation that describes services provided by the center; create a new section of Subtitle 2 of KRS Chapter 286 to declare it is unlawful for a person in the course of a mortgage transaction to improperly influence the development, report, result, or review of a real estate appraisal in connection with a mortgage loan; amend KRS 286.8-010 to define terms; amend KRS 286.8-020 to clarify who is subject to the subtitle; establish procedure [...]

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Amend KRS 158.440 to identify the Golden Rule as the model for improving attitude and the rule for conduct for all public school students; require school districts to have plans, policies, and procedures dealing with measures for assisting students who are engaging in disruptive and disorderly behavior, including harassment, intimidation, or bullying of another student; amend KRS 158.441 to define "harassment, intimidation, or bullying"; allow civil exchange of opinions or debate or cultural practices protected under the state or federal Constitution to be included in areas exempt from definition of "harassment, intimidation, or bullying"; amend KRS 158.148 to require school districts to formulate a code of acceptable behavior and discipline that embraces the Golden Rule as the model for improving attitude and the rule for conduct for students; require the code of acceptable behavior to prohibit harassment, intimidation, or bullying of a student and include procedures for identifying, reporting,[...]

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Create new sections of KRS Chapter 151 to define "fees-in-lieu," hydrologic unit code," "mitigation organization," "mitigation," "restoration," "riparian," "Section 404 permit," "watershed," "USACE" and "2020 water management planning council"; require restoration and mitigation planning to be on a watershed basis; grant permissive authority for the creation of seven-member Stream Restoration and Mitigation Authorities for each watershed in the Commonwealth; specify the function and powers of the Stream Restoration and Mitigation Authorities; allow 2020 water management planning councils to contact water service coordinators to request assistance with establishing authorities and nominate members; require members of the authority to serve ex officio on 2020 water management planning councils; attach the authorities to the Department for Natural Resources; vest authorities with public stewardship responsibility over the watershed's water resources and riparian environments; require authorities [...]

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Create new sections of KRS Chapter 121 to define terms; require a person making an independent expenditure to report it if the amount exceeds $500 in the aggregate in any one election; establish campaign contribution limits for candidates, slates of candidates, and candidate campaign committees; establish campaign contribution limits for caucus campaign committees, political issues committees, permanent committees, and executive committees; permit the establishment of a building account; establish campaign contribution limits for inaugural committees; establish campaign contribution limits for individuals; permit candidates, slates of candidates, committees, referendum committees, and individuals to utilize on-line credit and debit card transactions; provide for reporting exemptions for any candidate, slate, or political issues committee if a form is filed stating that contributions will not be accepted or expended in excess of $5,000 in any one election; require that referendum committees [...]

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Amend KRS 224.01-410 to define "clandestine methamphetamine lab," "contaminated property," and "decontamination standards"; permit the Environmental and Public Protection Cabinet to establish a tiered response system for methamphetamine-contaminated properties and to promulgate administrative regulations for decontamination standards; require local or state law enforcement to conduct the initial sampling of an inhabitable property site and direct the Department of the State Police to promulgate administrative regulations; permit the property owner of a inhabitable property site to consult decontamination and remediation service providers not listed on the cabinet's certified contractor list, if the initial sampling result is not assessed as a Tier 3 or higher contamination; require that inhabitable property not be deemed habitable unless the decontamination standard is met; require the cabinet to promulgate administrative regulations to create the tiered response system for methamphetamine-contaminated [...]

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Create new sections of KRS Chapter 411 to outline specific civil liability and related procedures for financial recovery after the theft of motor fuel for motor vehicles and motorboats; define "motor fuel," "retailer," "retail facility," and "vehicle"; authorize retailers to mail a notice demanding payment from the owner of a vehicle that receives motor fuel without making proper payment to the retailer; allow retailers to impose a $30 service charge in addition to recovering the cost of the motor fuel; impose a civil penalty in the amount of the greater of the price of the motor fuel or $100 if the owner has not made payment within 30 days after the notice was mailed; require that retailers conspicuously display notice of the service charge on the premises from which the motor fuel was received; forbid further collection efforts if the vehicle owner disputes the retailer's claim within the 30 days after the notice was mailed; limit retailers to collecting payment only pursuant to a court [...]

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Amend KRS 334A.020 to define "interim license," "provisional license," and "temporary license"; amend KRS 334A.035 to establish new requirements for an interim license to practice as a speech-language pathologist and a speech-language pathology assistant; require a person with an interim license to practice as a speech-language pathologist who fails the national examination to submit documentation of preparation for the examination as required by the board; permit the applicant to continue to practice under the interim license with supervision as required in accordance with KRS 334A.035 for a period not to exceed 24 months, unless an extension is granted by the board; require a speech-language pathologist applicant with an interim license to apply for permanent licensure within 30 days of the completion of postgraduate professional experience; exempt speech-language pathologists and audiologist, employed by the public schools in certified positions and who hold teacher certification in [...]

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Create new sections of KRS Chapter 324, relating to real estate brokers, to allow an out-of-state broker to practice in Kentucky relative to commercial real estate through a cooperation agreement with a Kentucky real estate broker; define "commercial real estate," "cooperation agreement"; "Kentucky cooperating broker," "out-of-state principal broker," and "out-of-state licensee," require that out-of-state licensees be licensed with and work under the direct supervision of an out-of-state principal broker; set out minimum contents of cooperation agreements, to include terms of compensation, description of the parties, and the start and end date of the agreement; mandate that, for transactions that fall within the scope of the cooperation agreement, out-of-state brokers work under the supervision and control of the Kentucky cooperating broker and supply the commission with an affiliation notice and insurance certification; include licensure status and other disclosures; limit types of transactions [...]

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Create new sections of KRS Chapter 91A to define "local government," "risk location system or program," and "tax period"; establish the method for the filing of amended returns and requests or assessments by any insurance company, local government, or policyholder for nonpayment, underpayment, or overpayment of any license fees or taxes imposed under Section 5 of this Act and the appeals from the denial or refusal thereof; permit an insurance company that has paid a license fee or tax imposed by a local government to request a refund or credit for any overpayment of the fee or tax or any payment when no tax was due within the time provided; permit any policyholder who has paid to an insurance company a license fee or tax imposed by a local government under Section 5 of this Act to request a refund or credit for an overpayment of a license fee or tax or any payment when no tax was due within the time provided; permit a local government to request the Office of Insurance to conduct an audit [...]

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Amend KRS 198B.700 to conform and to define "home inspector"; amend KRS 198B.702 to conform; amend KRS 198B.704 to clarify term of members of the board and require adherence to duly adopted code of ethics; amend KRS 198B.706 stipulate penalties the board may invoke for violations; amend KRS 198B.712 to prohibit advertising as a home inspector by unlicensed persons; amend KRS 198B.722 to require late fees, if applicable, and background checks; amend KRS 198B.732 to stipulate violators guilty of a second offense within five years shall be guilty of a Class A misdemeanor under KRS 534.040; repeal KRS 198B.734 and reenact as a new section of KRS Chapter 413, amended to require that claims be brought within one year of the date of inspection and prohibit home inspectors acting in their capacity as inspectors from indicating compliance with the building code; amend KRS 227.660 to permit the office to authorize licensed home inspectors to assist in the inspection of mobile homes and recreational [...]

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Amend KRS 229.011 to define "boxing," "kickboxing," "mixed martial arts," "show," and "wrestling"; amend KRS 229.021 to require a license or permit for individuals involved in a show or exhibition; amend KRS 229.031 to require those conducting a show or exhibition to pay a tax of twenty-five dollars or five percent of gross receipts, whichever is greater; amend KRS 229.051 to require a bond before a promoter license is granted; amend KRS 229.061 to include kickboxing and mixed martial arts shows; amend KRS 229.071 to require show dates to be approved and require a promoter's license for anyone providing training for a show or exhibition and to include kickboxing and mixed martial arts; amend KRS 229.081 to require licensing for bout assistants and seconds; amend KRS 229.101 to limit mixed martial arts bouts or exhibitions to no more than five rounds with duration of each round determined by administrative regulation; amend KRS 229.111 to include kickboxing and mixed martial arts shows; [...]

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Amend KRS 61.680 to include reference to the Kentucky Teachers' Retirement System as one of the retirement systems in which nonelected employees may participate as appropriate; amend KRS 161.220 to specify that experience substitution clauses only apply to employees of the Kentucky Department of Education who have a four-year degree; exclude awards program from definition of "annual compensation"; amend KRS 161.310 to clarify retirement incentive; amend KRS 161.340 to require transfer of leave balances from the Kentucky Teachers' Retirement System to other Executive Department agencies; amend KRS 161.480 to specify procedures for designating beneficiaries and the effect of failure to make a designation; amend KRS 161.515 to specify that out-of-state teaching service is purchasable only at full actuarial cost; indicate retirement factors for purchase of out-of-state service; amend KRS 161.520 to specify procedures for account refunds, in lieu of survivor allowances, by parents, or legal [...]

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Amend KRS 117.085 to permit requests for applications for an absentee ballot to be transmitted by electronic mail; to require the clerk to provide a voter with a written authorization to vote if the voter does not vote by absentee ballot and returns the ballot to the clerk; amend KRS 117.165 to require the county board of elections to examine the voting machines designated for use during absentee voting not later than 3 business days preceding the date set by the board to conduct absentee voting and to give notice of such examination 24 hours preceding such; amend KRS 117.265 to establish the ineligibility of a write-in candidate; amend KRS 117.275 to conform; amend KRS 117.315 to require the list of challengers be presented to the chair or the secretary of the party committee of the county on or before the third Friday in April preceding the primary; amend KRS 117.995 to expand to absentee voting days the same prohibited activities currently applied to election day; amend KRS 118.425 to [...]

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Amend KRS 304.9-350 to prohibit an individual or business entity licensed as a consultant, or agent or an agency with whom the consultant has a financial or business ownership interest or affiliation, from contracting, selling, or negotiating insurance for the risk of the client who is subject to the consulting contract during the term of the contract or within twelve months of the termination of the contract; permit consulting fees paid to a consultant to be shared between a business entity licensed as a consultant and an individual who is licensed as a consultant and is an owner, officer, partner, member, or employee of the business entity; require a person licensed as a consultant to disclose in a written contract signed by the party to be charged prior to the provision of consultant services the services to be provided, the beginning and ending date of the agreement, any insurance policy to which the agreement for consultant's services applies, the arrangement for compensation of the [...]

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Amend KRS 304.15-020 to define "advertisement," "financing transaction," "life expectancy," "premium finance loan," "purchaser," "settled policy," and "stranger-originated life insurance"; amend KRS 304.15-700 to prohibit an insurer that is the subject of a life settlement contract from being responsible for any act or omission of a broker, purchaser, or provider unless the insurer receives compensation for the placement of the life settlement contract from the broker, purchaser, or provider; prohibit an insurer from requiring the owner, insured, provider, or broker to sign any form, disclosure, consent, waiver, or acknowledgment that has not been expressly approved by the executive director of the Office of Insurance; create a new section of KRS 304.15-700 to 304.15-725 to regulate advertisements pertaining to life settlements; amend KRS 304.15-710 to add disclosures a provider must provide to an owner; require the broker to make certain disclosures to the provider and owner; create a [...]

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Amend KRS 11A.010 to revise the definition of "officer" to include only salaried boards and commissions as subject to the entire ethics code; delete list of certain named boards and commissions; include in the definition of "public servant" any person who performs state service on contract in a full-time position and any person or position designated by executive order of the Governor; define "person," "matter," and "board member"; amend KRS 11A.020 to prohibit use of a public servant's office or position when seeking other employment or contracting for services for oneself; prohibit the misuse of state time, equipment, personnel, facilities, or state resources for private business or campaigns; prohibit soliciting, selling to, or otherwise engaging in a financial transaction with a subordinate or a person or business whom the public servant regulates, does business with, or supervises in the public servant's official capacity, if the economic benefit is greater than $50 in a single calendar [...]

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Create new sections of KRS 353 to provide for the creation of Gas Acquisition Authorities for acquiring and financing reliable and economical supplies of natural gas for the use and benefit of municipal utilities; provide that a Gas Acquisition Authority is created by interlocal cooperation agreement between two or more municipal gas systems following the procedures and requirements of the Interlocal Cooperation Act, including approval of the Interlocal Cooperation Agreement by the Department for Local Government; provide that a: Gas Acquisition Authority is a political subdivision of the state; is subject to the Commonwealth's open public meeting and public records laws; has all powers necessary to acquire, own, and manage reliable and economic supplies of gas; may enter into all contracts necessary or related to accomplishment of its purposes; may issue bonds to finance the cost of acquiring gas supplies and may pledge revenues to secure the bonds; may enter into contracts for the sale [...]

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Amend KRS 304.2-210 pertaining to examination of insurance companies to define "examination workpaper;" establish criteria to be considered by the executive director of the Office of Insurance in scheduling and determining the nature, scope, and frequency of examinations; permit the executive director to examine or investigate to the extent the executive director deems necessary or material; specify when a report of the most recently completed examination of a foreign, or alien, insurer can be accepted in lieu of the executive director making his or her own examination; amend KRS 304.2-230 to require the observance of guidelines in the Examiners' Handbook adopted by the National Association of Insurance Commissioner; establish criteria of who may be appointed as examiner; provide immunity for examiners; authorize the examiner to issue subpoenas; permit the executive director to terminate or suspend an examination in order to pursue other legal or regulatory action; amend KRS 304.2-250 to [...]

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