2018 Legislative Summary

                                                          2018 Kentucky General Assembly

The summary below was prepared by LaKeysha Singleton, Legal Research Assistant to Carol E. Jordan, Executive Director of the Office for Policy Studies on Violence Against Women, University of Kentucky.

The 2018 Kentucky General Assembly was in session from January through April 2018.  It was a constitutionally-structured even-year session.  The Kentucky legislature convenes in regular session on the first Tuesday after the first Momday in January and may not last more than 60 legislative days in even-numbered years. A "legislative day" is defined as a calendar day, excluding Sundays, legal holidays, and any day on which neither house meets.  In total, 615 House bills and 272 Senate bills were introduced this year.  By comparison, in 2016 (the previous even-year session), 632 House bills and 309 Senate bills were introduced.  The summary below includes legislation passed by the 2018 General Assembly that relates to women's health issues, crimes and punishment, crime victim's rights, protection for minors, sex offenses, controlled substances, adult incarceration, terrorism, family law and domestic relations, education, child welfare, and disabled adults.  It includes 36 House bills and 22 Senate bills.

 

SELECT SUMMARY OF LEGISLATION RELATED TO WOMEN & CHILDREN, CRIME & CRIMINAL JUSTICE, HEALTH & MENTAL HEALTH, & EDUCATION 2018 General Assembly
BILL NUMBER SPONSOR(S) BILL TITLE BILL SUMMARY SENATE VOTE HOUSE VOTE GOV'S SIGNATURE
Senate
SB 6 A. Kerr (R )(12), R. Alvarado, R. Girdler AN ACT relating to the safe disposal of controlled substances. Amend KRS 218A.170 to require a practitioner or a pharmacist to sell or distribute a nontoxic composition, which permanently captures the controlled substance, for the sequestration or deactivation and disposal of unused, unwanted, or expired controlled substances anytime a controlled substance is sold or distributed. 34-2 95-0 4/11/18
Without Governor's Signature
SB 19 D. Carroll (R )(2), T. Buford, C. Embry Jr., R. Girdler, D. Harper Angel, S. Meredith, D. Parrett, M. Wilson AN ACT relating to sex offenses. Amend KRS 510.050, 510.060, 510.080, 510.090, 510.110, and 510.120 to increase penalties for sex crimes against a victim who is a person with an intellectual disability. 37-0 97-0 4/10/18
SB 30 W. Westerfield (R )(3), J. Adams, R. Alvarado, J. Bowen, J. Carpenter, D. Carroll, C. Embry Jr., R. Girdler, D. Givens, J. Higdon, P. Hornback, S. Humphries, R. Jones II, C. McDaniel, S. Meredith, D. Parrett, D. Ridley, B. Smith, D. Thayer, R. Thomas, S. West, M. Wilson, M. Wise AN ACT relating to crime victims' rights. Repeal and reenact or repeal, reenact, and amend various sections of the Crime Victims' Bill of Rights to change statutory definition of "victim"; require that restitution to the victim be made when possible; repeal KRS 421.540; provide for a delayed contingent effective date of November 6, 2018, upon ratification of a proposed constitutional amendment providing protection of crime victims' rights. 33-0 79-3 3/28/18
SB 37 E. Harris (R )(26), R. Girdler, J. Schickel AN ACT relating to operator's licenses for certain inmates and declaring an emergency. Amend KRS 186.417 and 186.412 to require the Transportation Cabinet to promulgate administrative regulations to allow the issuance of operator's licenses to current federal and state inmates who are engaged in work release programs or reentry initiatives; set forth minimum components of the regulation; make technical corrections; amend KRS 186.412 to include federal prisoners under current provisions allowing state prisoners to receive operator's licenses and personal ID cards upon release; EMERGENCY. 36-0 71-18 4/2/18
SB 48 J. Adams (R )(36), R. Alvarado, D. Harper Angel, M. McGarvey, W. Schroder AN ACT relating to child marriage. Amend KRS 402.020 to establish a new minimum age for marriage; amend KRS 402.030 to establish the power of courts to declare a marriage void when one party is under 18 years of age; amend KRS 402.210 to prohibit individuals under the age of 17 years from marrying; establish the process for a 17- year old to petition a court for permission to marry and the criteria for granting the petition; repeal KRS 402.260 which provides for the estate of minors who marry to be placed in receivership until they reach the age of 18 years. 34-3 87-0 3/29/18
SB 57 M. Wise (R )(16), J. Bowen, C. Embry Jr., R. Girdler, M. Wilson AN ACT relating to terrorism. Create a new section of KRS Chapter 411 to allow a person injured by an act of terrorism to file a claim for damages against the terrorist; create a new section of KRS Chapter 525 to establish a crime of terrorism as a capital offense which shall be punished by imprisonment for life without probation or parole; state that a person convicted of terrorism shall not be released early. 38-0 81-12 4/10/18
SB 68 M. McGarvey (D)(19), J. Adams, R. Alvarado, D. Carroll, R. Girdler, D. Harper Angel, W. Schroder, R. Webb, S. West, W. Westerfield AN ACT relating to dissolution of marriage. Create a new section of KRS Chapter 403 to clarify that a victim of domestic violence is not required to pay the legal fees of the abusive spouse in a divorce action when the spouse is incarcerated for crimes against the petitioner. 37-0 86-0 3/27/18
SB 71 S. Meredith (R )(5), D. Carroll, C. Embry Jr., R. Girdler, M. Wilson AN ACT relating to health education. Create a new section of KRS Chapter 158 to require inclusion of abstinence education in any human sexuality or sexually transmitted diseases curriculum. 32-5 26-56 4/13/18
SB 73 D. Givens (R )(9), D. Carroll, M. Wilson AN ACT relating to school districts. Create a new section of KRS Chapter 156 to establish a pilot program for performance-based professional development projects; require the local board of education to determine the parameters for the pilot program; require the Kentucky Department of Education to study the completed pilot projects and report its findings by August 1, 2022; amend KRS 158.070 to sunset the granting of nontraditional instruction days after the 2020-2021 year. 36-0 86-8 4/25/18
SB 101 M. Wise (R )(16) AN ACT relating to school district vacancies. Amend KRS 160.380 to reduce the vacancy notice required from a superintendent to the chief state school officer from 30 days to 15 days. 37-0 87-0 4/4/18
SB 108 A. Kerr (R )(12) AN ACT relating to child support enforcement of health care coverage. Amend KRS 403.211 to update the definition of health care coverage as it relates to child support enforcement procedures to comply with changes in federal law. 38-0 95-0 4/2/18
SB 109 J. Adams (R )(36), D. Harper Angel, A. Kerr, M. McGarvey, W. Schroder, W. Westerfield AN ACT relating to crimes and punishments. Amend KRS 510.010 to include penetration by body parts in definitions of "sexual intercourse" and " deviate sexual intercourse" for purposes of describing the crimes of rape and sodomy. 36-0 87-0 3/29/18
SB 130 C. McDaniel (R )(23) AN ACT relating to campus crime reporting. Amend KRS 164.948 to conform the defined terms with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C sec. 1092; amend KRS 164.9485 to conform the crime reporting requirements of public postsecondary institutions under Kentucky law to the federal campus crime reporting requirements of 20 U.S.C. sec. 1092. 37-0 95-5 4/2/18
SB 133 J. Adams (R )(36), W. Westerfield, A. Kerr AN ACT relating to crimes and punishments. Amend KRS 441.055 to require the Department of Corrections to promulgate administrative regulations for the jails that require adequate nutrition for pregnant inmates, adequate feminine hygiene products, and an appropriate number of undergarments for female inmates; create a new section of KRS Chapter 196 to require that pregnant inmates be restrained solely with handcuffs in front of the body unless further restraint is required to protect herself or others; ban the shackling of female inmates; amend KRS 197.020 to require the Department of Corrections to create a classification process for jails that may house female state inmates; amend KRS 532.100 to require a jail be certified before housing any female state inmates and provide a delayed effective date of January 1, 2019; amend KRS 403.725 to allow orders of protection to be filed at a domestic violence shelter or a rape crisis shelter; amend KRS 456.030 to allow interpersonal protective orders to be filed at a domestic violence shelter or a rape crisis shelter; create a new section of KRS Chapter 15 to require the reporting of allegations of sexual assaults by a jailer or any employee, contractor, vendor, or volunteer of a supervising entity to the Attorney General's Office for investigation; create a new section of KRS Chapter 439 to allow an eligible pregnant woman to be released from custody; amend KRS 431.517 to prohibit an offender charged with an offense under KRS Chapter 507 from pretrial home incarceration unless the judge makes a finding that the offender does not pose a threat to society; amend KRS 434.650, 434.655, 434.660, 434.670, 434.690, 514.030, 514.040, 514.050, 514.060, 514.070, 514.080, 514.090, 514.110, 514.120, and 517.060 to raise the threshold level for a Class D felony for various fraud and theft crimes from $500 to $1,000 if the person has not been convicted twice of the same offense in the last two years; amend KRS 439.3401 to make criminal attempt to commit murder of a peace officer or a firefighter an offense for which at least 85 percent of the sentence must be served before probation or parole; amend KRS 431.066 to eliminate monetary bond except for high-risk defendants who have not been charged with a violent or sexual offense; provide that when a court is making a bail determination for a defendant, it is based on whether a defendant poses a low, moderate, or high risk; create a new section of KRS Chapter 431 to provide that when a defendant poses a low or moderate risk and has been charged with a violent or sexual offense or poses a high risk, the court shall determine whether any nonfinancial conditions shall reasonably ensure the appearance of the defendant or the safety of the public; amend various statutes to conform; repeal KRS 431.021 and amend KRS 431.510 to conform; provide a delayed effective date of January 1, 2019, for the monetary bond provisions; provide short title. 33-4 88-0 4/10/18
SB 137 W. Westerfield (R )(3) AN ACT relating to the Kentucky Rules of Evidence. Establish a new Kentucky Rule of Evidence to provide a hearsay exception for an out-of-court statement made by a child with a physical, mental, emotional, or developmental age of 12 years or less at the time of trial or hearing describing any sexual act performed by, with, or on the child or describing any act of physical violence directed against the child. 29-9 89-0 4/10/18
SB 151 J. Bowen (R )(8) AN ACT relating to the local provision of wastewater services AND Kentucky's public pension system. Legislation that moves new teachers into a less secure hybrid cash balance plan and ends the inviolable contract moving forward for them, making their benefits vulnerable to further cuts in the future. Senate Bill 151 also caps the use of sick leave for teacher retirement benefits and weakens the already-modest hybrid cash balance for state and local non-hazardous employees.(NOTE: Actual language is too extensive to fit in this space.) 22-15 49-46 4/10/18
SB 152 D. Givens (R )(9), R. Alvarado, A. Kerr AN ACT relating to teacher compensation. Amend KRS 157.390 to allow school districts to provide compensation in addition to that provided in the single salary schedule for all classroom teachers in a school identified as being in targeted or comprehensive support and improvement status. 37-0 90-3 4/2/18
SB 181 D. Carroll (R )(2) AN ACT relating to sex offender registrants. Amend KRS 17.500 to revise the definition of "criminal offense against a victim who is a minor" and "registrant information"; amend KRS 17.510 to require registrants to provide palm prints, motor vehicle operator's license numbers, government issued identification card numbers, and home and cellular telephone numbers; require registrants to inform the appropriate local probation and parole office of travel outside the country; amend 17.520 to make a technical correction; amend KRS 17.580 to conform. 38-0 97-0 4/10/18
SB 201 A. Kerr (R )(12) AN ACT relating to services for children and transition-age youth. Amend KRS 200.503 to define "system of care" and "transition-age youth"; amend KRS 200.505 to alter membership and name of state interagency council; amend KRS 200.509 to change membership of regional interagency councils; amend KRS 605.035 to change participation of members of regional interagency councils in family accountability, intervention, and response teams; amend various sections to conform. 36-2 97-0 4/10/18
SB 202 M. Wise (R )(16) AN ACT relating to the Council on Postsecondary Education. Amend KRS 164.013 to make the employment of a search firm optional when filling the position of the Council on Postsecondary Education president; delete the requirement that the president's compensation exceed that of any public university president. 35-0 97-0 4/10/18
SB 210 D. Seum (R )(38) AN ACT relating to possession of a firearm by a felon. Amend KRS 527.040 to increase the penalties for possession of a firearm by a convicted felon when the feloncommits a crime outside of this section that involves a firearm and the person has a prior conviction under this section. 36-0 97-0 4/10/18
SB 250 J. Adams (R )(36) AN ACT relating to screening for hepatitis C. Amend KRS 214.160 to establish that all pregnant women be tested for hepatitis C and recommend testing for children born from a pregnant woman who has a positive hepatitis C test result. 36-0 97-0 4/10/18
House of Representatives
HB 1 D. Meade (R )(80) , J. Jenkins, J. DuPlessis, L. Bechler, L. Belcher, D. Bentley, R. Benvenuti III, J. Blanton, J. Carney, M. Castlen, J. Donohue, C. Fugate, D. Graham, C. Harris, M. Hart, R. Heath, D. Horlander, K. Imes, K. King, D. Mayfield, C. McCoy, J. Miller, R. Mills, T. Moore, K. Moser, D. Osborne, J. Petrie, P. Pratt, M. Prunty, B. Reed, R. Rothenburger, S. Santoro, D. Schamore, J. Shell, J. Sims Jr, D. St. Onge, W. Thomas, J. Tipton, R. Webber, S. Wells, A. Wuchner AN ACT relating to child welfare. Create a new section of KRS Chapter 6 to establish the Child Welfare Oversight and Advisory Committee; amend KRS 194A.030 to remove the Office of the Ombudsman from within the Cabinet for Health and Family Services' Secretary’s Office and establish it as an independent office; amend KRS 199.461 to require additional reporting of statewide, regional, and county caseload average for state social service workers; amend KRS 199.470 to change the definition of relative caregiver for adoption purposes and align placement options with the Interstate Compact on the Placement of Children; amend KRS 199.641 to allow the cabinet to contract with child-caring facilities and child-placing agencies; amend KRS 199.800 to update definitions; amend KRS 199.801 to update and establish new processes for state-level and regional placement coordinators for children in the custody of the cabinet; create a new section of KRS 199.470 to 199.590 to require the cabinet to establish uniform home study processes; repeal and reenact KRS 200.575 to update and establish new processes for delivery of family preservation services; amend KRS 213.056 to change language required to be on a Kentucky birth certificate of a person adopted from outside the United States; amend KRS 213.141 to establish no birth certificate fees for a child who is in the custody of the cabinet; amend KRS 600.020 to expand the definition of “abused or neglected child”; amend KRS 605.120 to allow for a broader array of services, including monetary, for relative caregivers; amend KRS 610.040 to attempt to resolve conflicts regarding the service of process for courts; create a new section of KRS Chapter 620 to resolve delays due to simultaneous criminal proceedings during dependency, neglect, or abuse cases; create a new section of KRS Chapter 620 to allow the cabinet to charge a fee for background checks of child abuse and neglect records in certain circumstances; amend KRS 620.050 to establish new language related to Children’s Advocacy Centers in administrative hearings and access to the records and interviews; amend KRS 620.060 to clarify locations of dependency, neglect, or abuse cases for courts; amend KRS 620.070 to attempt to resolve conflicts regarding the service of process for courts; amend KRS 620.180 to lengthen the time before the first out-of-home case plan is due and require that by January 1, 2019, that CHFS shall establish and implement the processes, procedures, timelines, and requirements to ensure that children committed to the cabinet as dependent, neglected, or abused and placed in foster family homes are timely reunified with their biological family or identified for and placed in a new permanent home; amend KRS 620.270 to establish changes to the existing Citizen Foster Care Review Boards in the state to establish an interested party review to occur to allow a forum for citizens throughout the state to express their thoughts and opinions related to child welfare; amend KRS 620.090 related to notifications from the Citizen Foster Care Review Boards; amend KRS 620.310 to establish changes to the Citizen Foster Care Review Board related to the election of the chairpersons; amend KRS 625.090 related to the filing of a motion of termination of parental rights; amend KRS 625.110 related to the appeals of the termination of parental rights; create a new section of KRS Chapter 199 to establish a putative father registry in the Cabinet for Health and Family Services; prescribe the data the registry will contain and who may access the data; amend KRS 199.480 and 199.990 to conform; amend KRS 406.081 to require courts to resolve cases against alleged fathers who do not comply with ordered genetic testing; amend KRS 406.091 to require the party requesting that the paternity action be filed to pay for genetic testing; amend KRS 625.065 to the putative father registry; amend KRS 199.502 related to the putative father registry; create a new section of KRS 199.640 to199.670 to require performance-based contracting and require the secretary of the Cabinet for Health and Family Services to designate a study group to make recommendations regarding the creation and implementation of performance-based contracting for licensed child-caring facilities and child-placing agencies in the Commonwealth and to require a report; create a new section of KRS 620 to establish a notification be made to foster parents; require the secretary of the cabinet for Health and Family services to designate a study group to make recommendations regarding the feasibility and implementation of the privatization of all foster care services in the Commonwealth and require a report; amend KRS 199.473, 199.490, 625.040, 625.042, and 625.043 to conform; repeal KRS 199.565, 199.805, 200.580, 200.585, 200.590, 200.595, 200.600, and 200.605. 38-0 94-1 4/13/18
HB 3 J. Shell (R )(71), J. Sims Jr, J. Carney, J. Greer, M. Hart, R. Heath, M. Marzian, D. Osborne, P. Pratt, J. Richards, B. Rowland, S. Santoro, D. Schamore, J. Tipton AN ACT relating to school curriculum. Create a new section of KRS Chapter 158 to require, beginning with the 2019-2020 school year, each school to provide an essential skills curriculum to students; amend KRS 158.645 to conform; create a new section of KRS Chapter 158 to create the Council on Essential Skills; amend KRS 158.6453 to require the Council on Essential Skills to serve as a review committee for career studies; require the department to include the essential skills program on the school profile report; amend KRS 158.6457 to include work ethics certification in the definition of nonacademic factors; create a new section of KRS Chapter 158 requiring the Kentucky Department of Education to develop an age-appropriate drug awareness and prevention program; require local school boards to ensure that students receive annual instruction in drug awareness and prevention. 35-2 91-0 4/13/18
HB 5 D. Elliott (R )(54), J. Jenkins, M. Meredith AN ACT regarding guardianship and conservatorship of partially disabled or disabled adults. Amend KRS 210.290, relating to public guardianship, to specify when the Cabinet for Health and Family Services may be appointed as a resident's limited guardian, guardian, limited conservator, or conservator; amend KRS 387.510 to provide that a guardian or limited guardian is to manage the personal affairs of a disabled person; amend KRS 387.540 to allow a physician assistant to be part of an interdisciplinary evaluation team; amend KRS 387.570 and 387.580 to retain the right to a jury trial in a guardianship competency hearing if demanded by or on behalf of any party; amend KRS 387.590 to clarify that the same individual, agency, or corporation may be both a guardian and a conservator; amend KRS 387.610 to allow an advanced practice registered nurse or a physician assistant working within his or her scope of practice to verify a renewal petition for guardianship or conservatorship; amend KRS 387.660 to remove custody from a guardian's powers and duties; amend KRS 387.680 to clarify that a limited conservator or conservator may establish or place financial resources in a trust; amend KRS 387.670, 387.700, and 387.710 to conform. 38-0 79-3 3/13/18
HB 30 R. Huff (R )(82), K. Fleming , D. Hale, R. Palumbo, M. Prunty, J. Sims Jr, S. Westrom, J. York AN ACT relating to suicide prevention training. Amend KRS 156.095 to require two hours of in-person suicide prevention professional development training every other school year for middle and high school principals, guidance counselors, and teachers; require a newly hired staff member to receive a packet of information on suicide prevention when the person is hired in a year training is not provided; amend KRS 158.070 to delete requirement for two hours of self-study review for suicide prevention training. 36-1 90-10 4/2/18
HB 70 J. Fischer (R )(68), K. King, C. Morgan, J. Richards, J. Sims Jr, W. Stone AN ACT relating to sex offender registrants. Amend KRS 17.546 to prohibit sex offender registrants from knowingly or intentionally using electronic communications for the purpose of soliciting, contacting, communicating with, or gathering information about a person less than 18 years of age; provide an exception for a registrant using electronic communications to contact, communicate with, or gather information about his or her minor child if not otherwise prohibited and if permitted by the sentencing court; amend KRS 17.510 to require a registrant to provide written notice of all phone numbers, electronic mail addresses, and usernames used by a registrant to electronically communicate with a person less than 18 years of age. 38-0 89-0 3/30/18
HB 71 D. St. Onge (R )(63), J. Blanton, M. Cantrell, J. Fischer, J. Jenkins, C. Morgan, B. Reed, J. Richards, S. Santoro, J. Sims Jr, S. Westrom, A. Wuchner AN ACT relating to distribution of sexually explicit images without the consent of the person depicted. Amend KRS 531.010 to define "private erotic matter"; create a new section of KRS Chapter 531 to prohibit the distribution of sexually explicit images without consent; make such distribution a Class A misdemeanor for the first offense and a Class D felony for the second or subsequent offense, unless it is done for profit, in which case it is a Class D felony for the first offense and a Class C felony for the second or subsequent offense. 37-0 89-0 4/2/18
HB 101 J. Petrie (R )(16), L. Bechler, R. Benvenuti III, C. Fugate, D. Hale, A. Hatton, S. Lee, C. McCoy, S. Miles, R. Mills, B. Reed, S. Riley, J. Sims Jr, D. St. Onge, J. Wayne, R. Webber, J. York AN ACT relating to crimes and punishments. Amend KRS 510.020 to state that a 16 or 17-year old is incapable of consent when the actor is 28 years old or more; amend KRS 510.030 to add lack of knowledge of the victim's age being 16 or 17 when the offender was at least 28 years old at the time of the offense as a defense; amend KRS 510.060 to add to rape in the third degree a person who is 28 years old or more that has sexual intercourse with a 16 or 17-year old; amend KRS 510.090 to add to sodomy in the third degree a person who is 28 years old or more that has deviate sexual intercourse with a 16 or 17-year old; provide that this Act may be cited as Jenna's Law. 34-1 83-5 3/30/18
HB 120 C. McCoy (R )(50), L. Belcher, J. DuPlessis, C. Morgan, D. Osborne, B. Reed, J. Richards, J. Sims Jr AN ACT relating to child pornography. Create a new section of KRS Chapter 531 to prohibit the distribution of any material that portrays child pornography or a sexual performance by a minor. 38-0 89-0 3/23/18
HB 124 A. Wuchner (R )(66), K. Moser AN ACT relating to enhanced standards and criteria for substance use disorder treatment and recovery services and programs and declaring an emergency. Create a new section of KRS Chapter 222 to require the Cabinet for Health and Family Services to complete a comprehensive review of all current state licensure and quality standards for substance use disorder treatment and recovery services and programs; specify that licensure and quality standards be based on nationally recognized and evidence-based standards, standardized outcome measures, a reporting process, and conditions for reimbursement; permit fees for licensure; require the cabinet to promulgate administrative regulations to implement the licensure and quality standards by January 1, 2019, repeal KRS 222.037 and 222.212; EMERGENCY. 36-0 85-2 4/2/18
HB 128 J. Carney (R )(51), M. Marzian, K. Fleming , M. Hart, J. Tipton AN ACT relating to instruction on the Holocaust and other acts of genocide. Amend KRS 156.160 to require every public school to provide instruction on the Holocaust and other acts of genocide. 37-0 94-1 4/2/18
HB 132 J. DuPlessis (R )(25), J. Tipton, G. Brown Jr, M. Castlen, A. Gentry, J. Greer, M. Hart, K. Imes, T. Moore, C. Morgan, M. Prunty, S. Riggs, D. Schamore, S. Wells, S. Westrom AN ACT relating to financial literacy. Create a new Chapter of KRS 158 to require a financial literacy course as a high school graduation requirement; direct the Kentucky Board of Education to promulgate administrative regulations establishing academic standards for the financial literacy course; direct the Department of Education to develop curricula, materials, and guidelines which may be used by schools for the financial literacy course. 35-3 68-24 4/2/18
HB 142 J. Carney (R )(51), T. Couch, R. Huff AN ACT relating to the distribution of school funds. Amend KRS 157.410 to require the chief state school officer to prepare estimates for school district fund allotment and establish an incremental schedule for fund disbursement, allotment revisions, and equalization. 37-0 87-0 4/10/18
HB 147 M. Hart (R )(78), P. Pratt, D. Bentley, J. Carney, J. Greer, D. Horlander, M. Prunty, B. Reed, S. Riley AN ACT relating to seizure disorders in schools. Amend KRS 159.832 to apply defined terms through KRS 158.838 and define "seizure action plan"; amend KRS 158.838 to include any medication prescribed to treat seizure disorder symptoms; require seizure disorder trainings to comply with Epilepsy Foundation of America guidelines; require parent or guardian of student diagnosed with a seizure disorder to collaborate with school personnel to create a seizure action plan; require the Kentucky Board of Education to promulgate administrative regulations regarding contents and development of seizure action plans; create a new section of KRS Chapter 158 to require every public school to provide a seizure education program; require Kentucky Board of Education to promulgate administrative regulations for development and implementation of the seizure education program; amend KRS 158.070 to require a minimum of one hour of self-study review of seizure disorder materials annually for all principals, guidance counselors, and teachers; provide that the Act may be cited as the Lindsey Crunk Act. 36-1 92-1 4/13/18
HB 148 A. Wuchner (R )(66), K. Moser, R. Palumbo AN ACT relating to prescription medications in hospice programs. Create a new section of KRS Chapter 381 to shift ownership of controlled substances from a deceased hospice patient to a hospice program so the hospice program may dispose of the controlled substances. 38-0 94-0 4/14/18
Enacted over Governor's veto.
HB 158 B. Rowland (R )(21) AN ACT relating to life insurance for public employees. Amend KRS 18A.205 to permit certain individuals participating in an optional retirement plan authorized by KRS 161.567, certain individuals employed by a public postsecondary educational institution or certain local governments, and any certified or classified employee or elected member of a local board of education to obtain life insurance under the state-sponsored group life insurance policy or policies if the individual's employer opts to participate in the state-sponsored group life insurance program; amend KRS 18A.210 and 18A.215 to conform. 37-0 91-0 4/2/18
HB 167 M. Dossett (R )(9), L. Bechler, G. Brown Jr, K. King AN ACT relating to abandoned infants. Amend KRS 405.075 to establish a definition and allow the use of a "newborn safety device" related to the anonymous surrendering of a newborn infant in the Commonwealth. 37-0 89-0 4/13/18
HB 169 R. Benvenuti III (R )(88), J. Blanton, K. King, S. Lee, J. Miller, R. Mills, C. Morgan AN ACT relating to gang violence prevention and declaring an emergency. Create a new section of KRS Chapter 506 to define "criminal gang" and "pattern of criminal gang activity"; repeal and reenact KRS 506.140 to enumerate what constitutes criminal gang recruitment in the first, second, and third degree; amend KRS 506.120 to define "criminal gang syndicate" and associated penalties for defendants convicted of certain offenses committed while acting as a criminal gang syndicate; amend KRS 506.150 to revise evidence that is corroborative of the existence of a gang or gang membership; create new sections of KRS Chapter 506 to require that anyone who is found to be a member of a criminal gang at the time of commission of a felony, and who is subsequently convicted of a felony that puts the public at risk, shall be sentenced to a penalty that is one class higher than the penalty provision pertaining to the felony offense he or she was convicted of, unless the person is determined to be a persistent felony offender; establish a cause of action for a person harmed by a criminal gang or criminal gang member; create a new section of KRS Chapter 506 to state that property used by a gang or gang member in the commission of the crime shall be forfeited and disposed of in accordance with KRS 218A.405 to 218A.460; provide that this Act shall be known as the Gang Violence Prevention Act; encourage state and local law enforcement agencies to create a statewide gang violence prevention database; EMERGENCY. 59-30 71-17 4/26/18
HB 185 J. Blanton (R )(92), L. Belcher, K. Bratcher, L. Brown, M. Cantrell, J. Carney, T. Couch, J. Donohue, K. Fleming , K. Flood, C. Fugate, A. Gentry, J. Gooch Jr., D. Hale, M. Hart, R. Heath, R. Huff, K. Imes, J. Jenkins, K. King, S. Lee, R. Meyer, J. Miller, R. Mills, C. Morgan, K. Moser, R. Nelson, J. Nemes, D. Osborne, R. Palumbo, P. Pratt, M. Prunty, B. Reed, J. Richards, R. Rothenburger, S. Santoro, D. Schamore, J. Shell, J. Sims Jr, D. St. Onge, J. Stewart III, W. Thomas, J. Tipton, R. Webber, S. Westrom, A. Wuchner, J. York AN ACT relating to death-in-line-of-duty benefits and declaring an emergency. Amend KRS 16.505 to include in the definition of "dependent child," solely as it applies to a member who dies as a direct result of an act in line of duty or a duty-related injury, a disabled child of any age; define "monthly average pay" to mean the higher of a member's final rate of pay or average monthly creditable compensation earned during the deceased member's last 12 months of employment; amend KRS 16.601 and 61.621 to increase minimum act in line of duty or duty-related death benefits payable to the surviving spouse of a member of any of the systems administered by the Kentucky Retirement Systems from 25% to 75% of the deceased member's monthly average pay and, if there is no surviving spouse, to the dependent children at the rate of 50% for one dependent child, 65% for two dependent children, and 75% for three or more dependent children; amend KRS 61.510 to define "monthly average pay"; amend KRS 61.542 to provide that the surviving spouse shall supersede all previously designated beneficiaries in the case of line-of-duty death benefits payable from the systems administered by the Kentucky Retirement Systems unless the member files a valid beneficiary designation form after marriage to his or her spouse; amend KRS 61.702 to ensure full and timely hospital and medical insurance benefits for the spouse and dependents of a member who died as a direct result of an act in line of duty or duty-related injury; amend KRS 78.510 to define "monthly average pay"; provide that an eligible surviving spouse of a member who died as a result of an act line of duty or duty-related injury prior to the effective date of the Act shall receive the increased line of duty or duty-related death benefits; provide that a surviving spouse of a hazardous duty member who died as a result of an act in line of duty on or after January 1, 2017, who was ineligible for the minimum monthly death benefits because he or she was not named beneficiary shall be eligible for the benefits provided by this Act; EMERGENCY. 37-0 91-0 4/13/18
HB 187 A. Wuchner (R )(66), M. Prunty, L. Belcher, J. Blanton, D. Graham, M. Hart, J. Sims Jr, S. Wells AN ACT relating to dyslexia. Create a new section of KRS Chapter 158 to define "dyslexia" and "qualified dyslexia screening tool"; require the Department of Education to make available a dyslexia toolkit that includes guidance on the instruction of students displaying characteristics of dyslexia; require the Department of Education to collaborate with the Kentucky Collaborative Center for Literacy Development to update professional development for teachers related to dyslexia; require each local board of education to develop policies for identifying and assisting students in kindergarten through grade three with dyslexia and other learning disabilities; require school districts to report data to the Department of Education regarding dyslexia screening and results; require teacher preparation programs to include instruction on dyslexia; require the commissioner of education to select three school districts to serve as dynamic laboratories of learning. Amend KRS 158.305 to revise the definition of "dyslexia"; require local boards of education to develop policies related to the implementation of response-to-intervention; require the Department of Education, in collaboration with the Kentucky Center for Education and Workforce Statistics, to report to the Interim Joint Committees on Education and Health and Welfare by November 30 of each year regarding school districts' implementation of response-to-intervention. 37-0 87-0 4/2/18
HB 193 S. Lee (R )(45), J. Blanton, D. Mayfield, A. Wuchner AN ACT relating to assault in the third degree. Amend KRS 508.025, relating to the Class D felony of assault in the third degree, to add intentionally causing a peace officer to come in contact with bodily fluids or bodily waste to the elements of the crime; increase the criminal penalty to a Class C felony for contact with fluids which could transmit a communicable disease; and clarify that the existing provisions regarding detention facilities apply to adult and juvenile facilities. 35-1 78-11 4/26/18
HB 218 B. Rowland (R )(21), J. Greer, W. Stone AN ACT relating to insurance coverage for autism benefits. Amend KRS 304.17A-142 to remove dollar amount coverage cap; to remove age limitation on coverage; to require the coverage of all health benefit plans; to add definitions; repeal KRS 304.17A-141 and 304.17A-143. 37-0 82-0 4/2/18
HB 290 J. Carney (R )(51), D. Meade , R. Mills, D. Osborne AN ACT relating to interscholastic athletics Amend KRS 156.070 to require the state board or the agency designated by the state board to manage interscholastic athletics to allow a member school's team to play against students or a team from non-member, at-home private schools and establish the conditions under which this may occur. 36-1 76-8 4/2/18
HB 323 S. Riggs (D)(31) AN ACT relating to crimes affecting insurance. Amend KRS 304.47-020 to make technical corrections, establish range of criminal penalties resulting from conviction of insurance fraud, allow restitution to insurers that have contracted to indemify a victim, remove conviction requirement for creating private cause of action for persons damaged by violation of statute; amend KRS 431.200, 532.032, 532.034, 532.160, 532.350, 533.030, 533.254, and 610.030 to allow restitution to insurers that have contracted to indemnify a victim, amend KRS 439.3107, 439.563, 532.162, 532.356, 532.358, and 446.010 to conform. 37-0 83-0 4/26/18
HB 324 D. St. Onge (R )(63), S. Westrom AN ACT relating to trespass. Create a new section of KRS Chapter 511, to establish the offense of trespass upon key infrastructure assets. 37-0 90-1 4/3/18
HB 356 J. Petrie (R )(16) AN ACT relating to sex offender registrants. Amend KRS 17.545 to prohibit a sex offender registrant who is 18 years of age or older and has committed a criminal offense against a victim who is a minor from having the same residence as a minor; provide an exception if the registrant is the minor's spouse, parent, grandparent, stepparent, sibling, stepsibling, or court-appointed guardian of the minor, unless the minor was a victim of the registrant. 38-0 86-0 4/26/18
HB 360 J. Carney (R )(51) AN ACT relating to state agency children. Amend KRS 158.135 to include in the definition of "state agency children" those children referred by a family accountability, intervention, and response team to a Department of Juvenile Justice operated or contracted day treatment program. 37-0 82-0 4/2/18
HB 367 A. Wuchner (R )(66), D. Graham, B. Rowland, S. Westrom AN ACT establishing support for dyslexia and making an appropriation therefor. Create a new section of KRS Chapter 157 to create a dyslexia trust fund to be administered by the Kentucky Department of Education to finance grants to school districts for support of students identified with characteristics of dyslexia; require a report on expenditures from the fund; create a new section of KRS Chapter 186 to create a Dyslexia Ready to Read special license plate with extra fees funding the dyslexia trust fund; amend KRS 186.162 to establish the fees for the Dyslexia Ready to Read special license plate; amend KRS 186.166 to update the list of license plates to include the Dyslexia Ready to Read special license plate; APPROPRIATION; EFFECTIVE January 1, 2019. 37-0 87-0 4/26/18
HB 373 R. Benvenuti III (R )(88), D. Osborne AN ACT relating to disclosure of body-worn camera recordings. Create a new section of KRS Chapter 61 to provide definitions; specify that body-worn camera recordings are governed by the Kentucky Open Records Act and the retention of body-worn camera recordings is governed by KRS 171.410 to 170.740; provide exceptions as to when a public agency may elect not to disclose body-worn camera recordings; specify procedures for requesting body- worn camera recordings; require that any person or agency that wishes to disclose, publicly display, or duplicate body-worn camera recordings must first give notice to any non-law enforcement agency or person depicted in the recording; create a new cause of action for enumerated persons who are not provided notice of disclosure of the recording; clarify that nothing in this section should be interpreted to override KRS 17.150 or the laws governing discovery in either criminal or civil litigation or in an administrative proceeding. 35-2 94-2 4/10/18
HB 429 J. Petrie (R )(16) AN ACT relating to reorganization. Amend KRS 196.026 to add a Division of Education to the Office of Adult Institutions in the Department of Corrections; confirm Executive Order 2017-268, dated May 1, 2017. 38-0 85-0 4/26/18
HB 454 A. Wuchner (R )(66), J. Fischer, L. Bechler, D. Bentley, M. Castlen, J. DuPlessis, D. Elliott, C. Fugate, R. Goforth, M. Hart, K. King, S. Lee, D. Meade , J. Miller, R. Mills, T. Moore, D. Osborne, P. Pratt, M. Prunty, B. Reed, R. Rothenburger, W. Thomas, J. Tipton AN ACT relating to the human rights of unborn children and declaring an emergency. Create a new section of KRS 311.710 to 311.820 to prohibit an abortion on a pregnant woman that will result in the bodily dismemberment, crushing, or human vivisection of the unborn child when the probable post-fertilization age of the unborn child is 11 weeks or greater, except in the case of a medical emergency; amend KRS 311.990 to provide that a person who violates the prohibition is guilty of a Class D felony; EMERGENCY. 31-5 75-13 4/10/18
HB 517 C. McCoy (R )(50), J. Petrie, B. Reed AN ACT relating to grandparent visitation. Amend KRS 405.021 to create a presumption that grandparent visitation is in the child's best interest when there is a significant and viable relationship between the child and grandparent, and the parent who is the child of the grandparent is deceased; amend KRS 620.090 to require the court to consider granting visitation rights to the grandparents who are not granted temporary custody. 38-0 87-0 4/26/18
HB 527 S. Riley (R )(23), J. Carney, M. Prunty, B. Reed AN ACT relating to the educational stability of children in out-of-home placements. Create a new section of KRS 199.800 to 199.805 to provide that the Department for Community Based Services shall place a foster child within the school district where the child was enrolled immediately prior to placement if practicable; require the department to make the determination on whether a foster child shall remain enrolled in the school of origin based upon a determination of the best interest of the child; provide that the cost of transportation shall not be a factor in the determination of the best interest of the child; require reasonable transportation to be offered if the department determines it is in the best interest of the child to remain enrolled in the school of origin after placement in a new school district; establish procedures for enrolling a foster child if changing the child's school of enrollment is in the best interest of the child; require the district in which the foster child is enrolled upon successful completion of high school graduation requirements to issue a diploma to the child. 37-0 95-0 4/10/18
HB 528 J. Petrie (R )(16), K. Bratcher, J. DuPlessis, J. Fischer, M. Hart, K. Imes, D. Meade , R. Mills, J. Nemes, D. Osborne, W. Thomas AN ACT relating to joint custody. Amend KRS 403.270 to create a presumption that joint custody and equally shared parenting time is in the best interrest of the child, and to require the court to consider the motiviation of the aduts involved when determining the best interest of the child for custody orders; amend KRS 403.280 to specify that the presumption of joint custody and equal parenting time is in the best interest of the child; amend KRS 403.320 to allow a parent not granted custody or shared parenting time to petition for reasonable visitation rights; amend KRS 403.340 to specify that if a court modifies a custody decree there is a rebuttable presumption that it is in the best interest of the child for the parents to have joint custody and equally shared parenting time. 38-0 81-2 4/26/18
HB 586 J. Tipton (R )(53), J. Richards AN ACT relating to the maintenance of teacher certification. Amend KRS 161.095 to require the Education Professional Standards Board to extend the validity period of a certificate of a member of the Armed Forces of the United States of America by one year for each year the member is determined by the board to have been prohibited by military service or training from pursuing an advanced degree or completing professional development required to maintain certification; require the Education Professional Standards Board to promulgate administrative regulations to establish an application process and develop guidelines for the process by which education or professional development is considered to have been prohibited by military service. 37-0 84-0 4/10/18
HRC 35 DJ Johnson (R )(13), K. Moser AN ACT relating to controlled substances. Urge Congress to amend the federal Controlled Substances Act to remove hemp from the definition of marijuana. 36-0 93-2 4/2/18
HJR 33 D. Elliott (R )(54) AN ACT relating to adult guardianship. Recommend that the Cabinet for Health and Family Services and the Administrative Office of the Courts create a pilot Working Interdisciplinary Networks of Guardianship Stakeholders, or WINGS, to examine how Kentucky's adult guardianship is working and to identify needed changes. 37-0 87-0 4/2/18

 

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