2020 Legislative Summary

                                                          2020 Kentucky General Assembly
                                                        

The 2020 Kentucky General Assembly was in session from January through April 2020.  It was a constitutionally-structured even-year session. The Kentucky legislature convenes in regular session on the first Tuesday after the first Monday in January and may not last more than 60 legislative days in even-numbered years. The Kentucky Constitution mandates that a regular session be completed no later than April 15 in even-numbered years. Normally, the 2020 session would have included the biennial budget. However, due to the global COVID-19 pandemic, the legislature only passed an annual budget.

A “legislative day” is defined as a calendar day, excluding Sundays, legal holidays, and any day on which neither house meets.

In total, 647 House Bills and 286 Senate Bills were introduced this year. By comparison, in 2018 (the previous even-year session) 615 House Bills and 272 Senate Bills were introduced.

The summary below includes legislation passed by the 2020 General Assembly that relates to school safety, education, child welfare, mental health, sex offender registration, human trafficking, female genital mutilation and rights of victims of sexual offenses.

It includes 7 House Bills and 10 Senate Bills.

 

2020 General Assembly: Legislation by Chamber
BILL NUMBER SPONSOR(S) BILL TITLE BILL SUMMARY SENATE VOTE HOUSE VOTE GOV'S SIGNATURE
Senate
SB 8 Max Wise (R )(16), T. Buford, R. Alvarado, D. Carroll, C. Embry Jr., D. Givens, S. Humphries, R. Mills, D. Thayer, J. Turner, S. West, M. Wilson AN ACT relating to school safety and declaring an emergency. Amend KRS 158.441 to clarify the definition of "school resource officer"; amend KRS 158.4412 to allow the superintendent to specify any individual to serve as the district's school safety coordinator; amend KRS 158.4414 to clarify which facilities are required to have school resource officers and to require that school resource officers are armed with a firearm; amend KRS 158.4416 to specify that the goal is to have at least one school counselor per public school and to have at least one school counselor or school-based mental health services provider for every 250 students; amend KRS 61.902 to specify that the commission of a special law enforcement officer employed as a school resource officer shall be for four years; amend KRS 156.095 to specify that the Kentucky Department of Criminal Justice Training is to prepare an active shooter training video in consultation with the Department of Education; amend KRS 158.162 to include exceptions to locked classroom doors; amend KRS 508.078 to clarify when a person is guilty of terroristic threatening; amend KRS 16.128, 1.315, 70.062, and 95.970 to conform. 34-1 78-8 2/21/2020
SB 40 Ralph Alvarado (R )(28) AN ACT relating to child welfare. Amend KRS 194A.062 to require front-line staff to submit to national and state fingerprint-supported background checks; amend KRS 199.8966 to define the term "staff member" and to require national and state fingerprint-supported background checks of staff members of child-placing agencies in Kentucky in addition to staff members of child-caring facilities. 35-0 72-12 3/27/2020
SB 42 D. Harper Angel (D)(35), J. Adams, T. Buford, D. Carroll, A. Kerr, M. McGarvey, R. Mills, G. Neal, D. Parrett, R. Thomas, J. Turner, M. Wise AN ACT relating to student health and safety. Create a new section of KRS Chapter 158 to require any student identification badge issued to a public middle or high school student to contain the contact information for national crisis hotlines specializing in domestic violence, sexual assault, and suicide; apply the requirement to public charter schools; require the Cabinet for Health and Family Services to publish recommendations for at least one national crisis hotline in each specialized area; create a new section of KRS Chapter 164 to require any student identification badge issued by a public or private postsecondary institution or other institution that offers a postsecondary degree, certificate, or license to contain the contact information for national crisis hotlines specializing in domestic assault, sexual assault, and suicide. 35-1 79-5 3/27/2020
SB 63 Jimmy Higdon(R )(14), M. Wise AN ACT relating to high school programs. Amend KRS 158.100 to include virtual high school completion programs, give local board authority to establish program, identify the purpose of such programs, outline enrollment eligibility requirements, identify graduation requirements for enrollees of the program, authorize schools to charge students tuition and fees for the program, require that an enrollee in the program be at least 21 years old, establish school requirements for eligibility, and allow a district to choose between requiring completion of graduation requirements at the time of drop out or the requirements in place currently. 38-0 94-1 3/17/2020
SB 72 J. Adams (R )(36), W. Westerfield, R. Alvarado, T. Buford, D. Carroll, R. Girdler, D. Harper Angel, P. Hornback, A. Kerr, M. McGarvey, S. Meredith, G. Neal AN ACT relating to female genital mutilation and declaring an emergency. Create a new section of KRS Chapter 508 to define "female genital mutilation" and create the Class B felony of female genital mutilation; create a new section of KRS Chapter 211 to require the Department for Public Health in the Cabinet for Health and Family Services to develop, produce, and disseminate educational materials related to female genital mutilation; amend KRS 15.334 to require law enforcement training on female genital mutilation; amend KRS 311.595 to require a conviction of female genital mutilation to result in mandatory revocation of a physician's license; create a new section of KRS Chapter 413 to permit civil action for female genital mutilation for ten years; amend KRS 620.020 to include female genital mutilation in the definition of "abused or neglected child"; amend KRS 620.030 to provide that if a person knows or has reasonable cause to believe that a child is a victim of female genital mutilation, then that person shall immediately make an oral or written report to the appropriate authorities; create a new section of KRS Chapter 620 to require a report on female genital mutilation reports to the Cabinet for Health and Family Services; EMERGENCY. 38-0 84-0 4/2/2020
SB79 Julie Raque Adams (R)(36) AN ACT relating to school background checks. Amend KRS 160.380, relating to the employment of school personnel, to define "administrative findings of child abuse or neglect" to mean a substantiated finding of child abuse or neglect that is upheld on appeal or not appealed; amend the definition of "clear CA/N check" to include administrative findings instead of substantiated findings; remove the requirement that an existing school district employee self-report a substantiated finding of child abuse or neglect to the superintendent. 35-1 94-1 3/24/2020
SB 82 Julie Raque Adams. (R )(36), M. McGarvey, G. Neal, R. Thomas AN ACT establishing the Kentucky Eating Disorder Council and making an appropriation therefor. Create a new section of KRS Chapter 210 to establish the Kentucky Eating Disorder Council in the Cabinet for Health and Family Services; set forth membership and duties; require a report annually beginning December 1, 2020; sunset the council on December 1, 2030, unless otherwise reestablished by the General Assembly. 34-0 79-5 3/27/2020
SB 101 Mike Wilson (R)(32), M. Wise AN ACT relating to awarding of credit under articulation agreements. Amend KRS 164.2951 to require the Council on Postsecondary Education to facilitate the implementation of a standardized articulation agreement for each approved high school career pathway to be honored at any public college or university. 38-0 81-2 3/27/2020
SB 122 JulieRaque Adams (R)(36) AN ACT relating to assisted outpatient mental health treatment. Amend KRS 202A.0815 to permit a person to be court-ordered into assisted outpatient mental health treatment if the person has be involuntarily hospitalized at least twice in the past 24 months instead of twice in the past 12 months. 33-1 93-1 3/24/2020
SB 193 Julie Raque Adams (R)(36), D. Thayer, R. Alvarado, M. Wise AN ACT relating to educational goals. Amend KRS 158.849 to establish a goal of increasing participation in computer science courses by underrepresented groups; require the Department of Education to submit an annual report on public school students participating in computer science courses. 37-1 83-1 3/27/2020
House of Representatives
HB 2 S. Miles (R )(7), J. Petrie, T. Bojanowski, D. Frazier, A. Hatton, R. Heath, S. Heavrin, N. Kulkarni, C. Massey, C. McCoy, D. Meade , J. Miller, D. Osborne, R. Palumbo, P. Pratt, N. Tate AN ACT relating to human trafficking and making an appropriation therefor. Amend KRS 17.500 to add offenses to what qualifies as a sex crime; amend KRS 49.370 to state that a human trafficking victim's cooperation shall not disqualify the victim from a claim; create a new section of KRS Chapter 183 to require airports to post a human trafficking hotline in publicly accessible bathrooms; create a new section of KRS Chapter 277 to require passenger train stations to post a human trafficking hotline in publicly accessible bathrooms; create a new section of KRS Chapter 281 to require truck stops to post a human trafficking hotline in publicly accessible bathrooms; amend KRS 529.010 to create new definitions related to human trafficking; amend KRS 529.100 to specifically list the elements of human trafficking; amend KRS 529.130 to state that $10,000 is the minimum fine to be paid to the human trafficking victims fund for a conviction of human trafficking; amend KRS 529.140 to add to the list of functions that may be funded by the human traffikcing victims fund; amend KRS 529.180 to list defenses that are not available to a defendant charged with human trafficking. 33-0 87-0 4/2/2020
HB 135 S. Sheldon (R )(17), J. Blanton, T. Bojanowski, K. Bratcher, J. DuPlessis, D. Elliott, K. Flood, D. Graham, R. Huff, D. Lewis, C. Massey, R. Palumbo, P. Pratt, J. Raymond, R. Roberts, D. Schamore, J. Sims Jr, A. Tackett Laferty, L. Yates AN ACT relating to licensees of the Kentucky Board of Medical Licensure. Amend KRS 311.842 to require the Kentucky Board of Medical Licensure to promulgate administrative regulations relating the prescribing of controlled substances by physician assistants; amend KRS 311.844 to establish continuing education requirements for physician assistants who are authorized to prescribe controlled substances; amend KRS 311.850 to permit the board to take action against the license of a physician's assistant for certain sexual offenses, for being unable to practice medicine due to physical or mental illness, or for engaging in dishonorable, unethical, or unprofessional conduct; amend KRS 311.854 to permit the executive director of the board to temporarily approve an application for licensure and to require the board to review and approve or deny the application; 311.856 to conform; amend 311.858 to establish the process by which a physician assistant can apply for authorization to prescribe and administer controlled substances and to establish limitations on prescriptions for controlled substances issued by a physician assistant; create a new section of KRS 311.840 to 311.862 to permit a hearing or inquiry panel to order a physician assistant to undergo a physical or mental examination; create a new section of KRS 311.840 to 311.862 to permit a hearing or inquiry panel to order a physician assistant to complete a clinical competency examination or clinical skills assessment; amend KRS 311.616 to expand the impaired physicians program to include physician assistants; amend KRS 311.617 to expand the Kentucky Physicians Health Foundation to include physician assistants; amend KRS 311.619 to provide confidentiality to physician assistants participating in the impaired physician and physician assistants program; and amend KRS 218A.010 to amend the definition of practitioner. 32-0 91-1 3/27/2020
HB 153 Kim Moser (R )(64), K. Banta, L. Bechler, D. Bentley, T. Bojanowski, D. Frazier, C. Freeland, A. Gentry, D. Graham, J. Graviss, R. Heath, R. Huff, T. Huff, J. Jenkins, A. Koenig, S. Lewis, C. Massey, R. Meeks, C. Miller, P. Minter, J. Nemes, R. Palumbo, M. Prunty, S. Riley, R. Roberts, S. Santoro, S. Sheldon, N. Tate, W. Thomas, S. Westrom, B. Wheatley, L. Willner AN ACT relating to mental health first aid training and making an appropriation therefor. Create a new section of KRS Chapter 210 to establish the Kentucky Mental Health First Aid Training Program or similar program to be administered by the Cabinet for Health and Family Services, subject to appropriation by the General Assembly or funding from other sources; list objectives of the training program; direct how grants are to be awarded; require the cabinet to promulgate administrative regulations to implement the program; create the Kentucky Mental Health First Aid Training fund; require moneys from the fund to be used for the training program. 34-0 93-0 3/17/2020
HB 204 S. Maddox (R )(61), M. Hart, K. King AN ACT relating to sex offender registrants. Amend KRS 17.545 to prohibit sex offender registrants from living within 1,000 feet of a publicly leased playground and from being on the grounds of a publicly leased playground. 36-0 86-9 3/17/2020
HB 256 Joseph Fischer (R )(68), K. Banta, J. Blanton, C. Harris, K. King, S. Lee, C. Massey, S. Santoro AN ACT relating to the rights of victims of sexual offenses. Amend KRS 403.322 to specify that a felony offense from another jurisdiction that leads to the conception and delivery of a child eliminates custody and visitation rights for the offender; amend KRS 405.028 to specify that a felony offense from another jurisdiction that leads to the conception and delivery of a child eliminates custody and visitation rights for the offender; amend KRS 625.050 to allow a de facto custodian of a child born as a result of a felony offense of KRS Chapter 510 to initiate an action for involuntary termination of parental rights; create a new section of KRS Chapter 625 to require the circuit court to involuntarily terminate the parental rights of a person convicted of a felony offense of KRS Chapter 510 that leads to a child. 34-0 84-0 3/24/2020
HB 266 M. Koch (R )(72), A. Gentry, C. Massey, C. Miller, D. Schamore AN ACT relating to children of military families. Amend KRS 159.075 to include parents or guardians who are transferring to a reserve component or separating from the military under honorable conditions; include a home under contract to be built as a qualifying residence; allow qualifying students to temporarily reside outside of district if the housing is unavailable and be included in the attending district's average daily attendance. 34-0 86-0 3/24/2020
HB 312 D. Meade (R )(80) , K. Banta, C. Freeland, S. Heavrin, R. Huff, K. King, R. Palumbo, P. Pratt, S. Westrom AN ACT relating to children. Amend KRS 158.448 to require the Kentucky Department of Education(KDE) to develop processes to promote more expeditious enrollment of students in foster care who are transferring to a new school or district, and the sharing of information among schools, school districts, the Cabinet for Health and Family Services(CHFS), and a child’s caseworker; amend KRS 159.170 require that KDE allow a school district’s foster care liaison to directly obtain a student’s records without requiring staff at the former district to release them first; create a new section of KRS Chapter 199 to provide that educational records released from a school to CHFS, a private agency, or a child’s caseworker, shall be limited to the purpose of serving the needs of the student and shall only be released to persons authorized by statute to receive the records; amend KRS 199.640 to require child-placing agencies to have written policies and procedures to explain their outreach activities undertaken to develop cooperative relationships with local school districts and allow the agencies to release information to authorized school staff where a child is enrolling; amend KRS 199.660 to require child-placing agencies to notify CHFS and each other through a registry when a foster family home is closed and require child-placing agencies to ensure that their homes understand and actively support the educational needs of their children through training and support; amend KRS 199.801 to conform; amend KRS 199.802 to require that the child’s caseworker shall accompany the child to the new school to enroll the child or contact the school via telephone during the day of enrollment and provide as much information as is known; require a new enrolling school to immediately obtain all school records of an enrolling foster child without needing to first request a release from prior district; require all educational records to be shared with CHFS and the child’s caseworker on a confidential basis; allow CHFS, private agencies, and the caseworker to share information with the school and teachers as to a child’s unique needs. 31-0 91-0 3/27/2020

 

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