KLC 2020 Legislative Update

2020 

KENTUCKY LEAGUE OF CITIES 

LEGISLATIVE 

UPDATE

2020 KLC LEGISLATIVE UPDATE 

TABLE OF CONTENTS 

Alcoholic Beverages ---------------------------------------------------------------- 

Section 1 

HB 415 

SB 99 

Direct Shipment of Alcoholic Beverages 

Alcoholic Beverage Control Measures 

Emergency Services ---------------------------------------------------------------- 

Section 2 

HB 8 

HB 351 

HB 357 

Ground Ambulance Service Providers 

Ambulance Service Contracts 

Emergency Medical Services Reciprocity 

Fire Protection ----------------------------------------------------------------------- 

Section 3 

HB 351 

HB 375 

Firefighters Foundation Program Fund 

Kentucky Fire Commission 

Law Enforcement -------------------------------------------------------------------- 

Section 4 

HB 298 

SB 111 

SB 111 

Police Pursuit Policies 

Peace Officer Certification 

Public Safety Personnel Killed in the Line of Duty 

Local Government Administration --------------------------------------------- Section 5 

HB 98 

HB 204 

HB 378 

HB 382 

Building Code Violations 

Sex Offender Registrants 

Lien Filing Fees 

Operation of Golf Carts

Local Government Procedures ------------------------------------------------ 

Section 6 

HB 195 

HB 570 

SB 5 

Publication of Local Government Legal Advertisements 

Interlocal Agreements 

Special Purpose Governmental Entities 

Public Health ----------------------------------------------------------------------- 

Section 7 

HB 344 

HCR 5 

SB 56 

SB 150 

Access to Prescription Drug Monitoring Data 

Research on Marijuana for Medical Purposes 

Sale of Tobacco, Alternative Nicotine, and Vapor Products 

COVID-19 Relief 

Public Safety ------------------------------------------------------------------------ 

Section 8 

HB 44 

HB 242 

HR 135 

Key Infrastructure Assets 

Transportation of Over Dimensional Loads 

Kentucky Emergency Preparedness Task Force 

Retirement & Pensions ---------------------------------------------------------- 

Section 9 

HB 271 

HB 479 

HB 484 

SB 239 

SB 249 

Death-in-the-Line-of-Duty Benefits 

Retirement Funds of Urban County Governments 

CERS Separation 

Local Government Pension Issues 

Reset of CERS Amortization Period 

Fiscal Matters ----------------------------------------------------------------------- 

Section 10 

HB 351 

HB 352 

Revenue Measures 

Executive Branch Budget

2020 KLC LEGISLATIVE UPDATE TABLE OF CONTENTS 

School Safety --------------------------------------------------------------------- Section 11 

SB 8 

SB 239 

School Safety Measures 

Reemployment of Retired Police Officers 

Telecommunications ----------------------------------------------------------- 

Section 12 

HB 208 

HB 229 

HB 362 

Commercial Mobile Radio Service Charges 

911 Services 

Broadband Deployment 

Page Number by House Bill 

HB 8 Ground Ambulance Service Providers ··········································· Page 11 

HB 44 Key Infrastructure Assets ································································ Page 30 

HB 98 Building Code Violations ································································ Page 20 

HB 195 Publication of Local Government Legal Advertisements ·············· Page 22 

HB 204 Sex Offender Registrants ································································ Page 20 

HB 208 Commercial Mobile Radio Service Charges ··································· Page 42 

HB 229 911 Services ····················································································· Page 42 

HB 242 Transportation of Over Dimensional Loads ··································· Page 30 

HB 271 Death-in-the-Line-of-Duty Benefits ··············································· Page 32 

HB 298 Police Pursuit Policies ···································································· Page 17 

HB 344 Access to Prescription Drug Monitoring Data ································ Page 27 

HB 351 Ambulance Service Contracts ························································ Page 13 

HB 351 Firefighters Foundation Program Fund ········································· Page 14 

HB 351 Revenue Measures ·········································································· Page 38 

HB 352 Executive Branch Budget ································································ Page 39 

HB 357 Emergency Medical Services Reciprocity ······································ Page 13 

HB 362 Broadband Deployment ································································· Page 43

HB 375 

HB 378 

HB 382 

HB 415 

HB 479 

HB 484 

HB 570 

HCR 5 

HR 135 

Kentucky Fire Commission ····························································· Page 14 

Lien Filing Fees ················································································ Page 21 

Operation of Golf Carts ··································································· Page 21 

Direct Shipment of Alcoholic Beverages ········································ Page 8 

Retirement Funds of Urban County Governments ························ Page 32 

CERS Separation ············································································· Page 33 

Interlocal Agreements ···································································· Page 24 

Research on Marijuana for Medical Purposes ······························· Page 27 

Kentucky Emergency Preparedness Task Force ···························· Page 30 

Page Number by Senate Bill 

SB 5 

SB 8 

SB 56 

SB 99 

SB 111 

SB 111 

SB 150 

SB 239 

SB 239 

SB 249 

Special Purpose Governmental Entities ········································ Page 25 

School Safety Measures ·································································· Page 41 

Sale of Tobacco Products ······························································· Page 28 

Alcoholic Beverage Control Measures ··········································· Page 9 

Peace Officer Certification ······························································ Page 19 

Public Safety Personnel Killed in the Line of Duty ························ Page 19 

COVID-19 Relief ··············································································· Page 28 

Local Government Pension Issues ················································· Page 36 

Reemployment of Retired Police Officers ······································ Page 41 

Reset of CERS Amortization Period ················································ Page 37 

NOTE 

The effective date of all legislation enacted by the 2020 Regular Session of the General Assembly is 

July 15, 2020, except for measures containing emergency or delayed effective date provisions (OAG 

20-08). If a bill reported in this update becomes effective on a date other than July 15, 2020, it is 

noted in the summary of the bill.

Dear members and friends of KLC, 

The 2020 Regular Session of the Kentucky General Assembly was unprecedented. We are grateful to the 

city officials, advocates and legislators who joined us in this critical time to champion legislation that 

positively impacts cities. When the COVID-19 pandemic struck, KLC worked to ensure measures were 

enacted to assist cities in dealing with the crisis. Senate Bill 150 includes provisions to help cities meet 

open records and open meetings requirements during the public health emergency, and the bill affords 

local governments more leeway in meeting certain deadlines and collecting taxes. 

We also understand that revenue is a top concern as cities cope with the long-term ramifications of the 

pandemic. The County Employees Retirement System (CERS) rate freeze in Senate Bill 249 should provide 

some relief for struggling city budgets. Additionally, House Bill 357 and House Bill 351 give cities more 

options for hiring and maintaining emergency medical personnel. 

The 2020 session brought the passage of House Bill 484, the #freeCERS bill that employee and employer 

groups have sought for several years. The legislation creates a CERS Board of Trustees with decisionmaking 

authority for the CERS trust. We will monitor implementation of the legislation, which goes into 

effect next year, as the search begins for qualified members to sit on the new board. Legislators passed 

measures to modernize the Interlocal Cooperation Act, restore more than $1 million in funding to local 911 

call centers and save local governments on publication costs. 

In all, 41% of the bills KLC championed will now become law, including 10 bills that were identified by the 

KLC Board of Directors as initiatives. A summary of all legislation passed in the 2020 session that impacts 

cities is included in this publication. We are now looking to 2021, and we expect revenue issues to be a 

top concern. Legislators only adopted a one-year budget in the 2020 session, because of the pandemic, 

so they will have to formulate a plan for Fiscal Year 2022. KLC will make sure they are informed about the 

challenges facing revenue-limited cities. 

If you have any suggestions for the upcoming legislative session, please send us an email or give us a call 

at (800) 876-4552. We are here to serve you as the united voice for cities! Thank you for entrusting us to 

advocate on your behalf and for supporting your local community. 

Sincerely, 

J.D. & Bryanna

A MESSAGE FROM KLC 

J.D. CHANEY 

EXECUTIVE DIRECTOR/CEO 

BRYANNA L. CARROLL 

DIRECTOR OF GOVERNMENTAL AFFAIRS

1) ALCOHOLIC BEVERAGES 

House Bill 415 

DIRECT SHIPMENT OF ALCOHOLIC BEVERAGES 

Sponsor: Representative Adam Koenig (R-Erlanger) 

HB 415 creates new sections of KRS Chapter 243 to permit direct shipper licenses to be issued by 

the Department of Alcoholic Beverage Control to a manufacturer in Kentucky or any other state for 

shipment of alcoholic beverages directly to consumers of legal age. The manufacturer shall: (1) ship only 

alcoholic beverages produced by the manufacturer and sold under a brand name owned or exclusively 

licensed to the manufacturer; (2) pay an annual license fee of $100; and (3) if located out of state, provide a 

copy of the manufacturer’s current license, permit, or other authorization to manufacture alcoholic 

beverages in the state where the manufacturer is located. 

Each direct shipper licensee shall file a quarterly report with the Department of Alcoholic Beverage 

Control and the Department of Revenue showing: (1) the total amount of alcoholic beverages shipped into 

the state per consumer; (2) the name and address of each consumer; (3) the purchase price of the alcoholic 

beverages shipped and the amount of taxes charged to the consumer for the alcoholic beverages shipped; 

and (4) the name and address of each common carrier. 

A direct shipper licensee may sell or ship to a consumer all types of alcoholic beverages that the 

licensee is authorized to sell with the following limits: (1) distilled spirits, including souvenir packages, in 

quantities not to exceed 10 liters per consumer per month; (2) wine in quantities not to exceed 10 cases per 

consumer per month; and (3) malt beverages in quantities not to exceed the 10 cases per consumer per 

month. Small farm wineries and microbreweries holding a direct shipper license may also sell or ship to 

consumers. All shipments or deliveries must be made through a licensed common carrier. 

All shipments must be conspicuously labeled, “Contains alcohol: Signature of person age 21 or 

older required for delivery.” The recipient of the shipment must provide valid identification. A direct 

shipper licensee may not sell or ship alcoholic beverages to a consumer if the consumer’s address is in an 

area in which alcoholic beverages may not be sold or received. 

For tax purposes, each sale and delivery of alcoholic beverages pursuant to a direct shipper license 

is considered a sale at the address of the consumer. All applicable taxes must be included in the selling 

price and separately identified on the consumer’s invoice for collection by the direct shipper licensee from 

the consumer. Applicable taxes include sales and use tax, excise tax, wholesale tax, and local government 

regulatory license fees. 

Representative Adam Koenig 

(R-Erlanger) speaks to the members of the 

House Licensing, Occupations and 

Administrative Regulations Committee. 

Photo Courtesy: LRC Public Information 

www.KLC.org 

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KRS 243.075 is amended to require a direct shipper licensee to collect and remit regulatory 

license fees imposed by a city or county as if it were an establishment located in the city or county 

licensed to sell alcoholic beverages. To assist in collection of regulatory license fees from direct shipper 

licensees, any city or county imposing a regulatory license fee shall file with the Department of Alcoholic 

Beverage Control a report showing the applicable fee amount and remittance address for each affected 

license type in its jurisdiction on or before August 1, 2020. Any adoption or modification of a fee after July 

15, 2020, shall be reported to the department within 30 days of the adoption or modification by the city or 

county imposing the fee. 

Senate Bill 99 

ALCOHOLIC BEVERAGE CONTROL MEASURES 

Sponsor: Senator John Schickel (R-Union) 

SB 99 amends various provisions of KRS Chapters 241 to 244 relating to alcoholic beverages, 

including provisions authorizing local-option elections for the sale of alcoholic beverages at 

microbreweries and distilleries. 

• A new section of KRS Chapter 242 is created to permit a local-option election approving or 

disapproving the sale of alcoholic beverages at a microbrewery located in a precinct in any 

dry or moist county or city in which a microbrewery is located or proposed. If the majority of 

the votes in an election are “yes,” a nonquota type 4 retail malt beverage drink license and a 

nonquota retail malt beverage package license may be issued to a microbrewer located 

within the precinct. 

• KRS 242.1243 is amended to remove the provision that prohibits local-option elections for the 

sale of alcoholic beverages at distilleries after July 15, 2019. 

Other provisions: 

• KRS 241.010 is amended to revise the definition of “private club” to include a nonprofit or forprofit 

entity maintaining or operating a club room, club rooms, or premises from which the 

general public is excluded. 

• KRS 242.1241 is amended to remove the provision prohibiting the sale of alcoholic beverages at 

a licensed small farm winery before 1:00 p.m. on Sundays. 

• KRS 243.0305 is amended to allow distillery gift shops to sell products produced in collaboration 

with a brewer or microbrewer in packages that are not exclusive to the gift shop. 

• KRS 243.0307 is amended to permit a sampling license to be issued to the holder of a nonquota 

retail malt beverage package license and a nonquota type 4 retail malt beverage drink license. A 

malt beverage sampling license limits a customer to 12 ounces of malt beverage samples per 

day. A brewer, microbrewery, or out-of-state malt beverage supplier may conduct a sampling of 

malt beverages at the licensed premise of a retailer licensee holding a sampling license. 

• KRS 243.086 is amended to remove the requirement that a private club be in existence for longer 

than one year prior to applying for a nonquota type 3 retail drink license. 


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• KRS 243.100 is amended to remove the requirement that a licensee be a citizen of the United 

States with residency in Kentucky for at least one year before the date on which the application 

for a license is made. 

• KRS 243.110 is amended to permit the holder of a quota retail package license to also hold a 

nonquota type 3 retail drink license. 

• KRS 243.120 is amended to establish a minimum production amount for distillery licensees. The 

manufacture of distilled spirits at the distillery shall not be less than 600 gallons in one year. 

• KRS 244.085 is amended to permit persons under age 21 to be on the premises where alcoholic 

beverages are sold by the drink or consumed if the usual and customary business of the licensee 

is live music or other entertainment in a public facility. 

• KRS 243.155 is amended to increase the number of gallons of wine a small farm winery may 

produce in one year from 100,000 to 500,000 gallons. 

• KRS 244.461 is amended to permit manufacturers and importers of malt beverages to advertise 

and promote malt beverages by specific brand for off-premises consumption by use of rebate 

coupons redeemable by mail-in certificate. 

• KRS 244.500 is amended to permit brewer-sponsored national sweepstakes in which rebates 

and price discount coupons are given to consumers based on certificates found in malt 

beverage packages or point-of-sale materials. 

Left to right, Senator John 

Schickel (R-Union) speaks with 

Senator Brandon Smith 

(R-Hazard) in the Senate. 

Photo Courtesy: LRC Public 

Information 


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2) EMERGENCY SERVICES 

House Bill 8 

GROUND AMBULANCE SERVICE PROVIDERS 

Sponsor: Representative Rob Rothenburger (R-Shelbyville) 

HB 8 amends sections of KRS Chapter 142 relating to health care provider taxes and creates new 

sections of KRS Chapter 205 relating to public assistance programs to establish a Medicaid ambulance 

service provider assessment to assist ground ambulance providers with a disproportionate number of 

transports billed for payment by the state Medicaid program. “Ground ambulance provider” is defined to 

mean a Class I, II, or III ground ambulance provider described in KRS 311A.030. 

New sections of KRS Chapters 142 and 205 are created to require a ground ambulance provider to 

pay an assessment to the Department of Revenue in an amount established by the Department for 

Medicaid Services. The assessment shall not be implemented until after the Department for Medicaid 

Services receives notice from the Centers for Medicare and Medicaid Services approving federal matching 

funds. A ground ambulance provider shall not increase charges or add a surcharge to ground transport fees 

based on, or as a result of, the assessment paid to the department. Upon approval by the Centers for 

Medicare and Medicaid Services of the assessment for fee-for-service rates effective on or after July 1, 2020, 

the Cabinet shall reimburse each ground ambulance provider that provided qualifying ground ambulance 

service transports during the relevant assessment period an amount not to exceed the emergency medical 

services ambulance rates adopted by the Cabinet for Health and Family Services. 

The Department for Medicaid Services shall promulgate administrative regulations to establish the 

standards and procedures necessary to implement the Medicaid ambulance service provider assessment, 

including standards and procedures to: (1) calculate an assessment on emergency ground transport 

collections; (2) administer assessment proceeds; (3) apply uniformly to all assessed ground ambulance 

providers any annual changes to the assessment rate; and (4) evaluate current ground ambulance provider 

reimbursement rates paid by managed care organizations and require rate increases consistent with 

current fee-for-service reimbursement rates and maintenance of an adequate network of ambulance 

service providers. The assessment shall not generate more than the maximum amount approved by the 

Centers for Medicare and Medicaid Services. 

Within 90 days after July 15, 2020, the commissioner of the Department for Medicaid Services shall 

determine whether a state plan amendment or an amendment to any Kentucky federal Medicaid waiver is 

required to implement the Act. If the commissioner determines that a state plan amendment or an 

amendment to a Kentucky federal waiver is necessary, the commissioner is authorized to seek any 

necessary state plan or waiver amendment, and the assessment shall not take effect until the state plan or 

waiver amendment is approved. 

The assessment shall not be implemented until the first day of the calendar quarter after the 

Department for Medicaid Services receives notice of federal matching funds approval from the Centers for 

Medicare and Medicaid Services and notifies the Department of Revenue. Payments to ground ambulance 

providers shall begin within 90 days of the later of approval of federal matching funds, the state plan, or 

waiver amendment. The first monthly assessment payment shall be due 60 days after the implementation 

of the enhanced fee schedule. 

Two hundred thousand dollars ($200,000) of the assessment amount shall annually be returned to 

the Department for Medicaid Services to offset administrative expenses. The remaining portion of the 

assessment shall be: (1) utilized to increase the rates paid by a managed care organization for emergency 


11


ambulance services up to the amount paid by the fee-for-service Medicaid program for emergency 

ambulance services; and (2) paid as supplemental payments to ground ambulance providers in a 

proportional amount according to the total number of Medicaid ambulance transports. 

Each ground ambulance provider shall report to the Kentucky Board of Emergency Medical 

Services, at the time and in the manner required by the board, ground emergency revenue collected to 

accomplish the purposes of the Act. No more than 180 days after the end of each calendar year, the board 

shall submit to the Cabinet for Health and Family Services transport data for all ground ambulance 

providers licensed in Kentucky. The data shall, at a minimum, include the number of emergency ground 

transports completed during the previous calendar year and the emergency revenue collected. 

There is established in the State Treasury the ambulance service assessment fund for the purpose 

of depositing Medicaid ambulance service provider assessments. The fund shall consist of the 

assessments and any related penalties collected by the Department of Revenue and any appropriations 

made by the General Assembly. Moneys deposited into the fund shall be transferred to the Department 

for Medicaid Services on a monthly basis. Moneys in the fund shall only be used to: (1) increase fee-forservice 

rates for ground ambulance services above those in effect on the effective date of the Act; (2) 

reimburse money to a ground ambulance provider that is erroneously collected from the provider; and (3) 

reimburse the Department for Medicaid Services in the amount of $200,000 annually to offset 

administrative expenses. 

If the assessment is determined to be invalid, the Department shall refund any remaining money 

to each ground ambulance provider in proportion to the amount paid by each provider during the most 

recently completed quarterly payment period. 

Representative Rob Rothenburger 

(R-Shelbyville) speaks on the House 

floor on February 27 before the 

House passes HB 8 by a 91-0 vote. 


12



AMBULANCE SERVICE CONTRACTS 

Sponsor: Representative Steven Rudy (R-Paducah) 

HB 351 amends KRS 65.710 to increase the permissible term for an ambulance service contract 

entered into by a local government with private persons, partnerships, or corporations from one year to 

four years. 

HB 351 became law on April 15, 2020, when delivered to the secretary of state. 


EMERGENCY MEDICAL SERVICES RECIPROCITY 

Sponsor: Representative Deanna Frazier (R-Richmond) 

HB 357 amends KRS 311A.142 to require any member of the United States military who is registered 

by the National Registry of Emergency Medical Technicians as an emergency medical responder, 

emergency medical technician, advanced emergency medical technician, or paramedic; and, any 

emergency medical responder, emergency medical technician, advanced emergency medical technician, 

or paramedic currently certified or licensed and in good standing with a state contiguous to Kentucky to be 

eligible for reciprocity in Kentucky at the same certification or licensure level in accordance with 

administrative regulations promulgated by the Kentucky Board of Emergency Medical Services. 

Representative Deanna Frazier 

(R-Richmond) appears before the 

Senate Licensing, Occupations and 

Administrative Regulations 

Committee on March 3. 


13

3) FIRE PROTECTION 


FIREFIGHTERS FOUNDATION PROGRAM FUND 


HB 351 amends KRS 95A.210 to include any firefighter employed by an air board created under 

KRS Chapter 183 for purposes of participation in the Firefighters Foundation Program Fund. 

HB 351 became law on April 15, 2020, when delivered to the secretary of state. 

Representative Steven Rudy (R-Paducah) 

speaks to the House Appropriations and 

Revenue Committee. 



KENTUCKY FIRE COMMISSION 

Sponsor: Representative Mark Hart (R-Falmouth) 

HB 375 amends KRS 95A.020 to reorganize the administrative structure of the Commission on Fire 

Protection Personnel Standards and Education, including changing the name of the agency to the 

Kentucky Fire Commission. The commission remains attached to the Kentucky Community and Technical 

College System for administrative purposes. The composition of the commission is reduced from 17 

members to 14 members appointed by the governor, including the following: 

1. 

One member of a fire department formed under KRS Chapter 75 or Chapter 273, selected from a 

list of at least three names submitted by the Kentucky Firefighter’s Association, who is not a fire 

chief and not a career employee of any department other than the one from which he or she is 

nominated; 

2. 

One member of a volunteer fire department selected from a list of at least three names submitted 

by the Kentucky Firefighter’s Association who is not a chief fire officer and not a career employee 

of any department other than the one from which he or she is nominated; 


14


3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

One member of a fire department formed under KRS Chapter 95 selected from a list of at least three 

names submitted by the Kentucky Professional Fire Fighters; 

One chief fire officer of a paid fire department selected from a list of at least three names submitted 

by the Kentucky Association of Fire Chiefs; 

One licensed physician with experience in emergency medicine; 

One chief fire officer of a volunteer fire department selected from a list of at least three names 

submitted by the Kentucky Association of Fire Chiefs who is not a career member of any other 

department; 

One member of a fire department formed under KRS Chapter 67, Chapter 75, or a fire department in 

a county containing an urban county government created pursuant to KRS Chapter 67A selected 

from a list of at least three names submitted by the Kentucky Professional Fire Fighters; 

The director of Homeland Security or his or her designee; 

One mayor or other officer of a Kentucky city providing fire services under KRS Chapter 95 selected 

from a list of at least three names submitted by the Kentucky League of Cities; 

One county judge/executive or other officer of a Kentucky county selected from a list of at least 

three names submitted by the Kentucky Association of Counties; 

One representative of a Kentucky building, industry, or safety association; 

One representative of the general public who is not an employee of any government or 

governmental agency; 

The state fire marshal or his or her designee; and 

One officer of a fire-based emergency medical service selected from a list of at least three names 

submitted by the executive director of the Kentucky Board of Emergency Medical Services. 

The vice president of administrative services of the Kentucky Community and Technical College 

System and respective presidents of the Kentucky Firefighter’s Association, Kentucky Professional Fire 

Fighters, and Kentucky Association of Fire Chiefs, or their designees, shall serve as nonvoting ex officio 

members of the commission. 

The membership must include male, female, and racial minority representation. Members who are 

firefighters must possess a minimum of five years of fire service experience and be certified with 150 hours 

of training for volunteer firefighters or 400 hours of training for professional firefighters. No more than three 

appointed members shall reside in the same congressional district. 

The Kentucky Firefighter’s Association, Kentucky Professional Fire Fighters, Kentucky Association of 

Fire Chiefs, Kentucky Board of Emergency Medical Services Association, Kentucky League of Cities, and 

Kentucky Association of Counties shall submit their lists of nominees by November 15 of each year as 

vacancies occur. 


15


The governor shall appoint members of the commission to staggered terms not to exceed four 

years. Initial appointments shall be staggered as follows: (1) four members shall serve for two-year terms 

ending November 30, 2021; (2) five members shall serve three-year terms ending November 30, 2022; and 

(3) five members shall serve four-year terms ending November 30, 2023. 

After the expiration of initial appointments, appointed members shall serve for a term of four 

years. When vacancies occur other than by expiration of a term, the governor may request a new list or 

select an appointee from a previously submitted list. Appointed members shall not serve more than two 

consecutive four-year terms. 

The commission shall meet at least four times per year upon call of the chair or upon the written 

request of any five members. 

Senate Majority Floor Leader Damon Thayer (R-Georgetown) speaks on the Senate floor. 



16

4) LAW ENFORCEMENT 


POLICE PURSUIT POLICIES 

Sponsor: Representative James Tipton (R-Taylorsville) 

HB 298 creates a new section of KRS Chapter 61 to require each law enforcement agency to adopt, 

implement, enforce, and maintain on or before January 1, 2021, written policies that establish standards 

and procedures for the vehicular pursuit of any person who has violated or is suspected of violating state 

laws. 

“Law enforcement agency” is defined to mean: (1) any public agency that employs a police officer 

as defined in KRS 15.420 or a special law enforcement officer as defined by KRS 61.900; (2) any public 

agency that is composed of or employs other public peace officers; and (3) any elected or appointed peace 

officer who is authorized to exercise the powers of a peace officer as defined in KRS 446.010. 

Representative James Tipton (R-Taylorsville) testifies before the 

House Judiciary Committee with Addison McCoun. HB 298, 

“Jill’s Law,” is named after McCoun’s friend, 

18-year-old Jill Hurst, who died after her vehicle was struck 

during a police pursuit. 

The policy shall create guidelines for determining when the interests of public safety and effective 

law enforcement justify the initiation or termination of a vehicular pursuit. The policy shall include, but 

not be limited to, the following subjects: 

• The definition of pursuit that will govern the law enforcement agency’s policy; 

• Decision-making criteria or principles designed to assist peace officers in determining whether 

to initiate a pursuit; 

• Responsibilities of the pursing peace officer or officers, including pursuit tactics and when those 

tactics are appropriate for use; 

• Procedures for designating the primary pursuit vehicle and for determining the total number of 

vehicles permitted to participate at one time in the pursuit; 

• Coordination of communications during the pursuit, including but not limited to responsibilities 

of the pursuing officer to communicate with his or her communications center at the 

commencement of a pursuit regarding the location, direction of travel, reason for the pursuit, 

and ongoing status reporting during the pursuit; 

• A requirement for supervisory control of the pursuit, if a supervisor is available; 


17


• Decision-making criteria or principles designed to assist peace officers in making an ongoing 

determination during the pursuit on whether to continue or discontinue the pursuit; 

• Procedures for coordinating the pursuit with other law enforcement agencies, including 

procedures for interjurisdictional pursuits; and 

• A process for reporting and evaluating each pursuit by the law enforcement agency. 

The policy adopted by a law enforcement agency may be a model policy endorsed by a national or 

state organization if the model includes required subjects and complies with state laws. Upon adoption, a 

copy of the policy shall be filed by the law enforcement agency with the Justice and Public Safety Cabinet 

which shall maintain a list of compliant law enforcement agencies. Policies shall be reviewed annually by 

the law enforcement agency and may be revised at any time by the agency. If revised, a copy of the revised 

policy must be filed with the Justice and Public Safety Cabinet by the agency. 

Each law enforcement agency shall receive and maintain written confirmation from each officer in 

its employment that he or she has received a copy of the policy and received instruction or training specific 

to the policy. 

The requirement for law enforcement agencies to adopt, implement, enforce, and maintain 

a written vehicular pursuit policy shall not be interpreted or construed to: (1) mandate the actions of 

individual peace officers of a law enforcement agency during any pursuit; (2) restrict a law enforcement 

agency from adopting additional policy requirements, including policies that limit or prohibit vehicular 

pursuits; or (3) create any civil liability upon peace officers, law enforcement agencies, or any public agency 

that has created or is responsible for oversight of the law enforcement agency. 

KRS 15.440 is amended to require all police officers to successfully complete by December 31, 2022, 

and every two years thereafter a training course certified by the Kentucky Law Enforcement Council of not 

less than four hours in emergency vehicle operation as part of in-service training requirements. 

KRS 186.560 is amended to require revocation of the license of any operator of a motor vehicle 

upon receiving record of his or her conviction of fleeing or evading police in the second degree when the 

offense involved operation of a motor vehicle, effective July 1, 2020. 

A new section of KRS Chapter 15 is created to require each law enforcement agency or other 

employing agency whose officers are required to complete training certified by the Kentucky Law 

Enforcement Council of not less than four hours in emergency vehicle operation every two years to retain a 

record of each officer having met the training requirement. The records shall be made available upon 

request to the Kentucky Law Enforcement Council and to the Justice and Public Safety Cabinet. 

Representative James Tipton 

(R-Taylorsville) speaks on the House floor for 

HB 298, before the House passes the KLC 

initiative by an 84 - 4 vote. 


18



PEACE OFFICER CERTIFICATION 

Sponsor: Senator Phillip Wheeler (R-Pikeville) 

SB 111 amends KRS 15.440 to allow the Kentucky Law Enforcement Council to approve additional 

options for achieving basic training credit for police officers seeking certification. 

The council may through promulgation of administrative regulations approve basic training credit 

for: (1) completion of 848 hours of training at a school established pursuant to KRS 15A.070; (2) a 

minimum of 15 years of experience as a certified law enforcement instructor at a school established 

pursuant to KRS 15A.070; (3) completion of an average of 40 hours of Kentucky Law Enforcement Council 

approved in-service training annually from January 1, 1997, through January 1, 2020; (4) completion of all 

mandatory training obligations under KRS 15.334 from January 1, 1997, to January 1, 2020; (5) three years 

of active, full-time service as a city, county, urban county, or consolidated local government police officer, 

sheriff’s deputy, Kentucky State Police trooper, or Department of Fish and Wildlife Resources 

conservation officer exercising peace officer powers under KRS 150.090; and (6) completion within one 

year prior to applying for certification of the 24-hour legal update penal code course, the 16-hour legal 

update constitutional procedure course, and the 40-hour basic officer skills course. 

Senator Phillip Wheeler (R-Pikeville) speaks before 

the Senate unanimously passes SB 111. 



PUBLIC SAFETY PERSONNEL KILLED IN THE LINE OF DUTY 

Sponsor: Senator Phillip Wheeler (R-Pikeville) 

SB 111 creates a new section of KRS Chapter 72 to require a coroner to ensure the remains of a 

police officer, firefighter, coroner, deputy coroner, or emergency medical service personnel who died in 

the line of duty are returned to the care and custody of the decedent’s family or other responsible party 

for the person’s final arrangements in a professional manner. At the request of the family or other 

responsible party, the coroner may ensure the remains are covered by an American flag in honor of his or 

her service and arrange to have the remains returned by a funeral home or designated transport service. 


19

5) LOCAL GOVERNMENT ADMINISTRATION 

House Bill 98 

BUILDING CODE VIOLATIONS 

Sponsor: Representative Ed Massey (R-Hebron) 

HB 98 amends KRS 198B.130 to limit the award of attorney’s fees to a person or party damaged as a 

result of a violation of the Uniform State Building Code in a cause of action against a person or party who 

committed the violation. An award of reasonable attorney’s fees to the damaged party is authorized only if 

a certificate of occupancy was not issued. 


SEX OFFENDER REGISTRANTS 

Sponsor: Representative Savannah Maddox (R-Dry Ridge) 

HB 204 amends KRS 17.545, which prohibits sex offender registrants from being on the grounds of 

and living within 1,000 feet of a publicly owned playground, to extend the prohibition to publicly leased 

playgrounds. Violation of KRS 17.545 is a Class A misdemeanor for the first offense and a Class D felony for a 

second and each subsequent offense. 

The House Veterans, Military Affairs 

and Public Protection Committee 

passed HB 204 on January 22 after 

testimony from Representative 

Savannah Maddox (R-Dry Ridge). 


Information 


20

5) LOCAL GOVERNMENT ADMINISTRATION 


LIEN FILING FEES 

Sponsor: Representative Walker Thomas (R-Hopkinsville) 

HB 378 amends KRS 64.012 relating to fees paid to county clerks to set the fee at $20 for filing or 

recording a lien or release of a lien in a consolidated local government, urban county government, or a 

city of any class. 

Representative Walker Thomas (R-Hopkinsville) 

on the House floor on March 10 before the House 

passes HB 378 by a 94-1 vote. 


OPERATION OF GOLF CARTS 

Sponsor: Representative Sal Santoro (R-Florence) 

HB 382 amends KRS 189.386 to remove time of operation restrictions for golf carts operating on a 

public roadway pursuant to an ordinance adopted by a local government that requires operation 

between sunrise and sunset. 

Representative Sal Santoro (R-Florence) 

presents HB 382 to the Senate 

Transportation Committee on March 4. 



21

6) LOCAL GOVERNMENT PROCEDURES 


PUBLICATION OF LOCAL GOVERNMENT LEGAL ADVERTISEMENTS 

Sponsor: Representative Jerry Miller (R-Louisville) 

HB 195 creates a new section of KRS 424.110 to 424.370 to authorize a county containing a 

population of 80,000 or more based on the most recent decennial census, including the county and 

any city, special district, school district, or special purpose governmental entity within the county, to post 

required legal advertisements online on a notice website operated by the local government in conjunction 

with a onetime newspaper advertisement providing notice that the public may view the full advertisement 

on the notice website. 

“Notice website” is defined to mean an internet website maintained by a local government, or a 

third party under contract with the local government, which contains links to the legal advertisements or 

notices electronically published by the local government. 

Publication of a legal advertisement shall be deemed to have occurred on the date the 

advertisement is posted on the notice website. 

The newspaper advertisement shall: 

• Be not more than 6 column inches and meet the technical requirements of KRS 424.160(1); 

• Be published within 10 days of posting on the notice website when the purpose of the posting is 

to inform the public of a completed act, including those acts specified in KRS 424.130(1)(a), or 

within three days of the posting when the purpose of the posting is to inform the public of the 

right to take a certain action, including events specified in KRS 424.130(1)(b) and (d); 

• Include the subject matter of the posting, the right of the public to inspect any documents 

associated with the posting by contacting the local government, a telephone number for the 

local government, and a physical and mailing address where a copy of the document may be 

obtained; and 

• Provide the full Uniform Resource Locator (URL) of the notice website address where the full 

advertisement may be directly viewed. 

KLC President and Jeffersontown Mayor 

Bill Dieruf testifies with Representative 

Jerry Miller (R-Louisville) for HB 195. 


22


A local government shall maintain legal advertisements on its notice website: (1) until the deadline 

passes or the event occurs; (2) for at least 90 days if the substance of the advertisement is to inform the 

public of an action taken by the local government, such as the enactment of an ordinance; or (3) for one 

year or until updated or replaced with a more recent version if the substance of the advertisement is 

intended to inform the public about the financial status of the local government, such as annual audits or 

the budget. 

Legal advertisements must be displayed prominently on the home page or first page of the notice 

website where the public can readily and with minimal effort identify and access the advertisements. The 

website must include a conspicuous statement that individuals who have difficulty accessing the contents 

of posted advertisements may contact the local government for information regarding access, including 

the telephone number of the local government. 

As proof of posting, the local government shall: (1) memorialize the posting by capturing the 

posting in electronic or paper format; and (2) complete an affidavit signed by the person responsible 

for causing publications under KRS 424.150 stating that the local government satisfied the publication 

requirement by alternative internet posting. The affidavit shall include the active dates of the alternative 

posting, the specific statutory requirements satisfied by the alternative posting, and the address of the 

notice website where the alternative posting occurred, including the URL used for the posting. The local 

government shall retain the captured posting and the affidavit for a period of three years. Together, the 

captured posting and the affidavit shall constitute prima facie evidence that the posting was made and 

occurred as stated within the affidavit. 

Failure to post a newspaper advertisement shall not void the action of the local government or 

negate the enforceability of the matter advertised by alternative internet posting. If a newspaper makes an 

error or fails in time or substance to meet publication requirements, the local government may remedy the 

error or failure by publishing the matter on its notice website. 

KRS 424.990 is amended to require any person who fails to publish the onetime newspaper 

advertisement to be fined not less than $50 nor more the $500. Any officer who fails to post required 

financial statements, budgets, or delinquent taxes shall be subject to a fine of not less than $50 nor more 

than $500. 

Representative Jerry Miller (R-Louisville) 

asks for passage of HB 195 in the House on 

February 19. 


23



INTERLOCAL AGREEMENTS 

Sponsor: Representative Michael Meredith (R-Oakland) 

HB 570 amends several provisions of the Interlocal Cooperation Act, KRS 65.210 to 65.300, to give 

public agencies more flexibility to enter into agreements with one another to combine services and 

functions. 

A new section of KRS 65.210 to 65.300 is created to require a public agency interested in entering 

into an interlocal agreement to provide the following to the governing body of each of its establishing local 

governments: (1) a written description and purpose of the proposed agreement; (2) copy of the proposed 

agreement; (3) a statement that the governing body of the establishing local government may either 

approve or disapprove the public agency’s entry into the proposed agreement by sending a written 

response of its approval or disapproval within 30 days of receipt of the notification; and (4) a statement 

that if the governing body of an establishing local government does not respond within 30 days, the 

establishing local government shall be deemed to have approved the proposed entry into the agreement. 

KLC Executive Director/CEO J.D. Chaney, 

Representative Michael Meredith (R-Oakland) 

and Kentucky Association of Counties (KACo) 

Director of Governmental Relations Shellie 

Hampton testify on HB 570. 

“Public agency” is defined to mean: (1) any local government; (2) any political subdivision of 

the state or of another state; (3) any agency, board, instrumentality, or commission created by a local 

government; (4) any taxing district; (5) any special purpose governmental entity; (6) any interlocal agency; 

(7) the Commonwealth or any agency or instrumentality of state government or of the United States, 

including but not limited to a state-supported institution of higher education; (8) any county or 

independent school district; and (9) any private institution of higher education entering into an agreement 

with another public agency. “Interlocal agency” is defined to mean a separate legal or administrative 

entity with a governing board that is created in an agreement entered into by public agencies pursuant to 

the provisions of KRS 65.210 to 65.300. 

KRS 65.240 is amended to establish that any two or more public agencies may enter into 

agreements with one another for joint or cooperative action pursuant to the provisions of KRS 65.210 

to 65.300, including but not limited to for the sharing of revenues and physical assets. KRS 65.240 is 

additionally amended to permit a private institution of higher education and one or more county school 

districts or independent districts to enter into agreements under KRS 65.210 to 65.300 for the purpose of 

establishing and operating a program or facility, including a center for child learning and study, designed 

to help one or more schools meet educational improvement goals set out in KRS 158.6451, or for the 

investment of funds if determined by the attorney general to be compatible with state and federal law 

upon review pursuant to KRS 65.260. 


24


KRS 65.242 is amended to require that agreements amended solely to adjust participating 

parties be filed by each public agency subject to the agreement or by the interlocal agency created by the 

agreement only with the secretary of state. 

KRS 65.250 is amended to require an interlocal agreement creating an interlocal agency to specify 

the following: (1) the organization, composition, authority, and nature of the interlocal agency, including 

the term and qualifications of the members of the governing authority and their manner of appointment or 

selection; (2) a statement of the powers delegated to the interlocal agency and any restrictions, limitations, 

or conditions the contracting parties wish to place on those powers; and (3) a general statement of any 

responsibilities of the interlocal agency to the parties that established it. A new section of KRS 65.210 to 

65.300 is created to provide an interlocal agency created by an interlocal agreement shall be deemed to be 

a public agency as defined in KRS 61.805 and 61.870. 

KRS 65.260 is amended to reduce the time provided for review of an interlocal agreement by the 

attorney general or Department for Local Government for proper form and compatibility with state law 

from 60 days to 30 days. The failure of the attorney general or Department for Local Government to 

disapprove an agreement within 30 days of its submission shall constitute approval of the agreement. 

Nothing in HB 570 shall be construed to invalidate any interlocal agreement entered into pursuant 

to KRS 65.210 to 65.300 prior to the effective date of the Act. 

Senate Bill 5 

SPECIAL PURPOSE GOVERNMENTAL ENTITIES 

Sponsor: Senator Ralph Alvarado (R-Winchester) 

SB 5 creates a new section of KRS Chapter 65A to require special purpose governmental entities 

(SPGEs), other than an air board, a fire protection district established under KRS Chapter 75, and an 

ambulance service district established under KRS Chapter 108, proposing to levy: (1) an ad valorem tax rate 

for the upcoming year that is projected to generate more revenue than would be generated by the levy of 

the compensating tax rate; or (2) an ad valorem tax for the first time; to submit in writing the proposed rate 

to the city or county that established the SPGE. “Compensating tax rate” has the same meaning as in KRS 

132.010. 

If the establishing entity includes more than one city or county, or if there is no establishing 

entity, the rate shall be submitted to the governing body of the city or county in which the largest number 

of citizens served by the SPGE reside. If the SPGE serves only the residents of a city, the notice shall be 

provided to the governing body of the city. The rate shall be submitted no later than seven days after the 

adoption of the ordinance, order, resolution, or motion to levy a tax rate that exceeds the compensating 

tax rate or to levy an ad valorem tax for the first time. 

The governing body of the city or county to which the rate is submitted shall have 30 days from the 

date of submission to: 

1. 

2. 

Approve or fail to act on the proposed rate, in which case the proposed rate may be implemented 

by the SPGE after all other statutory requirements for levying the rate are met; 

Approve a rate that is less than the proposed rate but greater than the compensating tax rate when 


25


the SPGE is proposing the levy of a rate that is projected to generate more revenue than would 

be generated by the levy of the compensating tax rate; 

3. 

4. 

Approve a rate that is less than the proposed rate when the SPGE is proposing the levy of an ad 

valorem tax for the first time; or 

Disapprove the entire proposed rate by a majority vote of the governing body. 

Approved rates may be implemented after all other statutory requirements, if any, for levying the 

rate are met such as statutory rate limits, public hearing requirements, and recall provisions. 

If the entire proposed rate is disapproved by the SPGE, the SPGE may levy a rate for the upcoming 

year that does not exceed the compensating tax rate if the SPGE levied an ad valorem tax during the current 

year. If the SPGE is proposing an ad valorem tax for the first time, the levy shall not be imposed and the 

SPGE shall wait at least one year before proposing another ad valorem tax levy. The Department for Local 

Government shall calculate rates upon request by a SPGE. 

The following fees and charges are excluded from the requirement to submit proposed rates to 

the city or county that established a SPGE: (1) rental fees; (2) fees established by contractual arrangement; 

(3) admission fees; (4) fees or charges to recover costs incurred by a SPGE for the connection, restoration, 

relocation, or discontinuation of any service requested by any person; (5) any penalty, interest, sanction, or 

other fee or charge imposed by a SPGE for a failure to pay a charge or fee; (6) amounts charged to customers 

or contractual partners for nonessential services provided on a voluntary basis; (7) fees or charges 

authorized under federal law that pursuant to federal law may not be regulated by the Commonwealth 

or local governments within the Commonwealth; (8) purchased water or sewage treatment adjustments 

made by a SPGE as a direct result of a rate increase by its wholesale water supplier or wholesale sewage 

treatment provider; (9) any new fee or fee increase for which a SPGE must obtain prior approval from the 

Public Service Commission; (10) other charges or fees imposed by a SPGE for the provision of any service 

that is also available on the open market; and (11) fees or charges imposed by municipal utilities for the 

provision of power, water, wastewater, natural gas, or telecommunications services, unless submission is 

otherwise required by statute or an ordinance adopted by the establishing entity. 

KRS 65A.100 is repealed. The statute currently requires SPGEs that adopt a new fee or ad valorem 

tax, or increase the rate at which an existing fee or tax is imposed, to report the fee or tax to the governing 

body of the establishing entity for informational purposes only. The Act takes effect January 1, 2021. 

Senator Ralph Alvarado (R-Winchester) speaks on 

the Senate floor as members vote to override the 

governor’s veto of SB 5. 



26

7) PUBLIC HEALTH 


ACCESS TO PRESCRIPTION DRUG MONITORING DATA 

Sponsor: Representative Kimberly Moser (R-Taylor Mill) 

HB 344 amends KRS 218A.240 to authorize the Cabinet for Health and Family Services or an 

applicable professional licensing board to access data from the Kentucky All Schedule Prescription 

Electronic Reporting (KASPER) system established under KRS 218A.202 to notify patients of a practitioner 

authorized to prescribe controlled substances as soon as practicable if the office or clinic of a practitioner 

abruptly closes, or is subject to emergency closure or other enforcement action resulting in suspension or 

termination of the practitioner’s controlled substance prescribing privileges, to help promote continuity 

of care and prevent disruption of medical treatment. 

HCR 5 

RESEARCH ON USE OF MARIJUANA FOR MEDICAL PURPOSES 

Sponsor: Representative Danny Bentley (R-Russell) 

House Concurrent Resolution 5 urges the U.S. Food and Drug Administration (FDA), National 

Institute on Drug Abuse, and the Drug Enforcement Administration (DEA) to expedite research regarding 

the safety and effectiveness of the use of marijuana for medical purposes so that, as policymakers, the 

General Assembly may develop evidence-based and scientifically sound medical marijuana policies. 

Representative Danny Bentley (R-Russell) 

presents HCR 5 in the House on January 30. 



27


Senate Bill 56 SALE OF TOBACCO, ALTERNATIVE NICOTINE & VAPOR PRODUCTS 


SB 56 amends KRS 438.310 and 438.311 to raise the minimum age for the purchase of 

tobacco, alternative nicotine, and vapor products to 21 and require sellers to request proof of age prior to 

sale if the seller has reason to believe a buyer is under the age of 21. A person under age 21 who purchases, 

accepts receipt of, or attempts to purchase tobacco, alternative nicotine, or vapor products is subject to 

confiscation of the products by law enforcement or employees of the Department of Alcoholic Beverage 

Control, but no citation may be issued. No other penalty shall apply to a person under age 21. All status 

offense designations for the sale, purchase, attempted purchase, or receipt of tobacco, alternative 

nicotine, and vapor products by persons under the age of 21 are removed. 

KRS 413.313 is amended to prohibit the wholesale, retail, or manufacturer distribution of tobacco 

products, alternative nicotine, or vapor products, including samples, to persons under the age of 21. 

KRS 600.020 is amended to remove tobacco-related offenses from the definition of “status 

offense action.” KRS 610.010 is amended to remove tobacco-related offenses from the jurisdiction of the 

juvenile section of the District Court. 

An emergency is declared. SB 56 became law on March 26, 2020, when signed by the governor. 


COVID-19 RELIEF 


SB 150 is a temporary measure enacted by the General Assembly to assist Kentucky’s response to 

the public health emergency declared by Governor Andy Beshear on March 6, 2020, due to the COVID-19 

pandemic. The bill includes various provisions relating to business operations, health care providers, and 

state and local governments. 

The bill requires state regulatory agencies to waive administrative fees and extend business 

licenses throughout the course of the state of emergency for persons or entities ordered by the governor to 

close or alter business practices for which the persons or entities have been licensed under state law. 

Licensees may continue to practice their business without interruption and be granted at least 30 days 

after the expiration of the state of emergency to pay any owed fee or complete any administrative 

obligation. The bill also loosens eligibility rules for unemployment benefits in various ways such as 

standards for ability to work, work search activities, suitable work in the context of COVID-19, and the 

seven-day waiting period prior to becoming eligible for unemployment insurance benefits. 

Other temporary provisions of SB 150: 

1. 

A license holder with the privilege of selling alcoholic beverages by the drink at retail is permitted 

to sell alcoholic beverages by the drink in a covered or sealed container and by the package in 

closed sealed original containers on a delivery, to-go, or take-out basis in conjunction with and 

incidental to the purchase of a meal through the course of the state of emergency. 


28


2. 

3. 

4. 

5. 

6. 

7. 

The deadline to respond to an Open Records Act request made to a public agency pursuant to KRS 

61.870 to 61.884 is extended from three to 10 days of its receipt. A public agency may additionally 

delay on-site inspection of public records during the pendency of the state of emergency. 

A public agency may conduct any meeting, including its regular meeting, by live audio or live video 

teleconference during the period of the state of emergency. The meeting must be conducted by live 

video teleconference if the public agency has the technological capacity or availability to provide 

for live video teleconference, or by live audio teleconference if the public agency does not have the 

technological capacity or availability to provide for a live video teleconference. A public agency 

conducting a meeting by live audio or video must provide public notice under KRS 61.823 that the 

meeting is being conducted by live audio or video and specific information on how any member of 

the public or media organization can access the meeting. 

Any deadlines provided by statute for any hearings required to be held or decisions to be made by 

any local legislative body, board, or commission relating to land use planning or zoning pursuant to 

KRS Chapter 100 are tolled during the state of emergency. 

Any deadline provided by statute for code enforcement proceedings or hearings arising from or 

related to KRS 65.8825 and KRS 65.8828 is suspended and the time for action on any pending 

matter is tolled during the pendency of the emergency. 

Meetings and hearings in the areas of planning and zoning and code enforcement that comply with 

social distancing guidance provided by the Centers for Disease Control and Prevention (CDC) or the 

Kentucky Department for Public Health may continue as determined by the executive authority of 

the relevant local government. Hearings that require testimonial evidence must be conducted by 

video teleconference under these exceptions. Persons not in the same physical location shall be 

considered in the presence of one another if they can be seen and heard in real time via video 

teleconference to the same extent as if they were physically present in the same location. Any 

documents resulting from a hearing conducted under these exceptions that require official 

signatures for execution can be executed, acknowledged, or notarized separately in counterparts, 

which together shall be considered a single document. 

Any taxing district may suspend or otherwise extend the applicable deadline for the filing of returns 

by businesses within the taxing district for taxable net profits or gross receipts during the pendency 

of the state of emergency. 

The governor shall declare in writing the date upon which the state of emergency in response to 

COVID-19, declared on March 6, 2020, has ceased. In the event no declaration is made by the governor on or 

before the first day of the next regular session of the General Assembly, the General Assembly may make 

the determination. 

An emergency is declared. SB 150 became law on March 30, 2020, when signed by the governor. 


29

8) PUBLIC SAFETY 

House Bill 44 

KEY INFRASTRUCTURE ASSETS 

Sponsor: Representative Jim Gooch (R-Providence) 

HB 44 amends KRS 511.100 to include in the definition of “key infrastructure assets” above-ground 

natural gas or petroleum pipelines and cable television headends. The legislation additionally increases 

penalties for tampering with a key infrastructure asset. KRS 512.020 is amended to include in the offense 

of criminal mischief in the first degree tampering with the operation of a key infrastructure asset in a 

manner that renders the operation harmful or dangerous. Criminal mischief in the first degree is a Class D 

felony. A new section of KRS Chapter 411 is created allowing a civil action against any person that 

knowingly directs or causes a person to tamper with the operation of a key infrastructure asset in violation 

of KRS 512.020. Liability includes actual damages to personal or real property caused by the offense and 

may include punitive damages and court costs. 


TRANSPORTATION OF OVER DIMENSIONABLE LOADS 

Sponsor: Representative Ken Upchurch (R-Monticello) 

HB 242 amends KRS 189.270 to allow for an annual permit for transporters of new manufactured 

housing that exceeds the weight or dimension limits established in KRS 189.269 if the load being 

transported is a nondivisible load. The vehicle and load shall not exceed 16 feet in width, 15 feet in height, 

120 feet in length, or 160,000 pounds. The cost for an annual manufactured housing transport permit shall 

be $1,500 for loads greater than 14 feet in width or greater than 13.5 feet in height, and $500 for loads less 

than or equal to 14 feet in width and less than or equal to 13.5 feet in height. 

The holder of a permit shall, when transporting a manufactured home: (1) abide by all escort 

requirements, safety markings, and other safety restrictions governing overweight and over dimensional 

vehicles; and (2) equip each truck operating under a permit with GPS technology that keeps a record of 

locations traveled. The travel records of trucks operating under a permit shall be open to inspection by the 

Transportation Cabinet. Any person with a permit who operates a vehicle greater than 13.5 feet in height 

in a restricted area designated by the Transportation Cabinet shall be fined $1,000. 

HR 135 

KENTUCKY EMERGENCY PREPAREDNESS TASK FORCE 

Sponsor: Representative Kimberly Moser (R-Taylor Mill) 

House Resolution 135 encourages the Legislative Research Commission to establish the Kentucky 

Emergency Preparedness Task Force to assess Kentucky’s preparedness for statewide emergencies and to 

establish a plan of action for addressing components of preparedness that need improvement to ensure 

that Kentucky is effectively equipped to deal with emerging health threats and natural disasters. 

Duties of the task force shall include, but not be limited to: (1) hearing testimony from businesses, 

hospitals and health care providers, medical supply companies, medical laboratories, diagnostic facilities, 

and agriculture and farming enterprises to gain insight on the effects and challenges they face in a 

statewide emergency; (2) assessing plans and needs for different types of emergencies; (3) evaluating the 


30

8) PUBLIC SAFETY 

role and effectiveness of executive orders in emergency situations; (4) evaluating and planning for state 

and local government response and coordination; (5) using research for effective emergency responses; (6) 

assessing the needs of the statewide infection, disease, and immunity tracking system; (7) examining the 

funding needs of different state, local, and private entities to respond effectively in emergencies; and (8) 

exploring ways to strengthen and support lines of communication and the use of technology during 

emergencies. 

Task force members shall include: (1) two members each of the House and Senate appointed by 

the Speaker of the House and President of the Senate, respectively; (2) one member each of the House and 

Senate appointed by the House Minority Floor Leader and the Senate Minority Floor Leader, respectively; 

(3) the secretary of the Cabinet for Health and Family Services; (4) the commissioner of the Department for 

Public Health; (5) the secretary of the Education and Workforce Development Cabinet; and (6) any other 

members deemed appropriate by the Legislative Research Commission, including other members of the 

General Assembly and executive branch officials. 

The task force shall meet monthly during the 2020 interim of the General Assembly and submit any 

findings and recommendations to the commission for referral to the appropriate committee or 

committees by December 1, 2020. 

Provisions of this resolution to the contrary notwithstanding, the Legislative Research Commission 

shall have the authority to alternatively assign the identified issues to an interim joint committee or 

subcommittee and designate a study completion date. 

Representative Kimberly Moser (R-Taylor Mill) 

speaks on the House floor. 



31

9) RETIREMENT & PENSIONS 


DEATH-IN-THE-LINE-OF-DUTY BENEFITS 

Sponsor: Representative Jim Gooch (R-Providence) 

HB 271 amends KRS 16.601 and 61.621 to remove the surviving spouse remarriage penalty. 

Currently, if the surviving spouse of a member of the Kentucky Retirement Systems who dies in the line of 

duty remarries, his or her monthly benefit is reduced from 75% to 25% of the deceased member’s monthly 

average pay. Under HB 271, the monthly benefit for a surviving spouse of a member who died in the line of 

duty who remarries will remain at 75% of the deceased member’s monthly average pay. 

HB 271 also addresses in a noncodified section a situation related to the passage of HB 185 in 2018 

that increased the monthly benefit for the surviving spouse of a member who died in the line of duty from 

25% to 75% of the deceased member’s monthly average pay. Some who lost a spouse in the line of duty 

prior to the passage of HB 185 (2018) opted to receive the higher surviving spouse benefit payable under 

KRS 15.578 or 61.640 at 50%, in lieu of the surviving spouse in-the-line-of-duty benefit then payable at 

25% of the deceased member’s average monthly pay. HB 271 allows a surviving spouse of a member who 

died in the line of duty who opted to receive the surviving spouse benefit payable under KRS 15.578 or 

61.640 to apply to increase the monthly benefit to 75% of the deceased member’s monthly average pay. 

An emergency is declared. HB 271 became law on March 27, 2020, when signed by the governor. 

Brandy Durman Toombs testifies with Representative John Blanton 

(R-Salyersville) in support of HB 271. Toombs is the widow of 

Lexington police officer Bryan Durman who died in the line of duty 

in 2010. 


RETIREMENT FUNDS OF URBAN COUNTY GOVERNMENTS 

Sponsor: Representative Stan Lee (R-Lexington) 

HB 479 amends various provisions of KRS Chapter 67A relating to the Policemen’s and Firefighters’ 

Retirement Fund in urban county governments. KRS 67A.440 is amended to delete the requirement that 

the surviving spouse of a member of the fund who died in the line of duty lose the benefit payable as a 

surviving spouse upon his or her remarriage. KRS 67A.410 is amended to provide that active members who 

would have been eligible for voluntary retirement at the time of their death, not in the line of duty, shall 

be deemed to: (1) have service to the date of his or her death calculated with credit for accumulated sick 

leave; and (2) have elected the survivorship 100% allowance option for any surviving spouse and 

dependent children. 

KRS 67A.462 is amended to prevent a member on disability retirement from holding a sworn 

position as an elected, paid, or volunteer peace officer, firefighter, paramedic, or other position that 

qualifies for hazardous duty salary, retirement, or death benefits. The board of trustees of the fund is 


32


authorized to make reasonable investigations, conduct a hearing, and request the appearance of 

witnesses, including the member receiving disability benefits, to ensure compliance with disability 

provisions. 

KRS 67A.492 is amended to provide that upon the death of a retired member with a surviving 

spouse and a minor child or children who survive, an annuity shall be provided for each child or children 

equal to: (1) for the first child, 50% of the amount of the surviving spouse’s annuity; and (2) for each 

additional child, 25% of the amount of the surviving spouse’s annuity subject to a maximum combined 

annuity for the surviving spouse and minor children not to exceed 75% of the member’s final annuity, final 

rate of pay, or service retirement annuity, whichever is greater. The annuity provided for the minor children 

shall be divided and paid in equal amounts for each child to the surviving parent or guardian of each child 

under the age of 18, and paid directly to each child between the ages of 18 and 23 who is regularly engaged 

in full-time educational activities. The annuity of each child or children shall continue until each child 

attains the age of 18, or in the case of a child regularly engaged in full-time educational activities, the age of 

23. 

If the member is not survived by a spouse, and a minor child or children survive the member, an 

annuity shall be provided for such child or children equal to the following share of the member’s final 

annuity, final rate of pay, or service retirement, whichever is greater: (1) for the first child, 50%; (2) for 

two children, an additional 15%; and (3) for three or more children, an additional 10% each, subject to a 

maximum combined annuity for all minor children not to exceed 75% of the member’s final annuity, final 

rate of pay, or service retirement, whichever is greater. The annuity provided for the minor children shall be 

divided and paid in equal amounts for each child to the surviving parent or guardian of each child under 

the age of 18, and paid directly to each child between the ages of 18 and 23 who is regularly engaged in fulltime 

educational activities. The annuity of each child or children shall continue until each child attains the 

age of 18, or in the case of a child regularly engaged in full-time educational activities, the age of 23. 


CERS SEPARATION 

Sponsor: Representative Russell Webber (R-Shepherdsville) 

HB 484 creates new sections of KRS 61.510 to 61.705 to require, effective April 1, 2021: (1) the 

administration of the County Employees Retirement System (CERS) to be transferred from the Kentucky 

Retirement Systems (KRS) Board of Trustees to a newly established CERS Board of Trustees; (2) the 

administration of the Kentucky Employees Retirement System (KERS) and the State Police Retirement 

System (SPRS) to continue to be the responsibility of the KRS Board of Trustees; and (3) creation of the 

Kentucky Public Pensions Authority (KPPA) to provide personnel and day-to-day administrative services to 

the KRS Board of Trustees and the CERS Board of Trustees. The staff of the Kentucky Retirement Systems 

shall become the staff of the Kentucky Public Pensions Authority. 

The County Employees Retirement System shall be administered by a board of trustees composed 

of nine members selected as follows: 

• Three members or retired members from CERS elected by active and retired CERS members, 

two elected by nonhazardous members and one elected by hazardous members; 

• One appointed member with investment experience from a list of three provided to the 


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governor by the Kentucky League of Cities (KLC); 

• One appointed member with retirement experience from a list of three provided to the governor 

by KLC; 


governor by the Kentucky Association of Counties (KACo); 


by KACo; 


governor by the Kentucky School Boards Association (KSBA); and 


by KSBA. 

From left to right, Kentucky Professional Firefighters President Joe Baer, Kentucky School Boards Association (KSBA) 

Governmental Relations Director Eric Kennedy, Rep. Russell Webber (R-Shepherdsville), KLC Director of Governmental Affairs 

Bryanna Carroll, and LaRue County Judge/Executive Tommy Turner testify in support of HB 484 at the March 9 House Local 

Government Committee meeting. 

A trustee with “investment experience” means an individual who does not have a conflict of 

interest, and who has at least 10 years of experience in one of the following areas of expertise: (1) a 

portfolio manager acting in a fiduciary capacity; (2) a professional securities analyst or investment 

consultant; (3) a current or retired employee or principal of a trust institution, investment or finance 

organization, or endowment fund acting in an investment-related capacity; (4) a chartered financial 

analyst in good standing as determined by the Chartered Financial Analyst Institute; or (5) a university 

professor teaching investment-related studies. 

A trustee with “retirement experience” means an individual who does not have a conflict of 

interest and who has at least 10 years of experience in one of the following areas of expertise: (1) 

experience in retirement or pension plan management; (2) a certified public accountant with relevant 

experience in retirement or pension plan accounting; (3) an actuary with relevant experience in retirement 

or pension plan consulting; (4) an attorney licensed to practice law in Kentucky with relevant experience in 

retirement or pension plans; or (5) a current or former university professor whose primary area of 

emphasis is economics or finance. 


34


The CERS Board of Trustees shall manage the CERS trust, including investment decisions, actuarial 

data, auditing, asset allocations, and medical and other professional services. The system shall publish an 

annual financial report showing all receipts, disbursements, assets, and liabilities along with an annual 

audit conducted in accordance with generally accepted auditing standards. At least once every five years, 

the Auditor of Public Accounts shall perform the audit. 

The Kentucky Public Pensions Authority providing administrative services to both the KRS and 

CERS Boards of Trustees shall be composed of the chair and investment committee chair of each board and 

two additional trustees from each board appointed by the chair of the board, for a total of eight members. 

All employees of the Kentucky Public Pensions Authority, except for the executive director, shall be 

subject to the state personnel system established pursuant to KRS 18A.005 to 18A.204 and shall have their 

salaries determined by the secretary of the Personnel Cabinet. The authority shall annually report to the 

Public Pension Oversight Board the number of employees of the authority, the salary paid to each 

employee, and any change in the salaries of individuals employed by the authority over the prior year. 

A noncodified section is added to provide the governor shall have no authority to change any 

provision as it relates to reorganizing, replacing, amending, or abolishing the membership of the CERS 

Board of Trustees, the KRS Board of Trustees, or the Kentucky Public Pensions Authority. 

Effective April 1, 2021. 

Representative Russell Webber (R-Shepherdsville) 

speaks on the House floor before members pass HB 

484 by a 90-4 vote. 


35



LOCAL GOVERNMENT PENSION ISSUES 

Sponsor: Senator Mike Wilson (R-Bowling Green) 

SB 239 amends KRS 90.400, 90.410, 95.290, 95.530, 95.620, 95.622, 95.767 and 95.869 relating to 

cities with legacy pension plans for member police officers and firefighters prior to participation by cities in 

the County Employees Retirement System effective August 1, 1988. Due to reduced membership in the cityadministered 

plans for members who opted to remain in the legacy plans after August 1, 1988, SB 239 

provides cities a way to transition out of legacy plans. If there are fewer than 12 active and retired members 

or beneficiaries of a pension fund, the governing body may elect to offer to individuals entitled to benefits 

from the fund a onetime irrevocable option to convert monthly pension benefits from the fund to monthly 

annuity benefits from an insurance company for the same amount. An insurance company accepting a 

benefit transfer shall honor any features and options available under the existing plan. If the governing 

body of the fund elects to offer the option to convert monthly pension benefits to monthly annuity 

benefits, it shall provide to individuals entitled to benefits from the fund sufficiently complete and 

appropriate disclosures to assist in making an informed decision. 

KRS 95.620 is further amended to provide, if there are fewer than six active and retired members of 

the pension fund from either the police department or fire department, the board of trustees of the 

pension fund shall be composed of the mayor, city treasurer or chief financial officer, one retired member 

of the department with six or more active or retired members of the fund who shall be elected by ballot by 

the retired members of the department, and one employee appointed by the mayor from the department 

with fewer than six active and retired members of the fund who shall serve for one year and until their 

respective successors are appointed and qualified. 

SB 239 additionally amends KRS 61.637 to provide that a mayor or member of a city legislative 

body who is at least 62 years of age and eligible to retire from the County Employees Retirement System 

shall not be required to resign from his or her position as a mayor or member of a city legislative body in 

order to begin drawing benefits from the system. If a mayor or member of a city legislative body who is at 

least 62 years of age retires from the systems administered by the Kentucky Retirement Systems but 

remains in office after his or her effective retirement date, the mayor or member of the city legislative body 

shall not accrue any further service credit or benefits in the Kentucky Retirement Systems for any 

employment occurring on or after the effective retirement date. 

Senator Mike Wilson (R-Bowling Green) and KLC 

Director of Governmental Affairs Bryanna Carroll 

testify before the Senate State and Local 

Government Committee on March 11. 


36



RESET OF CERS AMORTIZATION PERIOD 

Sponsor: Senator Chris McDaniel (R-Taylor Mill) 

SB 249 amends KRS 61.565 to require the actuarially accrued liability contribution paid by each 

employer in the County Employees Retirement System (CERS), Kentucky Employees Retirement System 

(KERS), and the State Police Retirement System (SPRS) to be reset beginning with the 2019 actuarial 

valuation, by amortizing the total unfunded actuarial accrued liability over a closed period of 30 years, 

except that any increase or decrease in the actuarially accrued liability occurring after the completion of 

the 2019 actuarial valuation shall be amortized over a closed period of 20 years beginning with the 

actuarial valuation in which the increase or decrease in the actuarially accrued liability is recognized. An 

increase or decrease in the actuarially accrued liability may result from, but not be limited to, legislative 

changes to benefits, changes in actuarial methods or assumptions, or actuarial gains or losses. The 

Kentucky Retirement Systems Board of Trustees shall amend the 2019 actuarial valuation for CERS, KERS, 

and SPRS and provide the information to the governor and General Assembly for budgeting purposes. 

A noncodified section of SB 249 pauses the employer contribution rate for CERS for one year, 

keeping the 2021 rates at current 2020 levels. Therefore, the employer contribution rates for July 1, 2020, 

through June 30, 2021, shall remain 24.06% for nonhazardous duty employees, consisting of 19.30% for 

pension and 4.76% for health insurance, and 39.58% for hazardous duty employees, consisting of 30.06% 

for pension and 9.52% for health insurance. Any future increases in contribution rates after June 30, 2021, 

shall use these rates as the base rates for calculation of future increases in rates. Pursuant to KRS 61.565, 

rates shall not increase by more than 12% in terms of projected dollars paid by participating employers 

over the prior fiscal year. 

KRS 61.522 is amended to delay the onetime window where quasi-governmental agencies may 

voluntarily cease participation in the Kentucky Employees Retirement System from June 30, 2020, to June 

30, 2021. 

An emergency is declared. SB 249 became law on April 8, 2020, when signed by the governor. 

Senator Chris McDaniel (R-Taylor Mill) appears 

before the Senate State and Local Government 

Committee to ask for passage of SB 249. 


37

10) FISCAL MATTERS 


REVENUE MEASURES 


HB 351 amends KRS 138.140 to impose an excise tax upon every distributor of vaping products 

at $1.50 per cartridge on closed vapor cartridges and 15% of the price a distributor sells an open 

vaping system consisting of a refillable liquid solution for vaping. 

The bill additionally includes several measures related to local governments: 

1. 

2. 

3. 

4. 

5. 

KRS 103.200 is amended to allow local governments to issue financing bonds for construction of 

facilities for solar-generated electricity. 

KRS 132.195 and 132.200 are amended to exclude privately owned leasehold interests in 

residential property owned by a purely public charity from local ad valorem taxation if an 

exemption is approved by the county, city, school, or other taxing district in which the residential 

property is located. The amendment applies to privately owned leasehold interests assessed after 

January 1, 2021. 

KRS 132.285 is amended to increase the cost payable to the property valuation administrator from 

$60,000 to $100,000 for use of assessed values for ad valorem tax purposes by a city having an 

assessment subject to city ad valorem tax of $6 billion or more. 

KRS 139.495 is amended to clarify that golf course admissions are taxable unless the sale is the 

result of a fundraising event held by a nonprofit qualifying under Section 501(c)(3) of the Internal 

Revenue Code or a governmental entity effective August 1, 2020. 

KRS 39A.100 is amended to allow the governor, upon recommendation of the secretary of state, to 

declare by executive order a different time, place, or manner for holding elections in an election 

area for which a state of emergency has been declared for a part or all of the election area. Any 

procedures established shall be subject to approval by the secretary of state and governor by 

respective executive orders. 

Noncodified language is included expiring June 30, 2022, that requires any legal advertisement 

required to be published by a city or county in accordance with KRS Chapter 424 to include the 

following statement at the end of the advertisement: “This advertisement was paid for by [insert the 

name of the governmental body] using taxpayer dollars in the amount of $ [insert the amount paid for 

the advertisement].” 

state. 

An emergency is declared. HB 351 became law on April 15, 2020, when delivered to the secretary of 


38



EXECUTIVE BRANCH BUDGET 


HB 352 provides a one-year $11.4 billion General Fund budget plan for the 2020-2021 fiscal year, 

rather than the usual two-year budget, due to uncertainty in General Fund dollars the state will collect 

during the fiscal year. The bill maintains most government spending at current levels while allowing for 

cuts as necessary. 

Provisions include: 

• Public pension contributions for state employees in the Kentucky Employees Retirement 

System are fully funded. 

• $76,878,700 is appropriated in Fiscal Year 2020-2021 for the Kentucky Law Enforcement 

Foundation Program Fund. $50,560,000 is appropriated in the same period for the Firefighters 

Foundation Program Fund. 

• Pension assistance is provided for quasi-governmental entities by capping the employer 

contribution rate at 47.7% of payroll for Fiscal Year 2021 for nonhazardous employees 

participating in the Kentucky Employees Retirement System (KERS) who are employed by 

health departments, mental health centers, domestic violence shelters, rape crisis centers, 

state-supported universities and colleges, and any other agency eligible to voluntarily cease 

participation in KERS pursuant to KRS 61.522. 

• An extra $25,394,600 is appropriated to local and district health departments in Fiscal Year 2021 

to assist with employer contributions for KERS in July and January of each year. 

• $1.5 million is appropriated in Fiscal Year 2021 for Operation UNITE to prevent abuse of drugs 

and facilitate recovery in 32 southern and eastern Kentucky counties. 

• $6 million is appropriated in Fiscal Year 2021 to the Regional Development Agency Assistance 

Fund for grants to counties for economic development and job creation activities. 

• 

• 

• 

• 

• 

• 

Representative Steven Rudy (R-Paducah) 

speaks on the House floor. 


39


• $300,000 is appropriated in Fiscal Year 2020 and $1,850,000 in Fiscal Year 2021 for the Kentucky 

Poison Control Center and COVID-19 hotline. 

• Unbudgeted restricted funds may be allotted and expended for the purchase of personal 

protective equipment (PPE) for use in evaluating and treating COVID-19 patients during a 

declared state of emergency and those purchases may be deemed a necessary government 

expense. 

• Several appropriations are made to support implementation of provisions of SB 1, passed by 

the General Assembly in 2019 as the school safety bill. 

o 

o 

$13 million is appropriated in Fiscal Year 2021 to support employment of school resource 

officers, implementation of trauma-informed practices, preparation of district-level school 

safety assessments, training of school safety coordinators, and operation of the Kentucky 

Center for School Safety; 

$7,412,500 is appropriated in Fiscal Year 2021 to the Center for School Safety to fund 

providers of school-based mental health services in 10 school districts selected by the 

Center for School Safety and the State School Security Marshal based on criteria requiring 

the district’s use of Medicaid funding to supplement General Fund dollars and an equitable 

and balanced statewide distribution; and 

o 

$18.2 million in bond funds is appropriated in Fiscal Year 2021 for school safety facility 

upgrades. 

House members held a remote 

vote on HB 352, because of the 

novel coronavirus pandemic. 

The budget bill only covers one 

fiscal year, due to the 

uncertainty created by the virus. 


Information 


40

11) SCHOOL SAFETY 

Senate Bill 8 

SCHOOL SAFETY MEASURES 

Sponsor: Senator Max Wise (R-Campbellsville) 

SB 8 amends several provisions of SB 1, passed by the General Assembly in 2019 as the School 

Safety and Resiliency Act. 

KRS 158.4412(1) is amended to allow the local school district superintendent to appoint any 

individual to serve as the district’s school safety coordinator and primary point of contact for public 

school safety and security functions, rather than a district level school administrator. 

KRS 158.4414 is amended to: (1) require each school resource officer to be armed with a firearm 

notwithstanding any provision of local board policy, local school council policy, or memorandum of 

agreement; and (2) clarify local boards of education are required to assign one or more certified school 

resource officers to each campus where one or more school buildings are used for instruction to 

students, rather than one or more school resource officers to each school within a school district, as 

funds and personnel become available. 

Senator Max Wise (R-Campbellsville) presents SB 8 

to the Senate Education Committee. 



REEMPLOYMENT OF RETIRED POLICE OFFICERS 

Sponsor: Senator Mike Wilson (R-Bowling Green) 

SB 239 amends KRS 95.022 to provide that retired police officers employed by a city after 

retirement as school resource officers pursuant to KRS 158.4414 shall not count against the limitations in 

KRS 95.022 on the number of retired police officers a city government may hire as a percentage of the total 

number of officers employed by the city. 


41

12) TELECOMMUNICATIONS 


COMMERCIAL MOBILE RADIO SERVICE CHARGES 

Sponsor: Representative Rob Rothenburger (R-Shelbyville) 

HB 208 amends KRS 65.7636 to remove the ability of wireless communications providers that 

participate in the federally subsidized low-income Lifeline program to pass the commercial mobile radio 

service (CMRS) fee of $0.70 per month levied pursuant to KRS 65.7629 per CMRS connection to help fund 

911 services on to Lifeline subscribers. The bill addresses a loophole created by federal legislation passed 

in 2018 that banned wireless providers from passing CMRS service fees along to end users. HB 208 makes 

it clear that the fee must be paid by the Lifeline provider, restoring up to $1 million per year in fees to 911 

call centers. 

An emergency is declared. HB 208 became law on March 27, 2020, when signed by the governor. 

Representative Rob Rothenburger (R-Shelbyville) and 

Mike Sunseri, administrator for the Kentucky 911 

Services Board, explain to the Senate Appropriations 

and Revenue Committee that HB 208 is needed to 

restore more than $1 million in funding to local 911 

call centers. 


911 SERVICES 

Sponsor: Representative John Blanton (R-Salyersville) 

HB 229 amends KRS 65.7631 relating to the expenditure of funds deposited into the commercial 

mobile radio service (CMRS) telecommunications fund created pursuant to KRS 65.7627. Two and one-half 

percent (2.5%) of the total monthly revenues deposited into the CMRS fund are required to be used to 

reimburse actual expenses incurred by CMRS providers for complying with certain Federal 

Communications Commission requirements until all obligations for reimbursement have been met. 

HB 229 redirects all revenues deposited into the CMRS fund to assist in funding the adoption 

and operation of next generation 911 services and applications. Fund disbursements shall be limited to 

equipment, hardware, software, or contracted services used in the preparation for, or delivery of, next 

generation 911. 


42

12) TELECOMMUNICATIONS 


BROADBAND DEPLOYMENT 

Sponsor: Representative Phillip Pratt (R-Georgetown) 

HB 362 amends sections of KRS Chapter 224A to establish the broadband deployment fund in 

the State Treasury for administration by the Kentucky Infrastructure Authority to provide grant funds 

to governmental agencies and private sector entities to construct infrastructure for the deployment of 

broadband service to households and businesses in underserved as well as unserved areas. 

“Underserved area” means any project area where fixed, terrestrial broadband service with a 

minimum 25 megabits per second downstream and 3 megabits per second upstream is not available. 

“Unserved area” means any project area where fixed, terrestrial broadband service with a minimum 10 

megabits per second downstream and 1 megabit per second upstream is not available. 

The authority shall establish guidelines and standards for applying for and approving grants from 

the broadband deployment fund. No grant shall be awarded for duplication or upgrade of any existing 

broadband infrastructure in the broadband deployment project area or for non-capital expenses, nonbroadband 

services, marketing, or advertising. The broadband deployment project area shall be described 

by census block including the specific addresses to be serviced. The authority shall include an opportunity 

for a broadband service provider to challenge an application. Monies in the fund shall not be used by or 

transferred to the Kentucky Communications Network Authority. 

Grant applicants shall pay 50% of the project cost from their own funds which shall not include any 

matching funds received from federal or state government grants or loans for broadband deployment in 

the project area. 

Representative Phillip Pratt 

(R-Georgetown) speaks on the 

House floor. 


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KLC 2020 Legislative Update

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