2024 Legislative Update
Get a comprehensive review of legislation that impacts cities that legislators passed in the 2024 Regular Session of the Kentucky General Assembly.
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01<br />
100 East Vine St #800, Lexington, KY 40507<br />
800.876.4552 | KLC.ORG | KLCCITYLIMIT.com<br />
@KyLeagueCities<br />
Kentucky League of Cities<br />
KentuckyLeagueOfCities<br />
<strong>2024</strong><br />
<strong>Legislative</strong><br />
<strong>Update</strong><br />
KLC.ORG
02<br />
TABLE OF CONTENTS<br />
SECTION 1: AGRICULTURE --------------------------------------------------------------------------------------<br />
HB 418 Agricultural Districts<br />
SB 16 Agricultural Key Infrastructure Assets<br />
SECTION 2: ALCOHOLIC BEVERAGES ------------------------------------------------------------------------<br />
HB 439 Quota Retail Package License<br />
HB 712 Local Option Election for Limited Sale of Alcoholic Beverages in Precinct Containing Marina<br />
SECTION 3: ANNEXATION ----------------------------------------------------------------------------------------<br />
HB 492 Annexation into Third County<br />
HB 596 Annexation Restrictions and Procedures<br />
SECTION 4: BROADBAND INTERNET -------------------------------------------------------------------------<br />
HB 267 Office of Broadband Development<br />
SJR 175 Broadband Pole Attachment<br />
SECTION 5: CONTROLLED SUBSTANCES --------------------------------------------------------------------<br />
HB 829 Medicinal Cannabis<br />
SECTION 6: CRIMES & PUNISHMENTS -----------------------------------------------------------------------<br />
HB 5 Safer Kentucky Act<br />
HB 159 Immunity from Criminal Liability for Health Care Providers<br />
SECTION 7: ECONOMIC DEVELOPMENT & TOURISM -----------------------------------------------------<br />
HB 13 Kentucky Product Development Initiative<br />
HB 29 Motor Vehicle Racing Events<br />
HB 533 Municipal Revenue Bonds for Economic Development<br />
HB 561 Certified Child Care Community Education Program<br />
HB 712 Kentucky Ohio River Regional Recreation Authority<br />
HB 723 Government Resources Accelerating Needed Transformation Program<br />
SB 125 Off-Highway Vehicle Pilot Program<br />
SJR 176 Workforce Attraction and Retention Task Force<br />
SECTION 8: EMERGENCY MEDICAL SERVICES --------------------------------------------------------------<br />
HB 57 Classifications<br />
HB 272 Abandoned Infants<br />
HB 484 Emergency Medical Services Education Grant Program<br />
KLC UPDATE
03<br />
HB 528<br />
HB 782<br />
911 Services<br />
Telecommunicators<br />
SECTION 9: FIRE DEPARTMENTS & FIREFIGHTERS ----------------------------------------------------------<br />
SECTION 10: FISCAL MATTERS ------------------------------------------------------------------------------------<br />
SECTION 11: LAW ENFORCEMENT -------------------------------------------------------------------------------<br />
SECTION 12: LOCAL GOVERNMENT ADMINISTRATION -----------------------------------------------------<br />
SECTION 13: NUCLEAR ENERGY ----------------------------------------------------------------------------------<br />
SECTION 14: PLANNING & ZONING ------------------------------------------------------------------------------<br />
HB 43 Change in Fire Protection Services<br />
HB 323 Cancer Detection in Firefighters<br />
HB 1 Appropriations from State “Rainy Day” Fund<br />
HB 6 State/Executive Branch Budget<br />
HB 8 Tax Increment Financing<br />
HB 752 Disaster Recovery Funds<br />
HB 5 Crimes and Punishment<br />
HB 456 County Sheriff’s Office and County Police Force<br />
HB 482 Kentucky Law Enforcement Council<br />
HB 551 Cold Cases<br />
SB 162 Vehicle Accident Reports<br />
HHB 18 Rights of Owners of Rental Property<br />
HB 248 Reinstatement of Police and Fire Department Employees in Urban-County Government<br />
HB 320 Civil Procedure<br />
HB 472 Residential Planned Communities<br />
HB 528 City Alcoholic Control Administrators<br />
HB 388 Consolidated Local Government<br />
HB 492 Local Government Access to Federal Tax Information<br />
SB 198 Nuclear Energy Development<br />
SJR 140 Public Service Commission<br />
HB 443 Land Use<br />
HB 581 Retail Filling Stations<br />
KLC.ORG
04<br />
SECTION 15: PUBLIC HEALTH --------------------------------------------------------------------------------<br />
HB 11 Nicotine Products<br />
HB 109 Swimming Pools<br />
HB 293 Kratom<br />
HB 583 Environmental Emergencies<br />
SB 71 Mental Health Evaluators<br />
SECTION 16: RETIREMENT SYSTEMS -------------------------------------------------------------------------<br />
HB 99 Kentucky Public Pensions Authority<br />
SECTION 17: SCHOOL SAFETY ---------------------------------------------------------------------------------<br />
SB 2 Student Safety<br />
SECTION 18: SUBSTANCE ABUSE -----------------------------------------------------------------------------<br />
HB 462 Recovery Residences<br />
SB 71 Substance Use Treatment Programs<br />
SECTION 19: TAXATION ------------------------------------------------------------------------------------------<br />
HB 147 Property Tax Rate Levies<br />
SB 58 Recall Petitions<br />
SECTION 20: TRANSPORTATION -------------------------------------------------------------------------------<br />
HB 7 Autonomous Vehicles<br />
SB 107 Towing Companies<br />
SB 215 Emission Control<br />
SECTION 21: UTILITIES -------------------------------------------------------------------------------------------<br />
SB 229 Municipal Utilities<br />
SECTION 22: WATER & WASTEWATER SYSTEMS -----------------------------------------------------------<br />
HB 40 Board of Certification for Water Treatment and Distribution System Operators<br />
HB 563 Distressed Water and Wastewater Systems<br />
SJR 149 PFAS Management Practices<br />
SECTION 23: WORKFORCE INSURANCE ---------------------------------------------------------------------<br />
HB 401 Workers’ Compensation<br />
SB 140 Unemployment Insurance Compensation<br />
KLC UPDATE
05<br />
BILL TITLE & PAGE NUMBER<br />
House Bill 1: Appropriations from State “Rainy Day” Fund – Pg. 27<br />
HB 5: Crimes and Punishment – Pg. 15<br />
HB 6: State/Executive Branch Budget – Pg. 28<br />
HB 7: Autonomous Vehicles – Pg. 48<br />
HB 8: Tax Increment Financing – Pg. 29<br />
HB 11: Nicotine Products – Pg. 38<br />
HB 13: Kentucky Product Development Initiative – Pg. 17<br />
HB 18: Rights of Owners of Rental Property – Pg. 31<br />
HB 29: Motor Vehicle Racing Events – Pg. 18<br />
HB 40: Board of Certification for Water Treatment and Distribution System Operators – Pg. 51<br />
HB 43: Change in Fire Protection Services – Pg. 26<br />
HB 57: Classification – Pg. 23<br />
HB 99: Kentucky Public Pensions Authority – Pg. 42<br />
HB 109: Swimming Pools – Pg. 38<br />
HB 147: Property Tax Rate Levies – Pg. 47<br />
HB 159: Immunity from Criminal Liability for Health Care Providers – Pg. 16<br />
HB 248: Reinstatement of Police and Fire Department Employees in Urban-County Government – Pg. 31<br />
HB 267: Office of Broadband Development – Pg. 12<br />
HB 272: Abandoned Infants – Pg. 23<br />
HB 293: Kratom – Pg. 39<br />
HB 320: Civil Procedure – Pg. 32<br />
HB 323: Cancer Detection in Firefighters – Pg. 26<br />
HB 388: Consolidated Local Government – Pg. 33<br />
HB 418: Agricultural Districts – Pg. 7<br />
HB 439: Quota Retail Package License – Pg. 8<br />
HB 401: Workers’ Compensation – Pg. 54<br />
HB 443: Land Use – Pg. 3<br />
HB 456: County Sheriff’s Office and County Police Force – Pg. 30<br />
HB 462: Recovery Residences – Pg. 45<br />
HB 472: Residential Planned Communities – Pg. 32<br />
HB 482: Kentucky Law Enforcement Council – Pg. 30<br />
HB 484: Emergency Medical Services Education Grant Program – Pg. 23<br />
HB 492: Annexation into Third County – Pg. 47<br />
HB 492: Local Government Access to Federal Tax Information – Pg. 34<br />
HB 528: 911 Services – Pg. 24<br />
HB 528: City Alcoholic Control Administrators – Pg. 33<br />
KLC.ORG
06<br />
HB 533: Municipal Revenue Bonds for Economic Development – Pg. 18<br />
HB 551: Cold Cases – Pg. 30<br />
HB 561: Certified Child Care Community Education Program – Pg. 19<br />
HB 563: Distressed Water and Wastewater Systems – Pg. 51<br />
HB 581: Retail Filling Stations – Pg. 37<br />
HB 583: Environmental Emergencies – Pg. 40<br />
HB 596: Annexation Restrictions and Procedures – Pg. 9<br />
HB 712: Local Option Election for Limited Sale of Alcoholic Beverages in Precinct Containing Marina – Pg. 8<br />
HB 712: Kentucky Ohio River Regional Recreation Authority – Pg. 8<br />
HB 723: Government Resources Accelerating Needed Transformation Program – Pg. 20<br />
HB 752: Disaster Recovery Funds – Pg. 29<br />
HB 782: Telecommunicators – Pg. 24<br />
HB 829: Medicinal Cannabis – Pg. 14<br />
Senate Bill 2: Student Safety – Pg. 43<br />
SB 16: Agricultural Key Infrastructure Assets – Pg. 7<br />
SB 58: Recall Petitions – Pg. 47<br />
SB 71: Substance Use Treatment Programs – Pg. 41<br />
SB 107: Towing Companies – Pg. 49<br />
SB 125: Off-Highway Vehicle Pilot Program – Pg. 22<br />
SB 140: Unemployment Insurance Compensation – Pg. 54<br />
SB 162: Vehicle Accident Reports – Pg. 30<br />
SB 198: Nuclear Energy Development – Pg. 35<br />
SB 215: Emission Control – Pg. 49<br />
SB 229: Municipal Utilities – Pg. 50<br />
SJR 140: Public Service Commission – Pg. 36<br />
SJR 149: PFAS Management Practices – Pg. 53<br />
SJR 175: Broadband Pole Attachment – Pg. 13<br />
NOTE<br />
The effective date of all legislation enacted by the <strong>2024</strong> Regular Session of the General Assembly is July<br />
15, <strong>2024</strong> except for measures containing emergency or delayed effective date provisions. (OAG 24-04)<br />
If a bill reported in this update becomes effective on a date other than<br />
July 15, <strong>2024</strong>, it is noted in the summary of the bill.<br />
The complete text of all bills is available for review on the<br />
<strong>Legislative</strong> Research Commission website at www.lrc.ky.gov.<br />
KLC UPDATE
1. AGRICULTURE<br />
07<br />
HB 418<br />
AGRICULTURAL DISTRICTS<br />
Sponsor: Representative Michael Pollock (R–Campbellsville)<br />
HB 418, a KLC initiative, amends KRS 262.850 to decrease the minimum number of acres to qualify<br />
as an agricultural district from 250 acres to 50 acres. Upon receipt of a petition to form an agricultural<br />
district, the local conservation district board of supervisors shall, in addition to notifying the fiscal court<br />
and any local or regional planning or zoning body of the proposed agricultural district, notify each city that<br />
is located less than one mile from the boundaries of the proposed agricultural district.<br />
Upon approval of a petition to form an agricultural district, notice of the approval shall be provided<br />
to the clerk of each city that is located less than one mile from the boundaries of the approved agricultural<br />
district, in addition to the area development district in which the agricultural district will lie, the local<br />
county clerk, and the secretary of the Governor’s Cabinet by sending a description of the boundaries and<br />
the names and addresses of the property owners within the district.<br />
Procedures for dissolution of an agricultural district are amended to permit any member, or<br />
any successor heir of a member, of an agricultural district may withdraw his or her property from the<br />
agricultural district upon notifying the local conservation district board of supervisors in writing. The<br />
removal of the property from an agricultural district shall be effective immediately upon receipt by the<br />
board of the written notification, at which time the district board of supervisors shall remove the property<br />
from the agricultural district and immediately provide written notice of the changed boundaries to the<br />
same entities and persons named to receive notice of a petition to form an agricultural district.<br />
The withdrawal of a member from an agricultural district reducing the remaining acreage of the<br />
agricultural district land to less than 50 acres, or resulting in the remaining land being noncontiguous,<br />
shall not cause the decertification of the district. The local district board of supervisors may consider<br />
a dissolution of the agricultural district if the withdrawal results in the remaining property within the<br />
agricultural district no longer meeting the definition of agricultural land as defined in KRS 132.010.<br />
SB 16<br />
AGRICULTURAL KEY INFRASTRUCTURE ASSETS<br />
Sponsor: Senator John Schickel (R–Union)<br />
SB 16 amends KRS 511.100 to expand the definition of “key infrastructure assets” to include: 1) an<br />
animal feeding operation as defined in C.F.R. sec. 122.23; 2) a concentrated animal feeding operation as<br />
defined in 40 C.F.R. sec. 122.23; or 3) a commercial food manufacturing or processing facility in which food<br />
is manufactured, processed, or packaged commercially for human consumption, but not including retail<br />
food establishments, home-based processors, or home-based microprocessors as those terms are defined<br />
in KRS 217.015.<br />
The definition of the offense of trespass upon key infrastructure assets is also expanded to include<br />
knowingly, without the consent of the owner or authorized representative, operating an unmanned aircraft<br />
system, video recording device, audio recording device, or photography equipment on or above property<br />
containing an agricultural key infrastructure asset; or records or distributes, photographically, electronically,<br />
or otherwise, any part, procedure, or action of an agricultural key infrastructure asset.<br />
Additional exceptions to the offense of trespass upon key infrastructure assets are added to<br />
include: 1) any electric, water, or natural gas utility company or a person acting on behalf of any electric,<br />
water, or natural gas utility company for legitimate business purposes; and 2) any federal, state, or local<br />
government law enforcement or regulatory officer or employee while the officer or employee is engaged in<br />
the performance of his or her official duties.<br />
KLC.ORG
08<br />
2. ALCOHOLIC BEVERAGES<br />
HB 439<br />
QUOTA RETAIL PACKAGE LICENSE<br />
Sponsor: Representative Matthew Koch (R–Paris)<br />
HB 439 amends several statutes relating to alcoholic beverages, including statutes relating to quota<br />
retail package licenses. KRS 241.066 is amended to increase the number of quota retail package licenses in a<br />
wet county or urban county government containing more than 100,000 residents, excluding Louisville, to one<br />
license for every 2000 residents from one license for every 2300 residents.<br />
KRS 241.069 is amended as a KLC initiative to permit any city, including any city located in a wet or<br />
dry county or urban-county government, to petition the Department of Alcoholic Beverage Control for an<br />
increase in the number of quota retail package licenses available in the city. KRS 242.021 is amended to permit<br />
a city, including a city located in a wet or dry county or urban-county government, to file a request seeking<br />
to increase the number of quota retail package licenses in the city within one year, instead of 3 years, after the<br />
certification of the local option election approving alcohol sales that resulted in the establishment of the quota<br />
retail package license number that the city seeks to have increased.<br />
KRS 243.360 is amended to permit an applicant for a license to publish its intent to apply for a license<br />
either online or in print, subject to an administrative regulation promulgated by the Department of Alcoholic<br />
Beverage Control.<br />
KRS 243.060 is amended to permit the disposal of contraband alcoholic beverages through public<br />
auction, rather than destruction, if: 1) a final order has been entered after all administrative and judicial<br />
proceedings are conducted, if applicable; 2) the entire proceeds of the public auction are donated to the<br />
alcohol wellness and responsibility education fund; and 3) the department deems the inventory safe to release<br />
to the public, including but not limited to the alcoholic beverages being in their original, unopened packaging.<br />
KRS 243.232 is amended to create a vintage distilled spirits license to be issued as a supplementary<br />
license to a licensee that holds a primary license that permits the sale of distilled spirits by the package or by<br />
the drink. Vintage distilled spirits licensees must purchase all vintage distilled spirits in person at its licensed<br />
premises and, at the time of purchase, immediately place a conspicuous sticker, not readily removable, on the<br />
bottle or container that states ‘Vintage Distilled Spirit’. A vintage distilled spirits licensee shall not purchase<br />
more than 24 vintage distilled spirits packages from any single vintage distilled spirits seller in any given<br />
12-month period. A vintage distilled spirits seller shall not sell more than 24 vintage distilled spirit packages<br />
to any single or combination of vintage distilled spirits licensees in any given 12-month period. KRS 243.990 is<br />
amended to establish penalties for vintage distilled spirits sellers who exceed the maximum package limit. An<br />
emergency is declared. HB 439 became law on April 4, <strong>2024</strong> when signed by the Governor.<br />
HB 712<br />
LOCAL OPTION ELECTION FOR LIMITED SALE OF ALCOHOLIC BEVERAGES<br />
IN PRECINCT CONTAINING A MARINA<br />
Sponsor: Representative Ken Fleming (R–Louisville)<br />
HB 712 creates a new section of KRS Chapter 242 to permit a local option election for the sale of<br />
alcoholic beverages to be held in any precinct in a dry or moist county where a marina is located. “Marina” is<br />
defined to mean a dock or basin providing moorings for boats and offering supply, repair, or other services for<br />
remuneration.<br />
A new section of KRS Chapter 243 is created to detail qualifications. To qualify for a local option<br />
election, a marina shall: 1) operate on any body of water; 2) own, operate, or manage at least 15 boat slips; 3)<br />
buy and sell gasoline and petroleum products for the operation of boats; and 4) sell staple groceries; operate a<br />
restaurant on its premises; or sell staple groceries and operate a restaurant on its premises. A restaurant on the<br />
premises is not required to be located on or adjacent to the shoreline of the body of water.<br />
A petition seeking a local option election shall state, “We the undersigned registered voters hereby<br />
petition for an election on the following question: ‘Are you in favor of the sale of alcoholic beverages by the<br />
drink and malt beverages by the package at marinas located in (name of precinct)?’”.<br />
Likewise, a local option election for the sale of alcoholic beverages shall be conducted in the same<br />
manner as specified in KRS Chapter 242. The form of the proposition to be voted upon shall be “Are you in<br />
favor of the sale of alcoholic beverages by the drink and malt beverages by the package at marinas located<br />
in the (name of precinct)?”. When a majority of the votes cast in an election are in favor of establishing moist<br />
territory, the premises of marinas located in that precinct shall become moist in the manner specified in KRS<br />
242.200.
3. ANNEXATION<br />
09<br />
HB 596<br />
ANNEXATION RESTRICTIONS AND PROCEDURES<br />
Sponsor: Representative Jonathan Dixon (R-Corydon)<br />
HB 596, initially filed on behalf of county governments, amends several provisions in KRS Chapter<br />
81 and KRS Chapter 65 related to annexation. KRS 81A.412 is amended to require when a city located in a<br />
county subject to crediting of occupation license fees as set forth in KRS 68.197 proposes to annex territory,<br />
it shall provide written notice to the fiscal court of the county in which the territory is located regarding the<br />
proposed annexation that includes a map and description of the territory to be annexed at least 45 days prior<br />
to enactment of an ordinance finally annexing the territory into the city.<br />
KRS 81A.420 is amended to eliminate an election in opposition to a proposed annexation but allow<br />
a petition to defeat an annexation proposal if 51% or more of the resident voters or owners of real property<br />
within the proposed territory sign and submit to the mayor a petition in opposition within 60 days following<br />
publication of the ordinance proposing annexation. If within 60 days following publication of the ordinance<br />
proposing annexation, no petition in opposition containing the signatures of 51% or more of the resident voters<br />
or owners of real property within the limits of the territory proposed to be annexed has been received by the<br />
mayor, and if the city has provided the written notice to the fiscal court of the county in which the territory is<br />
located at least 45 days prior, the legislative body of the city may enact an ordinance annexing to the city the<br />
territory described in the ordinance.<br />
A new section of KRS 65.210 to 65.300 is created to make interlocal agreements concerning the<br />
sharing of occupational or insurance premium tax revenue between a city and a county terminable only with<br />
the consent of both parties.<br />
A new section of KRS Chapter 81A is created to allow a county subject to occupational tax crediting to<br />
have standing to challenge a proposed annexation prior to or within 60 days after enactment of an ordinance<br />
proposing annexation.<br />
When a city annexes territory in a county that contains active residential, commercial, or industrial<br />
uses on a substantial part of the territory, and the crediting provisions contained in KRS 68.197 apply to the<br />
county, the city shall remit payments to the county on January 1 of each year for a period of 10 years following<br />
enactment of the ordinance annexing the described territory to the city pursuant to the following formula: 1)<br />
the county shall calculate the amounts of ad valorem property, occupational licensure, and insurance premium<br />
taxes the county collected within the territory in the year prior to the proposed annexation;<br />
KLC Executive<br />
Director/CEO<br />
J.D. Chaney<br />
testifies before<br />
the House Local<br />
Government<br />
Committee with<br />
Annexation<br />
Task Force<br />
Co-Chairs Sen.<br />
Robby Mills and<br />
Rep. Jonathan<br />
Dixon, and<br />
KACo Executive<br />
Director/CEO<br />
Jim Henson.<br />
KLC.ORG
10<br />
2) the county shall add to the total amount of ad valorem property tax 150% of the occupational licensure tax<br />
and 150% of the insurance premium tax collected in the year prior to annexation; and 3) the county shall then<br />
subtract from the figure calculated the property tax, occupational licensure tax, and insurance premium tax<br />
revenue it has collected or anticipates it will be able to collect for each year following the annexation, which<br />
figure will represent the remittance payment required to be paid by the city to the county.<br />
The county shall update its calculations on a yearly basis and provide the updated figure to the city<br />
at least thirty 30 days prior to the date on which payment is required to be made by the city. A city shall not<br />
be required to remit payments unless the county has provided the city with documentation confirming the<br />
calculation.<br />
When a city proposes to annex territory that: 1) does not contain active residential, commercial, or<br />
industrial uses on a substantial part of the territory and the crediting provisions contained in KRS 68.197<br />
apply to the county in which the territory is located; 2) the territory is not immediately contiguous to the<br />
existing city boundary and is connected only by a corridor; or 3) the territory is contiguous to the existing<br />
city boundary, but the city is not able to provide tangible benefits or services as a result of the annexation,<br />
the county may, within 15 days after receiving written notice of the annexation from the city, enact a<br />
resolution for transmission to the city stating that the county desires to negotiate with the city regarding<br />
creation of an interlocal agreement for revenue and cost sharing related to development of the territory to be<br />
annexed.<br />
If a city receives the resolution, it shall negotiate with the county to form an interlocal agreement that<br />
addresses participation between the county and city in: 1) cost sharing for public investment in development<br />
of the area; 2) cost sharing for provision of municipal services within the area; and 3) revenue sharing of<br />
occupational tax revenue collected from the territory. The negotiations shall be completed within 60 days of<br />
the enactment of the resolution by the county, and the city shall not enact an ordinance to annex during that<br />
period. If the parties fail to reach an agreement within the 60-day period, the city may enact an ordinance<br />
annexing the territory. The county may elect to participate or not participate in development of the territory.<br />
If the county elects to participate with the city in development of the territory, a cost and revenue<br />
sharing default option shall apply, under which the county shall provide funding for 50% of the costs<br />
associated with the public investment made in developing the territory and 50% of the costs associated with<br />
the provision of additional municipal services in the territory.<br />
The city shall be required to remit to the county, on a yearly basis, 50% of the occupational tax<br />
revenue generated in the territory, or an amount of occupational tax revenue that would equal the amount<br />
that the county would collect from the territory pursuant to its countywide occupational tax rate in the<br />
absence of crediting, whichever is less. In no instance shall a county receive payments that would exceed the<br />
amount it would collect from the territory pursuant to its countywide occupational tax rate in the absence of<br />
crediting.<br />
If a county would receive an amount of revenue that is less than 50% of the occupational tax revenue<br />
generated in the territory, its responsibility for funding shall be changed to a percentage equal to the<br />
percentage of revenue that the county would receive. A county may, during the 60-day period discussed,<br />
KLC Public Affairs Director<br />
Bryanna L. Carroll is<br />
interviewed by WEKU<br />
reporter Stu Johnson.<br />
KLC UPDATE
11<br />
Kentucky Capitol Dome<br />
undergoing renovations.<br />
elect to impose a countywide occupational tax or raise its countywide occupational tax rate in conformance<br />
with statute.<br />
Any agreement, including a default agreement, shall be considered an interlocal agreement and be<br />
subject to the provisions of the Interlocal Cooperation Act, including the reporting requirements contained in<br />
KRS 65.260.<br />
A new section of KRS Chapter 81A is created to allow fiscal courts to establish designated county<br />
industrial districts by enacting an ordinance stating its intent to establish a district that includes a map<br />
and description of the area to be included within the district. Within 10 days of the enactment of the initial<br />
ordinance, the fiscal court shall provide written notice to all cities within the county that includes a map<br />
and a description of the area. The fiscal court shall obtain written consent for inclusion within the proposed<br />
district from each property owner of record within the area to be included in the district. If a county fails<br />
to obtain the consent of each property owner of record, the county shall be barred from including the land<br />
owned by a property owner who did not consent for a period of 5 years in any future attempts to include<br />
that land in the district. Within 100 days following enactment of the ordinance of intent to establish a<br />
district, and after obtaining the consent of each property owner of record, the fiscal court may enact a final<br />
ordinance establishing the district. Within 10 days of enactment of the final ordinance, the fiscal court shall<br />
provide written notice to all cities within the county.<br />
The area within a designated county industrial district shall: 1) be suitable for development for<br />
industrial or commercial purposes; 2) as of the date of the establishment of the district, not be used for<br />
industrial or commercial purposes; and 3) as of the date of the establishment of the district, not have any<br />
part that is contiguous to the municipal boundaries of any city. Land within a district shall be used solely for<br />
industrial or commercial purposes.<br />
A county may establish up to 2 districts that shall collectively total no more than 1,000 acres. If,<br />
within 5 years following establishment of a district, the county has not made substantial investment in<br />
the district, the district shall be dissolved by operation of law. A landowner of property located within a<br />
district may have the property removed from the district with the consent of the county that established<br />
the district. A property owner of land within an established district or abutting a district, or a city within a<br />
county containing a district, may bring suit against the county in the Circuit Court of the county in which the<br />
district is located, on the basis that the county has failed to comply with the provisions of the Act relating to<br />
industrial districts.<br />
A city shall not annex any territory that is within a designated county industrial district, or territory<br />
that is part of a proposed district between the enactment of the initial ordinance but before the enactment<br />
of the final ordinance establishing a designated county industrial district. A city may annex territory within<br />
a district, subject to all other requirements provided by law, if it enters into an interlocal agreement with the<br />
county that specifically allows part or all of the district to be annexed, or the county government passes a<br />
resolution stating that territory in the district may be annexed.<br />
KLC.ORG
12<br />
4. BROADBAND INTERNET<br />
HB 267<br />
OFFICE OF BROADBAND DEVELOPMENT<br />
Sponsor: Representative Josh Bray (R-Mount Vernon)<br />
HB 267 creates new sections of KRS Chapter 224A to establish the federal Broadband Equity<br />
Access and Development Program (BEAD) in the Office of Broadband Development within the Kentucky<br />
Infrastructure Authority as the single point of contact and liaison between the Commonwealth and<br />
federal agencies with regard to programs to expand access to broadband in Kentucky, including<br />
the National Telecommunications and Information Administration, which is part of the United States<br />
Department of Commerce. Under the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, the<br />
National Telecommunications and Information Administration has allocated significant funding to support<br />
broadband deployment throughout Kentucky as part of the BEAD program administered by the National<br />
Telecommunications and Information Administration.<br />
The Office of Broadband Development shall prioritize BEAD Program funds for delivery of service to the<br />
last mile of unserved areas consistent with the federal requirements.<br />
The Office of Broadband Development is authorized to administer the Kentucky BEAD Grant Program,<br />
including the powers to:<br />
1) Develop and submit BEAD Program funding requests to the National Telecommunications and<br />
Information Administration or other responsible federal entities;<br />
2) Conduct a challenge process consistent with federal requirements to identify Kentucky locations<br />
eligible for funding;<br />
3) Develop an application process for applications for funding from the Kentucky BEAD Grant Program,<br />
including requirements for the applications;<br />
4) Determine eligibility criteria for prospective subgrantees and projects;<br />
5) Create rules governing the review process and timeline for applications and challenges to those<br />
applications;<br />
6) Make administrative rules necessary for the achievement of the goals of the Kentucky BEAD Grant<br />
Program;<br />
7) Coordinate and partner with local governments or private entities as necessary;<br />
8) Determine which grant applications should receive funding and disburse those grants from the BEAD<br />
fund;<br />
9) Enter into contracts or agreements necessary or incidental to the performance of its duties, functions,<br />
and responsibilities;<br />
10) Require applicants to submit letters of credit, bonds, or other reasonable means of assuring project<br />
completion it deems appropriate and necessary;<br />
11) If funding is available after identifying and funding BEAD Program deployment projects, identify and<br />
fund nondeployment projects consistent with federal law;<br />
12) Oversee and administer reporting and compliance under grants made under the Kentucky BEAD Grant<br />
Program consistent with federal law; and<br />
13) Act as otherwise necessary to pursue the goals of the Kentucky BEAD Grant Program.<br />
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The BEAD fund is established in the State Treasury for administration by the Office of Broadband<br />
Development. All moneys in the fund shall be allocated and dedicated solely to providing moneys to<br />
grantees which comply with federal requirements and the requirements developed by the Office of<br />
Broadband Development in compliance with the Act and administering the federal BEAD Program. All<br />
moneys obtained from the administration shall be deposited into the BEAD fund.<br />
An emergency is declared. HB 267 became law on April 4, <strong>2024</strong> when signed by the Governor.<br />
SJR 175<br />
BROADBAND POLE ATTACHMENT REQUESTS<br />
Sponsor: Senator Damon Thayer (R-Georgetown)<br />
SJR 175 is a joint resolution to facilitate the deployment of broadband internet service related to a<br />
backlog in processing utility pole attachment requests.<br />
The General Assembly directs the Public Service Commission to promulgate emergency<br />
administrative regulations on utility pole attachments no later than 45 days after the effective date of the<br />
Resolution that shall, at a minimum: 1) remove any utility pole attachment-related impediments to the<br />
deployment of broadband service throughout the Commonwealth; 2) establish parameters for expediting<br />
and processing pole attachment requests for unserved and underserved areas of the Commonwealth in<br />
accordance with the federal Broadband Equity Access and Deployment (BEAD) Program, as authorized<br />
by the bipartisan Infrastructure Investment and Jobs Act and other government initiatives; 3) reduce the<br />
backlog of utility pole attachment requests; and 4) direct utilities that own poles to file new tariffs to<br />
conform with the emergency administrative regulations promulgated by the Public Service Commission no<br />
later than 30 days after the effective date of the emergency administrative regulations.<br />
The Public Service Commission shall additionally initiate a docket on utility pole attachment<br />
issues to receive comments from the affected parties and find resolutions that will expedite utility pole<br />
attachment requests. The docket shall remain open until all utility pole attachment requests funded by the<br />
BEAD Program, the Rural Digital Opportunity Fund, state grants, and local governments are processed and<br />
the projects are completed.<br />
Beginning September 30, <strong>2024</strong>, and quarterly thereafter, the Public Service Commission shall issue<br />
a report to the <strong>Legislative</strong> Research Commission for referral to the Interim Joint Committee on Natural<br />
Resources and Energy, updating the General Assembly on the progress made in expediting utility pole<br />
attachment requests for broadband service.<br />
An emergency is declared. SJR 175 became law on April 4, <strong>2024</strong> when signed by the Governor.<br />
Senate Majority Leader Damon Thayer<br />
(R-Georgetown) speaks on House Bill 5.<br />
Photo courtesy of LRC.<br />
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5. CONTROLLED SUBSTANCES<br />
HB 829<br />
MEDICINAL CANNABIS<br />
Sponsor: Representative Jason Nemes (R–Middletown)<br />
HB 829 amends SB 47, which passed in 2023, creating the legal framework for medicinal cannabis<br />
in Kentucky to revise certain provisions before the legislation goes into effect on January 1, 2025.<br />
Lawmakers declined to expand the list of 7 conditions eligible for medicinal cannabis use under<br />
the state program but provided for opt-out provisions. New provisions allow local governments to elect<br />
not to participate in the state program once it launches in January, provided they do so before the state<br />
grants a license to a cannabis business seeking to operate in the local government’s territory. Likewise,<br />
schools, public and private, may opt out of the program. Local governments can elect not to participate<br />
by passing an ordinance or by putting the question to local voters in a referendum.<br />
The bill additionally moves up the timeline for medicinal cannabis businesses to obtain state<br />
licenses so they can gear up operations before the program officially launches, allowing them to do<br />
so as early as July <strong>2024</strong>, so that cannabis will be available for patients in early 2025. After <strong>2024</strong>, local<br />
governments can still vote to opt-out of allowing medicinal cannabis businesses to operate in their<br />
jurisdictions, but if a business has obtained a license before that, the business is “grandfathered” in.<br />
The Kentucky Medical Cannabis Program under the Cabinet for Health and Family Servies is<br />
expected to release its final regulations on licensing applications by July 1, <strong>2024</strong>, followed by a 3-month<br />
period for public comment.<br />
Louisville House Republicans led by Rep. Jared Bauman unveil House Bill 5<br />
at a press conference in the Capitol Annex.<br />
KLC UPDATE
6. CRIMES & PUNISHMENT<br />
15<br />
HB 5<br />
CRIMES AND PUNISHMENTS<br />
Sponsor: Representative Jared Bauman (R-Owensboro)<br />
HB 5 is an omnibus criminal justice bill relating to crimes and punishments. The purpose of the<br />
measure is to either enhance current penalties or create new criminal offenses. Other provisions in the<br />
bill impact the expenditure of state funds on permanent housing for the homeless, conditions necessary<br />
for involuntary commitment for psychiatric evaluation, programming used as conditions for probation<br />
and parole, the issuance of personal identification to felons upon release, and the circumstances in which<br />
charitable bail organizations can operate. Various sections either enhance current penalties or create new<br />
criminal offenses.<br />
Two provisions of the bill relate specifically to local governments. A new section of KRS Chapter<br />
507 creates the offense of murder of a first responder. A person is guilty of murder of a first responder<br />
when, with the intent to cause the death of a first responder, he or she causes the death of a first<br />
responder. Murder of a first responder is a capital offense and the person shall be sentenced to death or<br />
imprisonment for life without benefit of probation or parole.<br />
A new section of KRS 311 creates the offense of unlawful camping. A person is guilty of unlawful<br />
camping when he or she knowingly enters or remains on a public or private street, sidewalk, area under<br />
a bridge or underpass, path, park, cemetery, or other area designated for use by pedestrians or vehicles,<br />
with the intent to sleep or camp in that area when the area has not been designated for the purpose of<br />
sleeping or camping, or the individual lacks authorization to sleep or camp in the area. Unlawful camping is<br />
a violation for the first offense and a Class B misdemeanor for the second and each subsequent offense, or<br />
if during the first offense the individual refuses to cease the offense.<br />
A new section of KRS Chapter 65 is created to prohibit a government official or governmental<br />
body to adopt or enforce any policy under which it directly or indirectly prohibits or discourages the<br />
enforcement of any law, order, or ordinance prohibiting unlawful camping. A government official or<br />
governmental body shall not directly or indirectly prohibit or discourage a peace officer or prosecuting<br />
attorney who is employed by or otherwise under its direction or control from enforcing any law, order, or<br />
ordinance prohibiting unlawful camping.<br />
The section shall not be interpreted or construed to: 1) prohibit a policy that encourages diversion<br />
programs or offering of services in lieu of citation or arrest; 2) prohibit or otherwise interfere with<br />
general orders or decisions that involve resource allocation or prioritization made by a governmental<br />
official or governmental body; 3) create any cause of action; or 4) permit a peace officer to disobey an<br />
instruction, order, or command from an officer or official within his or her chain of command. The Attorney<br />
General may bring a civil action in any court of competent jurisdiction against any government official<br />
or governmental body to enjoin it from nonenforcement. The Attorney General may recover reasonable<br />
expenses incurred in any civil action brought under this section, including court costs, reasonable<br />
attorney’s fees, investigative costs, witness fees, and deposition costs.<br />
A new section of KRS Chapter 65 is additionally created to permit a local government to<br />
designate indoor or outdoor areas with defined boundaries in an area zoned for commercial or industrial<br />
use, separate from any area frequently used for public purposes, as a temporary camping location for<br />
unsheltered homeless individuals. Any such designated area shall contain potable water and adequate<br />
sanitary facilities, such as portable toilets.<br />
Other provisions of the bill include increased penalties for distribution or trafficking in fentanyl or a<br />
fentanyl derivative.<br />
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HB 159<br />
IMMUNITY FROM CRIMINAL LIABILITY FOR HEALTH CARE PROVIDERS<br />
Sponsor: Representative Patrick Flannery (R-Olive Hill)<br />
HB 159 creates a new section of KRS Chapter 311 to provide immunity to a health care provider<br />
providing health services from criminal liability for any harm or damages alleged to arise from an act or<br />
omission relating to the provision of health services, except nothing limits liability for gross negligence or<br />
wanton, willful, malicious, or intentional misconduct.<br />
“Health services” means clinically related services provided within the Commonwealth to two or<br />
more persons, including but not limited to diagnostic, treatment, or rehabilitative services, and includes<br />
alcohol, drug abuse, and mental health services.<br />
“Health care provider” means: 1) an employee of a health care facility as defined in KRS<br />
216B.015(13); or 2) a person providing health services, including those licensed, certified, or registered<br />
under, or subject to, KRS 194A.700 to 194A.729 or KRS Chapter 311, 311A, 311B, 312, 313, 314, 314A, 315, 319A,<br />
319B, 320, 327, or 333, such as physicians, emergency medical technicians, medical imaging, chiropractors,<br />
dentists, nurses, respiratory care practitioners, pharmacists, phycologists, occupational therapists, and<br />
medical laboratories.<br />
Nothing in the Act shall be construed to amend, repeal, or alter any other immunity, defense,<br />
limitation of liability, or procedure available or required under any other law or contract.<br />
KLC Public Affairs Director Bryanna L. Carroll testifies<br />
before the Public Pension Oversight Board.<br />
KLC UPDATE
7. ECONOMIC DEVELOPMENT & TOURISM<br />
17<br />
HB 13<br />
KENTUCKY PRODUCT DEVELOPMENT INITIATIVE<br />
Sponsor: Representative Adam Bowling (R–Middlesboro)<br />
HB 13 creates a new section of Subchapter 21 of KRS 154 to divide the Kentucky Product<br />
Development Initiative into two segments, the Kentucky Product Development Initiative of 2022 and the<br />
Kentucky Product Development Initiative of <strong>2024</strong>. The Kentucky Product Development Initiative of <strong>2024</strong><br />
begins July 1, <strong>2024</strong>.<br />
A new section of Subchapter 21 of KRS Chapter 154 is created to establish the Kentucky Product<br />
Development Initiative of <strong>2024</strong> under the Cabinet for Economic Development. The cabinet shall partner<br />
with the Kentucky Association for Economic Development to administer the program. The cabinet’s<br />
administration of the program includes: 1) reviewing the applications and proposals submitted by the<br />
proposed grant recipients; 2) verifying the eligibility of the proposed grant recipients; 3) verifying that the<br />
proposed grant recipient seeks grant money for an eligible project prior to prioritizing all eligible projects;<br />
4) determining the population ranking for each county; 5) awarding grants to selected eligible grant<br />
recipients in multiple rounds of funding; and 6) compiling and submitting required reports.<br />
Upon receipt of eligible grant recipients, eligible project recommendations, and prioritization by the<br />
Kentucky Association for Economic Development and a third-party independent site selection consultant,<br />
the cabinet shall verify and process the eligible grant recipients and eligible project recommendations<br />
with the intent to approve and award grants under the economic development fund program pursuant to<br />
KRS 154.12-100. Grants shall be awarded based on: 1) whether the eligible grant recipient received a grant<br />
award from the Kentucky Product Development Initiative of 2022; and 2) available matching funds for the<br />
selected grant recipient’s eligible project based on the county population ranking as determined by the<br />
cabinet.<br />
On or before June 1, <strong>2024</strong>, and no later than June 1 every 2 years thereafter, the cabinet shall<br />
determine a county population ranking for each county by adding the following two factors: 1) the<br />
population density ranking; and 2) the 10-year percentage change in population ranking.<br />
“Population density” means the number of persons per square mile of a county determined by<br />
using the population estimate from the most recent available 5-year American Community Survey as<br />
published by the United States Census Bureau; 2) is calculated by dividing the total county population<br />
by the square miles in the county; and 3) used to rank each county in descending order, with the county<br />
having the largest population density receiving a rank of 1 and the county with the smallest population<br />
density receiving a rank of 120.<br />
“Ten-year percentage change in population” means the percentage change in population within a<br />
county determined by comparing the population estimate from the most recent available 5-year American<br />
Community Survey as published by the United States Census Bureau to the same survey 10 years prior to<br />
the most recent available survey and used to rank each county in descending order, with the county having<br />
the largest positive percentage change in population receiving a rank of 1 and the county with the largest<br />
negative percentage change receiving a rank of 1.<br />
The required local match for each county shall be as follows: 1) eligible projects in counties where<br />
the county population ranking is greater than or equal to 193 shall provide a minimum amount of local<br />
matching funds equal to 10 percent of the project cost; 2) eligible projects in counties where the county<br />
population ranking is less than 193 but greater than or equal to 145 shall provide a minimum amount of<br />
local matching funds equal to 12.5 percent of the project cost; 3) eligible projects in counties where the<br />
county population ranking is less than 145 but greater than or equal to 97 shall provide a minimum amount<br />
of local matching funds equal to 15 percent of the project cost; 4) eligible project in counties where the<br />
county population ranking is less than 97 but greater than or equal to 49 shall provide a minimum amount<br />
of local matching funds equal to 17.5 percent of the project cost; and 5) eligible project in counties where<br />
the county population ranking is less than 49 shall provide a minimum amount of local matching funds<br />
equal to 20 percent of the project cost.<br />
If there are funds available after the first round of grant awards of the Kentucky Product<br />
Development Initiative of <strong>2024</strong>, the cabinet shall initiate additional rounds of grant awards.<br />
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The maximum funding available for an approved development project is $2 million per county,<br />
except for eligible grant recipients involved in a regional project.<br />
For selected eligible grant recipients that are involved in a regional project, the cabinet may pool<br />
the potential allocation of funds available for each county represented by the eligible grant recipients for<br />
the grant amount awarded. A county that is an eligible grant recipient involved in a regional project shall<br />
provide that county’s local matching funds based on the county population ranking. Each county’s local<br />
matching funds may be pooled.<br />
Beginning no later than November 1, <strong>2024</strong>, and annually thereafter until the authorized<br />
appropriation is spent or returned, the cabinet shall compile and submit a report for each application<br />
approved by the Kentucky Economic Development Finance Authority for the Kentucky Product<br />
Development Initiative of <strong>2024</strong>. The report shall be electronically delivered to the <strong>Legislative</strong> Research<br />
Commission and the Interim Joint Committee on Appropriations and Revenue and contain the following<br />
information: 1) the name of the applicant, a description of the eligible project, and the location of each<br />
proposed project for which an application was approved; 2) the date the application was approved by the<br />
Kentucky Economic Development Finance Authority; 3) the amount of funding authorized for each project<br />
approved; 4) the total amount of funding disbursed for each project approved; and 5) the round of funding<br />
for which each project received approval.<br />
$70 million is appropriated by the <strong>2024</strong> General Assembly to the Cabinet for Economic<br />
Development to support development projects approved by the Kentucky Product Development Initiative.<br />
An emergency is declared. HB 13 became law on April 16, <strong>2024</strong>, when signed by the Governor.<br />
HB 29<br />
MOTOR VEHICLE RACING EVENTS<br />
Sponsor: Representative Derek Lewis (R–London)<br />
HB 29 amends KRS 189.503 enacted by the General Assembly in 2023 to allow local governments<br />
to issue permits for motor vehicle racing events on city streets. HB 29 expands the statute to allow a local<br />
government to issue permits for motor vehicle racing events on state-maintained highways subject to<br />
approval by the Transportation Cabinet as well as on city streets.<br />
HB 533<br />
MUNICIPAL REVENUE BONDS FOR ECONOMIC DEVELOPMENT<br />
Sponsor: Representative Amy Neighbors (R–Edmonton)<br />
HB 533, a KLC initiative, amends KRS 103.240 relating to the sale of revenue bonds by cities and<br />
counties permitted to borrow money and issue negotiable bonds for the purpose of defraying the cost of<br />
acquiring an industrial building or pollution control facility. The bill includes payment of working capital<br />
expenditures within a list of permitted uses of money received by cities and counties from the sale of<br />
revenue bonds. An emergency is declared. HB 533 became law on April 9, <strong>2024</strong>, when signed by the<br />
Governor.<br />
Rep. Amy Neighbors testifies before the<br />
Senate Economic Development, Tourism,<br />
and Labor Committee on the passage of<br />
House Bill 533.<br />
KLC UPDATE
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HB 561<br />
CERTIFIED CHILD CARE COMMUNITY DESIGNATION PROGRAM<br />
Sponsor: Representative Samara Heavrin (R–Leitchfield)<br />
HB 561 creates a new section of KRS Chapter 199 to require the Cabinet for Economic Development<br />
to work in partnership with the Council of Area Development Districts to establish a Certified Child Care<br />
Community Designation Program. The purpose of the program is to create new opportunities for local<br />
governments to help increase the supply of child care and early childhood education services in their<br />
communities through voluntary actions related to zoning reform and programming at the local level.<br />
By December 1, <strong>2024</strong>, the cabinet shall make available, on its website and to the <strong>Legislative</strong><br />
Research Commission for referral to the Interim Joint Committee on Families and Children,<br />
recommendations and best practices for local governments to utilize when evaluating local ordinances,<br />
regulations, and land-use rules pertaining to the availability of child care services in local communities.<br />
These recommendations and best practices shall focus on balancing safety with increasing the supply of<br />
child care and early childhood education services and easing local regulatory barriers, and shall include<br />
but not be limited to the following topics: 1) local land-use policies related to center-based, in-home,<br />
and employer-based child care services; 2) policies pertaining to local permitting fees for starting and<br />
operating child care services; and 3) policies related to other local ordinances and regulations that may<br />
pertain to the availability of child care services in local communities.<br />
Recommendations relating to land use policies shall include, but not be limited to: 1)<br />
recommendations for definitions for terms such as “child care,” “child care center,” and “family child care<br />
home;” 2) recommendations on where child care services should be permitted by right, with special<br />
standards, and with conditional use permits; 3) recommendations for requirements for compliance with<br />
conditional use permits and special standards; 4) best practices for safely permitting child care services<br />
in or near industrial areas; 5) best practices for playgrounds associated with child care services; and 6)<br />
recommendations for parking requirements where applicable.<br />
The cabinet, or a third party under contract with the cabinet, shall solicit feedback and input on<br />
the recommendations and best practices from the council, area development districts, and organizations<br />
representing child care providers and in-home family child care providers, local governments, local<br />
elementary and secondary school officials, the business community, economic developers, and community<br />
planning and design professionals. The recommendations and best practices shall take into consideration<br />
the unique needs and differences between urban and rural areas of the state and shall also include<br />
recommendations for local jurisdictions that have not adopted local land use rules in accordance with KRS<br />
Chapter 100, planning and zoning.<br />
By December 1, <strong>2024</strong>, the cabinet shall submit a draft standardized application for certification<br />
and draft instructions for the Certified Child Care Community Designation Program to the <strong>Legislative</strong><br />
Research Commission for referral to the Interim Joint Committee on Families and Children. By April 1, 2025,<br />
the cabinet, after consulting with the council, shall make publicly available a standardized application for<br />
certification and instructions for the Certified Child Care Community Designation Program.<br />
The cabinet shall: (a) begin receiving and approving applications from local governments no earlier<br />
than April 1, 2025; and (b) send notice of approval or denial to applicants no later than thirty (30) days<br />
after receiving an application. If the cabinet denies an application, the cabinet shall include the reason for<br />
the denial in its notice and shall invite the applicant to resubmit.<br />
To attain certification by the cabinet, applicants shall be required to demonstrate that the local<br />
government has: 1) developed clear and actionable strategies, including at least two action items to help<br />
address local child care challenges and raise awareness of state and local child care resources for working<br />
families, current and prospective child care providers, current and prospective employers, and economic<br />
developers; and 2) analyzed local ordinances, regulations, and land-use rules that could create barriers to<br />
the availability of child care services and developed an action plan to implement reforms.<br />
Action items include but are not limited to: 1) creating a community-wide child care task force<br />
that includes representatives from local government, the business community, education, health care,<br />
and early childhood education professionals; 2) making available and maintaining a public list of certified<br />
and licensed child care services in the community; 3) designating a local agency or nonprofit to serve<br />
as a point of contact for local child care issues; 4) helping raise awareness of certification and licensing<br />
requirements for child care providers; 5) making available an accessible guide to assist prospective child<br />
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care service providers in navigating the jurisdiction’s ordinances, regulations, and land-use rules that<br />
pertain to child care; and 6) conducting a study of child care challenges in the local community or actively<br />
participating in a study of child care challenges in the local region.<br />
To comply with the requirement to analyze local ordinances, regulations, and land-use rules that<br />
could create barriers to the availability of child care services, an applicant must demonstrate it has: 1)<br />
gathered community input from child care providers and child care organizations, local residents and<br />
homeowners, local elementary and secondary school officials, the business community, civic and nonprofit<br />
organizations, and economic developers through meetings, listening sessions, or surveys; 2) conducted a<br />
comprehensive analysis of the jurisdiction’s ordinances, regulations, and land-use rules that may pertain to<br />
the provision of child care services and identified ordinances, regulations, and land-use rules that create<br />
barriers to the availability of child care services in the community; and 3) established a clear and specific<br />
action plan to amend ordinances, regulations, and land-use rules that create barriers to the availability of<br />
child care services in the community.<br />
Prior to submitting an application to the cabinet for certification, an applicant shall first submit its<br />
application to the area development district in which the applicant is located and receive approval. The<br />
cabinet shall not accept an application for review or approval unless the area development district in which<br />
the applicant is located has recommended the application for approval. The cabinet shall make publicly<br />
available on its website a list of communities that have obtained the certified child care community<br />
designation.<br />
By December 1, 2025, the cabinet shall submit a report to the <strong>Legislative</strong> Research Commission<br />
for referral to the Interim Joint Committee on Families and Children specifying the communities that have<br />
obtained the designation, a summary of the different strategies used by local communities to expand<br />
access to child care and remove barriers, and recommendations for improvements to the program.<br />
HB 723<br />
GOVERNMENT RESOURCES ACCELERATING NEEDED TRANSFORMATION<br />
(GRANT) PROGRAM<br />
Sponsor: Representative Richard Heath (R–Mayfield)<br />
HB 723 creates a new Subchapter 14 of KRS Chapter 154 and new sections of Subchapter 14 to<br />
establish the Government Resources Accelerating Needed Transformation (GRANT) Program of <strong>2024</strong><br />
intended exclusively for federal grants identified or administered by the United States Department of<br />
Housing and Urban Development, the Delta Regional Authority, or the federal agencies that comprise<br />
the Interagency Working Group on Coal and Power Plant Communities and Economic Revitalization<br />
established by Presidential Executive Order 14008, issued on January 27, 2021.<br />
The program is established under the Cabinet for Economic Development which shall determine the<br />
terms, conditions, and requirements for obligating match funds awarded from the Government Resources<br />
Accelerating Needed Transformation Program fund to selected eligible grant recipients and sunset on<br />
December 31, 2026, unless authorized by the General Assembly to continue its work for a specified period<br />
of time.<br />
The Kentucky Council of Area Development Districts and local area development districts shall<br />
assist eligible grant recipients in identifying available federal grant opportunities and preparing grant<br />
applications for submission to the Resources Accelerating Needed Transformation Program. Nothing shall<br />
prevent any public agency or nonprofit entity from assisting eligible grant recipients.<br />
“Eligible project” means a project that: 1) benefits the public or substantially benefits the public; 2)<br />
satisfies evaluation criteria for location on publicly owned property, property to be acquired, or on private<br />
property for a public purpose; and 3) requires local matching funds based on the county population<br />
ranking.<br />
“County population ranking” means the score of each county determined by the cabinet. “Eligible<br />
grant recipient” means a grant applicant that is a county or city governing body or nonprofit charitable<br />
organization engaged in public benefit improvements.<br />
The cabinet shall develop a scoring system for the project proposed by each match applicant based<br />
on the total projected return on investment and the relative positive impact in the community.<br />
KLC UPDATE
21<br />
To participate in the Government Resources Accelerating Needed Transformation Program of<br />
<strong>2024</strong>, grant applicants may submit either a standardized or a regional application to the cabinet for<br />
consideration by the commission. As part of the preliminary evaluation, the cabinet shall consider the<br />
following: 1) applicant’s eligibility when evaluated against the requirements of the federal grant; and 2)<br />
application completeness when evaluated against the requirements of the federal grant. The cabinet shall<br />
provide a final decision of approval or denial on the application within 21 calendar days of receipt.<br />
The cabinet shall identify and certify the areas for grant funding designated by the United States<br />
Department of Housing and Urban Development, Delta Regional Authority, or Interagency Working Group<br />
as a priority for obligation of match funds and evaluate each applicant’s eligible project according to<br />
specified criteria for the purpose of compiling a recommendation and score for the eligible project.<br />
On or before May 1, <strong>2024</strong>, and not later than May 1 every two years thereafter, the cabinet shall<br />
determine a county population ranking for each county by adding the following two factors: 1) the<br />
population density ranking; and 2) the 10-year percentage change in population ranking.<br />
“Population density” means: 1) the number of persons per square mile of a county determined<br />
by using the population estimate from the most recent available 5-year American Community Survey as<br />
published by the United States Census Bureau; 2) is calculated by dividing the total county population by<br />
the square miles in the county; and 3) is used to rank each county in descending order, with the county<br />
having the largest population density receiving a rank of 1 and the county with the smallest population<br />
density receiving a rank of 120.<br />
“Ten-year percentage change in population” means the percentage change in population within a<br />
county determined by comparing the population estimate from the most recent available 5-year American<br />
Community Survey as published by the United States Census Bureau to the same survey 10 years prior to<br />
the most recent available survey and used to rank each county in descending order, with the county having<br />
the largest positive percentage change in population receiving a rank of 1 and the county with the largest<br />
negative percentage change receiving a rank of 120.<br />
The required local match for each county shall be as follows: 1) eligible projects in counties where<br />
the county population ranking is greater than or equal to 193 shall provide a minimum amount of local<br />
matching funds equal to 1 percent of the state match; 2) eligible projects in counties where the county<br />
population ranking is less than 193 but greater than or equal to 145 shall provide a minimum amount of<br />
local matching funds equal to 2 percent of the state match; 3) eligible projects in counties where the<br />
county population ranking is less than 145 but greater than or equal to 97 shall provide a minimum amount<br />
of local matching funds equal to 3 percent of the state match; 4) eligible projects in counties where the<br />
county population ranking is less than 97 but greater than or equal to 49 shall provide a minimum amount<br />
of local matching funds equal to 4 percent of the project cost; and 5) eligible projects in counties where<br />
the county population ranking is less than 49 shall provide a minimum amount of local matching funds<br />
equal to 5 percent of the state match.<br />
For selected eligible grant recipients that are involved in a regional project, the cabinet may pool<br />
the potential allocation of funds available for each county represented by the eligible grant recipients for<br />
the grant amount awarded. A county that is an eligible grant recipient involved in a regional project shall<br />
provide that county’s local matching funds based on the county population ranking. Each county’s local<br />
matching funds may be pooled.<br />
Beginning no later than November 1, <strong>2024</strong>, and annually thereafter until the authorized<br />
appropriation is spent or returned, the cabinet shall compile and submit a report for each application<br />
approved by the GRANT Commission for the Government Resources Accelerating Needed Transformation<br />
Program of <strong>2024</strong>. The report shall be electronically delivered to the <strong>Legislative</strong> Research Commission and<br />
the Interim Joint Committee on Appropriations and Revenue and contain the following information: 1) the<br />
name of the applicant, a description of the eligible project, and the location of each proposed project for<br />
which an application was approved; 2) the date the application was approved by the Kentucky Economic<br />
Development Finance Authority; 3) the amount of funding authorized for each project approved; 4) the<br />
total amount of funding disbursed for each project approved; and 5) the round of funding for which each<br />
project received approval.<br />
The Government Resources Accelerating Needed Transformation Program of <strong>2024</strong> shall begin April<br />
15, <strong>2024</strong>. The cabinet shall begin accepting applications for the program on May 15, <strong>2024</strong>.<br />
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There is established in the State Treasury a trust and agency account to be known as the<br />
Government Resources Accelerating Needed Transformation Program of <strong>2024</strong> fund administered and<br />
maintained by the Cabinet for Economic Development. Amounts deposited in the fund shall be used for<br />
awarding matching funds to applicants of the Government Resources Accelerating Needed Transformation<br />
Program of <strong>2024</strong> upon notification of award of the federal grant requiring matching funds. Up to 20<br />
percent of the amounts deposited in the fund shall be used for match awards for nonprofit charitable<br />
organizations and up to 80 percent for match awards to city or county governing bodies.<br />
$200 million is appropriated by the <strong>2024</strong> General Assembly for the Government Resources<br />
Accelerating Needed Transformation Program to help cover local funding matches for communities and<br />
nonprofits seeking federal grants. An emergency is declared. HB 723 became law on April 12, <strong>2024</strong>, when<br />
delivered to the Secretary of State.<br />
SB 125<br />
OFF-HIGHWAY VEHICLE PILOT PROGRAM<br />
Sponsor: Senator Phillip Wheeler (R–Pikeville)<br />
SB 125 amends KRS 189.281 to extend the time for local governments located within the boundaries<br />
of the Kentucky Mountain Regional Recreation Authority, or other regional authority, to start an offhighway<br />
vehicle pilot program from the scheduled July 1, <strong>2024</strong>, sunset date to July 1, 2027. The bill also<br />
expands the definition of “local government” to include any local government that operates a public offhighway<br />
vehicle trail system.<br />
SJR 176<br />
WORKFORCE ATTRACTION AND RETENTION TASK FORCE<br />
Sponsor: Senator Max Wise (R–Campbellsville)<br />
SJR 176 is a Senate joint resolution establishing a Workforce Attraction and Retention Task Force to<br />
study how Kentucky can attract and retain skilled workers to address workforce shortages throughout the<br />
state and develop legislative recommendations and policy options on how to:<br />
1) Create a marketing program for Kentucky to attract and retain skilled and talented workers;<br />
2) Study how other states and local and regional communities in Kentucky are marketing their<br />
strengths and job opportunities to address workforce needs, including consultation with Kentucky’s leaders<br />
in economic development, tourism, education, and labor; and<br />
3) Develop recommendations for the General Assembly to create a grant fund program for a<br />
statewide talent marketing campaign and a local or regional talent marketing partnership campaign.<br />
The Cabinet for Economic Development shall hire a consulting and strategic firm to likewise<br />
evaluate and develop legislative recommendations and policy options on creating a marketing program for<br />
Kentucky to attract and retain skilled and talented workers and provide a report to the task force no later<br />
than November 1, <strong>2024</strong>.<br />
The task force shall be composed of 12 members consisting of the chairs of the House and Senate<br />
Standing Committee on Economic Development, Tourism, and Labor who will act as co-chairs; five<br />
additional members of the Senate, three to be appointed by the President of the Senate, and two to be<br />
appointed by the Minority Floor Leader of the Senate; and five additional members of the House, three to<br />
be appointed by the Speaker and two to be appointed by the Minority Floor Leader of the House.<br />
No later than December 1, <strong>2024</strong>, the task force shall submit a report to the <strong>Legislative</strong> Research<br />
Commission for referral to the appropriate committee or committees. The report shall detail all task force<br />
meeting activity and provide recommendations for the creation of the Workforce Attraction and Retention<br />
Grant Program to be attached to the Cabinet for Economic Development. Recommendations shall include<br />
the staffing needs for the program and compliance requirements. An emergency is declared. The Act took<br />
effect on April 18, <strong>2024</strong> when delivered to the Secretary of State.<br />
KLC UPDATE
8. EMERGENCY MEDICAL SERVICES<br />
23<br />
HB 57<br />
CLASSIFICATION<br />
Sponsor: Representative Chris Freeland (R–Benton)<br />
HB 57 amends KRS 311A.030 to remove the classifications of ground ambulance providers, mobile<br />
integrated healthcare programs, medical first response providers, and air ambulance providers as licensed<br />
by the Kentucky Board of Emergency Medical Services to provide flexibility in credentialing emergency<br />
medical services providers.<br />
KRS 311A.142 is amended to permit any emergency medical responder, emergency medical<br />
technician, advanced emergency medical technician, or paramedic that is currently certified or licensed<br />
and in good standing with another state to be eligible for reciprocity at the same certification or licensure<br />
level, rather than only with a state contiguous to Kentucky as currently provided.<br />
An emergency is declared. The Act became law on April 4, <strong>2024</strong> when signed by the Governor.<br />
HB 272<br />
ABANDONED INFANTS<br />
Sponsor: Representative Nancy Tate (R–Brandenburg)<br />
HB 272 amends KRS 405.075 relating to placement of newborn infants inside a safety device at a<br />
participating continuously staffed ground ambulance provider, police station, fire station, or hospital. The<br />
statute is amended to provide an exception to the staffing requirement in relation to licensed emergency<br />
medical services providers when all licensed emergency medical services providers are temporarily off-site<br />
providing emergency medical services.<br />
KRS 156.095 is amended to require every public school in Kentucky to prominently display the Safe<br />
Haven Baby Boxes Crisis Line number administered by the Safe Haven Baby Boxes national organization or<br />
any equivalent successor entity.<br />
HB 484<br />
EMERGENCY MEDICAL SERVICES EDUCATION GRANT PROGRAM<br />
Sponsor: Representative Deanna Frazier Gordon (R–Richmond)<br />
HB 484 creates a new section of KRS Chapter 311A to establish the emergency medical services<br />
education grant program under the Kentucky Board of Emergency Medical Services to increase the<br />
number of persons seeking paramedic initial certification, provide more facilities for certification, and<br />
encourage those persons to be employed by ground ambulance providers located in Kentucky.<br />
The program consists of 3 components: 1) student tuition support; 2) agency support; and 3)<br />
emergency medical services training or educational institution support.<br />
The student tuition support component shall be used for the training and education of individuals<br />
seeking initial paramedic certification who are employed by a ground ambulance provider. The tuition<br />
support shall be paid periodically to the emergency medical services training or educational institution in<br />
which the person is enrolled seeking paramedic certification.<br />
The agency support component shall be used to reimburse ground ambulance providers the wages<br />
paid to an employee while the employee seeks initial paramedic certification.<br />
The emergency medical services training or educational institution support component shall be<br />
used to provide funding to existing and start-up emergency medical services training or educational<br />
institutions that are certified, or seeking certification by the board, and that offer or will offer initial<br />
education courses for emergency medical technician, advanced emergency medical technician, and<br />
paramedic programs.<br />
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The Board of Emergency Medical Services shall, at a minimum, promulgate administrative<br />
regulations to include priority consideration for geographic areas that are underserved in terms of<br />
paramedic coverage, including those with lower populations and higher emergency medical response<br />
times, and for agencies that do not meet national standards of minimum staffing levels or response times<br />
for the dispatch of emergency medical care.<br />
There is established in the State Treasury a trust and agency account to be known as the<br />
emergency medical services education grant fund administered by the Kentucky Board of Emergency<br />
Medical Services. The fund shall consist of state appropriations, contributions, donations, and gifts.<br />
Amounts deposited in the fund shall be used for the purposes outlined in the Act.<br />
HB 528<br />
911 SERVICES<br />
Sponsor: Representative Mark Hart (R–Falmouth)<br />
HB 528, a KLC initiative, amends KRS 65.7631 to extend the 5 percent (5%) apportioned amount<br />
of total monthly revenues deposited into the commercial mobile radio service (CMRS) fund for assisting<br />
with the adoption and operation of next generation 911 initiatives to July 1, 2025 from July 1, <strong>2024</strong> with a<br />
reduction in the rate to two and one-half percent (2.5%) on and after July 1, 2025 instead of the previously<br />
determined date of July 1, <strong>2024</strong>.<br />
Also extended is the seven and one-half (7.5%) rate of total monthly revenues deposited into the<br />
CMRS fund for grants, matching money, or funds relating to 911 services to July 1, 2025 from July 1, <strong>2024</strong>,<br />
with a 10 percent (10%) rate after that date. When the balance of money in the account and not obligated<br />
for permitted uses exceeds three million dollars ($3,000,000), instead of the previously determined<br />
two million dollars ($2,000,000), in any fiscal year, the excess amount shall be allocated to public safety<br />
answering points (PSAPs) eligible to receive disbursements from the CMRS fund upon request for<br />
permitted uses.<br />
KLC Executive Director/<br />
CEO J.D. Chaney and Rep.<br />
Mark Hart testify before<br />
the Senate Veterans<br />
Military Affairs and Public<br />
Protections Committee for<br />
passage of House Bill 528<br />
as amended in the Senate<br />
committee.<br />
HB 782<br />
TELECOMMUNICATORS<br />
Sponsor: Representative Scott Lewis (R–Hartford)<br />
HB 728, a KLC initiative, creates a new section of KRS 15.530 to 15.590 to establish the Public Safety<br />
Telecommunicator Work Group to meet and submit to the Kentucky Law Enforcement Council within one<br />
year of the effective date of the Act a training format for a public safety telecommunicator academy that<br />
incorporates in-person and online training consisting of at least 160 hours. The format shall be developed<br />
and unanimously agreed upon by the work group and approved by the Kentucky Law Enforcement<br />
Council. The work group shall cease to exist after submission to the council unless the council directs it be<br />
continued. The work group shall consist of at least one member each of the Department of Criminal Justice<br />
Training, Kentucky Chapter of the National Emergency Number Association, and the Association of Public<br />
Safety Communications Officials.<br />
KLC UPDATE
25<br />
Rep. Scott Lewis and KLC<br />
Public Affairs Director<br />
Bryanna L. Carroll testify<br />
before the Senate Veterans<br />
Military Affairs and Public<br />
Protection Committee in<br />
favor of House Bill 782.<br />
Upon approval, the Kentucky Law Enforcement Council shall implement the new training format<br />
beginning July 1, 2026. Part-time telecommunicators hired prior to July 1, 2026, shall successfully complete<br />
the 40-hour online course. All part-time telecommunicators hired after July 1, 2026, shall successfully<br />
complete the public safety telecommunicator academy.<br />
KRS 15.540 is amended to add additional requirements for certification by the Kentucky Law<br />
Enforcement Council as a telecommunicator. An agency seeking to hire a telecommunicator must submit<br />
and certify to the Law Enforcement Council all required information regarding the applicant within 120<br />
days after the hire date instead of prior to employment as a telecommunicator. An agency that provides<br />
Criminal Justice Information Service (CJIS) data using a CJIS terminal after the effective date of the Act<br />
must certify completion by the applicant of the CJIS online training program before the applicant can<br />
deliver CJIS data to law enforcement agencies. CJIS is the FBI division responsible for the collection<br />
and dissemination of relevant criminal justice information to law enforcement, criminal justice, civilian,<br />
academic, employment, and licensing agencies.<br />
An agency that does not have a CJIS terminal but receives CJIS data shall complete the CJIS<br />
security and privacy training before the applicant can deliver CJIS data to law enforcement.<br />
If a telecommunicator’s only function is as a call-taker at an agency that has a CJIS terminal, the<br />
telecommunicator shall not be required to complete the CJIS online program but shall complete the CJIS<br />
security and privacy training.<br />
KRS 15.530 is amended to define “public safety communicator” or “telecommunicator” to mean any<br />
public employee, sworn or civilian, who functions as a public safety dispatcher, 911 telecommunicator, or 911<br />
call taker, whose duties and responsibilities include the: 1) answering, receiving, transferring, or dispatching<br />
functions related to 911 calls, as the primary or secondary public safety answering point or emergency<br />
communication center; 2) dispatching law enforcement officers, fire rescue services, emergency medical<br />
services, emergency management, and other public safety services to the scene of an emergency; or 3)<br />
providing real-time information from federal, state, and local crime databases.<br />
KRS 15.560 is amended to require all public safety telecommunicators not previously certified<br />
as a telecommunicator by the Kentucky Law Enforcement Council to complete the public safety<br />
telecommunicator academy within 12 months from the date of hire. All telecommunicators shall additionally<br />
complete each calendar year an in-service training course consisting of 8 hours, appropriate to their job<br />
assignment and responsibility, at a school certified or recognized by the Kentucky Law Enforcement<br />
Council. Provisions of HB 782 unrelated to establishment of the Public Safety Telecommunicator Academy<br />
take effect July 1, 2026.<br />
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9. FIRE DEPARTMENTS & FIREFIGHTERS<br />
HB 43<br />
FIRE PROTECTION<br />
Sponsor: Representative John Hodgson (R-Fisherville)<br />
HB 43 creates a new section of KRS 75.100 to 75.260 to require a fire protection district, volunteer<br />
fire department district, or subdistrict when making a change to fire protection services involving<br />
communications, firefighting resources such as firehouses, vehicles, equipment, personnel, training, and<br />
resource distribution, or water supply under its control that will likely downgrade fire service ratings<br />
to host a public hearing and provide notice of the hearing. Notice must include: 1) the name of the fire<br />
protection district, volunteer fire department district, or subdistrict of either district; 2) a description of<br />
the proposed action; 3) wording to the effect that the action, if undertaken, could increase fire protection<br />
insurance premiums for the members of the district or subdistrict; and 4) the time, date, and location of<br />
the public hearing.<br />
Distribution of the notice by the board of the fire district or subdistrict must include the following<br />
elected officials having constituents in territory contained within the district or subdistrict: Kentucky State<br />
Representatives and Senators; county judges/executives and members of the fiscal court; mayors and<br />
members of city legislative bodies; and the executive head and legislative body members of any merged<br />
government organized under KRS Chapters 67, 67A, or 67C.<br />
Rep. John Hodgson testifies<br />
in favor of House Bill 43.<br />
HB 323<br />
CANCER DETECTION IN FIREFIGHTERS<br />
Sponsor: Representative Deanna Frazier Gordon (R–Richmond)<br />
HB 323 amends KRS 95A.262 to permit the Kentucky Fire Commission to establish, if funds are<br />
available, a program to reimburse firefighters for out-of-pocket expenses for cancer screenings. The<br />
commission may promulgate administrative regulations to: 1) establish a periodic cap and maximum<br />
on reimbursement to a firefighter seeking reimbursement; 2) establish which cancer screening tests<br />
approved by the U.S. Food and Drug Administration for cancer detection in humans may be eligible<br />
for reimbursement; 3) determine eligibility requirements for participants, which in the discretion of the<br />
commission may also include retired firefighters; and 4) establish any other policy to effect the purposes<br />
of the program.<br />
KLC UPDATE
10. FISCAL MATTERS<br />
27<br />
HB 1<br />
APPROPRIATIONS TO GOVERNMENT AGENCIES FROM STATE “RAINY DAY<br />
FUND”<br />
Sponsor: Representative Jason Petrie (R–Elkton)<br />
HB 1 is a companion to HB 6, the state biennial budget. The bill appropriates $2.7 billion in funds<br />
from the Budget Reserve Trust Fund Account (Rainy Day Fund) for one-time investments in public safety,<br />
infrastructure, economic development, and paying down the state’s pension liabilities. Appropriations<br />
include:<br />
• $125 million to the Kenton County Fiscal Court to plan, design, and construct a Commonwealth<br />
Center for Biomedical Excellence in the City of Covington in partnership with Northern Kentucky<br />
University and the University of Kentucky.<br />
• $200 million for the Government Resources Accelerating Needed Transformation Program to<br />
help cover local funding matches for communities and nonprofits seeking federal grants.<br />
• $70 million to the Cabinet for Economic Development to support development projects in<br />
accordance with the Kentucky Product Development Initiative.<br />
• $50 million to Warren and Hardin Counties for water and sewer infrastructure improvements to<br />
support electric vehicle battery production facilities under construction in both counties.<br />
• $100 million to the Cabinet for Economic Development to support approved mega-development<br />
TIF projects of at least $10 million.<br />
• $10 million to the Lexington-Fayette Urban County Government to support Lexington’s<br />
Transformational Housing Affordability Partnership.<br />
• $100 million to Louisville Metro Government for downtown revitalization projects.<br />
• $230 million to help fund three state pension obligations — state police, Kentucky Teachers’<br />
Retirement System, and state employees.<br />
• $100 million to the Kentucky Public Pensions Authority to be applied to the unfunded pension<br />
liability of the Kentucky Employees Retirement System Nonhazardous pension fund.<br />
• $40 million to the University of Kentucky’s Center for Applied Energy Research for<br />
administration and support of the Kentucky Nuclear Energy Development Authority.<br />
State.<br />
An emergency is declared. HB 1 became law on April 12, <strong>2024</strong> when delivered to the Secretary of<br />
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HB 6<br />
STATE/EXECUTIVE BRANCH BUDGET<br />
Sponsor: Representative Jason Petrie (R–Elkton)<br />
HB 6 is the state biennial budget passed by the General Assembly totaling more than $100 billion<br />
for fiscal years <strong>2024</strong>-2026. Appropriations impacting cities include:<br />
‣ $1.87 billion to support the Broadband Equity Access and Deployment program grant.<br />
‣ $1.8 million to support the Kentucky Mountain Regional Recreation Authority.<br />
‣ $16.1 million to support the Kentucky Urban Search and Rescue Program.<br />
‣ $15 million for grants to law enforcement and first responders for the purchase of body armor<br />
through the Attorney General’s office.<br />
‣ Increases the training incentive payment for law enforcement to $4,429 in the first fiscal year and<br />
$4,562 in the second fiscal year along with increases in the administrative fee reimbursement<br />
provided to local governments. Also includes payment for part-time participants for the first time at<br />
$2,215 in the first fiscal year and $2,281 in the second fiscal year.<br />
‣ Increases the training incentive payment for firefighters to $4,429 in the first fiscal year and $4,562<br />
in the second fiscal year along with increases in the administrative fee reimbursement provided to<br />
local governments. Also includes an increase in the aid provided to volunteer fire departments to<br />
$15,000.<br />
‣ $7.8 million to the KY Fire Commission for construction of a Fire Academy Dormitory.<br />
‣ $5 million to complete the statewide deployment of Next Generation 911 services.<br />
‣ $34.5 million to the Kentucky Department of Education to assist local school districts in funding<br />
salaries for School Resource Officers by allowing reimbursement of up to $20,000 for each campus.<br />
‣ Funding for the Wastewater Revolving Loan Program and Drinking Water Revolving Loan Program.<br />
‣ $50 million for the construction of the Western Kentucky Department of Criminal Justice Training<br />
Center in Madisonville (a KLC initiative).<br />
House Appropriations and Revenue Committee Chairman Rep. Jason Petrie (left with<br />
glasses) files House Bill 6 with the House Clerk. Photo courtesy of LRC.<br />
KLC UPDATE
29<br />
HB 8<br />
TAX INCREMENT FINANCING<br />
Sponsor: Representative Jason Petrie (R–Elkton)<br />
HB 8 amends several statutes related to state taxes and fees, including language needed to address<br />
reductions in the state income tax rate in 2022 that can affect state participation receipts for investment<br />
in previously constructed local tax increment financing projects. KRS 154.30-010 is amended to extend a<br />
temporary fix set to expire at the end of <strong>2024</strong> for cities with a tax increment financing agreement in place<br />
before Jan. 1, 2023, to ensure that those cities do not experience a shortfall in state income tax increments<br />
due to the reduction in the state income tax rate. The language provides that the calculation shall use a<br />
modified new revenues formula to calculate the state payment for income tax increments that would make<br />
the revenues equal to an amount that would have been received if the income tax rate remained at 5%. The<br />
provision is set to expire at the end of 2026.<br />
Senate Appropriations<br />
and Revenue Committee<br />
Chairman Chris McDaniel<br />
meets with members<br />
of the media after his<br />
committee voted on three<br />
budget related bills. Photo<br />
courtesy of LRC.<br />
HB 752<br />
DISASTER RECOVERY<br />
Sponsor: Representative Jason Petrie (R–Elkton)<br />
HB 752 appropriates Restricted Funds from the East Kentucky State Aid Funding for Emergencies<br />
(EKSAFE) fund established in KRS 39A.303 and Restricted Funds from the West Kentucky State Aid<br />
Funding for Emergencies (WKSAFE) fund established in KRS 39A.305.<br />
From the EKSAFE fund, $11,000,000 is appropriated in fiscal year <strong>2024</strong>-2025 to the Breathitt<br />
County school district for strained fiscal liquidity related to the impact of the Presidential Declaration of<br />
a Major Disaster, designated FEMA-4663-DR. From the WKSAFE fund, $54,331,000 is appropriated in<br />
fiscal year <strong>2024</strong>-2025 to the Department for Local Government for strained fiscal liquidity in: 1) the City<br />
of Mayfield, in the amount of $48,231,000 for the electric and water systems, fire station #1, police station,<br />
and city hall; and 2) Graves County, in the amount of $6,100,000 for the administrative building.<br />
If a recipient of moneys from the EKSAFE or WKSAFE fund subsequently receives moneys from any<br />
other source, the recipient shall reimburse the Commonwealth for the amount of the moneys received from<br />
the EKSAFE or WKSAFE fund. All moneys reimbursed to the Commonwealth shall be deposited into the<br />
Budget Reserve Trust Fund account established in KRS 48.705 within 30 days. The moneys appropriated<br />
shall not lapse and shall carry forward until June 30, 2026. If the moneys are not encumbered by June 30,<br />
2026, the moneys shall be returned to the Commonwealth and deposited into the Budget Reserve Trust<br />
Fund account established in KRS 48.705 within 30 days.<br />
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11. LAW ENFORCEMENT<br />
HB 456<br />
COUNTY SHERIFF’S OFFICE AND COUNTY POLICE FORCE<br />
Sponsor: Representative Samara Heavrin (R–Leitchfield)<br />
HB 456 amends KRS 337.285 to add sheriff’s offices and county police forces to the local<br />
government agencies eligible for an exception to overtime compensation. A sheriff’s office or county police<br />
force would not need to pay an officer who works 80 hours or less in a work period of 14 consecutive days<br />
at 1.5 times the hourly wage. The legislation automatically applies if the sheriff’s office or county police<br />
force does not have a collective bargaining unit. If there is a collective bargaining unit, there must be<br />
agreement between parties for the exemption to apply.<br />
An emergency is declared. The Act became law on March 5, <strong>2024</strong>, when signed by the Governor.<br />
HB 482<br />
KENTUCKY LAW ENFORCEMENT COUNCIL<br />
Sponsor: Representative Stephanie Dietz (R–Edgewood)<br />
HB 482 amends KRS 15.315 to add the chief of police of the Owensboro Police Department<br />
and the director of the Northern Kentucky Police and Sheriff’s Training Center to the Kentucky Law<br />
Enforcement Council as ex officio members with voting rights. Each ex officio member may designate in<br />
writing a person to represent him or her to vote on his or her behalf. Any designee of the chief of police<br />
of the Owensboro Police Department and the director of the Northern Kentucky Police and Sheriff’s<br />
Training Center shall be the head of the agency’s training division or the agency’s deputy chief or deputy<br />
commissioner.<br />
HB 551<br />
COLD CASES<br />
Sponsor: Representative Keturah Herron (D–Louisville)<br />
HB 551 creates a new section of KRS Chapter 65 to allow law enforcement agencies to contract<br />
with retired peace officers to assist with homicide cold cases. “Law enforcement agency” is defined to<br />
mean any police department of a local government or sheriff’s department.<br />
Any law enforcement agency may contract with a retired peace officer when: 1) new information<br />
concerning a cold case involving a homicide is brought to the attention of the law enforcement agency;<br />
or 2) the law enforcement agency wishes to conduct a review of its cold cases involving a homicide and a<br />
retired peace officer could provide unique expertise or knowledge that would aid in solving a cold case.<br />
A retired peace officer contracted by a law enforcement agency shall not be considered a peace<br />
officer for purposes of the contracted work and shall not exercise peace officer powers. Any compensation<br />
received by a retired peace officer for contracted work shall not be considered creditable compensation by<br />
any state retirement system in which the retired peace officer participates.<br />
SB 162<br />
VEHICLE ACCIDENT REPORTS<br />
Sponsor: Senator Robby Mils (R–Henderson)<br />
SB 162 amends KRS 189.635 to permit a law enforcement agency to retain a copy of vehicle<br />
accident reports that the agency is required to submit to the Department of Kentucky State Police after<br />
investigation of an accident. Reports retained by a law enforcement agency shall not be considered open<br />
records under KRS 61.870 to 761.884 and shall remain confidential except as permitted by law.<br />
KLC UPDATE
12. LOCAL GOV. ADMINISTRATION<br />
31<br />
HB 18<br />
RIGHTS OF OWNERS OF RENTAL PROPERTY<br />
Sponsor: Representative Ryan Dotson (R–Winchester)<br />
HB 18 creates a new section of KRS Chapter 65 to restrict local governments from enacting local<br />
ordinances banning landlords from discriminating against people who use federal housing vouchers. A<br />
local government shall not adopt or enforce an ordinance or regulation that prohibits any owner, lessee,<br />
sublessee, assignee, managing agent, or other person having the authority to lease, sublease, or rent a<br />
housing accommodation from refusing to lease or rent the housing accommodation to any person when<br />
the person’s lawful source of income to pay rent includes funding from a federal housing assistance<br />
program.<br />
HB 18 additionally creates a new section of KRS Chapter 65 to prohibit a local government, special<br />
district, or other provider of any emergency response service to submit any demand for payment or<br />
require an owner of property occupied by an individual other than the owner to pay any emergency<br />
response fee that arises out of the actions of another over which the owner has no control.<br />
A new section of KRS 383 is created to restrict local governments from adopting or enforcing any<br />
ordinance relating to landlord or tenant laws that is in conflict with any law of the Commonwealth.<br />
State.<br />
An emergency is declared. HB 18 became law on March 6, <strong>2024</strong>, when delivered to the Secretary of<br />
Rep. Ryan Dotson presents KLC<br />
opposed House Bill 18 on the House<br />
floor. Photo courtesy of LRC.<br />
HB 248<br />
REINSTATEMENT OF POLICE AND FIRE DEPARTMENT EMPLOYEES IN AN<br />
URBAN-COUNTY GOVERNMENT<br />
Sponsor: Representative Killian Timoney (R–Nicholasville)<br />
HB 248 amends KRS 95.440 to increase the time period in which former members of the police<br />
or fire department in an urban-county government are eligible for reinstatement. The statute permits any<br />
person who has successfully completed his or her probationary period and subsequently ceased working<br />
for the police or fire department in an urban-county government for reasons other than dismissal to be<br />
restored to the position, rank, and pay he or she formerly held, or to an equivalent or lower position, rank,<br />
or pay than that which he or she formerly held, for a period of one year following separation from the<br />
police or fire department with the approval of the appointing authority. The statute is amended to delete<br />
the one-year requirement for reinstatement, permitting reinstatement of a qualified former member of the<br />
police or fire department at any time with the approval of the appointing authority.<br />
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HB 320<br />
CIVIL PROCEDURE<br />
Sponsor: Representative Daniel Elliott (R–Danville)<br />
HB 320 amends several statutes relating to court procedures in civil cases. A new section of KRS<br />
Chapter 413 is created to require the following actions to be commenced within 3 years after the cause of<br />
action accrued: 1) an action against an employer for wrongful discharge in violation of public policy; and 2)<br />
an action for a violation of KRS 344.030 to 344.110 or 344.372 for unlawful discrimination.<br />
KRS 337.385 is amended to increase the limitation period from two years to three years after a<br />
cause of action accrues for wage and hour violations in any court or administrative action under any<br />
provision of the chapter not otherwise subject to an express period of limitation.<br />
KRS 454.210 is amended to expand personal jurisdiction of Kentucky courts over nonresidents in<br />
civil cases.<br />
HB 472<br />
RESIDENTIAL PLANNED COMMUNITIES<br />
Sponsor: Representative Chris Freeland (R–Benton)<br />
HB 472, a KLC initiative, creates a new section of KRS Chapter 381 to provide, if a planned<br />
community, whether active or inactive, fails to maintain any infrastructure, common area, storm water<br />
detention or retention area, or other facility that it is legally obligated to maintain, any city in which the<br />
planned community is located may petition the Circuit Court of the jurisdiction in which the city lies for the<br />
appointment of a receiver to manage the affairs of the homeowners’ association.<br />
“Planned community” is defined to mean a group of residential dwellings, excluding condominiums,<br />
composed of individual lots for which a deed, common plan, or other legal document requires that: 1) all<br />
owners within the group become members of a homeowners’ association; 2) owners, or the homeowners’<br />
association, hold or lease property or facilities for the benefit of all owners within the group; or 3) owners<br />
support by membership fees property or facilities for all owners within the group to use.<br />
The city shall serve notice of the filing of the petition on the governing authority of the planned<br />
community and each owner within the planned community. If the petition by a city for the appointment of<br />
a receiver is successful, the city seeking the appointment of a receiver shall be entitled to reimbursement<br />
of all costs, fees, and reasonable attorney’s fees, as approved by the court.<br />
The receiver appointed shall have all the authority granted to the governing authority of the<br />
planned community by its governing documents, including the ability to impose and collect fees as<br />
authorized by, and in conformance with, its governing documents, and to contract for the ongoing<br />
renovation, maintenance, and upkeep of the legally obligated infrastructure, common areas, storm water<br />
detention or retention areas, or other facilities. The receiver shall be entitled to recover reasonable costs<br />
and fees for services as approved by the court.<br />
If any city is required to expend funds to repair, renovate, maintain, or correct code violations of<br />
the infrastructure, common areas, storm water detention or retention areas, or other facilities for which the<br />
homeowners’ association is legally responsible, the city may seek reimbursement for those costs from the<br />
receiver.<br />
HB 528<br />
CITY ALCOHOLIC BEVERAGE CONTROL ADMINISTRATORS<br />
Sponsor: Representative Mark Hart (R–Falmouth)<br />
HB 528, a KLC initiative, amends KRS 241.170 regarding the powers and duties of city alcoholic<br />
beverage control administrators to clarify that administrators and the administrator’s investigators in all<br />
cities have the same police powers as permitted for administrators in counties, urban-county governments,<br />
and consolidated local governments to inspect any premises where alcoholic beverages are manufactured,<br />
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sold, stored, or otherwise trafficked in, without first obtaining a search warrant.<br />
HB 388<br />
CONSOLIDATED LOCAL GOVERNMENT<br />
Sponsor: Representative Jason Nemes (R–Middletown)<br />
HB 388 amends several statutes relating to consolidated local governments. Louisville Metro is the<br />
only consolidated local government in Kentucky. KRS 67C.147 is amended relating to urban service tax<br />
districts in a consolidated local government. The amendment requires the consolidated local government<br />
to reimburse fire districts operating under KRS Chapter 75 that make emergency medical runs within the<br />
area of the urban service tax district. No later than July 1, 2025, the consolidated local government shall,<br />
by agreement or contract, reimburse a fire district operating under KRS Chapter 75 for expenses related<br />
to each emergency medical response made by the fire district into the area of the urban service tax<br />
district when the fire district is authorized by agreement to provide emergency services responses within<br />
that area. A fire district so responding shall receive from the consolidated local government $300 for<br />
responding and transporting a patient and $150 for responding when no patient is transported.<br />
KRS 67C.111 is amended to prohibit a city in a county containing a consolidated local government<br />
from annexing manufacturing areas primarily for the purpose of obtaining occupational license tax revenue<br />
unless each owner of record within the area to be annexed gives prior consent in writing to the annexation.<br />
‘Manufacturing area’ means an area containing land, buildings, or structures, or parts thereof, used for or in<br />
support of the manufacturing or assembling of products.<br />
A new section of KRS Chapter 67C is created to require the appointing authority in a consolidated<br />
local government, in appointing members to local boards, commissions, committees, and other<br />
administrative bodies, to make a conscientious effort to select, from among the most qualified persons,<br />
those persons whose appointment would ensure that the membership of the board, commission,<br />
committee, or other administrative body accurately reflects the geographic population of the area<br />
represented as determined pursuant to the most recent federal decennial census unless the law regulating<br />
such appointment requires otherwise.<br />
Rep. Jason Nemes (left) , City of Douglass<br />
Hills Mayor Bonnie Jung, And Sen. Julie<br />
Raque Adams present House Bill 388.<br />
KRS 67C.103 is amended to make the election of the mayor and council members in a consolidated<br />
local government nonpartisan effective January 1, 2025.<br />
KRS 177.360 is amended regarding the allocation of Municipal Road Aid funds by a consolidated<br />
local government to require the consolidated local government to establish procedures to identify project<br />
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needs in unincorporated areas that prioritize consideration of population growth, population density, and<br />
economic development potential.<br />
A noncodified section is created to require a consolidated local government to establish, support,<br />
and maintain through December 31, <strong>2024</strong>, a Property Valuation Review Commission to review appropriate<br />
records to ensure that the property valuation administrator of the county assesses property within<br />
the county consistently, and that property types or classifications are assessed uniformly within the<br />
boundaries of the consolidated local government for all taxable property assessed as of January 1, 2023.<br />
The commission shall identify the various property types or classifications that exist within the boundaries<br />
of the county and review sufficient sample properties to determine consistency and uniformity. The<br />
commission shall be composed of 7 members appointed by the mayor, including one member representing<br />
the Jefferson County League of Cities, and make a report of its findings no later than December 31, <strong>2024</strong>,<br />
after which the commission shall be dissolved. The provision is subject to an emergency clause and<br />
became effective on April 12, <strong>2024</strong>, when delivered to the secretary of State.<br />
An additional noncodified section is created to prohibit a consolidated local government from<br />
revising its Land Development Code after the 2025 legislative session, including any change to increase the<br />
allowable density of residential units per acre or any other unit describing land size in any zoning district<br />
classification after the effective date of the Act and prior to April 15, 2025. The provision is subject to an<br />
emergency clause and became effective on April 12, <strong>2024</strong>, when delivered to the Secretary of State.<br />
HB 492<br />
LOCAL GOVERNMENT ACCESS TO FEDERAL TAX INFORMATION<br />
Sponsor: Representative Matt Lockett (R–Nicholasville)<br />
HB 492 creates a new section of KRS Chapter 65 to require each employee of a qualified local<br />
government, including contract staff, who has access to or use of federal tax information directly<br />
sourced from the Internal Revenue Service under 26 U.S.C. sec. 6103 to submit to a criminal background<br />
investigation by means of a fingerprint check by the Department of Kentucky State Police and the Federal<br />
Bureau of Investigation.<br />
“Qualified local government” means a local government that meets the requirements for access<br />
to federal tax information as described in 26 U.S.C. sec. 6103 relating to confidentiality and disclosure<br />
of returns and return information applicable to local governments with a population of at least 250,000<br />
residents.<br />
Any fee charged by the Department of Kentucky State Police shall be an amount no greater than<br />
the actual cost of processing the request and conducting the background check. The department shall<br />
promulgate administrative regulations to implement provisions of the Act.<br />
Louisville’s Revenue Commission is the only qualified local government in Kentucky that meets the<br />
population requirement for access to federal tax information.<br />
KLC UPDATE
13. NUCLEAR ENERGY<br />
35<br />
SB 198<br />
NUCLEAR ENERGY DEVELOPMENT<br />
Sponsor: Senator Danny Carroll (R–Benton)<br />
SB 198 creates new sections of KRS Chapter 164 to establish the Kentucky Nuclear Energy<br />
Development Authority attached to the University of Kentucky Center for Applied Energy Research<br />
for administrative purposes. The mission of the authority shall be to serve as the nonregulatory state<br />
government agency on nuclear energy issues and development in Kentucky and to support and facilitate<br />
the development of nuclear energy resources across the state in a collaborative manner that: 1) enhances<br />
the state’s economy; 2) offers energy production and economic development opportunities that are<br />
safe; 3) protects the environment; 4) supports community voices, especially in historically impacted or<br />
underrepresented areas; 5) increases energy education; and 6) prepares a future workforce.<br />
The Kentucky Nuclear Energy Development Authority shall be governed by an advisory board<br />
consisting of 22 voting members and 8 nonvoting members, including 7 state government voting members<br />
or their designees as follows: 1) director of the University of Kentucky Center for Applied Energy Research<br />
who shall serve as chair; 2) secretary of the Energy and Environment Cabinet; 3) secretary of the Cabinet<br />
for Economic Development; 4) chair of the Public Service Commission; 5) president of the Council on<br />
Postsecondary Education; 6) secretary of the Education and Labor Cabinet; and 7) director of the Division of<br />
Emergency Management.<br />
Voting members also include: 1) a representative from each of the 4 investor-owned electric utilities<br />
operating in Kentucky, designated by the president of each investor-owned electric utility, unless two or<br />
more of the investor-owned electric utilities are operated under common ownership, in which case only<br />
one representative shall be designated for the commonly owned utilities; 2) 3 representatives of electric<br />
cooperatives designated by the chief operating officer of the Kentucky Association of Electric Cooperatives,<br />
one of whom shall represent distribution cooperatives and two who shall represent each of the generation<br />
and transmission electric cooperatives operating in Kentucky, unless they are operated under common<br />
ownership, in which case only one representative shall be designated; 3) representative of the Tennessee<br />
Valley Authority designated by its chief nuclear officer; 4) representative of municipal utilities designated by<br />
the executive director of the Kentucky League of Cities; 5) representative of nuclear site remediation services<br />
designated by the director of business services for the Four Rivers Nuclear Partnership; 6) representative for<br />
environmental interests designated by the executive director of the Kentucky Conservation Committee; 7)<br />
representative of manufacturers designated by the president of the Kentucky Association of Manufacturers;<br />
8) representative for commercial interests, designated by the president of the Kentucky Chamber of<br />
Commerce; 9) mayor of a city, designated by the executive director of the Kentucky League of Cities who<br />
lives in an “energy community” as that term is used in the Inflation Reduction Act of 2022, Pub. L. No. 117-169,<br />
and as it is defined in the latest guidance by the Internal Revenue Service; and 10) county judge/executive,<br />
designated by the executive director of the Kentucky Association of Counties who lives in an ‘energy<br />
community’ as that term is used in the Inflation Reduction Act of 2022 and as defined in the latest guidance<br />
by the Internal Revenue Service.<br />
The 8 nonvoting members on the advisory board shall consist of: 1) the president of the Nuclear<br />
Energy Institute, or designee; 2) a representative from a national nuclear educational nonprofit organization<br />
designated by the chair and confirmed by a majority of the voting members; 3) a representative from a<br />
United States Department of Energy National Laboratory with expertise in nuclear energy policy issues<br />
designated by the chair and confirmed by a majority of the voting members; 4) a representative from a<br />
nongovernmental nuclear policy advocacy organization designated by the chair and confirmed by a majority<br />
of the voting members; 5) two members of the Senate who shall serve as ex officio members designated<br />
by the President of the Senate; and 6) two members of the House of Representatives who shall serve as ex<br />
officio members designated by the Speaker of the House.<br />
State government members and members of the General Assembly shall serve on the advisory board<br />
during the terms of their appointed or elected positions. After the initial staggered appointments of 2 to 3<br />
years, all other members of the advisory board shall serve terms of 4 years. The advisory board shall hire a<br />
director.<br />
The authority, with the approval of the advisory board, shall: 1) propose and adopt bylaws for the<br />
management and operation of the authority; 2) develop and adopt a strategic plan for carrying out the<br />
purposes of the authority; 3) create and update at least once every 2 years a nuclear energy economic<br />
impact analysis for the Commonwealth; 4) employ necessary staff to carry out the functions of the authority;<br />
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and 5) by December 1, 2025, and each December 1 thereafter, submit a report to the Governor and the<br />
<strong>Legislative</strong> Research Commission for referral to the Interim Joint Committees on Natural Resources and<br />
Energy, Appropriations and Revenue, and Economic Development and Workforce Investment providing a<br />
summary of the authority’s activities and achievements since its last report and offering recommendations<br />
for the support and expansion of the nuclear energy ecosystem in the Commonwealth.<br />
A new section of KRS Chapter 164 is created to require the Kentucky Nuclear Energy Development<br />
Authority, with the approval of its advisory board, to develop and adopt criteria for awarding a nuclearready<br />
community designation to demonstrate a community’s readiness to welcome nuclear energy-related<br />
development. The criteria to attain the designation shall include but not be limited to: 1) the holding of<br />
local public educational meetings to educate the community on advanced nuclear energy technologies,<br />
the nuclear ecosystem, and the role that nuclear energy-related development could play in the community;<br />
2) the availability of sites within the community that have been recognized by the Cabinet for Economic<br />
Development as being suitable for nuclear energy-related projects; and 3) the adoption of resolutions from<br />
the county and all cities in the county or a successful county ballot initiative declaring the community’s<br />
readiness for nuclear energy-related projects to be developed and sited there.<br />
Communities may voluntarily apply to the Kentucky Nuclear Energy Development Authority for a<br />
nuclear-ready community designation in the form and manner as the authority may require, and the authority<br />
shall evaluate the application and award the designation based on the established criteria.<br />
A new section of Subchapter 12 of KRS Chapter 154 is created to direct the Cabinet for Economic<br />
Development to create and implement a financial assistance program for the development and location of<br />
nuclear energy-related projects to support the entire nuclear energy ecosystem in the state, including utility<br />
and private sector economic development activities. The cabinet, in consultation with the Kentucky Nuclear<br />
Energy Development Authority, shall verify and process eligible financial assistance requests for nuclear<br />
energy-related projects under the grant program.<br />
The legislation additionally includes 3 noncodified sections:<br />
The Kentucky Nuclear Energy Development Authority shall conduct a study to identify the workforce<br />
and educational needs to develop and support the nuclear ecosystem in Kentucky and submit the findings of<br />
the study to the Governor and to the <strong>Legislative</strong> Research Commission on or before December 1, <strong>2024</strong>.<br />
The Kentucky Nuclear Energy Development Authority shall contract for services to produce a site<br />
suitability study to identify the best potential locations for nuclear reactors and other facilities related to the<br />
nuclear ecosystem in the Commonwealth and submit the findings of the study to the Governor and to the<br />
<strong>Legislative</strong> Research Commission on or before December 1, 2025.<br />
The Kentucky Nuclear Energy Development Authority shall contract for services to develop and<br />
implement an education and marketing plan to educate the public on modern nuclear energy technology<br />
and to provide information on the potential benefits of nuclear power generation and other applications of<br />
nuclear energy technologies.<br />
SJR 140<br />
PUBLIC SERVICE COMMISSION<br />
Sponsor: Senator Danny Carroll (R-Benton)<br />
SJR 140 is a joint resolution directing the Public Service Commission to make all staffing,<br />
organizational, and administrative preparations necessary to be ready to discharge its regulatory duties<br />
relating to applications for the siting and construction of nuclear energy facilities in Kentucky, including<br />
but not limited to: 1) conducting a survey of nuclear regulatory staff in other states to determine their pay,<br />
experience, and qualifications so that the commission can make informed decisions on the recruitment and<br />
hiring of its own nuclear regulatory staff; 2) contracting with personnel with expertise in nuclear regulatory<br />
matters to be available immediately to assist with the administration of nuclear siting or construction<br />
applications should they be filed with the commission; 3) providing for the training of existing commission<br />
staff on nuclear siting and construction issues; 4) amending administrative regulations promulgated by<br />
the commission to require that electric utilities consider the costs and benefits of all generation resources,<br />
including but not limited to nuclear power generation resources, when determining how to meet future<br />
demand as part of the triennial integrated resource plans that they are required to file with the commission;<br />
and 5) reviewing, in consultation with experts in state nuclear regulatory matters, and amending, if necessary,<br />
all other administrative regulations promulgated by the commission to ensure that they do not contain any<br />
provisions that would impede the commission from effectively regulating nuclear facilities or obstruct the<br />
development of nuclear resources in the state.<br />
KLC UPDATE
14. PLANNING & ZONING<br />
37<br />
HB 443<br />
LAND USE<br />
Sponsor: Representative Steven Rudy (R–Paducah)<br />
HB 443 creates a new section of KRS Chapter 100 to require that local ordinances, rules, and<br />
regulations governing subdivision plats and development plans be set in the form of objective standards<br />
and applied ministerially, with exceptions.<br />
Ordinances, rules, and regulations governing development plans may allow for discretion to be<br />
applied by the approving authority in circumstances where: 1) an applicant seeks a deviation from the<br />
established objective standards; or 2) the approving authority determines, based on substantial evidence,<br />
that a strict ministerial application of the established objective standards would pose a specific threat to<br />
public health, safety, or welfare in the affected area.<br />
The Act takes effect on July 1, 2025.<br />
House Floor Leader Steven Rudy smirks at<br />
the camera as a House Committee approves<br />
House Bill 443 before he can testify.<br />
HB 581<br />
RETAIL FILLING STATIONS<br />
Sponsor: Representative Ken Upchurch (R–Monticello)<br />
HB 581 creates a new section of KRS Chapter 100 to prohibit local governments from using the<br />
zoning process or adopting or enforcing any measure that prohibits or limits the ability of a retail filling<br />
station from locating in areas in which similar businesses that serve the public may locate, could be<br />
reasonably construed to discriminate against the use or location of a retail filling station, or treats retail<br />
filling stations differently than electric vehicle charging stations.<br />
“Retail filling station” means any place accessible to general public vehicular traffic where gasoline<br />
or special fuel is or may be placed into the fuel supply tank of a licensed motor vehicle. “Electric vehicle<br />
charging station” means any place accessible to general public vehicular traffic where electric power may<br />
be used to charge a battery or other storage device of a licensed electric vehicle.<br />
Local governments are not prohibited from subjecting retail filling stations to restrictions similar<br />
to those applicable to other businesses that: 1) provide siting requirements, including siting requirements<br />
involving certain geographic areas; 2) do not effectively prohibit the operation of a retail filling station; and<br />
3) are not preempted by state or federal law.<br />
Rep. Ken Upchurch testifies before a local<br />
government committee on House Bill 581.<br />
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HB 11<br />
15. PUBLIC HEALTH<br />
NICOTINE PRODUCTS<br />
Sponsor: Representative Rebecca Raymer (R–Morgantown)<br />
HB 11 creates new sections of KRS 438.305 to 438.340 to regulate what types of vapor products<br />
can be sold in Kentucky with the goal to curb youth vaping. The bill requires Kentucky businesses to<br />
acknowledge when filing business-related documents with the Secretary of State’s office if the business<br />
sells authorized vapor products at retail. The Secretary of State shall create a list of retailers that sell<br />
authorized vapor products and provide the list to the Department of Alcoholic Beverage Control and the<br />
Department of Revenue on a monthly basis.<br />
The Department of Alcoholic Beverage Control regulates the sale of tobacco and vapor products<br />
to determine if authorized tobacco and vapor products are sold. Based on information gathered by the<br />
department, the department shall create and maintain a tobacco product noncompliance database and<br />
reporting system to identify retailers that have violated provisions of HB 11 by selling an authorized vapor<br />
or tobacco product to a minor or an unauthorized vapor product to anyone. A wholesaler shall not sell<br />
authorized vapor products to a retailer until the wholesaler verifies that the retailer is not in the tobacco<br />
product noncompliance database and reporting system.<br />
A retailer that sells an authorized vapor or tobacco product to a minor shall be subject to a fine of<br />
not less than $100 or more than $500 for the first citation issued; $1,000 for a second citation; and $5,000<br />
for a third or subsequent citation. For a fourth or subsequent citation issued for a violation within a twoyear<br />
period, a retailer shall lose the ability to lawfully sell vapor products for one year.<br />
A retailer that sells an unauthorized vapor product to anyone shall be subject to a fine of $1,000 for<br />
the first citation and $5,000 for a second or subsequent citation. For a third or subsequent citation issued<br />
for a violation within a two-year period, a retailer shall lose the ability to lawfully sell vapor products for<br />
one year.<br />
A retailer in the tobacco noncompliance database and reporting system that sells vapor products<br />
that are unauthorized vapor products shall be subject to a fine of $10,000 per unlawful transaction.<br />
All certified peace officers with general law enforcement authority and investigators of the<br />
Department of Alcoholic Beverage Control may issue a citation for a violation of the Act. A citation shall<br />
not be issued to a minor, and a minor shall not be arrested in connection with a retailer’s violation of<br />
the Act. All citations issued shall be reported to and enforced by the Department of Alcoholic Beverage<br />
Control. Multiple violations found during one visit shall be reported on a single citation and considered to<br />
be one violation for purposes of the penalties set forth in the Act.<br />
The Act takes effect January 1, 2025.<br />
HB 109<br />
SWIMMING POOLS<br />
Sponsor: Representative Kevin Jackson (R–Bowling Green)<br />
HB 109, a KLC initiative, creates a new section of KRS Chapter 211 to require the Cabinet for Health<br />
and Family Services to establish a system for classification of swimming pools into either Class A or Class<br />
B. “Class A” means any pool or bathing facility intended for or used by the general public for recreational<br />
use. “Class B” means any pool not open to the general public, but open to limited groups and their invited<br />
guests, including but not limited to health or athletic clubs, country clubs, or residential communities.<br />
Lifeguards shall be required at all Class A and Class B pools if the pool facility meets at least one<br />
of the following criteria: 1) allows persons 17 years of age or younger to enter the pool facility enclosure<br />
without a responsible adult 18 years or older; 2) contains features such as induced waves or slides that are<br />
available for use; or 3) contains an entry into the pool available for use from a height above the deck from<br />
a diving board, platform, climbing wall, or other similar feature. If a Class A or Class B pool meets any of<br />
the criteria, it shall provide one lifeguard for each one to 100 bathers.<br />
Lifeguards shall be required at all Class A pools that do not meet any of the criteria if the pool<br />
facility has: 1) 2000 square feet or greater of water surface area in which case it shall provide one lifeguard<br />
for each 2000 square feet or major fraction more than half thereof; or 2) 100 or more bathers, in which<br />
case it shall provide one lifeguard for each 100 or more bathers.<br />
KLC UPDATE
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At a pool where the use is intended for aquatic events, swimming practice, or swimming<br />
competition, the swimming coach or instructor that provides instruction during the program may count as<br />
a lifeguard, provided the coach or instructor can supervise the entire group.<br />
Notwithstanding classification of swimming pools into either Class A or Class B, the Cabinet for<br />
Health and Family Services may allow Class A and Class B pools to submit an alternative lifeguard staffing<br />
plan that has been certified by a third-party compliance specialist that is recognized by the Cabinet for<br />
Health and Family Services.<br />
All Class A and Class B pools shall be equipped with an emergency shut-off switch to disconnect<br />
power to pool recirculation, chemical feed, and electrical devices engaged with the water circulation<br />
system, which is located at a place quickly accessible to lifeguards and other pool staff, but secure from<br />
the public.<br />
Any pool located on the same plat as a single-family residence and not used in connection with a<br />
home occupation or business shall be exempted from the provisions of the Act.<br />
The Cabinet for Health and Family Services shall promulgate administrative regulations to<br />
implement provisions of the Act.<br />
An emergency is declared. HB 109 became law on April 9, <strong>2024</strong>, when it became law without the<br />
Governor’s signature.<br />
HB 293<br />
KRATOM<br />
Sponsor: Representative Kimberly Moser (R–Taylor Mill)<br />
HB 293 creates new sections of KRS Chapter 217 to establish the Department for Public Health<br />
as the state agency responsible for regulating kratom. Kratom is defined to mean any part of the plant<br />
Mitragyna speciosa.<br />
A kratom processor or kratom retailor shall not distribute, dispense, sell, or make available for<br />
sale any kratom extract or kratom product to an individual who is under 21 years-of-age or prepare,<br />
manufacture, distribute, dispense, sell, or make available for sale any kratom extract or kratom product<br />
that is adulterated with a dangerous nonkratom substance or contains a poisonous or otherwise harmful<br />
nonkratom ingredient, including but not limited to any controlled substance.<br />
House Health Services Chair<br />
Kim Moser and Ashland Police<br />
Chief Todd Kelley testify<br />
before the House Health<br />
Services Committee in favor of<br />
House Bill 293.<br />
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All kratom extracts and kratom products sold or otherwise distributed in the Commonwealth<br />
shall be accompanied by a clear label that provides adequate information for safe and effective use by<br />
consumers that includes but is not limited to: 1) a list of the ingredients used in the manufacturing of the<br />
kratom extract or kratom product; 2) the amount of mitragynine and 7-hydroxymitragynine contained in<br />
the kratom extract or kratom product; 3) the recommended serving size of the kratom extract or kratom<br />
product; 4) the number of servings per container of the kratom extract or kratom product; 5) the name<br />
and principle street address of the vendor or person responsible for distributing the kratom extract or<br />
kratom product; 6) any precautionary statements as to the safety and effectiveness of the kratom extract<br />
or kratom product; and 7) a disclaimer that the kratom extract or kratom product is not intended to<br />
diagnose, treat, cure, or prevent any medical condition or disease.<br />
A kratom processor or kratom retailer who violates provisions of the Act or any administrative<br />
regulation promulgated thereunder shall be subject to a civil penalty of not more than $500 for a first<br />
offense and not more than $1,000 for a second or subsequent offense.<br />
If at any time on or after the effective date of the Act, the federal government or any department<br />
or agency thereof, including but not limited to the federal Drug Enforcement Agency or Food and Drug<br />
Administration, regulates kratom, kratom extracts, kratom products, any other derivative of the plant<br />
Mitragyna speciosa, kratom processors, or kratom retailers, those federal regulations shall supersede and<br />
take precedence over any provision of the Act and any administrative regulation promulgated thereunder<br />
to the contrary.<br />
HB 583<br />
ENVIRONMENTAL EMERGENCIES<br />
Sponsor: Representative William Lawrence (R–Maysville)<br />
HB 583, a KLC initiative, amends KRS 224.1-401 to correct an oversight in entities required to be<br />
notified by the Energy and Environment Cabinet within seven (7) days of declaring an environmental<br />
emergency that requires implementation of a contingency plan. In addition to other entities the cabinet is<br />
required to notify during the declaration of emergency, the cabinet must additionally notify the mayor of<br />
a city or chief executive officer of a consolidated local government serving a jurisdiction within which an<br />
environmental emergency exists.<br />
Rep. William Lawrence<br />
testifies before the<br />
House Natural Resources<br />
Committee for passage of<br />
House Bill 583.<br />
KLC UPDATE
41<br />
SB 71<br />
MENTAL HEALTH EVALUATORS<br />
Sponsor: Senator Phillip Wheeler (R–Pikeville)<br />
SB 71 amends KRS 202A.011 and 202A.041 to address a hardship for police under current law that<br />
requires a law enforcement officer to be present with an individual for a mental health evaluation until a<br />
facility agrees to admit the individual.<br />
KRS 202A.041 requires any peace officer who has reasonable grounds to believe that an individual<br />
is mentally ill and presents a danger or threat of danger to self or others if not restrained to take the<br />
individual into custody and transport the individual without unnecessary delay to a hospital or psychiatric<br />
facility designated by the Cabinet for Health and Family Services for the purpose of an evaluation to be<br />
conducted by a qualified mental health professional. Generally, the individual is held locally where a peace<br />
officer must wait for completion of an evaluation that may not be readily available for completion by a<br />
qualified mental health professional. If the individual is determined to present a danger or threat of danger<br />
to self or others, the peace officer is required to transport the individual to a psychiatric hospital or other<br />
facility for admission.<br />
KRS 202A.041 is amended to no longer require a peace officer to take an individual believed to be<br />
mentally ill who presents a danger or threat of danger to self or others into custody and transport them,<br />
but to make it discretionary whether a police officer takes an individual into custody and transports them<br />
to a hospital or psychiatric facility. The statute is additionally amended to permit an evaluation to be<br />
completed by a contract mental health evaluator rather than by a qualified mental health professional.<br />
KRS 202A.011 is amended to define a “contract mental health evaluator” to mean a qualified mental<br />
health professional who is employed by or under contract with a community mental health center, crisis<br />
stabilization unit, mental institution, or any other facility designated by the secretary of the cabinet to<br />
provide mental health evaluations to determine whether an individual meets the criteria for involuntary<br />
hospitalization.<br />
KRS 202A.041 is additionally amended to require state compensation to be reduced by 5 percent<br />
for every 10 minutes a peace officer is required to maintain custody of an individual for more than 3 hours<br />
after requesting an evaluation by a contract mental health evaluator designated by the cabinet to conduct<br />
evaluations prior to admission to a hospital or psychiatric facility.<br />
Rep. Shane Baker speaks on<br />
the House Floor in favor of<br />
Senate Bill 71.<br />
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16. RETIREMENT SYSTEMS<br />
HB 99<br />
KENTUCKY PUBLIC PENSIONS AUTHORITY<br />
Sponsor: Representative DJ Johnson (R-Owensboro)<br />
HB 99 amends various sections of KRS Chapters 16, 61, and 78 to make technical and housekeeping<br />
changes relating to the Kentucky Public Pensions Authority’s administration of the systems governed by<br />
the board of trustees of the Kentucky Retirement Systems and the County Employees Retirement System.<br />
Rep. D.J. Johnson delivers his testimony seeking passage of House Bill 99.<br />
KLC UPDATE
17. SCHOOL SAFETY<br />
43<br />
SB 2<br />
STUDENT SAFETY<br />
Sponsor: Senator Max Wise (R-Campbellsville)<br />
SB 2 amends provisions of the School Safety and Resiliency Act passed in 2019 as SB 1 to further<br />
strengthen security and mental health measures in schools. A new section of KRS Chapter 158 is created to<br />
establish a framework for employment of guardians as a voluntary option for schools to address a shortage<br />
of school resource officers. “Guardian” means an employee of a local board of education who is employed<br />
for the purpose of providing school safety and security to students and staff on a school site. A person<br />
providing services as a guardian may only include honorably discharged veterans, retired Kentucky state<br />
troopers, retired special and sworn law enforcement officers, and former federal law enforcement officers.<br />
A guardian certified by the Center for School Safety as having met all requirements of the Act is deemed to<br />
be an authorized individual and may carry a weapon on school property.<br />
Local boards of education may employ as many guardians as the board considers necessary for<br />
the safety and security of its schools. Prior to hiring a guardian, the local board of education shall require<br />
the applicant to provide certification from the Center for School Safety that he or she meets all of the<br />
following minimum requirements: 1) is a citizen of the United States and the Commonwealth of Kentucky;<br />
2) has received a high school diploma or a high school equivalency diploma; 3) is currently licensed under<br />
KRS 237.110 to carry a concealed weapon; 4) has completed and passed background checks as required<br />
pursuant to KRS 160.380(6)(a); 5) has not been convicted of any felony or misdemeanor under KRS<br />
Chapter 510 (sexual offenses) or had any such offense expunged; 6) has passed a medical examination<br />
to determine if he or she can perform the duties of a guardian; and 7) has passed a drug screening test<br />
administered or approved by the Kentucky Law Enforcement Council.<br />
Additional minimum requirements:<br />
The local board of education shall additionally require the applicant to provide certification from the<br />
Center for School Safety that he or she has: 1) passed a background investigation, psychological screening,<br />
and polygraph examination administered by the Kentucky Law Enforcement Council to determine the<br />
person’s suitability for the position of guardian; 2) passed the Active Shooter Response, Enhanced<br />
Handgun Performance, and Patrol Rifle courses provided by the Department of Criminal Justice Training;<br />
3) passed the marksmanship qualification requirement for a retired peace officer as specified in KRS<br />
237.140; and 4) been honorably discharged from the Armed Forces of the United States within the 5 years<br />
immediately preceding an initial contract to be a guardian as evidenced by a Department of Defense form<br />
DD 214, or is a retired Kentucky state trooper, retired special or sworn law enforcement officer, or former<br />
federal law enforcement officer.<br />
Each agency that previously employed a retired Kentucky state trooper, retired special law<br />
enforcement officer, or sworn law enforcement officer shall provide to the retired individual proof of<br />
prior employment in a prompt and efficient manner, without charge to the individual. An applicant may<br />
additionally be required to meet any other requirements imposed by the local board of education which<br />
may include, but are not limited to, a written preemployment examination.<br />
A local board of education that employs a guardian shall collaborate with the local police<br />
department, local sheriff, area post of the Department of Kentucky State Police, and the state school<br />
security marshal in order to adopt policies regarding: 1) the job description of the guardian, including, but<br />
not limited to, the scope of duties, responsibilities, and direct supervisor of the guardian; 2) the uniform to<br />
be worn by the guardian that would best suit the needs of the schools while also allowing outside agencies<br />
to easily identify guardians; 3) the procedures, processes, and chain of command to be used during an<br />
emergency in which law enforcement agencies are called to the school; and 4) the type of firearm and<br />
ammunition to be used by the guardian.<br />
Beginning with the 2025-2026 school year, a local board of education that has met all requirements<br />
may employ one or more guardians to provide additional school safety and security measures within the<br />
district. Participation by a local board of education in the use of a guardian is voluntary and subject to<br />
the availability of local school district funds. The use of guardians shall not be used to replace a certified<br />
school resource officer, but only to provide temporary safety and security resources until a certified school<br />
resource officer is available.<br />
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KRS 158.442 is amended to require the Center for School Safety to, if funds are available, employ an<br />
individual whose job responsibilities include oversight of the guardian program, including but not limited<br />
to: 1) providing certification to local boards of education that applicants for the position of guardian meet<br />
all minimum requirements; and 2) creation of a model policy to be used by local boards of education when<br />
adopting policies relating to collaboration with other law enforcement agencies.<br />
KRS 158.4416 is amended to expand mental health measures to include integration of school<br />
psychologists, social workers, community-based mental health services providers hired by school districts,<br />
and school resource officers into existing trauma-informed teams within schools. The trauma-informed<br />
team shall: 1) provide assistance to school personnel to enable them to support students whose learning,<br />
behavior, and relationships have been impacted by trauma; 2) identify ways to recognize and respond to<br />
mental health issues in all students; and 3) identify ways to build resiliency and wellness in all students.<br />
The trauma-informed approach plan shall be reviewed and updated annually, incorporated into<br />
the annual comprehensive district improvement plan required by 703 KAR 5:225, and submitted to the<br />
Department of Education. The department shall annually provide a summary of the trauma-informed<br />
approach strategies being used in districts to the board and the <strong>Legislative</strong> Research Commission for<br />
referral to the Interim Joint Committee on Education.<br />
KRS 58.4451 is amended to require the Office of Homeland Security to maintain and update the<br />
anonymous reporting tool available in each school district that allows students, parents, and community<br />
members to anonymously supply information concerning unsafe, potentially harmful, dangerous, violent,<br />
or criminal activities, or the threat of these activities, to appropriate public safety agencies and school<br />
officials.<br />
A new section of KRS Chapter 158 is created to establish a School Mapping Data Program<br />
administered by the Center for School Safety. “School mapping data” means mapping information<br />
provided in an electronic or digital format to assist first responders in responding to emergencies at<br />
schools. The School Mapping Data Program shall establish a single verified source of mapping data for<br />
each participating school campus in the state that is standardized, accurate, and accessible to public<br />
safety agencies to ensure efficient response to any emergency on a school campus.<br />
The Center for School Safety shall provide the mapping data developed by the program to the state<br />
security marshal, participating schools, participating districts, and local law enforcement and public safety<br />
agencies for use in response to emergencies and for conducting required drills.<br />
The data shall be compatible with software platforms used by local, county, state, and federal public<br />
safety agencies that provide emergency services to the specific school for which the data is provided<br />
without requiring the agencies to purchase additional software or requiring a fee to view or access the<br />
data. The school mapping data shall be excluded from the application of KRS 61.870 to 61.884, Open<br />
Records Act.<br />
Senator Max Wise<br />
(R-Campbellsville) discusses<br />
bills brought to the Senate<br />
Education Committee.<br />
Photo courtesy of LRC.<br />
KLC UPDATE
18. SUBSTANCE ABUSE<br />
45<br />
HB 462<br />
RECOVERY RESIDENCES<br />
Sponsor: Representative Steve Bratcher (R–Elizabethtown)<br />
HB 462 amends and extends provisions of HB 248 passed by the General Assembly in 2023<br />
regarding certification of recovery residences. KRS 222.502 is amended to extend the deadline requiring<br />
unlicensed recovery residences to cease operation effective July 1, <strong>2024</strong>. A recovery residence that<br />
provides on-site clinical services or access to on-site clinical services operating without certification from<br />
a certifying organization on June 30, <strong>2024</strong>, shall be permitted to continue operating after July 1, <strong>2024</strong>, but<br />
shall be required to provide proof of certification by a certifying organization to the Cabinet for Health and<br />
Family Services no later than December 31, <strong>2024</strong>.<br />
KRS 222.504 is amended to authorize the Cabinet for Health and Family Services and local<br />
governments to impose civil fines on uncertified recovery residences. Any certified recovery residence or<br />
other person operating a recovery residence who: 1) knowingly fails to submit any report, data, or other<br />
information as may be required by the cabinet through the promulgation of an administrative regulation<br />
or by a local government through the enactment of a local ordinance; 2) submits fraudulent reports, data,<br />
or information; or 3) knowingly establishes, maintains, or operates an uncertified recovery residence in<br />
violation of the Act may be subject to civil fines established by the cabinet through the promulgation of an<br />
administrative regulation or by a local government through the enactment of a local ordinance.<br />
KRS 222.506 is amended to provide limited exceptions to the requirement that a recovery residence<br />
not directly provide on-site medical or clinical services. The provision of on-site medical or clinical services<br />
by a licensed medical or behavioral health provider may be permitted if the recovery residence: 1) does not<br />
receive payment from the licensed provider; 2) makes on-site clinical services available from an outside<br />
service provider, but each resident may utilize the clinical service provider of his or her choosing; or 3)<br />
is operated by or is a direct subsidiary of a licensed provider and the services are provided as part of a<br />
continuum of care that can be shown by the recovery residence operator to include step-down facilities<br />
with resident-driven length of stay.<br />
SB 71<br />
SUBSTANCE USE TREATMENT PROGRAMS<br />
Sponsor: Senator Phillip Wheeler (R–Pikeville)<br />
SB 71 creates new sections of KRS Chapter 222 regarding substance use treatment programs.<br />
Any substance use treatment program that is authorized or regulated under KRS Chapter 222 or holds<br />
a chemical dependency treatment services license under KRS 222.231 issued in accordance with KRS<br />
216B.042, or a recovery residence as defined in KRS 222.500, must comply with procedures concerning<br />
residents who wish to voluntarily leave the program. For any resident who wishes to voluntarily leave<br />
the program, the facility must either: 1) obtain agreement from a family member, guardian, or emergency<br />
contact of the resident to personally transport the resident within 24 hours; or 2) make transportation<br />
services available.<br />
Transportation services may include providing the resident access to: 1) a ride-sharing service and<br />
purchase of a one-way service to a specific address in the resident’s hometown of record or to the city hall<br />
in the resident’s hometown of record; 2) public transportation, including but not limited to transporting<br />
the resident to the nearest commercial bus station and purchase of a ticket to the resident’s hometown<br />
of record; or 3) other transportation to a safe place as determined by the facility to be therapeutically<br />
appropriate. The described facilities and law enforcement officers shall transport residents voluntarily<br />
leaving the facility only to public transportation locations, a location to meet the driver of a ride-sharing<br />
service, or other safe place as determined by the facility to be therapeutically appropriate.<br />
If a resident required by court order to attend a treatment facility leaves the facility prior to court<br />
approval or prior to completing the conditions of the court order, the treatment facility shall notify the<br />
court, Commonwealth’s or county attorney, local law enforcement, and the emergency contact or courtdesignated<br />
worker of the resident’s exit if permitted by applicable state and federal patient privacy laws.<br />
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A probation officer or peace officer, acting on information provided by a treatment facility who<br />
observes the resident violate the terms of his or her probation, conditional discharge, or release, or violate<br />
the terms of any court order may arrest the resident without a warrant and incarcerate the resident until<br />
the judge who made the initial court order holds a hearing on the resident’s violation of the order.<br />
SB 71 additionally outlines restrictions on substance use treatment programs regarding recruitment<br />
of out-of-state residents. Any substance use treatment program that is authorized or regulated under KRS<br />
Chapter 211 or holds a chemical dependency treatment services license under KRS 222.231 that was issued<br />
in accordance with KRS 216B.042, or a recovery residence as defined in KRS 222.500, shall, to the extent<br />
allowed by federal law, not: 1) knowingly recruit into their facility any out-of-state resident if the out-ofstate<br />
resident is enrolled in Medicaid or with the purpose of enrolling the out-of-state resident in Medicaid<br />
in this state; and 2) submit to the Department for Medicaid Services a recipient’s proof of Kentucky<br />
residency when submitting an initial request for Medicaid reimbursement if the facility is aware that the<br />
recipient resided in another state within the past month.<br />
Any facility that knowingly violates the restrictions shall be fined $20,000 for each offense and not<br />
less than $500 for each day an out-of-state resident received Medicaid services in Kentucky.<br />
Sen. Phillip Wheeler delivers impassioned<br />
testimony before the Senate. Photo<br />
courtesy of LRC.<br />
KLC UPDATE
19. TAXATION<br />
47<br />
HB 147<br />
PROPERTY RATE TAX LEVIES<br />
Sponsor: Representative Ken Fleming (R-Louisville)<br />
HB 147 amends KRS 132.017 to define “next regular election” as it pertains to placing on the ballot<br />
the question whether a local property tax rate shall be levied, to mean the regular election that occurs<br />
immediately after all statutory requirements for levying a property tax rate have been met, regardless of<br />
whether the election occurs in the same or a subsequent calendar year as the levy of the property tax rate.<br />
SB 58<br />
RECALL PETITIONS<br />
Sponsor: Senator Gary Boswell (R-Owensboro)<br />
SB 58 amends KRS 132.017 relating to requirements and procedures for filing a recall petition<br />
proposing to contest a property tax levy by a local government which exceeds the compensating tax rate<br />
of 4%. The bill makes the following changes to the recall petition process described in KRS 132.017:<br />
• The number of registered voters within the area where the tax levy would be imposed required<br />
to file an affidavit with the county clerk to protest the passage of the tax levy is reduced from<br />
five to three.<br />
• Each sheet of the petition is allowed to include the names of voters in any of the affected voting<br />
precincts.<br />
• The requirement for petition signees to put their social security number or the name and<br />
number of their designated voting precinct on the petition is eliminated. A requirement to<br />
include birth month and birth year is added.<br />
HB 492<br />
ANNEXATION INTO THIRD COUNTY<br />
Sponsor: Representative Matt Lockett (R–Nicholasville)<br />
HB 492 amends KRS 68.197 to require if a city annexes territory pursuant to KRS 81A.415, and both<br />
the city and the county in which the territory annexed is contained levied a license fee prior to the time of<br />
annexation: 1) the county license fee shall no longer apply in the area annexed by the city if the city license<br />
fee is equal to or greater than the license fee rate imposed by the county at the time of the annexation; and<br />
2) if the city license fee is less than the license fee imposed by the county at the time of the annexation,<br />
only the portion of the county license fee that exceeds the city license fee rate shall remain in effect in the<br />
annexed area.<br />
If occupational license tax revenue from a territory that has been annexed by a city does not<br />
continue to be the same amount as prior to annexation, the city shall annually pay an amount to the<br />
county that guarantees that the county shall receive at least the same dollar amount of revenue that was<br />
generated by the county license fee in the territory in the tax year immediately preceding the annexation.<br />
After the tax year in which the annexation occurs, if the revenues generated by the city license fee<br />
for the territory decrease below the amount of revenue generated by the county license fee at the time of<br />
the annexation, then the revenue received by the county from the city shall be reduced proportionately.<br />
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20. TRANSPORTATION<br />
HB 7<br />
AUTONOMOUS VEHICLES<br />
Sponsor: Representative Josh Bray (R–Mount Vernon)<br />
HB 7 creates new sections of KRS Chapter 186 to permit a person to operate a fully autonomous<br />
vehicle on the highways of this state without a human driver provided that the automated driving system is<br />
engaged and the vehicle meets the following conditions:<br />
• If a failure of the automated driving system occurs that renders that system unable to perform<br />
the entire dynamic driving task relevant to its intended operational design domain, the fully<br />
autonomous vehicle will achieve a minimal risk condition;<br />
• The fully autonomous vehicle is capable of operating in compliance with the applicable traffic<br />
and motor vehicle safety laws and regulations of this state when reasonable to do so, unless an<br />
exemption has been granted by the Transportation Cabinet; and<br />
• When required by federal law, the vehicle bears the required manufacturer’s certification label<br />
indicating that at the time of its manufacture it has been certified to be in compliance with all<br />
applicable federal motor vehicle safety standards, including any exemptions granted by the<br />
National Highway Traffic Safety Administration.<br />
From the effective date of the Act until July 31, 2026, a fully autonomous vehicle for which the<br />
declared gross weight of the vehicle and any towed unit is more than 62,000 pounds shall have a human<br />
driver with the appropriate credentials to operate the vehicle present in the vehicle to monitor the<br />
performance of the vehicle and intervene if necessary. Nothing prohibits or restricts a human driver from<br />
operating a fully autonomous vehicle equipped with controls that allow for the human driver to control all<br />
or part of the dynamic driving task.<br />
A fully autonomous vehicle shall be properly titled and registered in accordance with KRS Chapters<br />
186 and 186A. If a fully autonomous vehicle is titled and registered in this state, the vehicle shall be<br />
identified on the title and registration as a fully autonomous vehicle. Unless otherwise provided in KRS<br />
Chapter 186, KRS Chapter 189, or KRS Chapter 281, the Transportation Cabinet is the sole and exclusive<br />
state agency that may implement provisions of the Act.<br />
The provisions of HB 7 are intended to be a comprehensive scheme of legislation governing the<br />
operational and performance standards of fully autonomous vehicles. No public agency shall prohibit<br />
the operation of fully autonomous vehicles or automated driving systems or impose any rule, regulation,<br />
or ordinance in conflict with the Act or that otherwise differentiates the treatment of fully autonomous<br />
vehicles from non-autonomous vehicles.<br />
Nothing shall be interpreted or construed to prohibit a city, county, consolidated local government,<br />
or urban-county government from exercising the powers and authorities provided by law to govern<br />
the public streets and roadways within their respective jurisdictions, provided that any action does not<br />
impose additional requirements in conflict with the Act or otherwise differentiate the treatment of fully<br />
autonomous vehicles from nonautonomous vehicles.<br />
KLC UPDATE
49<br />
SB 107<br />
TOWING COMPANIES<br />
Sponsor: Senator Jimmy Higdon (R–Lebanon)<br />
SB 107 amends KRS 281.926 relating to rate sheets required to be maintained by towing companies.<br />
In addition to maintaining a rate sheet at its place of business, a towing company must provide a current<br />
rate sheet to the nearest Department of Kentucky State Police post and any law enforcement agency in its<br />
service area.<br />
If a towing company fails to comply with the requirement to provide a current rate sheet, the<br />
Department of Kentucky State Police and any local law enforcement agency in the company’s service area<br />
shall remove the towing company from its wrecker log for a period of 6 months for the first violation and<br />
one year for any subsequent violation.<br />
SB 215<br />
EMISSION CONTROL<br />
Sponsor: Senator Jared Carpenter (R–Berea)<br />
SB 215 creates a new Subchapter 20 of KRS Chapter 224 to prohibit an agency, department, air<br />
pollution control district, or political subdivision of the Commonwealth, including the Transportation<br />
Cabinet, from adopting or enforcing standards relating to control of emissions from new motor vehicles<br />
that are identical to the standards established by the State of California, pursuant to 42 U.S.C. sec. 7507 of<br />
the Clean Air Act.<br />
KLC Executive Director/CEO J.D. Chaney and Sen. Mike Wilson testify for passage of<br />
Senate Bill 229 before the Senate State and Local Government Committee.<br />
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21. UTILITIES<br />
SB 229<br />
MUNICIPAL UTILITIES<br />
Sponsor: Senator Mike Wilson (R–Bowling Green)<br />
SB 229, a KLC initiative, amends:<br />
1) KRS 42.747 to replace the member serving on the Blockchain Technology Working Group<br />
representing the Kentucky Municipal Utilities Association with a member representing municipal<br />
utilities designated by the Kentucky League of Cities;<br />
2) KRS 96.780 to increase the maximum amount a superintendent employed by an electric plant<br />
board contracting with the Tennessee Valley Authority may spend on behalf of the board<br />
without board approval from $20,000 to $40,000 as determined by the board; and<br />
3) KRS 224A.030 to replace the member serving on the Kentucky Infrastructure Authority board<br />
representing the Kentucky Municipal Utilities Association with a member representing a<br />
municipal utility that provides water and wastewater services selected by the Governor from a<br />
list of nominees submitted by the Kentucky League of Cities.<br />
Rep. Josh Bray carries Senate Bill 229 on the<br />
floor of the House.<br />
KLC UPDATE
22. WATER & WASTEWATER<br />
51<br />
HB 40<br />
WATER AND WASTEWATER SYSTEMS<br />
Sponsor: Representative Bobby McCool (R–Van Lear)<br />
HB 40 creates a new section of Subchapter 10 of KRS Chapter 224 to establish a combined<br />
Kentucky Board of Certification of Water and Wastewater System Operators. The board shall recommend<br />
qualified applicants to the Energy and Environment Cabinet for certification and perform other acts as<br />
may be necessary to carry out the purposes of the Act. Members of the board shall be appointed by the<br />
Governor. The board shall consist of 8 members with professional backgrounds as follows:<br />
• One employee of a municipality who holds the position of either city manager, city engineer,<br />
director of public works, or a similar position;<br />
• One member who is a faculty member of a college, university, or professional school whose<br />
major field is related to water treatment, water distribution, or wastewater treatment;<br />
• One ex officio member representing the Energy and Environment Cabinet;<br />
• One member who is an operator of an industrial wastewater system;<br />
• Two members currently employed as operators holding valid water treatment or water<br />
distribution certificates; and<br />
• Two members currently employed as operators holding valid wastewater certificates.<br />
After the expiration of the initial staggered appointments, board members shall serve terms of four<br />
years. All initial appointments shall be made on or before August 1, <strong>2024</strong>.<br />
On or before December 31, <strong>2024</strong>, the board, working in conjunction with the Drinking<br />
Water Advisory Workgroup and the Clean Water Advisory Workgroup, shall submit to the cabinet<br />
recommendations for the establishment of the following voluntary certification programs:<br />
1) A voluntary shared services certification program for supervisors or certified operators working<br />
in, or interested in working in, regionalized systems or plants that serve multiple communities. The<br />
voluntary shared services certifications recommended under the Act shall be classified by the size, type,<br />
and physical characteristics of the systems they supervise, in the same manner as operator certifications;<br />
and<br />
2) A program or strategy for recruiting applicants to work in the operation of systems or plants<br />
who are not currently participating in any apprenticeships or certification programs administered by the<br />
cabinet.<br />
On or before August 1, <strong>2024</strong>, copies of any records, files, or documents associated with the functions<br />
of the Kentucky Board of Certification of Wastewater System Operators and the Kentucky Board of<br />
Certification of Water Treatment and Distribution System Operators shall be transferred to the Kentucky<br />
Board of Certification of Water and Wastewater System Operators.<br />
HB 563<br />
PUBLIC WATER AND WASTEWATER SYSTEMS<br />
Sponsor: Representative Josh Bray (R–Mount Vernon)<br />
HB 563 creates new sections of KRS Chapter 224A to establish the Kentucky Water and<br />
Wastewater Assistance for Troubled or Economically Restrained Systems Program, or the “Kentucky<br />
WWATERS Program,” to be administered by the Kentucky Infrastructure Authority (KIA) under the<br />
direction of its board to provide for an orderly process for eligible public water or wastewater systems to<br />
apply for loans for eligible projects and for those loan applications to be evaluated, scored, and presented<br />
to the General Assembly for consideration for funding.<br />
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“Public water or wastewater system” means any of the following that serve a community: 1) a water<br />
district, water association, or joint water commission formed under KRS Chapter 74; 2) a sewer district or<br />
sanitation district formed under KRS Chapter 67, 76, or 220; 3) a municipal water utility and water works,<br />
sewer utility, sewage system or works, or combined electric and water plant formed under KRS Chapter 96;<br />
and 4) any combination of the listed entities.<br />
To participate in the Kentucky WWATERS Program, a loan applicant shall submit an application to<br />
the KIA board, which shall include a corrective action plan detailing how the requested funds would be<br />
used to address the performance deficiencies that made the applicant eligible for the funding. Funding<br />
applications may be shared with third-party independent consultants, state agencies, or special purpose<br />
governmental entities in reviewing the funding application. Once the application process is complete and<br />
the funding application is ready for review, it shall be made available to the public.<br />
Within 60 days of a funding application being deemed complete, the board shall make<br />
determinations on the eligibility of the proposed project and the applicant and issue a project score for<br />
the application. Within 14 days of issuing a project score, the board shall provide detailed feedback to all<br />
funding applicants.<br />
If a funding applicant is selected as an eligible funding recipient approved under the Kentucky<br />
WWATERS Program, it shall comply with any reporting or other requirements deemed necessary by the<br />
authority to verify that the awarded funding goes toward an eligible project and that the funding recipient<br />
is making improvements on the performance criteria. The eligible funding recipient shall also comply with<br />
any internal management and governance procedures that the authority may impose in order to correct<br />
any performance deficiencies that gave rise to the need for the requested funds.<br />
Two revolving funds are created to implement the legislation. The Kentucky water and wastewater<br />
assistance for troubled or economically restrained systems fund is established in the State Treasury for<br />
administration by the authority for providing funding for both capital and non-capital expenses for eligible<br />
projects. Funding may be awarded in the form of grants, loans, no-interest loans, or forgivable loans as<br />
proposed by the board and determined by the General Assembly.<br />
A second fund known as the emergency Kentucky water and wastewater assistance for troubled<br />
or economically restrained systems fund is also established in the State Treasury for administration by the<br />
authority as a revolving fund dedicated to providing funding for both capital and non-capital expenses<br />
relating solely to restoring or avoiding imminent interruption of utility service provided a public water or<br />
wastewater system after a statewide state of emergency has been declared pursuant to KRS Chapter 39A<br />
or a local state of emergency has been declared for the jurisdiction where the public water or wastewater<br />
system is located pursuant to KRS Chapter 39B.<br />
A new section of KRS Chapter 65 is created to provide when a public water or wastewater system<br />
is sold, the acquiring utility shall have a forbearance period during which the acquiring utility shall: 1) not<br />
be required to pay any of the acquired public water or wastewater system’s fines or penalties imposed<br />
for violations by the Energy and Environment Cabinet or by the Public Service Commission, including any<br />
fines and penalties imposed prior to the effective date of the Act; 2) make all necessary improvements to<br />
the public water or wastewater system and its public works to correct past violations and bring the water<br />
system, wastewater system, or both into compliance with state and federal law; and 3) be given priority for<br />
any eligible financing from the Kentucky Infrastructure Authority to correct all deficiencies in the system<br />
identified in state and federal violations.<br />
After the forbearance period has expired, the cabinet and the commission shall either: 1) waive all<br />
fines and penalties incurred prior to the commencement of the forbearance period if all of the deficiencies<br />
giving rise to the fines and penalties have been resolved and: 1) the deficient public water or wastewater<br />
system is placed under a management and operations agreement with all day-to-day management and<br />
operations handled by a well-operated utility; or 2) the deficient public water or wastewater system is sold<br />
to an acquiring utility.<br />
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KRS 224A.316 is amended to provide a similar forbearance period to projects designed to correct<br />
state or federal deficiencies of a public water or wastewater system that is being sold, but only during the<br />
forbearance period granted to the acquired public water or wastewater system.<br />
An emergency is declared. HB 563 became law on April 12, <strong>2024</strong>, when delivered to the Secretary<br />
of State.<br />
SJR 149<br />
PFAS MANAGEMENT PRACTICES<br />
Sponsor: Senator Brandon Smith (R-Hazard)<br />
SJR 149 is a joint resolution directing the Energy and Environment Cabinet to provide guidance and<br />
consultation on best management practices for perfluoroalkyl and polyfluoroalkyl substances (PFAS) to<br />
entities that discharge directly or indirectly into Kentucky’s waterways.<br />
If requested by an entity discharging pursuant to a Kentucky Pollutant Discharge Elimination<br />
System (KPDES) permit or direct or indirect dischargers to a publicly owned treatment works, the Energy<br />
and Environment Cabinet shall provide guidance to, and consult with, that entity regarding best practices<br />
for the management of materials, including wastewater that contains PFAS.<br />
The consultation and guidance shall include but not be limited to a discussion of: 1) options<br />
available to meet applicable requirements imposed by the United States Environmental Protection Agency,<br />
if any, that are in effect at the time of the consultation and guidance; 2) cost-benefit analysis of available<br />
options; and 3) the availability of funding for the implementation of best practices.<br />
Sen. Brandon Smith comments on<br />
a bill before the Senate Natural<br />
Resources Committee. Photo<br />
courtesy LRC Public Information.<br />
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23. WORKFORCE INSURANCE<br />
HB 401<br />
WORKERS’ COMPENSATION<br />
Sponsor: Representative Michael Pollock (R–Campbellsville)<br />
HB 401 amends KRS 342.0011 and KRS 342.033 to expand the definition of “physician” for purposes<br />
of workers’ compensation proceedings in general and for giving testimony in a workers’ compensation<br />
administrative hearing, currently defined to mean practitioners acting within the scope of their license<br />
issued by the Commonwealth. The definition is expanded to include any physician acting within the scope<br />
of his or her license issued by any state, district, or territory of the United States.<br />
The amendment of KRS 342.033 additionally includes in the definition for purposes of workers’<br />
compensation proceedings any retired physician previously authorized to practice in Kentucky who<br />
surrendered his or her license while in good standing with their respective licensing board and is not<br />
subject to an ongoing investigation for improper practices.<br />
KRS 342.140 is amended to make changes to the way the average weekly wage of an injured<br />
employee is determined for workers’ compensation benefit purposes. If the employee’s wages were paid<br />
by the day, hour, or output of the employee and the employee received unemployment insurance benefits<br />
pursuant to KRS Chapter 341 during the first, second, third, or fourth period of consecutive weeks in the<br />
year immediately preceding the injury, unemployment insurance benefits received would be added to the<br />
employee’s wages earned during the 13-week period and divided by 13, the result most favorable to the<br />
employee.<br />
SB 140<br />
UNEMPLOYMENT INSURANCE BENEFITS<br />
Sponsor: Senator Phillip Wheeler (R–Pikeville)<br />
SB 140 amends KRS 341.413 relating to unemployment insurance claims filed between January<br />
27, 2020, and September 6, 2021. The Secretary of the Education and Labor Cabinet shall waive an<br />
overpayment of benefits if he or she finds the overpayment was made without fault on the part of the<br />
recipient and recovery would be contrary to equity and good conscience.<br />
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