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signed · Kentucky · House Apr 10, 2017

HB 375: AN ACT relating to unemployment insurance for military spouses. Amend KRS 341.370 to prohibit disqualification for unemployment benefits for a worker who leaves a job to follow a military spouse who has been reassigned to another military base or duty location that is 100 miles or more from the worker’s home; delete requirement that, if spouse is relocated to another state, the state must have adopted a similar statute in order for worker to receive benefits.

Signed by Governor (Acts, ch. 172)
signed · Kentucky · Senate Mar 27, 2017

SB 104: AN ACT relating to prospective retirement benefits and declaring an emergency. Create a new section of KRS 6.500 to 6.577 to provide that members of the Legislators' Retirement Plan who retire on or after January 1, 2018, shall be limited to a 10% growth in the creditable compensation earned during their last three years of service to the General Assembly or an employer participating in any of the other state-administered retirement systems, if that compensation is used to calculate their retirement benefits; provide that only creditable compensation earned on or after July 1, 2017, shall be subject to the creditable compensation growth limitations; exempt bona fide promotions or salary advancements from the compensation growth limitation; define "bona fide promotion or salary advancements" as a professional advancement in substantially the same line of work held by the member in the four years immediately prior to the three-year period or a change in employment position based upon training, education, or expertise; provide that the Judicial Form Retirement System shall refund contributions and interest on contributions for any reductions in creditable compensation; provide that the Judicial Form Retirement System shall determine what constitutes a bona fide promotion or salary advancement; create a new section of KRS 21.345 to 21.580 to provide that members of the Judicial Retirement Plan who retire on or after January 1, 2018, shall be limited to a 10% annual growth in the creditable compensation earned during their last 60 months of service if that compensation is used to calculate their retirement benefits; provide that only creditable compensation earned on or after July 1, 2017, shall be subject to the creditable compensation growth limitations; exempt bona fide promotions or salary advancements from the compensation growth limitation; define "bona fide promotion or salary advancements" as a professional advancement in substantially the same line of work held by the member in the four years immediately prior to the 60-month period or a change in employment position based upon training, education, or expertise; require the Judicial Form Retirement System to refund contributions and interest on contributions for any reductions in creditable compensation; provide that the Judicial Form Retirement System shall determine what constitutes a bona fide promotion or salary advancement; amend KRS 61.598 to provide that members of the Kentucky Employees Retirement System, the County Employees Retirement System, and the State Police Retirement System who retire on or after January 1, 2018, shall be limited to a 10% growth in the creditable compensation earned during their last five years of employment if that compensation is used to calculate their retirement benefits; provide that only creditable compensation earned on or after July 1, 2017, shall be subject to the creditable compensation growth limitations; exempt bona fide promotions or salary advancements, alternative sick leave payments, and lump-sum payments for compensatory time from the compensation growth limitation; exempt from the compensation growth limitation those years of compensation where in the immediately preceding fiscal year the member earned less than 12 months of service credit during the fiscal year, was paid worker's compensation benefits, was on leave without pay for any reason, earned increases directly attributable to overtime hours worked under a federal grant, grant pass-through, or similar program, or earned increases directly attributable to overtime performed during a state of emergency; provide that the Kentucky Retirement Systems shall refund employee contributions and interest on contributions for any reductions in creditable compensation provided by this section; provide that the Kentucky Retirement Systems shall determine what constitutes a bona fide promotion or salary advancement and allow the member to appeal a decision of the system to the board; remove provisions charging employers for creditable compensation growth greater than 10% during the employee's last five years of employment; create a new section of KRS 21.345 to 21.580 to permit a member of the Legislators' Retirement Plan or the Judicial Retirement Plan to opt out of the traditional defined benefit plan and elect to participate in the hybrid cash balance plan; provide that, on the member's effective election date, the value of the member's accumulated contributions, less any interest, shall be deposited into the member's hybrid cash balance account and be considered part of the member's accumulated account balance; provide that on the member's effective election date, an employer pay credit shall be applied to the member's accumulated account balance for each contributing month prior to the effective election date; require the Judicial Form Retirement System to provide the electing member with information detailing the consequences of the member's election; provide that a member shall not be eligible to make an election until a private letter ruling by the IRS is received; make the benefit election under this section irrevocable; amend KRS 21.402 to conform; create a new section of KRS 61.510 to 61.705 to permit a member of the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System to opt out of the traditional defined benefit plan and elect to participate in the hybrid cash balance plan; provide that, on the member's effective election date, the value of the member's accumulated contributions, less any interest, shall be deposited into the member's hybrid cash balance account and be considered part of the member's accumulated account balance; provide that on the member's effective election date, an employer pay credit shall be applied to the member's accumulated account balance for each contributing month prior to the effective election date; require the Kentucky Retirement Systems to provide the electing member with information detailing the consequences of the member's election; provide that a member shall not be eligible to make an election until a private letter ruling by the IRS is received; make the benefit election under this section irrevocable; amend KRS 6.525, 16.583, 16.645, 61.597 and 78.545 to make technical and conforming amendments; provide for severability among provisions of the Act; EMERGENCY.

Signed by Governor (Acts, ch. 125)
signed · Kentucky · Senate Mar 27, 2017

SB 249: AN ACT relating to the Energy and Environment Cabinet. Amend KRS 12.020 to remove Environmental Quality Commission, Kentucky Mining Board from under the Energy and Environment Cabinet and attach the Center for Renewable Energy Research and Environmental Stewardship to other departments; amend KRS 146.090,146.100, 146.110, 146.210, 146.270, 146.280, 146.320, and 146.330 to correct references to the Energy and Environment Cabinet, make grammatical and technical corrections, and authorize the Secretary rather than the commission to promulgate administrative regulations; amend KRS 146.415 to add a definition for "Secretary" to mean the Secretary of the Energy and Environment Cabinet; amend KRS 146.485 to authorize the Secretary rather than the commission to promulgate administrative regulations; amend 147A.031 to delete references to the Environmental Quality Commission; amend KRS 151.293 to allow the owner of a dam to request review and final determination by the cabinet after a request for variance has been denied and to appeal the final decision; amend 152.713 to unattach the Center for Renewable Energy Research and Environmental Stewardship from the Energy and Environment Cabinet and to identify the center as a public agency; amend KRS 154.47-005 to delete definition of "Kentucky Forest Products Council" and renumber accordingly; amend KRS 224.10-022 and KRS 224A.1-010 to delete references to the Environmental Quality Commission and renumber accordingly; amend KRS 224.70-120 to delete reference to a 20% filing fee for KPDES permit and make fee equal to the cost of review with cost ceiling for different tiers; amend KRS 189.450, 224.40-31, 224.50-760, and 224.50-856 to make conforming subsection references changes; amend KRS 224.73-110 to add person operating a sewage system at residence where the person lives to those who may have primary responsibility for operation of a sewage system; amend KRS 224.80-100, 224A.011, and 349.010 to make conforming subsection references changes; amend 351.010 and 351.070 to delete references to Mining Board and renumber subsections accordingly; amend KRS 351.090, 351.102 and 351.103 to changes references to Board to department; amend KRS 351.1041 to change references from Board to commission; amend KRS 351.1045 to delete references to the Mining Board; amend KRS 351.106 to change Mining Board to department and delete reference to the commissioner making recommendations at the board's request; amend 351.110 and 351.120 to change references from board to department; amend 351.122 to change board to department and delete references to course of examination and instruction by the board; amend KRS 351.125 to make technical corrections; amend KRS 352.010 to delete the Mining Board from definitions and renumber subsections accordingly; amend KRS 352.310 to change board to Mine Safety Review Commission; amend KRS 224.10-100, 224.30-175, 224.48-815, 224.46-520, 350.240, and 350.054 to make conforming reference changes; repeal KRS 151.232; KRS 154.47-100, 154.47-105; KRS 154.47-110; KRS 154.47-120; KRS 224.1-100; KRS 224.1-105; KRS 224.1-110; KRS 224.1-115; KRS 224.1-200; KRS 224.1-205; KRS 224.1-210; KRS 224.1-215; KRS 224.1-220; KRS 224.10-660; KRS 224.30-050; KRS 224.30-100; KRS 224.30-105; KRS 224.30-110; KRS 224.30-115; KRS 224.30-120; KRS 224.30-125; KRS 224.30-130; KRS 224.30-135; KRS 224.30-140; KRS 224.30-145; KRS 224.30-150; KRS 224.30-155; KRS 224.30-160; KRS 224.30-165; KRS 224.30-170; KRS 224.30-180; KRS 224.30-185; KRS 224.30-190; KRS 224.30-195; KRS 224.43-070; KRS 224.43-080; KRS 224.43-710; KRS 224.43-720; KRS 224.43-730; KRS 224.46-810; KRS 224.46-820; KRS 224.46-825: KRS 224.46-830; KRS 224.46-840; KRS 224.46-850; KRS 224.46-860; KRS 224.46-870; KRS 224.50-020; KRS 350.035; KRS 350.052; KRS 350.053; KRS 350.260; KRS 350.470; KRS 350.715; KRS 351.105; KRS 351.1055; and 352.550.

Signed by Governor (Acts, ch. 117)
signed · Kentucky · Senate Mar 27, 2017

SB 182: AN ACT relating to local government procurement. Amend KRS 45A.380 to allow a local public agency to contract through noncompetitive negotiation when a contract is with a private real estate development and the contract requires the developer to increase the collection capacity of the sanitary sewer or storm water pipe serving the development, with the local public agency only paying for the increase in the collection capacity.

Became law without Governor's Signature (Acts, ch. 151)
signed · Kentucky · Senate Mar 27, 2017

SB 126: AN ACT relating to the final compensation calculation for state and county employees entering the retirement systems on or after September 1, 2008. Amend KRS 16.505, 61.510 and 78.510 to define final compensation to allow state and county employees, who entered the retirement systems on or after September 1, 2008, but prior to January 1, 2014, to use partial fiscal years, which may contain less than 12 months of service credit, to reach a final compensation calculation that is at least 60 months for non-hazardous employees and at least 36 months for hazardous employees.

Signed by Governor (Acts, ch. 126)
signed · Kentucky · House Mar 27, 2017

HJR 56: Direct the Kentucky Division of Water to conduct a study identifying privately owned and operated small wastewater treatment plants in the state, as well as providing certain data relating to the plants, to devise a practical emergency intervention method to respond to plant failures, and to suggest any legislative changes that are necessary to prevent failures or abandonment of these plants and ensure continuity of service to the plants' customers; EMERGENCY.

Signed by Governor (Acts, ch. 149)
signed · Kentucky · Senate Mar 27, 2017

SB 236: AN ACT relating to the protection of children. Create a new section of KRS Chapter 199 to permit a parent or legal guardian to request a background check of the child abuse and neglect registry records when employing a child care provider for his or her minor child; require the cabinet to make the request form available on its Web site; create language to require the signature of the individual child care provider consenting to a background check; amend KRS 160.380 to require that school superintendents conduct a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services when considering employment decisions; create new sections of KRS Chapter 211 to define terms, prohibit youth camps from employing or allowing the involvement of any individual who has been convicted of a criminal offense against a minor or a sex crime, who is a violent offender or has abused or neglected a child; require youth camps to obtain state and national criminal background checks of applicants, contractors, or volunteers; require documentation of records checks; provide for suspension of operating permits if a youth camp is not in compliance; establish a criminal penalty for knowingly employing certain offenders; amend KRS 160.157 to allow a private, parochial, or church school to conduct a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services when considering employment decisions; Section 1 to 2 of this Act are effective July 1, 2018.

Signed by Governor (Acts, ch. 115)
signed · Kentucky · Senate Mar 27, 2017

SB 19: AN ACT relating to credit freezes for protected consumers. Create a new section of KRS 367.363 to 367.365 to define "protected person," "representative," and "sufficient proof of authority"; require a consumer reporting agency to place a security freeze on a protected person's record or report upon proper request by a representative; require the freeze to be placed within 30 days of receiving the request; set forth when the credit reporting agency is required to remove the freeze; allow the credit reporting agency to charge a fee under certain circumstances; establish penalties for violations.

Signed by Governor (Acts, ch. 119)
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