Some of the Proposed legislation in Kentucky as of January 8, 2023

These are currently just some of the proposed bills, this is not a complete list.  You can find the current complete list at https://legislature.ky.gov/Legislation/Pages/default.aspx

I will update the list throughout the term. Also, I will also update the Bills themselves, as currently there are 59 Senate Bills and 141 House Bills

The list will be added to during the legislative session.  You can call your legislators and leave a message at the Legislative Message ​​​Line at 1-800-372-7181.

If something is labeled as “Emergency”, it means if it becomes the Law, it goes into effect immediately.

This year is a “short session” which means that the legislators only meet for 30 days this year (unless a special session is called).  The legislators have been in session for 4 days, and they will go back to start the remaining 26 days on February 7, 2023.

HB=House Bill  SB=Senate Bill

HB12: OPERATING A MOTOR VEHICLE

Amend KRS 189.292 to define ” operating a motor vehicle,” “stand-alone electronic device,” and “use”; prohibit the use of a personal communication device or stand-alone electronic device while operating a motor vehicle; exempt school bus operators who are instead subject to KRS 281A.205; set forth exceptions; amend KRS 189.294 to provide that persons under 18 years shall not use a personal communication device or stand-alone electronic device in any manner while driving; amend KRS 189.990 to set forth penalties for the violation of KRS 189.292 and 189.294; create a new section of KRS Chapter 281A to apply these provisions to commercial motor vehicle drivers; amend KRS 189.2327 to conform; provide that the Act may be cited as the Phone-Down Kentucky Act. 

1/3/2023 – Introduced

HB13: SCHOOL BUS LICENSING

Amend KRS 281A.175, regarding commercial driver’s licenses with a school bus endorsement, to increase the time period allowed for the required physical examination from 12 to 24 months. 1/3/2023 – Introduced

HB 30:  PUBLIC SCHOOL FACILITIES

Create new sections of KRS Chapter 158 to define terms; establish legislative findings; ensure that student privacy exists in school restrooms, locker rooms, and shower rooms; require students born male to use only those facilities designated to be used by males and students born female to use only those facilities designated to be used by females; require schools to provide the best available accommodation to students who assert that their gender is different from their biological sex; identify consequences for using facilities designated for the opposite biological sex; EMERGENCY.

1/3/2023 – Introduced

HB47 CANNABIS

Create a new section of KRS Chapter 218A to make possession of a personal use quantity of cannabis exempt from civil or criminal penalty; amend KRS 218A.010 to define “cannabis,” “personal use quantity of cannabis,” and “cannabis accessory”; amend KRS 218A.1422 regarding cannabis possession to conform; amend KRS 218A.1423 regarding cannabis cultivation to conform; amend KRS 218A.500 regarding drug paraphernalia to exempt personal use cannabis accessories; amend KRS 218A.1421 on cannabis trafficking to exempt personal use quantities; amend KRS 138.872 to exclude personal use quantities from cannabis stamp tax; amend KRS 218A.410 and 533.030 to conform; create a new section of KRS Chapter 431 to allow expungement of certain convictions relating to cannabis; apply Section 10 retroactively.

1/3/2023 – Introduced

HB51 PATIENT MEDICAL RECORDS

Amend KRS 422.317 to establish standards and procedures for access to copies of patient medical records.

1/3/2023 – Introduced

HB54 MEDICAID COVERAGE FOR CERTIFIED PROFESSIONAL MIDWIFERY SERVICES

Create a new section of KRS Chapter 205 to require the Department for Medicaid Services and any managed care organization with whom the department contracts for the delivery of Medicaid Services to provide coverage for certified professional midwifery services that are provided by a licensed certified professional midwife; require the Cabinet for Health and Family Services or the Department for Medicaid Services to seek federal approval if they determine that such approval is necessary.

1/3/2023 – Introduced

HB57 RIGHT TO REFUSE MEDICAL TREATMENT

Create a new section of KRS Chapter 311 to recognize a competent adult’s right to bodily autonomy and inherent and absolute right to refuse medical treatment; prohibit any person, employer, entity, or health care provider from mandating medical treatment.

1/3/2023 – Introduced

HB58 MEDICAL ETHICS

Create new sections of KRS Chapter 344 to define terms; prohibit discrimination against medical care providers who decline to perform procedures that violate their conscience; grant providers the right not to participate in or pay for services that violate their conscience; exempt providers from liability for exercising these rights; establish a civil cause of action for persons injured by violations of these provisions; EMERGENCY.

1/3/2023 – Introduced

HB73 AUTOMATED MOTOR VEHICLE SPEED ENFORCEMENT

Create new sections of KRS Chapter 189 to define terms; establish the standards of operation of automated speed enforcement and traffic control signal monitoring systems and the implementation of a civil penalty for violation of KRS 189.390 and 189.231(2); provide legal defenses for violations recorded by automated speed enforcement and traffic control signal monitoring systems; establish procedure for the District Court upon refusal to pay the civil penalty and establish that there shall be no points added to the owner’s driving record for violations; amend KRS 189.231 to establish a civil penalty for not following instructions of a traffic control device recorded by a traffic control signal monitoring system; amend KRS 189.390 to establish a civil penalty for violation of a speed limit recorded by an automated speed enforcement system; amend KRS 189.394 to allow for a civil penalty to be charged when the violation is recorded by an automated speed enforcement system; amend KRS 189.990 to establish a civil penalty for violation of KRS 189.231(2).

1/4/2023 – Introduced

HB78 SEX CRIMES

Amend KRS 530.020 to delineate familial relationships; replace “consenting adults” with “consenting persons”; establish any nonconsenting person is a victim; make changes to enhancement requirements.

1/4/2023 – Introduced

HB83 JUDGMENT LIENS

Amend KRS 426.720 to require judgment lien notices to contain the date of final judgment; establish expiration dates for judgment liens; provide that a judgment lien expiration may be postponed under certain circumstances.

1/4/2023 – Introduced

HB84 GUARDIANS AND CONSERVATORS

Amend KRS 387.350, relating to determination of disability and appointment of a guardian or conservator, to create additional requirements for petition; amend KRS 387.580 to add specific findings to be made at a hearing; amend KRS 387.600 to make recognition of the respondent’s power of attorney discretionary; amend KRS 387.620 to create additional requirements for petition; clarify procedure for an informal request; require jury trials to modify an order; specify that an order may include visitation arrangements and limitation of the ward’s ability to enter into a contract; amend KRS 387.640 and 387.660 to specify duties of the Cabinet for Health and Family Services if that cabinet is a guardian or limited guardian; provide that the Act may be cited as the Conservatorship Advocacy to Remove Exploitation (C.A.R.E.) Act.

1/4/2023 – Introduced

HB92 HEALTH MANDATES IN EDUCATIONAL SETTINGS

Create a new section of KRS Chapter 158 to require that a parent or guardian be permitted to opt a student of any public school requirement for medical devices and procedures, and treatments; provide that the parent or guardian shall not be required to submit any documentation or certification to opt out; provide that nothing in the section shall be interpreted to contradict KRS 158.035; create a new section of KRS Chapter164 to provide that postsecondary education institutions may not require individuals to use medical devices or submit to medical procedures and treatments in response to the COVID-19 pandemic on property not used for the delivery of medical services; provide that a postsecondary education institution may implement a requirement for facial coverings that is not responsive to the COVID-19 pandemic; EMERGENCY.

1/4/2023 – Introduced

HB98 CONTROLLED SUBSTANCES

Create new sections of KRS Chapter 211 to establish a program for harm reduction centers; amend possession of controlled substance statutes to reduce penalty; amend KRS 218A.275 to provide for referrals to treatment for persons charged with possession of controlled substances; amend KRS 218A.500 to decriminalize possession of items to test, store, or consume controlled substances; repeal KRS 218A.14151, 218A.1450, 218A.1451, 218A.1452, and 218A.276.

1/4/2023 – Introduced

HB102 DELIVERY SERVICES

Create a range of sections in KRS Chapter 365 to establish definitions; establish insurance requirements for delivery network companies and delivery network drivers during delivery available periods and delivery service periods; establish when a delivery network company controls, directs, or manages a personal vehicle or delivery network driver; establish disclosure requirements for delivery network companies; establish construction clauses relating to existing insurance laws and delivery or transport of goods laws; create a new section of Subtitle 39 of KRS Chapter 304 to establish certain rights of insurers relating to injury or losses that occur during a delivery available period or delivery service period; EFFECTIVE January 1, 2024.

1/5/2023 – Introduced

HB103 TORTURE OF A DOG OR CAT

Amend KRS 525.135 to include intentional and wanton harm to a dog or cat; define “restrain” and “serious physical injury or infirmity” and redefine “torture”; provide that torture of a dog or cat is a Class D felony in every instance and that each act may constitute a seperate offense; set forth what does not constitute torture of a dog or cat.

1/5/2023 – Introduced

HB104 AGGRAVATING CIRCUMSTANCES

Amend KRS 532.025 to include abuse of a corpse by deviate sexual intercourse, sexual intercouse, or sexual contact as an aggravating circumstance; provide that the Act may be cited as Angela’s Law.

1/5/2023 – Introduced

HB115 SERVICE ANIMALS

Amend KRS 525.010 to define “electronic detection dog” and “police dog”; amend KRS 525.220 to only allow the protection of self or others in instances of unlawful force; amend KRS 525.200 to conform; allow the Act to be cited as Bo’s Law.

1/5/2023 – Introduced

HB121 OCCUPATIONAL DISEASE CLAIMS

Amend KRS 342.125 to remove the requirement that an affected employee previously diagnosed with occupational pneumoconiosis resulting from exposure to coal dust must have an additional two years of employment in the Commonwealth wherein the employee was continuously exposed to the hazards of the disease in order to reopen a claim.

1/5/2023 – Introduced

HB122 WORKERS’ COMPENSATION

Amend KRS 342.315 to eliminate the requirement that physicians contracting with the commissioner of the Department of Workers’ Claims to perform evaluations in occupational disease claims be “B” readers who are licensed in Kentucky and are board-certified pulmonary specialists; amend KRS 342.316 to allow the commissioner to select a physician or medical facility for referral in occupational disease claims and eliminate the requirement that such physicians be “B” readers who are licensed in Kentucky and are board-certified pulmonary specialists; amend KRS 342.794 to delete the definition of “board-certified pulmonary specialist” and eliminate the requirement that physicians on the list of qualified “B” readers maintained by the commissioner include only those licensed in Kentucky and board-certified pulmonary specialists.

1/5/2023 – Introduced

HB129 FREESTANDING BIRTHING CENTERS

Create a new section of KRS Chapter 216B to define “freestanding birthing center”; require the Cabinet for Health and Family Services to promulgate updated administrative regulations to establish licensure standards for freestanding birthing centers, including requiring accreditation by the Commission for the Accreditation of Birth Centers, compliance with the American Association of Birth Centers (AABC) Standards for Birth Centers, and consistent plans for transfer and safe transport to a hospital as needed; exempt a center from certificate-of-need requirements for establishing and licensing a freestanding birthing center; limit liability of center; amend KRS 216B.020, 196.173, 211.647, 211.660, 213.046, 216.2920, and 216.2970 to conform; provide that the Act may be cited as the Mary Carol Akers Birth Centers Act.

1/5/2023 – Introduced

HB135 AUTONOMOUS VEHICLES

Create various sections of KRS Chapter 186 to establish a regulatory framework for the operation of fully autonomous vehicles on public highways; define terms; establish requirements for autonomous vehicles and automated driving systems; require submission of a law enforcement interaction plan with the Transportation Cabinet; establish requirements for proof of insurance or self-insurance in amounts identical to current levels for personal and commercial motor vehicles; require titling and registration of fully autonomous vehicles; establish the Transportation Cabinet as the sole agency responsible for administering statutes and regulations regarding fully autonomous vehicles; amend KRS 65.873 to prohibit any unit of local government from prohibiting the operation of fully autonomous vehicles or establishing rules or ordinances that are specific to the operation of fully autonomous vehicles; amend KRS 186.410 to establish that when an automated driving system is installed and engaged on a motor vehicle, the automated driving system is considered to be the operator of the vehicle and licensed to operate the vehicle; create a new section of KRS Chapter 189 to exempt fully autonomous vehicles designed to be operated exclusively by an automated driving system from any vehicle equipment requirements of KRS 189.020 to KRS 189.205 that relate to vehicle operation by a human driver; amend KRS 189.635 to establish responsibility for the filing of accident reports and notification of law enforcement after accidents involving fully autonomous vehicles; amend KRS 281.010 to define terms relating to the operation of fully autonomous vehicles as motor carriers; amend KRS 281.630 to establish that any administrative regulations promulgated by the department that apply only to a human driver shall not apply to a fully autonomous vehicle; amend KRS 281.764 to require only the lead vehicle in a truck platoon to have a human driver behind the wheel of their vehicle.

1/6/2023 – Introduced

SB9 HAZING

Create new sections of KRS Chapter 508 to define “hazing,” “student,” and “organization”; establish a Class D felony of hazing in the first degree; establish a Class A misdemeanor of hazing in the second degree; amend KRS 164.7874 to remove eligibility for a KEES scholarship if convicted of hazing; provide that the Act may be referred to as Lofton’s Law.

1/5/2023 – (S) Referred to Committee Senate Judiciary (S)

SB12 PHYSICIAN WELLNESS PROGRAMS

Create new sections of KRS Chapter 311 to define “physician wellness program” and “career fatigue”; establish protections for physicians who participate in a physician wellness program; and affirm physician obligation to report impaired physicians to the Kentucky Board of Medical Licensure.

1/5/2023 – (S) Referred to Committee Senate Health Services (S)

SB21 TRAFFIC CONTROL SIGNAL MOTORING SYSTEMS

Create new sections of KRS Chapter 189 to define the terms “agency,” “owner,” “recorded images,” and “traffic control signal monitoring system”; establish a civil penalty of $50 if a motor vehicle is recorded failing to obey the instructions of a traffic control device; set forth forms and procedures; outline defenses for citations for failing to obey a traffic control device; mandate that a person who refuses to pay the civil penalty and does not appear to contest the citation shall have the vehicle’s registration suspended; mandate that civil penalties shall not result in points against the violator’s driving record; amend KRS 189.231 and KRS 189.990 to conform; APPROPRIATION.

1/5/2023 – (S) Referred to Committee Senate Transportation (S)

SB27 RESIDENTIAL CARE FACILITIES

Create a new section of KRS Chapter 205 to define terms; require the Cabinet for Health and Family Services to promulgate administrative regulations related to the inspection of group homes and staffed residences that provide Supports for Community Living waiver residential care; establish penalties.

1/5/2023 – (S) Referred to Committee Senate Health Services (S)

SB30 TERMINATION OF AUTOMATIC RENEWAL OFFERS

Create new sections of KRS Chapter 365 to define “automatic renewal,” “automatic renewal offer terms,” “clear and conspicuous,” “consumer,” and “continuous service,”; require businesses to present automatic renewal or continuous service offer terms clearly and conspicuously to consumers before purchase; require businesses to obtain the consumer’s consent before charging the consumer; require businesses to provide an acknowledgment that includes the terms, the cancellation policy, and information regarding how to cancel in a manner that can be retained by the consumer; require businesses to provide consumers with an easy-to-use mechanism for cancellation; require businesses to provide users who purchase in one medium the opportunity to terminate in the same medium, including online termination; require businesses to provide a notice regarding material term changes prior to implementation; exempt certain businesses and services; allow the Attorney General to bring an action for injunctive and monetary relief; and exempt contracts entered into prior to the effective date; EFFECTIVE January 1, 2024.

1/5/2023 – (S) Referred to Committee Senate Banking & Insurance (S)

SB41 SHERIFFS

Create a new section of KRS Chapter 70 to give sheriffs and deputy sheriffs statewide authority, provide for protocols when sheriffs and deputy sheriffs perform law enforcement activities in counties outside of their original jurisdiction; amend KRS 431.007 to set circumstances in which special deputies may assist in law enforcement outside of their county of appointment.

1/5/2023 – (S) Referred to Committee Senate Veterans, Military Affairs, & Public Protection (S)

SB43 ESSENTIAL CAREGIVERS

Amend KRS 216.505 to include communicable disease outbreaks and resident communicate disease status to exemptions for essential personal care visitors; EMERGENCY.

1/5/2023 – Introduced

SB45 ABOLISH DEATH PENALTY

Create a new section of KRS Chapter 532 to abolish the death penalty and replace it with life imprisonment without parole for inmates presently sentenced to death; amend KRS 532.030 to remove the death penalty; amend KRS 640.040 to prohibit life imprisonment without benefit of parole for a juvenile offender convicted of a capital offense; amend KRS 422.285, 532.050, 532.100, and 533.010 to conform; repeal KRS 431.213, 431.2135, 431.218, 431.220, 431.223, 431.224, 431.240, 431.250, 431.260, 431.270, 507A.060, 532.025, 532.075, 532.130, 532.135, 532.140, 532.300, 532.305, and 532.309.

1/5/2023 – Introduced

SB59 DRUG PARAPHERNALIA

Amend KRS 218A.500 to exclude testing equipment, including drug testing strips, used to determine the presence of fentanyl or a fentanyl-derivative from the definition of drug paraphernalia; allow local health departments to provide testing equipment, including drug testing strips, to determine the presence of fentanyl or a fentanyl derivative to participants; allow the retail sale of testing equipment, including drug testing strips, used to determine the presence of fentanyl or a fentanyl derivative; exclude testing equipment, including drug testing strips, used to determine the presence of fentanyl or a fentanyl-derivative in the inventory of a pharmacy from classification of drug paraphernalia.

1/5/2023 – Introduced