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Kentucky  creates a rebuttable presumption influencing temporary joint custody and equal parenting time

3/7/2017

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HB 492 (BR 1635) - J. Petrie, D. Osborne

Kentucky promulgates AN ACT relating to temporary custody orders.

This is an amendment to KRS 403.280 creating a presumption of joint custody in temporary custody orders and to have prior parental custody agreements become the court's orders.

This would also amend KRS 403.280 to allow a court to adopt a temporary custody agreement as the temporary custody order of the court if the plan presented is mutually agreed upon and adequately provides for the welfare of the child; create a rebuttable presumption that there shall be temporary joint custody and equal parenting time.
  • Feb 17, 2017 - introduced in House
  • Feb 21, 2017 - to Judiciary (H)
  • Feb 27, 2017 - posted in committee
  • Mar 03, 2017 - reported favorably, 1st reading, to Calendar with Committee Substitute
  • Mar 06, 2017 - 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Tuesday, March 7, 2017
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Kentucky Passes Ultrasound Informed Consent Act

1/11/2017

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HB 2 (BR 887) - J. Hoover, A. Wuchner, L. Bechler, D. Bentley, R. Benvenuti III, J. Blanton, K. Bratcher, J. Carney, M. Castlen, J. DuPlessis, M. Hart, R. Heath, T. Herald, K. Imes, D. Johnson, DJ Johnson, K. King, A. Koenig, S. Lee, D. Meade , R. Mills, K. Moser, D. Osborne, M. Prunty, B. Reed, S. Santoro, J. Shell, D. St. Onge, W. Thomas, J. Tipton, T. Turner, K. Upchurch

     AN ACT relating to full disclosure in public safety and declaring an emergency.
     Create a new section of KRS 311.710 to 311.820 to create the Ultrasound Informed Consent Act to require an ultrasound prior to an abortion; amend KRS 311.990 to provide a criminal penalty; EMERGENCY.

AMENDMENTS
HB 2 (As Introduced)
     HCS1 - Delete whereas clauses, declare an EMERGENCY.
     HFA1( D. Owens ) - Amend KRS 311.710 to include an exception for rape or incest; declare an EMERGENCY.
     HFA2( M. Marzian ) - Create a new section of KRS Chapter 311 to prohibit all forms of abortion.
     HFA5( R. Nelson ) - Create new sections of KRS Chapter 311 to prohibit an abortion when the probable post-fertilization age of the unborn child is 20 weeks or greater; create an affirmative defense if the probable post-fertilization age was less than 20 weeks or if a medical emergency; require a determination of the unborn child's probable post-fertilization age prior to performing an abortion; allow for civil relief; create the Kentucky pain-capable unborn child protection litigation fund; allow for severability; amend KRS 311.595 to allow the Kentucky Board of Medical Licensure to suspend or revoke the license of any physician for violations; amend KRS 311.990 to establish a criminal penalty for violations; amend KRS 213.101 to expand the statistical reporting system for abortions; amend KRS 413.140 to provide a one-year statute of limitation for civil actions arising from violations; declare an EMERGENCY.
     HFA6( S. Riggs ) - Require the Department for Community Based Services to study and report on adoption services; report to the Governor, the Legislative Research Commission, and the Chief Justice of the Supreme Court by July 17, 2017.

     HFA7( S. Riggs ) - Make Title Amendment.
     HFA8( S. Riggs ) - Require the Department for Community Based Services to study and report on adoption services; report to the Governor, the Legislative Research Commission, and the Chief Justice of the Supreme Court by July 17, 2017.
     HFA9( D. Owens ) - Amend KRS 311.710 to include an exception for rape or incest, declare an EMERGENCY.

     Jan 03, 2017 - introduced in House; to Judiciary (H); taken from Judiciary (H); 1st reading; returned to Judiciary (H); posting waived
     Jan 04, 2017 - reported favorably, 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, January 5, 2017; floor amendments (1) (2) (3-title) (4-title) and (5) filed
     Jan 05, 2017 - taken from the Orders of the Day; returned to Judiciary (H); reported favorably, to Rules with Committee Substitute (1); posted for passage in the Regular Orders of the Day for Thursday, January 5, 2017; floor amendmenst (6) & (7-title) filed, and floor amendments (8) & (9) filed to Committee Substitute; 3rd reading, passed 83-12 with Committee Substitute (1); received in Senate; taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S); to Health & Welfare (S)
     Jan 06, 2017 - taken from Health & Welfare (S); 2nd reading; returned to Health & Welfare (S)
     Jan 07, 2017 - reported favorably, to Rules; posted for passage in the Regular Orders of the Day for Saturday, January 7, 2017; 3rd reading, passed 32-5; received in House; enrolled, signed by Speaker of the House; received in Senate; enrolled, signed by President of the Senate; delivered to Governor
     Jan 09, 2017 - signed by Governor
Vote History
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Priorities: Kentucky Redefines Dog Ownership For Real Property Purposes 

1/10/2017

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SB 12 (BR 40) - R. Stivers II

     AN ACT relating to responsible real property ownership.
     Amend KRS 258.095 to modify the definition of persons who would qualify as the "owner" of a dog for purposes of that chapter.
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AMENDMENTS
SB 12 (As Introduced)
     SCS1 - Delete original provisions; declare the causes necessitating the bill; amend KRS 164.821 to reduce the number of members on the University of Louisville board of trustees from 17 to ten; identify those members; set qualifications and conditions for membership; require Senate confirmation of appointments; set initial terms for members; specify how to determine proportional minority representation on the board; provide procedures for vacancies; amend KRS 164.830 to define a quorum for the transaction of business; prohibit compensation and provide for reimbursement; require the Governor's Postsecondary Nominating Committee to submit 30 nominations for the Governor's consideration for appointment; allow current or previously serving trustees to be considered for nomination; abolish prior board and transfer powers to newly established board upon appointment; declare an EMERGENCY.

     SCA1( J. Bowen ) - Make title amendment.

     Dec 07, 2016 - Prefiled by the sponsor(s).
     Jan 03, 2017 - introduced in Senate; taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S)
     Jan 04, 2017 - taken from Committee on Committees (S); 2nd reading; returned to Committee on Committees (S)
     Jan 05, 2017 - to State & Local Government (S); reported favorably with Committee Substitute (1) and committee amendment (1-title); posted for passage in the Regular Orders of the Day for Thursday, January 5, 2017; 3rd reading, passed 25-11 with committee amendment (1-title) and Committee Substitute (1); received in House; to State Government (H); taken from State Government (H); 1st reading; returned to State Government (H); posting waived
     Jan 06, 2017 - taken from State Government (H); 2nd reading; returned to State Government (H)
     Jan 07, 2017 - reported favorably, to Rules; posted for passage in the Regular Orders of the Day for Saturday, January 7, 2017; 3rd reading, passed 57-35; received in Senate; enrolled, signed by President of the Senate; received in House; enrolled, signed by Speaker of the House; delivered to Governor
     Jan 09, 2017 - signed by Governor
Vote History
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a Giant Step Backward: Kentucky Ratifies 'AN ACT relating to abortion and declaring an emergency'

1/9/2017

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SB 5/CI/LM (BR 822) - B. Smith, W. Westerfield, R. Alvarado, J. Bowen, D. Carroll, C. Embry Jr., R. Girdler, S. Meredith, D. Parrett, A. Robinson, J. Schickel, D. Seum, D. Thayer, M. Wilson, M. Wise

     Create new sections of KRS Chapter 311 to prohibit an abortion when the probable post-fertilization age of the unborn child is 20 weeks or greater; create an affirmative defense if the probable post-fertilization age was less than 20 weeks or if a medical emergency; require a determination of the unborn child's probable post-fertilization age prior to performing an abortion; allow for civil relief; create the Kentucky pain-capable unborn child protection litigation fund; allow for severability; amend KRS 311.595 to allow the Kentucky Board of Medical Licensure to suspend or revoke the license of any physician for violations; amend KRS 311.990 to establish a criminal penalty for violations; amend KRS 213.101 to expand the statistical reporting system for abortions; amend KRS 413.140 to provide a one-year statute of limitation for civil actions arising from violations; EMERGENCY.

AMENDMENTS
SB 5 (As Introduced)
     HFA1( M. Marzian ) - Create a new section of KRS Chapter 311 to prohibit all forms of abortion.
     HFA2( M. Marzian ) - Delete language in Section 1 related to the woman's mental health in the definition of "serious risk of the substantial and irreversible impairment of a major bodily function"; delete language in Section 2 related to conditions necessary for abortion if the pregnant woman will engage in conduct that would result in her death or reasons related to her mental health.
     HFA3( M. Marzian ) - Make title amendment.

     Jan 03, 2017 - introduced in Senate; taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S); to Veterans, Military Affairs, & Public Protection (S)
     Jan 04, 2017 - taken from Veterans, Military Affairs, & Public Protection (S); 2nd reading; returned to Veterans, Military Affairs, & Public Protection (S)
     Jan 05, 2017 - reported favorably, to Rules; posted for passage in the Regular Orders of the Day for Thursday, January 5, 2017; 3rd reading, passed 30-6; received in House; to Health and Family Services (H); taken from Health and Family Services (H); 1st reading; returned to Health and Family Services (H); posting waived
     Jan 06, 2017 - taken from Health and Family Services (H); 2nd reading; returned to Health and Family Services (H)
     Jan 07, 2017 - reported favorably, to Rules; posted for passage in the Regular Orders of the Day for Saturday, January 7, 2017; floor amendments (1) (2) and (3-title) filed; 3rd reading, passed 79-15; received in Senate; enrolled, signed by President of the Senate; received in House; enrolled, signed by Speaker of the House; delivered to Governor
Vote History
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Ballot Access Hearing For Kentucky Libertarians Set For May 19th In Frankfort

5/17/2016

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LPKY has an important hearing this week at 11AM on Thursday. The hearing will be held at The Federal Courthouse in Frankfort. If they win, LPKY will have many more candidates in 2018. If you think this is important, please mark your calendar and come out to show your support. It should take just over an hour.
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CLICK FOR EVENT DETAILS
While it's possible the judge might extend the filing deadline, it's unlikely to be effective in time for this election cycle so LPKY will still have to petition for their parties presidential candidate but this could set the stage for 2018 to be a break out  year, if LPKY is successful.
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Kentucky House Attempts To Pork RUPP Renovation Project On Organ Donor Bill

4/22/2016

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Thankfully, R. Crimm, L. Belcher, B. Linder's HB19/FN  is was recently vetoed by Gov. Bevin. The initially well intentioned ACT relating to the promotion of organ and bone marrow donation would have created a new section of KRS Chapter 141 to establish the employers' organ and bone marrow donation tax credit; amend KRS 141.0205 to provide the ordering of the credit; declare short title to be the Living Organ and Bone Marrow Donor Assistance Act of 2016.

This bill took a completely unrelated turn when when Rep. A. Kerr porked a floor amendment amending KRS 153.450 to allow an urban-county government to impose an additional 2.5 percent local transient room tax to fund the renovation, expansion, or improvement of a convention center; require proceeds to be used for repayment of debt associated with the project; and require the levy to sunset upon completion of the project and repayment of all associated debt.
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New Law Provides Underinsured Kentuckians With Colon Exams

4/20/2016

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Kentucky House Reps.' T. Burch, T. Riner, L. Belcher, B. DeWeese, J. Glenn, M. King, M. Marzian, D. Watkins, B. Yonts ACT relating to colon cancer prevention by declaring it an emergency is now law.
 
It amend KRS 214.542 to include eligible underinsured individuals in the colon cancer screening program; direct the Department for Public Health to promulgate administrative regulations to develop a schedule of income-based fees that may be charged for screening, examination, treatment, and rescreening and a data collection system to document the services performed under the program.

Amendments
 were made to retain original provisions of the bill except to state that treatment and surveillance may be provided if funds are available and change a data collection system "to document" to a data system "including." 
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Kentucky Passes Public Pension Plan Reporting Law 

4/19/2016

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Signed in to Kentucky Law April 18th 2016, Senators' B. Yonts & J. Richards bill is AN ACT relating to public pension plan reporting.

​This Bill amends KRS 6.350 to specify that the actuarial analysis required on retirement legislation shall include the impact on funding levels and unfunded liabilities over time; specify the qualification requirements of the actuary completing the analysis; amend KRS 7A.240 to require the state-administered retirement systems to pay the cost of actuarial services required by amendments to KRS 7A.250; amend KRS 7A.250 to require the Public Pension Oversight Board to retain an actuary to perform an actuarial audit of the state-administered retirement systems at least once every 10 years and to review state-administered retirement system budget requests prior to each budget biennium; amend KRS 21.440, 61.670, and 161.400 to provide that all state-administered retirement systems shall include in their actuarial valuation a description of funding methods utilized or required by state law in the development of the valuation, a description of any changes in actuarial assumptions and methods that have occurred since the last valuation, the actuarially recommended employer contribution rates for the upcoming budget period, a 20-year projection of employer contribution rates, funding levels, and unfunded liabilities, and a sensitivity analysis to evaluate the impact of changes in key assumptions on employer rates, funding levels, and unfunded liabilities; require the systems to conduct an actuarial experience study at least once every 5 years and to perform a 20-year impact of the proposed changes to the systems' employer rates, funding levels, and unfunded liabilities; require the systems to perform a 20-year impact on employer rates, funding levels, and unfunded liabilities for any changes in assumptions, funding methods, retiree health subsidies, or other changes enacted by the board of trustees of the systems that impact system liabilities; require the actuary certifying the results of the annual actuarial valuation and the 5 year experience study to be a fellow of the Conference of Consulting Actuaries or a member of the American Academy of Actuaries; require electronic distribution of actuarial valuations, experience studies, or analysis of changes made by the boards of trustees to the Legislative Research Commission (LRC) and require LRC to distribute information to chairs and committee staff of committees with jurisdiction over the systems; make technical amendments; require completion of the actuarial valuations by November 15 following the close of the fiscal year; amend KRS 48.040 to provide that on or before August 15 prior to a budget session, that the state-administered systems shall prepare a preliminary projection of the actuarially required contribution rates for the upcoming budget biennium and to provide updated values by November 15 of the same year once the actuarial valuation is completed; require submission to the state budget director's office and the LRC and require LRC upon receipt to distribute information to chairs and committee staff of committees with jurisdiction over the systems.
​

Amendments were made to retain original provisions except to require performance of the actuarial audit of the state-administered retirement systems once every five years. And additional addendum was made from the floor to retain original provisions except to require performance of the actuarial audit of the state-administered retirement systems once every five years and create the Kentucky permanent pension fund for the purpose of addressing the Commonwealth's unfunded pension liabilities.
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New Kentucky Law Establishes Kentucky Interagency Council on Homelessness

4/18/2016

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Now Kentucky Law, Senators B. Smith, R. Alvarado, J. Carroll, G. Neal, W. Schroder"s SB225 is AN ACT relating to homelessness prevention. It amends KRS 194A.735 to expand eligibility, subject to sufficient funding, for the homelessness prevention project to individuals diagnosed with severe mental illness who have been admitted into hospital emergency departments at least 10 times annually, individuals in the top 10% of hospital users in hospitals at which over 10% of the patient census are diagnosed with severe mental illness, individuals being paroled, individuals aging out of foster care for up to two years after exit, and individuals outside of Oldham County; move support of the project to the Division of Behavioral Health.
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Floor Amendments were made to ensure the bill r
etain original provisions; clarifying that expanded eligibility for the Homelessness Prevention project applies only to those with serious mental illness, those being released from mental health facilities, those with high utilization rates of the healthcare, mental healthcare, and judicial systems, those being released or paroled from state-operated prisons, and those aging out of foster care; and codify the establishment of the Kentucky Interagency Council on Homelessness.
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Law Directs KEntucky LRC To Study Municipal Bankruptcy

4/16/2016

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Now Kentucky Law, B. Montell, L. Belcher, A. Koenig, S. Riggs, bill know as HCR13 directs the staff of the Legislative Research Commission to study municipal bankruptcy.
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    Bryan Short,
    editor-in-chief

    Bryan S. Short is Director Kentucky for Our America Initiative, Vice-Chair of The Libertarian Party of Kentucky, Lobbyist Pro Bono

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