Phillip Pratt Archives - Laws for Landlords

A RESOLUTION honoring Kentucky’s farmers for helping provide citizens with the most nutritious and affordable food in the world, and recognizing February 20 to 26, 2022, as Food Check-Out Week in Kentucky.

Honor Kentucky farmers and recognize February 20 to 26, 2022, as Food Check-Out Week.

June 23, 2022

AN ACT relating to consumer protection through regulation of pharmacy-related trade practices.

Create new sections of Subtitle 17A of KRS Chapter 304 to establish definitions for pharmacy-related insurance practices; amend KRS 304.17A-164 to prohibit insurers, pharmacy benefit managers, and other administrators of pharmacy benefits from imposing certain requirements on health plan insureds; create new sections of Subtitle 17A of KRS Chapter 304 to require pharmacy benefit managers to establish reasonably adequate and accessible pharmacy networks; require pharmacy benefit managers to file, and the insurance commissioner to review, an annual report describing pharmacy networks; provide that information and data acquired by the Department of Insurance shall be considered proprietary and not subject to disclosure under KRS 61.870 to 61.884; establish requirements for certain contracts between a pharmacy or pharmacist and a pharmacy benefit manager; establish prohibited practices for pharmacy benefit managers; establish certain requirements for insurers and pharmacy benefit managers contracting for the provision of pharmacy benefit management services; prohibit administrators from offering any incentive or discount for use of an affiliated pharmacy benefit manager; establish a Pharmacy Benefits Management Advisory Council; create a new section of Subtitle 99 of KRS Chapter 304 to authorize the insurance commissioner to order reimbursement to persons who incurred a monetary loss as a result of a violation of provisions of legislation; amend KRS 304.9-054 to make technical changes; authorize the promulgation of administrative regulations; require pharmacy benefit managers to report certain information to the insurance commissioner; provide that certain reported information shall not be subject to disclosure under KRS 61.870 to 61.884; amend KRS 304.17A-708, 304.17A-712, and 304.17A-714 to conform; create a new section of Subtitle 17C of KRS Chapter 304 to apply provisions of legislation to limited health service benefit plans, including limited health service contracts; create a new section of Subtitle 38A of KRS Chapter 304 to apply provisions of legislation to limited health service organizations; amend 18A.225 to require the state employee health plan to comply with provisions of legislation; amend KRS 367.828 to establish certain requirements for health discount plans that purport to offer discounts, or access to discounts, on prescription drugs; provide that provisions of this Act shall be severable; require the insurance commissioner to promulgate regulations to implement the Act on or before January 1, 2023; EFFECTIVE, in part, January 1, 2023.

June 22, 2022

AN ACT relating to student discipline at public postsecondary education institutions.

Amend KRS 164.370 to define terms; require a governing board of a public postsecondary education institution to adopt a code for student conduct, establish minimum procedural requirements for a nonacademic violation when the violation is punishable by a suspension, expulsion, or termination of student housing, including a presumption of innocence, written notice, maintenance of an administrative file, the right to be present and participate meaningfully, the right to fair and impartial treatment, and the ability to bring a support person; establish enhanced minimum procedural requirements for a nonacademic violation when the violation is punishable by a suspension of 3 days or more, expulsion, or termination of student housing, including the right to be represented by counsel, to present relevant hearing evidence, and to cross-examine hearing testimony; provide a respondent that is suspended for 3 days or more, expelled, or has their campus housing terminated the right to appeal the results of a disciplinary hearing; provide that a participant has the right to appeal a Title IX allegation that does not result in a finding of a violation; provide a respondent or designated complainant shall have the right to appeal a final order of the governing board in Circuit Court; provide that nothing in the section shall be interpreted to impede or delay law enforcement, impair an institution’s ability to take reasonable interim measures in a student discipline matter, impair an institution’s ability to effectuate a valid judicial order, impair an institution’s ability to terminate a student’s residence in campus housing for any other reason than a student disciplinary matter, or limit any addition rights afforded under Federal law; create a new section of KRS 164 to require a public postsecondary education institution to publish a report on student discipline every three years; establish the required contents of the report; permit a postsecondary education institution to apply to the Attorney General for an exemption when the institution maintains that required data cannot be adequately deidentified to conform to Federal Law; provide that the Act may be cited as the Kentucky Campus Due Process Protection Act.

June 22, 2022

AN ACT relating to the establishment of a tax credit to promote investments in Kentucky businesses.

Create new sections of KRS Chapter 136 to establish the Kentucky Rural Jobs Act of 2022, allowing the Department of Revenue to begin accepting applications from entities seeking approval as a growth fund and allowing no more than $15 million dollars of insurance premiums tax credit to be awarded; amend KRS 131.190 to allow reporting of the tax credit to the Interim Joint Committee on Appropriations and Revenue; provide that Sections 1 to 10 of this Act may be cited as the Kentucky Rural Jobs Act of 2022.

June 22, 2022

AN ACT relating to employee child-care assistance, making an appropriation therefor, and declaring an emergency.

Create a new sections of KRS Chapter 199 to create the Employee Child-Care Assistance Partnership program; define terms; obligate the Cabinet for Health and Family Services to administer the program; establish reporting requirements; establish a fund for the program; authorize the cabinet to administer the fund; direct the cabinet to promulgate administrative regulations to effectuate the program; establish program requirements for employers and employees; establish requirements for both permissive and mandatory termination of the program contract; permit the Cabinet for Economic Development to condition program requirements on participation in this program; amend KRS 199.990 to include a penalty; cite as the Employee Child-Care Assistance Partnership; APPROPRIATION; EMERGENCY.

June 19, 2022

AN ACT relating to retirement benefits for state and county employees in hazardous positions.

Create a new section of KRS 16.505 to 16.652 to change the retirement benefits for members participating in the State Police Retirement System (SPRS) or in a hazardous position in either the Kentucky Employees Retirement System (KERS) or County Employees Retirement System (CERS) who are hired after January 1, 2014, but before January 1, 2023, so that, in lieu of continued participation in the hybrid cash balance plan (Tier 3 benefits), these members receive the benefits provided to members in a hazardous position who began participating immediately prior to January 1, 2014 (Tier 2 benefits); for members participating in a hazardous position who are subject to a change from Tier 3 to Tier 2 benefits, presume that service credit in a hazardous duty position earned after January 1, 2014, is service credit earned immediately prior to January 1, 2014, and require that accumulated contributions remain in the member’s account, although any employer credit will be transferred to the retirement allowance account; allow a member participating in a hazardous position subject to a change from Tier 3 to Tier 2 benefits to make a one-time election to opt out of the change of benefits, to be made for an actively employed member, no later than January 31, 2023, or for a member returning to a qualified position, within 30 days of returning to employment; establish exclusions; amend KRS 16.576, 16.577, and 78.5514 to allow a new member who begins participating in SPRS or in a hazardous position in KERS or CERS on or after January 1, 2023, or a member who is eligible under Section 1 of the Act, to calculate retirement allowance using the same benefit factors and service credit as those members in a hazardous position who began participating immediately prior to January 1, 2014 (Tier 2 members); amend KRS 16.583 and 78.5516 to limit the hybrid cash balance plan (Tier 3 benefits) only to members participating in SPRS or in hazardous positions in KERS or CERS who make an election to opt out of Tier 2 benefits under Section 1 of the Act or who make an election, prior to the effective date of the Act, under KRS 61.5955; amend KRS 61.5955 to provide that only a member in a nonhazardous position who began participating in KERS or CERS as a Tier 2 member may elect to receive Tier 3 benefits in the hybrid cash balance plan in lieu of Tier 2 benefits; amend KRS 16.505, 61.510, and 78.510 to amend definitions of various terms to conform and make technical changes; amend KRS 16.560, 61.575, and 78.640 to allow interest credited on the accounts of members participating in SPRS or in a hazardous position in KERS or CERS to be adjusted to conform; amend KRS 16.578 to allow a beneficiary of a member participating in SPRS or in a hazardous position in KERS or CERS who begins participating on or after January 1, 2023, or who is eligible under Section 1 of the Act, to receive the same death benefits as a Tier 2 member; amend KRS 16.582 and 78.5524 to allow a member participating in SPRS or in a hazardous position in KERS or CERS who begins participating on or after January 1, 2023, or who is eligible under Section 1 of the Act to receive the same disability benefits as a Tier 2 member; amend KRS 61.546 and 78.616 to allow a member participating in SPRS or in a hazardous position in KERS who begins participating on or after January 1, 2023, or who is eligible under Section 1 of the Act, to receive the same service credit for unused sick leave as a Tier 2 member; amend KRS 61.552 to allow a member participating in SPRS or in a hazardous position in KERS or CERS, who begins participating on or after January 1, 2023, or who is eligible under Section 1 of the Act, who is also vested, to purchase service credit; amend KRS 61.597 and 78.5512 to permit early retirement from both the Tier 2 and Tier 3 plans for a member eligible for Tier 2 hazardous benefits under Section 1 of the Act, who also has nonhazardous service credit as a Tier 3 member of either KERS or CERS; amend KRS 61.615 and 78.5528 to allow, if a disability retirement allowance is reduced or discontinued, for a member participating in SPRS or in a hazardous position in KERS or CERS who begins participating on or after January 1, 2023, or who is eligible under Section 1 of the Act, to apply for early retirement benefits as provided for and subject to the same limitations as Tier 2 members; amend KRS 61.680 to require that a member who is eligible under Section 1 of the Act and who has nonhazardous service credit as a Tier 3 member of either KERS or CERS to have his or her nonhazardous and hazardous service consolidated to determine eligibility and benefits; amend KRS 78.545 to add Section 1 of this Act as one of the provisions that shall be administered for the CERS in the same manner as for the KERS.

June 17, 2022

Sponsors: Phillip Pratt