These are legislative issues that directly affect law enforcement officers and more importantly our members:


Please help by calling, emailing, writing your legislators 


Who is my Legislator? 

Click on this link to locate your legislators.  Remember, we are the people.  We are the voters. We are the ones who elected these people into the offices they hold.  When they fight for the people and for us, we should fight to SUPPORT them.  We they fight for their own interests and not for the people or us, then we should fight to REMOVE them!


HOUSE BILL 396 - CRIMINAL JUSTICE REFORM BILL


http://www.lrc.ky.gov/record/18RS/HB396.htm


This bill is a sad piece of legislation victimizing the public and giving MORE rights & breaks to criminals who are breaking the laws! FOP 16 is STRONGLY OPPOSED to this bill.


HB 396 (BR 434) - K. Moser, J. Nemes, M. Dossett

 

 

 

 

 

     AN ACT relating to crimes and punishments and making an appropriation therefor.

 

 

                Amend KRS 186.990 to reclassify select non-DUI traffic and licensure offenses from misdemeanors to violations; increase the felony threshold for registering a vehicle out of state to avoid taxation from $500 to $2,000 and create a Class B misdemeanor level for offenses of less than $100; amend KRS 186.991 to reclassify offenses related to truck or tractor dealer-demonstrator tags from Class B misdemeanors to violations; amend KRS 186A.990 to reclassify offenses related to temporary motor vehicle tags from Class B misdemeanors to violations, and offenses without prescribed penalties from Class A misdemeanors to violations; amend KRS 189.990 to reclassify a second offense of disregarding a traffic regulation from a Class B misdemeanor to a violation, and misuse of an off-road vehicle from a Class A misdemeanor to a violation; amend KRS 304.99-060 to reclassify the first and second offenses of driving without and failing to maintain proper security from Class B and A misdemeanors to violations; amend KRS 138.465 to conform; amend KRS 194A.990, 205.8461, 205.8463, 217.181, 238.995, 304.47-020, 341.990, 365.241, 434.650, 434.655, 434.660, 434.670, 434.690, 434.850, 434.851, 434.853, 514.030, 514.040, 514.050, 514.060, 514.070, 514.080, 514.090, 514.110, 514.120, 516.120, and 517.060 to increase the felony threshold for offenses from $500 to $2,000 and create a Class B misdemeanor level for offenses of $100 or less; amend KRS 218A.1415 to reclassify first degree possession of a controlled substance from a Class D felony to a Class A misdemeanor for first and second offenses, require probation to be imposed for the offense unless the defendant has been convicted of certain violent or sexual offenses within the last five years, and allow the court to order a substance abuse assessment and treatment referral based on the recommendation of the treatment or service provider; amend KRS 218A.1416 to reclassify the penalty for second degree possession of a controlled substance from a Class A misdemeanor to a Class B misdemeanor; amend KRS 218A.14151 to revise findings to be made by the prosecutor if entry into a deferred prosecution program is denied and to require the prosecutor to state reasons for the requirement of a criminal conviction; amend KRS 511.040 to exclude motor vehicles, with the exception of recreational vehicles, from the definition of “building” for the purposes of third degree burglary; amend KRS 439.250 to revise definition of parole compliance credits and establish definitions for probation compliance credits, technical violations, and absconding; amend KRS 446.010 to revise definitions for pretrial risk assessment, supervised individual, and treatment; create a new section of KRS 439.250 to 439.560 to establish an administrative parole process that allows inmates serving a sentence for a Class C or D felony offense that is not a violent or sexual offense to be released at the parole eligibility date without a hearing if the inmate does not commit a serious disciplinary violation, unless the victim or Commonwealth’s attorney requests a hearing; amend KRS 439.340 and 439.3406 to conform; amend KRS 439.553 to require graduated sanctions to be used in response to technical violations and absconding violations; amend KRS 532.260 to allow inmates with 12 months or less to serve on their sentence to be eligible for home incarceration, require a risk and needs assessment to be conducted for offenders placed on home incarceration, and allow graduated sanctions to be used in response to technical violations committed while on home incarceration; amend KRS 439.3107 to require the Department of Corrections to adopt a system of graduated sanctions for absconding violations; amend KRS 439.3108 to require graduated sanctions to be used for the first absconding violation unless the parole officer determines the individual has committed new criminal activity during the absconding period or the individual is on supervision for a sexual or violent offense; allow the Department of Corrections to use graduated sanctions for the second and subsequent absconding violation; amend KRS 439.341 to require preliminary hearings for supervised individuals who have been detained for a technical violation to be conducted within 15 days of detainment; require a show cause hearing to be held to extend the period of detainment beyond the 15 days, otherwise the supervised individual will be released and continued on supervision; prohibit the period of detainment pending final revocation hearing to exceed the length of the revocation limitations established in KRS 439.430 or 533.050; amend KRS 439.315 to require fees to be waived for individuals placed on administrative supervision; require fees to be suspended for the first six months of a person’s term of community supervision following release from custody, unless the releasing authority determines the individual has an ability to pay; clarify that nonpayment of fines, fees, and court courts must be willful in order to be considered a technical violation and grounds for revocation; amend KRS 439.430 to allow a summons to be issued in lieu of a warrant for a technical violation; require a preliminary hearing and revocation hearing to be conducted before a parole can be revoked; require the final revocation hearing to be conducted within 30 business days of the date of the preliminary hearing; limit the term of imprisonment that can be imposed for a technical violation to up to 30 days for the first revocation, up to 90 days for the second revocation, up to 180 days for the third revocation, and up to two years for the fourth and subsequent revocation; repeal KRS 439.440; amend KRS 533.020 to reduce the maximum probation period that can be ordered from five years to four years and make conforming amendments; amend KRS 533.050 to require a final revocation hearing to be held within 30 business days of the preliminary hearing; prohibit individuals detained pending a final revocation hearing from being held beyond the maximum time that can be revoked for a technical violation; limit the term of imprisonment that can be imposed for a technical violation to up to 30 days for the first revocation, up to 90 days for the second revocation, up to 180 days for the third revocation, and up to two years for the fourth and subsequent revocation; create a new section of KRS 439.250 to 439.560 to establish probation credits; amend KRS 439.345 to remove the requirement that a parolee serve one or two years on supervision before being eligible for certain credits and incentives and add a conforming amendment; amend KRS 441.127 to expand credits available to misdemeanors; amend KRS 439.3105 to expand eligibility for administrative supervision to allow individuals with remaining financial obligations to be placed on administrative supervision, and require individuals who are low-risk and served six months on active supervision without a violation of the terms and conditions of supervision to be placed on administrative supervision; create a new section of KRS 439.250 to 439.560 to establish a geriatric parole review process that allows inmates convicted of a nonviolent and nonsex offense who have reached the age of 65 years and served at least fifteen percent of their sentence to be considered for parole release by the board; amend KRS 439.3405 to expand eligibility for medical parole to inmates who have a physical or mental disability that renders them incapable of being a danger to society and requires the Parole Board to notify inmates in writing when a medical parole consideration has been denied; amend KRS 534.020 to require an installment plan set up for repayment of court costs and fees to be determined based on defendant’s discretionary income; allow installment plans to be extended to the defendant’s term of supervision; allow community service to be used in lieu of revocation for nonpayment of financial obligations; amend KRS 431.066 to limit the use of monetary bail to certain high-risk defendants and create a preventative detention process for defendants of select risk levels and charge types; create a new section of KRS Chapter 431 to establish a preventative detention hearing process and define the limited circumstances in which monetary bail can be imposed; amend various statutes to conform; repeal KRS 431.021; amend KRS 15.718 to require training for prosecutors related to victims’ statutory rights, including but not limited to the use of victim impact statements at sentencing; amend KRS 21A.170 to require training for judges related to victims’ statutory rights, including but not limited to the use of victim impact statements at sentencing; amend KRS 421.570 to require training for victim advocates related to victims’ statutory rights, including but not limited to the use of victim impact statements and the submission of claims through the Kentucky Claims Commission; amend KRS 15A.075 to expand duties and responsibilities of the Criminal Justice Council to include tracking the implementation of this Act; amend KRS 196.031 to expand duties and responsibilities of the Justice and Public Safety Cabinet to collect and maintain data related to the implementation of this Act; create new sections of KRS Chapter 196 to create a fiscal incentive grant fund and a fiscal incentive grant program; provide a sunset provision for the fund and program; APPROPRIATION; EFFECTIVE in part January 1, 2019.

 

 

 

 

 

     Feb 20, 2018 - introduced in House

 

 

     Feb 22, 2018 - to Judiciary (H)


SENATE BILL 1 - STATE RETIREMENT


http://www.lrc.ky.gov/record/18RS/SB1.htm


This bill is still being picked apart by the Kentucky State FOP Legislative Team.  Amendments to this bill have been favorable to the Tier 1 & Tier 2 members, but there are some concerns still for the Tier 3 members.  The Team is working as diligently and as quickly as possible to review this amended bill. 

(we will put more info out as we receive word back from them)


SB 1 / AA (BR 427) - J. Bowen, R. Stivers II, C. McDaniel, D. Thayer

 

 

 

 

 

     AN ACT relating to retirement.

 

 

    Amend KRS 6.505 to provide that the "inviolable contract" provisions shall not apply to legislative changes to Legislators' Retirement Plan (LRP) that become effective on or after July 1, 2018; make technical changes; amend KRS 6.520 to reduce the benefit factor of LRP members who began participating prior to 1/1/2014 to 1.97%; amend KRS 6.525 to recalculate current and future LRP retiree benefits effective 1/1/2019 so that the benefit from LRP is based solely upon salary earned as a legislator; amend KRS 6.518 to conform; amend KRS 21.360 to provide that the "inviolable contract" provisions shall not apply to legislative changes to the Judicial Retirement Plan (JRP) that become effective on or after July 1, 2018; make technical changes; amend KRS 21.374 to remove provisions relative to the election to participate in the cash balance plan by existing members and amend to provide that LRP and JRP members may elect to cease participating in LRP or JRP and participate prospectively in KERS in the new optional 401(a) money purchase plan for any future service as a legislator, judge, or justice; amend KRS 21.402 to change the interest credit in the JRP/LRP cash balance plans to 85% of the 5-year smoothed return above 0% if the member is contributing to a state-administered retirement system or plan and 0% if the person is not contributing to a state-administered retirement system or plan; amend KRS 21.460 to prohibit the purchase of recontributions of refunds to LRP/JRP by members who are participating in the 401(a) money purchase plan provided by this Act; amend KRS 21.480 to provide that the "inviolable contract" provisions shall not apply to legislative changes to JRP that become effective on or after July 1, 2018; make technical changes; amend KRS 21.372 and 21.385 to make technical/conforming amendments to JRP/LRP statutes; create a new section of KRS 61.510 to 61.705 to establish an optional 401(a) money purchase plan for new nonhazardous members who begin participating in the Kentucky Employees Retirement System (KERS) and County Employees Retirement System (CERS) on or after January 1, 2019, who elect to participate in the plan; provide that the optional money purchase plan shall be a mandatory defined contribution plan that will operate as another benefit tier in KERS/CERS and will include a 4% employer contribution; provide that the investment options for members of the money purchase plan shall be determined by theKentucky Retirement Systems (KRS) board and may include options for investing in system assets, investment options provided by an external vendor selected by the KRS board, or investment options provided through an agreement with the Kentucky Public Employees Deferred Compensation Authority (KDC); provide for a 5-year vesting period for employer contributions in the 401(a) money purchase plan; provide that a member can retire and take a refund or his or her account or annuitize his or her account balance in the 401(a) money purchase plan into one of the payment options provided by the system upon reaching age 65 with 5 years' service or upon meeting a combined age and service requirement of 87 years with a minimum age of 57; amend KRS 16.505, 61.510, and 78.510 relative to State Police Retirement System (SPRS), KERS, and CERS to exclude uniform and equipment allowances from the definition of creditable compensation, require that a final compensation based upon the highest 3 (hazardous) or highest 5 (nonhazardous) years of creditable compensation must contain at least 36 or 60 months, as applicable, for those members retiring on or after January 1, 2019; for Tier I nonhazardous KERS and CERS members retiring on or after July 1, 2023, prohibit lump-sum payments for compensatory time at retirement from increasing retirement benefit calculations; define "nonhazardous position" and "accumulated employer contribution" and make technical and conforming changes; amend KRS 61.546 and 78.616 to provide that members of KERS/CERS/SPRS who retire on or after August 1, 2018, shall not receive sick leave service creditfor more than the sick leave they have accumulated as of July 31, 2018, and shall not be eligible to use sick leave service credit for purposes of determining retirement eligibility; provide that no additional KERS/CERS agencies may elect to adopt a sick leave program on or after August 1, 2018; amend KRS 61.565 to define normal cost for purposes of funding for KERS, CERS, SPRS, LRP, and JRP; provide that costs for the optional 401(a) money purchase plan shall be included in the normal cost calculation; provide that for the 2019 actuarial valuation the unfunded liabilities shall be financed using a level dollar amortization method and that unfunded liability payments shall be prorated to each employer based upon the employer's average share of payroll over fiscal years 2015, 2016, and 2017, except for those employers who have ceased participation; provide that employer funding requirements shall be determined using the entry age normal cost method, a 5-year asset smoothing method, and assumptions adopted by the KRS board; provide that KERS and SPRS rates shall be adjusted annually rather than on a biennial basis in the 2020-2022 budget biennium; amend KRS 61.597 to change the interest credit for KERS/CERS nonhazardous members in the cash balance plan to 85% of the 10-year smoothed return above 0% if the member is contributing to a state-administered retirement system or plan and 0% if the person is not contributing to a state-administered retirement system or plan; amend KRS 16.601 to provide that in the event of a line-of-duty death of a KERS, CERS, or SPRS hazardous member, the spouse shall supersede the beneficiary designation on file; amend KRS 61.552 to provide that members who begin participating in the optional 401(a) money purchase plan shall not be eligible to purchase service credit and to make conforming amendments; amend KRS 61.555 to provide that a member in the optional 401(a) money purchase plan shall be credited with employee and employer contributions if called to active duty military service while working; amend KRS 61.637 to specify required breaks in employment for KERS, CERS, SPRS, LRP, JRP, and Teachers' Retirement System (TRS) retirees who retire on or after January 1, 2019, and are reemployed on or after January 1, 2019, and to provide that these reemployed retirees shall not earn a second retirement account upon reemployment; amend KRS 61.702 to require KRS employees who began participating on or after July 1, 2003, but prior to September 1, 2008, to contribute towards retiree health funding an amount equivalent to the lesser of the normal cost of the retiree health benefit or 3% of creditable compensation; provide that the increase in the employee contribution rate shall be phased-in over a 3-year period and may be adjusted annually after that date by the KRS board in increments of 0.25% of pay if the normal cost decreases/increases, but in no case shall it exceed 3% of creditable compensation; amend KRS 61.705 to provide that members who begin participating on or after January 1, 2014, shall not be eligible for the $5,000 death benefit payable to KERS, CERS, and SPRS retired members with at least 4 years of service; amend KRS 16.652, 61.692, and 78.852 to provide that the KERS, CERS, and SPRS "inviolable contract" provisions shall not apply to legislative changes that become effective on or after July 1, 2018; make technical changes; amend KRS 61.5955 to remove provisions relative to election by pre-2014 KERS, CERS, and SPRS members to participate in a cash balance plan and amend to provide that KERS and CERS nonhazardous members may elect to cease participating in the pension plan and participate prospectively in the optional 401(a) money purchase plan for future service; amend KRS 61.655 to provide that no member of the General Assembly, public servant, or trustee or employee of the KRS board shall have any interest in the business of KRS while employed/serving and for a period of 5 years following employment/service (starting from July 1, 2017); amend KRS 16.583, 16.645, 61.575, 61.595, 78.640, 61.580, 61.559, 61.605, 61.640, 61.680, 78.545, and 78.650 to make technical/conforming amendments; create a new section of KRS 161.220 to 161.716 to establish a hybrid cash balance plan for new Teachers' Retirement System (TRS) members who begin participating on or after January 1, 2019; provide that the hybrid cash balance plan shall operate as another benefit tier in TRS and will include an 8% employer credit for non-university members and a 4% employer credit for university members; provide for a 5-year vesting period for employer credits in the TRS hybrid cash balance plan; provide that a member can retire and take a refund of his or her account or annuitize his or her account balance in the TRS hybrid cash balance plan into one of the payment options provided by the system upon reaching age 65 with 5 years' service or upon meeting a combined age and service requirement of 87 years with a minimum age of 57; allow a TRS member with less than 5 years of service to elect participation in the hybrid cash balance plan; amend KRS 161.155 to limit the amount of sick leave payments that can be applied to TRS retirement benefit calculations to the amount of sick days accumulated as of July 31, 2018; retain current high-3 final average salary provisions for TRS members with 20 or more years of service as of July 31, 2018; provide that TRS members with less than 20 years of service as of July 31, 2018, may qualify for a high-3 final average salary calculation if he or she is at least age 60 and has at least 35 years of service; define "university member," "nonuniversity member," "accumulated account balance," and "accumulated employer credit"; amend KRS 161.460 to provide that no member of the General Assembly, public servant, or trustee or employee of the TRS board shall have any interest in the business of TRS while employed/serving and for a period of 5 years following employment/service (starting from July 1, 2017); amend KRS 161.470 to provide that new members of TRS cannot purchase recontributions of refunds and existing members cannot use recontributions of refunds for purposes of determining the date the individual became a member of TRS; amend KRS 161.480, 161.500, 161.507, 161.515, 161.545, 161.5465, 161.547, 161.548, 161.549, and 161.595 to remove certain service purchase provisions for new TRS members effective January 1, 2019; make technical/conforming amendments; amend KRS 161.540 to provide that the employee contribution to fund TRS retiree health benefits for all members shall be increased by the TRS board in 1% of pay increments if the retiree health fund falls below 25% funded, experiences a drop in the funding level for 3 consecutive valuations, or experiences a drop in the funding level of more than 10% over 2 consecutive valuations; amend KRS 161.550 to require TRS employers to pay the full actuarially required contribution rate; provide that for the employer rates payable on or after July 1, 2020, the unfunded liabilities shall be financed using a level dollar amortization method and to prorate unfunded liability payments to each employer based upon the employer's average share of payroll over fiscal years 2015, 2016, and 2017; provide that employer funding requirements shall be determined using the entry age normal cost method; a 5-year asset smoothing method, and assumptions adopted by the TRS board; define "normal cost" and "actuarially accrued unfunded liability contribution," and provide that local school districts shall pay 2% of pay towards the costs of new TRS members retirement benefits; amend KRS 161.568 to prohibit new members, effective January 1, 2019, from transferring service into TRS from an optional defined contribution retirement plan administered by university employers; amend KRS 161.605 to provide that TRS members who retire on or after January 1, 2019, and return to work shall be subject to the amended reemployment after retirement provisions of KRS 61.637; amend KRS 161.620 to provide that TRS members with 20 or more years of service as of July 31, 2018, shall continue to beeligible for a 3% benefit factor for years of service in excess of 30; provide that TRS members with less than 20 years of service as of July 31, 2018, shall be eligible for a 3% benefit factor for years of service in excess of 35 if the member is at least 60 years of age; provide that TRS retirees will receive a 0.75% COLA in lieu of a 1.5% COLA if the pension fund is less than 90% funded as of the most recent valuation for COLAs provided from July 1, 2019, to July 1, 2030; provide that new TRS retirees will receive a 0.75% COLA in lieu of a 1.5% COLA if the pension fund is less than 90% funded as of the most recent valuation for COLAs provided for twelve years following retirement; provide that the TRS COLA provisions do not apply to new members, effective January 1, 2019; amend KRS 161.623 to limit sick leave service credit to the level of sick leave accumulated as of July 31, 2018, for TRS members receiving service credit for accumulated sick leave; provide that agencies who have not elected a TRS sick leave program may not do so on or after August 1, 2018; amend KRS 161.655 to provide that the life insurance benefit from TRS shall not be applicable to new members, effective January 1, 2019; amend KRS 161.661 to conform TRS disability provisions to the plans for new members; amend KRS 161.714 to provide that the TRS "inviolable contract" provisions shall not apply to legislative changes that become effective on or after July 1, 2018 or to new TRS members with the exception of the new member's accumulated account balance; amend KRS 161.400, 161.420, 161.480, 161.520, 161.522, 161.525, 161.580, 161.585, 161.590, 161.600, 161.612, 161.615, 161.630, 161.650, and 161.700 to make technical/conforming TRS amendments; amend KRS 7A.250 to provide that the Public Pension Oversight Board's hiring of an actuary to perform a review of state-retirement system rates is voluntary; make conforming/technical amendments; create a new section of KRS Chapter 18A to establish conflict of interest provisions for Kentucky Public Employees Deferred Compensation Authority (KDC) employees and trustees; provide that no member of the General Assembly, public servant, or trustee or employee of the KDC board shall have any interest in the business of KDC while employed/serving and for a period of 5 years following employment/service (starting from July 1, 2017); amend KRS 11A.010 to make the KDC board subject to the Executive Branch Code of Ethics; amend KRS 18A.245 to make conforming/technical amendments; require the Public Pension Oversight Board (PPOB) to establish an advisory committee to evaluate CERS separation/restructuring of the KRS systems and report recommendations to the PPOB no later than December 1, 2019; provide that line-of-duty death changes to KRS 16.601 are applicable to surviving spouses of hazardous members who died in the line of duty on or after January 1, 2017; provide severability clause.

 

 


     Feb 20, 2018 - introduced in Senate

 

 

     Feb 21, 2018 - to State & Local Government (S)


HOUSE BILL 2 - An Act Relating to Workers' Compensation


http://www.lrc.ky.gov/record/18RS/HB2.htm


This is a bill that is strongly OPPOSED by the FOP and various other First Responder organizations. This bill will severely HURT First Responders 

(Law Enforcement, Firefighters, Emergency Services)


This bill passed the House on Feb 21, 2018 - 55 for & 39 against.

(ALL of the State Representatives for our districts voted for this bill unfortunately!!! - see the vote record here >  VOTE HISTORY )


HB 2/LM (BR 244) - A. Koenig, B. Rowland, M. Castlen, J. DeCesare, T. Herald, D. St. Onge, S. Wells, A. Wuchner

 

 

 

 

 

     AN ACT relating to workers' compensation.      Amend KRS 342.020 to limit the time period of payment of medical expenses for certain permanent partial disabilities to 780 weeks but provide a mechanism to apply for extended benefits; limit the number of drug screens for which the employer will be liable; amend KRS 342.035 to specify circumstances upon which utilization review can be waived; mandate promulgation of treatment guidelines and a pharmaceutical formulary; clarify that a fee shall not be charged when an injured worker requests the initial copy of medical records; amend KRS 342.040 to indicate that interest will not accrue when the delay in payment of benefits was caused by the employee; amend KRS 342.125 to clarify that the four-year period in which to reopen a claim begins on the date of the original order granting or denying benefits and that subsequent orders granting or denying benefits shall not be considered an original order; amend KRS 342.185 to indicate that an application for adjustment of claim for compensation for a cumulative trauma injury must be made within five years of the last injurious exposure to the cumulative trauma; amend KRS 342.270 to require commissioner of Department of Workers' Claims to promulgate regulations establishing procedures for resolution of claims; amend KRS 342.315 to include pulmonary specialist as an examiner; amend KRS 342.316 to change procedure for filing occupational disease claims; amend KRS 342.320 to change calculation of attorney fees and increase limitation on amount of fees; amend KRS 342.610 to indicate that the employee must show that the voluntary introduction of a substance into his or her body that causes a disturbance of mental or physical capacities was not the proximate cause of his or her injury; amend KRS 342.700 to allow the recovery in subrogation of indemnity and medical expenses paid to or on behalf of the employee, less a pro rata share of the employee's legal expenses; amend KRS 342.730 to increase average weekly wage caps; set time limits for total disability benefits paid to certain professional athletes; allow payment of temporary total disability benefits to be offset by gross income minus applicable taxes paid to an employee during a period of light-duty work or work in an alternative job position; provide an offset against temporary total disability benefits for salary continuation or wholly employer-funded disability retirement plans; indicate that benefits shall terminate when a plaintiff reaches age 67 or two years after the date of injury, whichever shall last occur; amend KRS 342.7305 to require employment for a minimum of one year in order to be the responsible employer in a hearing loss claim; amend KRS 342.732 to set forth parameters for retraining; delete provisions of KRS 342.792 requiring the commissioner of Department of Workers' Claims to adopt regulations regarding the "B" reader process; amend KRS 342.794 to require commissioner of Department of Workers' Claims to maintain a list of "B" readers who are pulmonary specialists; amend KRS 342.990 to conform; specify the applicability of substantive changes to claims arising on or after effective date of Act and remedial changes to all claims irrespective of injury date.

 

AMENDMENTS

 

HB 2 (As Introduced)

 

     HFA1/P( J. York ) - Delete original provisions; amend KRS 342.0011 to clarify definition of injury to include psychological injuries for certain employees and define "temporary partial disability"; amend KRS 342.020 to allow for attorney fees in medical disputes; amend KRS 342.035 to set forth certain exceptions to utilization review; amend KRS 342.040 and KRS 342.125 to conform; amend KRS 342.320 to increase amount of attorney fees; amend KRS 342.730 to increase cap on income benefits and increase statutory factors for certain permanent impairment; create a new section of KRS Chapter 342 to set out when the psychological injuries are valid workers' compensation claims when no physical injury exists.

 

 

     HFA2( A. Koenig ) - Amend to indicate that a determination that medical benefits should extend beyond the 780 week period is not limited to an extension of only 104 weeks; amend to indicate that a cancer specified in KRS 61.315(11)(b) shall have a 20 year limitations period.

 

 

     HFA3( J. York ) - Delete original provisions; amend KRS 342.0011 to define "temporary partial disability"; amend KRS 342.020 to allow for attorney fees in medical disputes; amend KRS 342.035 to set forth certain exceptions to utilization review; amend KRS 342.040 and KRS 342.125 to conform; amend KRS 342.316 to indicate that certain types of cancer specified in KRS 61.315(11)(b) shall have a 20 year limitations period; amend KRS 342.320 to increase amount of attorney fees; amend KRS 342.730 to increase cap on income benefits and increase statutory factors for certain permanent impairment.

 

 

 

 

 

     Feb 12, 2018 - introduced in House

 

 

     Feb 13, 2018 - to Economic Development & Workforce Investment (H); posted in committee

 

 

     Feb 15, 2018 - reported favorably, 1st reading, to Calendar

 

 

     Feb 16, 2018 - 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Tuesday, February 20, 2018; floor amendment (1) filed

 

 

     Feb 20, 2018 - 3rd reading; returned to the Orders of the Day; floor amendments (2) and (3) filed

 

 

     Feb 21, 2018 - floor amendment (1) defeated; passed 55-39 with floor amendment (2)

 

 

     Feb 22, 2018 - received in Senate.  




HOUSE BILL 185 - Line of Duty Death Benefits




http://www.lrc.ky.gov/record/18RS/HB185.htm


This is a bill that is STRONGLY supported by the FOP. There are currently loop holes for the families of officers dying in the line of duty whereas surviving family is not receiving the Line of Duty Death benefits or reduced benefits. 


HB 185 / AA/FN (BR 1005) - J. Blanton, M. Cantrell, J. Carney, J. Donohue, K. Flood, C. Fugate, A. Gentry, D. Hale, M. Hart, R. Huff, J. Jenkins, K. Moser, R. Nelson, J. Nemes, R. Palumbo, M. Prunty, J. Richards, S. Santoro, J. Sims Jr, R. Webber, S. Westrom, A. Wuchner


     AN ACT relating to death-in-line-of-duty benefits and declaring an emergency.

 

 

                Amend KRS 16.505 to include in the definition of "dependent child," solely as it applies to a member who dies as a direct result of an act in line of duty or a duty-related injury, a disabled child of any age; define "monthly average pay" to mean the higher of a member's final rate of pay or average monthly creditable compensation earned during the deceased member's last 12 months of employment; amend KRS 16.601 and 61.621 to increase minimum act in line of duty or duty-related death benefits payable to the surviving spouse of a member of any of the systems administered by the Kentucky Retirement Systems from 25% to 75% of the deceased member's monthly average pay and, if there is no surviving spouse, to the dependent children at the rate of 50% for one dependent child, 65% for two dependent children, and 75% for three or more dependent children; amend KRS 61.510 to define "monthly average pay"; amend KRS 61.542 to provide that the surviving spouse shall supersede all previously designated beneficiaries in the case of line-of-duty death benefits payable from the systems administered by the Kentucky Retirement Systems unless the member files a valid beneficiary designation form after marriage to his or her spouse; amend KRS 61.702 to ensure full and timely hospital and medical insurance benefits for the spouse and dependents of a member who died as a direct result of an act in line of duty or duty-related injury; amend KRS 78.510 to define "monthly average pay"; provide that an eligible surviving spouse of a member who died as a result of an act line of duty or duty-related injury prior to the effective date of the Act shall receive the increased line of duty or duty-related death benefits; provide that a surviving spouse of a hazardous duty member who died as a result of an act in line of duty on or after January 1, 2017, who was ineligible for the minimum monthly death benefits because he or she was not named beneficiary shall be eligible for the benefits provided by this Act; EMERGENCY.

 

 


     Jan 11, 2018 - introduced in House

 

 

     Jan 17, 2018 - to Appropriations & Revenue (H)