Kentucky

Declare Kentucky to be a Food is Medicine state and direct state agencies to advance Food is Medicine initiatives.

Direct the Legislative Research Commission to procure a vendor to conduct a feasibility study for an Accountable Communities for Health Medicaid delivery model pilot project; require the results of the study to be submitted to the Legislative Research Commission by November 1, 2026; strongly encourage the Legislative Research Commission to begin the procurement process immediately upon the adoption of this Resolution; establish that a pilot project resulting from the feasibility study shall be known as the 20 by 30 Accountable Care Pilot Project.

Amend KRS 165A.310 to exclude institutions licensed or approved by the Kentucky Board of Emergency Medical Services from the definition of "proprietary school" under the Kentucky Commission for Proprietary Education; amend KRS 311A.020 to specify that the Kentucky Board of Emergency Medical Services has authority to oversee the licensure and relicensure of emergency medical services training or educational institutions; amend KRS 311A.015, 311A.024, 311A.025, 311A.030, and 164.945 to conform.

Amend KRS 72.450 to allow a coroner who is in possession of an unclaimed dead body to have the body buried or cremated; direct that the decision between burial or cremation be made by the governmental entity bearing the expense; require a coroner to be consulted before a government entity decides if an unclaimed dead body is required to be buried or cremated; establish that if Jewish descent is known, that the Chabad of the Bluegrass, or any successor entity, be contacted by the appropriate government entity to inquire if the Chabad of the Bluegrass wants to pay for the burial expense, or if known to be a member of a religious community, the appropriate government entity contact any such religious community that has expressed, in writing, a willingness to the local county coroner that it will pay for, or otherwise provide, the burial expense of the community's members.

Amend KRS 39A.050 to require the Division of Emergency Management to institute and maintain the Kentucky Qualification System; EMERGENCY.

Amend KRS 69.010 to change the time period that a city has to provide for the sale of a new franchise before the expiration of the current utility franchise from 18 months to 6 months.

Amend KRS 160.145, relating to unauthorized electronic communicating in schools, to expand existing definitions and define "private electronic communication," "qualified school volunteer," and "commercial, nonprofit, or local government affiliation"; limit the scope of unauthorized electronic communication to private electronic communication, and exclude designated types of communication from the scope of the requirement to obtain written parental consent prior to communicating outside of the traceable communication system; include designated Kentucky Department of Education and educational cooperative employees assigned to a school district to the scope of the requirement to obtain written consent; limit the scope of school volunteers subject to this section to qualified school volunteers; specify that the requirement to obtain written parental consent only applies to students enrolled within the same school district as the school district employee or qualified school volunteer; allow a local school district more flexibility in disciplinary actions arising from a violation of this section; allow a written parental consent form to designate more than 1 school district employee or qualified school volunteer; provide that the written consent may be revoked by the parent who filed the consent; require notice of the revocation to be sent to the identified school district employee or qualified school volunteer; prohibit a school or school district from refusing to accept parental consent forms; prohibit requiring parental consent forms under this section as a requirement for a student to participate in an academic, athletic, or extracurricular opportunity; provide an emergency exception to allow a school district employee or qualified school volunteer to communicate electronically without prior written parental consent if the individual discloses the communication after the fact; provide exceptions to allow a school district employee or qualified school volunteer to communicate electronically without prior written parental consent during and in direct relation to a fieldtrip or work-based learning opportunity; provide exceptions to permit a school district employee or qualified school volunteer to communicate electronically without prior written parental consent if the communication is directly related to a commercial, nonprofit, or local government affiliation that has been previously disclosed; permit school district employees to notify a school district of a commercial, nonprofit, or local government affiliation; require reasonable belief to trigger a duty to report unauthorized electronic communication; require parental notification for all material phases of an investigation of or disciplinary actions arising from unauthorized electronic communication with students; permit a school district to reconsider allowing previously prohibited volunteers; EMERGENCY.

Amend KRS 190.058 to establish the motor vehicle commission fund; direct all license fees collected under KRS Chapter 190 to be deposited into the fund; set forth uses of the fund; provide that fund amounts not expended at the end of a fiscal year not lapse but instead be carried forward to the next fiscal year.

Amend KRS 391.010 to specify the share of the surviving spouse in real property in an intestate estate; amend KRS 392.020 to identify surplus personalty and surplus real estate and the share of the surviving spouse to surplus personalty and surplus real estate in an intestate estate; amend KRS 394.300 to set the period of time a county clerk is required to hold a recorded will and to whom the will shall be returned upon expiration of the time period; amend various sections of KRS Chapter 395 to establish requirements for appointment as a fiduciary, confidentiality protections of assets of an estate, and when a hearing for appointment may be waived; amend various sections of KRS Chapter 395 to establish a written declaration under penalty of perjury in lieu of a sworn oath when accepted by the court; amend KRS 395.130 to establish that no bond shall be required of a personal representative unless a surety bond is ordered by the court or required by statute; amend various sections of KRS Chapter 395 to set the requirements for filing an inventory, including penalties for failure to timely comply with the statutory requirements; amend KRS 395.255 to require the clerk of the court to report to the judge on a monthly basis all filings that are not timely filed; amend KRS 395.380, 395.390, and 395.400 to change requirements for the appointment of a public administrator or guardian; remove the sheriff as a public administrator; amend various sections of KRS Chapter 395 to establish procedures to dispense with administration of testate and intestate estates; amend various sections of KRS Chapter 395 to establish procedures for the filing of periodic and final settlements; amend KRS 395.990 to increase the penalty from $10 to $100 for a fiduciary failing to file an inventory or account; amend KRS 199.520 to deem a child of adoption to be a child of the petitioners for purposes of inheritance and succession if the child was adopted and resided with the petitioners prior to the age of 18; amend KRS 140.070 and 140.080 to identify Class A and Class B beneficiaries for purposes of inheritance tax and provide exemptions; amend KRS 64.012 to establish a flat fee of $33 for the recording of a will or other probate document or a court-ordered name change with the county clerk; amend KRS 142.010 to establish a tax of $4 for each recorded will to be collected by the clerk of the court and paid to the county clerk; amend KRS 401.040 to authorize the clerk of the court to collect the fee on behalf of the county clerk for filing a name change order; create a new section of KRS Chapter 186A to set a procedure for the transfer of a motor vehicle upon death; amend KRS 138.470 to include the transfer on death of a motor vehicle as an exemption from the tax imposed by KRS 138.460; create new sections of KRS Chapter 394 to enact the Uniform Electronic Wills Act; define terms; establish the applicability of electronic wills; address the effect of a will electronically executed in another jurisdiction; establish requirements for executing and revoking an electronic will; address records that are not executed in compliance with the requirements for an electronic will; provide requirements for an electronic will to be self-proving; allow for certified paper copies of an electronic will; create new sections of KRS Chapter 394 to enact the Uniform Electronic Estate Planning Documents Act; define terms; establish that a nontestamentary estate planning document or a signature on a nontestamentary estate planning document may not be denied legal effect or enforceability solely because it is in electronic form; provide that an electronic record of a document satisfies a requirement for a nontestamentary estate planning document to be in writing; establish notarization, acknowledgment, and verification requirements; create new sections of KRS Chapter 386 to enact the Kentucky Qualified Dispositions in Trust Act; define terms; establish requirements for qualified affidavit; prohibit claims by creditors against property subject to a qualified disposition to a qualified trust except under limited circumstances; provide that limitations on actions by creditors do not apply to past due child support, past due maintenance to a spouse or former spouse, or a written agreement, judgment, or order of a court for division of marital property of a spouse or former spouse; limit powers and rights of transferor to those conferred by the qualified trust; establish rules for avoiding a qualified disposition to a qualified trust; address rights of trustee and beneficiary when a qualified disposition has been avoided; provide that a spendthrift provision acts as a restriction on the transferor's beneficial interest in the trust under law other than bankruptcy law; enumerate persons who may not act as a qualified trustee; allow a transferor to appoint trust advisors; provide for the appointment of a successor trustee in certain circumstances; provide that the inclusion of certain provisions in the qualified trust instrument does not deem the trust to be revocable; specify application to trusts and dispositions of property on or after effective date of Act; establish a new subchapter of KRS Chapter 386B and create new sections to enact the Uniform Directed Trust Act; define terms; establish that the Act does not apply to powers of appointment; subject trust directors to same rules, liabilities, and fiduciary duties as trustees; enumerate powers of trust director and responsibilities of trustee in a trust under direction; provide for liability of trust director for breach of trust; time limitation for breach of trust action; require communication of information between trustees and trust directors; establish a new subchapter of KRS Chapter 386B and create new sections to enact the Uniform Trust Decanting Act; define terms; applicability of provisions; require fiduciaries to act in accordance with fiduciary duties in exercising trust decanting power; specify notice requirements prior to exercise of the decanting power; address authority to represent and bind or another person under a first-trust instrument; allow court intervention in disputes regarding the exercise of the decanting power; require an exercise of the decanting power to be made in a record signed by an authorized fiduciary; allow an authorized fiduciary with expanded distributive discretion over the principal of a first trust to exercise decanting power over the principal of the first trust; specify trust provisions and actions permissible when property is decanted to a second trust by such a fiduciary; allow an authorized fiduciary with limited distributive discretion over the principal of a first trust to exercising decanting power over the principal of the first trust; specify trust provisions and actions permissible when property is decanted to a second trust by such a fiduciary; establish rules for decanting to a special needs trust; establish rules to protect charitable trust interests; provide for limitations on decanting power through restrictions in a first-trust instrument; prohibit decanting to a second trust to increase fiduciary compensation unless beneficiaries of the second trust agree to the increase or it is approved by a court; address fiduciary compensation and liability in a second-trust instrument; provide for limitations on authority of authorized fiduciary to exercise decanting power to modify provisions relating to removal or replacement of the fiduciary; set limitations for exercise of the decanting power with respect to transfers of property affecting tax liability; specify requirements for duration of a second trust; allow authorized fiduciary to exercise decanting power regardless of whether the fiduciary could have made or would have been compelled to make a discretionary distribution under discretionary distribution standard of the first trust; provide for circumstances where decanting power is effective even if second trust does not comply in part with the provisions of the Act; provide for decanting powers to an animal trust; establish rules for disposition of later-discovered property; provide that obligations enforceable against first trust are enforceable to same extent against second trust; require provisions to be applied and construed so as to promote uniformity among states; conform to federal requirements related to electronic signatures and records; amend various sections of the Kentucky Revised Statutes to conform; repeal KRS 395.635, relating to certification of list of delinquent fiduciaries; repeal KRS 386B.8-080, relating to a settlor's power to direct a trust; repeal KRS 386.175, relating to second trusts; establish short titles.

Amend various sections of KRS Chapter 313 to amend terms; require the Kentucky Board of Dentistry to affiliate with all testing qualifying examinations for licensure; require the board to purchase liability insurance for board and staff against acts performed in good faith; permit the board to designate trust and agency account funds for scholarships or education loan repayment assistance; add the National Commission on Recognition of Dental Specialties and Certifying Boards for recognizing licensure of specialists; require rather than permit minimum classification licensure of dental hygienists; clarify how a dental hygienist shall operate in a dental practice; amend conditions for providing dental hygienist services; amend services provided by dental assistants; amend provisions relating to radiography; allow for consent by legal representative during telehealth sessions; amend license and registration restrictions related to licensure and ownership titles; allow the Law Enforcement Committee to offer an agreed order during complaint investigations; permit the Well-being Committee to enter into contractual agreements; direct employment provisions for dental laboratories operating or doing business in Kentucky; create a new section of KRS Chapter 313 to establish controls over clinical settings by licensed dentists; prohibit establishing reimbursement rates by a dental practice entity; permit entities controlling a dental practice under a contract to continue exercising control; prohibit new or expanded entities; make technical corrections and remove outdated language; create a new section of KRS Chapter 313 the chapter may be cited as the Kentucky Dental Practice Act.

Appropriate funds for the payment of claims against the Commonwealth; APPROPRIATION; EMERGENCY.

Amend KRS 367.220 to require written notice from a consumer to a prospective defendant 60 days before initiating a civil action; require giving of notice to toll the statute of limitations; make failure to give notice result in dismissal of a filed claim without prejudice; amend KRS 189.125 to declare failure to wear a safety restraint or wear a restraint properly to be admissible as it may relate to fault only upon a showing that the failure was a substantial factor in any injury claimed; amend KRS 304.12-230 to limit the committing of unfair claims settlement practices to insurers; prohibit that a claim from being brought by a third-party claimant; require any assignment of a claim against an insurer to be void; create a new section of Subtitle 40 of KRS Chapter 304 to establish limitations on information and testimony regarding professional liability insurance in a civil action; amend KRS 364.130 to define terms; establish liability protections for a utility that removes timber of a property owner when done with permission or in good faith and establish damages for violations; create new sections of KRS Chapter 411 to define terms; require acceptance of a project by a contracting entity to create a rebuttable presumption of compliance with specifications and not to give rise to a finding of liability except under specified circumstances; establish requirements for the initiating pleading against a contracting entity or contractor and allow failure to comply to result in a dismissal of the action; establish requirements for a claim against a contractor by a noncontractual third party; create a new section of KRS Chapter 411 to establish prelitigation notice of a potential claim for medical malpractice or health care liability claims; establish method of providing required notice and the effect of compliance on the applicable statute of limitations; amend KRS 411.167 to require a written medical opinion before commencement of an action under the statute; establish an award of costs and fees upon a finding of noncompliance; amend KRS 411.182 to prohibit a claimant who is more than 50% responsible for the injury or damages claimed from being entitled to recovery; establish evidentiary basis for award of medical expenses; establish apportionment provisions for a nonparty or party entitled to immunity; amend KRS 413.140 to establish notice requirement prior to initiating cause of action for personal injury; amend KRS 422.317 to set costs associated with request for medical records; amend KRS 304.45-110 to conform; repeal KRS 304.12-220, relating to the definition of "person."

Create a new section of KRS Chapter 519 to define terms; establish the crime of impeding a first responder.

Amend KRS 278.264 to provide that the Public Service Commission maintains its authority to approve a utility's right to record and seek, prior to retirement authorization, the recovery of any electric generating unit's decommissioning, removal and salvage costs, and depreciation expenses through rates over the unit's estimated depreciable life.

Amend KRS 286.9-140 to require the commissioner of the Department of Financial Institutions to impose a $3 fee per deferred deposit transaction for data required to be submitted by a deferred deposit service business licensee; direct that the Act applies to deferred deposit transactions entered or or after the effective date of the Act.

Amend KRS 158.854 to define “student-based enterprise”; authorize local school boards to permit student-based enterprises within their district to sell competitive foods throughout the school day; authorize local school boards to establish policies regarding the operation of and revenue generated by student-based enterprises; amend KRS 165.160 to exempt student-based enterprises from the penalties.

Create new sections of Subchapter 50 of KRS Chapter 224 to define terms; prohibit the disposal of covered batteries in solid waste disposal or recycling containers; require the Energy and Environment Cabinet to establish the Covered Battery Stewardship Program; provide for the purposes of the program, including fostering the creation of voluntary battery stewardship organizations; provide for the collaboration with stakeholders in establishing the Covered Battery Stewardship Program; require the cabinet to maintain on its website a list of covered battery collection sites and contact information for transporters of covered batteries; establish the registration process and requirements for voluntary battery stewardship organizations; establish minimum requirements for voluntary battery stewardship plans to be submitted to the cabinet for approval; require each voluntary battery stewardship organization to submit an annual report to the cabinet detailing its covered battery collection, recovery, and educational outreach efforts beginning June 30, 2027.

Create a new section of KRS Chapter 335B to require the licensing authorities of healthcare occupations to collect workforce participation data during the annual, biennial, or triennial licensure renewal process; prohibit the collection of a licensee's Social Security number; allow licensees to decline to allow the sharing of his or her data; require licensing authorities to report collected data to the Cabinet for Health and Family Services; create a new section of KRS 335.300 to 335.399 to authorize the board to grant licensure to an applicant who holds an active license from another state to practice as an independent marriage and family therapist; create a new section of KRS Chapter 335.300 to 335.399 to require the board to notify an applicant of any technical error in any licensure, permit, renewal, or reinstatement application within 1 week of its discovery; provide the applicant 2 weeks to correct the error; require the board to review the correction within 1 week of the submitted correction; EFFECTIVE, in part, January 1, 2028.

Create a new section of KRS Chapter 109 to prohibit the imposition of fees or permitting requirements on a solid waste management facility that is handling solid waste that was generated outside of the county or waste management district where the solid waste management facility is located, by the county or waste management district where solid waste was generated.

Amend KRS 150.170 to exempt a bona fide private landowner from any fishing restrictions imposed in KRS Chapter 150 or the administrative regulations promulgated thereunder relating to creel, possession, size, or method of take; allow a private landowner to extend the same rights and privileges relating to fishing in lakes or ponds located on the landowner's property to any person in written or electronic form; allow the stocking of certain largemouth bass in private lakes and ponds without restriction; exempt a bona fide private landowner from any lake or pond stocking restrictions except with regard to prohibitions on the stocking of invasive fish.

Amend KRS 311.380 to define "physician assistant," “podiatric assistant,” “podiatric residency,” “podiatric resident,” podiatric supervision," and "supervising podiatrist"; amend KRS 311.400 to add the scope of practice for podiatric residents and podiatric assistants; amend KRS 311.410 to conform; amend KRS 311.420 to add qualifications to acquire a license to practice podiatry; permit the board to promulgate administrative regulations for licensure of podiatric assistants and podiatric residents, podiatric residency licenses, and the approval and regulation of podiatric supervision of physician assistants; amend KRS 311.480 to include podiatric resident and podiatric assistant licenses to the licenses the Board of Podiatry can deny, refuse to renew, suspend, place on probation, or revoke; amend KRS 311.840 to define "podiatric supervision" and "supervising podiatrist"; create a new section of KRS 311.840 to 311.862 to establish requirements for podiatrists to supervise physician assistants; amend KRS 218B.010 to add podiatrist to the definition of "medicinal cannabis practitioner"; add the State Board of Podiatry to the definition of "state licensing board"; amend KRS 218B.050 to add podiatrist to those required to apply to the same state licensing board that issued his or her license for authorization to provide written certifications for the use of medicinal cannabis; amend KRS 218B.145 to add the State Board of Podiatry to those to be notified of qualifying medical conditions; amend KRS 311.450, 311.460, 311.470, and 311.475 to make technical changes; amend KRS 311.390, 311.490, 311.495, and 311.990 to conform.

Create a new section of KRS Chapter 211 to require the Cabinet for Health and Family Services to employ a health professional as a statewide sexual assault nurse examiner (SANE) coordinator; establish requirements for the description, essential duties, and responsibilities of the SANE coordinator position; require the cabinet to collaborate with others to develop a statewide strategic plan that utilizes a regional model to ensure SANE coverage for all Kentucky hospitals; require the cabinet to develop a state registry of SANEs that is accessible from the cabinet's website by December 1, 2026; amend KRS 314.142 to require the board to notify newly registered SANEs of the state SANE registry on the cabinet's website.

Create a new section of KRS 438.305 to 438.350 to establish application form requirements for a tobacco, nicotine, or vapor product license; prohibit the Department of Alcoholic Beverage Control from establishing any additional licensure requirements beyond those prescribed in statute; require the department to publish and maintain on its website the components required for a tobacco, nicotine, or vapor product license; amend various sections of KRS 438.305 to 438.350 to require the Secretary of State to notify retailers that a tobacco, nicotine, or vapor product license is required to sell authorized nicotine vapor products; establish application requirements for a tobacco, nicotine, or vapor product license; require the department to publish the application form on its website within 30 days of the effective date of this Act; require the licensing fee to be refunded to the applicant if a license is not issued; require a licensure renewal form and a licensing fee to be remitted to the department upon the renewal of a tobacco, nicotine, or vapor product license; define "batch license"; allow a retailer with a license issued by the department under KRS Chapter 243 to renew a tobacco, nicotine, or vapor product license on the date of its next renewal; allow an applicant or licensee to batch license using a singular application or renewal form; allow a licensee to batch license on the date of its next alcohol licensure renewal or 1 year from the date of issuance of its tobacco, nicotine, or vapor product license; require an applicant or licensee who chooses to batch license to multiply the licensure fee by the number of locations to be licensed or premises to be renewed; require the department to establish a singular application and renewal form for a batch license; allow the department to require a supplemental form for batch licensing if an alcohol license requires further information; grant a grace period to applicants for any error identified in an application by the department; establish requirements for a change of ownership; establish grounds for denial of an application; require the department to promulgate administrative regulations relating to tobacco, nicotine, and vapor licensing within 30 days of the effective date of this Act; repeal KRS 438.3065, which establishes transitional licensing; prohibit this Act from delaying enforcement; require any retailer selling tobacco, nicotine, or vapor products in Kentucky that does not currently hold a license to remit the initial application form and licensing fee within 60 days of the effective date of this Act; credit a licensee's 2025 licensing fee to the licensee's upcoming licensing fee payment for 2026; RETROACTIVE, in part, to January 1, 2026; EMERGENCY.

Amend KRS 91A.020 to allow cities bringing in or expending less than $15 million to conform to cash, modified accrual, or budgetary basis of accounting rather than generally accepted governmental accounting principles; amend KRS 91A.040 to allow cities bringing in or expending less than $500,000 to perform an agreed-upon procedures engagement for the fifth fiscal year in which the city remains in that fiscal category, and require cities conducting an audit to contract with an auditor to examine the basic financial statements that include financial statements prepared under the basis of accounting used by the city; require each city to publish an advertisement containing a budget-to-actual comparison schedule for the general fund and remove the publication requirement for copies be available at no cost; require the city to make a copy of the audit report available to the Auditor of Public Accounts; amend KRS 424.220 to make conforming amendments and require a city to publish a financial statement within 30, rather than 90 days after submission to the Department for Local Government; exempt from the publication requirements officers of cities that have completed an audit under KRS 91A.040 and cities that have completed an agreed-upon procedures engagement; create a new section of KRS Chapter 91A to allow cities to complete an agreed-upon procedures engagement with the Auditor of Public Accounts or a certified public accountant rather than an audit if the city meets certain requirements; establish standards for the agreed-upon procedures engagement process; establish reporting, advertising and access requirements; direct that the Department for Local Government may permit a city to use this process under certain circumstances when the city has not completed and reported an audit for 2 or more fiscal years.

Create a new section of KRS Chapter 299 to establish procedures and authorization by the commissioner of insurance for the voluntary dissolution of certain companies transacting the business of insurance upon the cooperative or assessment plan; amend KRS 304.50-010 to prohibit the commissioner from authorizing additional workers' compensation self-insured groups on and after the effective date of the Act; amend KRS 342.350 to conform.