SB 49 — AN ACT relating to home and community based services waiver providers.

UNOFFICIALCHAPTER COPY153 211 RSCHAPTER 153 ( SB 49/VO49 ) AN ACT relating to home and community based services waiver providers.

For the purposes of calculating hourly wage rates for unscheduled overtime for professional firefighters, as defined in Page 1 of 12 SB004990.100 - 961 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 49/VO KRS 95A.210(9), "wages" shall include the distribution to qualified professional firefighters by local governments of supplements received from the Firefighters Foundation Program Fund;

Any individual employed in a bona fide executive, administrative, supervisory, or professional capacity, or in the capacity of outside salesman, or as an outside collector as the terms are defined by Page 2 of 12 SB004990.100 - 961 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 49/VO administrative regulations of the commissioner;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 4.

Any individual subject to the provisions of KRS Chapters 7, 16, 27A, Page 3 of 12 SB004990.100 - 961 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 49/VO 30A, and 18A provided that the secretary of the Personnel Cabinet shall have the authority to prescribe by administrative regulation those emergency employees, or others, who shall receive overtime pay rates necessary for the efficient operation of government and the protection of affected employees;

Any individual whose function is to provide behavior support services, Page 4 of 12 SB004990.100 - 961 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 49/VO behavior programming services, case management services, community living support services, positive behavior support services, or respite services through a contractual relationship with a certified waiver provider, as defined in 907 KAR 7:005 sec.

and CHAPTER 153 3 (e) "U.S.C." means the United States Code.

(2) Any person employed, for not exceeding twenty (20) consecutive work days, to do maintenance, repair, remodeling, or similar work in or about the private home of the employer, or if the employer has no other employees subject to this chapter, in or Page 5 of 12 SB004990.100 - 961 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 49/VO about the premises where that employer carries on his or her trade, business, or profession;

(4) Any person for whom a rule of liability for injury or death is provided by the laws of the United States, except those persons covered under Title IV, Public Law 91-91-173, 173, 91st Congress, commonly referred to as the Black Lung Benefits of the Federal Coal Mine Health and Safety Act of 1969, or as amended;

(9) Any licensed or unlicensed, commissioned, ordained or unordained, or lay minister of religion who has no set oral or written agreement with a church or religious organization to receive a fixed regular payment for services provided to the church Page 6 of 12 SB004990.100 - 961 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 49/VO or who works no more than ten (10) hours per week;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (2) Domestic service in a private home, a local college club, or local chapter of a college fraternity or sorority, but only if the service is not defined as "covered employment" in paragraphs (g) and (h) of subsection (1) of KRS 341.050;

Page 7 of 12 SB004990.100 - 961 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 49/VO (3) Service in the employ of an organization described in paragraph (e) of subsection (1) of KRS 341.050, but only if the service is not defined as "covered employment" in paragraphs (e) and (h) of subsection (1) of KRS 341.050;

(5) Except as provided in paragraph (d) of subsection (1) of KRS 341.050, service performed in the employ of any other state or any political subdivision thereof, or of the United States government or an instrumentality of the United States exempt by federal law from the contributions imposed by this chapter, except that to the extent that the Congress of the United States shall permit states to require instrumentalities of the United States to make payments into an unemployment fund under a state unemployment insurance law, all the provisions of this chapter shall be applicable to such instrumentalities, and to services performed for such instrumentalities, in the same manner, to the same extent and on the same terms as to all other Page 8 of 12 SB004990.100 - 961 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 49/VO employing units, individuals and services;

and (b) The secretary finds that the United States Secretary of State has certified to the United States Secretary of the Treasury that the foreign government, with respect to whose instrumentality exemption is claimed, grants an equivalent exemption with respect to similar service performed in the foreign country by Page 9 of 12 SB004990.100 - 961 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 49/VO employees of the United States government and of instrumentalities thereof;

CHAPTER 153 5 (10) Service performed by a worker for an employing unit as an insurance agent or as an insurance solicitor, if all such service performed by such worker for such employing unit is performed for remuneration solely by way of commission;

(13) Service performed in any calendar quarter in the employ of any organization exempt from income tax under Section 501(a) of the Internal Revenue Code, other than an Page 10 of 12 SB004990.100 - 961 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 49/VO organization described in Section 401(a), or under Section 521 of the Internal Revenue Code, if the remuneration for the service is less than fifty dollars ($50);

Page 11 of 12 SB004990.100 - 961 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 RS SB 49/VO (18) Service performed in the employ of a hospital, if the service is performed by a patient of the hospital, as defined in KRS 341.067;

or in a custodial or penal institution by an inmate of such institution;[ or] Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (21) Service performed by a direct seller as defined in Section 3508(b)(2) of the Internal Revenue Code of 1986;

PageVeto 12overridden ofMarch 1229, SB004990.1002021. - 961 - XXXX Vetoed and Overriden