AN ACT relating to educational opportunities and making an appropriation therefor.
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HB 9 — AN ACT relating to educational opportunities and making an appropriation therefor.
Last action — delivered to Secretary of State (Acts Ch. 213)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 01, 2022. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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5 sponsors
5 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Mixed recorded votes
4 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amend KRS 160.1590 to include definitions for "district of location", "private postsecondary institution", "proportionate per pupil basis", "proportionate per pupil transported basis"; change the definition of "authorizer" to include public and private postsecondary institution, the Kentucky Public Charter School Commission, the Kentucky Board of Education, and certain nonprofit entities; remove definitions for "achievement academy", "regional achievement academy", "regional achievement zone", and "start-up public charter school; amend KRS 160.1591 to allow nonresident enrollment, allow enrollment lottery to consider siblings, and remove regional achievement zones; amend KRS 160.1592 to require public charter schools to record student enrollment and attendance data in a manner necessary to participate in the Support Education Excellence in Kentucky (SEEK) fund; amend KRS 160.1593 to require public charter school applications to outline resident and nonresident enrollment policies, explain how the schoolâs proposed education program will serve students with individualized education programs or provide career readiness education opportunities, and require a memorandum of understanding with the district of location if the district has a total student enrollment of 5,000 or less; amend KRS 160.1594 to require any authorizer to establish an annual timeline for the application process, allow authorizers to give preference to applications that provide career readiness education opportunities, change the application process to allow for seeking an extension for curing deficiencies identified by the authorizer, and make changes to the review process; amend KRS 160.1595 to allow appeals to the Kentucky Public Charter School Commission in addition to the Kentucky Board of Education, require either to provide technical assistance to a charter applicant upon request, and modify appellate procedures; amend KRS 160.1596 to establish public charter schools as schools within an authorizing district for state and local funding purposes, establish public charter schools as local education agencies for federal funding purposes, establish terms for students enrolled in a public charter school to be included in the average daily attendance and transportation calculations of the district of location, establish a calculation to identify the amount of funding for a district of location to transfer to public charter schools, require public charter schools to provide services if funding received is tied to providing a service, establish how funding a collaborative's public charter school shall be determined, establish how data will be developed to provide funding during the public charter school's first year of operation, provide a transfer mechanism with authorizer fees and penalty provisions, determine how the Kentucky Board of Education shall develop a schedule for the transfer of funds, make public charter schools eligible for federal and state grants, require the commissioner of education to apply for all federal funding that supports charter school initiatives, determine the distribution of public charter school assets upon closure, and authorize the Kentucky Board of Education to promulgate regulations for the calculation and distribution of funds to public charter schools; amend KRS 160.1597 to permit a charter contract to range from 5 to 7 years; amend KRS 160.1598 and 160.1599 to conform; amend KRS 161.141 to require a public charter school participate in the state-sponsored health insurance program, require any on behalf payment made by the state for local public employees or school district employees also be made for public charter school employees, require public charter schools to make employer contributions to retirement systems in the same manner as school districts, limit the accrual to sick leave credit for public charter school employees to the same limits as the authorizing district, and require employees of education service providers to have the same certifications and background checks as public charter school employees; create a new section of KRS 160.1590 to 160.1599 to establish the Kentucky Public Charter School Commission and its composition, authority, and operations; amend KRS 18.225, 161.220, and 78.510 to conform; provide that any provision of this Act is severable; establish the General Assemblyâs intent that if KRS 141.500 to 141.901 is held unconstitutional due to the provisions of KRS 141.504, then the remedy should be to make those provisions applicable to all counties; APPROPRIATION; EMERGENCY.
Bill Text
What changed in the latest version
1765 added · 2394 removedPlain-language change summary
The amendment to Bill HB 9 removes the definition of "achievement academy" as synonymous with "public charter school." This change clarifies that the term "achievement academy" is no longer used in the context of this legislation, simplifying the language and focusing on the concept of public charter schools. This matters because it helps eliminate potential confusion and ensures that the bill centers on established definitions related to charter schools and their regulation.
UNOFFICIALCHAPTER COPY213 221 RSCHAPTER 213 ( HB 9/VO9 ) AN ACT relating to educational opportunities and making an appropriation therefor.
(8) "Education service provider" means an education management organization, school Page 1 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO design provider, or any other partner entity with which a public charter school contracts for educational design, implementation, or comprehensive management;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d) Is established and operating under the terms of a charter contract between the public charter school's board of directors and its authorizer;
Page 2 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO (f) Is a public school that admits students on the basis of a random and open lottery if more students apply for admission than can be accommodated;
and (d) The chief executive officer of an urban-county government, who shall be considered an authorizer governing board for the purposes of KRS 160.1590 to 160.1599 and who may only authorize public charter schools to be physically located within the county in which the city is located and who Page 3 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO has submitted a written notice to the state board that he or she intends to serve as an authorizer;
and Page 4 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO (d) The demand exists for high-quality public charter schools in the Commonwealth.
CHAPTER 213 3 (2) The General Assembly hereby establishes a public charter school project to benefit parents, teachers, and community members by creating new, innovative, and more flexible ways of educating all children within the public school system and by advancing a renewed commitment to the mission, goals, and diversity of public education.
If the Page 5 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO number of students enrolled does not exceed the capacity of the school, secondary preference shall be given to students who reside within the district boundary in which the public charter school is located.
A regional achievement academy may be authorized by a single local school board within the regional achievement zone or by a collaborative Page 6 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO of local school boards within the regional achievement zone.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 3.
(b) Be established and operate in pursuit of a specific set of educational objectives as defined in the charter contract between the school's board of directors and Page 7 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO its authorizer;
(l) Comply with purchasing requirements and limitations under KRS Chapter 45A and KRS 156.074 and 156.480, or provide to the public charter school board of directors a detailed monthly report of school purchases over ten thousand dollars ($10,000), including but not limited to curriculum, furniture, Page 8 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO and technology;
CHAPTER 213 5 (p) As a public body corporate, have all the powers necessary for carrying out the terms of its charter contract, including the power to:
Employ or contract with other entities for the provision of teaching, professional, and support staff, as needed;[ and] (q) Conduct an admissions lottery if capacity is insufficient to enroll all students who wish to attend the school and ensure that every student has a fair Page 9 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO opportunity to be considered in the lottery and that the lottery is competently conducted, equitable, randomized, transparent, impartial, and in accordance with targeted student population and service community as identified in KRS 160.1593(3) so that students are accepted in a public charter school without regard to ethnicity, national origin, religion, sex, income level, disabling condition, proficiency in the English language, or academic or athletic ability;
(b) The board of directors of a public charter school shall consist of a minimum of two (2) parents of students attending any public charter school operating Page 10 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO under the direction of the board of directors.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Each public charter school under contract with a board of directors shall be separate and distinct from any other public charter school under contract with the board of directors.
(12) (a) A public charter school may negotiate and contract with its authorizer or any Page 11 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO third party for the use, operation, and maintenance of a building and grounds, liability insurance, and the provision of any service, activity, or undertaking that the public charter school is required to perform in order to carry out the educational program described in its charter.
(b) Any entity contracted to provide educational services or goods to a public charter school in an amount exceeding ten thousand dollars ($10,000) shall be subject to the Open Records Act under KRS Chapter 61 for all records associated with the public charter school contract.
(15) A public charter school shall not discriminate against any student, employee, or any Page 12 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO other person on the basis of ethnicity, religion, national origin, sex, disability, special needs, athletic ability, academic ability, or any other ground that would be unlawful if done by a public school.
CHAPTER 213 7 (c) If a public charter school sponsors interscholastic athletic activities, students Page 13 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO enrolled in the public charter school shall be considered eligible to participate in interscholastic competitions by the Kentucky Board of Education or the agency designated by the state board to manage interscholastic athletics, if other eligibility requirements are met.
(19) Nothing in this section shall be construed to prevent the establishment of a single-single-sex sex public charter school consistent with federal regulations or a public charter school designed to provide expanded learning opportunities for students at risk of academic failure or for students with special needs.
(21) If a student who was previously enrolled in a public charter school enrolls in another public school located within the state, the new school shall accept any Page 14 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO credits earned and grades received by the student in courses or instructional programs while enrolled in the public charter school in a uniform and consistent manner and according to the same criteria that are used to accept credits from other public schools.
(a) A mission statement and a vision statement for the public charter school, including the targeted student population and the community the school hopes Page 15 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO to serve, and shall outline how the public charter school will establish resident and nonresident enrollment policies which shall be subject to the same limitations as a school district;
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
(e) The proposed governance structure of the school, including a list of members of the initial board of directors, a draft of bylaws that include the description of the qualifications, terms, and methods of appointment or election of directors, and the organizational structure of the school that clearly presents lines of authority and reporting between the board of directors, school administrators, staff, any related bodies such as advisory bodies or parent and teacher councils, and any external organizations that will play a role in Page 16 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO managing the school;
Page 17 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO (k) A draft of the policies and procedures by which students may be disciplined, including students with disabilities, which shall be consistent with the requirements of due process and with state and federal laws and regulations governing the placement of students with disabilities;
CHAPTER 213 9 (q) Procedures to be followed in the case of the closure or dissolution of the public charter school, including provisions for the transfer of students and student records to the district of location[local school district in which the public charter school is located] or to another charter school located within the Page 18 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO local school district and an assurance and agreement to payment of net assets or equity, after payment of debts as specified in KRS 160.1598;
(b) Provide student performance data and financial audit reports for all current Page 19 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO and past public charter schools;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) A public charter school authorizer shall:
(c) Establish an annual timeline consistent with statutory guidelines with Page 20 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO deadlines to solicit, invite, accept, and evaluate applications from applicants;
and Page 21 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO (c) Students who seek career readiness education opportunities.
CHAPTER 213 11 (a) Grant charters only to applicants that possess competence in all elements of the application requirements identified in this section and KRS 160.1593;
The authorizer shall adopt by resolution all charter approval or denial decisions in an open meeting of the authorizer's board of Page 22 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO directors.
Except for training provided prior to July 15, 2020, the training shall be in addition to the annual in-service training required under KRS 160.180, and each board shall select Page 23 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO the trainer to deliver the training to its members.
The notice shall include a brief statement of the reasons the public charter Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY school applicant or public charter school contends the authorizer's denial of or nonrenewal or revocation of a charter, or imposition of conditions was in error.
Page 24 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO (c)[(3)] If the notice of appeal[, or the motion to review by the state board,] relates to an authorizer's decision to deny, refuse to renew, or revoke a charter or to an authorizer's unilateral imposition of conditions that are unacceptable to the charter applicant or public charter school, the appeal and review process shall be as follows:
If the application failed to satisfy the requirements of subsections (3) and (4) of Section 4 of this Act;
(c) If the authorizer's final decision is still to deny, refuse to renew, or revoke a charter or to unilaterally impose conditions unacceptable to the Page 25 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO charter applicant, a second notice of appeal may be filed with the State Board of Education within thirty (30) days following such final decision;
[(4) (a) Within ten (10) days of taking action to approve or deny a charter application that has been remanded back to the authorizer for reconsideration, the authorizer shall notify the state board of the action Page 26 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO taken.
(b) The authorizer shall provide a report to the charter applicant, the state board, and the Education and Workforce Development Cabinet simultaneously and shall include a copy of the resolution adopted by the authorizer's board of directors identifying any action taken, the reason for the decision, and an assurance as to compliance with all of the procedural requirements and application elements found in this section and KRS 160.1591 and 160.1593.] CHAPTER 213 13 Section 7.
Show all 125 changed lines (85 more)
The allocation of state, local, and federal funds, and the schedule to Page 27 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO disburse funds to the public charter school by the authorizer;
The performance Page 28 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO framework shall include at a minimum indicators, measures, and metrics for:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY j.
The authorizer shall be responsible for collecting, analyzing, and reporting to the state board all state-required assessment and Page 29 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO achievement data for each public charter school it oversees.
(6) Notwithstanding the formula for allocating district funds under KRS 160.345(8) and any other statute governing a district's funding of schools, unless an Page 30 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO authorizing district agrees to provide a larger sum of funding in the charter contract, after local capital outlay funds that are restricted in use pursuant to KRS 157.420(4) and funds under KRS 157.440(1)(b) and 157.621 necessary to meet debt service obligations on bonds or other financing mechanisms for new construction and renovation projects for school facilities are excluded, and before any other funds are budgeted for district use, a district shall transfer to each of the public charter schools located within the district:
and CHAPTER 213 15 2.
and (c) On a proportionate per pupil transported basis, transportation funds Page 31 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO calculated pursuant to KRS 157.360(2)(c) and 157.370 and distributed to the district of location, unless the school district provides transportation to students attending the public charter school under written terms agreed upon by the district and the public charter school in either the charter contract or, if the district is not the public charter school's authorizer, a separate agreement.
Page 32 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO 1.
(c) If the Kentucky Board of Education requires the authorization of a public charter school on appeal from an authorizer, the board shall receive twenty-twenty-five five percent (25%) of the authorizing fee for the duration of joint oversight required by Section 6 of this Act.
(11) Funds identified for transfer by a district of location to a public charter school Page 33 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO under this section shall be transferred throughout the school year according to a schedule determined by the state board.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (12) A public charter school shall be eligible for federal and state competitive grants and shall not be excluded from an opportunity to apply or participate so long as the public charter school meets the criteria established for the respective grants.
If the assets are insufficient to satisfy outstanding obligations, the authorizer Page 34 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO shall petition to Circuit Court of the county in which the public charter school is located to prioritize the distribution of assets.
Page 35 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO (c) The number of applications received, the number reviewed, and the number approved;
CHAPTER 213 17 (4) The powers granted to a public charter school under this section constitute the performance of essential public purposes and governmental purposes of this state.
(5) A public charter school shall not have the power to levy taxes or to acquire property by eminent domain, but shall have police powers to the same extent and under the Page 36 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO same requirements as a local school district.
(6) The board of directors of the public charter school shall have final authority over policy and operational decisions of the public charter school, although the decision-decision-making making authority may be delegated to the administrators and staff of the school in accordance with the provisions of the charter contract.
The performance report shall summarize the school's performance record to date, based on the performance framework required under KRS 160.1596 and the charter contract, and shall provide notice of any weaknesses or concerns related to the school that may jeopardize its position in seeking renewal if not timely rectified and of any strengths or achievements that Page 37 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO support its position in seeking renewal.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) Make its decision within established timeframes.
(b) Base its decision on evidence of the public charter school's performance over Page 38 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO the term of the charter contract in accordance with the performance framework required in the charter contract;
(c) Provides the charter holder with an opportunity to submit documentation and Page 39 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO provide testimony challenging the rationale behind the closure and in support of the continuation of the school at a[an] public meeting[orderly proceeding] held for that purpose;
If a public charter school is subject to closure, following exhaustion of any appeal allowed under KRS 160.1595, an authorizer Page 40 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO may remove at will at any time any or all of the members of the board of directors of the public charter school in connection with ensuring a smooth and orderly closure.
If the authorizer removes members of the board of directors such that CHAPTER 213 19 the board of directors can no longer function, the authorizer shall be empowered to take any further necessary and proper acts connected with closure of the public charter school in the name and interest of the public charter school.
Page 41 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO (3) For each conversion option identified in subsection (2) of this section, the Kentucky Board of Education shall promulgate administrative regulations to govern the processes and procedures for the petition, the conversion, and the operation of a conversion public charter school.
(a) A school board of a county school district located in a county with a consolidated local government, which shall have authorizing jurisdiction Page 42 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO within the territory of the district's boundaries;
The board of regents shall send notice of the resolution to each local board within the jurisdiction, the Kentucky Board of Education, and the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Legislative Research Commission.
The collective may contract with other Page 43 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO governmental or nonprofit organizations to assist with public charter school oversight.
Page 44 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO Section 12.
CHAPTER 213 21 (f) A public charter school shall make any required employer contributions to the Teachers' Retirement System under KRS 161.220 to 161.716 and the County Employees Retirement System under KRS 78.510 to 78.852 in the same manner as local school districts.
(g) For the purposes of calculating sick leave credit under KRS 161.220 to 161.716, teachers and other certified personnel of a public charter school shall not accumulate more days of sick leave during their employment with Page 45 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO the public charter school than they would have otherwise accumulated as a certified employee of the school district of location.
or by any city, urban-county, charter county, county, or consolidated local government, whose legislative body has opted to participate in the state-state-sponsored sponsored health insurance program pursuant to KRS 79.080;
and who is either a contributing member to any one (1) of the retirement systems administered by the state, including but not limited to the Kentucky Retirement Systems, County Employees Retirement System, Kentucky Teachers' Retirement System, the Legislators' Retirement Plan, or the Page 46 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO Judicial Retirement Plan;
PageLegislative 47Research ofCommission 80PDF HB000990.100Version -ACTS 23OF -THE XXXXGENERAL VetoedASSEMBLY and Overriden UNOFFICIAL COPY 22 RS HB 9/VO (c) The term "insurer" for the purposes of this section means an insurer as defined in KRS 304.17A-005;
All employees and other persons for whom the health care coverage is provided or made available shall annually be given an option to elect health care coverage through a self-funded plan offered by the Page 48 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO Commonwealth or, if a self-funded plan is not available, from a list of coverage options determined by the competitive bid process under the provisions of KRS 45A.080, 45A.085, and 45A.090 and made available during annual open enrollment.
(e) The Personnel Cabinet shall develop the necessary techniques and capabilities for timely analysis of data received from carriers and, to the extent possible, Page 49 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO provide in the request-for-proposal specifics relating to data requirements, electronic reporting, and penalties for noncompliance.
(f) If any agency participating in the state-sponsored employee health insurance program for its active employees terminates participation and there is a state appropriation for the employer's contribution for active employees' health insurance coverage, then neither the agency nor the employees shall receive CHAPTER 213 23 the state-funded contribution after termination from the state-sponsored employee health insurance program.
Page 50 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO (3) The premiums may be paid by the policyholder:
(6) The policy or policies may contain the provisions with respect to the class or classes of employees covered, amounts of insurance or coverage for designated classes or Page 51 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO groups of employees, policy options, terms of eligibility, and continuation of insurance or coverage after retirement.
PageLegislative 52Research ofCommission 80PDF HB000990.100Version -ACTS 23OF -THE XXXXGENERAL VetoedASSEMBLY and Overriden UNOFFICIAL COPY 22 RS HB 9/VO (10) Notwithstanding any other provision of law to the contrary, the policy or policies provided to employees pursuant to this section shall not provide coverage for obtaining or performing an abortion, nor shall any state funds be used for the purpose of obtaining or performing an abortion on behalf of employees or their dependents.
(c) The mail-order option shall not permit the dispensing of a controlled Page 53 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO substance classified in Schedule II.
(19) The Personnel Cabinet is encouraged to study whether it is fair and reasonable and Page 54 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO in the best interests of the state group to allow any carrier bidding to offer health care coverage under this section to submit bids that may vary county by county or by larger geographic areas.
CHAPTER 213 25 (c) The request for proposal shall require a carrier's bid to include every county within the region or regions for which the bid is submitted and include but not be restricted to a preferred provider organization (PPO) option;
(21) Any fully insured health benefit plan or self-insured plan issued or renewed on or after July 12, 2006, to public employees pursuant to this section which provides coverage for services rendered by a physician or osteopath duly licensed under KRS Page 55 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO Chapter 311 that are within the scope of practice of an optometrist duly licensed under the provisions of KRS Chapter 320 shall provide the same payment of coverage to optometrists as allowed for those services rendered by physicians or osteopaths.
(3) "Disability allowance" means the amount annually payable to a member retired by Page 56 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO reason of disability;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) State-operated secondary area vocational education or area technology centers, Kentucky School for the Blind, and Kentucky School for the Deaf;
(f) All full-time members of the staffs of the Kentucky Association of School Administrators, Kentucky Education Association, Kentucky Vocational Association, Kentucky High School Athletic Association, Kentucky Academic Association, and the Kentucky School Boards Association who were members of the Kentucky Teachers' Retirement System or were qualified for a position Page 57 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO covered by the system at the time of employment by the association in the event that the board of directors of the respective association petitions to be included.
The state shall make no contributions on account of these employees, either full-time or part-time.part- time.
New employees occupying Page 58 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO these positions, as well as newly created positions qualifying for Teachers' Retirement System coverage that would have previously been included in the former Cabinet for Workforce Development, shall be members of the Teachers' Retirement System;
CHAPTER 213 27 (p) Employees of the Kentucky Department of Education only who are graduates of a four (4) year college or university, notwithstanding a substitution clause Page 59 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO within a job classification, and who are serving in a professional job classification as defined by the department;
(8) "Subsequent service" means the number of years during which the teacher is a Page 60 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO member of the Teachers' Retirement System after July 1, 1941;
The board of trustees may promulgate an administrative regulation in accordance with KRS Page 61 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO Chapter 13A to establish a methodology for measuring the limitation so that the combined increases in salary for each of the last three (3) full years of salary prior to retirement shall not exceed the total permissible percentage increase received by other members of the employer for the same three (3) year period.
The board of trustees may promulgate an administrative regulation in accordance with KRS Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Chapter 13A to provide definitions for a corresponding change in position or in length of employment.
Under no circumstances shall annual compensation include compensation that is earned by a member while on assignment to an organization or agency that is not a public board, Page 62 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO institution, or agency listed in subsection (4) of this section.
(b) For an individual who becomes a member on or after July 1, 2008, but prior to January 1, 2022, interest at two and one-half percent (2.5%) per annum for Page 63 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO purposes of crediting interest to the teacher savings account or any other contributions made by the employee that are refundable to the employee upon termination of employment;
CHAPTER 213 29 (17) "Fiscal year" means the twelve (12) month period from July 1 to June 30.
(18) "Public schools" means the schools and other institutions mentioned in subsection Page 64 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO (4) of this section;
For an individual who becomes a member on or after July 1, 2008, payments for annual or Page 65 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO compensatory leave shall not be included in determining the member's last annual compensation;
or (b) For members who began participating in the system on or after January 1, 2022, the combined sum of the member's accumulated contributions and the Page 66 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO member's accumulated employer contributions;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (31) "Foundational benefit component" means the benefits provided by KRS 161.220 to 161.716 to individuals who become members on or after January 1, 2022, except for the supplemental benefit component and retiree health benefits set forth in KRS 161.675;
(a) Any board of education participating in the system by order appropriate to its governmental structure, as provided in KRS 78.530, and if the board is willing Page 67 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO to accept the agency or corporation, the board being hereby granted the authority to determine the eligibility of the agency to participate;
The term shall not include persons engaged as independent contractors, seasonal, emergency, temporary, and part-timepart- time workers.
Twelve (12) months of current service in the Page 68 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO system shall be required to validate prior service;
(12) "Accumulated contributions" means the sum of all amounts deducted from the compensation of a member and credited to his individual account in the members' account, including employee contributions picked up after August 1, 1982, pursuant to KRS 78.610(4), together with interest credited, on the amounts, and any other CHAPTER 213 31 amounts the member shall have contributed thereto, including interest credited thereon.
"Accumulated contributions" shall not include employee contributions that are deposited into accounts established pursuant to 26 U.S.C.
Cases where compensation includes maintenance and other perquisites, Page 69 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO but the board shall fix the value of that part of the compensation not paid in money;
This subparagraph shall also include lump-sumlump- sum payments for reinstated wages pursuant to KRS 61.569, which shall be credited to the period during which the wages were earned or should have been paid by the employer;
Page 70 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO 3.
If the number of months of service credit during the five (5) year period is less than forty-eightforty- eight (48), one (1) or more additional fiscal years shall be used;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) For a member who is employed in a nonhazardous position, whose effective retirement date is between August 1, 2001, and January 1, 2009, and whose total service credit is at least twenty-seven (27) years and whose age and years of service total at least seventy-five (75), final compensation means the creditable compensation of the member during the three (3) fiscal years the member was paid at the highest average monthly rate divided by the number of months of service credit during that three (3) year period multiplied by twelve (12).
(c) For a member who begins participating before September 1, 2008, who is Page 71 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO employed in a hazardous position, as provided in KRS 61.592, the creditable compensation of the member during the three (3) fiscal years he or she was paid at the highest average monthly rate divided by the number of months of service credit during that three (3) year period multiplied by twelve (12).
If the number of months of service credit during the three (3) year period is less than twenty-twenty-four four (24), one (1) or more additional fiscal years, which may contain less than twelve (12) months of service credit, shall be used;
If the member does not have three (3) complete fiscal years that each contain twelve (12) months of service credit, then one (1) or more additional fiscal years, which may contain less than twelve (12) months of service credit, shall be Page 72 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO added until the number of months in the final compensation calculation is at least thirty-six (36) months;
(b) For a member with service in a hazardous position who begins participating before September 1, 2008, the first day of the month following a member's Page 73 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO fifty-fifth birthday;
CHAPTER 213 33 (19) "Fiscal year" of the system means the twelve (12) months from July 1 through the following June 30, which shall also be the plan year.
(c) Temporary positions that are positions of employment with a participating agency for a period of time not to exceed twelve (12) months and not Page 74 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO renewable;
As used in KRS 78.5536, beneficiary shall not Page 75 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO mean an estate, trust, or trustee;
(30) "Vested" for purposes of determining eligibility for purchasing service credit under KRS 61.552 means the employee has at least forty-eight (48) months of service if age sixty-five (65) or older or at least sixty (60) Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY months of service if under the age of sixty-five (65).
Page 76 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO (a) Is issued by a court or administrative agency;
Page 77 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO (40) "Nominal fee" means compensation earned for services as a volunteer that does not exceed five hundred dollars ($500) per month.
CHAPTER 213 35 (45) "Last day of paid employment" means the last date employer and employee contributions are required to be reported in accordance with KRS 16.543, 61.543, or 78.615 to the retirement office in order for the employee to receive current service credit for the month.
Last day of paid employment does not mean a date the employee receives payment for accrued leave, whether by lump sum or otherwise, if that date occurs twenty-fourtwenty- four (24) or more months after previous contributions;
psychiatric signs which are medically demonstrable phenomena Page 78 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO indicating specific abnormalities of behavior, affect, thought, memory, orientation, or contact with reality;
Page 79 of 80 HB000990.100 - 23 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 9/VO (a) In the case of a member who dies as a direct result of an act in line of duty as defined in KRS 16.505 or who dies as a result of a duty-related injury as defined in KRS 61.621, the higher of the member's monthly final rate of pay or the average monthly creditable compensation earned by the deceased member during his or her last twelve (12) months of employment;
or (b) In the case where a member becomes totally and permanently disabled as a direct result of an act in line of duty as defined in KRS 16.505 or becomes disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the higher of the member's monthly final rate of pay or the average monthly creditable compensation earned by the disabled member during his or her last twelve (12) months of employment prior to the date the act in line of duty or duty-duty-related related injury occurred;
PageVeto 80Overridden ofand 80Signed HB000990.100by -Secretary 23of -State XXXXApril Vetoed14, and2022. Overriden
Legislative Research Commission PDF Version
Show all 125 changed rows (85 more)
Action History
-
delivered to Secretary of State (Acts Ch. 213)
-
enrolled, signed by President of the Senate
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enrolled, signed by Speaker of the House
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received in House
-
passed 22-15
-
veto overridden
-
posted for passage for consideration of Governor's veto
-
to Rules (S)
-
received in Senate
-
passed 52-46
-
veto overridden
-
posted for passage for consideration of Governor's veto
-
taken from Rules
-
to Rules (H)
-
received in House
-
Vetoed
-
delivered to Governor
-
enrolled, signed by President of the Senate
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enrolled, signed by Speaker of the House
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received in House
-
3rd reading, passed 22-14
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posted for passage in the Regular Orders of the Day for Tuesday, March 29, 2022
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floor amendment (2) filed to Committee Substitute, floor amendment (3) and (1-title) filed
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reported favorably, to Rules
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returned to Education (S)
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2nd reading
-
taken from Education (S)
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to Education (S)
-
returned to Committee on Committees (S)
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1st reading
-
taken from Committee on Committees (S)
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to Committee on Committees (S)
-
received in Senate
-
3rd reading, passed 51-46 with Committee Substitute (1) and committee amendment (1-title)
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floor amendments (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33),filed to the Committee Substitute
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placed in the Orders of the Day
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taken from Rules
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reported favorably, to Rules with Committee Substitute (1) and Committee Amendment (1-title)
-
floor amendments (14), (15), (16), (17) and (18) filed
-
reassigned to Education (H)
-
floor amendment (13) filed
-
floor amendment (12) filed
-
floor amendment (11) filed
-
returned to Appropriations & Revenue (H)
-
2nd reading
-
taken from Appropriations & Revenue (H)
-
floor amendments (8), (9) and (10) filed
-
to Appropriations & Revenue (H)
-
floor amendments (1), (2), (3), (4), (5), (6) and (7) filed
-
returned to Committee on Committees (H)
-
1st reading
-
taken from Committee on Committees (H)
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to Committee on Committees (H)
-
introduced in House
Sponsors
- C. McCoy · Primary
- L. Bechler · Primary
- A. Koenig · Primary
- Kimberly Poore Moser · Primary
- S. Santoro · Primary
Sponsorship breakdown
Export CSV (upgrade) →5 sponsors · 0 co-sponsors · 133 not signed on · 43 voted No
Sponsors (5)
- C. McCoy
- L. Bechler
- A. Koenig
- Kimberly Poore Moser Republican
- S. Santoro
Co-sponsors (0)
None.
Not signed on (133)
133 members have not signed on to this bill.
Show all 133 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 36 | 16 | 0 | 0 |
| Unaffiliated | 16 | 21 | 0 | 0 |
| Democrat | 0 | 9 | 0 | 0 |
| Total | 52 | 46 | 0 | 0 |
| % of votes cast | 53% | 47% | 0% | 0% |
How each member voted (98)
| Member | Party | Vote |
|---|---|---|
| Meredith | — | Yea |
| DuPlessis | — | Yea |
| Bechler | — | Yea |
| Santoro | — | Yea |
| Fischer | — | Yea |
| Nemes | — | Yea |
| Sheldon | — | Yea |
| Koenig | — | Yea |
| Thomas | — | Yea |
| McCoy | — | Yea |
| Pratt | — | Yea |
| Dixon | — | Yea |
| Heath | — | Yea |
| Prunty | — | Yea |
| Webber | — | Yea |
| Bentley | — | Nay |
| Minter | — | Nay |
| Palumbo | — | Nay |
| Raymond | — | Nay |
| Graham | — | Nay |
| Timoney | — | Nay |
| Burch | — | Nay |
| Hatton | — | Nay |
| Cantrell | — | Nay |
| Massey | — | Nay |
| Rowland | — | Nay |
| Westrom | — | Nay |
| Donohue | — | Nay |
| Scott | — | Nay |
| Wheatley | — | Nay |
| Jenkins | — | Nay |
| Smith | — | Nay |
| Flood | — | Nay |
| Huff R | — | Nay |
| Kirk McCormick | — | Nay |
| Miller J | — | Yea |
| Stevenson C | — | Nay |
| Al Gentry | Democrat | Nay |
| Ashley Tackett Laferty | Democrat | Nay |
| George Brown Jr. | Democrat | Nay |
| Keturah J. Herron | Democrat | Nay |
| Lisa Willner | Democrat | Nay |
| Mary Lou Marzian | Democrat | Nay |
| Nima Kulkarni | Democrat | Nay |
| Pamela Stevenson | Democrat | Nay |
| Tina Bojanowski | Democrat | Nay |
| Aaron Reed | Republican | Nay |
| Adam Bowling | Republican | Nay |
| Bill Wesley | Republican | Nay |
| Bobby McCool | Republican | Nay |
| Chris Freeland | Republican | Yea |
| Chris Fugate | Republican | Nay |
| DJ Johnson | Republican | Yea |
| Daniel Elliott | Republican | Yea |
| Daniel Fister | Republican | Yea |
| David Hale | Republican | Nay |
| David Meade | Republican | Yea |
| David W. Osborne | Republican | Yea |
| Deanna Gordon | Republican | Nay |
| Derek Lewis | Republican | Nay |
| Felicia Rabourn | Republican | Yea |
| James Tipton | Republican | Yea |
| Jason Petrie | Republican | Yea |
| Jennifer Decker | Republican | Yea |
| Jim Gooch Jr. | Republican | Yea |
| John Blanton | Republican | Nay |
| Josh Branscum | Republican | Yea |
| Josh Bray | Republican | Yea |
| Josh Calloway | Republican | Yea |
| Ken Fleming | Republican | Yea |
| Ken Upchurch | Republican | Yea |
| Kim Banta | Republican | Yea |
| Kim King | Republican | Yea |
| Kimberly Poore Moser | Republican | Yea |
| Mark Hart | Republican | Yea |
| Mary Beth Imes | Republican | Yea |
| Matt Lockett | Republican | Yea |
| Matthew Koch | Republican | Yea |
| Michael Sarge Pollock | Republican | Yea |
| Myron Dossett | Republican | Yea |
| Nancy Tate | Republican | Yea |
| Patrick Flannery | Republican | Nay |
| Randy Bridges | Republican | Yea |
| Ryan Dotson | Republican | Yea |
| Samara Heavrin | Republican | Yea |
| Savannah Maddox | Republican | Yea |
| Scott Lewis | Republican | Nay |
| Scott Sharp | Republican | Yea |
| Shane Baker | Republican | Yea |
| Shawn McPherson | Republican | Nay |
| Steve Bratcher | Republican | Yea |
| Steve Riley | Republican | Nay |
| Steven Rudy | Republican | Yea |
| Suzanne Miles | Republican | Yea |
| T.J. Roberts | Republican | Nay |
| Thomas Huff | Republican | Yea |
| Timmy Truett | Republican | Nay |
| William Lawrence | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 9 | 0 | 0 |
| Republican | 13 | 4 | 0 | 0 |
| Democrat | 0 | 2 | 0 | 0 |
| Total | 22 | 15 | 0 | 0 |
| % of votes cast | 59% | 41% | 0% | 0% |
How each member voted (37)
| Member | Party | Vote |
|---|---|---|
| Alvarado | — | Yea |
| Thayer | — | Yea |
| Hornback | — | Yea |
| Schickel | — | Yea |
| Castlen | — | Yea |
| Schroder | — | Yea |
| Westerfield | — | Yea |
| Southworth | — | Yea |
| Nemes | — | Yea |
| McGarvey | — | Nay |
| Smith | — | Nay |
| Meredith | — | Nay |
| Thomas | — | Nay |
| Yates | — | Nay |
| Kerr | — | Nay |
| Parrett | — | Nay |
| Turner | — | Nay |
| Harper Angel | — | Nay |
| Gerald A. Neal | Democrat | Nay |
| Karen Berg | Democrat | Nay |
| Brandon J. Storm | Republican | Nay |
| Christian McDaniel | Republican | Yea |
| Danny Carroll | Republican | Yea |
| David P. Givens | Republican | Yea |
| Donald Douglas | Republican | Yea |
| Jared Carpenter | Republican | Nay |
| Jason Howell | Republican | Yea |
| Jimmy Higdon | Republican | Yea |
| Julie Raque Adams | Republican | Yea |
| Max Wise | Republican | Yea |
| Mike Wilson | Republican | Yea |
| Phillip Wheeler | Republican | Nay |
| Rick Girdler | Republican | Yea |
| Robby Mills | Republican | Yea |
| Robert Stivers | Republican | Yea |
| Robin L. Webb | Republican | Nay |
| Stephen West | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 8 | 0 | 0 |
| Republican | 13 | 4 | 0 | 0 |
| Democrat | 0 | 2 | 0 | 0 |
| Total | 22 | 14 | 0 | 0 |
| % of votes cast | 61% | 39% | 0% | 0% |
How each member voted (36)
| Member | Party | Vote |
|---|---|---|
| Alvarado | — | Yea |
| Thayer | — | Yea |
| Hornback | — | Yea |
| Schickel | — | Yea |
| Castlen | — | Yea |
| Schroder | — | Yea |
| Westerfield | — | Yea |
| Southworth | — | Yea |
| Nemes | — | Yea |
| Meredith | — | Nay |
| Thomas | — | Nay |
| Parrett | — | Nay |
| Turner | — | Nay |
| Yates | — | Nay |
| McGarvey | — | Nay |
| Smith | — | Nay |
| Harper Angel | — | Nay |
| Gerald A. Neal | Democrat | Nay |
| Karen Berg | Democrat | Nay |
| Brandon J. Storm | Republican | Nay |
| Christian McDaniel | Republican | Yea |
| Danny Carroll | Republican | Yea |
| David P. Givens | Republican | Yea |
| Donald Douglas | Republican | Yea |
| Jared Carpenter | Republican | Nay |
| Jason Howell | Republican | Yea |
| Jimmy Higdon | Republican | Yea |
| Julie Raque Adams | Republican | Yea |
| Max Wise | Republican | Yea |
| Mike Wilson | Republican | Yea |
| Phillip Wheeler | Republican | Nay |
| Rick Girdler | Republican | Yea |
| Robby Mills | Republican | Yea |
| Robert Stivers | Republican | Yea |
| Robin L. Webb | Republican | Nay |
| Stephen West | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 9 | 0 | 25 |
| Republican | 5 | 6 | 0 | 42 |
| Democrat | 2 | 1 | 0 | 6 |
| Total | 13 | 16 | 0 | 73 |
| % of votes cast | 13% | 16% | 0% | 72% |
How each member voted (102)
| Member | Party | Vote |
|---|---|---|
| Bechler | — | Yea |
| Donohue | — | Yea |
| Westrom | — | Yea |
| Raymond | — | Yea |
| Jenkins | — | Yea |
| Heath | — | Nay |
| McCoy | — | Nay |
| Prunty | — | Nay |
| Cantrell | — | Nay |
| Nemes | — | Nay |
| DuPlessis | — | Nay |
| Palumbo | — | Nay |
| Sheldon | — | Nay |
| Fischer | — | Not Voting |
| Santoro | — | Not Voting |
| Meredith | — | Not Voting |
| Scott | — | Not Voting |
| Bentley | — | Not Voting |
| Smith | — | Not Voting |
| Flood | — | Not Voting |
| Minter | — | Not Voting |
| Koenig | — | Not Voting |
| Thomas | — | Not Voting |
| Timoney | — | Not Voting |
| Burch | — | Not Voting |
| Graham | — | Not Voting |
| Pratt | — | Not Voting |
| Webber | — | Not Voting |
| Dixon | — | Not Voting |
| Hatton | — | Not Voting |
| Massey | — | Not Voting |
| Wheatley | — | Not Voting |
| Rowland | — | Not Voting |
| Commonwealth of Kentucky | — | Not Voting |
| House of Representatives | — | Not Voting |
| Huff R | — | Not Voting |
| Kirk McCormick | — | Not Voting |
| Miller C | — | Yea |
| Miller J | — | Not Voting |
| Stevenson C | — | Nay |
| Al Gentry | Democrat | Not Voting |
| Ashley Tackett Laferty | Democrat | Not Voting |
| George Brown Jr. | Democrat | Not Voting |
| Keturah J. Herron | Democrat | Not Voting |
| Lisa Willner | Democrat | Yea |
| Mary Lou Marzian | Democrat | Nay |
| Nima Kulkarni | Democrat | Not Voting |
| Pamela Stevenson | Democrat | Not Voting |
| Tina Bojanowski | Democrat | Yea |
| Aaron Reed | Republican | Not Voting |
| Adam Bowling | Republican | Not Voting |
| Bill Wesley | Republican | Not Voting |
| Bobby McCool | Republican | Not Voting |
| Chris Freeland | Republican | Nay |
| Chris Fugate | Republican | Not Voting |
| DJ Johnson | Republican | Not Voting |
| Daniel Elliott | Republican | Not Voting |
| Daniel Fister | Republican | Not Voting |
| David Hale | Republican | Not Voting |
| David Meade | Republican | Not Voting |
| David W. Osborne | Republican | Not Voting |
| Deanna Gordon | Republican | Not Voting |
| Derek Lewis | Republican | Not Voting |
| Felicia Rabourn | Republican | Yea |
| James Tipton | Republican | Nay |
| Jason Petrie | Republican | Not Voting |
| Jennifer Decker | Republican | Not Voting |
| Jim Gooch Jr. | Republican | Not Voting |
| John Blanton | Republican | Not Voting |
| Josh Branscum | Republican | Not Voting |
| Josh Bray | Republican | Nay |
| Josh Calloway | Republican | Yea |
| Ken Fleming | Republican | Not Voting |
| Ken Upchurch | Republican | Not Voting |
| Kim Banta | Republican | Not Voting |
| Kim King | Republican | Nay |
| Kimberly Poore Moser | Republican | Not Voting |
| Mark Hart | Republican | Yea |
| Mary Beth Imes | Republican | Not Voting |
| Matt Lockett | Republican | Yea |
| Matthew Koch | Republican | Not Voting |
| Michael Sarge Pollock | Republican | Not Voting |
| Myron Dossett | Republican | Not Voting |
| Nancy Tate | Republican | Nay |
| Patrick Flannery | Republican | Not Voting |
| Randy Bridges | Republican | Not Voting |
| Richard White | Republican | Not Voting |
| Ryan Dotson | Republican | Not Voting |
| Samara Heavrin | Republican | Not Voting |
| Savannah Maddox | Republican | Yea |
| Scott Lewis | Republican | Not Voting |
| Scott Sharp | Republican | Not Voting |
| Shane Baker | Republican | Not Voting |
| Shawn McPherson | Republican | Not Voting |
| Steve Bratcher | Republican | Not Voting |
| Steve Riley | Republican | Not Voting |
| Steven Rudy | Republican | Nay |
| Suzanne Miles | Republican | Not Voting |
| T.J. Roberts | Republican | Not Voting |
| Thomas Huff | Republican | Not Voting |
| Timmy Truett | Republican | Not Voting |
| William Lawrence | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 35 | 16 | 0 | 0 |
| Unaffiliated | 16 | 21 | 0 | 0 |
| Democrat | 0 | 9 | 0 | 0 |
| Total | 51 | 46 | 0 | 0 |
| % of votes cast | 53% | 47% | 0% | 0% |
How each member voted (97)
| Member | Party | Vote |
|---|---|---|
| DuPlessis | — | Yea |
| Meredith | — | Yea |
| Bechler | — | Yea |
| Santoro | — | Yea |
| Fischer | — | Yea |
| Sheldon | — | Yea |
| Nemes | — | Yea |
| Koenig | — | Yea |
| Thomas | — | Yea |
| Pratt | — | Yea |
| Dixon | — | Yea |
| Heath | — | Yea |
| McCoy | — | Yea |
| Prunty | — | Yea |
| Webber | — | Yea |
| Bentley | — | Nay |
| Palumbo | — | Nay |
| Graham | — | Nay |
| Raymond | — | Nay |
| Timoney | — | Nay |
| Hatton | — | Nay |
| Massey | — | Nay |
| Cantrell | — | Nay |
| Donohue | — | Nay |
| Rowland | — | Nay |
| Westrom | — | Nay |
| Jenkins | — | Nay |
| Scott | — | Nay |
| Wheatley | — | Nay |
| Flood | — | Nay |
| Minter | — | Nay |
| Smith | — | Nay |
| Huff R | — | Nay |
| Kirk McCormick | — | Nay |
| Miller C | — | Nay |
| Miller J | — | Yea |
| Stevenson C | — | Nay |
| Al Gentry | Democrat | Nay |
| Ashley Tackett Laferty | Democrat | Nay |
| George Brown Jr. | Democrat | Nay |
| Keturah J. Herron | Democrat | Nay |
| Lisa Willner | Democrat | Nay |
| Mary Lou Marzian | Democrat | Nay |
| Nima Kulkarni | Democrat | Nay |
| Pamela Stevenson | Democrat | Nay |
| Tina Bojanowski | Democrat | Nay |
| Aaron Reed | Republican | Nay |
| Adam Bowling | Republican | Nay |
| Bill Wesley | Republican | Nay |
| Bobby McCool | Republican | Nay |
| Chris Freeland | Republican | Yea |
| Chris Fugate | Republican | Nay |
| DJ Johnson | Republican | Yea |
| Daniel Elliott | Republican | Yea |
| Daniel Fister | Republican | Yea |
| David Hale | Republican | Nay |
| David Meade | Republican | Yea |
| David W. Osborne | Republican | Yea |
| Deanna Gordon | Republican | Nay |
| Derek Lewis | Republican | Nay |
| Felicia Rabourn | Republican | Yea |
| James Tipton | Republican | Yea |
| Jason Petrie | Republican | Yea |
| Jennifer Decker | Republican | Yea |
| Jim Gooch Jr. | Republican | Yea |
| John Blanton | Republican | Nay |
| Josh Branscum | Republican | Yea |
| Josh Bray | Republican | Yea |
| Josh Calloway | Republican | Yea |
| Ken Fleming | Republican | Yea |
| Ken Upchurch | Republican | Yea |
| Kim Banta | Republican | Yea |
| Kim King | Republican | Yea |
| Kimberly Poore Moser | Republican | Yea |
| Mark Hart | Republican | Yea |
| Mary Beth Imes | Republican | Yea |
| Matt Lockett | Republican | Yea |
| Matthew Koch | Republican | Yea |
| Michael Sarge Pollock | Republican | Nay |
| Myron Dossett | Republican | Yea |
| Nancy Tate | Republican | Yea |
| Patrick Flannery | Republican | Nay |
| Randy Bridges | Republican | Yea |
| Ryan Dotson | Republican | Yea |
| Samara Heavrin | Republican | Yea |
| Savannah Maddox | Republican | Yea |
| Scott Lewis | Republican | Nay |
| Scott Sharp | Republican | Yea |
| Shane Baker | Republican | Yea |
| Shawn McPherson | Republican | Nay |
| Steve Bratcher | Republican | Yea |
| Steve Riley | Republican | Nay |
| Steven Rudy | Republican | Yea |
| Suzanne Miles | Republican | Yea |
| T.J. Roberts | Republican | Nay |
| Thomas Huff | Republican | Yea |
| Timmy Truett | Republican | Nay |
Subjects
Frequently asked questions
- What does HB 9 do?
- Amend KRS 160.1590 to include definitions for "district of location", "private postsecondary institution", "proportionate per pupil basis", "proportionate per pupil transported basis"; change the definition of "authorizer" to include public and private postsecondary institution, the Kentucky Public Charter School Commission, the Kentucky Board of Education, and certain nonprofit entities; remove definitions for "achievement academy", "regional achievement academy", "regional achievement zone", and "start-up public charter school; amend KRS 160.1591 to allow nonresident enrollment, allow enrollment lottery to consider siblings, and remove regional achievement zones; amend KRS 160.1592 to require public charter schools to record student enrollment and attendance data in a manner necessary to participate in the Support Education Excellence in Kentucky (SEEK) fund; amend KRS 160.1593 to require public charter school applications to outline resident and nonresident enrollment policies, explain how the schoolâs proposed education program will serve students with individualized education programs or provide career readiness education opportunities, and require a memorandum of understanding with the district of location if the district has a total student enrollment of 5,000 or less; amend KRS 160.1594 to require any authorizer to establish an annual timeline for the application process, allow authorizers to give preference to applications that provide career readiness education opportunities, change the application process to allow for seeking an extension for curing deficiencies identified by the authorizer, and make changes to the review process; amend KRS 160.1595 to allow appeals to the Kentucky Public Charter School Commission in addition to the Kentucky Board of Education, require either to provide technical assistance to a charter applicant upon request, and modify appellate procedures; amend KRS 160.1596 to establish public charter schools as schools within an authorizing district for state and local funding purposes, establish public charter schools as local education agencies for federal funding purposes, establish terms for students enrolled in a public charter school to be included in the average daily attendance and transportation calculations of the district of location, establish a calculation to identify the amount of funding for a district of location to transfer to public charter schools, require public charter schools to provide services if funding received is tied to providing a service, establish how funding a collaborative's public charter school shall be determined, establish how data will be developed to provide funding during the public charter school's first year of operation, provide a transfer mechanism with authorizer fees and penalty provisions, determine how the Kentucky Board of Education shall develop a schedule for the transfer of funds, make public charter schools eligible for federal and state grants, require the commissioner of education to apply for all federal funding that supports charter school initiatives, determine the distribution of public charter school assets upon closure, and authorize the Kentucky Board of Education to promulgate regulations for the calculation and distribution of funds to public charter schools; amend KRS 160.1597 to permit a charter contract to range from 5 to 7 years; amend KRS 160.1598 and 160.1599 to conform; amend KRS 161.141 to require a public charter school participate in the state-sponsored health insurance program, require any on behalf payment made by the state for local public employees or school district employees also be made for public charter school employees, require public charter schools to make employer contributions to retirement systems in the same manner as school districts, limit the accrual to sick leave credit for public charter school employees to the same limits as the authorizing district, and require employees of education service providers to have the same certifications and background checks as public charter school employees; create a new section of KRS 160.1590 to 160.1599 to establish the Kentucky Public Charter School Commission and its composition, authority, and operations; amend KRS 18.225, 161.220, and 78.510 to conform; provide that any provision of this Act is severable; establish the General Assemblyâs intent that if KRS 141.500 to 141.901 is held unconstitutional due to the provisions of KRS 141.504, then the remedy should be to make those provisions applicable to all counties; APPROPRIATION; EMERGENCY.
- Who sponsors HB 9?
- HB 9 is sponsored by C. McCoy, L. Bechler, A. Koenig, Kimberly Poore Moser (Republican), and S. Santoro.
- What is the current status of HB 9?
- This bill has been enacted into law. Introduced March 01, 2022. Enacted.
- Where can I track HB 9?
- Track HB 9 free on One Click Politics — get push/email alerts when it moves.
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