Kentucky 2023 Regular Session Status: Enacted

SB 10 — AN ACT relating to registration of professional employer organizations and declaring an emergency.

Last action — signed by Governor (Acts Ch. 1)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 03, 2023. Enacted.

Prognosis

Likely to advance 68% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • Cleared a recorded vote

    Passed 2 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 336.236 to change the registration period for existing professional employer organizations as of July 14, 2022, to register with the Department of Workers' Claims by July 15, 2024; amend KRS 336.248 to require professional employer organizations to report and pay all unemployment insurance fund contributions using the state employer identification number and contribution rate of the client between the effective date of the Act and December 31, 2024; provide that after January 1, 2025, the professional employer organization shall report and pay all unemployment insurance fund contributions using the state employer identification number and contribution rate of the professional employer organization; amend KRS 336.250 to prohibit professional employer organizations from operating in Kentucky after July 15, 2024, without registering with the Department of Workers' Claims; provide that provisions in KRS 336.230 to 336.250 not amended in this Act are not changed; prohibit the Education and Labor Cabinet from requiring or enforcing certain reporting or payment for the period between July 14, 2022, and when this Act takes effect; EMERGENCY.

Bill Text

What changed in the latest version

173 added · 231 removed

173 line(s) added, 231 removed.

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UNOFFICIAL COPY 23 RS SB 10/GA AN ACT relating to registration of professional employer organizations and declaring an emergency.
CHAPTER 1 1 CHAPTER 1 ( SB 10 ) AN ACT relating to registration of professional employer organizations and declaring an emergency.
(1) A person engaged in providing professional employer services pursuant to a co- employment relationship in which all or a majority of the employees of a client are covered employees shall be registered under KRS 336.230 to 336.250 no later than July 15, 2024.
(1) A person engaged in providing professional employer services pursuant to a co-employment relationship in which all or a majority of the employees of a client are covered employees shall be registered under KRS 336.230 to 336.250 no later than July 15, 2024.
(e) A statement of ownership, which shall include the name and evidence of the business experience of any person that, individually or acting in concert with Page 1 of 8 SB001010.100 - 911 - XXXX 1/5/2023 3:04 PM GA UNOFFICIAL COPY 23 RS SB 10/GA one (1) or more other persons, owns or controls, directly or indirectly, twenty- five percent (25%) or more of the equity interest in the professional employer organization;
(e) A statement of ownership, which shall include the name and evidence of the business experience of any person that, individually or acting in concert with one (1) or more other persons, owns or controls, directly or indirectly, twenty-five percent (25%) or more of the equity interest in the professional employer organization;
A professional employer organization that has not had sufficient operating history to have audited financial statements based on at least twelve (12) months of operating history shall meet the requirements in Page 2 of 8 SB001010.100 - 911 - XXXX 1/5/2023 3:04 PM GA UNOFFICIAL COPY 23 RS SB 10/GA KRS 336.240 and present financial statements reviewed by a certified public accountant.
A professional employer organization that has not had sufficient operating history to have audited financial statements based on at least twelve (12) months of operating history shall meet the requirements in KRS 336.240 and present financial statements reviewed by a certified public accountant.
(4) Each professional employer organization not operating within this Commonwealth as of July 14, 2022, shall complete its initial registration prior to initiating operations within this Commonwealth.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (4) Each professional employer organization not operating within this Commonwealth as of July 14, 2022, shall complete its initial registration prior to initiating operations within this Commonwealth.
Page 3 of 8 SB001010.100 - 911 - XXXX 1/5/2023 3:04 PM GA UNOFFICIAL COPY 23 RS SB 10/GA (6) Professional employer organizations in a professional employer organization group may satisfy the reporting and financial requirements of KRS 336.230 to 336.250 on a combined or consolidated basis provided that each member of the professional employer organization group guarantees the financial capacity obligations under KRS 336.230 to 336.250 of each other member of the professional employer organization group.
(6) Professional employer organizations in a professional employer organization group may satisfy the reporting and financial requirements of KRS 336.230 to 336.250 on a combined or consolidated basis provided that each member of the professional employer organization group guarantees the financial capacity obligations under KRS 336.230 to 336.250 of each other member of the professional employer organization group.
Page 4 of 8 SB001010.100 - 911 - XXXX 1/5/2023 3:04 PM GA UNOFFICIAL COPY 23 RS SB 10/GA (d) KRS 336.240 does not apply to applicants for limited registration.
(d) KRS 336.240 does not apply to applicants for limited registration.
Nothing in this subsection shall limit or change the Department of Workers' Claims' authority to register or terminate registration of a professional employer organization or to investigate or enforce any provision of KRS 336.230 to 336.250.
Nothing in this subsection shall limit or change the Department of Workers' Claims' authority to register or terminate CHAPTER 1 3 registration of a professional employer organization or to investigate or enforce any provision of KRS 336.230 to 336.250.
(11) The Department of Workers' Claims may promulgate administrative regulations and Page 5 of 8 SB001010.100 - 911 - XXXX 1/5/2023 3:04 PM GA UNOFFICIAL COPY 23 RS SB 10/GA prescribe forms necessary to promote the efficient administration of this section.
(11) The Department of Workers' Claims may promulgate administrative regulations and prescribe forms necessary to promote the efficient administration of this section.
(a) After July 15, 2024, offer or provide professional employer services or use the names professional employer organization, PEO, staff leasing, employee leasing, administrative employer, or other title representing professional Page 6 of 8 SB001010.100 - 911 - XXXX 1/5/2023 3:04 PM GA UNOFFICIAL COPY 23 RS SB 10/GA employer services without first becoming registered under KRS 336.230 to 336.250;
(a) After July 15, 2024, offer or provide professional employer services or use the names professional employer organization, PEO, staff leasing, employee leasing, administrative employer, or other title representing professional employer services without first becoming registered under KRS 336.230 to 336.250;
(b) Revoke, restrict, or refuse a registration;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Revoke, restrict, or refuse a registration;
(c) Impose a civil penalty not to exceed one thousand dollars ($1,000) for each Page 7 of 8 SB001010.100 - 911 - XXXX 1/5/2023 3:04 PM GA UNOFFICIAL COPY 23 RS SB 10/GA violation;
(c) Impose a civil penalty not to exceed one thousand dollars ($1,000) for each violation;
Page 8 of 8 SB001010.100 - 911 - XXXX 1/5/2023 3:04 PM GA
Signed by Governor January 6, 2023.
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Action History

  1. signed by Governor (Acts Ch. 1)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. received in Senate

  6. passed 98-0

  7. 2nd and 3rd readings dispensed with

  8. substituted for identical House Bill 10

  9. reported favorably, 1st reading, to Calendar

  10. to Small Business & Information Technology (H)

  11. to Committee on Committees (H)

  12. received in House

  13. 3rd reading, passed 35-0

  14. posted for passage in the Regular Orders of the Day for Thursday, January 05, 2023

  15. reported favorably, to Rules

  16. returned to Economic Development, Tourism, & Labor (S)

  17. 2nd reading

  18. taken from Economic Development, Tourism, & Labor (S)

  19. returned to Economic Development, Tourism, & Labor (S)

  20. 1st reading

  21. taken from Economic Development, Tourism, & Labor (S)

  22. to Economic Development, Tourism, & Labor (S)

  23. to Committee on Committees (S)

  24. introduced in Senate

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASS SB 10

Passed 35 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 14000
Republican 20001
Democrat 1001
Total 35002
% of votes cast 95%0%0%5%
How each member voted (37)
Member Party Vote
Alvarado — Yea
Schickel — Yea
Smith — Yea
Southworth — Yea
Westerfield — Yea
Meredith — Yea
Williams — Yea
Thayer — Yea
Wilson — Yea
Thomas — Yea
Nemes — Yea
Yates — Yea
Turner — Yea
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Not Voting
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Not Voting
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 98 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 14000
Republican 64002
Unaffiliated 20000
Total 98002
% of votes cast 98%0%0%2%
How each member voted (100)
Member Party Vote
Smith — Yea
Dixon — Yea
Nemes — Yea
Bentley — Yea
Palumbo — Yea
Swann — Yea
Justice — Yea
Pratt — Yea
Thomas — Yea
Timoney — Yea
Bratcher S. — Yea
Raymond — Yea
Webber — Yea
Graham — Yea
Williams — Yea
Wilson — Yea
Heath — Yea
Meredith — Yea
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Not Voting
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 10 do?
Amend KRS 336.236 to change the registration period for existing professional employer organizations as of July 14, 2022, to register with the Department of Workers' Claims by July 15, 2024; amend KRS 336.248 to require professional employer organizations to report and pay all unemployment insurance fund contributions using the state employer identification number and contribution rate of the client between the effective date of the Act and December 31, 2024; provide that after January 1, 2025, the professional employer organization shall report and pay all unemployment insurance fund contributions using the state employer identification number and contribution rate of the professional employer organization; amend KRS 336.250 to prohibit professional employer organizations from operating in Kentucky after July 15, 2024, without registering with the Department of Workers' Claims; provide that provisions in KRS 336.230 to 336.250 not amended in this Act are not changed; prohibit the Education and Labor Cabinet from requiring or enforcing certain reporting or payment for the period between July 14, 2022, and when this Act takes effect; EMERGENCY.
What is the current status of SB 10?
This bill has been enacted into law. Introduced January 03, 2023. Enacted.
Where can I track SB 10?
Track SB 10 free on One Click Politics — get push/email alerts when it moves.

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