UNOFFICIAL COPY AS OF 12/03/1814 REG. SESS.14 RS SB 199/GA
AN ACT to revise and correct the Kentucky Revised Statutes.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
PART A
LEGISLATIVE FINDINGS AND DECLARATIONS
Section 1. The General Assembly finds and declares as follows:
(1)Section 2 of this Act repeals and reenacts KRS 38.030, which was amended in 2009 Ky. Acts ch. 95 (HB 541) to provide coordinated benefits for Kentucky National Guard members who were totally or permanently disabled while deployed for the January 2009 Winter Storm Response, Mission #090127G01. However, during the processing of the House Committee Substitute for HB 541, the enacting clause required by Kentucky Constitution Section 62 was inadvertently deleted from the bill. HB 541 was passed by the House and then by the Senate without the missing enacting clause being discovered. Therefore, KRS 38.030 is being repealed and reenacted to ratify and confirm the General Assembly's action in enacting 2009 HB 541.
(2)Section 3 of this Act amends KRS 6.505 to correct a transposition of numbers in drafting language referring to the statute that established the Legislators' Retirement Fund, KRS 6.530. In the 2013 amendment of KRS 6.505, language in 2013 Ky. Acts ch. 120, sec. 13(1)(d)2.b. improperly referred to KRS 6.530 as KRS 6.350, which is the statute requiring that an actuarial analysis be prepared for certain retirement-related bills before the General Assembly.
(3)Section 4 of this Act amends KRS 75.031 to correct a citation in subsection (1)(f) of that statute to paragraphs of that subsection concerning how an elected firefighter can be removed from the board of trustees of a fire protection district or a volunteer fire department district. In the drafting of 1996 SB 189 (1996 Ky. Acts ch. 127, sec. 2), this statute was amended to add language concerning the removal procedures, but as the bill went through changes during the session, the subsection paragraphs changed, but the reference to the removal procedure paragraphs was not conformed accordingly. Section 4 of this Act corrects that drafting error.
(4)Section 5 of this Act amends KRS 81.010 relating to the classification of cities to correct the names of cities that have changed and to delete the names of listed cities that are no longer incorporated as cities.
(5)Section 6 of this Act amends KRS 134.452 to correct an improper formatting and an incorrect reference to text in subsection (1)(c)2.d. of that statute that was not conformed to the renumbered text contained in 2012 Ky. Acts ch. 161, sec. 13. Subsection (1)(c)2. of that statute has been correctly subdivided and renumbered and the corresponding reference in current subsection (1)(c)2. has been amended to conform.
(6)Section 7 of this Act amends KRS 161.046 to delete a reference to KRS 161.603, which was repealed in 2008 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 42. This conforming amendment should have been included in that Act, but was inadvertently omitted.
(7)Section 8 of this Act amends KRS 186.574 to correct a reference to the statute requiring motor vehicle owners to have liability insurance, KRS 304.39-080. KRS 186.574 authorizes a county attorney to operate a pre-adjudication traffic school for traffic offenders. However, from the record, it is clear that persons charged with failure to have current motor vehicle liability insurance, among others, were to be ineligible for the county attorney-operated traffic school. The correct citation to the statute requiring motor vehicle liability insurance replaces the incorrect one included in 2012 Ky. Acts ch. 107, sec. 1.
(8)Section 9 of this Act amends KRS 189A.345 to correct two improper references to other statutes made when KRS 189A.345 was created in 2000. 2000 Ky. Acts ch. 467, sec. 28, created KRS 189A.345 and made a reference in subsection (2)(a) of that statute to "subsection (2) of Section 27 of this Act or under subsection (2)(b) of Section 17 of this Act." Section 27 of 2000 Ky. Acts ch. 467 created a new section of KRS Chapter 189A, which was subsequently numbered as KRS 189A.340. However, that reference was improperly codified as "KRS 189.340(2)" instead. KRS 189A.340 was again amended in 2002 to delete subsection (1), so subsection (2) then became subsection (1), making the correct citation now read "KRS 189A.340(1)." Section 17 of 2000 Ky. Acts ch. 467 amended KRS 189A.410, which should have made the reference read "KRS 189A.410(2)(b)." However, in codification, that reference was improperly codified as "KRS 189A.440(2)(b)" instead. Section 9 corrects these two codification errors.
(9)Section 10 of this Act amends KRS 218A.1438, to correct an incorrect citation to KRS 218A.1442 in subsection (1) of that statute. 2005 Ky. Acts ch. 150, sec. 11, amended KRS 218A.1438 and contained the phrase "Notwithstanding Section 3 of this Act," at the beginning of that section. Section 3 of that Act was a newly created section, which was codified as KRS 218A.1442, and deals with controlled substance endangerment to children. The drafter of that Act has indicated that the reference should have been to "Section 6 of this Act," a newly created section, which was codified as KRS 218A.1446, and deals with requirements for dispensing certain nonprescription drugs. KRS 218A.1438 is being amended to correct this manifest clerical or typographical error.
(10)Section 11 of this Act amends KRS 248.725 to correct a drafting oversight in the preparation of the Free Conference Committee Report for 2000 HB 611, relating to the Tobacco Master Settlement Agreement. In the Free Conference Committee Report, it was intended that "rural development advisory council" be changed to "agricultural development council" throughout. However, one reference in Section 13 of that report, which was codified as KRS 248.725, was inadvertently not changed. Therefore, KRS 248.725 is being amended to correct that oversight.
(11)Section 12 of this Act amends KRS 446.140 to change a reference to KRS 355.1-109, which was repealed in 2006, to correct the citation to current law, KRS 355.1-107.
(12)Section 13 of this Act repeals KRS 216B.0422. Two bills enacted during the 2000 Regular Session, SB 330 and SB 339, each created new sections of KRS Chapter 216B which contained identical text. In codification, two new statutes, KRS 216B.0422 and 216B.0445 were inadvertently created instead of only the one new statute that was necessary. As KRS 216B.0445 became effective earlier than KRS 216B.0422, KRS 216B.0445 is being retained and KRS 216B.0422 is being repealed to eliminate the confusion caused by the duplicative statutes.
PART B
REPEALED AND REENACTED STATUTE
Section 2. KRS 38.030 is repealed and reenacted to read as follows:
(1)Only the Governor shall have the authority to order units and members of the Kentucky National Guard into state active duty.
(a)The Governor may order units and individual members of the Kentucky National Guard into state active duty for any of the following purposes:
1.Protecting lives and property;
2.Assisting in disaster relief or other humanitarian efforts;
3.Preventing or suppressing riot or civil disorder;
4.Enforcing the laws of the Commonwealth; or
5.Other similar purpose.
(b)In addition to ordering personnel and units to state active duty, the Governor may order other members of the Kentucky National Guard to participate in or perform duty in support of state active duty missions notwithstanding the fact that they are then entitled to receive federal pay and allowances pursuant to Title 32 of the United States Code. The personnel may be ordered to perform state active duty support missions either prior to, during, or after the time that state active duty missions are planned or performed.
(c)Members of the National Guard who are ordered to perform duty as provided in subsection (1)(b) of this section while they are entitled to receive federal pay under Title 32 of the United States Code shall have all of the powers, immunities, and benefits conferred by law upon persons ordered to state active duty except that they shall receive no additional pay for the duty and the provisions of KRS 38.235 shall not apply to them. The powers, immunities, and benefits conferred upon those persons shall be in addition to, and not in place of, those powers, immunities, and benefits provided under federal law.
(d)Any member of the National Guard may, with his consent, be ordered to state active duty without pay.
(2)The Governor may direct the commanding officer of the military forces ordered to state active duty to report to any civil officer, including, but not limited to, judge, county judge/executive, mayor, sheriff, or head of law enforcement or other public agency in whose jurisdiction the state active duty mission is to be performed. The civil officer may advise the commanding officer regarding the specific objectives to be accomplished by the military force, but the tactical direction and disposition of the troops and the particular means to be employed to accomplish the mission shall be left solely to the commanding officer of the National Guard.
(3)Troops shall not be relieved from active field service except by order of the Governor.
(4)National Guard officers, enlisted soldiers, and airmen who are temporarily or permanently disabled as a direct result of an injury or disease arising out of the performance of an act in the line of duty while on state active duty shall, at the discretion of the Governor, remain on paid state active duty status until a competent medical authority releases them to return to their normal activities or the Governor deems it appropriate to relieve the individual from state active duty status. Compensation paid to the soldier or airman by the department shall be adjusted and maintained at the soldier's or airman's regular rate of active duty pay; however, compensation paid by the department shall be reduced by the amount of payments received from workers' compensation insurance, Social Security benefits, and other federal or state-financed disability programs designed to supplement the soldier's or airman's income. Final compensation shall not be reduced by payments for medical care.
PART C
AMENDED STATUTES
Section 3. KRS 6.505 is amended to read as follows:
(1)(a)Each legislator in office on July 1, 1980, may within thirty (30) days after that date, and any legislator thereafter taking office may within thirty (30) days after the date thereof, elect to make monthly contributions to the Legislators' Retirement Plan, in an amount equal to five percent (5%) of his monthly creditable compensation, as defined in KRS 61.510(13). The election shall be effective to establish membership in the plan as of July 1, 1980, or as of the date from which the thirty (30) day period is measured, as the case may be. Provided, however, that any legislator who was in office on July 1, 1980, and who is in office at the time he makes the election may, after the expiration of the thirty (30) day period and until May 1, 1982, make the election, in which event he shall pay to the Legislators' Retirement Plan, for the months between July 1, 1980, and the date of his election such sum as, when added to any member's contribution by him that is transferred from another retirement system under KRS 6.535, will equal the member's contribution required by this section. If the member makes his election after February 1, 1981, he shall in addition pay to the plan interest on the foregoing sum, at six percent (6%) per annum, calculated as if the sum consisted of equal monthly payments, one (1) of which was due at the end of each month between July 1, 1980, and the date the election was made. The election shall be addressed to and filed with the secretary of the Finance and Administration Cabinet and shall constitute an authorization to the secretary to thereafter cause to be deducted from the member's monthly creditable compensation an amount equal to five percent (5%) thereof, as a voluntarily elected contribution by the member towards the funding of the Legislators' Retirement Plan.
(b)1.For a member who begins participating in the Legislators' Retirement Plan prior to January 1, 2014, the election shall operate to create an inviolable contract between such member and the Commonwealth, guaranteeing to and vesting in the member the rights and benefits provided for under KRS 6.515 to 6.530.
2.a.For members who begin participating in the Legislators' Retirement Plan on or after January 1, 2014, the General Assembly reserves the right to amend, suspend, or reduce the benefits and rights provided under KRS 6.500 to 6.577 if, in its judgment, the welfare of the Commonwealth so demands, except that the amount of benefits the member has accrued at the time of amendment, suspension, or reduction shall not be affected.
b.For purposes of this subparagraph, the amount of benefits the member has accrued at the time of amendment, suspension, or reduction shall be limited to the accumulated account balance the member has accrued at the time of amendment, suspension, or reduction.
c.The provisions of this subsection shall not be construed to limit the General Assembly's authority to change any other benefit or right specified by KRS 6.500 to 6.577, for members who begin participating in the Legislators' Retirement Plan on or after January 1, 2014, except the benefits specified by subparagraph 2.b. of this paragraph.
3.The provisions of this paragraph shall not be construed to limit the General Assembly's authority to amend, reduce, or suspend the benefits and rights of members of the Legislators' Retirement Plan as provided by KRS 6.500 to 6.577 that the General Assembly had the authority to amend, reduce, or suspend, prior to July 1, 2013.
(c)An election once made under this section either to participate or not to participate in the Legislators' Retirement Plan, shall be considered to apply to all future service as a legislator, whether in the same or a different office as a legislator, and whether or not it is in successive terms.
(d)Notwithstanding the provisions of this subsection:
1.A legislator who becomes a member of the Legislators' Retirement Plan on or after September 1, 2008, but prior to January 1, 2014, shall make monthly contributions to the Legislators' Retirement Plan in an amount equal to six percent (6%) of his monthly creditable compensation, as defined in KRS 61.510(13).
2.A legislator who becomes a member of the Legislators' Retirement Plan on or after January 1, 2014, shall make monthly contributions to the Legislators' Retirement Plan in an amount equal to six percent (6%) of his or her monthly creditable compensation, as defined in KRS 61.510(13), of which:
a.Five percent (5%) of his or her monthly creditable compensation, as defined in KRS 61.510(13), shall be used to provide funding for benefits provided under KRS 21.402; and
b.One percent (1%) of his or her monthly creditable compensation, as defined in KRS 61.510(13), shall be used exclusively to help fund retiree health benefits as provided by KRS 6.577 and shall not be refunded to the member if the member withdraws his or her accumulated account balance as provided by KRS 21.460. The amounts deducted under this subdivision shall be credited to an account established pursuant to 26 U.S.C. sec. 401(h), within the fund established by KRS 6.530[6.350].
(2)A legislator entitled to elect membership in the retirement system who failed to elect membership within thirty (30) days after taking office may elect membership not later than August 31, 2005. An election, upon being made pursuant to this section, shall operate to create an inviolable contract between the member entitled to elect membership under this subsection and the Commonwealth, guaranteeing to and vesting in the member the rights and benefits provided for under the terms and conditions of KRS 6.500 to 6.577.
(3)When any legislator makes a delayed election of membership in the Legislators' Retirement Plan under subsection (2) of this section, his active membership in the Kentucky Employees Retirement System shall terminate, as of the date his membership in the Legislators' Retirement Plan becomes effective, and any credit in the Kentucky Employees Retirement System, earned for service as a legislator, which he then has or which he subsequently regains while being an active member of the Legislators' Retirement Plan, shall be transferred to and counted as service credit in the Legislators' Retirement Plan, and shall no longer constitute credit in the Kentucky Employees Retirement System, except for the purpose of validating any other credit in that system if the member pays the difference, if any, between the amount transferred from the Kentucky Employees Retirement System and the actuarial value of the transferred service. However, any credit he then has in the Kentucky Employees Retirement System, earned for service in any capacity other than a legislator, shall not be affected. No person may attain credit in more than one (1) of the retirement plans or systems mentioned in this section for the same period of service. When credit is transferred from the Kentucky Employees Retirement System to the Legislators' Retirement Plan, the Kentucky Employees Retirement System shall transfer to the Legislators' Retirement Fund an amount equal to the employee's and employer's contributions attributable to that credit, together with interest on the contributions from the date made to the date of transfer at the actuarially assumed interest rate of the Kentucky Employees Retirement System in effect at the time the contributions were made, compounded annually at that same interest rate.
(4)The state shall, solely for the purpose of compliance with Section 414(h) of the United States Internal Revenue Code, pick up the employee contributions required by this section for all compensation earned after August 1, 1982, and the contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code and KRS 141.010(10). The picked-up employee contribution shall satisfy all obligations to the retirement system satisfied prior to August 1, 1982, by the employee contribution, and the picked-up employee contribution shall be in lieu of an employee contribution. The state shall pay these picked-up employee contributions from the same source of funds which is used to pay earnings to the employee. The employee shall have no option to receive the contributed amounts directly instead of having them paid by the employer to the system. Employee contributions picked up after August 1, 1982, shall be treated for all purposes of KRS 6.500 to 6.535 in the same manner and to the same extent as employee contributions made prior to August 1, 1982.
(5)When any legislator elects membership in the Legislators' Retirement Plan in accordance with this section, his active membership in the Kentucky Employees Retirement System, State Police Retirement System, County Employees Retirement System, or Teachers' Retirement System shall terminate, as of the date his membership in the Legislators' Retirement Plan becomes effective, and any credit in such other system or systems, earned for service as a legislator, which he then has or which he subsequently regains while being an active member of the Legislators' Retirement Plan, shall be transferred to and counted as service credit in the Legislators' Retirement Plan, and shall no longer constitute credit in such other retirement system except for the purpose of validating any other credit in that system. However, any credit he then has in such other retirement system, earned for service in any capacity other than a legislator, shall not be affected. No person may attain credit in more than one (1) of the retirement plans or systems mentioned in this section, for the same period of service.
(6)A member of the Legislators' Retirement Plan who would be entitled, under KRS 61.552, to repurchase credit in the Kentucky Employees Retirement System, for previous service as a legislator, which credit had been lost by refund of contributions, may pay the amount required by KRS 61.552 directly to the Legislators' Retirement Plan and thereby obtain credit in that plan for such service, rather than making payment to the Kentucky Employees Retirement System for credit which would be transferred to the Legislators' Retirement Plan. In such event, the Kentucky Employees Retirement System shall transfer to the Legislators' Retirement Plan an amount equal to the employer's contributions that originally were made to the Kentucky Employees Retirement System for the regained service credit, with interest as provided in KRS 6.535. Six (6) months' current service shall be required in the Legislators' Retirement Plan in order for the repurchased credit to remain in force, the same as provided in KRS 61.552. Service purchased under this subsection on or after January 1, 2014, shall not be used to determine the member's participation date in the Legislators' Retirement Plan.
Section 4. KRS 75.031 is amended to read as follows: