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AN ACT relating to perfluoroalkyl and polyfluoroalkyl substances. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 95A.200 TO 95A.300 IS CREATED 3
TO READ AS FOLLOWS: 4
(1) The Kentucky Fire Commission may operate a professional firefighter PFAS 5
blood test reimbursement program. Professional firefighters who undergo testing 6
for PFAS in their blood and who pay for that testing out of pocket, or whose 7
insurance partially covers or does not cover any of the cost of the test, may apply 8
to the commission for reimbursement of out-of-pocket expenses using moneys 9
from the Firefighters Foundation Program fund established in KRS 95A.220. 10
(2) If the commission operates a PFAS blood test reimbursement program, it shall 11
establish policies and procedures regarding: 12
(a) The method to submit claims under the program, including what 13
documentation would be required; 14
(b) The maximum number or frequency of claims an individual professional 15
firefighter may submit; 16
(c) The amount of reimbursement provided for an individual claim; 17
(d) The types of PFAS and tests for which it will provide reimbursement; and 18
(e) Any other aspects of the program the commission determines as reasonable 19
in implementing this section. 20
(3) Any professional firefighters who the commission reimburses for out-of-pocket 21
expenses for PFAS blood testing shall submit the results of the blood test to the 22
commission. The commission shall treat all test results it receives under this 23
subsection as confidential medical records in compliance with the federal Health 24
Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. 25
Section 2. KRS 95A.210 is amended to read as follows: 26
As used in KRS 95A.200 to 95A.300, unless the context otherwise requires: 27 UNOFFICIAL COPY 24 RS BR 356
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(1) "Commission" means the Kentucky Fire Commission established pursuant to KRS 1
95A.020; 2
(2) "Established work schedule" means a work schedule adopted by or required of a 3
local government setting a recurring pattern for time on and off duty for 4
professional firefighters employed by the local government. An established work 5
schedule includes but is not limited to a schedule of twenty-four (24) consecutive 6
hours on duty, followed by forty-eight (48) consecutive hours off duty; 7
(3) "Executive director" means the executive director of the Kentucky Fire 8
Commission; 9
(4) "Fund" means Firefighters Foundation Program Fund; 10
(5) "Local government" means any city, county, urban-county government, charter 11
county government, unified local government, consolidated local government, air 12
board created under KRS Chapter 183, or any combination thereof of the 13
Commonwealth; 14
(6) "PFAS chemicals" or "PFAS" means all perfluoroalkyl or polyfluoroalkyl 15
substances containing at least one (1) fully fluorinated carbon atom; 16
(7) "Professional firefighter" means any member of a paid municipal fire department 17
organized under KRS Chapter 95, 67A, or 67C, a fire protection district organized 18
under KRS Chapter 75, a county fire department created pursuant to KRS Chapter 19
67, or any firefighter employed by an air board created under KRS Chapter 183; 20
(8) [(7)] "Program" means the Alan "Chip" Terry Professional Development and 21
Wellness Program for firefighters established in KRS 95A.292; 22
(9) [(8)] "Scheduled overtime" means work by a professional firefighter in excess of 23
forty (40) hours per week which regularly recurs as part of an established work 24
schedule; and 25
(10) [(9)] "Unscheduled overtime" means work by a professional firefighter in excess of 26
forty (40) hours per week which does not regularly recur as part of an established 27 UNOFFICIAL COPY 24 RS BR 356
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work schedule. 1
Section 3. KRS 95A.262 is amended to read as follows: 2
(1) The Kentucky Fire Commission shall, in cooperation with the Cabinet for Health 3
and Family Services, develop and implement a continuing program to inoculate 4
every paid and volunteer firefighter in Kentucky against hepatitis A and B. The 5
program shall be funded from revenues allocated to the Firefighters Foundation 6
Program fund pursuant to KRS 136.392 and 42.190, not to exceed five hundred 7
thousand dollars ($500,000) per fiscal year. 8
(2) (a) Except as provided in subsection (3) of this section, the Kentucky Fire 9
Commission shall allot on an annual basis a share of the funds accruing to and 10
appropriated for volunteer fire department aid to volunteer fire departments in 11
cities of all classes, fire protection districts organized pursuant to KRS 12
Chapter 75, county districts established under authority of KRS 67.083, and 13
volunteer fire departments created as nonprofit corporations pursuant to KRS 14
Chapter 273. 15
(b) The commission shall allot eleven thousand dollars ($11,000) annually to 16
each qualifying department. 17
(c) Any qualifying department which fails to participate satisfactorily in the 18
Kentucky fire incident reporting system as described in KRS 304.13-380 shall 19
forfeit annually five hundred dollars ($500) of its allotment. 20
(d) If two (2) or more qualified volunteer fire departments, as defined in KRS 21
95A.500 to 95A.560, merge after January 1, 2000, then the allotment shall be 22
in accordance with the provisions of KRS 95A.500 to 95A.560. 23
(e) Administrative regulations for determining qualifications shall be based on 24
the number of both paid firefighters and volunteer firemen within a volunteer 25
fire department, the amount of equipment, housing facilities available, and 26
any other matters or standards that will best effect the purposes of the 27 UNOFFICIAL COPY 24 RS BR 356
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volunteer fire department aid law. A qualifying department shall: 1
1. Include at least twelve (12) firefighters; 2
2. Have a chief; 3
3. Have at least one (1) operational fire apparatus or one (1) on order; and 4
4. Have at least fifty percent (50%) of its firefighters who have completed 5
at least one-half (1/2) of one hundred fifty (150) training hours, or as 6
otherwise established by the commission under KRS 95A.240(6), 7
toward certification within the first six (6) months of the first year of the 8
department's application for certification, and there shall be a plan to 9
complete the one hundred fifty (150) training hours, or as otherwise 10
established by the commission by KRS 95A.240(6), within the second 11
year. 12
These personnel, equipment, and training requirements shall not be made 13
more stringent by the promulgation of administrative regulations. 14
(f) No allotment shall exceed the total value of the funds, equipment, lands, and 15
buildings made available to the local fire units from any source whatever for 16
the year in which the allotment is made. 17
(g) A portion of the funds provided for above may be used to purchase group or 18
blanket health insurance and shall be used to purchase workers' compensation 19
insurance, and the remaining funds shall be distributed as provided in this 20
section. 21
(3) There shall be allotted two hundred thousand dollars ($200,000) of the insurance 22
premium surcharge proceeds accruing to the Firefighters Foundation Program fund 23
that shall be allocated each fiscal year of the biennium to the firefighters training 24
center fund, which is hereby created and established, for the purposes of 25
constructing new or upgrading existing training centers for firefighters. If any 26
moneys in the training center fund remain uncommitted, unobligated, or 27 UNOFFICIAL COPY 24 RS BR 356
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unexpended at the close of the first fiscal year of the biennium, then such moneys 1
shall be carried forward to the second fiscal year of the biennium, and shall be 2
reallocated to and for the use of the training center fund, in addition to the second 3
fiscal year's allocation of two hundred thousand dollars ($200,000). Prior to funding 4
any project pursuant to this subsection, a proposed project shall be approved by the 5
Kentucky Fire Commission as provided in subsection (4) of this section and shall 6
comply with state laws applicable to capital construction projects. 7
(4) Applications for funding low-interest loans and firefighters' training centers shall be 8
submitted to the Kentucky Fire Commission for their recommendation, approval, 9
disapproval, or modification. The commission shall review applications 10
periodically, and shall, subject to funds available, recommend which applications 11
shall be funded and at what levels, together with any terms and conditions the 12
commission deems necessary. 13
(5) Any department or entity eligible for and receiving funding pursuant to this section 14
shall have a minimum of fifty percent (50%) of its personnel certified as recognized 15
by the Kentucky Fire Commission. 16
(6) Upon the written request of any department, the Kentucky Fire Commission shall 17
make available a certified training program in a county of which such department is 18
located. 19
(7) The amount of reimbursement for any given year for costs incurred by the 20
Kentucky Community and Technical College System for administering these funds, 21
including but not limited to the expenses and costs of commission operations, shall 22
be determined by the commission and shall not exceed five percent (5%) of the total 23
amount of moneys accruing to the Firefighters Foundation Program fund which are 24
allotted for the purposes specified in this section during any fiscal year. 25
(8) The commission shall withhold from the general distribution of funds under 26
subsection (2) of this section an amount which it deems sufficient to reimburse 27 UNOFFICIAL COPY 24 RS BR 356
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volunteer fire departments for equipment lost or damaged beyond repair due to 1
hazardous material incidents. 2
(9) Moneys withheld pursuant to subsection (8) of this section shall be distributed only 3
under the following terms and conditions: 4
(a) A volunteer fire department has lost or damaged beyond repair items of 5
personal protective clothing or equipment due to that equipment having been 6
lost or damaged as a result of an incident in which a hazardous material (as 7
defined in any state or federal statute or regulation) was the causative agent of 8
the loss; 9
(b) The volunteer fire department has made application in writing to the 10
commission for reimbursement in a manner approved by the commission and 11
the loss and the circumstances thereof have been verified by the commission; 12
(c) The loss of or damage to the equipment has not been reimbursed by the 13
person responsible for the hazardous materials incident or by any other 14
person; 15
(d) The commission has determined that the volunteer fire department does not 16
have the fiscal resources to replace the equipment; 17
(e) The commission has determined that the equipment sought to be replaced is 18
immediately necessary to protect the lives of the volunteer firefighters of the 19
fire department; 20
(f) The fire department has agreed in writing to subrogate all claims for and 21
rights to reimbursement for the lost or damaged equipment to the 22
Commonwealth to the extent that the Commonwealth provides reimbursement 23
to the department; and 24
(g) The department has shown to the satisfaction of the commission that it has 25
made reasonable attempts to secure reimbursement for its losses from the 26
person responsible for the hazardous materials incident and has been 27 UNOFFICIAL COPY 24 RS BR 356
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unsuccessful in the effort. 1
(10) If a volunteer fire department has met all of the requirements of subsection (9) of 2
this section, the commission may authorize a reimbursement of equipment losses 3
not exceeding ten thousand dollars ($10,000) or the actual amount of the loss, 4
whichever is less. 5
(11) Moneys which have been withheld during any fiscal year which remain unexpended 6
at the end of the fiscal year shall be distributed in the normal manner required by 7
subsection (2) of this section during the following fiscal year. 8
(12) No volunteer fire department may receive funding for equipment losses more than 9
once during any fiscal year. 10
(13) The commission shall make reasonable efforts to secure reimbursement from the 11
responsible party for any moneys awarded to a fire department pursuant to this 12
section. 13
(14) The commission, in accordance with the procedures in subsection (4) of this 14
section, may make low-interest loans, and the interest thereon shall not exceed three 15
percent (3%) annually or the amount needed to sustain operating expenses of the 16
loan fund, whichever is less, to volunteer fire departments for the purposes of major 17
equipment purchases and facility construction. Loans shall be made to departments 18
which achieve the training standards necessary to qualify for volunteer fire 19
department aid allotted pursuant to subsection (2) of this section, and which do not 20
have other sources of funds at rates which are favorable given their financial 21
resources. The proceeds of loan payments shall be returned to the loan fund for the 22
purpose of providing future loans. If a department does not make scheduled loan 23
payments, the commission may withhold any grants payable to the department 24
pursuant to subsection (2) of this section until the department is current on its 25
payments. Money in the low-interest loan fund shall be used only for the purposes 26
specified in this subsection. Any funds remaining in the fund at the end of a fiscal 27 UNOFFICIAL COPY 24 RS BR 356
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year shall be carried forward to the next fiscal year for the purposes of the fund. 1
(15) Each fiscal year there shall be allotted one million dollars ($1,000,000) from the 2
fund established in KRS 95A.220 to be used by the commission to conduct training-3
related activities. 4
(16) If funding is available from the fund established in KRS 95A.220, the Kentucky 5
Fire Commission may implement the following: 6
(a) A program to prepare emergency service personnel for handling potential 7
man-made and non-man-made threats. The commission shall work in 8
conjunction with the state fire marshal and other appropriate agencies and 9
associations to identify and make maps of gas transmission and hazardous 10
liquids pipelines in the state; 11
(b) A program to provide and maintain a mobile test facility in each training 12
region established by the Kentucky Fire Commission with equipment to 13
administer Comprehensive Physical Aptitude Tests (CPAT) to ascertain a 14
firefighter's ability to perform the physical requirements necessary to be an 15
effective and safe firefighter; 16
(c) A program to provide defensive driving training tactics to firefighters. The 17
commission shall purchase, instruct in the use of, and maintain mobile 18
equipment in each of the training regions, and fund expenses related to 19
equipment replacement; 20
(d) A program to annually evaluate equipment adequacy and to provide for 21
annual physical examinations for instructors, adequate protective clothing and 22
personal equipment to meet NFPA guidelines, and to establish procedures for 23
replacing this equipment as needed; 24
(e) A program to establish a rotational expansion and replacement program for 25
mobile fleet equipment currently used for training and recertification of fire 26
departments; 27 UNOFFICIAL COPY 24 RS BR 356
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(f) A program to expand and update current emergency medical services, 1
emergency medical responder, emergency medical technician, advanced 2
emergency medical technician, and paramedic training and certification 3
instruction;[ and] 4
(g) A program to purchase thermal vision devices to comply with the provisions 5
of KRS 95A.400 to 95A.440; and 6
(h) A program to provide reimbursement to professional firefighters who 7
undergo testing for PFAS in their blood in accordance with Section 1 of this 8
Act. 9
Section 4. KRS 337.010 is amended to read as follows: 10
(1) As used in this chapter, unless the context requires otherwise: 11
(a) "Commissioner" means the commissioner of the Department of Workplace 12
Standards under the direction and supervision of the secretary of the 13
Education and Labor Cabinet; 14
(b) "Department" means the Department of Workplace Standards in the 15
Education and Labor Cabinet; 16
(c) 1. "Wages" includes any compensation due to an employee by reason of 17
his or her employment, including salaries, commissions, vested vacation 18
pay, overtime pay, severance or dismissal pay, earned bonuses, and any 19
other similar advantages agreed upon by the employer and the employee 20
or provided to employees as an established policy. The wages shall be 21
payable in legal tender of the United States, checks on banks, direct 22
deposits, or payroll card accounts convertible into cash on demand at 23
full face value, subject to the allowances made in this chapter. However, 24
an employee may not be charged an activation fee and the payroll card 25
account shall provide the employee with the ability, without charge, to 26
make at least one (1) withdrawal per pay period for any amount up to 27 UNOFFICIAL COPY 24 RS BR 356
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and including the full account balance. 1
2. For the purposes of calculating hourly wage rates for scheduled 2
overtime for professional firefighters, as defined in KRS 3
95A.210(9)[(8)], "wages" shall not include the distribution to qualified 4
professional firefighters by local governments of supplements received 5
from the Firefighters Foundation Program Fund. For the purposes of 6
calculating hourly wage rates for unscheduled overtime for professional 7
firefighters, as defined in KRS 95A.210(10)[(9)], "wages" shall include 8
the distribution to qualified professional firefighters by local 9
governments of supplements received from the Firefighters Foundation 10
Program Fund; 11
(d) "Employer" is any person, either individual, corporation, partnership, agency, 12
or firm who employs an employee and includes any person, either individual, 13
corporation, partnership, agency, or firm acting directly or indirectly in the 14
interest of an employer in relation to an employee; and 15
(e) "Employee" is any person employed by or suffered or permitted to work for 16
an employer, except that: 17
1. Notwithstanding any voluntary agreement entered into between the 18
United States Department of Labor and a franchisee, neither a franchisee 19
nor a franchisee's employee shall be deemed to be an employee of the 20
franchisor for any purpose under this chapter; and 21
2. Notwithstanding any voluntary agreement entered into between the 22
United States Department of Labor and a franchisor, neither a franchisor 23
nor a franchisor's employee shall be deemed to be an employee of the 24
franchisee for any purpose under this chapter. 25
For purposes of this paragraph, "franchisee" and "franchisor" have the same 26
meanings as in 16 C.F.R. sec. 436.1. 27 UNOFFICIAL COPY 24 RS BR 356
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(2) As used in KRS 337.275 to 337.325, 337.345, and 337.385 to 337.405, unless the 1
context requires otherwise: 2
(a) "Employee" is any person employed by or suffered or permitted to work for 3
an employer, but shall not include: 4
1. Any individual employed in agriculture; 5
2. Any individual employed in a bona fide executive, administrative, 6
supervisory, or professional capacity, or in the capacity of outside 7
salesman, or as an outside collector as the terms are defined by 8
administrative regulations of the commissioner; 9
3. Any individual employed by the United States; 10
4. Any individual employed in domestic service in or about a private 11
home. The provisions of this section shall include individuals employed 12
in domestic service in or about the home of an employer where there is 13
more than one (1) domestic servant regularly employed; 14
5. Any individual classified and given a certificate by the commissioner 15
showing a status of learner, apprentice, worker with a disability, 16
sheltered workshop employee, and student under administrative 17
procedures and administrative regulations prescribed and promulgated 18
by the commissioner. This certificate shall authorize employment at the 19
wages, less than the established fixed minimum fair wage rates, and for 20
the period of time fixed by the commissioner and stated in the certificate 21
issued to the person; 22
6. Employees of retail stores, service industries, hotels, motels, and 23
restaurant operations whose average annual gross volume of sales made 24
for business done is less than ninety-five thousand dollars ($95,000) for 25
the five (5) preceding years exclusive of excise taxes at the retail level 26
or if the employee is the parent, spouse, child, or other member of his or 27 UNOFFICIAL COPY 24 RS BR 356
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her employer's immediate family; 1
7. Any individual employed as a baby-sitter in an employer's home, or an 2
individual employed as a companion by a sick, convalescing, or elderly 3
person or by the person's immediate family, to care for that sick, 4
convalescing, or elderly person and whose principal duties do not 5
include housekeeping; 6
8. Any individual engaged in the delivery of newspapers to the consumer; 7
9. Any individual subject to the provisions of KRS Chapters 7, 16, 27A, 8
30A, and 18A provided that the secretary of the Personnel Cabinet shall 9
have the authority to prescribe by administrative regulation those 10
emergency employees, or others, who shall receive overtime pay rates 11
necessary for the efficient operation of government and the protection of 12
affected employees; 13
10. Any employee employed by an establishment which is an organized 14
nonprofit camp, religious, or nonprofit educational conference center, if 15
it does not operate for more than two hundred ten (210) days in any 16
calendar year; 17
11. Any employee whose function is to provide twenty-four (24) hour 18
residential care on the employer's premises in a parental role to children 19
who are primarily dependent, neglected, and abused and who are in the 20
care of private, nonprofit childcaring facilities licensed by the Cabinet 21
for Health and Family Services under KRS 199.640 to 199.670; 22
12. Any individual whose function is to provide twenty-four (24) hour 23
residential care in his or her own home as a family caregiver, family 24
home provider, or adult foster care provider and who is approved to 25
provide family caregiver services to an adult with a disability through a 26
contractual relationship with a community board for mental health or 27 UNOFFICIAL COPY 24 RS BR 356
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individuals with an intellectual disability established under KRS 1
210.370 to 210.460 or through a contractual relationship with a certified 2
waiver provider as defined in 907 KAR 7:005 sec. 1(5), or is certified or 3
licensed by the Cabinet for Health and Family Services to provide adult 4
foster care; 5
13. A direct seller as defined in Section 3508(b)(2) of the Internal Revenue 6
Code of 1986; or 7
14. Any individual whose function is to provide behavior support services, 8
behavior programming services, case management services, community 9
living support services, positive behavior support services, or respite 10
services through a contractual relationship with a certified waiver 11
provider, as defined in 907 KAR 7:005 sec. 1(5), pursuant to a 1915(c) 12
home and community based services waiver program, as defined in 907 13
KAR 7:005 sec. 1(2); 14
(b) "Agriculture" means farming in all its branches, including cultivation and 15
tillage of the soil; dairying; production, cultivation, growing, and harvesting 16
of any agricultural or horticultural commodity; raising of livestock, bees, 17
furbearing animals, or poultry; and any practice, including any forestry or 18
lumbering operations, performed on a farm in conjunction with farming 19
operations, including preparation and delivery of produce to storage, to 20
market, or to carriers for transportation to market; 21
(c) "Gratuity" means voluntary monetary contribution received by an employee 22
from a guest, patron, or customer for services rendered; 23
(d) "Tipped employee" means any employee engaged in an occupation in which 24
he or she customarily and regularly receives more than thirty dollars ($30) per 25
month in tips; and 26
(e) "U.S.C." means the United States Code. 27