Pub2 2021 Issue1

KyTrucking.net 27 “assume responsibility, or incur liability, for any alleged injury, loss, or damage to persons or property relating to SARS-COV-2. The definition of “COVID-19 claim” in the bill, which protects businesses from paying damages for COVID-related liability exposure, is likely not a violation of the restriction in Kentucky Constitution Section 54, which prohibits the General Assembly from limiting damages for injury or death. Veto by the Governor is a possibility. SB 49 Exempt’s home or community-based medical services from being required to have workers compensation coverage. The Governor’s veto message states, “these workers perform important services caring for Kentucky’s most venerable citizens. SB 49 would leave them without protection if their employers fail to pay them promptly and in full, or if they lose their employment or become injured on the job.” The veto was overridden. SB 71 Standards for towing and storage of motor vehicles by tow truck operators. Signed by the Governor on March 22. SB 75 Originally, SB 215 simply added the Office of Safety in the Transportation Cabinet and confirmed an executive order. The final version of the bill included the substance of SB 75, which will authorize local governments to establish a pilot project allowing off-highway vehicles to be operated on certain state and local roads, sun-setting on July 1, 2024. The bill was finally passed on March 30 and sent to the Governor. SB 236 Eliminates the requirement for three letters of the alphabet and three numbers on standard, noncommercial motor vehicle license plates. Signed by the Governor on March 19. HB 1, 3 & 5 Terminate Governor’s COVID-19 emergency orders 30 days after the effective date of the new legislation and impose restrictions on future emergency administrative regulations and government reorganizations. Court injunction suspends the new laws while appeal to the Supreme Court is pending on the issue of constitutionality. HB 4 Constitutional amendment to allow the General Assembly to meet year-round by adding up to 12 additional legislative days and end each session on December 31. This proposal will be on the ballot for a popular vote in the 2022 general election. HB 125 Establish a three-wheel motorcycle category. Signed by Governor by April 5. HB 193 Transportation Cabinet Budget. Free Conference Committee Report #2 was adopted. Bills passed during the final two days of the session may be vetoed in part without any threat of being overridden since the session has ended sine die by operation of the Constitution. Since line-item vetoes are allowed for appropriations bills, the Governor may exercise this privilege on HB 193. HB 278 Paycheck Protection Program loans are not subject to state income tax. Signed by the Governor March 17. HB 328 Billboards to be regulated by Transportation Cabinet. Signed by the Governor March 18. HB 472 Statute of limitations reviver on sex offenses involving minors. Signed by the Governor March 23. HB 475 OSHA regulations by Labor Cabinet prohibited from being more stringent than Federal regulations. Vetoed on March 23. Governor’s veto overridden. Rep. Sal Santoro’s road fund revenue bill increasing fuel tax rates and indexing rates annually based on a construction index failed to get any consideration. So, the future of the road fund may be a hot topic for the 2022 session of the General Assembly.

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