Text of KY HB 565 (2025)
AN ACT relating to state benefits for veterans.
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As introduced
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AN ACT relating to state benefits for veterans.
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Be it enacted by the General Assembly of the Commonwealth of Kentucky:
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Section 1. KRS 40.010 is amended to read as follows:
3
As used in this chapter:
4
(1)
"Administrator" means the adjutant general of the Commonwealth;
5
(2)
"Veteran" means a person who:
6
(a)
Served in the active Armed Forces of the United States, during the Spanish-
7
American[Spanish American] War, World War I, World War II, or the
8
Korean conflict, for a period of ninety (90) days or more (exclusive of time
9
spent AWOL; or in penal confinement as a result of a sentence imposed by
10
court-martial; or in service for which no allowance is made according to KRS
11
40.040), with some portion of service within the respective hereinafter
12
prescribed dates; and[, who ]
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(b)
1.
Is still in the Armed Forces;
14
2.
Was[, or was] released, separated, discharged, or retired therefrom under
15
honorable conditions; or
16
3.
Was released, separated, discharged, or retired therefrom under
17
conditions other than bad conduct or dishonorable, unless that
18
release, separation, discharge, or retirement was solely related to
19
being qualified as a discharged LGBTQ veteran or having a
20
qualifying condition, and:
21
a.
Is a discharged LGBTQ veteran; or
22
b.
Has a qualifying condition;
23
(3)
"Duty in active Armed Forces" includes active duty, and any period of inactive duty
24
training during which the individual concerned was disabled; and if a person in the
25
active Armed Forces was released, separated, or discharged therefrom by reason of
26
disability incurred in line of duty before serving as much as ninety (90) days, such
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person shall be qualified for entitlement to a bonus payment under this chapter,
1
notwithstanding failure to remain in service for the minimum time otherwise
2
prescribed;
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(4)
"Armed Forces" means the United States Army, Navy, Marine Corps, Air Force,
4
Space Force, and Coast Guard, including the reserve components thereof on active
5
duty;
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(5)
"Qualified veteran" means a person answering to the specifications set forth in
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subsections (2) and (3), and who
8
(a)
Was a resident of the Commonwealth at the time of entry into active service
9
in the Armed Forces and for at least six (6) months prior thereto; and
10
(b)
Who has not received a bonus or like compensation from another state; and
11
(c)
Who is not subject to the forfeiture provisions of this chapter;
12
(6)
"Resident of the Commonwealth at the time of entry into the active service" means
13
any person who gave the Commonwealth of Kentucky, or any specific place in this
14
Commonwealth, as his or her place of residence at such time of entry, without
15
regard to the place of enlistment, commission, or induction. Conclusive and
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exclusive evidence of such giving of place of residence shall be the official records
17
on file in the Department of Defense of the United States, or any official record
18
thereof in the files of the United States Department of Veterans Affairs; but if it be
19
shown to the satisfaction of the administrator that for any reason no such record was
20
made, or that the same has been lost, misplaced, or destroyed, or that an
21
authenticated copy thereof cannot be obtained within a reasonable time, other
22
evidence of bona fide residence may be accepted if deemed sufficient by the
23
administrator;
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(7)
"Resident," in any context other than as in subsection (6), means a legal resident as
25
determined by generally established principles of law, as may be defined, and
26
subject to proof, according to such regulations as the administrator may promulgate;
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(8)
"Beneficiary" means, in this order, widow, child or children (sharing equally),
1
mother, father, and no other;
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(9)
(a)
"Widow" means a woman who was the wife of a veteran at the time of his
3
death, and who had not deserted him (except where there was a separation
4
which was due to the misconduct of, or procured by, the veteran without the
5
fault of the wife), and who had not remarried, (unless the purported
6
remarriage was void or had been annulled);
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(b)
The term "widow" also includes "widower" in the case of a man who was the
8
husband of a female veteran at the time of her death;
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(10) "Child" means a person:
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(a)
Who is under the age of eighteen (18); or
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(b)
Who, before attaining the age of eighteen (18) years, became permanently
12
incapable of self-support; or
13
(c)
Who, after attaining the age of eighteen (18) years and until completion of
14
education or training (but not after attaining the age of twenty-one (21) years)
15
is pursuing a course of instruction at a bona fide educational institution; and
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who, in relationship to the veteran, is a child born in lawful wedlock; a legally
17
adopted child; a stepchild who is a member of a veteran's household or was a
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member at the time of the veteran's death; or a child born out of wedlock, but,
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as to the alleged father, only if acknowledged in writing signed by him, or if
20
he had, before his death, been judicially decreed to be the father of such child;
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(11) "Mother" means a mother, a mother through adoption, or a woman who for a period
22
of not less than one (1) year stood in the relationship of a mother to a qualified
23
veteran before his or her entry into active service in the Armed Forces, or if two (2)
24
persons stood in such relationship for one (1) year or more, the person who last
25
stood in such relationship before the veteran's last entry into active service in the
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Armed Forces;
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(12) "Father" means a father, a father through adoption, or a man who for a period of not
1
less than one (1) year stood in the relationship of a father to a qualified veteran
2
before his or her entry into active service in the Armed Forces, or if two (2) persons
3
stood in such relationship for one (1) year or more, the person who last stood in
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such relationship before the veteran's last entry into active service in the Armed
5
Forces;
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(13) "In the continental United States" means any place in the District of Columbia and
7
the states of the United States which are on the North American continent,
8
exclusive of Alaska;
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(14) "Outside the continental United States" means any place elsewhere than as defined
10
in subsection (13);
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(15) "Spanish-American War":
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(a)
Means the period beginning on April 21, 1898, and ending on July 4, 1902;
13
(b)
Includes the Philippine Insurrection and the Boxer Rebellion; and
14
(c)
In the case of a veteran who served with the United States military forces
15
engaged in hostilities in the Moro Province, means the period beginning on
16
April 21, 1898, and ending on July 15, 1903;
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(16) "World War I":
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(a)
Means the period beginning on April 6, 1917, and ending on November 11,
19
1918; and
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(b)
In the case of a veteran who served with the United States military forces in
21
Russia, means the period beginning on April 6, 1917, and ending on April 1,
22
1920; and
23
(c)
Any service between April 6, 1917, and July 1, 1921, if some part thereof was
24
between April 6, 1917, and November 11, 1918, both dates being inclusive;
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(17) "World War II" means the period beginning December 7, 1941, and ending
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December 31, 1946;
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(18) "Korean conflict" means the period beginning on June 27, 1950, and ending
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January 31, 1955;
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(19) "Bonus" and "veterans' bonus" means the compensation authorized by this chapter;
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(20) "Bonus claim" means a claim or potential claim for a veterans' bonus;
4
(21) "Claimant" means one who seeks to obtain payment of a bonus claim;
5
(22) "Discharged LGBTQ veteran" means a person who:
6
(a)
Served in the Armed Forces or National Guard; and
7
(b)
Was discharged from military service due to:
8
1.
His or her actual or perceived sexual orientation, gender identity; or
9
gender expression;
10
2.
Statements, consensual sexual conduct, or consensual acts relating to
11
sexual orientation, gender identity, or gender expression; or
12
3.
The disclosure of statements, conduct, or acts set out in subparagraph
13
2. of this paragraph;
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that were prohibited by the military service at the time of discharge; and
15
(23) "Qualifying condition" means a diagnosis, made by a health care professional
16
employed by the United States Department of Veterans Affairs, of:
17
(a)
Service-connected post-traumatic stress disorder;
18
(b)
Service-connected traumatic brain injury; or
19
(c)
Any other condition which resulted from physical assault of a sexual nature,
20
battery of a sexual nature, or sexual harassment which occurred while as a
21
member of the Armed Forces regardless of duty status or line of duty
22
determination.
23
Section 2. KRS 40.310 is amended to read as follows:
24
(1)
The Department of Veterans' Affairs shall collect all necessary data and information
25
regarding facilities and services available to veterans, their families, and
26
dependents, and shall cooperate with all information or service agencies throughout
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the state in informing such persons regarding the existence or availability of all
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educational, training, and retraining facilities; health, medical, rehabilitation, and
2
housing services and facilities; employment and reemployment services; provisions
3
of federal, state, and local laws affording rights, privileges, and benefits to said
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persons, their families, and dependents, and all other matters of similar related or
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appropriate nature. It shall likewise be the duty of the department to assist veterans
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and their families and dependents in the presentation, proof, and establishment of
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all claims, privileges, rights, and other benefits which they may have under federal,
8
state, or local laws, and to cooperate with all national, state, and local government
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and private agencies securing services or any benefits to veterans, their families,
10
and dependents.
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(2)
The commissioner of the Department of Veterans' Affairs shall prepare and submit
12
to the Governor and each member of the board an annual report with reference to
13
claims presented on behalf of veterans and to otherwise report the activities and
14
accomplishments of the department.
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(3)
The Department of Veterans' Affairs shall be authorized to apply for and accept
16
gifts, grants, and other contributions from the federal government, or from any
17
other governmental unit which funds shall be administered by the department
18
through use of trust and agency accounts.
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(4)
Veterans, as used in KRS 40.305 to 40.310, include any individual who served on
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active duty during peace or war in the Armed Forces of the United States, and
21
who:[ has]
22
(a)
Received an honorable discharge from such service; or
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(b)
Received a discharge other than a bad conduct or dishonorable discharge,
24
unless that discharge was solely related to being qualified as a discharged
25
LGBTQ veteran or having a qualifying condition, and:
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1.
Has a qualifying condition; or
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2.
Is a discharged LGBTQ veteran.
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(5)
The Department of Veterans' Affairs shall maintain full, adequate, and complete
2
copies of all records pertaining to claims of veterans who file said claims for
3
benefits through the department.
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(6)
The commissioner of the Department of Veterans' Affairs may purchase liability
5
insurance for the protection of employees of the Department of Veterans' Affairs to
6
protect them from liability for acts, omissions, and claims arising in the course and
7
scope of their employment or service to the department.
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(7)
The Department of Veterans' Affairs shall manage the veterans' program trust fund
9
established by KRS 40.460 by hosting all board meetings, providing logistical
10
support, recording the minutes of each meeting, and authorizing expenditures once
11
the board has approved a request for funds.
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(8)
The Department of Veterans' Affairs shall:
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(a)
Promulgate administrative regulations in accordance with KRS Chapter
14
13A to establish a consistent and uniform process to identify the status and
15
eligibility of individuals as discharged LGBTQ veterans in the presentation
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or establishment of all claims, privileges, rights, and other benefits which
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individuals may have under state or local law; and
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(b)
Develop a standardized form used to confirm that a veteran has a qualifying
19
condition.
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Section 3. KRS 12.245 is amended to read as follows:
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(1)
An administrative body that issues a license, permit, certificate, or other document
22
required to operate within a business, profession, or other occupation in the
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Commonwealth shall issue within thirty (30) days of receipt of a completed
24
application a license, permit, certificate, or other document to a member of the
25
United States military, Reserves, or National Guard, or to his or her spouse, or to a
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veteran or the spouse of a veteran, who is seeking a license, permit, certificate, or
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other document and currently holds or recently held equivalent documentation
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issued by another state, the District of Columbia, or any possession or territory of
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the United States unless:
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(a)
The license, permit, certificate, or other document issued by another state, the
4
District of Columbia, or any possession or territory of the United States has
5
been expired for more than two (2) years;
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(b)
The license, permit, certificate, or other documentation is not in good
7
standing;
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(c)
The holder of the license, permit, certificate, or other document has had the
9
license, permit, certificate, or other document suspended for disciplinary
10
reasons; or
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(d)
The board can show substantive evidence of significant statutory deficiency in
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the training, education, or experience of the United States military service
13
member, Reserves or National Guard member, veteran, or spouse, which
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could cause a health or safety risk to the public.
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(2)
The United States military service member, Reserves or National Guard member,
16
veteran, or spouse shall submit:
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(a)
Proof of issuance of a valid license, permit, certificate, or other document
18
issued by another state, the District of Columbia, or any possession or
19
territory of the United States that is active or has been expired for less than
20
two (2) years;
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(b)
Proof that the valid license, permit, certificate, or other document issued by
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another state, the District of Columbia, or any possession or territory of the
23
United States is in good standing or was upon the date of expiration; and
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(c)
1.
His or her DD-214 form or other proof of active or prior military service
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with:
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a.
An honorable discharge, discharge under honorable conditions, or
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a general discharge under honorable conditions;[ or]
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b.[2.] Military orders documenting his or her transfer to a military
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assignment in Kentucky; or
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c.
A discharge other than a bad conduct discharge or a
4
dishonorable discharge, unless that discharge was solely related
5
to being qualified as a discharged LGBTQ veteran or having a
6
qualifying condition, if the individual also submits evidence of a
7
qualifying condition as defined in Section 1 of this Act or status
8
as a discharged LGBTQ veteran as defined in Section 1 of this
9
Act.
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(3)
A United States military service member, Reserves or National Guard member,
11
veteran, or spouse who holds a license, permit, certificate, or other document issued
12
by another state, the District of Columbia, or any possession or territory of the
13
United States who applies for a license, permit, certificate, or other document
14
pursuant to subsection (1) of this section and is denied shall have the right to appeal
15
the decision in accordance with KRS Chapter 13B.
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(4)
A United States military service member, Reserves or National Guard member,
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veteran, or spouse who holds a license in multiple jurisdictions through an interstate
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licensure compact, with respect to services that he or she provides within the
19
jurisdiction of the interstate licensure compact, shall be subject to the requirements
20
of the compact or applicable statutes and not this section.
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Section 4. KRS 12.354 is amended to read as follows:
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(1)
As used in this section, "administrative body" has the same meaning as in KRS
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12.010.
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(2)
Each administrative body that issues a license, permit, certificate, or other
25
document that is required to operate within any business, profession, or occupation
26
in the Commonwealth may issue a license, permit, certificate, or other document, or
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a temporary license, permit, certificate, or other document to a United States
1
military service member or veteran who is seeking a license, permit, certificate, or
2
other document under this section and has:
3
(a)
Separated from the military within two (2) years preceding the date of
4
applying for the license, permit, certificate, or other document, with:
5
1.
An honorable discharge, discharge under honorable conditions, or a
6
general discharge under honorable conditions[ within two (2) years
7
preceding the date of applying for the license, permit, certificate, or
8
other document]; or
9
2.
A discharge other than a bad conduct discharge or a dishonorable
10
discharge , unless that discharge was solely related to being qualified
11
as a discharged LGBTQ veteran or having a qualifying condition,
12
and:
13
a.
A qualifying condition as defined in Section 1 of this Act; or
14
b.
Status as a discharged LGBTQ veteran as defined in Section 1 of
15
this Act;
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(b)
Received training, education, or experience during active, National Guard, or
17
federal reserve military service to the extent that such training, education, or
18
experience satisfies the requirements established by law and administrative
19
regulations of the respective board for the issuance of any license, permit,
20
certificate, or other document, however styled or denominated, required for
21
the practice of any business, profession, or occupation in the Commonwealth;
22
and
23
(c)
Submitted his or her DD 214 form or other proof of satisfactory completion of
24
military training to the administrative body as part of the license or certificate
25
application.
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(3)
Nothing in subsection (2) of this section shall require an administrative body to
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issue a license, permit, certificate, or other document if the administrative body
1
determines that the military training or experience does not meet the requirements
2
established by the administrative body for the issuance of a license, permit,
3
certificate, or other document to operate within a business, profession, or
4
occupation in the Commonwealth.
5
(4)
Administrative bodies that receive multiple requests under this section are directed
6
to publish clear guidelines to clarify requirements. These guidelines may be
7
published electronically, in print, or by the promulgation of administrative
8
regulations.
9
(5)
Military training and experience submitted under subsection (2) of this section shall
10
not be used as a substitute or in lieu of:
11
(a)
A postsecondary school degree when a degree is a prerequisite for a license,
12
permit, certificate, or other document; or
13
(b)
A specified examination when passage of an examination is a prerequisite for
14
a license, permit, certificate, or other document.
15
Section 5. KRS 14A.1-070 is amended to read as follows:
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As used in this chapter, unless the context otherwise requires:
17
(1)
"Business" includes every trade, occupation, and profession;
18
(2)
"Business trust" means a business trust governed as to its internal affairs by KRS
19
Chapter 386 or a statutory trust governed as to its internal affairs by KRS Chapter
20
386A;
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(3)
"Corporation" means a business corporation governed as to its internal affairs by
22
KRS Chapter 271B, a cooperative or association governed as to its internal affairs
23
by KRS Chapter 272, a nonprofit corporation governed as to its internal affairs by
24
KRS Chapter 273, and a rural electric or rural telephone cooperative corporation
25
governed as to its internal affairs by KRS Chapter 279;
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(4)
"Debtor in bankruptcy" means a person who is the subject of:
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(a)
An order for relief under Title 11 of the United States Code or a comparable
1
order under a successor statute of general application; or
2
(b)
A comparable order under federal, state, or foreign law governing insolvency;
3
(5)
"Deliver" or "delivery" means any method of delivery used in conventional
4
commercial practice, including delivery by hand, mail, commercial delivery, and
5
electronic transmission;
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(6)
"Electronic transmission" or "electronically transmitted" means any process of
7
communication not directly involving the physical transfer of paper that is suitable
8
for the retention, retrieval, and reproduction of information by the recipient;
9
(7)
"Entity" means a corporation, business or statutory trust, partnership, limited
10
partnership, limited liability company, limited cooperative association, or
11
unincorporated nonprofit association, governed as to its internal affairs by the laws
12
of the Commonwealth of Kentucky;
13
(8)
"Foreign business trust" means a business or statutory trust not governed as to its
14
internal affairs by KRS Chapter 386 or 386A;
15
(9)
"Foreign corporation" means a corporation as defined in subsection (2) of this
16
section that is not:
17
(a)
Organized pursuant to the laws of the Commonwealth of Kentucky; or
18
(b)
As to its internal affairs, governed by the laws of the Commonwealth of
19
Kentucky;
20
(10) "Foreign entity" means a corporation, not-for-profit corporation, cooperative,
21
limited cooperative association, association, business or statutory trust, partnership,
22
limited partnership, limited liability company, or unincorporated nonprofit
23
association not:
24
(a)
Organized pursuant to the laws of the Commonwealth of Kentucky; or
25
(b)
As to its internal affairs, governed by the laws of the Commonwealth of
26
Kentucky;
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(11) "Foreign limited cooperative association" means a limited cooperative association
1
that is not:
2
(a)
Organized pursuant to the laws of the Commonwealth of Kentucky; or
3
(b)
As to its internal affairs, governed by the laws of the Commonwealth of
4
Kentucky;
5
(12) "Foreign limited liability partnership" means a partnership that:
6
(a)
Is formed under laws other than the laws of this Commonwealth; and
7
(b)
Has the status of a limited liability partnership under those laws;
8
(13) "Foreign professional service corporation" has the same meaning as in KRS
9
274.005;
10
(14) "Foreign rural electric cooperative" means a rural electric cooperative organized
11
otherwise than under KRS 279.010 to 279.210;
12
(15) "Foreign rural telephone cooperative" means a rural telephone cooperative
13
organized otherwise than under KRS 279.310 to 279.990 excepting 279.570;
14
(16) "Foreign unincorporated nonprofit association" means an unincorporated nonprofit
15
association that is not:
16
(a)
Organized in accordance with the laws of the Commonwealth of Kentucky; or
17
(b)
As to its internal affairs, governed by the laws of the Commonwealth of
18
Kentucky;
19
(17) "Good standing" means that all annual reports which are required to be received
20
from an entity or foreign entity have been delivered to and filed by the Secretary of
21
State, that all other lawfully required statutory documentation has been received and
22
filed, and that all fees, costs, and expenses, including penalties incurred in
23
connection therewith, have been paid;
24
(18) "Limited cooperative association" means a limited cooperative association
25
governed as to its internal affairs by KRS Chapter 272A;
26
(19) "Limited liability company" has the same meaning as in KRS 275.015;
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(20) "Limited liability partnership" means a partnership that has filed a statement of
1
qualification under KRS 362.1-931 or a registration as a registered limited liability
2
partnership under KRS 362.555 and does not have a similar statement or
3
registration in effect in any other jurisdiction;
4
(21) "Name of record with the Secretary of State" means any real, fictitious, reserved,
5
registered, or assumed name of an entity or foreign entity;
6
(22) "Nonprofit corporation," other than in the term "foreign nonprofit corporation,"
7
means a nonprofit corporation incorporated pursuant to and governed as to its
8
internal affairs by KRS Chapter 273 or predecessor law;
9
(23) "Organic act" means the law of a state or other jurisdiction governing the
10
organization and internal affairs of an entity or foreign entity;
11
(24) "Organized" means organized, incorporated, or formed;
12
(25) "Organizational filing" means a filing made with the Secretary of State as a
13
precondition to the formation, organization, or incorporation of an entity, including
14
articles of incorporation, articles of organization, articles of association, certificates
15
of trust, and certificates of limited partnership. A statement of qualification filed
16
pursuant to KRS 362.1-931 or a registration as a limited liability partnership filed
17
pursuant to KRS 362.555 is not an organizational filing;
18
(26) "Partnership" means an association of two (2) or more persons to carry on as co-
19
owners a business for profit formed under KRS 362.1-202, predecessor law, or
20
comparable law of another jurisdiction;
21
(27) "Partnership agreement" means the agreement, whether written, oral, or implied,
22
among the partners concerning the partnership, including amendments to the
23
partnership agreement;
24
(28) "Person" means an individual, an entity, a foreign entity, or any other legal or
25
commercial entity;
26
(29) "Principal office" means the address required by this chapter or the organic act to be
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of record with the Secretary of State as the principal office, the principal place of
1
business address, the designated office of a limited partnership, or the chief
2
executive office of a limited liability partnership;
3
(30) "Professional service corporation" has the same meaning as in KRS 274.005;
4
(31) "Professional services" means the personal services rendered by physicians,
5
osteopaths, optometrists, podiatrists, chiropractors, dentists, nurses, pharmacists,
6
psychologists, occupational
therapists,
veterinarians,
engineers,
architects,
7
landscape architects, certified public accountants, public accountants, physical
8
therapists, and attorneys;
9
(32) "Property" means all property, real, personal, or mixed, tangible or intangible, or
10
any interest therein;
11
(33) "Qualified person" has the same meaning as in KRS 274.005;
12
(34) "Registered agent" means a registered agent appointed in accordance with KRS
13
14A.4-010 or predecessor law, and is synonymous with agent for service of
14
process;
15
(35) "Registered office" means the registered office identified in accordance with and
16
satisfying the requirements of KRS 14A.4-010(1)(b). The registered office address
17
must be a street address;
18
(36) "Regulatory board" means the agency that is charged by law with the licensing and
19
regulation of the practice of the profession which the entity is organized to provide;
20
(37) "Rural electric cooperative" means a rural electric cooperative governed as to its
21
internal affairs by KRS 279.010 to 279.210;
22
(38) "Rural telephone cooperative" means a rural telephone cooperative governed as to
23
its internal affairs by KRS 279.310 to 279.990 excepting KRS 279.570;
24
(39) "Series entity" means an entity or a foreign entity authorized and enabled by its
25
organic act and organizational filing to create series having separate rights, powers,
26
or duties with respect to specific property or obligations of the series entity, or the
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profits and losses associated with specific property or obligations;
1
(40) "Sign" or "signature" includes any manual, facsimile, conformed, or electronic
2
signature;
3
(41) "State" means a state of the United States, the District of Columbia, the
4
Commonwealth of Puerto Rico, or any territory or insular possession subject to the
5
jurisdiction of the United States;
6
(42) "Statutory trust" means a trust governed as to its internal affairs by KRS Chapter
7
386A;
8
(43) "Unincorporated nonprofit association" means an unincorporated nonprofit
9
association governed as to its internal affairs by KRS Chapter 273A;
10
(44) "Veteran" means:
11
(a)
Any[any] person who served in the United States Armed Forces, Reserves, or
12
National Guard and was separated or released therefrom with:
13
1.
An honorable discharge, discharge under honorable conditions, or
14
general discharge under honorable conditions; or
15
2.
A discharge other than a bad conduct discharge or a dishonorable
16
discharge, unless that discharge was solely related to being qualified
17
as a discharged LGBTQ veteran or having a qualifying condition,
18
and:
19
a.
Has a qualifying condition as defined in Section 1 of this Act; or
20
b.
Is a discharged LGBTQ veteran as defined in Section 1 of this
21
Act; or
22
(b)
Any person who currently serves in the United States Armed Forces,
23
Reserves, or National Guard; and
24
(45) "Veteran-owned business" means a business:
25
(a)
That is at least fifty-one percent (51%) unconditionally owned by one (1) or
26
more veterans;
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(b)
In the case of a publicly owned business, in which at least fifty-one percent
1
(51%) of the stock is unconditionally owned by one (1) or more veterans; or
2
(c)
That is a nonprofit business which is at least fifty-one percent (51%)
3
unconditionally managed by one (1) or more veterans.
4
Section 6. KRS 16.040 is amended to read as follows:
5
(1)
The department shall consist of the commissioner and the number of officers,
6
individuals employed as a Trooper R Class, CVE R Class, and civilians, and shall
7
be organized in the manner as the commissioner from time to time determines.
8
(2)
All persons appointed as officers shall at the time of their appointment:
9
(a)
Be not less than twenty-one (21) years of age;
10
(b)
Be of good moral character, and in good health;
11
(c)
Be citizens of the United States and residents of the Commonwealth; and
12
(d)
Possess;
13
1.
A minimum of sixty (60) hours of credit, or an associate degree, from an
14
accredited college or university;
15
2.
A high school diploma with at least two (2) years' experience in the
16
military or in law enforcement; or
17
3.
A high school diploma or General Educational Development (GED)
18
diploma with additional experience established by the commissioner by
19
administrative regulation promulgated pursuant to KRS Chapter 13A.
20
However, any person appointed under this subparagraph who has not
21
completed the requirements of subparagraph 1. of this paragraph prior to
22
the end of probation as described in KRS 16.140(11) shall be
23
discharged.
24
(3)
The commissioner shall prescribe minimum physical requirements for appointment
25
as an officer of the department and for individuals employed as a Trooper R Class
26
or CVE R Class, and shall conduct such tests and require such physical
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examinations as deemed necessary to determine the fitness and qualification of each
1
applicant. All other qualifications being equal, preference shall be given to veterans
2
of the Armed Forces of the United States in time of war, who:
3
(a)
Were honorably discharged; or
4
(b)
Have a discharge other than a bad conduct discharge or a dishonorable
5
discharge, unless that discharge was solely related to being qualified as a
6
discharged LGBTQ veteran or having a qualifying condition, and:
7
1.
Have a qualifying condition as defined in Section 1 of this Act; or
8
2.
Are discharged LGBTQ veterans as defined in Section 1 of this Act.
9
(4)
The commissioner shall direct an investigation to be conducted in order to
10
determine an applicant's suitability for employment as an officer. The contents of
11
the investigation shall be subject to the Open Records Act, KRS 61.870 to 61.884
12
and KRS 61.991, except that the identity of any witness or informant involving
13
information relative to this investigation shall remain confidential. The identity of
14
any witness or informant shall be subject to the subpoena power of a court of
15
competent jurisdiction.
16
Section 7. KRS 40.650 is amended to read as follows:
17
(1)
As used in this section:
18
(a)
"Department" means the Department of Veterans' Affairs; and
19
(b)
"Veteran" means a person who served in the active Armed Forces of the
20
United States, including the Coast Guard of the United States, and was
21
released, separated, discharged, or retired therefrom:
22
1.
Under honorable or general conditions; or
23
2.
Under conditions other than bad conduct or dishonorable, unless that
24
discharge was solely related to being qualified as a discharged
25
LGBTQ veteran or having a qualifying condition, and:
26
a.
Has a qualifying condition; or
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b.
Is a discharged LGBTQ veteran.
1
(2)
A veterans' personal loan program trust fund is established to oversee and
2
administer funds under the Veterans' Personal Loan Program.
3
(3)
(a)
To be eligible for a loan under the Veterans' Personal Loan Program, an
4
applicant shall be a resident of, and living in, the Commonwealth on the date
5
of the application.
6
(b)
1.
As used in this paragraph, "qualified" means having met loan conditions
7
established by an administrative regulation promulgated by the
8
department. However, the term of a loan shall not exceed ten (10) years.
9
2.
The department shall cause the veterans' personal loan program trust
10
fund to lend a qualified veteran or deceased veteran's unremarried
11
spouse not more than ten thousand dollars ($10,000), or a lesser amount
12
established by an administrative regulation promulgated by the
13
department, for:
14
a.
The purchase of a home, business, or business property;
15
b.
The education of the loan applicant or the loan applicant's spouse;
16
c.
The payment of family medical or funeral expenses; or
17
d.
The consolidation of debt.
18
3.
The department shall cause the veterans' personal loan trust fund to lend
19
a qualified child of a veteran or parent or guardian of that child not more
20
than ten thousand dollars ($10,000), or a lesser amount established by an
21
administrative regulation promulgated by the department, for the
22
education of that child, who is under the age of twenty-seven (27), at a
23
university, junior college, vocational training institute, or nonpublic
24
school admitting children in preschool through grade twelve (12).
25
(c)
No person shall receive a loan under this section in an amount that, when
26
added to the balance of the person's existing loan or loans under this section,
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would result in a total indebtedness to the veterans' personal loan program
1
trust fund of more than ten thousand dollars ($10,000), or a lesser amount
2
established by an administrative regulation promulgated by the department.
3
(4)
(a)
The veterans' personal loan program trust fund shall:
4
1.
Execute necessary instruments; and
5
2.
Collect principal and interest.
6
(b)
The veterans' personal loan program trust fund may:
7
1.
Compromise indebtedness;
8
2.
Sue and be sued;
9
3.
Post bonds;
10
4.
Write off indebtedness that it considers uncollectible;
11
5.
Exercise the rights of an owner and mortgagee if a loan provided under
12
this section is secured by a real estate mortgage;
13
6.
Charge to a loan applicant loan expenses incurred under this section;
14
and
15
7.
a.
Receive state appropriations, gifts, grants, federal funds, and any
16
other funds both public and private.
17
b.
Funds received, which are not necessary for the operation of the
18
veterans' personal loan program trust fund, shall remain with the
19
department to finance other department operations.
20
(5)
The department shall promulgate administrative regulations necessary to carry out
21
the provisions of this section.
22
Section 8. KRS 42.0146 is amended to read as follows:
23
(1)
For purposes of this section:
24
(a)
"Disabled veteran" means an individual, domiciled in Kentucky, who has
25
served on active duty in the Armed Forces, has been separated therefrom:
26
1.
Under honorable or general conditions; or[, ]
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2.
Under conditions other than bad conduct or dishonorable, unless that
1
discharge was solely related to being qualified as a discharged
2
LGBTQ veteran or having a qualifying condition, and:
3
a.
Has a qualifying condition as defined in Section 1 of this Act; or
4
b.
Is a discharged LGBTQ veteran as defined in Section 1 of this
5
Act; and
6
has established the present existence of a service-connected disability or is
7
receiving compensation, disability retirements benefits, or pension because of
8
a public statute administered by the United States Department of Veterans
9
Affairs or Department of Defense, or was terminated from active duty by the
10
Department of Defense because of a disability; and
11
(b)
"Disabled veteran-owned business" means a business:
12
1.
Where a disabled veteran has at least fifty-one percent (51%) ownership;
13
2.
That is independently owned and operated;
14
3.
That does not exceed the applicable size standards for its industry, as
15
determined by the United States Small Business Administration;
16
4.
That has been owned and operated by the disabled veteran for at least a
17
full calendar or fiscal year; and
18
5.
For which the disabled veteran has filed a business tax return consisting
19
of a full calendar or fiscal year.
20
(2)
The Office of Equal Employment Opportunity and Contract Compliance shall
21
oversee a program that provides certification of a disabled veteran-owned business
22
in order to encourage growth among businesses owned by disabled veterans within
23
the state and assist those businesses in competing for work in other states that
24
require certification by a statewide body. This certification does not provide a
25
preference in state procurement, nor does it create a point system or set aside for
26
disabled veteran-owned businesses.
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(3)
In order to apply for certification, a disabled veteran shall provide proof of his or
1
her disability. Proof shall be in the form of Department of Defense Form DD 214,
2
United States Department of Veterans Affairs disability letter, or other United
3
States Department of Veterans Affairs documentation establishing a service-
4
connected disability.
5
(4)
The Finance and Administration Cabinet shall promulgate any administrative
6
regulations necessary to create and manage the disabled veteran-owned business
7
certification program, which may include but is not limited to additional
8
certification requirements, the application process, onsite visitation by the Office of
9
Equal Employment Opportunity and Contract Compliance, and recertification.
10
Section 9. KRS 148.0211 is amended to read as follows:
11
(1)
Any veteran who:
12
(a)
Has been a prisoner of war;[, ]
13
(b)
1.
Was honorably discharged from the military forces; or[, ]
14
2.
Was discharged under conditions other than bad conduct or
15
dishonorable, unless that discharge was solely related to being
16
qualified as a discharged LGBTQ veteran or having a qualifying
17
condition, and:
18
a.
Has a qualifying condition as defined in Section 1 of this Act; or
19
b.
Is a discharged LGBTQ veteran as defined in Section 1 of this
20
Act; and
21
(c)
Is a resident of this state;
22
is exempt from camping fees in parks or campgrounds owned or operated by the
23
Commonwealth of Kentucky.
24
(2)
To claim the exemption provided for by subsection (1) of this section, a veteran
25
shall forward:
26
(a)
A copy of his or her separation form from military service; or
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(b)
A letter from one (1) of the military forces or the United States Department of
1
Veterans Affairs; and
2
(c)
Written proof of residence to the Department of Parks. The department shall
3
mail a card to the veteran certifying that he or she is exempt from the fees
4
specified in subsection (1) of this section.
5
Section 10. KRS 158.105 is amended to read as follows:
6
Each school district in this state shall admit to its twelve (12) grade school service,
7
without tuition, any veteran of the Armed Forces whose attendance was interrupted,
8
before completing the approved twelve (12) grade school course, because of induction or
9
enlistment in the Armed Forces. The veteran shall apply for reenrollment in the public
10
school system of the district of his or her residence not later than four (4) years after his
11
or her honorable discharge from the Armed Forces, separation from service with a
12
qualifying condition as defined in Section 1 of this Act with other than a bad conduct
13
or dishonorable discharge, unless that discharge was solely related to being qualified
14
as a discharged LGBTQ veteran as defined in Section 1 of this Act, or having a
15
qualifying condition, or separation from service as a discharged LGBTQ veteran with
16
other than a bad conduct or dishonorable discharge, unless that discharge was solely
17
related to being qualified as a discharged LGBTQ veteran or having a qualifying
18
condition. However, this is not intended to apply to enrollment by veterans in special
19
courses for which tuition is paid under the provisions of federal laws, or otherwise.
20
Section 11. KRS 158.140 is amended to read as follows:
21
(1)
When a pupil in any public elementary school or any approved private or parochial
22
school completes the prescribed elementary program of studies, he or she is entitled
23
to a certificate of completion signed by the teacher or teachers under whom the
24
program was completed. The certificate shall entitle the pupil to admission into any
25
public high school. Any promotions or credits earned in attendance in any approved
26
public school are valid in any other public school to which a pupil may go, but the
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superintendent or principal of a school, as the case may be, may assign the pupil to
1
the class or grade to which the pupil is best suited. In case a pupil transfers from the
2
school of one (1) district to the school of another district, an assignment to a lower
3
grade or course shall not be made until the pupil has demonstrated that he or she is
4
not suited for the work in the grade or course to which he or she has been promoted.
5
(2)
Upon successful completion of all state and local board requirements, the student
6
shall receive:
7
(a)
A diploma indicating graduation from high school; or
8
(b)
An alternative high school diploma if the student has a disability and has
9
completed a modified curriculum and an individualized course of study
10
pursuant to requirements established by the Kentucky Board of Education in
11
accordance with KRS 156.160.
12
(3)
(a)
The Gatton Academy of Mathematics and Science in Kentucky, located at
13
Western Kentucky University, and the Craft Academy for Excellence in
14
Science and Mathematics, located at Morehead State University, may award a
15
diploma to any student who completes his or her high school program at the
16
respective academy. If the academy issues a diploma, the board of regents of
17
the host university shall provide to the commissioner of education a letter of
18
assurance that the program of study completed by its students, in combination
19
with previously earned secondary credits, meets the minimum high school
20
graduation requirements established by the Kentucky Board of Education
21
under KRS 156.160(1)(d).
22
(b)
A local school district may award a joint diploma with the Gatton Academy of
23
Mathematics and Science in Kentucky or the Craft Academy for Excellence in
24
Science and Mathematics to any student who was enrolled in a district high
25
school and completed his or her high school program at the respective
26
academy.
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(c)
The respective academy and the home school district shall ensure that student
1
transcripts from each institution accurately reflect the dual credit coursework.
2
(4)
A local school board may award a diploma indicating graduation from high school
3
to any student posthumously with the high school class the student was expected to
4
graduate.
5
(5)
(a)
A local board of education shall award an authentic high school diploma to an
6
honorably discharged veteran, a veteran with a qualifying condition as
7
defined in Section 1 of this Act with other than a bad conduct or
8
dishonorable discharge, unless that discharge was solely related to being
9
qualified as a discharged LGBTQ veteran as defined in Section 1 of this
10
Act, or having a qualifying condition, or a discharged LGBTQ veteran with
11
other than a bad conduct or dishonorable discharge, unless that discharge
12
was solely related to being qualified as a discharged LGBTQ veteran or
13
having a qualifying condition, who did not complete high school prior to
14
being inducted into the United States Armed Forces during:
15
1.
World War II, as defined in KRS 40.010;
16
2.
The Korean conflict, as defined in KRS 40.010; or
17
3.
The Vietnam War. As used in this paragraph, "Vietnam War" means the
18
period beginning August 5, 1964, and ending May 7, 1975. However,
19
for a member of the United States Armed Forces serving in Vietnam
20
prior to August 5, 1964, the period shall begin February 28, 1961.
21
(b)
Upon recommendation of the commissioner, the Kentucky Board of
22
Education in consultation with the Kentucky Department of Veterans' Affairs
23
shall promulgate administrative regulations to establish the guidelines for
24
awarding the authentic diplomas referred to in paragraph (a) of this
25
subsection.
26
(6)
Any high school graduation requirements adopted by a local board shall not include
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achieving a minimum score on a statewide assessment administered under KRS
1
158.6453.
2
(7)
The Department of Education shall establish the requirements for a vocational
3
certificate of completion. A student who has returned to school after dropping out
4
shall receive counseling concerning the vocational program. A student who has
5
completed the requirements established for a vocational program shall receive a
6
vocational certificate of completion specifying the areas of competence.
7
Section 12. KRS 161.048 is amended to read as follows:
8
(1)
The General Assembly hereby finds that:
9
(a)
1.
There are persons who have distinguished themselves through a variety
10
of work and educational experiences that could enrich teaching in
11
Kentucky schools;
12
2.
There are distinguished scholars who wish to become teachers in
13
Kentucky's public schools, but who did not pursue a teacher preparation
14
program;
15
3.
There are persons who should be recruited to teach in Kentucky's public
16
schools as they have academic majors, strong verbal skills as shown by
17
a verbal ability test, and deep knowledge of content, characteristics that
18
empirical research identifies as important attributes of quality teachers;
19
4.
There are persons who need to be recruited to teach in Kentucky schools
20
to meet the diverse cultural and educational needs of students; and
21
5.
There should be alternative procedures to the traditional teacher
22
preparation programs that qualify persons as teachers;
23
(b)
There are hereby established alternative certification program options as
24
described in subsections (2) to (10) of this section;
25
(c)
It is the intent of the General Assembly that the Education Professional
26
Standards Board inform scholars, persons with exceptional work experience,
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and persons with diverse backgrounds who have potential as teachers of these
1
options and assist local boards of education in implementing these options and
2
recruitment of individuals who can enhance the education system in
3
Kentucky;
4
(d)
The Education Professional Standards Board may reject the application of any
5
candidate who is judged as not meeting academic requirements comparable to
6
those for students enrolled in Kentucky teacher preparation programs; and
7
(e)
The Education Professional Standards Board shall promulgate administrative
8
regulations establishing standards and procedures for the alternative
9
certification options described in this section. If the certification option
10
requires employment prior to certification, the procedures shall establish a
11
process for candidates to obtain an eligible for hire letter from the Education
12
Professional Standards Board.
13
(2)
Option 1: Certification of a person with exceptional work experience. An individual
14
who has exceptional work experience shall receive a one (1) year provisional
15
certificate with approval by the Education Professional Standards Board of an
16
application by the individual under the following conditions:
17
(a)
The application contains documentation of all education and work experience;
18
(b)
The candidate has documented exceptional work experience in the area in
19
which certification is being sought; and
20
(c)
The candidate possesses:
21
1.
A bachelor's degree or a graduate degree;
22
2.
A minimum cumulative grade point average of two and seventy-five
23
hundredths (2.75) on a four (4) point scale or a minimum grade point
24
average of three (3.0) on a four (4) point scale on the last thirty (30)
25
hours of credit completed, including undergraduate and graduate
26
coursework from a nationally or regionally accredited postsecondary
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institution; and
1
3.
An academic major or a passing score on the academic content
2
assessment in the area in which certification is being sought by the
3
applicant as designated by the Education Professional Standards Board.
4
After successful completion of one (1) year of teaching and upon the
5
recommendation of the employing school district to the Education Professional
6
Standards Board, the candidate shall receive a professional certificate and shall be
7
subject to certificate renewal requirements the same as other teachers with a
8
professional certificate.
9
(3)
Option 2: Certification through a local school district training program. A local
10
school district or group of school districts may seek approval for a training
11
program. The state-approved local school district training program is an alternative
12
to the college teacher preparation program as a means of acquiring teacher
13
certification for a teacher at any grade level. The training program may be offered
14
for all teaching certificates approved by the Education Professional Standards
15
Board, including interdisciplinary early childhood education, except for specific
16
certificates for teachers of exceptional children. To participate in a state-approved
17
local school district alternative training program, the candidate shall possess:
18
(a)
A bachelor's degree or a graduate degree;
19
(b)
A minimum cumulative grade point average of two and seventy-five
20
hundredths (2.75) on a four (4) point scale or a minimum grade point average
21
of three (3) on a four (4) point scale on the last thirty (30) hours of credit
22
completed, including undergraduate and graduate coursework from a
23
nationally or regionally accredited postsecondary institution; and
24
(c)
A passing score on the academic content assessment in the area in which
25
certification is being sought by the applicant as designated by the Education
26
Professional Standards Board. To be eligible to take an academic content
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assessment, the applicant shall have completed a thirty (30) hour major in the
1
academic content area or five (5) years of experience in the academic content
2
area as approved by the Education Professional Standards Board.
3
An individual may participate in a local school district training program upon
4
meeting the participation requirements as established in this subsection and
5
approval by the Education Professional Standards Board of an application by the
6
individual. The candidate shall be issued a one (1) year provisional certificate by
7
the Education Professional Standards Board. After successful completion of the
8
local school district training program, one (1) year of teaching, and upon the
9
recommendation of the employing school district to the Education Professional
10
Standards Board, the candidate shall receive a professional certificate and shall be
11
subject to certificate renewal requirements the same as other teachers with a
12
professional certificate.
13
(4)
Option 3: Certification of a professional from a postsecondary institution: A
14
candidate who possesses the following qualifications may receive a one (1) year
15
provisional certificate for teaching at any level:
16
(a)
A master's degree or doctoral degree in the academic content area for which
17
certification is sought; and
18
(b)
A minimum of five (5) years of full-time teaching experience, or its
19
equivalent, in the academic content area for which certification is sought in a
20
regionally or nationally accredited institution of higher education.
21
After successful completion of one (1) year of teaching and upon the
22
recommendation of the employing school district to the Education Professional
23
Standards Board, the candidate shall receive a professional certificate and shall be
24
subject to certificate renewal requirements the same as other teachers with
25
professional certificates.
26
(5)
Option 4: Certification of an adjunct instructor. A person who has expertise in areas
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such as art, music, foreign language, drama, science, computer science, and other
1
specialty areas may be employed as an adjunct instructor in a part-time position by
2
a local board of education under KRS 161.046.
3
(6)
Option 5: Certification of a veteran of the Armed Forces. The Education
4
Professional Standards Board shall issue a statement of eligibility, valid for five (5)
5
years, for teaching at the elementary, secondary, and secondary career technical
6
education levels to a veteran of the Armed Forces who was honorably discharged or
7
who was discharged with other than bad conduct or dishonorable discharge,
8
unless that discharge was solely related to being qualified as a discharged
9
LGBTQ veteran or having a qualifying condition, provided that veterans with
10
discharges that are not honorable have a qualifying condition as defined in
11
Section 1 of this Act or are discharged LGBTQ veterans as defined in Section 1 of
12
this Act, from active duty as evidenced by Defense Department Form 214 (DD 214)
13
or National Guard Bureau Form 22 or to a member of the Armed Services currently
14
serving with six (6) or more years of honorable service, including Reserves,
15
National Guard, or active duty. The candidate shall possess:
16
(a)
A bachelor's degree or graduate degree;
17
(b)
A minimum cumulative grade point average of two and seventy-five
18
hundredths (2.75) on a four (4) point scale or a minimum grade point average
19
of three (3) on a four (4) point scale on the last thirty (30) hours of credit
20
completed, including undergraduate and graduate coursework from a
21
nationally or regionally accredited postsecondary institution; and
22
(c)
An academic major or a passing score on the academic content assessment in
23
the area in which certification is being sought by the applicant as designated
24
by the Education Professional Standards Board.
25
The eligible veteran shall receive a one (1) year provisional certificate with
26
approval by the Education Professional Standards Board of an application by the
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veteran. After successful completion of one (1) year of teaching and upon the
1
recommendation of the employing school district to the Education Professional
2
Standards Board, the veteran shall receive a professional certificate.
3
(7)
Option 6: University alternative program. With approval of the Education
4
Professional Standards Board, a university may provide an alternative program that
5
enrolls students in a postbaccalaureate teacher preparation program concurrently
6
with employment as a teacher in a local school district. A student in the alternative
7
program shall be granted a one (1) year provisional certificate. The one (1) year
8
provisional certificate may be renewed four (4) additional years, and shall be
9
contingent upon the candidate's continued enrollment in the preparation program
10
and compliance with all requirements established by the board. A professional
11
certificate shall be issued upon the teacher candidate's successful completion of the
12
program and all academic content assessments in the specific teaching field of the
13
applicant as designated by the Education Professional Standards Board, and upon
14
the recommendation of the employing school district.
15
(8)
Option 7: Certification of a person in a field other than education to teach in
16
elementary, middle, or secondary programs. This option shall not be limited to
17
teaching in shortage areas. An individual certified under provisions of this
18
subsection shall be issued a one (1) year provisional certificate, renewable for a
19
maximum of four (4) additional years with approval of the Education Professional
20
Standards Board.
21
(a)
The candidate shall possess:
22
1.
A bachelor's degree with a declared academic major in the area in which
23
certification is sought or a graduate degree in a field related to the area
24
in which certification is sought; and
25
2.
A minimum cumulative grade point average of two and seventy-five
26
hundredths (2.75) on a four (4) point scale or a minimum grade point
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average of three (3) on a four (4) point scale on the last thirty (30) hours
1
of credit completed, including undergraduate and graduate coursework
2
from a nationally or regionally accredited postsecondary institution.
3
(b)
Upon meeting the requirements of paragraph (a) of this subsection and
4
enrolling in an approved institute, the Education Professional Standards Board
5
shall issue the candidate a one (1) year provisional certificate or during the
6
first year of the certificate, the teacher shall complete the following:
7
1.
For elementary teaching, the individual shall successfully complete a
8
two hundred forty (240) hour institute that is an equivalent of six (6)
9
hour days for eight (8) weeks. The providers and the content of the
10
institute shall be approved by the Education Professional Standards
11
Board. The content shall include research-based teaching strategies in
12
reading and math, research on child and adolescent growth, knowledge
13
of individual differences, including teaching exceptional children, and
14
methods of classroom management.
15
2.
For middle and secondary teaching, the individual shall successfully
16
complete a one hundred eighty (180) hour institute that is an equivalent
17
of six (6) hour days for six (6) weeks. The providers and the content of
18
the institute shall be approved by the Education Professional Standards
19
Board and shall include research-based teaching strategies, research on
20
child and adolescent growth, knowledge of individual differences,
21
including teaching exceptional children, and methods of classroom
22
management.
23
(c)
The candidate shall receive a professional certificate and shall be subject to
24
certificate renewal requirements the same as other teachers with a professional
25
certificate:
26
1.
After meeting the requirements of this option;
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2.
After obtaining a passing score on the academic content assessment in
1
the area in which certification is being sought;
2
3.
After successfully completing one (1) year of teaching; and
3
4.
Upon the recommendation of the employing school district to the
4
Education Professional Standards Board.
5
(9)
Option 8: Certification of a Teach for America participant to teach in elementary,
6
middle, or high schools. Nothing in this subsection shall conflict with the
7
participation criteria of the Teach for America program. An individual certified
8
under this subsection shall be issued a one (1) year provisional certificate.
9
(a)
The candidate shall possess:
10
1.
A bachelor's degree;
11
2.
A successful completion of the summer training institute and ongoing
12
professional development required by Teach for America, including
13
instruction in goal-oriented, standards-based instruction, diagnosing and
14
assessing students, lesson planning and instructional delivery, classroom
15
management, maximizing learning for diverse students, and teaching
16
methodologies; and
17
3.
A passing score on the academic content assessment in the area in which
18
certification is being sought as designated by the Education Professional
19
Standards Board.
20
(b)
The provisional certificate granted under this subsection may be renewed two
21
(2) times with a recommendation of the superintendent and approval of the
22
Education Professional Standards Board.
23
(c)
A Teach for America participant shall be issued a professional certificate
24
upon the participant's successful completion of one (1) year of teaching and
25
the assessments relating to teaching of subject matter required by the
26
Education Professional Standards Board under KRS 161.030, and upon the
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recommendation of the employing school district to the Education
1
Professional Standards Board.
2
(d)
Notwithstanding any statute or administrative regulation to the contrary, a
3
teacher certified under this subsection shall have ten (10) years to complete a
4
master's degree or fifth year program, or the equivalent as specified by the
5
Education Professional Standards Board in administrative regulation.
6
(10) Option 9: Expedited certification of a person to teach at any grade level through a
7
cooperative program. With approval of the Education Professional Standards
8
Board, a college or university may partner with a school district to develop an
9
expedited certification program that results in a bachelor's degree and initial
10
certification within three (3) school years.
11
(a)
The program shall:
12
1.
Include a residency or paraprofessional component which employs the
13
person within the participating district for the duration of the program to
14
gain work experience to supplement the expedited program and reduced
15
coursework;
16
2.
Utilize experienced teachers employed by the district to provide
17
coaching and to mentor the candidates; and
18
3.
Be designed to meet the needs of the participating district and may
19
include an emphasis in developing a teacher pipeline for the district's
20
students, improving the numbers of underrepresented populations
21
among the district's workforce, or focusing on increasing the number of
22
teachers with certification areas that are in high demand.
23
(b)
A school district entering into a cooperative partnership shall ensure the
24
availability of funding for each candidate employed within the district in the
25
residency or paraprofessional program for the duration of the candidate's
26
participation in the program. However, nothing in this subsection shall be
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interpreted as requiring the district to continue employing the candidate
1
during the program or after the candidate has received initial certification.
2
(c)
A person who has begun a traditional path or another option for certification
3
shall be eligible to transfer into this option if the person meets the program's
4
requirements.
5
(d)
If a school district participating in a cooperative partnership determines to end
6
the partnership, the district shall no longer accept new candidates to the
7
program but shall continue the partnership until the district's employed
8
candidates for Option 9 certification complete the program or are no longer
9
employed by the district.
10
(11) A public school teacher certified under subsections (2) to (10) of this section shall
11
be placed on the local district salary schedule for the rank corresponding to the
12
degree held by the teacher.
13
(12) Subsections (1) to (3) of this section notwithstanding, a candidate who possesses
14
the following qualifications may receive certification for teaching programs for
15
exceptional students:
16
(a)
An out-of-state license to teach exceptional students; and
17
(b)
A bachelor's or master's degree in the certification area or closely related area
18
for which certification is sought.
19
Section 13. KRS 164.512 is amended to read as follows:
20
(1)
The child of a veteran, regardless of age, who has acquired a disability as a direct
21
result of the veteran's service shall be eligible to receive a waiver of tuition upon
22
admission to any state-supported university, college, or vocational training institute.
23
(2)
To be entitled to benefits under this section, the child claiming benefits must have
24
acquired a disability determined by the United States Department of Veterans
25
Affairs as compensable.
26
(3)
The parent-child relationship must be shown by birth certificate, marriage
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certificate, or other documentary evidence.
1
(4)
To entitle a child to benefit under this section, the member of the National Guard or
2
Reserve Component veteran living or deceased must be a resident or, if deceased,
3
have been a resident of the Commonwealth of Kentucky, and must have served on
4
state active duty, active duty for training, or inactive duty training or the veteran
5
must have served on active duty with the Armed Forces of the United States, and
6
the discharge must have been:
7
(a)
Under honorable conditions; or
8
(b)
Under conditions other than bad conduct or dishonorable, unless that
9
discharge was solely related to being qualified as a discharged LGBTQ
10
veteran or having a qualifying condition, and:
11
1.
The veteran has a qualifying condition as defined in Section 1 of this
12
Act; or
13
2.
The veteran is a discharged LGBTQ veteran as defined in Section 1 of
14
this Act.[ The veteran must be a resident or, if deceased, must have been
15
a resident of the Commonwealth of Kentucky.]
16
Section 14. KRS 164.515 is amended to read as follows:
17
(1)
The spouse, regardless of age, and any child, stepchild, or orphan, under the age of
18
twenty-six (26), of a permanently and totally disabled member of the Kentucky
19
National Guard or Reserve Component injured while on state active duty, active
20
duty for training, or inactive duty training, or a permanently and totally disabled
21
war veteran, or a one hundred percent (100%) service-connected disabled veteran
22
regardless of wartime service, or prisoner of war or member of the Armed Services
23
declared missing in action shall not be required to pay any matriculation or tuition
24
fees upon his or her admission to any state-supported institution of higher
25
education or to any state-supported vocational training school for a period not in
26
excess of forty-five (45) months in order to obtain a diploma, nor in excess of the
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lesser number of months required for a certificate of completion.
1
(2)
To be entitled to benefits under this section the parent or stepparent of the child
2
claiming benefits if living must be rated permanently and totally disabled for
3
pension purposes or one hundred percent (100%) disabled for compensation
4
purposes by the United States Department of Veterans Affairs or the Department of
5
Defense. If the veteran is deceased, the claim to benefits is to be based on the rating
6
held by the veteran at the time of death or if a prisoner of war or missing in action,
7
must have been declared as such by the Department of Defense. Members of the
8
Kentucky National Guard must be rated permanently and totally disabled as
9
provided in KRS Chapter 342. The parent's, stepparent's, or spouse's service and
10
rating must be evidenced by certification from the records of the Kentucky
11
Department of Military Affairs, United States Department of Veterans Affairs, or
12
the Department of Defense of the United States.
13
(3)
The parent-child relationship must be shown by birth certificate, legal adoption
14
papers, marriage certificate, or other documentary evidence. A stepchild must be a
15
member of the veteran's household. The spousal relationship must be shown by a
16
marriage certificate or other documentary evidence.
17
(4)
To entitle a spouse, child, stepchild, or orphan to benefit under this section the
18
disabled member of the National Guard or Reserve Component veteran living or
19
deceased must be a resident or, if deceased, have been a resident of the
20
Commonwealth of Kentucky, and must have served on state active duty, active
21
duty for training, or inactive duty training or active duty with the Armed Forces of
22
the United States, and his or her discharge must have been:
23
(a)
Under honorable conditions; or
24
(b)
Under conditions other than bad conduct or dishonorable, unless that
25
discharge was solely related to being qualified as a discharged LGBTQ
26
veteran or having a qualifying condition, and:
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1.
The veteran has a qualifying condition as defined in Section 1 of this
1
Act; or
2
2.
The veteran is a discharged LGBTQ veteran as defined in Section 1 of
3
this Act.[ He must be a resident or, if deceased, have been a resident of
4
the Commonwealth of Kentucky.]
5
(5)
No provision of this section shall serve to deny these benefits to an eligible spouse,
6
child, stepchild, or orphan, who enlists, or who fulfills a military obligation, in the
7
Armed Forces of the United States and is discharged under honorable conditions;
8
the period of time spent in the military service to be compensated by like time,
9
beyond the age of twenty-six (26) years if required, but not in excess of the period
10
of enrollment as set forth in subsection (1) of this section.
11
(6)
The marriage of an eligible child, stepchild, or orphan, shall not serve to deny full
12
entitlement to the benefits provided in this section.
13
Section 15. KRS 186.041 is amended to read as follows:
14
(1)
Each initial and renewal application by a person who meets the criteria of paragraph
15
(a) of this section and each initial application by a person who meets the criteria of
16
paragraph (b), (c), [or ](d), or (e) of this section for a special military license plate
17
shall be accompanied by proof as set forth in subsection (10) of this section that the
18
person is associated with the United States Army, United States Navy, United
19
States Air Force, United States Marine Corps, United States Space Force, United
20
States Coast Guard, United States Coast Guard Auxiliary, Kentucky National
21
Guard, Merchant Marines with service between December 7, 1941, and August 15,
22
1945, or Civil Air Patrol in one (1) of the following ways:
23
(a)
A member of the Armed Forces of the United States;
24
(b)
A retired member;
25
(c)
A member of the National Guard or Reserve component who has completed
26
his or her term of service, or has retired with a minimum of twenty (20) years
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of service;[ or]
1
(d)
A veteran who:
2
1.
Received a discharge under:
3
a.
Honorable conditions[, or the veteran's surviving spouse,]; or
4
b.
Conditions other than bad conduct or dishonorable, unless that
5
discharge was solely related to being qualified as a discharged
6
LGBTQ veteran or having a qualifying condition, and:
7
i.
Has a qualifying condition as defined in Section 1 of this
8
Act; or
9
ii.
Is a discharged LGBTQ veteran as defined in Section 1 of
10
this Act; and[:]
11
2.
a.[1.] Performed one hundred eighty (180) days of active-duty service;
12
b.[2.] Received an early release due to injuries or other medical
13
condition, or at the convenience of the service;
14
c.[3.] Received a hardship discharge;
15
d.[4.] Was separated or retired due to a disability; or
16
e.[5.] Was determined to have a service-connected disability incurred
17
during the enlistment; or
18
(e)
The surviving spouse of an individual who meets the criteria of paragraph
19
(a), (b), (c), or (d) of this subsection.
20
(2)
The member, retired member, veteran, reservist, or his or her spouse who is eligible
21
under subsection (9) of this section may purchase an unlimited number of special
22
military-related license plates described in subsection (1) of this section, annually
23
for vehicles they own or lease. A disabled veterans license plate shall expire on July
24
31.
25
(3)
A recipient of the Distinguished Service Cross, Navy Cross, or Air Force Cross
26
shall be eligible for a Service Cross license plate upon submission of an application
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to the Kentucky Department of Veterans' Affairs. The recipient shall be required to
1
include with the initial application for a Service Cross license plate a copy of the
2
general order that authorized the award and the recipient's Department of Defense
3
form number 214. The Department of Veterans' Affairs shall verify the
4
documentation submitted with the application for a Service Cross license plate, and
5
if the individual applying for the plate is confirmed to be a recipient of the
6
Distinguished Service Cross, Navy Cross, or Air Force Cross, the Department of
7
Veterans' Affairs shall submit the applicant's name to the Transportation Cabinet's
8
Division of Motor Vehicle Licensing not later than September 1 preceding the year
9
that the Service Cross license plate is to be initially issued or renewed. When the
10
Service Cross license plate is ready, the plate shall be sent to the county clerk in the
11
county of the applicant's residence. The Transportation Cabinet's Division of Motor
12
Vehicle Licensing shall inform each applicant in writing that the Service Cross
13
license plate is ready and may be picked up at the county clerk's office. The
14
Transportation Cabinet shall prescribe the type of application form required by this
15
subsection and shall supply the Department of Veterans' Affairs with the
16
application form required by this subsection.
17
(4)
A person who is a former prisoner of the enemy during World War I, World War II,
18
the Korean War, or the Vietnam War, or the spouse of a deceased former prisoner
19
of war, shall be eligible for a former prisoner of war license plate by submitting
20
written proof from the United States Department of Veterans Affairs or other
21
appropriate federal agency stating the period of time the person or person's spouse
22
was a prisoner of war. If a former prisoner of war dies with a vehicle licensed as
23
authorized under this section, the person's surviving spouse may retain the license
24
plate for use on the same vehicle or on another vehicle that complies with KRS
25
186.164(7).
26
(5)
A person who is certified by the Kentucky chapter of the Pearl Harbor Survivors
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Association as being a survivor of the attack on Pearl Harbor shall be eligible for a
1
Pearl Harbor license plate and shall be required to attach to the special military-
2
related license plate application written evidence from the Kentucky chapter of the
3
Pearl Harbor Survivors Association that the person:
4
(a)
Was a member of the United States Armed Forces on December 7, 1941;
5
(b)
Was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45
6
a.m., Hawaii time, at Pearl Harbor, the island of Oahu, or offshore at a
7
distance not to exceed three (3) miles;
8
(c)
Was discharged honorably from the United States Armed Forces; and
9
(d)
Is certified by the Kentucky chapter of the Pearl Harbor Survivors
10
Association.
11
(6)
A person who is eligible to receive a Gold Star Mothers, Gold Star Fathers, or Gold
12
Star Spouses license plate under KRS 186.164(15)(a) may receive up to two (2)
13
Gold Star Mothers, Gold Star Fathers, or Gold Star Spouses license plates free of
14
charge and may purchase additional license plates by paying the same fee as for
15
special military-related plates issued under KRS 186.162(2)(d) annually for
16
vehicles he or she owns or leases.
17
(7)
The surviving spouse of a Purple Heart recipient, or a Kentucky National Guard
18
member or a retired member, who possessed a vehicle licensed with the Purple
19
Heart recipient special license plate or the Kentucky National Guard special license
20
plate, may retain the license plate for use on the same vehicle or another vehicle
21
that complies with KRS 186.164(7). The surviving spouse may renew the license
22
plate indefinitely, provided the appropriate registration fee is paid annually.
23
(8)
A person who is attending or who is a graduate of the United States Air Force
24
Academy, the United States Military Academy, the United States Naval Academy,
25
the United States Coast Guard Academy, or the United States Merchant Marine
26
Academy shall be eligible for a special military service academy license plate. A
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special military service academy license plate under this subsection shall use the
1
same plate template as the standard special military license plate under subsection
2
(1) of this section, with stickers to identify the various service academies. The
3
Transportation Cabinet shall promulgate administrative regulations pursuant to
4
KRS Chapter 13A to establish the proof required to demonstrate current attendance
5
at or graduation from a service academy. An eligible applicant may receive up to
6
two (2) special military service academy license plates.
7
(9)
(a)
The legally married spouse of a member of the Armed Forces of the United
8
States who meets the criteria for a special military license plate under
9
subsection (1) of this section shall be eligible for a special military license
10
plate. A special military license plate under this subsection shall use the same
11
template as the standard special military license plate under subsection (1) of
12
this section, with a sticker identifying the plate as that of a military spouse.
13
(b)
An applicant who is eligible for a special military license plate under this
14
subsection shall present as proof of eligibility an original or copy of his or her
15
marriage certificate establishing marriage to the member of the Armed Forces
16
of the United States and an original or copy of one (1) of the following:
17
1.
His or her unexpired DD-1173 form; or
18
2.
Any identification document outlined in subsection (10) of this section
19
issued to his or her spouse.
20
(10) Prior to receiving a special military-related plate requested under subsection (1) of
21
this section, the applicant shall present as proof of eligibility, an original or copy of
22
his or her:
23
(a)
Unexpired Veteran Identification Card or Veteran Health Identification Card
24
issued by the United States Department of Veterans Affairs;
25
(b)
DD-2, DD-214, DD-256, DD-257, or NGB-22 form; or
26
(c)
Unexpired Geneva Conventions Identification Card issued by the United
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States Department of Defense.
1
Section 16. KRS 186.163 is amended to read as follows:
2
(1)
The Transportation Cabinet shall produce special military unit license plates for
3
owners and lessees of motor vehicles, motorcycles, and recreational vehicles who
4
are associated with the following units of the United States military:
5
(a)
The V Corps;
6
(b)
The 101st Airborne Division (Air Assault);
7
(c)
The 5th Special Forces Group;
8
(d)
The 160th Special Operations Aviation Regiment;
9
(e)
The United States Army Human Resources Command;
10
(f)
The United States Army Recruiting Command; or
11
(g)
The United States Army Cadet Command.
12
(2)
Each initial and renewal application for a special military unit license plate by a
13
person who meets the criteria of paragraph (a) or (b) of this subsection and each
14
initial application by a person who meets the criteria of paragraph (c), [or ](d), or
15
(e) of this subsection shall be accompanied by proof as set out in subsection (3) of
16
this section that the person is associated with one (1) of the military units identified
17
in subsection (1) of this section in one (1) of the following ways:
18
(a)
A member of the Armed Forces of the United States, the member's spouse, or
19
the member's dependent child;
20
(b)
A Department of Defense civilian employee assigned to support one (1) of the
21
military units, the employee's spouse, or the employee's dependent child;
22
(c)
A retired member;[ or]
23
(d)
A veteran who:
24
1.
Received a discharge under:
25
a.
Honorable conditions[, or the veteran's surviving spouse,]; or
26
b.
Conditions other than bad conduct or dishonorable, unless that
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discharge was solely related to being qualified as a discharged
1
LGBTQ veteran or having a qualifying condition, and:
2
i.
Has a qualifying condition as defined in Section 1 of this
3
Act; or
4
ii. Is a discharged LGBTQ veteran as defined in Section 1 of this
5
Act; and[:]
6
2.
a.[1.] Performed one hundred eighty (180) days of active military
7
service;
8
b.[2.] Received an early release due to injury or other medical condition,
9
or at the convenience of the service;
10
c.[3.] Received a hardship discharge;
11
d.[4.] Was separated or retired due to a disability; or
12
e.[5.] Was determined to have a service-connected disability incurred
13
during the enlistment; or
14
(e)
The surviving spouse of an individual who meets the criteria of paragraph
15
(a), (b), (c), or (d) of this subsection.
16
(3)
(a)
Prior to receiving a special military unit license plate requested under this
17
section, the member shall present the following as proof of eligibility an
18
original or copy of his or her:
19
1.
Unexpired Veteran Identification Card or Veteran Health Identification
20
Card issued by the United States Department of Veterans Affairs;
21
2.
DD-2, DD-214, DD-256, or DD-257 form; or
22
3.
Unexpired Geneva Conventions Identification Card issued by the United
23
States Department of Defense.
24
(b)
A civilian employee of the Department of Defense who meets the criteria for
25
a special military unit license plate under this section shall be eligible for a
26
special military unit license plate and shall present as proof of eligibility an
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original or copy of one (1) of the following:
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1.
His or her current SF 50 form; or
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2.
Other Department of Defense documentation showing current
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employment.
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(c)
The legally married spouse of a member of the Armed Forces of the United
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States or of a Department of Defense employee who meets the criteria for a
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special military unit license plate under this section shall be eligible for a
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special military unit license plate and shall present as proof of eligibility an
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original or copy of his or her marriage certificate establishing marriage to the
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member of the Armed Forces of the United States or to the Department of
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Defense employee and an original or copy of one (1) of the following:
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1.
His or her unexpired DD-1173 form;
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2.
Any identification document outlined in paragraph (a) of this subsection
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issued to his or her spouse;
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3.
A current SF 50 form issued to his or her spouse; or
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4.
Other Department of Defense documentation showing current
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employment of his or her spouse.
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(d)
The dependent child of a member of the Armed Forces of the United States or
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of a Department of Defense civilian employee who meets the criteria for a
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special military unit license plate under this section shall be eligible for a
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special military unit license plate and shall present as proof of eligibility
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establishing that he or she is a dependent child an original or copy of his or
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her birth certificate or certificate of adoption, a valid operator's license, and an
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original or copy of one (1) of the following:
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1.
Any identification document outlined in paragraph (a) of this subsection
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issued to his or her parent;
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2.
A current SF 50 form issued to his or her parent; or
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3.
Other Department of Defense documentation showing current
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employment of his or her parent.
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(4)
The member, retired member, civilian employee, spouse, or dependent child may
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purchase an unlimited number of special military unit license plates described in
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subsection (1) of this section annually for vehicles they own or lease.
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Section 17. KRS 186.416 is amended to read as follows:
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(1)
If a resident of the Commonwealth currently serving in the United States military is
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stationed or assigned to a base or other location outside the boundaries of the
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Commonwealth, the resident, or the resident's spouse or dependents, may:
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(a)
Update his or her license electronically or by mail to include a motorcycle
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operator's endorsement on an existing operator's license; or
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(b)
Renew a Class D operator's license issued under this section by mail. If the
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resident, or his or her spouse or dependents, was issued an "under 21"
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operator's license, upon the date of the license holder's twenty-first birthday,
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the "under 21" operator's license may be renewed for an operator's license that
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no longer contains the outdated reference to being "under 21."
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(2)
A resident of the Commonwealth renewing an operator's license by mail under
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subsection (1) of this section may have a personal designee apply to the cabinet on
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behalf of the resident to renew the resident's operator's license. An operator's
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license for which an endorsement is being added electronically or by mail, or which
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is being renewed by mail under subsection (1) of this section shall be issued a
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license bearing the applicant's historical photo if there is a photo on file. If there is
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no photo on file, the license shall be issued without a photograph and shall show in
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the space provided for the photograph the legend "valid without photo and
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signature."
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(3)
(a)
1.
If a resident of the Commonwealth has been serving in the United States
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military stationed or assigned to a base or other location outside the
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boundaries of the Commonwealth and has allowed his or her operator's
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license to expire, he or she shall, within ninety (90) days of returning to
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the Commonwealth, be permitted to renew his or her license without
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having to take a written test or road test.
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2.
The spouse or dependent of a person identified in subparagraph 1. of
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this paragraph shall be afforded the same consideration identified in that
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subparagraph regarding the renewal of an expired operator's license.
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(b)
A person who meets the criteria in paragraph (a) of this subsection shall not
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be convicted or cited for driving on an expired license prior to license renewal
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during the ninety (90) days after the person's return to the Commonwealth if
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the person can provide proof of his or her out-of-state service and dates of
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assignment.
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(c)
A person who meets the criteria in paragraph (a) of this subsection and who
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does not renew his or her license within ninety (90) days of returning to the
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Commonwealth shall be required to comply with the provisions of this
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chapter governing renewal of a license that has expired.
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(d)
If a resident of the Commonwealth has been issued an "under 21" or "under
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21 CDL" operator's license and the person is unable to renew the license on
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the date of his or her twenty-first birthday, the "under 21" or "under 21 CDL"
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operator's license shall be valid for ninety (90) days beyond the date of the
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person's twenty-first birthday.
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(4)
(a)
Any person who served in the active Armed Forces of the United States,
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including the Coast Guard, and any member of the National Guard or Reserve
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Component who completed the member's term of service and was released,
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separated, discharged, or retired therefrom with:[under either]
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1.
An honorable discharge;[ or ]
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2.
A general under honorable conditions discharge; or
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3.
A discharge other than a bad conduct or dishonorable discharge,
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unless that discharge was solely related to being qualified as a
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discharged LGBTQ veteran or having a qualifying condition, and:
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a.
Has a qualifying condition as defined in Section 1 of this Act; or
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b.
Is a discharged LGBTQ veteran as defined in Section 1 of this
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Act;
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may, at the time of initial application or application for renewal or duplicate,
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request that an operator's license or a personal identification card issued under
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this chapter bear the word "veteran" on the face or the back of the license or
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personal identification card.
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(b)
The designation shall be in a style and format considered appropriate by the
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Transportation Cabinet. Prior to obtaining a designation requested under this
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subsection, the applicant shall present to the cabinet as proof of eligibility, an
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original or copy of his or her:
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1.
Unexpired Veteran Identification Card or Veteran Health Identification
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Card issued by the United States Department of Veterans Affairs;
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2.
DD-2, DD-214, DD-256, DD-257, or NGB-22 form; or
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3.
Unexpired Geneva Conventions Identification Card issued by the United
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States Department of Defense.
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The cabinet shall not be liable for fraudulent or misread forms presented.
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(5)
The cabinet shall promulgate administrative regulations in accordance with KRS
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Chapter 13A to establish forms and procedures for facilitating the addition of a
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motorcycle endorsement to an existing operator's license, both electronically and by
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mail, in accordance with subsection (1) of this section.
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