05RS HB184


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HB 184 (BR 1002) - T. Feeley, T. Pullin

     AN ACT relating to the Commonwealth postsecondary education prepaid tuition trust fund.
     Amend KRS 164.746 to delete language requiring the Office of the Treasurer and the Kentucky Higher Education Assistance Authority (KHEAA) to jointly market the Commonwealth prepaid tuition plan and the Kentucky Education Savings Plan Trust; amend KRS 164.748 to add to the powers of the KHEAA board of directors the authority to act as the board of directors of the Commonwealth postsecondary education prepaid tuition trust fund (the fund); amend KRS 164A.700 to change the definitions of "board," "office," "tuition," and "qualified beneficiary"; amend KRS 164A.701 to move the fund from the Office of the Treasurer to KHEAA for administrative and reporting purposes; establish that the fund shall be governed and administered as a separate instrumentality of the Commonwealth; establish that all moneys received by the fund are be trust funds to be used only for authorized payments and administrative expenses; establish that obligations under a prepaid tuition contract are not an obligation of KHEAA, and shall be payable solely from the fund; require the facilities of KHEAA rather than the Office of the State Treasurer be used to administer the fund; set forth the types of securities in which assets of the fund may be invested, and prohibit leveraging; permit the board to receive all funds from legal sources determined to be applicable to the purposes of the fund; transfer the prepaid postsecondary tuition administrative account from the Office of the State Treasurer to KHEAA; establish that all expenses of the fund shall be payable from the administrative account and that no expenses shall be incurred by KHEAA beyond those for which funds are provided; amend KRS 164A.704 to require the annual actuarial analysis to be conducted by a nationally recognized independent actuary; require the board to adjust the price of new prepaid tuition contracts and permit the board to suspend the sale of new contracts if necessary to restore the actuarial soundness of the fund; clarify that existing contracts shall be serviced and honored if sales of new contracts are suspended; establish that board members or officers or employees of KHEAA or the Tuition Account Program Office shall not be subject to any personal liability for issuing or executing a prepaid tuition contract; amend KRS 164A.707 and 164A.709 to conform; repeal KRS 41.025 and 164A.703; effective July 1, 2005.


     SFA (1/Title, J. Denton) - Make title amendment.

     SFA (2, J. Denton) - Attach provisions of SB 189/GA; clarify that a school district and its employees have immunity from any injury sustained by a student from any reaction to any hypoglycemic or seizure medications or its administration, and that a parent shall hold harmless the school and its employees against any claims made for any reaction to any medications or the administration thereof to treat a hypoglycemic episode or seizure; add that Glucagon may be administered at school for hypoglycemia or other conditions noted in the health care practitioner's written statement.

     Feb 1-introduced in House
     Feb 2-to Education (H)
     Feb 3-posted in committee
     Feb 9-reported favorably, 1st reading, to Calendar
     Feb 10-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 11, 2005
     Feb 14-3rd reading, passed 93-1
     Feb 15-received in Senate
     Feb 18-to Appropriations and Revenue (S)
     Feb 28-taken from committee; laid on clerk's desk; taken from clerk's desk; 1st reading; returned to Appropriations and Revenue (S)
     Mar 2-taken from committee; laid on clerk's desk; taken from clerk's desk; 2nd reading; returned to Appropriations and Revenue (S)
     Mar 3-reported favorably, to Rules
     Mar 4-floor amendments (1-title) and (2) filed
     Mar 8-posted for passage in the Regular Orders of the Day for Tuesday, March 8, 2005; 3rd reading; floor amendments (1-title) and (2) withdrawn; passed 32-2; received in House; enrolled, signed by each presiding officer; delivered to Governor
     Mar 18-signed by Governor (Acts ch. 162)

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