Michael W. Bischoff, Legislative Agent KACP
April 16, 2008
Senate Bills enrolled/ signed by the Governor:
SB 13 (BR 308) - D. Roeding
AN ACT relating to testimony.
Amend KRS 421.350, relating to the testimony of a child victim or witness, to include violent offenses; provide that the child witness, while being exempt from attendance at trial, shall be subject to being recalled during the course of the trial to give additional testimony under the same circumstances as with any other recalled witness, provided that the additional testimony is given utilizing the same closed circuit or video tape procedure as for the original testimony.
(Prefiled by the sponsor(s).)
Nov 7-To: Interim Joint Committee on Judiciary
Jan 8-introduced in Senate; to Judiciary (S)
Feb 7-reported favorably, 1st reading, to Calendar
Feb 8-2nd reading, to Rules
Feb 11-posted for passage in the Regular Orders of the Day for Wednesday, February 13, 2008
Feb 13-3rd reading, passed 36-0
Feb 14-received in House
Feb 20-to Judiciary (H)
Mar 18-posting waived
Mar 19-reported favorably, 1st reading, to Calendar
Mar 20-2nd reading, to Rules
Mar 25-posted for passage in the Regular Orders of the Day for Wednesday, March 26, 2008
Mar 26-3rd reading, passed 99-0; received in Senate
Apr 1-enrolled, signed by President of the Senate
Apr 2-enrolled, signed by Speaker of the House; delivered to Governor
SB 16/LM (BR 442) - D. Seum
AN ACT relating to political activities of employees of cities of the first class participating in a classified service.
Amend KRS 90.220 to restrict employees in the classified service in cities of the first class activities involving ballot initiatives during work hours and using public resources; amend KRS 67C.317 to restrict police officers covered by the merit system and probationary officers from participating in activities involving ballot initiatives while on duty, in uniform, and using public resources.
SB 16 - AMENDMENTS
SFA (1/Title, D. Seum) - Make title amendment.
HFA (1, J. Vincent) - Amend to insert provision allowing police officers in cities of the second class to voluntarily agree to work alternative work schedules.
HFA (2/Title, J. Vincent) - Make title amendment.
HFA (3/Title, J. Lee) - Make title amendment.
HFA (4/P, J. Lee) - Attach provisions of HCR 8.
(Prefiled by the sponsor(s).)
Nov 7-To: Interim Joint Committee on Local Government
Jan 8-introduced in Senate; to State & Local Government (S)
Jan 30-reported favorably, 1st reading, to Calendar; floor amendment (1-title) filed
Jan 31-2nd reading, to Rules
Feb 6-posted for passage in the Regular Orders of the Day for Thursday, February 7, 2008
Feb 7-3rd reading, passed 31-5 with floor amendment (1-title)
Feb 8-received in House
Feb 12-to Local Government (H)
Mar 14-posted in committee
Mar 26-reported favorably, 1st reading, to Calendar
Mar 27-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 28, 2008
Mar 28-floor amendments (1) and (2-title) filed
Apr 14-floor amendments (3-title) and (4) filed ; 3rd reading, passed 60-37 with floor amendments (1) and (2-title) ; received in Senate
Apr 15-posted for passage for concurrence in House floor amendments (1) and (2-title) ; Senate concurred in House floor amendments (1) and (2-title) ; passed 38-0; enrolled, signed by each presiding officer; delivered to Governor
SB 46 (BR 1145) - E. Harris
AN ACT relating to crime victim testimony.
Amend KRS 421.500 and 532.055 to allow victim impact testimony from more than one family member of a deceased crime victim in the penalty phase of a trial.
Jan 8-introduced in Senate
Jan 9-to Judiciary (S)
Feb 21-reported favorably, 1st reading, to Consent Calendar
Feb 25-2nd reading, to Rules
Feb 26-posted for passage in the Consent Orders of the Day for Wednesday, February 27, 2008
Feb 27-3rd reading, passed 33-0
Feb 28-received in House
Mar 3-to Judiciary (H)
Mar 18-posting waived
Mar 19-reported favorably, 1st reading, to Calendar
Mar 20-2nd reading, to Rules
Mar 25-posted for passage in the Regular Orders of the Day for Wednesday, March 26, 2008
Mar 26-3rd reading, passed 99-0; received in Senate
Apr 1-enrolled, signed by President of the Senate
Apr 2-enrolled, signed by Speaker of the House; delivered to Governor
SB 47/LM (BR 29) - D. Ridley
AN ACT relating to health insurance for retired city of the third class police and fire department personnel and their spouses.
Amend KRS 95.624 to allow retired police and firefighters and their spouses to be provided supplemental health insurance if they are receiving Medicare benefits or are eligible to receive Medicare benefits as long as providing that insurance does not jeopardize the payment of obligations of the retirement fund of the city.
Jan 8-introduced in Senate
Jan 9-to State & Local Government (S)
Feb 13-reported favorably, 1st reading, to Consent Calendar
Feb 14-2nd reading, to Rules
Feb 15-posted for passage in the Consent Orders of the Day for Tuesday, February 19, 2008
Feb 20-3rd reading, passed 37-0; received in House
Feb 25-to Local Government (H)
Feb 29-posted in committee
Mar 4-reported favorably, 1st reading, to Calendar
Mar 5-2nd reading, to Rules
Mar 10-posted for passage in the Regular Orders of the Day for Tuesday, March 11, 2008
Mar 17-3rd reading, passed 96-0
Mar 18-received in Senate
Mar 24-enrolled, signed by President of the Senate
Apr 1-enrolled, signed by Speaker of the House; delivered to Governor
SB 57 (BR 487) - T. Buford
AN ACT relating to personal emergency response systems.
Create new sections of KRS Chapter 311A to regulate personal emergency response systems under the authority of the Kentucky Board of Emergency Medical Services; define terms; establish the promulgation of administrative regulations to supervise the duties and functions relating to personal emergency response system providers.
SB 57 - AMENDMENTS
SCS - Retain original provisions of the bill except require primary service agreements to designate primary responders to contact in the event of an emergency.
HCS/LM - Delete original provisions of the bill; create a new section of KRS Chapter 438 to define alarm system, personal emergency response system, personal emergency response system provider, customer, and responder; create a new section of KRS Chapter 438 to establish the limitations on a person performing the services of a personal emergency response system provider; create a new section of KRS Chapter 438 establishing that effective January 1, 2009, all new contracts between a personal emergency response system provider and a customer shall be in accordance with specified contract provisions requiring the customer to designate the order in which responders will be contacted in an emergency; establish options for the customer to designate a 911 center, public safety answering point, or communications center as the first and primary responder, the secondary responder, or as the primary responder in the case of no voice-to-voice contact with the customer; establish that the personal emergency response system provider shall provide a disclosure statement to the customer stating the option to designate a 911 center, public safety answering point, or communications center as the primary responder; establish the type of information that the personal emergency response system provider shall provide to a 911 center, public safety answering point, or communications center; establish that the personal emergency response system provider shall notify the responders on the customer's calling list after a 911 center, public safety answering point, or communications center has been called; establish that a personal emergency response system provider shall notify all customers with existing contracts prior to January 1, 2009 of the option to select a 911 center, public safety answering point, or communications center as the primary responder; create a new section of KRS Chapter 438 to establish guidelines relating to city, county, charter county, urban-county government, unified local government, or consolidated local governments and personal emergency response system providers; create a new section of KRS Chapter 438 to establish that this Act does not apply to specified entities; create a new section of KRS Chapter 438 establishing that the Attorney General and the county attorney shall have concurrent jurisdiction to enforce the provisions of this Act; create a new section of KRS Chapter 438 establishing a $10,000 per violation penalty for violations of this Act; and establish that this Act shall be known as the Christine Talley Act.
HFA (1, M. Harmon) - Delete prohibition against a local government imposing a tax or a licensing or franchise fee on a personal emergency response system.
Jan 8-introduced in Senate
Jan 10-to Veterans, Military Affairs, & Public Protection (S)
Jan 24-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 25-2nd reading, to Rules
Jan 29-posted for passage in the Regular Orders of the Day for Wednesday, January 30, 2008
Jan 30-3rd reading, passed 35-0 with Committee Substitute
Jan 31-received in House
Feb 5-to Licensing & Occupations (H)
Mar 14-posted in committee
Mar 19-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 20-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
Mar 25-posted for passage in the Regular Orders of the Day for Wednesday, March 26, 2008
Mar 27-3rd reading, passed 99-0 with Committee Substitute, floor amendment (1) ; received in Senate
Apr 1-to Rules (S); posted for passage for concurrence in House Committee Substitute, floor amendment (1) ; Senate concurred in House Committee Substitute, floor amendment (1) ; passed 37-0
Apr 2-enrolled, signed by each presiding officer; delivered to Governor
SB 58/LM/CI (BR 1101) - T. Buford, D. Boswell, E. Scorsone, B. Smith, D. Thayer
AN ACT relating to torture of a dog or cat.
Amend KRS 528.135 relating to torture of dog or cat, to provide that the first offense, as well as subsequent offenses, is Class D felony.
SB 58 - AMENDMENTS
HCA (1, S. Lee) - Amend to insert short title naming the bill, "Romeo's Law."
HFA (1/P, R. Crimm) - Amend KRS 525.125, 525.130, and 525.135 to require forfeiture of ownership, and restrict future ownership of animals in cruelty and torture cases.
HFA (2, J. Vincent) - Delete original penalty; revise penalty to be a class A misdemeanor if dog or cat suffers physical injury as a result of the offense and a class D felony if dog or cat suffers serious physical injury or death as a result of the offense.
Jan 8-introduced in Senate
Jan 9-to Judiciary (S)
Mar 6-reported favorably, 1st reading, to Calendar
Mar 7-2nd reading, to Rules
Mar 11-posted for passage in the Regular Orders of the Day for Wednesday, March 12, 2008
Mar 12-3rd reading, passed 36-1
Mar 13-received in House
Mar 14-to Judiciary (H)
Mar 18-posting waived
Mar 19-reported favorably, 1st reading, to Calendar with committee amendment (1)
Mar 20-2nd reading, to Rules; floor amendment (1) filed
Mar 24-floor amendment (1) withdrawn
Mar 26-posted for passage in the Regular Orders of the Day for Thursday, March 27, 2008
Apr 14-floor amendment (2) filed
Apr 15-3rd reading, passed 92-0 with floor amendment (2) ; received in Senate; posted for passage for concurrence in House floor amendment (2) ; Senate concurred in House floor amendment (2) ; passed 31-2; enrolled, signed by each presiding officer; delivered to Governor
SB 93/LM (BR 269) - R. Palmer II, E. Worley
AN ACT relating to the operation of golf carts on a public roadway.
Create a new section of KRS chapter 189 to allow local governments to adopt ordinances permitting the use of golf carts on designated public roadways under local control; define "golf cart" and "local government"; require that ordinances adopted by local governments include the issuance of a permit, the display of a sticker or permit, and the inspection by certified inspector for all golf carts operated on designated public roadways; require designated public roadways to be restricted to roadways with a speed limit of twenty-five (25) miles per hour or less; require golf carts operated on designated public roadways to display a slow moving emblem in compliance with KRS 189.820; require golf carts operated on designated public roadways to be insured in compliance with KRS 304.39-080; subject operators of golf carts on designated public roadways to the traffic regulations of KRS Chapter 189; exempt golf carts operated on designated public roadways from the title requirements of KRS 186.020, vehicle registration requirements of KRS 186.050, and emissions compliance certificates pursuant to KRS 224-20.720.
SB 93 - AMENDMENTS
SCS/LM - Retain provisions of the original bill, except define "golf cart" as having a design speed capable of not more than 35 miles per hour; increase the speed limit on roadways designated for golf cart use from 25 miles per hour to 35 miles per hour.
HCS/LM - Retain original provisions; restrict operation of golf carts to roadways within five road miles of an entrance to a golf course; change wheel requirements for golf carts from having a minimum of three wheels to having a minimum of four wheels.
Jan 17-introduced in Senate
Jan 22-to Transportation (S)
Jan 30-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 31-2nd reading, to Rules
Feb 6-posted for passage in the Regular Orders of the Day for Thursday, February 7, 2008
Feb 7-3rd reading, passed 34-1 with Committee Substitute
Feb 8-received in House
Feb 12-to Transportation (H)
Mar 14-posted in committee
Mar 18-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 19-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, March 20, 2008
Mar 21-3rd reading, passed 95-0 with Committee Substitute
Mar 24-received in Senate
Apr 1-to Rules (S); posted for passage for concurrence in House Committee Substitute ; Senate concurred in House Committee Substitute ; passed 36-0
Apr 2-enrolled, signed by each presiding officer; delivered to Governor
SB 120 (BR 1608) - T. Buford, W. Blevins Jr, J. Rhoads, D. Ridley
AN ACT relating to booster seats.
Amend KRS 189.125 to require that a child under age 7 years between 40 and 50 inches in height be secured in a child booster seat; amend KRS 189.990 relating to penalties for traffic offenses to require that a courtesy warning be issued for a first violation of the booster seat requirement; require that child restraint seat and booster seat fines are not subject to court costs, additional costs, or fees; require that seat belt violations are not subject to additional costs or fees; amend KRS 186.574 and 431.452 to conform.
SB 120 - AMENDMENTS
SCS - Amend provisions to allow courtesy warnings until 2009, to set the penalty for the offense at $30, and to allow a defendant to purchase a booster seat in lieu of paying the fine.
Jan 29-introduced in Senate
Jan 31-to Judiciary (S)
Mar 5-taken from committee; 1st reading; returned to Judiciary (S)
Mar 6-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 7-2nd reading, to Rules
Mar 11-posted for passage in the Regular Orders of the Day for Wednesday, March 12, 2008
Mar 12-3rd reading, passed 30-5-2 with Committee Substitute
Mar 13-received in House
Mar 18-to Health & Welfare (H)
Mar 24-posting waived; posted in committee
Mar 26-reported favorably, 1st reading, to Calendar
Mar 27-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 28, 2008
Apr 2-3rd reading, passed 88-8; received in Senate; enrolled, signed by each presiding officer
Apr 3-delivered to Governor
SB 125/LM (BR 1392) - D. Harper Angel, C. Borders, W. Blevins Jr, D. Boswell, G. Neal, J. Rhoads, D. Roeding
AN ACT relating to impaired adults.
Amend KRS 39F.010 to define the term "impaired adult"; amend KRS 39F.020 to require the rescue squads organized to search for a missing impaired adult to cooperate with local media outlets in notifying the public about the search; amend KRS 39F.180 to require the person managing the search or organization conducting the search for a person with a known or reported organic brain disorder including Alzheimer's disease to report the search to local media outlets in addition to the local emergency management director, local search and rescue coordinator, and duty officer of the Division of Emergency Management.
SB 125 - AMENDMENTS
SCS/LM - Retain original provisions of the bill except require that the person managing the search or organization conducting the search for a person with a known or reported organic brain disorder including Alzheimer's disease to report the search as a Golden Alert search to local media outlets in addition to the local emergency management director, local search and rescue coordinator, and duty officer of the Division of Emergency Management.
HFA (1, R. Palumbo) - Retain all provisions and define the term "local media outlet".
HFA (2, R. Palumbo) - Retain all provisions and establish title as the "Diantha Louise George Golden Alert Bill."
Jan 30-introduced in Senate
Feb 1-to Veterans, Military Affairs, & Public Protection (S)
Feb 7-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
Feb 8-2nd reading, to Rules
Feb 11-posted for passage in the Regular Orders of the Day for Wednesday, February 13, 2008
Feb 13-3rd reading, passed 37-0 with Committee Substitute
Feb 14-received in House
Feb 20-to Seniors, Military Affairs, & Public Safety (H)
Feb 28-posted in committee
Mar 12-reported favorably, 1st reading, to Calendar
Mar 13-2nd reading, to Rules
Mar 17-posted for passage in the Regular Orders of the Day for Tuesday, March 18, 2008
Mar 26-floor amendments (1) and (2) filed
Mar 28-3rd reading, passed 92-0; received in Senate
Apr 1-enrolled, signed by President of the Senate
Apr 2-enrolled, signed by Speaker of the House; delivered to Governor
SB 136 (BR 1489) - J. Westwood
AN ACT relating to civil liability for the theft of motor fuel.
Create new sections of KRS Chapter 411 to outline specific civil liability and related procedures for financial recovery after the theft of motor fuel for motor vehicles and motorboats; define "motor fuel," "retailer," "retail facility," and "vehicle"; authorize retailers to mail a notice demanding payment from the owner of a vehicle that receives motor fuel without making proper payment to the retailer; allow retailers to impose a $30 service charge in addition to recovering the cost of the motor fuel; impose a civil penalty in the amount of the greater of the price of the motor fuel or $100 if the owner has not made payment within 30 days after the notice was mailed; require that retailers conspicuously display notice of the service charge on the premises from which the motor fuel was received; forbid further collection efforts if the vehicle owner disputes the retailer's claim within the 30 days after the notice was mailed; limit retailers to collecting payment only pursuant to a court judgment once the owner has disputed the claim; indicate that civil liability under motor theft recovery statutes does not preclude other civil or criminal liability; direct the Transportation Cabinet to promulgate administrative regulations to establish a system for the release of appropriate vehicle owner personal information to retailers; forbid the disclosure of any information outside that allowed by relevant federal law; allow the cabinet to integrate motor fuel theft information system into its existing information sharing systems operated under KRS Chapter 187.
SB 136 - AMENDMENTS
SFA (1, R. Stivers II) - Insert provision requiring that the demand notice sent to the motor vehicle owner include the date and time of the alleged non-payment for the fuel.
HFA (1, R. Webb) - Retain original provisions, except require retailers to include surveillance video photographs or other photographic evidence with the notice of nonpayment sent to the owner of a vehicle for retail theft of motor fuel; delete a description of what an employee observed from the list of attachments to the notice of nonpayment; remove the retailer's ability to collect the price of motor fuel plus connected civil penalties on a disputed claim pursuant to a court judgment; grant the ability to collect the price of motor fuel only on a disputed claim through civil liability under KRS 411.095 or any other applicable law.
Feb 4-introduced in Senate
Feb 6-to Judiciary (S)
Feb 14-reported favorably, 1st reading, to Calendar
Feb 15-2nd reading, to Rules
Feb 19-posted for passage in the Regular Orders of the Day for Wednesday, February 20, 2008
Feb 20-passed over and retained in the Orders of the Day; floor amendment (1) filed
Feb 21-3rd reading, passed 36-0 with floor amendment (1)
Feb 25-received in House
Feb 28-to Judiciary (H)
Mar 4-posted in committee
Mar 18-posting waived
Mar 19-reported favorably, 1st reading, to Calendar
Mar 20-2nd reading, to Rules
Mar 24-floor amendment (1) filed
Mar 26-posted for passage in the Regular Orders of the Day for Thursday, March 27, 2008
Mar 28-3rd reading, passed 90-7 with floor amendment (1) ; received in Senate
Apr 1-to Rules (S); posted for passage for concurrence in House floor amendment (1) ; Senate concurred in House floor amendment (1) ; passed 37-0
Apr 2-enrolled, signed by each presiding officer; delivered to Governor
SB 151/LM (BR 1868) - R. Stivers II
AN ACT relating to victims of sexual offenses.
Create new sections of KRS Chapters 16, 65, 70, and 95 to prohibit law enforcement officers or a state prosecutors from requiring the victim of a sexual offense to submit to a polygraph examination as a condition precedent to the investigation or prosecution of an alleged sexual offense.
SB 151 - AMENDMENTS
HFA (1, T. Riner) - Insert provision to amend KRS 413.249 to eliminate the statute of limitations relating to civil actions arising from childhood sexual assault or childhood sexual abuse.
Feb 13-introduced in Senate
Feb 15-to Judiciary (S)
Feb 21-reported favorably, 1st reading, to Consent Calendar
Feb 25-2nd reading, to Rules
Feb 26-posted for passage in the Consent Orders of the Day for Wednesday, February 27, 2008
Feb 27-3rd reading, passed 33-0
Feb 28-received in House
Mar 3-to Judiciary (H)
Mar 4-posted in committee
Mar 26-reported favorably, 1st reading, to Calendar
Mar 27-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 28, 2008
Mar 28-floor amendment (1) filed
Apr 2-3rd reading, passed 91-3; received in Senate; enrolled, signed by each presiding officer
Apr 3-delivered to Governor
House Bills enrolled to the Governor:
HB 91 (BR 499) - M. Cherry, L. Clark, T. Edmonds, D. Graham, K. Hall, R. Henderson, M. Marzian, R. Palumbo, J. Richards, T. Riner, T. Thompson, R. Webb
AN ACT relating to the safety, learning, and well-being of students.
Amend KRS 158.440 to identify the Golden Rule as the model for improving attitude and the rule for conduct for all public school students; require school districts to have plans, policies, and procedures dealing with measures for assisting students who are engaging in disruptive and disorderly behavior, including harassment, intimidation, or bullying of another student; amend KRS 158.441 to define "harassment, intimidation, or bullying"; allow civil exchange of opinions or debate or cultural practices protected under the state or federal Constitution to be included in areas exempt from definition of "harassment, intimidation, or bullying"; amend KRS 158.148 to require school districts to formulate a code of acceptable behavior and discipline that embraces the Golden Rule as the model for improving attitude and the rule for conduct for students; require the code of acceptable behavior to prohibit harassment, intimidation, or bullying of a student and include procedures for identifying, reporting, investigating, and responding to complaints, a strategy for protecting complainants from retaliation, a process for annually discussing the code and the consequences of violating the code with students and their parents or their legal guardians; require school districts to provide training on the code of acceptable behavior to school employees who have direct contact with students, if funds are available; require district to incorporate information regarding the Golden Rule and the code of acceptable behavior in employee training manual; require school councils that are proposing to adopt an instructional program or curriculum designed to instruct students on issues regarding harassment, intimidation, or bullying to afford parents the right to inspect and review the instructional material and to address the council on the proposal prior to its adoption; offer parents and legal guardians the opportunity to opt out their students from programs or curriculum regarding harassment, intimidation, or bullying; specify that students who are opted out shall remain subject to the policy that prohibits harassment, intimidation, or bullying; amend KRS 158.150 to include the breaking of the Golden Rule through student harassment, intimidation, or bullying as a cause for suspension, expulsion, or other appropriate disciplinary action; amend 158.444 to require local school districts to report to the Kentucky Department of Education all incidents where a student has been disciplined for harassment, intimidation, or bullying three times in a single semester or where an individual has been the object of three or more documented incidents of harassment, intimidation, or bullying in a single semester; create a new section of KRS 158 to require that all student data collected that is related to harassment, intimidation, or bullying be subject to the confidentiality provisions of both the federal and the Kentucky Family Education Rights and Privacy Act and afford parents the right to inspect or challenge student records as permitted under those provisions; require individual student data collected that is related to harassment, intimidation, or bullying to be placed in the student's disciplinary record; create a new section of KRS 158 to provide immunity to school employees or students from a cause of action for damages arising from reporting in good faith a student's disruptive or disorderly behavior if school and district procedures are followed regarding the report; make technical corrections; identify this Act as The Golden Rule Act.
HB 91 - AMENDMENTS
HFA (1, D. Floyd) - Retain original provisions; require local school districts to provide training to victims of bullying for victim empowerment.
HFA (2, D. Floyd) - Require a local school district to provide information and assistance on how to respond to and avoid instances of bullying to students who have been subjected to bullying.
HFA (3, M. Cherry) - Include cyberbullying in the definition of student harassment, intimidation, or bullying; include electronic communication as a method of student harassment, intimidation, cyberbullying, or bullying.
SCS/LM/CI - Replace provisions of the bill with the following: Create a new section of KRS Chapter 158 to require school personnel to report incidents of student offenses under KRS Chapter 508, criminal harassment, or harassing communications to law enforcement, with a requirement that the incident be investigated; amend KRS 158.444 to create a data collection system for the reporting of incidents of student offenses under KRS Chapter 508, criminal harassment, or harassing communications, with monthly reporting of the number and types of incidents reported; amend KRS 158.148 to require updating of student discipline codes to include material relating the taking, reporting, or investigation of complaints of student offenses under KRS Chapter 508, criminal harassment, or harassing communications, with provision for the protection of complainants and the distribution to the updated provisions of the code to students, parents, and school personnel; amend KRS 525.070 relating to harassment to prohibit certain activity when done by a student; amend KRS 525.080 relating to harassing communication to prohibit certain activity when done by a student.
CCR - Cannot agree.
FCCR - Create a new section of KRS Chapter 158 to require school personnel to report incidents of student felony offenses under KRS Chapter 508 to law enforcement and parents of students involved; amend KRS 158.444 to require a local school district to include in its statewide data report all incidents in which a student has been disciplined by the school for a serious offense, including the nature of the offense, and all incidents in which a student has been charged criminally for any offense identified in KRS Chapter 508 or in Section 4 of this Act that occurred on school premises, on the school bus, or at school functions; require the Kentucky Department of Education to submit to the Office of Education Accountability and the Education Assessment and Accountability Review Committee an annual statistical report, rather than a monthly statistical report, to include the number and types of incidents of violence or assault against school employees and students, possession of guns or other deadly weapons on school property or at school functions, and possession or use of alcohol, prescription drugs, or controlled substances on school property or at school functions; require the annual statistical report to include monthly data and cumulative data for the reporting year; set the reporting period as an academic year, delivered by August 31 of each year; amend KRS 158.148 to require the Kentucky Department of Education, in consultation with various professional agencies, to develop or update as needed, a model policy to be distributed to schools by August 31 of each even-numbered year, beginning August 31, 2008; amend KRS 525.070 to identify specific activities done by a student as harassment; amend KRS 525.080 to identify specific activities done by a student as harassing communication.
(Prefiled by the sponsor(s).)
Jan 8-introduced in House
Jan 10-to Education (H)
Jan 14-posted in committee; posting waived
Jan 15-reported favorably, 1st reading, to Calendar
Jan 16-2nd reading, to Rules; floor amendment (1) filed
Jan 17-posted for passage in the Regular Orders of the Day for Friday, January 18, 2008
Jan 28-floor amendments (2) and (3) filed
Jan 29-3rd reading, passed 96-0 with floor amendments (2) and (3)
Jan 30-received in Senate
Feb 1-to Judiciary (S)
Mar 5-taken from committee; 1st reading; returned to Judiciary (S)
Mar 6-taken from committee; 2nd reading; returned to Judiciary (S)
Mar 13-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Thursday, March 13, 2008; 3rd reading, passed 35-0 with Committee Substitute
Mar 14-received in House; to Rules (H)
Mar 19-posted for passage for concurrence in Senate Committee Substitute
Mar 21-House refused to concur in Senate Committee Substitute
Mar 24-received in Senate
Mar 27-posted for passage for receding from Senate Committee Substitute ; Senate refused to recede from Committee Substitute ; Conference Committee appointed in Senate
Mar 28-Conference Committee appointed in House
Apr 2-Conference Committee report filed in House and Senate; Conference Committee report adopted in House and Senate; Free Conference Committee appointed in House and Senate; Free Conference Committee report filed in House and Senate; Free Conference Committee report adopted in Senate; Bill passed 30-3; bill reconsidered; Bill passed 34-2; received in House; Free Conference Committee report adopted in House; Bill passed 91-4
Apr 14-enrolled, signed by Speaker of the House
Apr 15-enrolled, signed by President of the Senate; delivered to Governor
HB 106/LM (BR 835) - M. Denham, L. Belcher, L. Combs, R. Palumbo, T. Pullin
AN ACT relating to metals.
Create new sections of KRS Chapter 433 to require junkyards and other purchasers of ferrous and nonferrous metals and objects containing ferrous and nonferrous metals to keep records of transactions, report the transactions to law enforcement, and take other actions with regard to the purchases; establish the crime of failure to maintain a register of purchases of metals and objects containing metal; establish the crime of unlawful acts relating to the purchase or disposition of metals; establish the crime of providing fraudulent identification for the sale of metals; provide that failure to keep a register of metals purchased is prima facie evidence that the purchaser knew that the purchase was in violation of KRS 514.110, relating to receiving stolen property; create a new section of KRS Chapter 15 to provide concurrent jurisdiction for investigation and prosecution of violations of purchase-of-metals laws in the Attorney General and Commonwealth's and county attorneys; amend KRS 365.990 relating to penalties for violation of consumer protection statutes to delete reference to KRS 365.250; amend KRS 365.690 to conform; repeal KRS 365.260, relating to reporting of copper purchases.
HB 106 - AMENDMENTS
HCS/LM - Retain most original provisions; delete reference to ferrous metals and replace with reference to railroad rails; add catalytic converters and returnable metal beverage containers holding more than 2 liters of liquid to material for which records shall be kept and which are subject to act; replace name and address information and description of vehicle with copying of driver's license; retain listing license plate from motor vehicle transporting the material; add that license plate information is supplied by seller; delete signed certificate of ownership; delete provision prohibiting purchase from seller who appears to be intoxicated or under influence of drugs; make submission of daily records to law enforcement agency contingent on written request from law enforcement agency; permit records to be maintained or transmitted in digital format; delete prohibition against cash transactions; reduce from five to three business days material shall be retained in its original form; allow for digital photographs of material; require reasonable cause for peace officer to inspect material or request retention of material believed to be stolen; reduce from five to two years all record retention requirements; exempt items pawned, purchased, or sold by licensed pawnbrokers in the course of their business, purchases made under contract with commercial sellers, purchases made under contract with charitable organizations, and flea market sales from act; delete section specifying failure to keep register is prima facie evidence of knowingly receiving stolen property; require Department of Kentucky State Police to provide record forms in both paper and electronic formats; permit local governments to have ordinances which are stricter than state law but which include all of the elements of the state law.
HFA (1, J. Hoover) - Amend to specifically exempt ferrous metals, exceptions.
SCS/LM - Insert new provision prohibiting the sale of beer kegs to recyclers or dealers in scrap metals except by the originating brewery, with a $1,000 fine for a violation.
(Prefiled by the sponsor(s).)
Jan 8-introduced in House
Jan 10-to Judiciary (H)
Jan 14-posted in committee
Mar 5-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 6-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 7, 2008
Mar 12-floor amendment (1) filed to Committee Substitute
Mar 14-3rd reading, passed 91-0 with Committee Substitute, floor amendment (1)
Mar 17-received in Senate
Mar 25-to Judiciary (S); taken from committee Judiciary (S); 1st reading; returned to Judiciary (S)
Mar 26-taken from committee Judiciary (S); 2nd reading; returned to Judiciary (S)
Mar 27-reported favorably, to Rules with Committee Substitute as a Consent Bill
Apr 2-posted for passage in the Consent Orders of the Day for April 2, 2008; 3rd reading, passed 37-0 with Committee Substitute ; received in House; to Rules (H); taken from Rules; posted for passage for concurrence in Senate Committee Substitute ; House concurred in Senate Committee Substitute ; passed 93-0; enrolled, signed by each presiding officer; delivered to Governor
HB 110 (BR 900) - C. Siler, T. Moore, E. Ballard, D. Butler, J. Greer, C. Miller, T. Thompson
AN ACT relating to the misuse of military status.
Create a new section of KRS Chapter 519 to establish the offense of misuse of military status and make it a Class A misdemeanor.
HB 110 - AMENDMENTS
HCS - Create a new section of KRS Chapter 434 to prohibit a person from misrepresenting military status with the intent to defraud, obtain employment, or be elected or appointed to public office; exempt from penalty individuals using militaria for historical, dramatic, ceremonial, recruitment, and other purposes; establish penalties including a violation, fines, or imprisonment in a county jail; establish that fines assessed as penalties shall be deposited with the veterans program trust fund; title the bill the Kentucky Stolen Valor Act; amend KRS 186.210 to prohibit making false statements in application for a military license plate; amend KRS 186.990 to conform.
HFA (1, T. Pullin) - Amend to require that bill be referred to as the "Kentucky Stolen Valor Act."
(Prefiled by the sponsor(s).)
Jan 8-introduced in House; to Seniors, Military Affairs, & Public Safety (H)
Feb 4-posted in committee
Feb 6-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 7-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 8, 2008
Feb 8-floor amendment (1) filed to Committee Substitute
Feb 14-3rd reading, passed 98-0 with Committee Substitute, floor amendment (1)
Feb 15-received in Senate
Feb 20-to Veterans, Military Affairs, & Public Protection (S)
Feb 28-reported favorably, 1st reading, to Consent Calendar
Feb 29-2nd reading, to Rules
Mar 3-posted for passage in the Consent Orders of the Day for Tuesday, March 4, 2008
Mar 4-3rd reading, passed 38-0
Mar 5-received in House
Mar 7-enrolled, signed by Speaker of the House
Apr 1-enrolled, signed by President of the Senate; delivered to Governor
HB 168 (BR 460) - T. Thompson, T. Couch, M. Denham, T. Edmonds, J. Glenn, J. Greer, T. McKee, T. Moore, J. Stewart III, B. Yonts
AN ACT relating to operator's licenses.
Amend KRS 186.412, regarding motor vehicle operator's licenses, to clarify that a member of the military returning to the Commonwealth from out-of-state duty whose operator's license has expired while away shall not be cited or convicted for driving on an expired license within 90 days of return to the state if the person can provide proof of out-of-state service and dates of assignment; amend KRS 36.450, regarding licenses and certificates issued to members of the military, to conform.
HB 168 - AMENDMENTS
HCS - Retain original provisions; make technical correction.
(Prefiled by the sponsor(s).)
Jan 8-introduced in House
Jan 9-to Seniors, Military Affairs, & Public Safety (H)
Jan 15-posting waived; posted in committee
Jan 16-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 17-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, January 18, 2008
Jan 23-3rd reading, passed 97-0 with Committee Substitute
Jan 24-received in Senate
Jan 28-to Transportation (S)
Feb 13-reported favorably, 1st reading, to Calendar
Feb 14-2nd reading, to Rules
Feb 15-posted for passage in the Regular Orders of the Day for Wednesday, February 20, 2008
Feb 20-3rd reading, passed 37-0; received in House
Feb 21-enrolled, signed by each presiding officer; delivered to Governor
Feb 26-signed by Governor (Acts Ch. 2)
HB 170/LM/CI (BR 462) - T. Thompson, J. Glenn, R. Henderson, D. Osborne
AN ACT relating to motor vehicle accidents.
Amend KRS 189.990 to increase the penalty to a Class D felony for leaving the scene of an accident where the driver knew or should have known death or serious physical injury is involved.
HB 170 - AMENDMENTS
HFA (1, T. Riner) - Replace the Class D penalty provided for in the bill with a mandatory 1 year jail term and a mandatory $10,000 fine, with a provision that the fine may be reduced by $10 for every hour spent performing community service work.
SFA (1/Title, R. Jones II) - Make title amendment.
SFA (2, R. Jones II) - Attach provisions of SB 71, which would amend KRS 189A.010 to establish a per se violation of the DUI statute if the driver has at least a certain amount of a controlled substance in the urine or blood; create a rebuttable presumption; reduce the alcohol concentration from 0.18 to 0.15 for an aggravating circumstance; amend KRS 189A.105 to delete statutory right of DUI suspects to make telephonic communication with an attorney upon arrest; lower the alcohol percentage from 0.18 to 0.15 for increased penalties.
(Prefiled by the sponsor(s).)
Jan 8-introduced in House
Jan 11-to Judiciary (H)
Mar 4-posted in committee
Mar 7-reported favorably, 1st reading, to Calendar
Mar 10-2nd reading, to Rules
Mar 11-posted for passage in the Regular Orders of the Day for Wednesday, March 12, 2008
Mar 12-floor amendment (1) filed
Mar 13-3rd reading, passed 94-1
Mar 14-received in Senate
Mar 18-to Judiciary (S)
Mar 24-taken from committee Judiciary (S); 1st reading; returned to Judiciary (S)
Mar 25-taken from committee Judiciary (S); 2nd reading; returned to Judiciary (S)
Mar 27-reported favorably, to Rules as a Consent Bill; floor amendments (1-title) and (2) filed
Mar 28-floor amendments (1-title) and (2) withdrawn
Apr 15-posted for passage in the Consent Orders of the Day for Tuesday, April 15, 2008; 3rd reading; floor amendments (1-title) and (2) withdrawn ; passed 38-0; received in House; enrolled, signed by each presiding officer
HB 202/LM (BR 1003) - S. Westrom, J. Richards, J. Tilley
AN ACT relating to alcoholic beverages.
Create a new section of KRS Chapter 243 to ban the sale, purchase, or use of an alcohol vaporizing device except by certain individuals and institutions; amend KRS 241.010 to define "alcohol vaporizing device"; amend KRS 243.990 to provide penalties for violation of the new section of KRS Chapter 243.
HB 202 - AMENDMENTS
SCS/LM - Include provision that to exempt devices used in manufacturing and which do not produce vapor intended for human consumption.
SCA (1/Title, R. Stivers II) - Make title admendment.
SFA (1, T. Buford) - Insert new provision prohibiting the sale of beer kegs to recyclers or dealers in scrap metals except by the originating brewery, with a $1,000 fine for a violation.
Jan 8-introduced in House
Jan 10-to Judiciary (H)
Feb 14-posted in committee
Feb 19-reported favorably, 1st reading, to Calendar
Feb 20-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 21, 2008
Feb 21-3rd reading, passed 91-1
Feb 25-received in Senate
Feb 27-to Judiciary (S)
Mar 13-reported favorably, 1st reading, to Calendar
Mar 14-2nd reading, to Rules
Mar 18-recommitted to Judiciary (S)
Mar 20-reported favorably, to Rules with Committee Substitute, committee amendment (1-title) ; floor amendment (1) filed to Committee Substitute
Mar 27-posted for passage in the Consent Orders of the Day for Thursday, March 27, 2008; 3rd reading; floor amendment (1) withdrawn ; passed with 38-0 Committee Substitute, committee amendment (1-title)
Mar 28-received in House; to Rules (H); posted for passage for concurrence in Senate Committee Substitute, committee amendment (1-title)
Apr 1-House concurred in Senate Committee Substitute, committee amendment (1-title) ; passed 90-1; enrolled, signed by each presiding officer; delivered to Governor
HB 211/FN/CI (BR 195) - J. Wayne, J. Jenkins, L. Belcher, S. Brinkman, T. Burch, L. Clark, T. Couch, R. Crimm, R. Damron, B. DeWeese, M. Dossett, T. Edmonds, C. Embry Jr, T. Firkins, D. Graham, K. Hall, R. Henderson, M. Henley, C. Hoffman, D. Horlander, T. Kerr, A. Koenig, S. Lee, M. Marzian, R. Meeks, C. Miller, R. Mobley, B. Montell, T. Moore, D. Osborne, D. Owens, R. Palumbo, S. Riggs, T. Riner, S. Santoro, A. Simpson, D. Sims, G. Stumbo, T. Thompson, J. Tilley, A. Webb-Edgington, S. Westrom, A. Wuchner, B. Yonts
AN ACT relating to crimes and punishments.
Amend KRS 510.110, relating to sexual abuse in the first degree, to prohibit any person over the age of 21 from subjecting a minor under the age of 16 to sexual contact or engaging in masturbation in the minor's presence, and to prohibit a person in a position of authority or special trust from engaging in the same prohibited acts with a minor under the age of 18, make these acts Class D or Class C felonies, depending on the age of the victim; amend KRS 510.120, relating to sexual abuse in the second degree, to prohibit any person who is 18 to 20 years old from subjecting another person who is less than 16 to sexual contact and create a defense when the accused and the other person are close in age and the sexual contact was otherwise consensual; amend KRS 510.130, relating to sexual abuse in the third degree, to create a defense when the accused is less than 18 years old, the other person is close in age to the accused, and the sexual contact was otherwise consensual; amend KRS 620.030 to increase penalties for intentionally failing to report that a child is dependent, neglected, or abused; amend KRS 620.990 to conform; amend KRS 500.050 to increase the criminal statute of limitations for misdemeanor sexual offenses when the victim is under the age of 18.
HB 211 - AMENDMENTS
HCS/FN/CI - Amend KRS 620.030 to provide an exception under the duty to report dependency, neglect, and abuse for communications between an attorney and client, and between a priest and penitent.
HFA (1, J. Wayne) - Amend KRS 510.110, relating to sexual abuse in the first degree, to prohibit any person over the age of 21 or any person in a position of authority or position of special trust from engaging in certain sex acts while communicating with a minor under the age of 16 using an electronic communication device.
Jan 8-introduced in House
Jan 11-to Judiciary (H)
Feb 14-posted in committee
Feb 20-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 21-2nd reading, to Rules
Feb 25-posted for passage in the Regular Orders of the Day for Tuesday, February 26, 2008
Feb 27-floor amendment (1) filed to Committee Substitute
Feb 28-3rd reading, passed 96-0 with Committee Substitute, floor amendment (1)
Feb 29-received in Senate
Mar 4-to Judiciary (S)
Mar 24-taken from committee Judiciary (S); 1st reading; returned to Judiciary (S)
Mar 25-taken from committee Judiciary (S); 2nd reading; returned to Judiciary (S)
Mar 27-reported favorably, to Rules as a Consent Bill
Apr 2-posted for passage in the Consent Orders of the Day for April 2, 2008; 3rd reading, passed 37-0; received in House; enrolled, signed by each presiding officer; delivered to Governor
HB 365/LM (BR 1447) - M. Marzian
AN ACT relating to compensatory leave time for city employees.
Amend KRS 337.285, relating to compensatory leave time, to include city employees in these requirements.
HB 365 - AMENDMENTS
HCS/LM - Amend definition at KRS 337.285(11) to include city (along with county) employee eligibility for compensatory leave time.
HCA (1/Title, M. Marzian) - Make title amendment.
Jan 24-introduced in House
Jan 25-to Local Government (H)
Feb 8-posted in committee
Feb 12-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
Feb 13-2nd reading, to Rules
Feb 14-posted for passage in the Regular Orders of the Day for for Friday, February 15, 2008
Mar 3-3rd reading, passed 93-1 with Committee Substitute, committee amendment (1-title)
Mar 4-received in Senate
Mar 6-to State & Local Government (S)
Mar 19-reported favorably, 1st reading, to Consent Calendar
Mar 20-2nd reading, to Rules
Mar 26-posted for passage in the Consent Orders of the Day for Wednesday, March 26, 2008; 3rd reading, passed 36-0
Mar 27-received in House; enrolled, signed by Speaker of the House
Apr 1-enrolled, signed by President of the Senate; delivered to Governor
HB 384/LM/CI (BR 963) - S. Westrom, D. Owens, R. Crimm
AN ACT relating to status offenders.
Amend and create various provisions within the Unified Juvenile Code to establish requirements for the detention of status offenders, establish a process to notify the Department for Community Based Services when a status offender has been detained, and make technical corrections; amend KRS 31.200, 31. 110, 164.2847, 605.090, 610.080, 610.255, 610.330 and 620.155 to conform.
HB 384 - AMENDMENTS
HCS/LM/CI - Make technical corrections and include amendment to KRS 244.085 and 244.990 to provide that certain alcohol offenses committed by person under age of 18 shall be a status offense and under jurisdiction of juvenile session of District Court or family division of Circuit Court.
HCA (1/Title, S. Westrom) - Make title amendment.
SCA (1, R. Stivers II) - Makes technical correction.
Jan 28-introduced in House
Jan 29-to Judiciary (H)
Feb 26-posting waived
Feb 27-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
Feb 28-2nd reading, to Rules
Mar 3-posted for passage in the Regular Orders of the Day for Tuesday, March 4, 2008
Mar 4-3rd reading, passed 91-3 with Committee Substitute, committee amendment (1-title)
Mar 5-received in Senate
Mar 7-to Judiciary (S)
Mar 20-reported favorably, 1st reading, to Calendar with committee amendment (1)
Mar 21-2nd reading, to Rules
Apr 2-posted for passage in the Regular Orders of the Day for April 2, 2008; 3rd reading, passed 35-0 with committee amendment (1) ; received in House; to Rules (H); taken from Rules; posted for passage for concurrence in Senate committee amendment (1) on April 2, 2008; House concurred in Senate committee amendment (1) ; passed 94-0; enrolled, signed by each presiding officer; delivered to Governor
HB 639 (BR 542) - R. Damron
AN ACT relating to permitted uses of proceeds from the auction of confiscated firearms.
Amend KRS 16.220, relating to the public auction of confiscated firearms, to add the State Police and other state agencies to agencies permitted to receive funds for the purchase of body armor; require requests for the purchase of protective vests to take precedence over requests to purchase firearms and ammunition; permit residual funds to be used for the purchase of electronic control devices, electronic control weapons, or electro-muscular disruption technology, including Tasers.
HB 639 - AMENDMENTS
HCS - Retain original provisions except change the jurisdiction for the program from the Governor's Office for Local Development to the Kentucky Office of Homeland Security; add as participants in the program the Department of Kentucky State Police, unified counties, and consolidated local governments as participants in the program; change the reference relating to the Bureau of Alcohol, Tobacco, and Firearms from the U.S. Department of the Treasury to the U.S. Department of Justice to reflect federal reorganization of the agency.
SCS/LM - Retain provisions relating to the sale of confiscated firearms and permitting the purchase of electronic disruption (Taser) weapons, delete Department of Finance from sales provisions, require Department of Kentucky State Police to sell confiscated weapons at auction, permit Department of Kentucky State Police to retain 20 percent of gross proceeds from sales for departmental use; add amendment of KRS 237.110 relating to concealed deadly weapons to permit aliens who are legally in the United States and who are permitted by federal law to purchase firearms to obtain a Kentucky concealed deadly weapon license, require enhanced record federal checks by Department of Kentucky State Police on aliens who apply for a concealed deadly weapon license.
SCA (1/Title, D. Thayer) - Make title amendment.
Feb 26-introduced in House
Feb 27-to State Government (H)
Mar 4-posted in committee
Mar 6-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 7-2nd reading, to Rules
Mar 10-posted for passage in the Regular Orders of the Day for Tuesday, March 11, 2008
Mar 11-3rd reading, passed 92-3 with Committee Substitute
Mar 12-received in Senate
Mar 14-to State & Local Government (S)
Mar 24-taken from committee State & Local Government (S); 1st reading; returned to State & Local Government (S)
Mar 25-taken from committee State & Local Government (S); 2nd reading; returned to State & Local Government (S)
Mar 26-reported favorably, to Rules with Committee Substitute, committee amendment (1-title) as a Consent Bill
Mar 27-posted for passage in the Consent Orders of the Day for Thursday, March 27, 2008; 3rd reading, passed 37-1 with Committee Substitute, committee amendment (1-title)
Mar 28-received in House; to Rules (H)
Apr 1-posted for passage for concurrence in Senate Committee Substitute, committee amendment (1-title)
Apr 2-House concurred in Senate Committee Substitute, committee amendment (1-title) ; passed 90-4; enrolled, signed by each presiding officer; delivered to Governor
HB 696 (BR 541) - W. Coursey, A. Webb-Edgington, J. Greer, S. Santoro
AN ACT relating to vehicle accident reports.
Amend KRS 189.635 to clarify that accident reports are not public records; allow a limited exemption to the prohibition on commercial distribution of accident reports to allow sharing with entities that collect vehicle accident data to give consumers a means of determining a vehicle's accident history and allow contracting with an entity to provide electronic accident reports to some entities also are eligible to receive them; require the department to promulgate administrative regulations regarding fees for accident reports provided under this section.
HB 696 - AMENDMENTS
HFA (1, W. Coursey) - Amend to provide that a copy of an accident report shall be available without subpoena to any party to litigation when the request is filed with a copy of the first page of the complaint that is stamped by the court clerk.
SCS - Retain the provisions of the GA copy, except allow accident reports to be available to insurers of their written designee for insurance business purposes.
Apr 2-3rd reading, passed with Committee Substitute
Mar 3-introduced in House
Mar 4-to Seniors, Military Affairs, & Public Safety (H); posting waived
Mar 5-reported favorably, 1st reading, to Calendar
Mar 6-2nd reading, to Rules
Mar 10-posted for passage in the Regular Orders of the Day for Tuesday, March 11, 2008; floor amendment (1) filed
Mar 11-3rd reading, passed 94-1 with floor amendment (1)
Mar 12-received in Senate
Mar 14-to Transportation (S)
Mar 27-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
Mar 28-2nd reading, to Rules
Apr 2-posted for passage in the Consent Orders of the Day for April 2, 2008; 3rd reading, passed 38-0 with Committee Substitute ; received in House; to Rules (H)
Apr 14-taken from Rules; posted for passage for concurrence in Senate Committee Substitute ; House concurred in Senate Committee Substitute ; passed 94-4; enrolled, signed by Speaker of the House
HB 765/LM (BR 1139) - T. Pullin, J. Greer
AN ACT relating to methamphetamine contamination.
Amend KRS 224.01-410 to define "clandestine methamphetamine lab," "contaminated property," and "decontamination standards"; permit the Environmental and Public Protection Cabinet to establish a tiered response system for methamphetamine-contaminated properties and to promulgate administrative regulations for decontamination standards; require local or state law enforcement to conduct the initial sampling of an inhabitable property site and direct the Department of the State Police to promulgate administrative regulations; permit the property owner of a inhabitable property site to consult decontamination and remediation service providers not listed on the cabinet's certified contractor list, if the initial sampling result is not assessed as a Tier 3 or higher contamination; require that inhabitable property not be deemed habitable unless the decontamination standard is met; require the cabinet to promulgate administrative regulations to create the tiered response system for methamphetamine-contaminated properties; clarify the mechanisms of financial assurance used by certified contractors; require local law enforcement officials or other peace officers to post the notice of quarantine on inhabitable properties under administrative regulations promulgated by the Department of Health and at the request of the state or local health department; require any owner of contaminated property to disclose contamination prior to leasing, renting, or selling property; require the cabinet to make information about federal income tax deductions or credits available to owners of property damaged due to crime; and amend KRS 198A.040 to require the Kentucky Housing Corporation to report to the LRC about their program to assist people of lower and moderate income from the costs associated with assessment and decontamination services.
HB 765 - AMENDMENTS
HCS/LM - Retain original provisions except, amend KRS 224.01-410 to allow local health departments from consolidated local governments and urban-county governments to collect samples for testing instead of local or state law enforcement agencies; require law enforcement to consult with the Environmental and Public Protection Cabinet when a Tier 4 contaminated property is discovered; require all contaminated property to meet a Tier 1 cleanup response and to require property owners to certify cleanup to the cabinet; require a $100,000 surety bond or other financial assurances for certified contractors doing Tier 2 or 3 cleanup and a $250,000 surety bond or other financial assurance for Tier 4 cleanup, and allow the surety bond or other financial incentives to be aggregated; grandfather in all contractors already certified by the cabinet; and amend KRS 224.99-010 to make anyone who removes a methamphetamine contamination notice guilty of a Class A misdemeanor and to make anyone who leases, rents, or sells contaminated property without written notice guilty of a Class D felony.
HFA (1
