2008 House Bills of Interest to Law Enforcement
HB 20/AA (BR 1001) - D. Graham
AN ACT relating to in the line of duty retirement benefits.
Amend KRS 16.601 and 61.621 to increase death in the line of duty benefits to 50% of the member's monthly final rate of pay for current and future surviving spouses; provide increase for current surviving effective August 1, 2008.
HB 24 (BR 96) - J. DeCesare
AN ACT relating to emergency vehicles.
Amend KRS 189.940 to exempt certified peace officers from certain traffic regulations without using warning signals if they are responding to a situation where use of warning signals can inappropriately alert a suspected violator to the presence of the certified peace officer; require that the certified peace officer operating without warning signals under this section utilize due care in protecting the safety of motorists and pedestrians; amend KRS 189.993 to conform.
HB 25/CI (BR 97) - J. DeCesare, D. Floyd, C. Embry Jr, M. Harmon, A. Wuchner
AN ACT relating to driving under the influence.
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; name the Act the Martin Mitchell Act.
HB 28 (BR 165) - M. Henley
AN ACT relating to driving under the influence.
Amend KRS 189A.103, relating to blood testing for the purpose of determining alcohol concentration or presence of a substance which may impair one's driving ability, to require that tests are performed using accepted medical practices; add paramedics to those authorized to perform tests
HB 30/LM/CI (BR 169) - J. Richards
AN ACT relating to driving under the influence.
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; name the Act the Martin Mitchell Act.
HB 31/LM (BR 53) - R. Wilkey
AN ACT relating to criminal record expungement.
Create a new section of KRS Chapter 533 to allow persons convicted of one Class D felony or a series of Class D felonies arising out of a single event to petition to have their records expunged; amend KRS 431.078, relating to misdemeanor expungements, to change the application fee from $25 to $50 dollars and to begin the five-year waiting period from the date of adjudication of the offense; amend KRS 527.040 to exempt individuals who have had their records expunged from the statute on a felon in possession of a firearm; create a new section of KRS Chapter 533 to require the Administrative Office of the Courts to keep a confidential index of expungement orders for utilization in the preparation of presentence investigations.
HB 40/LM/CI (BR 132) - M. Harmon
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, including "personal emergency response system"; set out basic necessary duties of the board, including the addition of personal emergency response system data in emergency run report forms developed under KRS 311A.190; require that providers be licensed to provide personal emergency response systems; institute an emergency 911 response protocol for unanswered voice-to-voice communication responses to customers; list information necessary for basic applications and for notification of the creation of branch offices; establish minimum criteria to apply for a manager's license; forbid the issuance of a license unless the applicant has specified liability insurance; limit local government regulation of personal emergency response systems to charges for use of a police central alarm installation, inspection fees, or discontinuance in the case of multiple false alarms; mandate certification for various key employees of alarm system company licensees; ensure confidentiality of alarm system records; allow local governments to provide personal emergency response systems under specified circumstances; establish controlling sections regarding license and certification renewal, continuing education, and penalties; list exemptions from regulation, including on-duty government employees and certain peace officers; grant the board power to discipline licensees, probate licenses, and seek civil penalties, in conjunction with the Attorney General if desired; set types of offenses and severity of criminal punishments; create administrative procedures and penalties against violators; establish rights of appeal, including staying enforcement of the penalty; direct that combined new sections be known as the "Christine Talley Act"; amend KRS 311A.055 to add personal emergency response system providers to the group subject to discipline by the emergency medical services board; direct that if the emergency services discipline conflicts with the specific personal emergency response system providers discipline, the latter takes precedence; amend KRS 311A.060 to include personal emergency response system providers among those subject to stated penalties imposed by the emergency medical services board; amend KRS 311A.095 to make licensure and certification renewal rules of the emergency medical services board apply to personal emergency response system providers; and amend KRS 311A.125 to allow the emergency medical services board to establish continuing education requirements for personal emergency response system providers.
HB 42 (BR 248) - R. Crimm
AN ACT relating to animals.
Amend KRS 525.125, 525.130, and 525.135 to forfeit ownership of animals involved in cruelty and torture cases, and prohibit ownership and possession of animals of the same species for two years; establish penalties for violations; allow exception under KRS 525.130 for livestock and poultry used in the business of agriculture.
HB 53/LM/AA (BR 381) - M. Cherry, D. Graham
AN ACT relating to retirement.
Amend KRS 61.510 to extend the high-three final compensation window set to expire January 1, 2009, for those state employees eligible for the benefit based upon service credit as of December 31, 2008; amend KRS 61.595 to extend the 2.2 percent benefit factor window set to expire January 31, 2009, for those state employees eligible for the benefit based upon service credit as of December 31, 2008; amend KRS 78.510 to extend the high-three final compensation window set to expire January 1, 2009, for those county employees eligible for the benefit based upon service credit as of December 31, 2008.
HB 55 (BR 117) - T. Burch
AN ACT relating to booster seats.
Amend KRS 189.125 to require that a child under age 8 years and between 40 and 57 inches in height be secured in a child booster seat; amend KRS 189.990 relating to penalties for traffic offenses to specify that child restraint seat and booster seat fines are not subject to court costs, additional costs, or fees; specify that seat belt violations are not subject to additional costs or fees.
HB 56/LM (BR 202) - T. Burch
AN ACT relating to the operation of a motor vehicle.
Create a new section of KRS Chapter 189 to define the term "wireless communication device"; prohibit the use of wireless communication device by the operator of a motor vehicle with limited exceptions; amend KRS 189.990 to provide for a warning for first violation and set fine for subsequent violations at between $20 and $100.
HB 62/LM/CI (BR 260) - B. Montell
AN ACT relating to crimes and punishments.
Amend KRS 511.040 relating to burglary in the third degree to increase the penalty where the offense involves the theft of a controlled substance or the theft of ephedrine, pseudoephedrine, or phenylpropanolamine.
HB 77 (BR 470) - M. Henley
AN ACT relating to animal cruelty.
Amend KRS 525.125, 525.130, and 525.135 to require the offender to pay reasonable and necessary maintenance expenses for care of animals involved in cruelty and torture cases; amend KRS 436.605 to require a court, upon petition, to conduct forfeiture hearing and, except for good cause, require defendant to post surety for expenses related to animals care or forfeit animal.
HB 78 (BR 492) - M. Henley
AN ACT relating to crimes and punishments.
Amend KRS 523.110 relating to giving a false name or address to a peace officer to delete the requirement that the officer first warn the person that the giving of false information constitutes a criminal offense.
HB 95/LM/CI (BR 283) - R. Nelson
AN ACT relating to unauthorized aliens.
Create a new section of KRS Chapter 15 to allow local law enforcement agencies to enter into agreements with the federal government to enforce immigration law; create a new section of KRS Chapter 16 to require the State Police to enter into an agreement with the federal government to enforce immigration law and to form a Kentucky State Police Illegal Alien Task Force; Create several new sections of KRS Chapter 337 to prohibit employers from employee illegal aliens, to create a graduated loss of business license or charter scheme for those found to have done so after January 1, 2009, and to require utilization of a federal work authorization verification system; amend KRS 514.160 to include with the offense of identity theft the theft of identity by an unauthorized alien for the purpose of obtaining employment; create a noncodified section to create a Employer Sanctions Task Force to study the system of employer sanction relative to the employment of unauthorized aliens to operate during the 2008 legislative interim; create a noncodified section to name the act, "The Kentucky Legal Workers Act."
HB 97 (BR 43) - R. Nelson
AN ACT relating to crimes and punishments.
Create a new section of KRS 16.030 to 16.170, relating to the Department of Kentucky State Police, to require the state police to negotiate with the United States Department of Justice or Department of Homeland security to enforce federal immigration law and train officers to enforce federal immigration law; create a new section of KRS Chapter 431 to require detention facilities to ascertain the immigration status of detained foreign nationals.
HB 106/LM/CI (BR 835) - M. Denham
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 110 (BR 900) - C. Siler
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 114/LM/CI (BR 314) - R. Damron
AN ACT relating to deadly weapons.
Amend KRS 237.115, relating to government control of carrying of concealed deadly weapons, to require universities, colleges, and postsecondary institutions to comply with the provisions of KRS 237.106 and 237.110(17)(b) to ensure that persons may keep firearms in vehicles on university property if they do not remove the firearm from the vehicle; amend KRS 237.110 to conform.
HB 122/CI (BR 342) - S. Westrom
AN ACT relating to crimes and punishment.
Amend KRS 516.010, relating to forgery, to define "academic degree"; amend KRS 516.030 to expand forgery in the second degree to include forgery of an academic degree.
HB 125 (BR 367) - J. Stacy
AN ACT relating to motor vehicle operator's licenses.
Amend KRS 186.450 to prohibit any person with an instruction permit from using a personal telecommunications device while operating a motor vehicle, motorcycle, or moped; require the cabinet to provide a decal to be affixed to a vehicle identifying that the operator is in possession of an instruction permit; amend KRS 186.452 to prohibit any person with a intermediate driver's license from using a personal telecommunications device while operating a motor vehicle, motorcycle, or moped; require the cabinet to provide a decal to be affixed to a vehicle identifying that the operator is in possession of an intermediate driver's license.
HB 145/LM/CI (BR 157) - S. Lee
AN ACT relating to torture of a dog or cat.
Amend KRS 525.135 relating to torture of a dog or cat to increase the penalty for a first offense to a Class D felony; provision to name the bill, "Romeo's Law."
HB 150/LM (BR 985) - D. Floyd
AN ACT relating to alcoholic beverages.
Create a new section of KRS Chapter 244 to allow a person enlisted in the United States Armed Forces, a state National Guard, or the Reserves to enter onto and remain on premises licensed to sell alcoholic beverages, purchase or have alcoholic beverages served or delivered to the person at the licensed premises, receive alcoholic beverages at the licensed premises for consumption to the extent permitted by the premises' license, and possess alcoholic beverages for the individual's own use if the possession not inconsistent with the premises' license; declare that it is not a violation of KRS 244.085 or 530.070 for a person to aid or abet an individual in the military who purchases or obtains alcoholic beverages in compliance with this section.
HB 154/CI (BR 6) - R. Palumbo
AN ACT relating to child abuse.
Amend KRS 620.050 to remove the penalty for making a false child abuse or neglect report; amend KRS 620.990 to specify that a person who knowingly violates a provision of KRS Chapter 620 shall be guilty of a class B misdemeanor, any person who intentionally or knowingly violates KRS 620.030(1) shall be guilty of a Class B misdemeanor unless the child suffered a serious injury or death, in which case, the penalty would be a Class A misdemeanor, a person who knowingly or intentionally violates the provisions of KRS 620.020(2) shall be guilty of a Class A misdemeanor unless the child suffered a serious injury or death in which case the penalty would be a Class D felony, and any person who makes a false report shall be guilty of a Class A misdemeanor.
HB 161 (BR 936) - R. Wilkey
AN ACT relating to dating violence.
Amend KRS 403.720 to include dating partners among the class of persons allowed to obtain domestic violence protective orders; amend KRS 431.005 to reference the definition of "unmarried couple" in KRS 403.720.
HB 167/CI (BR 459) - T. Thompson
AN ACT relating to crimes and punishments.
Amend KRS 17.545 to prohibit registered sex offenders from residing within 1,000 feet of a facility owned or operated by a Congressionally chartered civic organization in which 90 percent of its activities are designated exclusively for youth.
HB 168 (BR 460) - T. Thompson
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 170/LM/CI (BR 462) - T. Thompson
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 172/CI (BR 8) - J. Fischer
AN ACT relating to crimes and punishments.
Amend KRS 439.3401 to include commission or attempted commission of a felony sexual offense during a burglary within the definition of "violent offender."
HB 181 (BR 213) - S. Baugh
AN ACT relating to verification of operator's licenses and personal identification cards.
Create a new section of KRS Chapter 186 to allow a seller to access electronically readable information on a person's operator's license or personal identification card by means of a transaction scan device to check the validity of the license or card for the purpose of age verification for the sale, gift, or distribution of alcoholic beverages, cigarettes, or other tobacco products; define "transaction scan" and "transaction scan device; amend KRS 244.080, relating to the sale of alcoholic beverages to a minor, to include card verification by a transaction scan as an affirmative defense; prohibit the sale of alcoholic beverages to a person determined to be in possession of an invalid license or card by a transaction scan; amend KRS 438.310 to prohibit the sale of cigarettes and tobacco products to a person determined to be in possession of an invalid license or card by a transaction scan.
HB 183 (BR 1057) - T. Burch
AN ACT relating to crimes and punishments.
Amend 507.050 to establish that a death resulting from a motor vehicle operator who drives while fatigued, or who falls asleep while driving, shall be classified as a reckless homicide.
HB 200 (BR 78) - L. Belcher
AN ACT relating to the reporting of stolen items with vehicle identification numbers.
Create a new section of KRS Chapter 186 to require a law enforcement agency to enter a stolen item with a vehicle identification number into the NCIC computer.
HB 202 (BR 1003) - S. Westrom
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 210 (BR 879) - A. Simpson
AN ACT relating to forfeiture.
Create new sections of KRS Chapter 500, the general provisions for the Kentucky Penal Code, to require forfeiture of all real and personal property used in or acquired as a result of certain sexual offenses against minors and create forfeiture procedures; amend KRS 500.090, relating to forfeiture, and KRS 16.210, relating to disposition of property by the Kentucky State Police to conform.
HB 211 (BR 195) - J. Wayne, J. Jenkins, T. Burch
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 229 (BR 251) - J. Glenn
AN ACT relating to highway work zones.
Amend KRS 189.030 to require use of headlamps when a vehicle is within a highway work zone on an interstate highway or parkway; amend KRS 189.2325 to conform and establish the penalty as a violation of KRS 189.030.
HB 235/LM/CI (BR 1191) - K. Stein, J. Vincent, A. Wuchner
AN ACT relating to sexual offenses.
Amend KRS 510.060 relating to rape in the third degree to increase the age from 16 to 18 for statutory rape where a person of special trust or position of authority is involved; amend KRS 510.090 relating to sodomy in the third degree to increase the age from 16 to 18 for statutory sodomy where a person of special trust or position of authority is involved; Amend KRS 510.120 relating to sexual abuse in the second degree to increase the age from 16 to 18 for statutory sexual abuse where a person of special trust or position of authority is involved and increase the penalty for such person to a Class D felony from a Class A misdemeanor.
HB 241/LM/CI (BR 444) - K. Hall, J. Stacy, R. Adams, E. Ballard, H. Collins, R. Damron, T. Edmonds, R. Nelson, M. Rader, C. Rollins II, A. Smith
AN ACT relating to sexual offenses.
Amend KRS 510.060 relating to rape in the third degree to increase the age from 16 to 18 for statutory rape where a person of special trust or position of authority is involved; amend KRS 510.090 relating to sodomy in the third degree to increase the age from 16 to 18 for statutory sodomy where a person of special trust or position of authority is involved; Amend KRS 510.120 relating to sexual abuse in the second degree to increase the age from 16 to 18 for statutory sexual abuse where a person of special trust or position of authority is involved and increase the penalty for such person to a Class D felony from a Class A misdemeanor.
HB 260/CI (BR 1227) - T. Burch, J. Wayne, M. Marzian
AN ACT relating to the abolition of the death penalty.
Create a new section of KRS Chapter 532 to abolish the death penalty and require the court with jurisdiction over a person sentenced to death to sentence the person to imprisonment for life without benefit of probation or parole; amend KRS 24A.110, 27A.430, 431.060, 431.215, 431.510, 439.265, 506.010, 506.030, 506.040, 506.080, 507.020, 509.040, 520.120, 527.200, 532.030, 532.040, 532.050, 532.100, 532.140, 533.010, 610.265, 635.020, 635.090, 640.040, 17.173, 17.176, 507A.020, and 422.285 to conform; repeal KRS 422.287, 431.213, 431.2135, 431.218, 431.220, 431.223, 431.224, 431.240, 431.250, 431.260, 431.270, 507A.060, 532.025, 532.075, 532.300, 532.305, and 532.309, relating to the death penalty.
HB 264/CI (BR 1033) - M. Dedman Jr
AN ACT relating to driving under the influence.
Amend various sections of KRS Chapter 189A, relating to driving under the influence, to extend the lookback provision relating to prior convictions from five years to ten years.
HB 279/LM (BR 405) - M. Harmon, A. Simpson
AN ACT relating to the identification and tracking of scrap metal.
Amend KRS 365.250 to require dealers, collectors, and vendors to keep a register of those from whom they purchase ferrous or nonferrous metal or material containing ferrous or nonferrous metal; specify information to be included in the register; require dealers, collectors, and vendors to report the information kept in the register to the applicable law enforcement agency; amend KRS 365.990 relating to penalties to conform.
HB 281/LM (BR 278) - C. Hoffman
AN ACT relating to crimes and punishments.
Amend KRS 525.080 relating to harassing communications to add communications via the internet and increase penalty for subsequent offenses to a Class A misdemeanor
HB 285/LM (BR 1272) - A. Simpson
AN ACT relating to restraining orders upon conviction of a sexual offense.
Create a new section of KRS Chapter 510 relating to sex offenses to provide that a conviction of a felony offense under the chapter operates as an application for a restraining order prohibiting contact with the victim, unless the victim requests otherwise; provide defendant notice of right to request a hearing on the restraining order; provide for time of hearing; provide for contents of order; provide for modification of order upon petition of victim or defendant; provide for modification hearing; provide for entering order into KSP LINK computer system; provide civil and criminal immunity for law enforcement officers acting in good faith in enforcing an order; provide for nondisclosure of victim's personal information; violation of order is Class A misdemeanor.
HB 287/LM (BR 1259) - M. Marzian, S. Riggs
AN ACT relating to police forces.
Amend KRS 95.019 to expand the jurisdiction of the chief and officers of police departments in cities of the sixth class from within city limits to countywide.
HB 289 (BR 1277) - R. Meeks, D. Owens, D. Butler, M. Dossett, J. Glenn, J. Higdon, C. Miller, R. Wilkey
AN ACT relating to the collection of DNA.
Amend KRS 17.170 to require the collection of DNA from any person, including any juvenile, who is convicted on or after the effective date of any felony offense, or who is in the custody of the Department of Corrections, the Department of Juvenile Justice, or a local or county jail on the effective date for conviction of a felony offense, or who is on probation, parole, conditional discharge, conditional release, or diversion for a felony offense that occurred prior to the effective date; repeal KRS 17.171, 17.172, 17.173, and 17.174.
HB 298 (BR 1252) - K. Stein, R. Webb
AN ACT relating to eyewitness identification.
Create new sections of KRS Chapter 421, relating to witnesses, to regulate the conduct of lineups by law enforcement agencies; provide instructions for witnesses; provide for suppression of evidence in cases in which the policies are violated; EFFECTIVE January 1, 2009.
HB 304/LM (BR 1097) - R. Damron, R. Nelson, B. Farmer, S. Lee
AN ACT relating to homeland security.
Repeal, reenact, and amend KRS 514.160 relating to identity theft to increase the number of pieces of identifying information, include use of false identification to deprive a person of money, obtain employment, hide one's true identity, cause another person to suffer economic loss, defraud another person, or attempt, solicit, or conspire to commit identity theft; create a new section of KRS Chapter 441 to require pretrial release officers to obtain place of birth, citizenship, and related information from prisoners in jail and report the information to the Kentucky Office of Homeland Security and Administrative Office of the Courts; create a new section of KRS Chapter 39G to expand the duties of the Kentucky Office of Homeland Security with regard to immigration, customs, and other homeland security matters; create a new section of KRS 15.380 to 15.404 to permit local and state law enforcement agencies to enter into agreements with the federal government for local enforcement of immigration and customs laws; create new sections of KRS Chapter 337 relating to employment to create definitions for an employee verification program; specify that the employee verification program applies only to businesses that contract or subcontract with government agencies and to government agencies; specify that an employer subject to the act shall verify citizenship, Social Security number, and other required information through the federal E-Verify program within the required time following employment to avoid hiring undocumented aliens; specify that an employer is not required to take any action that the employer believes would violate federal or state law; require an employer to utilize the federal Employment Eligibility Verification program beginning January 1, 2009; require the Department of Revenue to notify employers of the requirements of the employee verification law; create a new section of KRS Chapter 65 to require all local governments and local agencies to comply with the law and permit sharing of citizenship and immigration information as required by law and to prohibit local ordinances or other actions to violate the law; amend KRS 514.170 to conform.
HB 308 (BR 1362) - T. Burch
AN ACT relating to identification cards for people experiencing homelessness.
Amend KRS 186.531 to provide for one free identification card for a person who does not have a fixed, permanent address
HB 309/LM/AA (BR 940) - A. Koenig, A. Simpson
AN ACT relating to the Kentucky Law Enforcement Foundation Program fund.
Amend KRS 15.470 to provide that police officers receiving KLEPF fund salary supplements shall continue to receive the supplement when called to active duty with the United States Armed Forces; funds received to be excluded from retirement systems.
HB 325 (BR 1202) - C. Miller, C. Siler, L. Belcher, D. Butler, L. Clark, H. Collins, M. Dedman Jr, C. Embry Jr, C. Hoffman, D. Horlander, Ji. Lee, H. Moberly Jr, D. Osborne, A. Simpson, D. Watkins
AN ACT relating to highway work zones.
Amend KRS 189.2325, relating to highway work zones to set forth signage requirements for a work zone where the fine for speeding is doubled when workers are physically present; amend KRS 189.394, relating to speeding, to specify that double fines in work zones are only applicable when the work zone is properly signaled and workers are physically present in the work zone; amend speeding fine table to simplify.
HB 327/LM (BR 137) - R. Webb
AN ACT relating to court security officers.
Amend KRS 15.3971, relating to court security officers, to allow grandfathered officers two years to complete the high school diploma/GED requirement for certification.
HB 343 (BR 1179) - J. Bell, J. Greer, T. Burch, L. Clark, D. Watkins, R. Wilkey
AN ACT relating to crimes and punishments.
Create a new section of KRS 17.500 to 17.580, relating to sex offender registration, to prohibit a registered sex offender from committing specified acts concerning school buses and school bus stops while children are present; make any violation of the prohibitions a Class A misdemeanor.
HB 349 (BR 1370) - R. Henderson
AN ACT relating to motor vehicles.
Amend KRS 186.010 to define the term "low-speed electric vehicle" and amend the definition of "motor vehicle" to include a low-speed electric vehicle; create a new section of KRS Chapter 189 to allow the use of low-speed electric vehicles on roadways with a posted speed limit of thirty-five (35) miles per hour or less; require low-speed electric vehicles operated on a highway to be insured in compliance with KRS 304.39-080, titled in accordance to KRS 186.020, and registered as a motor vehicle in accordance with KRS 186.050(3)(a).
HB 352/LM/CI (BR 420) - J. Jenkins, M. Marzian, R. Meeks
AN ACT relating to persons subject to a domestic violence order.
Create a new section of KRS Chapter 527, relating to firearms and weapons, to prohibit a person who is subject to a domestic violence order from possessing or attempting to possess a firearm; establish possession of a firearm by a person subject to a domestic violence order as a Class D felony.
HB 353/LM (BR 421) - J. Jenkins
AN ACT relating to prohibiting the possession of firearms in domestic violence orders.
Amend KRS 403.750 to provide that the court, in a domestic violence order, may prohibit a respondent from possessing firearm while the order is in effect; provide for confiscation of firearms in possession of the defendant and for confiscated firearms to be turned over to the office of the sheriff for custody; provide for return of firearms or alternate disposition of firearms upon expiration or vacation of the domestic violence order.
HB 358 (BR 979) - S. Santoro, K. Stein, L. Clark, B. Farmer, J. Gooch Jr, J. Greer, M. Harmon, R. Henderson, D. Keene, T. Kerr, T. Moore, L. Napier, D. Osborne, M. Rader, A. Simpson, J. Vincent, A. Webb-Edgington, R. Wilkey, A. Wuchner
AN ACT relating to the Department of Kentucky State Police.
Amend KRS 16.010 to clarify that the term "officer" means a sworn officer appointed pursuant to KRS Chapter 16.
HB 365 (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 367/CI (BR 1388) - J. Bell, R. Wilkey
AN ACT relating to crimes and punishments.
Amend KRS 510.155 relating to using a communications system to procure a minor to engage in sexual offenses to add to "minor" "any individual the person has reason to believe is a minor" to the elements of the offense; add KRS 510.110 relating to sexual abuse in the first degree to prohibited solicitations; create prima facie evidence presumption of intent to commit offense even if the meeting did not occur; apply provisions to any communication originating or received within the Commonwealth.
HB 375/LM (BR 1449) - J. Jenkins
AN ACT relating to cruelty to animals.
Amend KRS 515.130 relating to cruelty to animals to define shelter and shade requirements for dogs and dog houses
HB 381 (BR 1607) - R. Nelson, T. Couch, J. Stewart III
AN ACT relating to Operation Unite, making an appropriation therefor, and declaring an emergency.
Appropriate $450,000 to Operation Unite from the Local Government Economic Development Fund, Multi-County Fund, for operational programs and support; EMERGENCY.
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 391/LM/CI (BR 1545) - T. McKee, D. Keene
AN ACT relating to the crime of failure to return to custody.
Create a new section of KRS Chapter 520 to create the criminal offense of failure to return to custody; set the penalty at a Class D felony; amend KRS 520.030 and 520.040, relating to escape, to conform.
HB 398/CI (BR 1618) - T. McKee, M. Denham
AN ACT relating to assault.
Amend KRS 508.025, relating to assault in the third degree, to include within that offense an assault on an elected official of a city or county.
HB 404/CI (BR 889) - D. Osborne, S. Baugh
AN ACT relating to crimes and punishments.
Amend KRS 514.040 relating to theft by deception to include issuing a cold check as security deposit for rent or lease of real property, issuing a cold check to an auction escrow account, or issuing a cold check for use as a deposit for the purchase of real property
HB 409 (BR 1254) - M. Harmon, R. Damron
AN ACT relating to personal emergency response systems.
Create new sections of KRS Chapter 438 to regulate the practices of personal emergency response system providers; require specified notifications; provide for enforcement by the Attorney General and county attorneys; name act "Christine Talley Act."
HB 412 (BR 1649) - M. Denham
AN ACT relating to crimes and punishments.
Amend KRS 439.3401 to included robbery in the second degree within the violent offender statute.
HB 420 (BR 1115) - D. Graham, K. Hall, D. Butler, M. Cherry, J. DeCesare, T. Edmonds, C. Embry Jr, D. Horlander, J. Jenkins, C. Miller, M. Rader, J. Richards, C. Rollins II, C. Siler, A. Simpson, T. Thompson
AN ACT relating to the funding and operation of local jails, making an appropriation therefor, and declaring an emergency.
Create new sections of KRS Chapter 441, relating to jails, to provide a per diem payment of $30 per day for a state prisoner in local jail and an additional medical care payment of $2 per day for each state prisoner in local jail; require the state to pay for the time a convicted felon spends in jail prior to conviction on a phased-in basis, with the state paying the full amount for incarceration after July 1, 2013; require all jails to comply with the minimum jail standards of the Department of Corrections and provide that if jail does not meet those standards, the county shall contract with a county with a compliant jail; require that all state payments to counties for the operation of jails have an automatic annual cost-of-living increase; amend KRS 441.206, relating to jail bed allotments, to set the jail bed allotment based on the 1983-1984 formula, adjusted for inflation since that year; amend KRS 431.215 relating to state payment for convicted felons following conviction to require the state to pay from date of conviction rather than five days after conviction; amend KRS 441.055, relating to jail standards, to eliminate "life safety" jails; EFFECTIVE JULY 1, 2008.
HB 427/LM (BR 1004) - H. Moberly Jr, S. Riggs, D. Osborne, S. Santoro
AN ACT relating to funding to support public safety, making an appropriation therefor, and declaring an emergency.
Amend KRS 15.310 to add a definition for "unit of government"; amend KRS 15.330 to allow the Kentucky Law Enforcement Council to approve the addition of new units of government for participation in the KLEFP Fund and to correct incorrect range reference citations; amend KRS 15.382 to correct incorrect range reference citations; amend KRS 15.410 to conform; amend KRS 15.420 to amend definitions; amend KRS 15.430 to clarify the intent of the General Assembly with regard to the use of KLEFP funds; amend KRS 15.440 to clarify participation requirements for various units of government; amend KRS 15.442 to correct incorrect range reference citations; amend KRS 15.450 to require the commissioner of the Department of Criminal Justice Training to administer the KLEFP fund and to recommend to the council new units of government for participation in the KLEFP fund; amend KRS 15.460 to increase the supplement for police officers on July 1, 2008 to $3,250, and to $3,500 beginning July 1, 2009, and to incorporate the provisions from KRS 15.500 relating to distributions if funds are insufficient; amend KRS 15.470, 15.480, and 15.490 to conform; amend KRS 15.510 to establish an administrative hearing procedure under KRS Chapter 13B; amend KRS 15.515 to conform; amend KRS 42.190 to delete language no longer necessary; amend KRS 67A.6901, KRS 70.030 and KRS 70.290 to correct incorrect range reference citations; amend KRS 136.392 to conform, to correct incorrect range reference citations, and to delete language no longer necessary; amend KRS 95A.250 to increase the annual supplement for firefighters on July 1, 2008, to $3,250, and to $3,500 beginning July 1, 2009, and to add language relating to the distributions if funds are insufficient; amend KRS 95A.262 to increase the allotment to qualifying departments from $8,000 to $9,000 beginning July 1, 2008, and to $10,000 beginning July 1, 2009; repeal KRS 15.500; EMERGENCY.
HB 436/LM (BR 1657) - K. Stein
AN ACT relating to police and fire department applicants.
Amend KRS 95.440 relating to the reinstatement of police and firefighters in an urban-county government to permit that with the approval of the appointing authority that a police or firefighter may be eligible for reinstatement under specified conditions.
HB 439/LM (BR 1431) - Ji. Lee, L. Clark
AN ACT relating to fireworks.
Create a new section of KRS Chapter 227 to require that a report be submitted to the local fire chief where consumer fireworks and display fireworks are stored; establish the contents of and the deadline for the report; establish that failure to submit report is grounds for discontinuing operations until the reporting requirement is properly submitted; amend KRS 227.700, 227.702, and 227.704 to change "common fireworks" to "consumer fireworks"; amend KRS 227.706 to change the name of "special fireworks" to "display fireworks"; amend KRS 227.710 to require that permits be issued to competent operators only; establish that a competent operator must complete and approved course of instruction in pyrotechnics; require a person who participates in the display setup or who remains in the display site to complete a pyrotechnics course; require the operator to submit proof of the person having completed an approved course of instruction; require that a copy of the proof be available for inspection upon demand; require the state fire marshal to promulgate administrative regulations establishing the process by which permits are issued, the standards to be employed in approving instructors and courses of instruction, the form that proof of compliance shall take, and other procedures that are reasonably necessary to effectuate the provisions of this paragraph; amend KRS 227.715 to prohibit any person under 18 years of age from being employed by a consumer fireworks retail sales facility, distribution facility, or manufacturing facility.
HB 452 (BR 1666) - S. Riggs
AN ACT relating to boating.
Amend KRS 235.285 to require, effective January 1, 2009, all operators of personal watercraft or motor boats born after January 1, 1991, to have a safe boating certificate or have an adult with a safe boating certificate with them; regulate safety of personal watercraft operated on public waterways.
HB 456 (BR 978) - D. Horlander
AN ACT relating to alcoholic beverages.
Create a new section of KRS Chapter 244 to establish a motor vehicle operators license revocation scheme for minors and adults who violate the state's criminal prohibitions relating to alcohol and the possession or purchase by, or provision to, minors.
HB 457 (BR 1457) - A. Wuchner, R. Webb
AN ACT relating to retirement.
Amend KRS 61.623 to provide retirees of the Kentucky Employees Retirement System, County Employees Retirement System, and the State Police Retirement System who are age 65 or older as of effective date of this Act with the choice of receiving benefit payments by check instead of direct deposit if the retiree files the appropriate forms by December 31, 2008; provide that the Act shall be known as the "Clancy Barnes Act."
HB 494 (BR 233) - S. Santoro, R. Wilkey, J. Hoover, T. Kerr, A. Koenig, D. Osborne, A. Webb-Edgington
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