2008 Senate Bills of Interest to Law Enforcement

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Legislative Updates
2008 Senate Bills of Interest to Law Enforcement
By Michael Bischoff
Mar 7, 2008, 03:00

AN ACT relating to constables.
Amend KRS 15.315, relating to the Kentucky Law Enforcement Council, to add two constables to the council KRS 16.220 to include constables among the recipients of grants from firearm sales; amend KRS 61.315, relating to death benefits for peace officers, to include constables and deputy constables; amend KRS 61.362, relating to agreements with peace officers and residential property owners, to enforce law on residential property to include constables; amend KRS 64.200, relating to constable financial record management, to specify that the constable pays funds to the county treasurer for inclusion in a constable account to be used by the constable for expenses; amend KRS 65.255, relating to cooperative utilization of peace officers, to add a constable who is a certified peace officer or qualified constable; amend KRS 70.036, relating to sheriff uniforms, to include constable uniforms and require county to pay for uniform for certified peace officer constables and qualified constables and deputies and "qualified" constable basic training; amend KRS 70.320, relating to deputy constables, to specify salaries for the constable and qualified deputy constables, to permit specified numbers of qualified deputy constables, to permit a qualified deputy constable to serve without salary; and to specify that excess fees are returned to the county each fiscal year; create a new section of KRS Chapter 70 to create a course of 40 hours and an annual 40-hour in-service training to maintain the qualified status for constables and deputy constables; specify that a constable who is a certified peace officer is automatically a qualified constable; create a new section of KRS Chapter 422, relating to service of process, to have person seeking process to elect the method of serving process; create a new section of KRS Chapter 65 to require a local government which maintains a public safety radio system or public safety answering point to permit constable and deputies to utilize the system and to require the county to pay costs of utilization; amend KRS 70.310, relating to bond for constables and deputies, to require all bonds to be paid by the county; amend KRS 70.320, relating to deputy constables, to permit specified numbers of deputy constables to be appointed for each constable; amend KRS 70.330 to require the Kentucky Constable Association to recommend candidates to fill a vacancy in the office of constable; amend KRS 70.430, relating to fiscal reporting by some constables, to require fiscal reporting to the county clerk by all constables; amend KRS 70.440, relating to false reporting by some constables, to include all constables; amend KRS 189.950, relating to use of blue lights and sirens by various officials, including constables, to permit use of blue lights and sirens on vehicles operated by a constable certified as a peace officer or listed as a qualified constable; amend KRS 431.005, relating to arrests, to permit constables and deputy constables who are certified peace officers or qualified constables and qualified deputy constables to make domestic violence arrests without viewing the commission of the offense; amend KRS 431.007, relating to peace officers operating in another jurisdiction in Kentucky, to make arrests to include a constable or deputy constable certified as a peace officer and a constable and deputy constable listed as a qualified constable or qualified deputy constable; amend KRS 64.200 to conform; repeal KRS 64.190, relating to constable fees.

SB 9/LM (BR 247) - D. Seum

AN ACT relating to the interviewing of children.
Create a new section of KRS Chapter 605, relating to juvenile proceedings, to require social service workers, child protective services workers, peace officers, and others interviewing a child alleged to be abused, needy, neglected, dependent, or delinquent to make a video or audio recording of the interview; specify to whom recordings of interviews are available; limit uses of recordings of interviews; provide for destruction of recordings when no longer needed.

SB 12 (BR 336) - J. Carroll

AN ACT relating to the safety, learning, and well-being of students.
Amend KRS 158.440 to require school districts to have procedures in place to address student harassment, intimidation, and bullying; amend KRS 158.441 to define "harassment, intimidation, or bullying"; amend KRS 158.148 to require school districts to formulate a code of acceptable behavior prohibiting student harassment, intimidation, or bullying that includes procedures for reporting and investigating complaints, a strategy for protecting complainants from retaliation, and a process for annually discussing the code with students; require school districts, under certain conditions, to provide training to school employees on the district's acceptable code of behavior; require school districts to include the code of acceptable behavior in the district employee training manual; amend KRS 158.150 to include student harassment, intimidation, or bullying as a cause for suspension or expulsion; amend KRS 158.444 to require local school districts to collect and provide the Kentucky Department of Education information related to all incidents of student harassment, intimidation, or bullying; amend KRS 160.345 to require a school council to include strategies to address student harassment, intimidation, or bullying as part of the school's comprehensive safety plan; create a new section of KRS Chapter 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.

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.

SB 15/CI (BR 206) - J. Pendleton

AN ACT relating to animal cruelty.
Amend KRS 525.130 to include all animals in abandonment or neglect cases and increase penalty for injuring or killing of any animal; repeal KRS 525.135.

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 19 (BR 18) - D. Boswell

AN ACT proposing to create a new section of the Constitution of Kentucky and amend Section 226 of the Constitution of Kentucky, relating to casinos.
Propose a new section of the Constitution of Kentucky relating to casinos; allow the General Assembly to permit the operation of casinos, which may include casinos at horse racing tracks; provide, if General Assembly authorizes casino gaming, for agency of state government to be created to regulate casinos by special law notwithstanding Section 59 or 60 of the Constitution, establish qualifications of individuals and entities authorized to operate casinos, limit number and location of casinos, define types of lotteries, gift enterprises and gambling games to be permitted, provide for other standards to ensure honest operation of casinos; define casino and casino-style gaming; restrict operation of casinos until the state agency shall have first approved the conduct of casinos and the governing body of the county, urban-county, charter county, or consolidated local government has approved the operation; propose to amend Section 226 of the Kentucky Constitution to provide that the new section is an exception to the prohibition against lotteries and gift enterprises; submit to voters; provide ballot language.

SB 20/LM/CI (BR 38) - D. Boswell

AN ACT relating to gaming and making an appropriation therefor.
Establish KRS Chapter 239 to authorize gambling at horse racing tracks and casinos; create numerous definitions; create the Kentucky Gaming Commission; establish the duties and responsibilities of the commission; require the commission to determine the occupations related to casino gaming and the qualifications for an occupational license; establish the application procedures for a casino, racing association gaming, limited racing association gaming, and supplier's license; establish the requirements and qualifications for all gaming-related licenses; prohibit a licensee from transferring or assigning the license without prior commission approval; permit a casino or racing association gaming licensee to conduct gaming operations from a temporary facility under certain conditions; require racing association gaming licensees and limited racing association gaming licensees to make certain requests to the Kentucky Horse Racing Authority regarding the number of racing days the licensee will have scheduled during a year; create an exemption to allow facilities development for gaming activities regarding zoning; provide that other zoning and building codes still apply; establish the position and the duties of the executive director of the commission; establish that certain job classifications are to be established by agreement of the parties to a collective bargaining agreement; require that before a gaming license is issued, the governing body in the jurisdiction where gaming operations are proposed must first enact an ordinance to approve location of the facility; require a gaming licensee to post bond and to maintain specific types of insurance; limit the number of gaming licenses to five racing association gaming licenses, three limited racing association gaming licenses, and four casino licenses; establish criteria for gaming operation locations; require certain information from applicants seeking a gaming license; establish the fees for applications, licensure, and renewal for all licenses; create the Kentucky gaming account, the Kentucky municipal public safety account, the Kentucky county public safety account, the Kentucky horse racing equity account, and the Kentucky thoroughbred claiming account; require that certain amounts of the gaming account support administrative operations of the commission, and other amounts from the gaming account be dispersed to the Kentucky Compulsive Gamblers Assistance Account, the Department of Education, the Council on Postsecondary Education, the Cabinet for Health and Family Services for health care services for certain indigent Kentuckians and for a prescription drug program for senior citizens, the Kentucky municipal and county public safety accounts, capital construction, sewer and water projects administered under the Kentucky Infrastructure Authority, the Kentucky veterans' trust fund, the state road fund, the budget reserve trust fund, and the equine industry program trust and revolving fund; establish the disbursement of accounts to the Kentucky municipal public safety account and the Kentucky county public safety account; establish the disbursement of funds to the Kentucky horse racing industry; prohibit licensure of certain people under specific circumstances; establish the expenditure of moneys from the municipal public safety account and the county public safety account; establish a wagering tax at a rate of 35% of adjusted gross receipts received and reported monthly by the licensee obliged to pay the tax; establish the terms of all licenses regarding gaming operations; require the commission to promulgate administrative regulations to prescribe procedures for gaming licensees regarding the effective control over their internal fiscal affairs; require periodic financial reports from gaming licensees; require annual audits of the financial statements of gaming licensees; define and limit gambling games and devices; address how money deposited into the Compulsive Gamblers Assistance Account will be expended; require the State Auditor to perform an annual audit of the commission; allow the commission to compile a list of persons to exclude or reject from licensed gaming establishments; require the commission to notify a person placed on an exclusion or ejection list; permit the commission to take disciplinary action if a gaming licensee knowingly fails to exclude or eject a person on the list; establish penalties for persons placed on the list who enter premises of a licensed gaming establishment; establish a voluntary exclusion list; provide that the transport of gambling equipment and supplies into the state will not be a violation of federal law; define the term "cheat" and establish penalties for persons who cheat; create the Compulsive Gamblers Assistance Account; establish how expenditures from the Compulsive Gamblers Assistance Account will be utilized; require the commission to prepare an annual report detailing activities and expenditures of the Compulsive Gamblers Assistance Account; encourage gaming licensees to cooperate with local business and community organizations to stimulate the economy through tourism; require gaming licensees to pay the salaries of certain commission employees; require gaming licensees to make office space available for certain commission employees; prohibit a person under 21 from placing a wager or being in an area where gambling games are in operation; establish that commission members, the executive director, and commission employees are subject to the executive branch code of ethics; limit the administrative fine to $50,000 per offense; establish that administrative review under KRS Chapter 13B is available for persons aggrieved by an action by the commission; amend KRS 12.020 to attach the Gaming Commission to the Environmental and Public Protection Cabinet for administrative purposes; amend KRS 243.500, 243.505, 525.090, 528.010, 528.100, 15.380, 12.020, and 224.10-020 to conform; include a severability clause; include language that this Act is void if the voters fail to approve a constitutional amendment permitting the General Assembly to authorize casinos.

SB 25/LM/CI (BR 380) - J. Westwood

AN ACT relating to shock probation.
Amend KRS 439.265 to prohibit shock probation if the defendant has been convicted of KRS 507.040 involving driving under the influence or KRS 507.050 involving driving under the influence.

SB 31/LM/CI (BR 802) - D. Boswell

AN ACT relating to motor vehicle accidents.
Amend KRS 189.990 to increase the penalty for leaving the scene of an accident in which death or serious physical injury is involved and the driver knew or should have known of the death or serious physical injury to a class D felony; provide that the penalty enhancements shall be known as "Eric Johnson's Law."

SB 33 (BR 331) - J. Carroll

AN ACT relating to motorcycles.
Amend KRS 189.285 to prohibit operating or riding as a passenger on a motorcycle on a highway unless the operator or passenger wears approved headgear at all times while the vehicle is in motion; amend KRS 224.20-710, 224-20-755, and 224.20-760 to conform.

SB 34 (BR 332) - J. Carroll

AN ACT relating to motor vehicle sales.
Create new sections of KRS Chapter 190 to define a motor vehicle event data recorder and motor vehicle owner; require disclosure that a motor vehicle is equipped with an event data recorder; establish provisions for retrieval of data recorded by the device; prohibit an insurer or lessor from requiring an owner to release data as part of payment for a claim or as a condition of a lease; establish a fine of $500 for failure to disclose the presence of the event data recorder or for improper release of information recorded by the equipment.

SB 37 (BR 1005) - J. Carroll

AN ACT relating to reporting by health care facilities.
Create a new section of KRS Chapter 216 to require hospitals and other health care facilities that offer emergency services to report gunshot wounds, powder burns, and bullet wounds, and to report stab wounds if not inflicted by the victim; provide that failure to report is a violation.

SB 40 (BR 1019) - J. Westwood

AN ACT relating to abortion.
Amend KRS 311.720 to redefine "abortion" and to add definitions of "reasonable judgment," "unborn child," and "woman"; create a new section of KRS 311.710 to 311.820 to require physician to perform an obstetric ultrasound and show images to the woman seeking an abortion; create a new section of KRS 311.710 to 311.820 to provide for an exemption to the ultrasound in case of an emergency and require placing the reason for the emergency in medical records; amend KRS 311.990 relating to penalties to provide a fine of not more than $100,000 for a first offense and not more than $250,000 for each subsequent offense and provide for referring incident to Kentucky Board of Medical Licensure for action and discipline.

SB 42/LM (BR 338) - J. Carroll

AN ACT relating to the investigation of traffic accidents.
Amend KRS 189A.103, relating to consent to tests for alcohol or substances in the blood, to require that law enforcement officers request to perform blood and urine tests on all drivers involved in any accident that involves a school bus or involves a fatality; treat refusal to submit to test in this circumstance as refusal to comply with the chapter; amend KRS 189.580, 189.635, and 281A.220 to conform.

SB 48 (BR 496) - P. Clark

AN ACT relating to law enforcement and firefighter foundation program funds.
Amend KRS 48.315 to delete KRS 15.430 and 95A.220, the statutes that establish the Law Enforcement Foundation Program fund and the Firefighter Foundation Program fund, from the list of funds that may be transferred in a budget bill to the general fund; amend KRS 15.430 and 95A.220 to conform

SB 52 (BR 996) - J. Pendleton, D. Boswell, D. Seum

AN ACT relating to charitable gaming.
Amend various sections of KRS Chapter 238 to extend the definition of "charitable gaming" to include electronic, computer, or other technologic aids, and the definition of "manufacturer" to include bingo paper and charity gaming tickets and the provision of electronic and computer devices; provide authority for the Office of Charitable Gaming to establish and implement standards for electronic systems of accounting and record keeping; grant the office authority to approve all electronic, computer, or other technologic aids; provide that intentionally making false or misleading statements shall constitute grounds for denial of a license; grant employees of the office authority to inspect the books and records of a licensed manufacturer or distributor; require a charity to be located in the county or a contiguous county to the county in which charitable gaming shall be conducted; prohibit inaccurate reporting of the financial records of charitable gaming events; permit advertisement of linked bingo prizes in excess of $5,000; require charitable organizations to obtain office approval prior to using any electronic, computer, or other technologic aid in the conduct of bingo; grant the office authority to promulgate administrative regulations concerning linked bingo games; limit carryover or progressive prizes in seal card games to no more than $7,500; require records and books to be maintained in accordance with generally accepted standards of accounting and require a charity to maintain records for six years at their offices or at a location designated and approved by the office; require any charity participating in linked bingo to use a point-of-sale system; permit the office to require required reports to be filed electronically within six years; prohibit certain activities by an owner, officer, or contractee of a licensed charitable gaming facility; provide penalties for making intentionally false or misleading financial statements; designate sanctions against individuals found to be the cause of one or more serious violations; define "serious violation"; provide requirements for appeals to administrative actions by the office.

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 58 (BR 1101) - T. Buford

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 62/LM (BR 859) - J. Denton, A. Kerr

AN ACT creating a crime victim address protection program within the Department of State.
Create new sections in KRS Chapter 14 to establish a crime victim address protection program for victims of domestic violence and abuse, stalking, and felony sexual offenses which would allow crime victims to use an address provided by the Secretary of State in lieu of the victim's actual physical address for the purpose of receiving mail and to allow crime victims to access government services, including the right to vote, based upon their actual addresses but utilizing the program's address on government records and documents.

SB 63 (BR 834) - J. Denton

AN ACT relating to crimes and punishments.
Amend KRS 510.140 to define "sexually oriented business," an "employee" thereof, "nudity" and other terms; to prohibit an employee of a sexually oriented business, while in a state of semi-nudity, from being within six feet of a patron.

SB 70/CI (BR 942) - R. Jones II, E. Worley

AN ACT relating to sex offenders.
Amend KRS 17.545 to prohibit registered sex offenders from residing with 1,000 feet of a youth program center; provide 90 days from the effective date of the Act for registrants to comply.

SB 71/LM/CI (BR 390) - R. Jones II, E. Worley

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.

SB 79/CI (BR 385) - J. Denton

AN ACT relating to the distribution of prescription drugs.
Create new sections of KRS Chapter 315 to define terms, including "authorized distributor of record," "counterfeit prescription drug," "drop shipment," "exclusive distributor," "normal distribution channel," "pedigree," "third party logistics provider," and "wholesale distributor"; require a wholesale distributor to be licensed by the board; specify conditions for a wholesale distributor to receive prescription drugs and require a manufacturer or a wholesale distributor to supply drugs only to a person licensed to possess or distribute drugs to an end user; require any wholesale distributor to provide a pedigree if the drugs were outside of the normal distribution channel and permit the Board of Pharmacy to specify the required contents of a pedigree; prohibit the board from requiring the use of an electronic track and trace system for pedigrees until the federal government establishes standard technology; require the board to promulgate administrative regulations to implement requirements consistent with federal law; permit the state to issue an order to cease distribution upon cause and permit an administrative hearing on the cease order; specify penalties for violations.

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 104 (BR 1389) - E. Scorsone

AN ACT relating to certificates for driving.
Create a new section of KRS Chapter 186, to define the term "certificate for driving" as a certificate issued by the Transportation Cabinet to an individual who cannot prove citizenship or legal presence requirements of KRS 186.412; mandate that certificates for driving be clearly distinguishable from regular operator's licenses and clearly state on the face that the document is not to be used for identification purposes; require the cabinet to establish a unique identifying number system for certificates and keep a database of all certificate holders and their driving histories available for the use of law enforcement agencies; require the Transportation Cabinet to promulgate regulations to provide standards for the application, issuance, denial, and revocation of certificates; create a new section of KRS Chapter 186 to set out application procedures for certificates for driving; require application to be made in Frankfort or at a regional office of the cabinet; require State Police examinations of all applicants for a certificate; impose age-appropriate instruction permit and graduated license restrictions on individuals applying for a certificate who do not have a valid license from another state or recognized foreign jurisdiction; create a new section of KRS Chapter 186 to set out denial criteria and revocation criteria; require the cabinet to establish a points and suspension system for moving violations similar to the one used for operator's licenses; make certificates valid for 4 years, with renewal; require possession of certificate at all times when operating a motor vehicle; require certificate holders to notify the circuit clerk of name and address changes; set the fee for a certificate at the same fee as for an operator's license; prohibit certificate holders from possessing or applying for an operator's license, personal identification card, or commercial driver's license; prohibit certificate holders from operating a commercial motor vehicle.

SB 108 (BR 1491) - R. Jones II

AN ACT relating to domestic violence.
Amend KRS 403.720 to include dating partners among the class of persons allowed to obtain domestic violence protective orders; amend KRS 403.725 to permit college students and military personnel to apply for emergency protective orders and domestic violence orders; amend KRS 431.005 to conform.

SB 109/CI (BR 1543) - R. Jones II

AN ACT relating to sex offenders.
Amend KRS 17.545 to prohibit registered sex offenders from coming onto the grounds of a high school, middle school, elementary school, preschool, publicly owned playground, or licensed day care facility.

SB 110/LM (BR 945) - T. Buford

AN ACT relating to the sale of alcoholic beverages.
Amend KRS 241.010 to define "veterans' service organization"; create a new section of KRS Chapter 242 to authorize local option elections for the limited sale of alcoholic beverages by the drink at a veterans' service organization's post.

SB 114 (BR 1603) - R. Jones II

AN ACT relating to booster seats.
Amend KRS 189.125 to require that a child under the age of eight 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.

SB 116 (BR 1233) - D. Harper Angel

AN ACT relating to traffic regulations.
Create a new section of KRS Chapter 189 to prohibit the operator of a motor vehicle on a public highway to read, write or send a text message; direct that enforcement for violation be taken only as a secondary offense; prohibit the Transportation Cabinet from including a conviction on the driving record of the person or to report the conviction to the employer of the person or any insurance company; penalty.

SB 120 (BR 1608) - T. Buford

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 125 (BR 1392) - D. Harper Angel, C. Borders

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 130 (BR 1468) - K. Winters

AN ACT relating to the Tennessee Valley Authority Police.
Amend KRS 6l.365 relating to federal officers with statewide peace officer jurisdiction to grant statewide jurisdiction to United States Tennessee Valley Authority Police officers; repeal KRS 61.886, 61.887, 61.888, 61.889, 61.890, and 61.891 relating to the TVA police.

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 154/LM/CI (BR 1355) - A. Kerr

AN ACT relating to peace officer certification and training.
Amend KRS 15.380 to require certain correctional officers employed by local governments to be certified as peace officers, amend KRS 15.400 to grandfather existing correctional officers; amend KRS 15.420 to exclude correctional officers from the definition of police officer as applicable to the Kentucky Law Enforcement Foundation Program fund.

SB 162/LM (BR 144) - T. Jensen

AN ACT relating to commercial driver's license
Create new sections of KRS 281A, relating to commercial driver's licenses, to require employers of persons possessing a commercial driver's license to report results of positive drug and alcohol screening tests to the Transportation Cabinet within three business days of receiving the results; establish the same requirements for a medical review officer acting on behalf of a Kentucky motor carrier; require the Transportation Cabinet to establish a commercial driver's license drug and alcohol testing database; establish procedures for requesting and receiving reports from the database; establish penalties for failure to report positive drug or alcohol screening tests; amend KRS 281A to define "medical review officer"; amend KRS 281A.220 to establish that applicants and employees applying for a safety sensitive transportation job who possess a commercial driver license are deemed to have given consent to testing; amend KRS 281.755 to conform effective January 1, 2009.

SB 171/LM/CI (BR 1887) - J. Carroll

AN ACT relating to crimes and punishments.
Amend KRS 514.010 relating to definitions for theft offenses to create a definition for "timber"; amend KRS 514.030 relating to theft by unlawful taking to penalize theft of timber (regardless of the value of the timber) as a Class D felony; amend KRS 514.110 relating to receiving stolen property, to penalize possession of stolen timber (regardless of the value of the timber) as a Class D felony; amend KRS 514.130 relating to seizure and forfeiture of property used in theft offenses to add "heavy equipment."

SB 172 (BR 1898) - P. Clark

AN ACT relating to motor vehicle offenses.
Amend KRS 189.430 relating to motor vehicle offenses to delete the prohibition against leaving a running vehicle unattended and setting the parking brake on a hill.

SB 180 (BR 870) - D. Thayer

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.

SB 182 (BR 1968) - T. Jensen

AN ACT relating to driver's licenses.
Amend KRS 186.412 to require the circuit clerk to ask each applicant for a driver's license to provide a name, address and telephone number to be used in case of an emergency; prohibit the emergency contact information from appearing on the face of the license, but to be stored in the database; permit the applicant to choose not to provide emergency contact information.

SB 191/LM (BR 1935) - T. Buford

AN ACT relating to the sale or transfer of alcohol to minors.
Amend KRS 244.080 and 244.990 to provide a criminal penalty with a mandatory minimum fine for employees of alcoholic beverage retail licensees who sell alcohol to minors; amend KRS 530.070 to conform.

SB 205/LM/CI (BR 2097) - R. Palmer II

AN ACT relating to crimes and punishments.
Amend KRS 509.040 relating to kidnapping, KRS 511.020 and 511.030 relating to burglary, and KRS 515.020 and 515.030 relating to robbery to increase the penalties designated for those offenses where they are committed in the course of a home invasion.

SB 209 (BR 2358) - T. Buford

AN ACT relating to overweight and overdimensional vehicles.
Create a new section of KRS 189 to create an overweight and overdimensional permit to allow the transportation of water craft from the location of the original manufacturer to its destination in the Commonwealth; set length and width limitations for vehicle and trailer combination; allow the cabinet to limit the vehicle transporting the water craft to specific routes; require applicant to measure clearances of all highway structures on the specified route and acknowledge that the cabinet does not guarantee safe passage of vehicles by issuing a permit; permit the cabinet to require applicant to give bond to indemnify state or county against highway or bridge damage; prohibit recipients of permits issued under this section from exceeding weight limitations of any bridge; require department to promulgate administrative regulations.

SB 214/LM/CI (BR 943) - R. Jones II

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; amend KRS 508.130 to include in the definitions used for Kentucky's stalking offenses stalking activity that is done electronically; amend KRS 531.010 and 531.300 to include live images transmitted over the Internet within material subject to the standards of Kentucky's obscenity laws; amend KRS 17.500 to create definitions for "electronic identity or online membership information" and "substantial change in appearance" and amend the definition of "registrant information" to require registrants on the sex offender registry to disclose more information; amend KRS 17.510 to require a new photograph of registrant if there is a substantial change in appearance; create provisions governing when a registrant changes or creates an electronic identity or online membership; amend KRS 17.580 to modify the registration, display, and searchability of sex offender electronic identities and online membership information; require cabinet to promulgate regulations to classify registrants and assign color schemes for each classification for display on the sex offender registry Web site; require the Web site to display a registrant's classification, the associated color scheme, and whether the registrant is subject to GPS monitoring; create a new section of KRS Chapter 525 to prohibit cyber harassment and provide a penalty; create a new section of KRS 439.250 to 439.560 to require lifetime registrants on probation or parole to be subject to GPS monitoring; require Department of Corrections to promulgate regulations regarding GPS and create penalty for registrant's failure to comply; permit the department to contract with law enforcement to assist with GPS monitoring; require registrants to pay for the monitoring and create a penalty for tampering with GPS equipment; create a new section of KRS Chapter 500 to provide for the forfeiture of personal property used in the commission of certain delineated sex offenses; amend various other sections to conform; require a study by the Interim Joint Committee on the Judiciary on the implementation of the Adam Walsh Child Protection and Safety Act of 2006 in Kentucky.

SB 217/LM/CI (BR 366) - E. Worley

AN ACT relating to parole.
Create a new section of KRS Chapter 439, relating to parole, to require the Parole Board to create a program for the supervised release of nonviolent felony drug offenders with requirements for substance abuse treatment and monitoring; create a new section of KRS Chapter 197 to require the Department of Corrections to assist the board in identifying eligible inmates.

SB 234/LM/AA (BR 1918) - D. Seum

AN ACT relating to retirement.
Amend KRS 61.635 to authorize the Kentucky Retirement Systems board of trustees to develop and establish a Deferred Retirement Option Program (DROP) for hazardous duty employees of a consolidated local government; provide minimum requirements for the DROP program.

SB 248/LM (BR 2179) - R. Stivers II

AN ACT relating to compensation for providers of court security services, making an appropriation therefor, and declaring an emergency.
Amend KRS 64.092, relating to compensation of sheriffs and court security officers, to increase salary from $8 per hour to $9 per hour on July 1, 2008 and to $11 per hour on July 1, 2009; EMERGENCY; EFFECTIVE July 1, 2008.

SB 249/LM/AA (BR 1919) - P. Clark

AN ACT relating to health insurance.
Create a new section of KRS Chapter 18A to require the Personnel Cabinet to establish health insurance plans for Medicare-eligible retirees participating in the state-administered retirement systems and to establish minimum benefits; amend KRS 18A.225 to amend definition of employee to include employees of public and private employers for purposes of participation in the state health plan and to establish minimum benefits of the state health plan; amend KRS 18A.2254 to conform; create a new section of KRS Chapter 18A to require public agencies and the state-administered retirement systems to participate in the state health plan and to allow private employers to participate in the state health plan; amend KRS 79.080 to require participation by local government agencies in the state health plan by January 1, 2010; amend KRS 61.702 to require the Kentucky Retirement Systems to provide health insurance coverage through the state health plans and to make amendments to the hazardous duty retiree health benefits; amend KRS 61.675 to require the Kentucky Teachers' Retirement System to provide health insurance coverage through the state health plans.

SB 255/LM (BR 2059) - E. Worley

AN ACT relating to the sale of alcoholic beverages at state parks.
Create new sections of KRS Chapter 242 and 243 to permit the limited sale of distilled spirits and wine and malt beverages at state resort parks, and qualified state recreational parks; allow a local option election for state resort and qualified state recreational parks in dry territory; establish the conditions under which the election will be held; set forth what a state resort park license or qualified state recreational park license entitles the holder to do; amend KRS 243.030 to establish the licenses fee; amend KRS 243.050 to permit the office to establish the hours and days when a supplemental licensee shall be open; amend KRS 243.115 to permit patrons in a dining room in a state resort park to remove one container of partially consumed wine; amend KRS 243.117 to conform.