2010 Bills Filed of Interest to Law Enforcement
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SB 3 (BR 396) - B. Smith, D. Seum, J. Schickel, D. Thayer, E. Tori, J. Westwood
AN ACT proposing to create a new section of the Constitution of Kentucky, adopting a 21st Century Bill of Rights.
Propose to create a new section of the Constitution of Kentucky, adopting a 21st Century Bill of Rights; claim sovereignty under the Tenth Amendment to the Constitution of the United States; establish that no law or rule shall compel certain persons to participate in health care systems, provide abortion services, surrender their firearms, or prevent the severing of coal, or the posting of the Ten Commandments, or actions motivated by a sincerely held religious belief; establish that governmental agencies should promote the use of Kentucky coal and make public information available on the Internet, and that the General Assembly provide a reasonable period of time for public review and comment on any appropriation or revenue measure.
SB 14/LM (BR 139) - J. Pendleton, P. Clark
AN ACT relating to industrial hemp.
Create new sections of KRS Chapter 260 to define "department," "industrial hemp," and "THC"; require persons wanting to grow or process industrial hemp to be licensed by the Department of Agriculture; require criminal history checks by local sheriff; require the Department of Agriculture to promulgate administrative regulations to carry out the provisions of the Act; require sheriff to monitor and randomly test industrial hemp fields; assess a fee of $5 per acre for every acre of industrial hemp grown, with a minimum fee of $150, to be divided equally between the Department of Agriculture and the appropriate sheriff's department; require licensees to provide the Department of Agriculture with names and addresses of any grower or buyer of industrial hemp and copies of any contracts the licensee may have entered into relating to the industrial hemp; clarify that the Act does not authorize any person to violate federal law.
SB 17/LM/CI (BR 202) - J. Denton, D. Harper Angel, G. Neal
AN ACT relating to sexual abuse.
Amend KRS 510.110, relating to sexual abuse in the first degree, to prohibit certain persons employed by or associated with an agency or facility responsible for detention or treatment from having sexual contact with persons incarcerated, supervised, evaluated, or treated by those agencies; amend KRS 510.120 to conform.
SB 20/LM (BR 308) - J. Schickel, D. Seum
AN ACT relating to public records.
Create a new section of KRS 65.750 to 65.760 to restrict the availability of recordings of 911 communications to releases by court order; permit release of written transcripts of 911 communications; permit the person who made communication and person who is the subject of communication to permit release of the communication without a court order; permit acquisition of recorded copy in criminal, civil, or administrative proceedings; provide that any person may listen to, but shall not make any recordings of, 911 communications; allow written notes of the contents of the communication; prohibit making any audio recording of actual communication when authorized to make notes about the communication; establish penalty.
SB 23 (BR 283) - D. Harper Angel
AN ACT relating to personal communication devices.
Create a new section of KRS Chapter 189 to prohibit text messaging, instant messaging, and e-mailing while operating a motor vehicle; define "personal communication device"; provide for specific exclusions; amend KRS 189.990 to set penalties; provide for a probationary period ending November 1, 2010, during which courtesy warnings will be issued; set fine for violation at $100 for the first offense and not less than $100 nor more than $300 for each subsequent offense after the probationary period; set fine at not less than $200 nor more than $600 if the violation caused a motor vehicle accident.
SB 24/LM (BR 315) - D. Harper Angel, J. Schickel
AN ACT relating to the limited sale of alcoholic beverages by the drink at designated state parks.
Create new sections of KRS Chapter 242 and 243 to permit the limited sale of distilled spirits, wine, and malt beverages at state resort parks, and qualified state recreational parks; allow a local option election for state resort parks 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 licensing 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.
SB 27 (BR 313) - P. Clark, D. Harper Angel
AN ACT relating to certified police officers.
Amend KRS 15.520 to define "police officer," as used in the Police Officer's Bill of Rights, to include all paid, full-time officers required to be certified pursuant to KRS 15.380; make technical corrections.
AN ACT relating to state troopers.
Amend KRS 16.198 to allow retired state troopers who are re-hired under the Trooper R Class program to retain training credit and certifications held by the officer at the time of retirement; include non-codified provision applying the bill's provisions to troopers previously hired under the Trooper R program.
SB 107/LM/CI (BR 1438) - B. Smith
AN ACT relating to crimes and punishments and declaring an emergency.
Create new sections of KRS Chapter 218A to prohibit possession of, trafficking in, and cultivation of salvia and impose penalties; amend KRS 218A.010 to define "salvia"; amend KRS 218A.050 to include salvia as a Schedule I controlled substance; amend KRS 217.065, relating to misbranded drug or device, to include salvia; amend KRS 218A.141 relating to additional penalties for trafficking, to include trafficking in salvia; amend KRS 218A.1411, relating to trafficking in a controlled substance in or near school, to exclude offenses relating to salvia; amend KRS 218A.276, relating to a rehabilitation program for possessors of marijuana, to include possessors of salvia; amend KRS 218A.410, relating to property subject to forfeiture, to exclude misdemeanor offenses relating to salvia in certain circumstances; amend KRS 218A.500 to include in the definition of "drug paraphernalia" certain items used with salvia; amend KRS 218A.992, relating to enhancement of penalty for drug offense when in possession of a firearm, to exclude offenses involving salvia; amend KRS 530.064, relating to unlawful transaction with a minor in the first degree, to exclude activity involving salvia; amend various other sections to conform; EMERGENCY.
SB 108/AA (BR 1068) - R. Jones II
AN ACT relating to retirement.
Create new sections of KRS 6.500 to 6.577 and 21.345 to 21.570 to suspend the retirement allowance of a retired member of the Legislators' Retirement Plan or Judicial Retirement Plan if he or she retired on or after August 1, 2010, and returned to work for an agency that participates in the Kentucky Employees Retirement System, the State Police Retirement System, the Judicial Retirement Plan, or the Legislators' Retirement Plan; amend KRS 61.637 to suspend the retirement allowance of a retired member of the Kentucky Employees Retirement System or the State Police Retirement System if he or she retired on or after August 1, 2010, and returned to work for an agency that participates in the Kentucky Employees Retirement System, the State Police Retirement System, the Judicial Retirement Plan, or the Legislators' Retirement Plan, unless employed as a Trooper R class under KRS 16.196 to 16.199, or to an elected officer; amend KRS 61.661 to authorize the release of employment and retirement benefit information for retirees who are receiving a benefit from the Kentucky Employees Retirement System, the County Employees Retirement System, and the State Police Retirement System if they have been reemployed with an agency participating in the systems.
SB 109/LM (BR 1261) - D. Harper Angel, K. Stein
AN ACT relating to dating violence.
Amend KRS 403.720 relating to domestic violence orders to include dating partners among the class of persons allowed to obtain domestic violence protective orders; amend KRS 431.005 relating to arrests by peace officers to reference the definition of "unmarried couple" including dating partners in KRS 403.720.
AN ACT relating to child booster seats.
Amend KRS 189.125 to apply the child booster seat requirement to children who are both under the age of 8 years and shorter than 57 inches in height.
AN ACT relating to a residential option for substance abusers.
Create a new section of KRS Chapter 222 to permit the Cabinet for Health and Family Services, subject to available funding, to contract with an agency to operate a therapeutic home as a residential option for substance abuse treatment for adults; require access to services related to treatment, job training, and life skills; permit homes to operate as business training schools; permit the cabinet to promulgate administrative regulations establishing requirements for the operation of the home and business training schools; permit admission to be an option to incarceration as appropriate.
AN ACT relating to crimes and punishments.
Amend KRS 431.015, relating to arrests by peace officers, to require peace officers to issue citations rather than making an arrest for selected Class A and Class B misdemeanors; exempt arrests for assault offenses under KRS Chapter 508, sexual offenses under KRS Chapter 510, and firearms or weapons offenses under KRS Chapter 527.
SB 122 (BR 1461) - J. Schickel
AN ACT relating to firearms, including ammunition and accessories for firearms.
Create a new section of KRS Chapter 237 relating to firearms, ammunition, and firearms accessories made in Kentucky, marked "made in Kentucky," and used in Kentucky to specify that these items, with specified exceptions, are exempt from federal law; name law the "Kentucky Firearms Freedom Act."
SB 123 (BR 1264) - K. Stine, J. Schickel
AN ACT relating to pawnbrokers.
Amend KRS 226.010 to define pledgor; amend KRS 226.040 to expand registry requirements associated with pawn transactions, prohibit pawn transactions with persons unwilling or unable to provide required identification, and require submission of information to the Department of Kentucky State Police or contracted vendor; create a new section of KRS Chapter 17 to require the Department of Kentucky State Police to establish or contract for the provision of a pawn database services.
SB 123 - AMENDMENTS
SCS - Retain original provisions except delete requirement that a photocopy of the pledgor's identification document be maintained in the register and require that the identification document number be recorded in lieu thereof; require that the recording and the reporting of information from the register be done in digital or electronic format; define "permitted user" and restrict access to database to permitted users.
SB 124/LM/AA (BR 1295) - K. Stine
AN ACT relating to local government participation in the state health plans.
Amend KRS 78.530 to allow agencies who are established by a merger or interlocal agreement consisting or at least one agency who participated in the County Employees Retirement System (CERS) on or before April 9, 2002, to be exempt from the requirement of signing a contract for employee health insurance with the Personnel Cabinet as a condition of participation in CERS and to apply the provisions to existing agencies established before the effective date of the Act.
AN ACT relating to the Department of Juvenile Justice.
Create a new section of KRS Chapter 15A to restrict access to Department of Juvenile Justice records if a release of the record would present a threat to the security of a juvenile, juvenile facility, or other person; provide that the department is not required to comply with a record request from a juvenile within the facility unless the record contains a specific reference to that individual; allow persons to challenge denial of a record request pursuant to KRS 61.880(2).
SB 134 (BR 1619) - R. Jones II
AN ACT relating to retirement.
Create a new section of KRS 18A.005 to 18A.200 to require executive branch agencies to reduce the compensation of current unclassified employees and all employees hired on or after August 1, 2010, by the amount of retirement benefit received by the Kentucky Employees Retirement System, the State Police Retirement System, the Judicial Retirement Plan, or the Legislators' Retirement Plan if they have retired and returned to work with the executive branch; exempt individuals employed as a Trooper R Class from the reduction requirement; amend KRS 61.661 to authorize the release of employment and retirement benefit information for retirees who are receiving a benefit from the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System if they are reemployed with an agency participating in the systems.
AN ACT relating to crime victims.
Amend KRS 216B.400, relating to examination services for victims of sexual offenses, to include a qualified medical professional as a person qualified to be on call and examine victims of sexual offenses and gather samples from the victims; require the Justice and Public Safety Cabinet in consultation with the Sexual Assault Response Team Advisory Committee to promulgate regulations for a medical forensic protocol; permit a disabled person to consent to an examination without the required consent of the parent or legal guardian of the individual; add specified medical professionals and entities to parties eligible for reimbursement by the Crime Victims' Compensation Board; provide each victim seeking an examination the right to determine whether to report the offense to law enforcement except in specified circumstances; require the Justice and Public Safety Cabinet in consultation with the Sexual Assault Response Team Advisory Committee to promulgate administrative regulations for the storage, release, or destruction of samples collected during an examination when the victim has not chosen to report to law enforcement; specify that no hospital, sexual assault examination facility, or designated storage facility shall be liable for destruction of samples after the required storage period has expired; amend KRS 314.011 and 403.707 to conform.
SB 136/LM/CI (BR 1473) - J. Rhoads
AN ACT relating to crimes and punishments.
Amend KRS 17.165 to prohibit persons convicted of a criminal offense against a victim who is a minor from being employed at a child-care center; amend KRS 17.500 to modify the definitions used in the sex offender registration system, including the list of triggering offenses and identifying information required of a registrant; amend KRS 17.510 to modify the timelines and process for updating a sex offender's registration information; amend KRS 17.520 to increase the minimum registration period to 25 years; amend KRS 17.545 to modify the measurement process for sex offender residences in relation to playgrounds and day care centers; amend KRS 17.580 to modify the categories of sex offender information that is displayed on the sex offender website; amend KRS 17.990 and 160.151 to conform.
SB 137/LM (BR 1551) - K. Stein
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, 2012.
SB 144/LM/CI (BR 1231) - R. Jones II
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 blood; provide that test results may be excluded under certain conditions; reduce the required alcohol concentration for an aggravating circumstance from 0.18 to 0.15; amend KRS 189A.105 to lower the alcohol percentage from 0.18 to 0.15 for increased penalties; amend various other sections to conform.
SB 145 (BR 1429) - J. Schickel
AN ACT relating to emergency vehicles.
Amend KRS 189.920 relating to lights on emergency vehicles to permit publicly owned jail vehicles used for emergency purposes to use blue lights but not sirens; permit elected jailer or chief administrator of a jail without a jailer to use blue lights on one personal vehicle.
AN ACT relating to concealed deadly weapons.
Amend KRS 527.020 relating to carrying concealed deadly weapons to add domestic relations commissioners, master commissioners, and trial commissioners of the Court of Justice to persons who, if licensed to carry a concealed deadly weapon, may carry them at all locations within the Commonwealth except as specifically provided therein.
SB 153 (BR 1524) - K. Winters
AN ACT relating to TVA peace officers.
Amend KRS 61.886, 61.887, 61.888, and 61.889 to provide that commissions appointing Tennessee Valley Authority police officers as Kentucky peace officers, and associated security bonds, are to be recorded in the Office of the Secretary of State; that Tennessee Valley Authority officers commissioned as peace officers shall have authority throughout any county in which the Tennessee Valley Authority has property or leaseholds and while protecting employees or contractors, or where conducting events.
SB 156 (BR 1574) - T. Buford, K. Stein
AN ACT relating to horses.
Create new sections of KRS Chapter 436 to ban the act of soring horses; define "horse", "management", and "sore" or "soring"; establish the crime of soring and establish penalties; list venues or activities from which offenders shall be banned; specify violations for hiding or destroying evidence that a horse is sore; list duties of management of a horse show, exhibition, sale, or auction; require that management shall have reporting responsibilities to a peace officer; specify the enforcement duties of a peace officer; establish exceptions; repeal KRS 436.185.
AN ACT relating to firefighters and police officers.
Create new sections of KRS Chapter 95 to permit collective bargaining for police officers and firefighters in second and third class of the cities.
AN ACT relating to the Kentucky Law Enforcement Foundation Program fund.
Amend KRS 15.460 and 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.
SB 166/LM (BR 1034) - J. Denton
AN ACT relating to controlled substances.
Create a new section of KRS Chapter 218A to define the terms "controlled substance" and "department"; require the Department for Public Health to develop and implement by January 1, 2011, a three-year pilot program subject to the availability of sufficient funding for the safe disposal of unused or partially used controlled substances by an ultimate user through delivery to a designated facility; permit ultimate users to dispose of controlled substances through persons or entities other than law enforcement personnel or persons or entities as designated by law enforcement personnel; require the department to incorporate environmentally sound practices for the disposal of controlled substances; permit the department to use disposal methods such as incineration or the use of reverse distributors; require the department to coordinate with local and state law enforcement agencies, local health departments, local governments, health facilities, pharmacists, health care providers, and other agencies, facilities, departments, or entities deemed appropriate by the department to establish and maintain the pilot program; require the department to request any necessary waivers of federal law or regulations; permit the department to accept any grant or award of funds from federal or private sources to implement the pilot program; require the department to promulgate administrative regulations; require the department to provide a report on the pilot program by July 1, 2011, and quarterly thereafter to the Legislative Research Commission, the Interim Joint Committee on Health and Welfare, the Interim Joint Committee on Judiciary, the Office of Drug Control Policy, the secretary of the Justice and Public Safety Cabinet, the commissioner of the Department for Public Health, and the Secretary of the Cabinet for Health and Family Services.
AN ACT relating to public safety personnel, making an appropriation therefor, and declaring an emergency.
Amend various sections of KRS Chapter 15 to add designated law enforcement officers into the Kentucky Law Enforcement Foundation Program fund; increase the annual supplement to $3,100; prohibit moneys in the fund from lapsing; permit the secretary of the Justice and Public Safety Cabinet to withhold or terminate payments to any police officer that does not comply with the requirements of eligibility of the fund and provide for appeal; make conforming amendments; amend KRS 95A.220 and 95A.250, relating to the Firefighters Foundation Program fund to increase the annual supplement to firefighters to $3,100; prohibit moneys in the fund from lapsing; make conforming amendments; amend KRS 42.190 to conform; EMERGENCY.
SB 183/LM (BR 254) - R. Jones II
AN ACT relating to the solicitation of accident and disaster victims.
Repeal and reenact KRS 21A.300 as a new section of KRS Chapter 367 to prohibit the solicitation of disaster and accident victims for the first 30 days following the disaster or accident; repeal KRS 21A.310 and 21A.320.
AN ACT relating to 911 emergency services and making an appropriation therefor.
Amend KRS 65.7621 to add new definitions; create new sections of KRS 65.7621 to 65.7643 to create the Kentucky 911 Emergency Communications Authority and establish the board of directors; amend KRS 65.7623 to provide the board of directors take over for the CMRS Board; amend KRS 65.7625 to establish an executive director of 911 emergency communications and provide that the director assist with the development of a next generation 911 strategy; amend KRS 65.7627 to establish the 911 fund to be made up of 911 service charges and prepaid wireless service charges; amend KRS 65.7629 to exempt from prepaid wireless services from the 911 service charge and make technical changes; amend KRS 65.7631 to make technical changes; amend KRS 65.7633 to require the board to establish procedures for the submission of a state 911 plan, including the development of a next generation 911 system; create a new section of KRS 65.7621 to 65.7643 requiring the board to recommend an equitable 911 funding procedure before July 1, 2011; amend KRS 65.7635 to conform; amend KRS 65.7635 to remove language relating to prepaid CMRS services, which will take effect on January 1, 2011; create a new section of KRS 65.7621 to 65.7643 to create definitions for this section, provide a mechanism for a 1.4% prepaid wireless service charge to be assessed at the point of sale of prepaid wireless telecommunications services; provide that sellers remit the prepaid wireless service charge to the Department of Revenue, which shall forward the funds to the Kentucky 911 Emergency Communications Authority; amend KRS 65.7639 and 65.7641 to conform; repeal KRS 39G.040; provide that Sections 11 and 12, relating to prepaid wireless service charges, are effective as of January 1, 2011.
SB 193/LM (BR 35) - W. Blevins Jr., D. Harper Angel, K. Stein
AN ACT relating to the interview of a minor in a criminal investigation.
Create a new section of KRS Chapter 505 to restrict the interview or interrogation of a minor about their suspected involvement in criminal conduct.
HB 1/LM/CI (BR 251) - G. Stumbo, R. Palumbo, R. Weston, R. Adkins, L. Clark, H. Collins, W. Coursey, J. Crenshaw, R. Damron, M. Denham, T. Firkins, K. Flood, K. Hall, D. Keene, Ji. Lee, S. Overly, T. Riner, S. Santoro, K. Sinnette, J. Stacy, K. Stevens, B. Yonts
AN ACT relating to the use of global positioning monitoring systems including monitoring-related restrictions and sanctions in domestic violence cases.
Amend KRS 403.720 relating to domestic violence definitions to define "global positioning monitoring system"; amend KRS 403.740 relating to emergency protective orders to permit a court to restrain a respondent from going to or near specified locations; amend KRS 403.750 relating to domestic violence orders to permit court a to restrain a respondent from going to or near specified locations; create a new section of KRS Chapter 403 to permit the petitioner in a domestic violence order case to inform the court of places the petitioner does not want the respondent to go into or near; create a new section of KRS Chapter 403 to require the court to assess the respondent's dangerousness; create a new section of KRS Chapter 403 to a permit court, as part of a domestic violence order, to order a respondent to wear or carry global monitoring system device and permit a petitioner to carry a device notifying the petitioner that the respondent is nearby; require the court to notify the petitioner of the operation and limitations of global positioning monitoring system devices, and provide a penalty for removing or tampering with the device; create a new section of KRS Chapter 403 to require the Department of Corrections to contract with entities providing global positioning system monitoring services to provide services meeting the requirements of the statutes; name act the Amanda Ross Domestic Violence Prevention Act.
HB 1 - AMENDMENTS
HCS/LM/CI - Retain original provisions, except change references relating to a child of the petitioner to be a minor; delete provision requiring Department of Corrections to operate the monitoring program; create a new section of KRS Chapter 67 to permit a county or group of contiguous counties to operate a global positioning monitoring system; set requirements for counties operating a monitoring system, permit a county to charge an administrative fee in addition to the monitoring fee; create a new section of KRS Chapter 67 to set forth monitoring system and contract requirements; permits counties to operate monitoring programs for pretrial release, pretrial diversion, and probation programs; amend KRS 431.517 relating to pretrial release of a person on home incarceration to permit a court to include GPS monitoring; amend KRS 431.518 relating to pretrial release of persons with substance abuse problems to permit the court to include GPS monitoring; amend KRS 431.520 relating to pretrial release to permit the court to include GPS monitoring; amend KRS 533.250 relating to felony pretrial diversion programs to permit the court to include GPS monitoring; amend KRS 533.030 relating to probation to permit a court ordering probation or shock probation to order GPS monitoring.
HCA (1/Title, G. Stumbo) - Make title amendment.
HFA (1, T. Kerr) - Amend Section 5(4) of the bill when a petitioner makes a request to require the respondent to participate in a global positioning monitoring system and conduct investigations about the respondent's past history of violence; require the court to weigh the likelihood that if the respondent is not ordered to participate in monitoring that respondent will likely seek to kill, physically injure, stalk, or otherwise threaten the petitioner or a minor child of the petitioner; enter an order with findings of fact and reasons why the petitioner's request is being granted or denied, and make technical corrections.
HB 15/LM/CI (BR 38) - T. Riner, D. Watkins
AN ACT relating to shock probation.
Amend KRS 439.265 to prohibit shock probation until either service of one year of imprisonment or completion of a comprehensive substance abuse treatment with supplemental character and education components; amend to allow victim's next-of-kin to consent in writing to granting shock probation to the defendant; provide for short title, "The Kentuckians against Drunk Driving Act."
HB 25/LM (BR 133) - J. Richards, R. Crimm
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 26/LM (BR 87) - A. Simpson, B. Housman, A. Webb-Edgington
AN ACT relating to open records.
Amend KRS 61.870 to include in the definition of public agency those bodies that participate in the state retirement systems.
AN ACT relating to personal communication devices.
Create a new section of KRS Chapter 189 to prohibit the use of a personal communication device for any person under the age of 18 while operating a motor vehicle; provide for exclusions; create a new section of KRS Chapter 189 to prohibit text messaging while operating a motor vehicle; provide for certain exclusions; amend KRS 189.990 to set penalties for violations for this Act; provide for a probationary period ending November 1, 2010, where courtesy warnings will be issued; set a fine of $50 for each offense after the probationary period; exempt fines from court costs.
HB 29/LM (BR 49) - A. Simpson
AN ACT relating to criminal record expungement.
Create a new section of KRS Chapter 431 to allow a person convicted of one Class D felony or a series of Class D felonies arising out of a single event to petition to have the felony record expunged under specified circumstances; amend KRS 431.078, relating to misdemeanor expungements, to begin the five-year waiting period from the date of adjudication of the offense; amend KRS 527.040, relating to possession of a firearm by a felon, to exempt individuals who have had their felony records expunged; create a new section of KRS Chapter 431 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 30/LM (BR 145) - J. Jenkins, J. Richards
AN ACT relating to dating violence.
Amend KRS 403.720 relating to domestic violence orders to include dating partners among the class of persons allowed to obtain domestic violence protective orders; amend KRS 431.005 relating to arrests by peace officers to reference the definition of "unmarried couple" including dating partners in KRS 403.720.
AN ACT relating to crimes and punishments.
Amend KRS 532.356 to remove the provisions requiring the withdrawal of driving privileges for persons convicted of a theft offense who have not paid court ordered restitution; include non-codified transitional provisions for persons whose driving privileges had been previously removed.
AN ACT proposing to amend Section 228 of the Constitution of Kentucky.
Propose to amend Section 228 of the Constitution of Kentucky to delete language regarding duels; submit to the voters for approval or disapproval.
HB 43 (BR 180) - J. Richards, C. Hoffman, Ji. Lee, C. Miller, D. Watkins
AN ACT relating to personal communication devices.
Create a new section of KRS Chapter 189 to define "personal communication device"; prohibit text messaging while operating a motor vehicle; provide for specific exclusions; amend KRS 189.990 to set penalties; provide for a probationary period ending January 1, 2011, during which courtesy warnings will be issued; set fine for violation at $20 to $100 for each offense after the probationary period; exclude court costs.
HB 45/CI (BR 185) - T. Burch, J. Wayne
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, 17.176, 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 53/LM/CI (BR 120) - J. Richards
AN ACT relating to criminal gangs.
Create new sections of KRS Chapter 17 to permit law enforcement and prosecution agencies to share criminal gang information; create a new section of KRS Chapter 431 to permit an action for civil damages in criminal gang activity and criminal gang recruitment cases; create a new section of KRS Chapter 431 to permit courts to enjoin criminal gang activity and criminal gang recruitment activity; create a new section of KRS Chapter 506 to create definitions relating to criminal gangs; create new sections of KRS Chapter 506 to create the crimes of criminal gang recruitment in the first degree and second degree and permit seizure and forfeiture of criminal gang assets and property; amend KRS 506.150 relating to evidence necessary to establish criminal gang activity; repeal KRS 506.140 relating to criminal gang recruitment and definitions.
HB 57/LM (BR 20) - J. Richards
AN ACT relating to crimes and punishments.
Create a new section of KRS Chapter 531 to prohibit a person under 18 years of age from transmitting a nude image of himself or herself or another person under 18 years of age to another person by computer or electronic means as a violation for the first offense and a Class B misdemeanor for each subsequent offense; provide for juvenile court jurisdiction; prohibit requiring registration as sex offender; create new section of KRS Chapter 531 to prohibit possession of a nude image of a person under 18 years of age as a violation for the first offense and a Class B misdemeanor for each subsequent offense; provide for juvenile court jurisdiction for person under 18 at time of commission of offense and District Court jurisdiction for persons over 18; prohibit requiring registration as sex offender.
HB 58/LM (BR 275) - D. Keene, S. Santoro
AN ACT relating to driving under the influence.
Amend KRS 189A.005 to expand the definition of "ignition interlock device"; amend KRS 189A.010 to include driving the wrong way on a four-lane highway among the list of factors for triggering aggravated DUI penalties; amend KRS 189A.070 to provide that a reduction in the time period of a license revocation does not lessen the time required for ignition interlock usage; amend KRS 189A.085 to run the period of a license plate impoundment from the date of sentencing to the day the offender is authorized to resume driving; amend KRS 189A.340 to require ignition interlock usage beginning with the first DUI offense and to remove an offender's ability to drive a non-interlock-equipped work vehicle; amend KRS 189A.410 to require ignition interlock usage while an offender is driving on a hardship license.
HB 60/LM/CI (BR 277) - D. Keene
AN ACT relating to public safety.
Create a new section of KRS Chapter 17 to provide a registration system for persons convicted of murder, define "registrant," and "murder," establish period of registration, and establish penalties for failure to register.
HB 64/LM/CI (BR 237) - J. Richards
AN ACT relating to criminal gangs.
Create a new section of KRS Chapter 17 to permit named agencies to operate a criminal gang database and share the information with named agencies; define which information may be included in a criminal gang database; specify which local, state, and federal agencies may access information in a criminal gang database on a need to know basis; create a new section of KRS Chapter 431 to permit crime victims to sue persons convicted of criminal gang activity for treble damages; permit a person who is the victim of criminal gang activity to bring court action to enjoin criminal gang activity; create a new section of KRS Chapter 506 to define what constitutes a criminal gang and other terms related to criminal gangs; create the crimes of criminal gang recruitment in the first degree and criminal gang recruitment in the second degree; provide for seizure of money or property used in or the proceeds of criminal gang related activity; amend KRS 506.150 relating to establishing the existence of a criminal gang to reduce from 5 to 3 the number of persons involved in the activity; repeal KRS 506.140 relating to definitions for the chapter.
HB 73/LM/CI (BR 262) - M. Denham
AN ACT relating to domestic violence.
Amend KRS 403.725 to prohibit joint mediation, conciliation, or counseling requirements within an emergency protective order or a domestic violence order; amend KRS 403.740 to allow an emergency protective order to remain in effect until the domestic violence hearing, with only the summons needing to be reissued in the event of a lack of service upon the adverse party; amend KRS 403.750 to require counseling in all cases for persons against whom a domestic violence order is entered; amend KRS 403.7505 to recognize batterer intervention services within the scope of certifies counseling services; amend KRS 403.763 to increase the penalty for a third or subsequent violation of an emergency protective order or a domestic violence order to a Class D felony; create a new section of KRS Chapter 511 to create the crime of domestic violence shelter trespass.
HB 76/LM/CI (BR 341) - M. Denham
AN ACT relating to crimes and punishments.
Amend KRS 500.080 to include loss of consciousness within the definition of physical injury; amend KRS 508.020 to include intentionally or wantonly causing physical injury by means of strangulation within the offense of assault in the second degree.
HB 79 (BR 199) - J. Arnold Jr.
AN ACT relating to the operation of golf carts on public roads.
Amend KRS 189.286, relating to the ability of local governments to allow operation of golf cart on roads under their control, to expand the allowable distance from a golf course from five miles to seven miles.
HB 82/LM/CI (BR 355) - D. Horlander
AN ACT relating to crimes and punishments.
Amend KRS 508.025 relating to third degree assault to include an assault on an operator or passenger of a taxi, bus, or other passenger vehicle for hire within that offense; amend KRS 508.050 and 525.060 relating to menacing and disorderly conduct to increase the penalty for those offenses where the offense is committed against an operator or passenger of a taxi, bus, or other passenger vehicle for hire.
HB 83/LM (BR 228) - 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 database.
HB 85/LM (BR 281) - L. Clark, R. Weston
AN ACT relating to the limited sale of alcoholic beverages by the drink at designated state parks.
Create new sections of KRS Chapter 242 and 243 to permit the limited sale of distilled spirits, wine, and malt beverages at state resort parks, and qualified state recreational parks; allow a local option election for state resort parks 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 licensing 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.
HB 87 (BR 348) - S. Lee, D. Floyd, T. Kerr
AN ACT relating to firearms, including ammunition and accessories for firearms.
Create new sections of KRS Chapter 237, relating to firearms, firearm accessories and ammunition that are made in Kentucky, marked made in Kentucky, and used in Kentucky, to specify that these items are exempt from federal law; provide that the exemption does not include machine guns, silencers, exploding ammunition, or firearms with a bore over one and one-half inches name the new sections the "Kentucky Firearms Freedom Act."
HB 107/LM (BR 279) - B. Farmer
AN ACT relating to protection of private information.
Create a new section of KRS 65.003 to 65.158 to require that any local governmental entity shall safeguard the records of any individual or other taxpayer in a manner consistent with federal law relating to the protection and destruction of documents.
HB 113/LM (BR 357) - M. Denham
AN ACT relating to transportation.
Amend KRS 189.030 to require the illumination of headlights during any period of precipitation that necessitates the use of windshield wipers by motorists.
HB 116/LM (BR 146) - J. Jenkins, A. Webb-Edgington
AN ACT relating to electronic warrants.
Amend KRS 17.131 to require all criminal justice system participants, certain state agencies, the Court of Justice, and the Administrative Office of the Courts to participate in the state-wide electronic warrant (e-warrant) system; provide that any entity failing to cooperate and participate shall be denied access to state and federal grants; provide that the e-warrant system is to be maintained by the Kentucky Department of State Police.
HB 117/LM (BR 467) - M. Marzian, R. Palumbo
AN ACT relating to civil rights.
Amend KRS 344.010 to include definitions for "sexual orientation" and "gender identity"; amend KRS 344.020, relating to the purpose of the Kentucky's civil rights chapter, to include a prohibition on discrimination because of sexual orientation and gender identity; amend KRS 344.040, 344.050, 344.060, 344.070, and 344.080, relating to prohibited discrimination in various labor and employment practices, to include sexual orientation and gender identity; amend KRS 344.025, 344.100, 344.110, and 18A.095 to conform; amend KRS 344.120 and 342.140, relating to prohibited discrimination in places of public accommodation and advertisements therefor, to include sexual orientation and gender identity; amend KRS 344.170, 344.180, 344.190, 344.300, and 344.310, relating to the state and local human rights commissions, to include prohibition of discrimination on the basis of sexual orientation and gender identity in the scope of their powers and duties; amend KRS 344.360, 344.680, 344.370, and 344.380, relating to prohibited discrimination in certain housing, real estate, and other financial transactions, to include sexual orientation and gender identity; amend KRS 344.367, relating to prohibited discrimination in certain insurance sales, to include sexual orientation and gender identity; amend KRS 344.400, relating to prohibited discrimination in certain credit transactions, to include sexual orientation and gender identity; make various technical amendments.
HB 121/LM/CI (BR 97) - M. Harmon
AN ACT relating to driving under the influence.
Amend various sections in KRS Chapter 189A, relating to driving under the influence, to restructure the existing penalties from a four-tiered structure to a three-tiered structure; expand the five year look back window for prior offenses from 5 years to 10 years, and to allow forfeiture of motor vehicles used in a DUI if the operator's license had been previously suspended; amend KRS 281A.2102 to conform.
HB 127/LM/CI (BR 343) - R. Meeks, T. Riner
AN ACT relating to expungement of criminal records.
Amend KRS 431.076 which provides for expungement of record of person found not guilty or against whom charges have been dismissed at defendant's request to require that the record be automatically expunged without a request from the defendant; expand expungement to convictions reversed on appeal when retrial is prohibited or not contemplated; permit defendant to waive automatic expungement; specify expungement procedures; retroactive.
AN ACT relating to the operation of a motor vehicle and making an appropriation therefor.
Create a new section of KRS Chapter 186 to require the Transportation Cabinet to issue every holder of an instructional permit two decals; require every holder of an instructional permit to, when operating a motor vehicle, affix decals issued to the vehicle; require Transportation Cabinet to promulgate administrative regulations to prescribe the manner the decals are to be displayed; amend KRS 186.450 to require that holders of instructional permits display decals when operating a motor vehicle; establish a delayed effective date of January 1, 2011.
HB 136/LM (BR 818) - R. Henderson
AN ACT relating to substance endangerment of a child prior to birth.
Create a new section of KRS Chapter 530 relating to family offenses, to create the crime of substance endangerment of a child prior to birth when a mother's use of alcohol or controlled substances prior to birth results in the birth of a child with substance abuse problems or serious physical injury.
AN ACT relating to the taking of black bears.
Create a new section of KRS Chapter 150 to allow an authorized person to take a black bear that threatens human safety within 30 yards of an occupied dwelling.
HB 145/LM/AA (BR 126) - M. Cherry
AN ACT relating to retirement.
Amend KRS 18A.205 to provide that a retiree who has been reemployed in a full-time position within state government on or after September 1, 2008, shall be eligible for life insurance benefits; amend KRS 61.510 and 78.510 to provide that the retirement systems shall add one or more fiscal years to the final compensation calculation for employees participating in the Kentucky Employees Retirement System or the County Employees Retirement System on or after September 1, 2008, if the member does not have five complete fiscal years of service upon retirement; amend KRS 61.637 to make technical changes.
HB 153/LM (BR 494) - D. Floyd, B. Housman
AN ACT relating to in-the-line-of-duty death benefits.
Amend KRS 61.315 to add that the spouse or dependents of an emergency responder volunteering for or employed by a licensed ambulance service under KRS Chapter 311A are eligible for a state death benefit when the emergency responder dies in the line of duty; requires the Board of Emergency Medical Services to promulgate administrative regulations to carry out the provisions of the statute; clarify "federal active duty".
HB 161/LM/CI (BR 206) - M. Marzian
AN ACT relating to sexual abuse.
Amend KRS 510.110, relating to sexual abuse in the first degree, to prohibit law enforcement personnel and certain persons employed by or associated with an agency or facility responsible for detention or treatment of offenders from having sexual contact, sexual intercourse, or deviate sexual intercourse with persons incarcerated, supervised, evaluated, or treated by those agencies; amend KRS 510.120 to conform.
HB 169/LM (BR 801) - J. Jenkins
AN ACT relating to crimes and punishment.
Amend KRS 525.125, relating to cruelty to animals in the first degree, to provide that causing any animal, not just a four-legged animal, to fight is a Class D felony; amend KRS 525.130, relating to cruelty to animals in the second degree, to provide that a person is guilty of cruelty to animals in the second degree if he is a spectator at any animal fight, not just a four-legged animal fight, possesses an animal for fighting, possesses a device used for animal fighting, or administers a drug to an animal for the purpose of fighting.
AN ACT relating to 911 emergency services.
Amend and create various sections of KRS Chapter 65 to add definitions; create the Kentucky 911 Oversight Board; change duties of the state administrator of 911 emergency telecommunications to include next generation 911 and reflect other technical changes; establish Kentucky 911 fund; change the duties of the board to reflect needs of next generation 911 system; include new items to be implemented by administrative regulation by the board; require the board to gather information to be used to set statewide 911 service charge; provide process by which the board will establish a statewide 911 service charge by administrative regulation; provide for the establishment and collection of the prepaid wireless 911 service charge; include provisions by which the collection of the CMRS service charge shall end; include provisions by which the distributions from the CMRS fund will end; provide a distribution formula for funds from the 911 fund; make technical changes required by the transition to a 911 board that collects the 911 service charge from all communication devices; make technical changes required by the transition to a next generation 911 system; include provisions by which the imposition of any special tax, license, or fee by a local government on landlines for the funding of 911 emergency services will end; amend KRS 39G.040 to conform; create new sections of KRS Chapter 142 to provide for the collection and remittance of the 911 service charge and prepaid wireless 911 service charge to the Department of Revenue; amend KRS 136.660 to conform.
HB 189/LM (BR 451) - Ji. Lee, J. Jenkins, H. Moberly Jr., D. Owens, D. Pasley, J. Richards, J. Wayne
AN ACT relating to domestic violence.
Create a new section of KRS Chapter 26A to require the reporting of specified criminal offenses relating to domestic violence; create a new section of KRS Chapter 403 to require basic and in-service domestic violence training for law enforcement officers.
HB 196/LM/CI (BR 883) - L. Belcher
AN ACT relating to disarming a peace officer.
Amend KRS 508.160, relating to disarming a peace officer, to add electronic weapons, electro-muscular disruption devices, pepper spray, and tear gas spray to an officer's protected devices.
HB 205/LM/CI (BR 247) - J. Jenkins, M. Marzian
AN ACT relating to domestic violence.
Amend KRS 403.750 relating to domestic violence orders, to order respondent to surrender all firearms possessed to the sheriff of the county in which the respondent resides for the duration of the domestic violence order, prohibit possession of firearms by respondent while domestic violence order is in effect, permit respondent to transfer firearms to another prior to issuance of domestic violence order; create a new section of KRS Chapter 70 to require each sheriff to have secure storage area for firearms surrendered during the period a domestic violence order is in effect; create a new section of KRS Chapter 527 to prohibit possession of a firearm or ammunition by a person convicted of a misdemeanor crime of domestic violence as a Class D felony; create a new section of KRS Chapter 527 to make possession of a firearm or ammunition while subject to a domestic violence order a Class D felony.
HB 207/LM/CI (BR 810) - T. McKee, S. Santoro
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 A misdemeanor if the person is charged with or has been convicted of a misdemeanor or a Class D felony if the person is charged with or has been convicted of a felony; amend KRS 520.030 and 520.040, relating to escape, to conform.
AN ACT relating to civil liability for emergency care.
Amend KRS 411.148, relating to the "Good Samaritain" law and nonliability for emergency care, to apply the law to all persons rendering care without remuneration, rather than to named persons; repeal KRS 311A.150.
HB 216/LM (BR 1028) - J. Richards
AN ACT relating to special Fraternal Order of Police license plates.
Amend KRS 186.162 to establish an extra fee of $5 initial and $10 renewal for special Fraternal Order of Police license plates; direct that the extra fee benefit the Fraternal Order of Police Death Benefit Fund.
AN ACT relating to breast-feeding.
Amend KRS 211.990 to establish a fine of $500 for the first offense and $1,000 for each subsequent penalty for any person who violates any provision of KRS 211.755, which establishes that breast-feeding is permitted by a mother in any location, public or private, where the mother is otherwise authorized to be.
HB 232/LM (BR 1125) - T. Burch, R. Meeks
AN ACT relating to the operation of a motor vehicle.
Create a new section of KRS Chapter 189 to define terms, including "personal communication device"; prohibit the use of a personal communication device to send or receive verbal or text communications by the operator of a motor vehicle; provide limited exceptions; amend KRS 189.990 to provide for a warning for the first violationa fine between $20 and $100 for subsequent violations.
HB 249/LM (BR 1157) - T. Riner, G. Stumbo
AN ACT relating to crimes and punishments.
Amend KRS 508.030 relating to assault in the fourth degree to provide that if the act was intentional and the relationship between the perpetrator and the victim meets the definition of family member or member of an unmarried couple then the offense shall constitute a high misdemeanor under Sections 145 and 150 of the Constitution of Kentucky prohibiting persons convicted of a high misdemeanor from voting or holding public office unless granted a restoration of rights by the Governor.
AN ACT relating to the protection of adults.
Amend KRS 216.712 to prohibit personal service providers from accepting gifts or gratuities of $100 or more if the services are provided in the home of a disabled senior citizen's home; amend KRS 216.714 to establish a fine for the offense; provide a short title of, "The Carl Everett Pendelton, Sr. Adult Protection Act of 2010."
HB 253/LM (BR 1132) - D. Floyd, B. Montell, R. Crimm, J. DeCesare, M. Dossett, J. Fischer, M. Harmon, T. Moore, L. Napier, D. Osborne, S. Santoro, A. Wuchner
AN ACT proposing to create a new section of the Constitution of Kentucky, adopting a 21st Century Bill of Rights.
Propose to create a new section of the Constitution of Kentucky to require the Kentucky General Assembly to provide a reasonable period of time for public review and comment prior to the final enactment of any appropriation or revenue measure; require city, county, and state governmental and quasi-governmental agencies to use technology and make public information accessible via electronic media; declare no law or rule shall compel any person, employer, or health care provider to participate in any health care system; declare no law or rule shall compel any person, employer, or health care provider to provide abortion services; declare that no law or rule shall prevent the severing of coal and require city, county, and state governmental agencies to assist in the advancement of energy policy, science, technology, and innovation using Kentucky coal and other Kentucky-based energy resources; declare no law or rule shall prevent any person, employer, teacher, or city, county, or state government official from posting the Ten Commandments as part of a display of historic documents; declare no law or rule shall compel any law-abiding person to surrender firearms or infringe upon the lawful possession and use of firearms; and to claim sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States for the people of the Commonwealth of Kentucky.
HB 255 (BR 1113) - D. Osborne
AN ACT relating to bicycles.
Create a new section of KRS Chapter 189 to prohibit the operation of a bicycle on a state-maintained highway while transporting a person under the age of 18 years in an attached trailer or other apparatus.
HB 262 (BR 1222) - S. Santoro
AN ACT relating to inspections of commercial motor vehicles.
Amend KRS 189.227 to change references to "weighmasters" to "commercial motor vehicle inspectors"; transfer employment of commercial motor vehicle inspectors from the Transportation Cabinet to the State Police; make technical corrections.
HB 265/LM/CI (BR 1083) - W. Coursey, G. Stumbo, F. Steele
AN ACT relating to crimes and punishments and declaring an emergency.
Create new sections of KRS Chapter 218A to prohibit possession of, trafficking in, and cultivation of salvia and impose penalties; amend KRS 218A.010 to define "salvia"; amend KRS 218A.050 to include salvia as a Schedule I controlled substance; amend KRS 217.065, relating to misbranded drug or device, to include salvia; amend KRS 218A.141 relating to additional penalties for trafficking, to include trafficking in salvia; amend KRS 218A.1411, relating to trafficking in a controlled substance in or near school, to exclude offenses relating to salvia; amend KRS 218A.276, relating to a rehabilitation program for possessors of marijuana, to include possessors of salvia; amend KRS 218A.410, relating to property subject to forfeiture, to exclude misdemeanor offenses relating to salvia in certain circumstances; amend KRS 218A.500 to include in the definition of "drug paraphernalia" certain items used with salvia; amend KRS 218A.992, relating to enhancement of penalty for drug offense when in possession of a firearm, to exclude offenses involving salvia; amend KRS 530.064, relating to unlawful transaction with a minor in the first degree, to exclude activity involving salvia; amend various other sections to conform; EMERGENCY.
AN ACT relating to peace officers.
Amend KRS 61.365 relating to federal peace officers who have been granted Kentucky peace officer powers to add the United States Mint Police and restrict jurisdiction.
HB 285/LM/CI (BR 63) - A. Wuchner, L. Belcher, S. Brinkman, T. Burch, J. Carney, R. Crimm, B. Farmer, J. Fischer, J. Jenkins, T. Kerr, S. Lee, M. Marzian, R. Nelson, M. Rader, T. Riner, S. Westrom, J. York
AN ACT relating to pediatric abusive head trauma.
Provide noncodified language to acknowledge a current pilot project designed to educate parents about pediatric abusive head trauma at three Norton Healthcare hospitals and request that preliminary results be shared with the Interim Joint Committee on Health and Welfare by November 2010; create a new section of KRS Chapter 15 to define terms; amend KRS 15.334 to include the dynamics of pediatric abusive head trauma and model protocols to address pediatric abusive head trauma as mandatory training subjects for law enforcement officers; create a new section of KRS Chapter 158 to require inclusion of a segment on pediatric abusive head trauma in health education curriculum in Kentucky high schools; create a new section of KRS Chapter 197 to require that a course covering the prevention and recognition of pediatric abusive head trauma be made available to inmates in state penitentiaries, and encourage local jailers to include a similar course; create a new section of KRS Chapter 199 to require that practicing guardian ad litem attorneys receive 1.5 hours of training in the prevention and recognition of pediatric abusive head trauma at least once every five years as part of their continuing legal education; amend KRS 199.472 to require all prospective adoptive parents to take a 1.5 hour course in the prevention of pediatric abusive head trauma; amend KRS 199.896 to require employees and owners of child-care centers to take a 1.5 hour course once every 5 years as a part of their continuing education requirements and covering the prevention and recognition of pediatric abusive head trauma; amend KRS 211.690 to require the HANDS program to include an educational component on the recognition and prevention of pediatric abusive head trauma; create a new section of KRS Chapter 216B to require all health care professionals practicing in urgent care facilities to complete approved continuing education covering the recognition and prevention of pediatric abusive head trauma; amend KRS 311.601 to require practicing pediatricians, radiologists, family practitioners, trauma physicians, and emergency medicine physicians to complete 1.5 hours of continuing medical education once by December 31, 2013, and to require new specialists to complete the 1.5 hour training course once; amend KRS 311.844 to require physician's assistants to complete 1.5 hours of continuing education covering the recognition and prevention of pediatric abusive head trauma once by December 31, 2013; create a new section of KRS Chapter 311A to require paramedics to complete 1.5 hours of continuing education covering the recognition and prevention of pediatric abusive head trauma at least once every five years; amend KRS 311A.120 to require emergency medical technicians or first responders to complete 1.5 hours of continuing education covering the recognition and prevention of pediatric abusive head trauma at least once every five years; amend KRS 314.073 to require nurses to complete 1.5 hours of continuing competency requirements covering the recognition and prevention of pediatric abusive head trauma at once by December 31, 2013; amend KRS 335.130 to require licensed social workers and licensed clinical social workers to complete 1.5 hours of continuing education covering the recognition and prevention of pediatric abusive head trauma at least once every six years; amend KRS 620.360 to require foster parents that receive placements of children under the age of five to attend a continuing education session covering the prevention and recognition of pediatric abusive head trauma; amend KRS 194A.545 to encourage the cabinet's training academy to include training covering the recognition and prevention of pediatric abusive head trauma for front-line child protection staff.
HB 289/LM/AA (BR 25) - M. Cherry
AN ACT relating to retirement.
Amend KRS 6.525, 16.645, 61.690, 78.545 161.700, and 21.540 to require the Kentucky Employees Retirement System, the County Employees Retirement System, the State Police Retirement System, the Kentucky Teachers' Retirement System, the Legislators' Retirement Plan, and the Judicial Retirement Plan to honor qualified domestic relations orders if the orders meet the requirements established by the retirement systems or plan and by these sections; amend KRS 16.505, 61.510, 78.510, 161.220, and 21.540 to define a qualified domestic relations order as any judgment, decree, or order issued by a court or administrative agency which relates to the provision of child support, alimony payments, or marital property rights to an alternate payee and to define an alternate payee as a former spouse, child, or other dependent of a member or retired member of the retirement systems; amend KRS 161.620 to clarify that the minimum benefit payment will not apply if the order reduces the member's payment below the minimum; amend KRS 161.585 to provide procedures for responding to and providing testimony when an employee of the Kentucky Teachers' Retirement System is subpoenaed; amend KRS 161.700 to conform to KRS 403.190(4); amend KRS 21.540 to provide authorization for the Judicial Form Retirement System to promulgate administrative regulations.
HB 294/LM/CI (BR 1313) - B. Montell
AN ACT relating to sex offenders.
Amend KRS 17.545 to add publicly owned parks to the list of sex-offender-restricted areas.
HB 306/LM (BR 1279) - W. Coursey
AN ACT relating to vehicle accident reports.
Amend KRS 189.635 to exempt accident reports filed with the Department of Kentucky State Police from being an open record under KRS 61.872 to KRS 61.884, except in limited circumstances.
HB 313/LM (BR 499) - R. Henderson, T. Edmonds, K. Hall
AN ACT relating to records relating to juveniles who commit criminal offenses.
Amend KRS 610.345 relating to juvenile records to be provided to schools to include misdemeanor records under KRS Chapter 510 relating to sexual offenses; amend KRS 158.155 relating to use of juvenile records by schools to include misdemeanor records relating to sexual offenses; amend KRS 159.170 relating to records to be transferred to a new school when child changes schools to include juvenile records involving criminal offenses.
HB 315 (BR 1223) - S. Santoro, D. Horlander
AN ACT relating to pawnbrokers.
Amend KRS 226.010 to define pledgor; amend KRS 226.040 to expand registry requirements associated with pawn transactions, prohibit pawn transactions with persons unwilling or unable to provide required identification, and require submission of information to the Department of Kentucky State Police or contracted vendor; create a new section of KRS Chapter 17 to require the Department of Kentucky State Police to establish or contract for the provision of a pawn database services.
HB 320/AA (BR 1256) - F. Nesler, S. Rudy
AN ACT relating to retirement.
Amend KRS 61.592 to add positions in juvenile facilities in the Department of Juvenile Justice that require routine face-to-face contact with juvenile offenders to the definition of hazardous duty for retirement purposes; create a new Section of KRS Chapter 15A.200 to 15A.245 to require the Justice Cabinet to request hazardous duty retirement coverage and to pay the hazardous duty employer contributions for those positions in juvenile facilities in the Department of Juvenile Justice that require routine face-to-face contact with juvenile offenders.
HB 329/LM/AA (BR 889) - J. Glenn
AN ACT relating to retirement.
Amend KRS 61.542 to provide that members of the Kentucky Employees Retirement System, the County Employees Retirement System, and the State Police Retirement System cannot change their beneficiary designation for their retirement allowance on or after the first day of the month in which the member receives his or her first payment rather than on or after the date the State Treasurer issues the first payment; make technical amendments; amend KRS 61.590 to provide that a member or beneficiary of a member of the Kentucky Employees Retirement System, the County Employees Retirement System, and the State Police Retirement System cannot change their payment option for their retirement allowance on or after the first day of the month in which the member receives his or her first payment rather than on or after the date the State Treasurer issues the first payment; amend KRS 16.578, 61.630, and 61.640 to conform and to make technical amendments; amend KRS 16.642, 61.650, and 78.790 to provide that the Kentucky Retirement Systems investment committee shall have authority to implement the investment policies adopted by the board rather than providing the committee with the authority to implement investment policies; authorize the change in registration of securities to be completed in accordance with written policies adopted by the Kentucky Retirement System's board rather than upon the signature of the board chair and executive director.
AN ACT relating to alcohol sales to minors.
Amend KRS 241.010 to define alcoholic beverages with special appeal to minors; create new section of KRS Chapter 244 to establish restrictions on the placement of alcoholic beverages with special appeal to minors.
AN ACT relating to alcohol sales to minors.
Create a new section of KRS Chapter 244 to include a sticker requirement for an alcoholic beverage with special appeal to minors; assign responsibility for the placement of the sticker to the wholesaler and distributor; amend KRS 241.010 to define "alcoholic beverage with special appeal to minors."
AN ACT relating to driving under the influence.
Amend KRS 189A.050 to require a person convicted of DUI to pay the cost of drawing blood for testing; amend KRS 189A.103 to provide that a DUI suspect shall bear the cost of any additional testing done of the suspect's blood, breath, or urine if the additional testing is done at the request of the suspect and after the testing directed by the arresting officer.
HB 352 (BR 1507) - C. Miller, C. Siler, D. Butler, L. Clark, D. Horlander, D. Keene, J. Richards
AN ACT relating to highway work zones.
Amend KRS 189.2325, relating to highway work zones, to set forth signage requirements; amend KRS 189.394, relating to speeding, to specify that double fines in work zones are only applicable when required signs are posted and workers are physically present in the work zone.
HB 372 (BR 1545) - T. Riner, L. Clark
AN ACT relating to jury service.
Amend KRS 29A.040 to allow a person who has reached the age of 70 to have his or her name removed from the master list of prospective jurors; amend KRS 29A.090 to allow automatic exemption from jury service for a prospective juror who has reached age 70 and who has elected to have his or her name removed from the master list of prospective jurors.
AN ACT relating to fireworks and making an appropriation therefor.
Repeal and reenact KRS 227.010 to 227.750 regarding fireworks to define terms; require permit to manufacture, sell, offer for sale, ship, or receive fireworks; prohibit consumer purchase of fireworks by mail order; prohibit issuance of permit to person under 18; establish $1,000 annual permit fee for manufacturer, distributor, retailer, wholesaler, and exhibitor, and $100 fee for seasonal retailer; authorize conduct of business associated with each permit; direct permit fees collected as expendable receipts of the fire prevention division; charge the state fire marshal with enforcement of chapter and grant authority to designate deputy fire marshal as fireworks enforcement officer; require the fire marshal to assign a number to each permit; require a permit holder to affix the number to all orders and invoices; require a consignee to a hold permit before shipping or delivering fireworks; authorize purchases only from a seller holding a permit; require a distributor, manufacturer, and wholesaler to keep accurate record of sales; direct that requests for retailer's or seasonal retailer's permits be accompanied by a statement that the sale of fireworks is permissible in the city, county, or other local jurisdiction; grant localities authority to restrict sale of fireworks by ordinance; permit the fire marshal to inspect the location for each permit and to revoke permits for violation of the chapter; direct that permits do not replace privilege licenses and the county clerk must require proof of a permit issued by state fire marshal prior to issuance of a state or county license; authorize permissible fireworks including those classified as D.O.T. Class C common fireworks and items that comply with construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission and those permitted for use by the general public; establish conditions of sale and use of permissible fireworks; list exemptions to definition of fireworks; establish requirements for storage, location, and display of fireworks; require protection of fuses; create new sections of KRS Chapter 227 to forbid the retail sale of Class C fireworks to intoxicated person or persons under the age of 16; prohibit exploding or igniting fireworks from within a moving vehicle, within 600 feet of a church, hospital, asylum, or public school, or within 200 feet of a location where fireworks are stored or sold; prohibit the manufacture, possession, shipment, sale, and use of "illegal ground salutes"; establish conditions for seizure of fireworks as contraband and the process required prior to destroying; list exceptions to application of chapter; grant local governments control of sale and use of fireworks within their jurisdictions; require an exhibitor's license to perform outdoor fireworks display, proximate pyrotechnic display, or indoor or outdoor display using flame effects;
establish conditions and application requirements for issuance of a permit and renewal; establish penalties and conditions for denial, suspension, revocation, or refusal to renew exhibitor's license or certification; direct the fire marshal to establish a program of certification for an outdoor fireworks display operator, proximate pyrotechnic display operator, and flame effect display operator; direct the fire marshal to promulgate administrative regulations to establish scope and type of required examinations; allow for reciprocity; prohibit anyone other than a certified operator to perform an outdoor display using display or 1.4G fireworks; require a certified operator to be present during preparation for a display; prohibit an exhibitor or certified operator from performing outdoor fireworks display, proximate pyrotechnic display, or flame effect display except in accordance with NFPA regulations and administrative regulations promulgated by the state fire marshal; exempt individuals and organizations using Class C common fireworks for personal or display use; establish requirements for public displays, including permit application process; require fire personnel and extinguishers at each event; require the fire marshal to collect a permit fee from the sponsor for each event; require Class B fireworks to be stored in accordance with NFPA regulations and federal, state, and local laws; charge the fire marshal with the administration and enforcement of this chapter; direct the fire marshal to promulgate administrative regulations relating to licensing of exhibitors, certification of operators, training, examinations, manufacture, handling, and standards for storage and use, and the code for fireworks display; grant control of the legal sale and use of fireworks to local jurisdictions; create a fireworks advisory council, establish membership and duties; establish penalties for violation of fireworks section of chapter.
HB 390 (BR 1590) - E. Ballard, S. Overly, R. Adams, J. Bell, M. Cherry, L. Combs, W. Coursey, J. Crenshaw, R. Damron, T. Edmonds, K. Flood, J. Glenn, J. Gooch Jr., K. Hall, M. Henley, Ji. Lee, T. McKee, C. Miller, R. Nelson, D. Pasley, R. Rand, J. Richards, C. Rollins II, S. Rudy, C. Siler, A. Smith, W. Stone, T. Thompson, R. Weston, B. Yonts
AN ACT relating to jury service.
Amend KRS 29A.040 to allow a person who has reached the age of 72 to have his or her name removed from the master list of prospective jurors; amend KRS 29A.090 to allow automatic exemption from jury service for a prospective juror who has reached age 72 and who has elected to have his or her name removed from the master list of prospective jurors.
HB 402/LM (BR 1512) - L. Belcher, T. Burch, K. Hall, R. Henderson, M. King, M. Marzian
AN ACT relating to employee rights.
Create a new section of KRS Chapter 336 to provide that an employee shall have a right to carry pepper spray on their person for self protection and provide an exception for correctional facility employers.
HB 404/LM (BR 1575) - A. Simpson, J. Jenkins
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 the defendant notice of right to request a hearing on the restraining order; provide for time of hearing, contents of order, modification of order upon petition of victim or defendant, and modification hearing; require entering of the order into KSP LINK computer system; provide civil and criminal immunity for law enforcement officers acting in good faith in enforcing an order; require nondisclosure of victim's personal information; provide that violation of an order is Class A misdemeanor.
HB 413/LM (BR 1695) - R. Palumbo, M. Cherry, W. Stone, T. Thompson
AN ACT relating to crimes and punishments.
Amend KRS 510.140 relating to sexual misconduct to define "sexually oriented business," an "employee" thereof, "nudity;" "semi-nudity," "operator," and "premises"; prohibit an employee of a sexually oriented business, while in a state of semi-nudity, to be within 6 feet of a patron.
HB 421/LM (BR 1360) - J. Stacy, H. Collins, J. Arnold Jr., E. Ballard, L. Combs, T. Couch, W. Coursey, J. DeCesare, T. Edmonds, D. Floyd, K. Hall, R. Henderson, M. Henley, C. Miller, S. Overly, T. Pullin, M. Rader, S. Riggs, S. Santoro, C. Siler, A. Simpson, A. Smith, F. Steele, J. Stewart III, W. Stone, T. Turner, D. Watkins, A. Webb-Edgington
AN ACT relating to the operation of vehicles on a highway.
Create a new section of KRS Chapter 189 to define the term "mini-truck" and add mini-trucks to the definition of "motor vehicle"; permit the operation of mini-trucks on highways other than interstate highways and highways with a speed limit greater than 55 mph; require operators of mini-trucks to comply with the same insurance, title, registration, and usage tax requirements as a motor vehicle; amend KRS 186.010 to define the term "mini-truck" and include mini-trucks under the definition of "motor vehicle"; amend KRS 190.010 to exclude dealers of mini-trucks from the requirement they be a licensed motor vehicle dealer.
HB 429 (BR 9) - R. Damron, J. Bell, M. King, R. Nelson, T. Turner, K. Upchurch, B. Yonts
AN ACT relating to criminal and regulatory matters under the jurisdiction of the Department of Fish and Wildlife Resources including the management and enforcement thereof.
Create new sections of KRS Chapter 150 relating to fish and wildlife to require the law enforcement director and conservation officers to be certified peace officers; provide full peace officer powers while on department property and limit peace officer powers to enforcement of KRS Chapters 150 and 235 when not on department property; provide that appointments to the Fish and Wildlife Commission are subject to confirmation by the Senate; provide that no person who has been convicted of a fish and wildlife violation be appointed to the commission; require that the department hold hearings on proposed administrative regulations affecting persons surrounding department property in the vicinity of the property; permit a person to kill an animal in self-defense or defense of another or during a survival or disaster situation; create a new section of KRS Chapter 150 to create a no-net-loss-for-hunting policy; create a new section of KRS Chapter 150 to penalize hunting game with a firearm which cannot be hunted with a firearm during bow season; amend numerous sections of KRS Chapter 150 creating fish and wildlife offenses to require a culpable mental state of "knowingly" for the violations; amend KRS 150.395 relating to spotlighting to expand legitimate uses of lights in the field at night; amend KRS 235.010 relating to boating to specify that a person must be navigating a vessel to be operating a vessel; amend numerous sections of KRS Chapter 235 to establish a culpable mental state of "knowingly" for the violations.
HB 438 (BR 1769) - A. Koenig, K. Flood
AN ACT relating to the Kentucky Law Enforcement Foundation Program fund.
Amend KRS 15.740 to provide that police officers receiving the KLEPF fund salary supplement shall continue to receive the supplement when called to active duty with the United States Armed Forces.
AN ACT relating to energy drinks.
Create a new section of KRS 217 to prohibit sale of energy drinks to children under 18 years of age; amend 217.015 to define the term "energy drink."
HB 451 (BR 1771) - J. Crenshaw
AN ACT relating to safety and security officers at institutions of postsecondary education.
Create new sections of KRS Chapter 164 to define "institution of postsecondary education," "institution," "security guard," and "security officer"; establish requirements for a police officer employed by a private institution of postsecondary education; permit a governing board of a private institution of postsecondary education to establish a security department and employ security guards or security officers; amend KRS 15.380 to require police officers employed by private institutions of postsecondary education to be certified; amend KRS 61.360 to prohibit new appointments of special local peace officers for the protection of private property; amend KRS 164.955 to set forth the requirements for police, rather than security officers, at institutions of postsecondary education; amend KRS 164.950, 164.960,164.965, 164.970, 164.975, 164.980 to conform.
HB 453/LM/CI (BR 1298) - W. Coursey, A. Webb-Edgington, J. Bell, M. Cherry, R. Damron, J. Gooch Jr., J. Greer, K. Hall, M. Henley, C. Hoffman, B. Housman, Ji. Lee, T. Mills, H. Moberly Jr., J. Richards, S. Rudy, A. Smith, J. Stacy, F. Steele, G. Stumbo, T. Thompson, T. Turner, B. Yonts
AN ACT relating to concealed deadly weapons.
Amend KRS 527.020 relating to carrying concealed deadly weapons to permit carrying a loaded or unloaded firearm or other deadly weapon in any container, compartment, or storage space originally installed by the motor vehicle manufacturer.
HB 458/LM/CI (BR 1742) - S. Santoro, J. Greer, J. Bell, J. Crenshaw, J. Hoover, T. Kerr, S. Lee, S. Rudy, A. Simpson, A. Webb-Edgington
AN ACT relating to crimes and punishments.
Amend KRS 17.165 to prohibit persons convicted of a criminal offense against a victim who is a minor from being employed at a child-care center; amend KRS 17.500 to modify the definitions used in the sex offender registration system, including the list of triggering offenses and identifying information required of a registrant; amend KRS 17.510 to modify the timelines and process for updating a sex offender's registration information; amend KRS 17.520 to increase the minimum registration period to 25 years; amend KRS 17.545 to modify the measurement process for sex offender residences in relation to playgrounds and day care centers; amend KRS 17.580 to modify the categories of sex offender information that is displayed on the sex offender Web site; amend KRS 17.990 and 160.151 to conform.
HB 477 (BR 1992) - T. Edmonds
AN ACT relating to peace officers.
Amend KRS 15.400 to increase from 60 to 90 the numbers of days a peace officer previously grandfathered into the peace officer certification program may be unemployed prior to losing their certification.
AN ACT relating to methamphetamine precursors.
Amend KRS 218A.1437 to provide that the possession of a drug product or combination of drug products containing more than 6 grams rather than 9 grams of ephedrine, pseudoephedrine, or phenylpropanolamine, within any 30 day period constitutes prima facie evidence of the intent to use the drug product or combination of drug products as a precursor to methamphetamine or other controlled substance; amend KRS 218A.1446 to provide that no person shall purchase, receive, or otherwise acquire 6 grams rather than 9 grams of these chemicals.
HB 493/LM/CI (BR 1406) - J. Jenkins
AN ACT relating to collective bargaining for public employees and making an appropriation therefor.
Create an omnibus collective bargaining bill for public employees.
HB 497/LM/CI/HM (BR 1714) - L. Belcher, M. King, J. Richards
AN ACT relating to prescription drugs.
Create a new section of KRS Chapter 218A to make pseudoephedrine, ephedrine, and phenylpropanolamine prescription substances and establish penalties for prohibited conduct; amend KRS 218A.1446, relating to the recording of pseudoephedrine transactions, to conform.
AN ACT relating to firearms.
Amend KRS 527.020 to expand the class of persons whose firearms concealed carry licenses allow carrying in all places within the Commonwealth to include master commissioners, trial commissioners, and domestic relations commissioners.
HB 517/LM (BR 1124) - D. Owens
AN ACT relating to animal impoundment.
Create new sections of KRS Chapter 258 define "animal control officer," "humanely destroy," and "reasonable expenses"; allow animal control officers and agents of humane societies to take physical custody of any animal if they have a warrant or if they have reasonable cause to believe an animal is in imminent harm, cruelly treated, or tortured; allow governmental animal control agencies to file a petition with the court to request the owner or owners to appear in court; permit animal control officers and agents of humane societies to euthanize the animal if it is deemed by a licensed veterinarian to be past recovery; require the court to issue an order placing seized animals in the temporary care and custody of a public or private agency pending a hearing of the petition; require the courts to hold a hearing within 14 days of the order being issued; require 48 hours prior to the hearing that orders be served and notices be posted and published; require the owner or owners of animals seized by court order to either relinquish ownership temporarily or post a bond; define bond's sufficiency to secure payment of all reasonable expenses, with the agency or person with whom the animal's temporary care and custody was placed; allow the bond requirement to be waived if the owner is indignant; allow the court to either order ownership of the animal be placed with any public or private agency or be returned to the owner or owners; provide for full or partial refund of the bond based on final disposition of the case; amend KRS 258.505 to clarify that the prohibition against gunshot in animal shelter euthanasia does not apply to peace officers or animal control officers outside animal shelter situations.
HB 524/LM (BR 1988) - K. Sinnette
AN ACT relating to deaths in the line of duty.
Amend KRS 95.860 relating to retirement benefits for a surviving spouse, minor children, and parents of a police officer or firefighter who dies due to occupational causes to increase benefit for surviving spouse from 25% to 50% of the deceased member's salary and increase benefit from 75% to 100% of deceased member's salary for combined payments to the surviving spouse and surviving minor children; increase benefit from 25% to 50% of member's last rate of salary for a parent if there are no other eligible survivors, or 755 for two parents if there are no other eligible survivors.
AN ACT relating to the operation of vehicles on a highway.
Amend KRS 189.030 to require that headlamps on a vehicle shall be illuminated whenever the vehicle is being operated on a highway.
HB 546/LM (BR 857) - J. Tilley, M. Dossett
AN ACT relating to crimes and punishments.
Create new sections of KRS Chapter 218A to prohibit possession of, trafficking in, and cultivation of synthetic cannabinoid agonists or piperazines and impose penalties; amend KRS 218A.010 to define "synthetic cannabinoid agonists or piperazines"; amend KRS 218A.050 to include synthetic cannabinoid agonists or piperazines as a Schedule I controlled substance; amend KRS 217.065, relating to misbranded drug or device, to include synthetic cannabinoid agonists or piperazines; amend KRS 218A.141 relating to additional penalties for trafficking, to include trafficking in synthetic cannabinoid agonists or piperazines; amend KRS 218A.1411, relating to trafficking in a controlled substance in or near school, to exclude offenses relating to synthetic cannabinoid agonists or piperazines; amend KRS 218A.276, relating to a rehabilitation program for possessors or marijuana, to include possessors of synthetic cannabinoid agonists or piperazines; amend KRS 218A.410, relating to property subject to forfeiture, to exclude misdemeanor offenses relating to synthetic cannabinoid agonists or piperazines in certain circumstances; amend KRS 218A.992, relating to enhancement of penalty for drug offense when in possession of a firearm, to exclude offenses involving synthetic cannabinoid agonists or piperazines; amend KRS 530.064, relating to unlawful transaction with a minor in the first degree, to exclude activity involving synthetic cannabinoid agonists or piperazines; amend various other sections to conform.
HB 563/LM (BR 1886) - S. Riggs
AN ACT relating to peace officers.
Amend KRS 61.365, relating to Kentucky peace officer status for federal officers, to add United States Postal Inspection Service Postal Inspectors.
HB 568/LM (BR 2074) - K. Flood
AN ACT relating to juvenile justice.
Amend KRS 600.020 to define "valid court order" as one that is effective for a period of no more than 12 months; amend KRS 610.265, 630.010, and 630.080 to clarify that status offenders may only be securely detained for a period of 24 hours, exclusive of weekends and holidays, prior to their first court appearance and may not be securely detained thereafter unless following an adjudication hearing for contempt; amend KRS 630.050 and 630.060 to require inclusion of assessment, counseling, and treatment documentation when a person files a beyond-control, runaway, or truancy complaint.