Some of the Kentucky proposed bills as of 3/10/2020 This is not a complete list, but does impact things from if a doctor can be convicted of a felony for prescribing medication, to how long an attorney needs to be licensed to be a judge and much more.
To check the status of these bills, and more, https://apps.legislature.ky.gov/lrcsearch#tabs-6 and to tell your legislators your opinions to same: 1-800-372-7181
Further, the language of the Bills may change at any time before it is finalized, so the terminology listed below may not be what a Bill says when it is voted on. Whether the Bill has been passed to the other chamber for passage is included, as of this today’s date. Also, once a proposed law passes the House OR the Senate, it then goes to the other to be passed before it is sent to the Governor for his signature or veto. Also, no more proposed bills can be introduced in this session.
HB 3—Establishes the Responsible Party Act; Extends the statute of limitations for one year for plaintiffs who submit claims regarding long-term-card facilities for an evaluation process; exempts passive investors from liability in claims against long-term-care facilities. On 3/9/2020 sent to committee
HB6 PERSONS ENTITLED TO VOTE Propose to amend Section 145 of the Constitution of Kentucky to restore voting rights to persons convicted of felonies upon completion of their sentence; submit to the voters for ratification or rejection
HB30 BULLYING Amend KRS 158.148 to include incidents that occur at non-school-sponsored events or through the use of technology in the definition of bullying; require a school district’s code of acceptable behavior to include notification procedures for parents in situations of alleged bullying; require the school district’s code of acceptable behavior to include procedures for restoring a student’s sense of safety.
HB47 CHILD ABUSE Amend KRS 500.050 to remove the five-year statute of limitations for misdemeanor sex offenses against minors and allow prosecution to be commenced at any time; amend KRS 413.249 to remove the ten-year statute of limitations for civil actions arising from childhood sexual assault or abuse and allow a suit to be commenced at any time; amend KRS 620.030, relating to the requirement to report child abuse, to limit the clergy-penitent exemption and make any person who intentionally fails to report guilty of a Class D felony; amend KRS 620.050, relating to the reporting of child abuse, to limit the clergy-penitent exemption; provide for severability
HB53 PROFESSIONAL EMPLOYER ORGANIZATIONS Create new sections of KRS Chapter 336 to declare that professional employer organizations provide a valuable service to commerce and should be properly recognized and regulated; define “client,” “co-employer,” “co-employment relationship,” “covered employee,” “professional employer organization group,” “person,” “professional employer agreement,” “professional employer organization,” “professional employer services,” “registrant,” and “temporary help service”; indicate that covered employees shall be deemed employees of the client for purposes of determining tax credits or economic incentives; require a person providing professional employer services to be registered and to set forth the registration requirements; require professional employer organizations to pay a registration fee; require a professional employer organization to either maintain positive working capital or provide a bond, letter of credit, or security; set forth the rights and responsibilities of parties to a co-employment agreement; set forth the health insurance obligations of professional employer organizations; set forth the workers’ compensation requirements of professional employer organizations and the client; set forth the unemployment insurance obligations of the professional employer organization and the client; prohibit a person from knowingly providing professional employer services without becoming registered and set forth actions that may be taken by the Labor Cabinet against any person in violation; amend KRS 336.990 to provide a civil penalty; amend the definition of “premium” in KRS 342.0011 to include co-employment relationships with a professional employer organization; amend KRS 342.990 to delete references to KRS 342.615; repeal KRS 342.615; state that the provisions of this Act are severable. 02/04/20 • recommitted to Small Business & Information Technology
HB61 BUS SAFETY Amend KRS 186.560 to allow the Transportation Cabinet to revoke the license of any operator of a motor vehicle for a period of 90 days, upon receiving record of his or her conviction of illegally passing a school or church bus as outlined in KRS 189.370; amend KRS 189.370 to conform.
HB65 INTIMIDATION OF SPORTS OFFICIALS Amend KRS 518.090 to make assault of a sports official a Class D felony; create a new section of KRS Chapter 518 to establish the offense of intimidation of a sports official as a Class A misdemeanor; state that the restrictions of KRS 6.945(1) do not apply. 03/09/20 • floor amendments (1) and (2) filed to Committee Substitute
HB66 DRIVING WHILE OPERATING A PERSONAL COMMUNICATIONS DEVICE Amend KRS 189.292 to provide that no person shall use a personal communication device or stand-alone electronic device while operating a motor vehicle; set forth exceptions; provide that persons under the age of 18 shall not use a personal communications device while driving, except for emergencies; amend KRS 189.990 to set forth penalties for the violation of KRS 189.292; amend KRS 186.452, 186.454, and 189.2327 to conform; repeal KRS 189.294.
HB69 VAPOR PRODUCTS Amend KRS 438.305 to define “vapor product enhanced cartridge”; create a new section of KRS 438.305 to 438.340 to require a retailer or manufacturer of a vapor product enhanced cartridge to register and pay a $700 annual fee; prohibit sales of vapor product enhanced cartridge other than through in-person purchase; prohibit sales to anyone under 18, require age verification through an electronic third-party source.
HB76 FIREARMS POSSESSION Amend KRS 527.010 to define “domestic abuse offense,” “domestic violence protective order,” and “physical force”; create a new section of KRS Chapter 527 to create the crimes of possession of a firearm by a convicted domestic abuser and possession of a firearm by the subject of a domestic violence protective order; create a new section of KRS Chapter 527 to require the surrender of firearms by people subject to protective orders or convicted of specified crimes; amend KRS 403.740 and 456.060 to require courts to inform the subject of a domestic violence order or an interpersonal protective order of the firearm possession prohibition.
HB94 ADMINISTRATIVE HEARING OFFICERS Amend KRS 311.591 to require the executive director of the Kentucky Board of Medical Licensure to request a hearing officer for administrative hearings relating to discipline of physicians or doctors of osteopathic medicine; require the hearing officer to be randomly selected by the Attorney General or his or her designee from a pool of qualified hearing officers; require the hearing officer to have at least five years of experience in the practice of law; require the hearing officer to be familiar with the law relating to licensure, qualifications, and credentials of physicians or doctors of osteopathic medicine and other qualifications as determined by the board; allow the Attorney General or his or her designee to contract with private attorneys if there are no qualified hearing officers in the pool who meet the qualifications of this section; require the hearing officer to issue recommendations to the board; require the board to consider hearing officer recommendations and issue a final order relating to the discipline of a physician or doctor of osteopathic medicine; eliminate all references to the hearing panel; prohibit a hearing officer from revoking any licenses or placing any licensees on probation; amend KRS 161.790 to ensure that hearing officers in teacher tribunals are randomly selected; amend KRS 311.550, KRS 311.565, KRS 311.572 & KRS 311.594 to conform. 02/18/20 • 3rd reading, passed 80-11 with Committee Substitute (1) 02/19/20 • received in Senate 02/21/20 • to Judiciary (S)
HB98 ATTORNEY’S FEES Amend KRS 198B.130 to allow a court award under KRS Chapter 198B or the Uniform Building Code to include attorney’s fees if a certificate of occupancy has not been issued. 02/06/20 • 3rd reading, passed 88-0 02/07/20 • received in Senate 02/10/20 • to Judiciary (S)
HB102 EMPLOYMENT-RELATED DRUG SCREENS Create a new section of KRS Chapter 344 to prohibit employment discrimination based on a positive drug screen for cannabidiol or tetrahydrocannabinol.
HB105 INTERPERSONAL PROTECTIVE ORDERS Amend KRS 456.030 to provide that a mental health professional or clergy person who provides pastoral care and who is a victim of stalking or assault by a patient may petition for an interpersonal protective order; and amend KRS 456.010 to include definitions to clarify.
HB107 SAFETY OF CANINES AND FELINES Create a new section of KRS Chapter 411 to provide civil immunity for damaging a vehicle if a person enters the vehicle with the reasonable, good-faith belief that a dog or cat is in immediate danger of death if not removed.
HB109 WAGES FOR EMPLOYMENT Create a new section of KRS Chapter 337 to make it a discriminatory employment action if an employer asks questions about previous salary or wages, relies on previous salary when setting a new salary, or refuses to hire if an applicant does not provide previous salary, except to allow a request for information voluntarily provided in response to an offer of employment; allow previous salary to be considered when required by law, when discovered while looking at other nonsalary information, and for public employee positions; require notice to be posted for employees; amend KRS 337.990 to assess a civil penalty for a violation.
HB119 PERSONS ENTITLED TO VOTE Propose to amend Section 145 of the Constitution of Kentucky to restructure the voting restrictions relating to felons and persons with mental disabilities; ballot language; submit to voters for ratification or rejection. House Bill 132 AN ACT relating to student privacy and declaring a emergency. Create new sections of KRS Chapter 158 to ensure that student privacy exists in school restrooms, locker rooms, and showers; require students born male to use only those facilities designated to be used by males and students born female to use only those facilities designated to be used by females; require schools to provide the best available accommodation to students who assert that their gender is different from their biological sex; identify consequences for using facilities designated for the opposite biological sex; identify the Act as the Kentucky Student Privacy Act.
HB168 LEGISLATIVE ETHICS Create new sections of KRS 6.601 to 6.849 to make it ethical misconduct for a legislator, legislative agent, or director of the Legislative Research Commission to intentionally engage in discrimination, harassment, or sexual harassment; define “discrimination,” “harassment,” and “sexual harassment”; declare that if a provision of KRS 6.601 to 6.849 is designated a misdemeanor or felony, an alleged violation of the provision may be adjudicated by the Legislative Ethics Commission as ethical misconduct; amend KRS 6.686 to allow dismissal of complaints by the Legislative Ethics Commission based upon an affirmative vote of at least 5 members at a regularly scheduled meeting or, upon written or oral notification by the chair, a teleconference meeting that the preliminary inquiry fails to state a claim of an ethics violation; allow complaints to be filed against former legislators, former legislative agents, and former employers of legislative agents for extended periods if they are related to discrimination, harassment, or sexual harassment; amend KRS 6.701 to include legislative branch employees in mandatory ethics education already required for legislators; amend KRS 6.711 to remove the requirement that orientation courses be designed to receive continuing legal education ethics credit; amend KRS 6.716 to require the Legislative Ethics Commission to administer a current issues seminar for legislative branch employees in addition to the existing requirement for legislators and to reduce the length of the current issues seminar for legislators from three to two hours; amend KRS 7.101 to require the Legislative Research Commission to coordinate the development and presentation of a training course regarding workplace harassment for legislators with the assistance of the Legislative Ethics Commission. 01/31/20 • 3rd reading, passed 85-0 with Committee Substitute (2) 02/03/20 • received in Senate 03/02/20 • to State & Local Government (S)
HB173 UNINSURED MOTORIST COVERAGE Amend KRS 304.20-020 to add property damage in limits set forth in KRS 304.39-110 as part of the minimum coverage required under the section for insureds who are legally entitled to recover damages from owners or operators of uninsured motor vehicles; make technical amendments; to be EFFECTIVE January 1, 2021
HB191 MOTOR VEHICLE ACCIDENTS Amend KRS 189.635 to require business operators to notify law enforcement of a vehicle delivered to the business in a damaged condition; amend KRS 189.990 to make it a Class A misdemeanor for a driver to not report an accident if he or she knew or should have known that the vehicle was involved in an accident that resulted in death or serious physical injury and for a business operator not to report a damaged vehicle.
HB203 JUVENILE COMPETENCY Create new sections of KRS Chapter 610 to create a minimum age of criminal responsibility of 12 years of age; establish rules relating to the court’s treatment of developmental immaturity, mental illness, and intellectual disability; amend various sections to conform.
HB211 WORKERS COMPENSATION Amend KRS 342.020 to require an employer to pay for medical benefits at the time of injury and thereafter during disability instead of 780 weeks; amend KRS 342.990 to conform.
HB 213 AN ACT relating to mental healthcare for unaccompanied youth. Amend KRS 214.185 to establish that any qualified mental health professional may provide outpatient mental health counseling to any child who is age 16 or older and is an unaccompanied youth. 01/28/20 • 3rd reading, passed 95-0 01/29/20 • received in Senate 01/31/20 • to Health & Welfare (S)
HB216 INTERPERSONAL VIOLENCE Amend KRS 403.720 to include violence against an animal used as coercive conduct in the definition of “domestic violence and abuse”; amend KRS 403.740 to allow a judge to award possession of a domestic animal to the petitioner; amend KRS 456.010 to include violence against an animal used as coercive conduct in the definition of “dating violence and abuse”; amend KRs 456.060 to allow a judge to award possession of a domestic animal to the petitioner.
HB219 BODY CAMERAS Amend KRS 61.168 to provide that it is a Class D felony for a law enforcement officer operating a body-worn camera in any manner that would prevent the creation of evidence with the intent to obstruct justice.
HB221 MARIJUANA POSSESSION Create a new section of KRS Chapter 218A to make the penalty for possession of a personal use quantity of marijuana a prepayable non-criminal fine; amend KRS 218A.010 to define “personal use quantity of marijuana” and “marijuana accessory”; amend KRS 218A.1422 regarding marijuana possession to conform; amend KRS 218A.500 regarding drug paraphernalia to exempt personal use marijuana accessories; amend KRS 431.450 to include violations for possession of personal use quantities of marijuana in the uniform citation form; amend KRS 500.080 to exclude the offense of possession of a personal use quantity of marijuana from the definition of “violation”; and amend KRS 138.872 to exclude personal use quantities from marijuana stamp tax; create a new section of KRS Chapter 431 to allow expungement of convictions for possession of a personal use quantity of marijuana or marijuana accessories.
HB222 EXPUNGEMENT OF CRIMINAL RECORDS Create a new section of KRS Chapter 431 to automatically expunge eligible misdemeanors, violations, and certain Class D felonies; amend KRS 431.078 and 431.073 to conform.
HB223 TORTURE OF A DOG OR CAT Amend KRS 525.135, relating to torture of a dog or cat, to specify certain acts of torture; increase punishment to Class D felony.
HB225 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 against discrimination because of sexual orientation and gender identity; amend KRS 344.025, 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 344.100 and 344.110 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, 344.370, 344.380, and 344.680, 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; amend KRS 18A.095 to conform.
HB230 DISCRIMINATORY PRACTICES Amend KRS 344.010 to provide definitions of “protective hairstyle” and “race” that include traits historically associated with race.
HB232 OPEN RECORDS Amend KRS 61.882 to require the award of costs and attorney fees if a court finds a record is withheld willfully under the Open Records Act.
HB239 WORKERS’ COMPENSATION Amend KRS 342.315 to eliminate the requirement that physicians contracting with the commissioner of the Department of Workers’ Claims to perform evaluations in occupational disease claims be “B” readers who are licensed in Kentucky and are board-certified pulmonary specialists; amend KRS 342.316 to allow the commissioner to select a physician or medical facility for referral in occupational disease claims and eliminate the requirement that such physicians be “B” readers who are licensed in Kentucky and are board-certified pulmonary specialists; amend KRS 342.794 to delete the definition of “board-certified pulmonary specialist” and eliminate the requirement that physicians on the list of qualified “B” readers maintained by the commissioner include only those licensed in Kentucky and board-certified pulmonary specialists.
HB249 AN ACT relating to prescription drugs. Create various new sections of KRS Chapter 315 to define terms; to require the Cabinet for Health and Family Services to annually compile lists of certain prescription drugs deemed to be essential to treating diabetes; to require drug manufacturers to annually report to the cabinet certain information related to the cost of manufacturing and marketing such drugs and factors that contributed to any price increase; require pharmacy benefit managers to annually report to the cabinet certain information related to prescription drug rebates for such drugs; to require the cabinet to annually submit to the Legislative Research Commission a report that summarizes the information provided to the cabinet by manufacturers and pharmacy benefit managers; to exempt information and data reported by manufacturers and pharmacy benefit managers to the cabinet from disclosure pursuant to KRS 61.870 to 61.884; to require the cabinet to promulgate administrative regulations; amend KRS 315.990 to establish a penalty for failure to report; amend KRS 304.17A-164 to restrict cost-sharing amounts charged by insurers and pharmacy benefit managers; to prohibit insurers and pharmacy benefit managers from restricting a pharmacist’s ability to inform patients about and to sell less expensive alternative drugs; amend KRS 304.17A-505 and 304.17C-030 to require disclosure of information related to drug formularies; to create various new sections of KRS Chapter 367 to define terms; to prohibit manufacturers and wholesalers of off-patent or generic prescription drugs from engaging in unrestricted price increases; to require the secretary of the Cabinet for Health and Family Services to report certain price increases to the Attorney General; to establish that certain price increases for off-patent or generic drugs constitute a violation of KRS 367.170; to establish penalties; and certain sections to be EFFECTIVE January 1, 2021.
HB250 SEIZURE OR MONEY OR PROPERTY Amend KRS 218A.440 to require all law enforcement agencies to file asset seizure reporting forms with the Justice and Public Safety Cabinet, declaring whether or not the agency seized money or property pursuant to KRS 218A.415; require the Justice and Public Safety Cabinet to notify any law enforcement agency that did not file, to allow the agency an additional 30 days to file, and if the agency still does not file, to refer the agency to the Attorney General for civil action; require the Justice and Public Safety Cabinet to provide an annual report to the Legislative Research Commission and the Interim Joint Committee on Judiciary; amend KRS 15.440 to provide that asset seizure reporting compliance is required to maintain eligibility for the Kentucky Law Enforcement Foundation Program fund.
HB253 INVESTIGATION OF TRAFFIC ACCIDENTS Create a new section of KRS Chapter 189 to require local law enforcement agencies having jurisdiction to investigate all traffic accidents involving a fatality that occur on state-maintained highways; specify that if a local law enforcement agency does not have an accident reconstruction unit or similar expertise, the Kentucky State Police shall perform the investigation; amend KRS 16.065 to conform; cite as the John Carter Knight Act of 2020. 02/27/20 • 3rd reading • floor amendment (1) withdrawn • passed 91-0 with Committee Substitute (1) and floor amendment (2) 02/28/20 • received in Senate 03/02/20 • to Transportation (S)
HB254 FINANCIAL RESPONSIBILITY OF MOTOR VEHICLE OPERATORS Create a new section of KRS Chapter 189 to define “expenses of an emergency response,” “public agency,” and “reasonable costs”; require a driver who drives on a highway that has been barricaded due to flooding be held liable for the costs of rescue or recovery; allow a driver convicted of violating KRS 189.290 for driving on a highway that is flooded to be held liable for the costs of rescue or recovery; limit liability under this section to $2,000; allow insurance policies to exclude coverage for a person’s liability under this section; amend KRS 189.290 and 39F.120 to conform; amend KRS 304.39-020 to exclude charges under Section 1 of the act from the definition of medical expenses; create a new section of 304.39 to allow motor vehicle liability insurance policies to exclude coverage for a person’s liability under Section 1 of the Act.
HB255 OPERATING A MOTOR VEHICLE Amend KRS 189.292 to define the terms “stand-alone electronic device,” “operating a motor vehicle,” and “use”; prohibit the use of a personal communication device or stand-alone electronic device while operating a motor vehicle; amend KRS 189.294 to provide that persons under 18 years shall not use a personal communication device or stand-alone electronic device in any manner; exempt school bus operators who are instead subject to KRS 281A.205; set forth exceptions; amend KRS 189.990 to set forth penalties for the violation of KRS 189.292; create a new section of KRS Chapter 281A to apply these provisions to commercial motor vehicle drivers; amend KRS 189.2327 to conform; create a short title, “Phone-Down Kentucky Act.”
HB256 RIGHTS OF VICTIMS OF SEXUAL OFFENCES Amend KRS 403.322 to specify that a felony offense from another jurisdiction that leads to the conception and delivery of a child eliminates custody and visitation rights for the offender; amend KRS 405.028 to specify that a felony offense from another jurisdiction that leads to the conception and delivery of a child eliminates custody and visitation rights for the offender; amend KRS 625.050 to allow a de facto custodian of a child born as a result of a felony offense of KRS Chapter 510 to initiate an action for involuntary termination of parental rights; create a new section of KRS Chapter 625 to require the circuit court to involuntarily terminate the parental rights of a person convicted of a felony offense of KRS Chapter 510 that leads to a child. 02/24/20 • 3rd reading, passed 84-0 with Committee Substitute (1) 02/25/20 • received in Senate 02/27/20 • to Judiciary (S) 03/05/20 • reported favorably, 1st reading, to Calendar 03/06/20 • 2nd reading, to Rules
HB268 PROTECTION OF KENTUCKY’S ADULTS Amend KRS 381.230 to establish a simplified method for elderly or vulnerable adults to petition for an order to prevent or restrain other persons from trespassing onto the petitioner’s residence; create a new section of KRS Chapter 209 to clarify abuse of an adult and establish penalties; clarify exploitation of an adult and establish penalties; restate neglect of an adult and establish penalties; amend KRS 209.990 to delete existing penalties for abuse, exploitation, and neglect; amend KRS 209.020 to define terms; create a new section of KRS Chapter 209 to create a rebuttable presumption that transfers of real or personal property made by protected adults and not supported by adequate consideration were made under undue influence.
HB 472—Anit-SLAPP suit. These bills attempt to restrict the frivolous countersuits when citizens exercise their right to public protest. This is a noble goal, however, there are some serious constitutional issues including separation of powers and cost shifting.
HB 133 has been in House Judiciary since it was introduced and HB 472 was introduced this week.
HB 298—Establishes a uniform police pursuit policy that departments may adopt. The sponsor agreed to our amendments including making policies subject to Open Records. We also amended the immunity language significantly. 03/04/20 • 3rd reading, passed 84-8 with Committee Substitute (1) and floor amendment (2) 03/05/20 • received in Senate
House Bill 321 AN ACT relating to forbidding a doctor and a parent from prescribing medications that that doctor has deemed medical necessary. Create a new section of KRS Chapter 438 to prohibit medical professionals from performing surgeries or proscribing medications to a minor with the intent to alter the sex the child was assigned at birth and create a Class D felony and a civil cause of action for violations; create a new section of KRS Chapter 405 regarding parental rights in the area of gender identity or gender dysphoria; create a new section of KRS Chapter 61 to create employee protections for public employees who express opinions regarding gender identity or gender dysphoria.
HB322 LAW ENFORCEMENT SEIZURE AND FORFEITURE Amend KRS 218A.440 to require all law enforcement agencies to electronically submit asset seizure-and-forfeiture reporting forms with the Justice and Public Safety Cabinet, declaring whether or not the agency seized or forfeited money or property pursuant to KRS 218A.415; require the Justice and Public Safety Cabinet to notify any law enforcement agency that did not file, to allow the agency an additional 30 days to file, and if the agency still does not file, refer the agency to the Attorney General for civil action; provide a $500 late filing fee; require the Justice and Public Safety Cabinet to provide an annual report to the Attorney General, the Legislative Research Commission, and the Interim Joint Committee on Judiciary; amend KRS 218.405 to define “law enforcement agency”
HB363 COURT COSTS Create a new section of KRS Chapter 17 to establish the Department of Kentucky State Police forensic laboratory fund; amend KRS 23A.205 and 24A.175 to increase court costs to $110, currently $100; amend KRS 42.320 to require the Finance and Administration Cabinet to transfer the first $10 of each court cost to the Department of Kentucky State Police forensic laboratory fund; amend KRS 49.480 and 64.092, to conform; amend KRS 186.574 to increase the fee required by each participant in a county attorney-operated traffic safety program to $40, currently $30, and require the Finance and Administration Cabinet to transfer the first $10 of the fee to the Department of Kentucky State Police forensic laboratory fund; amend KRS 211.504 and 441.685 to conform;
HB390 ADOPTION LEAVE Amend KRS 337.015 to require employers provide the same leave policies to adoptive parents as they provide to birth parents; change the applicable age of an adoptive child from seven to ten; create an exemption for specified categories of adoption. 02/28/20 • 3rd reading, passed 81-0 03/02/20 • received in Senate 03/04/20 • to Economic Development, Tourism, and Labor (S)
HB 405—Would amend the Constitution to increase the terms of circuit court clerks, commonwealth’s attorneys, county attorneys and district judges. It also increases the requirement for years practicing in order to serve as a district judge., Propose to amend Sections 97, 99, 119, and 122 of the Constitution of Kentucky to increase the term of office for Circuit Court Clerks and Commonwealth’s Attorneys from six years to eight years beginning in 2024; increase the term of office for county attorneys and district judges from four years to eight years beginning in 2022; increase the requirement of being a licensed attorney from two years to eight years for district judges beginning in 2022; exempt any person serving as a District Judge on the effective date of the Act from the eight-year licensure requirement; provide ballot language; submit to voters for ratification or rejection.
HB 425—Establishes statutes that govern insurance for peer-to-peer car-sharing platforms. The current bill could lead to excessive litigation to determine primary coverage.
HB456 OPERATION OF A MOTOR VEHICLE Amend KRS 189.340 to allow the Transportation Cabinet to restrict lanes of travel, for trucks with more than six wheels, on any highway containing 3 or more lanes of travel in the same direction; require the cabinet to post official signs notifying operators of this restriction; require operators to obey posted signs.
HB 468 AN ACT relating to veterans with qualifying conditions and LGBTQ veterans. Amend numerous statutes in KRS Chapters 12, 14A, 16, 40, 42, 148, 158, 161, 164, and 186 to make certain LGBTQ and qualifying veterans are eligible for state veterans’ benefits. HB469 AN ACT relating to the Human Rights Commission Specify that the Governor has no authority to change the organization of the Human Rights Commission by executive order or action.
HB 472—Establishes procedures for courts to dismiss civil actions that are determined to be harassing and malicious; allows for court costs and attorney fees to be awarded to the prevailing party; allow courts to impose filing restrictions upon any plaintiff they find to be an abusive civil action plaintiff; establish procedures to allow abusive civil action plaintiffs to file suit.
HB 481—Regulates deceptive lawsuit advertising and solicitation practices.
HB 489—Grants an optometrist immunity from civil liability when providing voluntary services without compensation.
HB 490—Allows parties to recover punitive damages under KRS 344.450..
HB 503—Would amend Supreme Court districts to Congressional district boundaries and allow Justices to be elected on a statewide, nonpartisan basis.
HB 551—Sets venue for constitutional challenges to statutes, executive orders, and regulations; establishes procedures for selecting a panel of three Circuit Judges to hear challenges, establish three districts from which panel judges can be drawn.
HB 635—Removes provisions that judicial elections shall be conducted on a nonpartisan basis.
HJR 116—Provides the General Assembly the sole authority to determine the sufficiency of ballot language for Constitutional Amendments.
SB2 Per one of the legislators, on 3/3/20 “Today the KY House of Representatives voted to pass SB 2, a bill to require voter photo ID. The bill passed despite testimony from the new Secretary of State, who pushed for the bill, that there is no in-person voter fraud in Kentucky. The bill passed despite committee testimony from the NAACP, the ACLU of Kentucky, the League of Women Voters, and an Elections Law professor from University of Kentucky that laws like this suppress the vote among old people, young people, Black people, other people of color, people with disabilities, and women. The bill passed 62-35 on a party line vote.” 03/06/20 • received in House • to Rules (H) 03/09/20 • posted for passage for receding from House Committee Substitute (1) and floor amendment (40) on Tuesday, March 10, 2020
SB15 CRIME VICTIMS RIGHTS Propose to create a new section of the Constitution of Kentucky to establish a crime victims’ bill of rights; submit to voters. 02/25/20 • 3rd reading, passed 31-6-1 02/26/20 • received in House 02/28/20 • to Judiciary (H)
SB21 VETERINARIANS Creates a new section of KRS Chapter 321 to require that a veterinarian report abuse and to allow immunity for a good faith report; amends KRS 321.185 to allow veterinarians to release information in order to report abuse. 03/05/20 • 3rd reading • Committee Substitute (1) withdrawn • floor amendment (1) withdrawn • passed 35-0 with Committee Substitute (2) 03/06/20 • received in House 03/09/20 • to Agriculture (H)
SB51 POWERS OF THE GENERAL ASSEMBLY Propose an amendment to Section 54 of the Constitution of Kentucky to allow the General Assembly the power to limit noneconomic damages for injuries resulting in death or for injuries to persons or property, and the power to provide statutes of limitation; provide for submission to the voters. This is currently a decision for juries to make.
SB64 INDEMNIFICATION OF PROSECUTORS Amend KRS 15.753 to provide that the Finance and Administration Cabinet shall reimburse the Attorney General, a Commonwealth’s attorney, or a county attorney for fees or judgments after being sued for an act or omission in the course of his or her duties. 01/28/20 • 3rd reading, passed 35-0 with floor amendment (1) 01/29/20 • received in House 01/31/20 • to Judiciary (H) 02/07/20 • posted in committee
SB65 HEMP DERIVED PRODUCTS Amend KRS 344.010 to define “hemp” and “hemp-derived products”; amend KRS 344.040 to provide protections against employment-related discrimination for users of hemp-derived products.
SB74 DRIVING UNDER THE INFLUENCE Amend KRS 189A.105 to remove the restriction that a judge can only issue a search warrant for a blood or urine test when a defendant has been charged with driving under the influence and a person has been killed or suffered physical injury. 01/28/20 • 3rd reading, passed 31-4 with Committee Substitute (1) 01/29/20 • received in House 01/31/20 • to Judiciary (H) 02/07/20 • posted in committee
SB78 BICYCLES Amend KRS 189.287 to direct the Transportation Cabinet to include a requirement for bicycle helmets for operators and passengers under the age of 12 in the bicycle standards and safety administrative regulations promulgated under this section; amend KRS 189.990 to conform.
SB87 JUVENILE JUSTICE Amend KRS 635.020 to remove automatic transfer of a child from District to Circuit Court in certain cases; amend KRS 640.010 to prohibit transfer of a child to Circuit Court in cases involving persons with an IQ under 70. 02/05/20 • 3rd reading, passed 36-2 with Committee Substitute (1) and floor amendment (1) • received in House 02/07/20 • to Judiciary (H) 02/10/20 • posted in committee
SB 90/HB 501—Prohibits discrimination against medical care providers who decline to perform procedures that violate their conscience; establish a civil cause of action for persons injured by violations of these provisions. SB 90 POSTED for passage this week; HB 501 NO ACTION last week.
SB92 PARENTAL RIGHTS Create a new section of KRS Chapter 625 to establish a process and requirements for the restoration of parental rights; amend KRS 164.2847 to include a student who was reunified with parents whose parental rights were restored and a student who obtained a high school equivalency diploma; amend KRS 625.046 and 625.110 to conform.
SB98 EMPLOYMENT DISCRIMINATION Amend KRS 344.040 to remove protections against employment discrimination based on an individual’s status as a smoker or nonsmoker.
SB100 RECOVERY OF MEDICAL COSTS Amend KRS 411.182 to limit the amounts recoverable for medical costs in tort actions.
Senate Bill 114 AN ACT relating to athletics. Amend KRS 156.070 to require the board of education or agency designated by the board of education to manage interscholastic athletics to promulgate administrative regulations or bylaws requiring schools that participate in interscholastic athletics to designate all athletic teams, activities, and sports based upon the biological sex of the students eligible to participate; prohibiting male students from participating in athletic teams, activities, and sports designated as girls’; restricting access to athletic facilities designated for the use of an exclusive biological sex; and defining the methods of establishing a students’ biological sex; prohibit designated agencies from entertaining complaints or investigations of policies; create a cause of action against a school that violates these provisions; require that the action be brought within 2 years; create a new section of KRS Chapter 164 to require a public postsecondary education institution or private postsecondary education institution that is a member of a national intercollegiate athletic association to designate all intercollegiate and intramural athletic teams, activities, sports, and events that are sponsored or authorized by the institution based on biological sex of students eligible to participate; to require that a public postsecondary education institution or private postsecondary education institution that is a member of a national intercollegiate athletic association prohibit male students from participating in athletic teams, activities, and sports designated as womens’; restricting access to athletic facilities designated for the use of an exclusive biological sex at a public postsecondary education institution or private postsecondary education institution that is a member of a national intercollegiate athletic association; and defining the methods of establishing a postsecondary students’ biological sex; prohibit designated agencies from entertaining complaints or investigations of policies; create a cause of action against a postsecondary institution that violates these provisions; require that the action be brought within 2 years; SB130 CIVIL RIGHTS Amend KRS 344.010 to include definitions for “sexual orientation,” “gender identity,” ” local Commission,” and ” real estate-related transaction”; 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 344.140, 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; exempt the provisions of the Act from KRS 6.945(1).
SB135 DEFINING SEXUAL CONTACT Amend KRS 510.010 to define “sexual contact.”
SB139 NONSUPPORT Amend KRS 530.050 to raise the amount qualifying for flagrant nonsupport from $1,000 to $10,000 and raise the time period of flagrant nonsupport from 6 months to 12 months; specify lower the service time for a person jailed for nonsupport on a second or subsequent offense and that work release shall be permitted.
SB151 HATE CRIMES Create a new section of KRS Chapter 532 to provide an enhanced term of imprisonment for any defendant convicted of certain crimes when he or she intentionally selected the person because of that person’s actual or perceived race, color, ethnicity, national origin, religion, mental or physical disability, gender identity or expression, or sexual orientation; amend KRS 15.334 and 17.1523 to conform; repeal KRS 49.320 and 532.031; restrictions of KRS 6.945(1) shall not apply to Sections 1 to 4 of this Act.
SB 163—Directs the statute reviser to revise statutes declared unconstitutional by the courts.
SB 173—Encourages employment of workers who participate in employer-sponsored substance use disorder treatment, however, it gives immunity to employers even if they negligently hire or supervise an individual in the program.
SB 178—Regulates advertising for legal services for bad drugs. Includes the requirement that advertisement must say that the drug is still approved by the FDA