So while most of the State of Kentucky is working from home, the legislators are working in Frankfort. Some of the list below is just updates to previously listed bills, but one has been completely gutted and reworked by its own sponsor, Savannah Maddox, to change the entire purpose of the Bill.
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 03/19/20 • 3rd reading, passed 83-1 with Committee Substitute (1) • received in Senate Last Action 03/26/20: 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. 03/27/20: signed by Governor •
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. 03/19/20 • 3rd reading, passed 81-3 with Committee Substitute (1) • received in Senate Last Action 03/26/20: to Judiciary (S)
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. 03/24/20: signed by Governor •
HB 298—Establishes a uniform police pursuit policy that departments may adopt. Create a new section of KRS Chapter 61 to provide definitions, require each law enforcement agency in the state to establish and enforce policies governing of a vehicle pursuit after January 1, 2021; provide the criteria for decision-making to initiate and terminate a pursuit; allow the adoption model policy, subject to certain criteria and require transmission of adopted policy to Justice Cabinet; provide for penalties for failure to transmit; require written certification that each member of the agency has received a copy of the policy and instruction on the policy; make policy confidential and not a public record; require annual review of policy; allow update of policy at any time, require submission of revised policy to Justice Cabinet; create a new section of KRS Chapter 411 to prohibit elected law enforcement officers from engaging in vehicle pursuit, provide exemptions for certain officers, provide penalty for violation of this section, define “pursuit”; amend KRS 15.440 to require a mandatory eight hours of in-service training in “emergency vehicle operations” annually; amend KRS 61.170 to provide for punishment of elected law enforcement officials engaging in unauthorized pursuit; amend KRS 186.560 to allow suspension of driver’s license for fleeing or evading in the second degree; amend 520.100 to enhance penalties for fleeing or evading in the second degree; naming section 1 of the Act “Jill’s Law”; Section 3 EFFECTIVE July 1, 2021. 03/04/20 • 3rd reading, passed 84-8 with Committee Substitute (1) and floor amendment (2) 03/05/20 • received in Senate 03/10/20 • to State & Local Government (S) 03/19/20 • taken from State & Local Government (S) • 1st reading • returned to State & Local Government (S) 03/26/20 • reported favorably, 2nd reading, to Rules with Committee Substitute (1) as a consent bill • floor amendment (1) filed to Committee Substitute
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 03/10/20 • to State & Local Government (S) 03/19/20 • taken from State & Local Government (S) • 1st reading • returned to State & Local Government (S) 03/26/20 • reported favorably, 2nd reading, to Rules with Committee Substitute (1) as a consent bill • floor amendment (1) filed to Committee Substitute
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” 03/19/20 • floor amendments (3) and (4-title) filed Amendment House Floor Amendment 3 Sponsor S. Maddox Summary Delete provisions in their entirety and create a new section of KRS Chapter 39A limiting the scope of executive orders issued during a public emergency, and creating a civil cause of action for persons affected by emergency orders and establishing evidentiary standards for relief; amend KRS 39A.990 to establish a misdemeanor in office for failing to follow the limitations on emergency orders; amend KRS 214.010 on Cabinet for Health and Family Services powers regarding infectious disease to reflect new sections; amend 39A.100 to conform; EMERGENCY. Amendment 4: Amend the title to read “AN ACT relating to emergencies and citizen rights during emergencies and declaring an emergency.”.
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. 03/18/20 • 3rd reading, passed 76-7 with Committee Substitute (1) 03/19/20 • received in Senate • taken from Committee on Committees (S) • 1st reading • returned to Committee on Committees (S) • to State & Local Government (S) 03/26/20 • reported favorably, 2nd reading, to Rules with committee amendment (1-title)
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.” Last Action 03/26/20: delivered to Governor
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) 03/11/20 • reassigned to Elections, Const. Amendments, & Intergovernmental Affairs (H) 03/17/20 • posted in committee 03/19/20 • reported favorably, 1st reading, to Calendar • 03/26/20: 2nd reading, to Rules •
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 03/18/20: reported favorably 2nd reading 03/26/20: floor amendments (1) and (2-title) filed
SB 50 AN ACT relating to pharmacy benefits in the Medicaid program and declaring an emergency. Retain original provisions; define “spread pricing’: establish additional requirements and prohibitions on the state pharmacy benefit manager; prohibit any pharmacy benefit manager contracted with a managed care organization on the effective date of this act from engaging in any retaliatory measures; require the Technical Advisory Committee on Pharmacy to make recommendations to the Department for Medicaid Services related to reimbursement methodologies and dispensing fees; amend KRS 205.590 to revise the membership of the Technical Advisory Committee on Pharmacy; EMERGENCY. 03/27/20: signed by Governor
SB 191—Encourages employment of workers who participate in employer-sponsored substance use disorder treatment, however, it gives limited immunity to employers even if they negligently hire or supervise an individual in the program. 03/10/20 • 3rd reading, passed 33-2 with Committee Substitute (1) • received in House 03/12/20 • to Licensing, Occupations, & Admin Regs (H) 03/17/20 • taken from Licensing, Occupations, & Admin Regs (H) • 1st reading • returned to Licensing, Occupations, & Admin Regs (H) • posting waived 03/18/20 • taken from Licensing, Occupations, & Admin Regs (H) • 2nd reading • returned to Licensing, Occupations, & Admin Regs (H) 03/19/20 • posting waived • reported favorably, to Rules with Committee Substitute (1) and committee amendment (1-title) • posted for passage in the Regular Orders of the Day for Thursday, March 19, 2020 • 3rd reading, passed 81-0 with Committee Substitute (1) and committee amendment (1-title) • received in Senate • posted for passage for concurrence in House Committee Substitute (1) and committee amendment (1-title) • passed over and retained in the Orders of the Day 03/26/20: Conference Committee appointed in House