Some of the Proposed legislation in Kentucky as of 2/16/2021
These are currently just some of the proposed bills, this is not a complete list. You can find the current complete list at https://legislature.ky.gov/Legislation/Pages/default.aspx
HB=House Bill SB=Senate Bill
SB 5—Provides liability protection for owners of premises including automobiles and trucks during ANY declared emergency. Makes essential workers during an emergency sovereign immune. (This means that the accident does not need to be related to the emergency, it just happens to be during a declared emergency.) 2/11/2021 – floor amendment (7) filed to Committee Substitute, 2/11/2021 – floor amendment (6) withdrawn, 2/10/2021 – floor amendment (3) (4) (5) and (6) filed to Committee Substitute
SB 10 Create a new section of KRS Chapter 7 to establish a Commission on Race and Access to Opportunity; define “commission”; set forth the membership of the commission; authorize the authority to hold monthly meetings, seek comment and testimony, and provide research driven policy proposals; and require the commission to publish an annual report. 02/11/21: 2nd reading, to Rules
SB11 CRIMINAL DAMAGE TO RENTAL PROPERTY Amend KRS 512.010 to define “lease or rental agreement”, “residential rental property”, and “tenant”; amend KRS 512.020, 512.030, and 512.040 to specifically include damage to residential rental property in the crime of criminal mischief. No action this week.
SB 17 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. (Which means if you had an accident, for example, a drunk driver slams into you, and you will have medical bills for the rest of your life, instead of a jury deciding how much you would get, the Legislators in Frankfort could decide the most you could get, no matter how badly you were injured). No action this week.
SB 20—Regulates lawsuit advertising and solicitation practice with regard to unsafe drugs. No action this week.
SB 21 Will allow unaccompanied youth (youth that are homeless) to receive mental health care from a licensed mental health professional. Presently those that are 16 or 17 years of age are unable to access this critical care because they have no relationship with a guardian. SB 21 will allow for those young people to access mental health care for their own well-being. No Action this week.
SB29 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. 2/11/2021 – (S) THIRD READING, passed 29-0
SB 30 AN ACT relating to youth mental health protection and declaring an emergency. Create a new section of KRS Chapter 210 define sexual orientation and gender identity change efforts, mental health professional, and public funds; to prohibit mental health professionals from engaging in sexual orientation and gender identity change efforts with a person under eighteen (18) years of age or a person who is eighteen (18) years or older who is an adult as defined in KRS 209.020 or a ward as defined in KRS 387.510; require violations to be subject to board discipline; prohibit public funds from being used for sexual orientation and gender identity change efforts; create a new section of KRS Chapter 211 to require the Department for Public Health to develop, produce, and disseminate educational materials regarding sexual orientation and gender identity change efforts; permit the cabinet to contract for the educational materials; add the short title “Mental Health Protection Act” (This would be the Ban on Conversion Therapy).
SB32 DE FACTO CUSTODIANS Amend KRS 403.270 to specify that the existing time periods required to be considered a de facto custodian be calculated in aggragate within the last two years. 2/11/2021 – (S) FIRST READING to Consent
SB 33 AN ACT relating to the 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. NO action this week.
SB36 JUVENILE JUSTICE Amend KRS 635.020 to remove automatic transfer of a child from District Court to Circuit Court in certain cases; amend KRS 640.010 to specify additional factors to be considered in determining whether a child’s case should be transferred from District Court to Circuit Court. 2/11/2021 – (S) THIRD READING, passed 26-3
SB 52 AN ACT relating to sexual offenses by peace officers. Amend KRS 510.060, rape in the third degree, to include a peace officer who subjects a person in custody or under arrest to sexual intercourse; amend KRS 510.090, sodomy in the third degree, to include a peace officer who subjects a person in custody or under arrest to deviate sexual intercourse; amend KRS 510.120, sexual abuse in the second degree, to include a peace officer who subjects a person in custody or under arrest to sexual contact. 2/16/2021 – (S) Posted for Passage in Regular Orders of the Day; w/ SCS 1 and SFA 1
SB 54 AN ACT relating to recovery of medical costs in tort actions. Amend KRS 411.182 to limit the amounts recoverable for medical costs in tort actions. (Which means if you had an accident, for example, a drunk driver slams into you, and you will have medical bills for the rest of your life, instead of a jury deciding how much you would get, even towards your medical bills, the Legislators in Frankfort could decide the most you could get, no matter how badly you were injured) 2/11/2021 – floor amendment (1) filed, 2/11/2021 – Senate Judiciary (S), (Bill Scheduled for Hearing)
SB 60 ABOLITION OF THE DEATH PENALTY Create a new section of KRS Chapter 532 to abolish the death penalty and replace it with life imprisonment without parole for inmates presently sentenced to death; amend KRS 532.030, relating to authorized dispositions for felony offenses, to remove the death penalty; amend KRS 640.040, relating to penalties for juveniles convicted of felony offenses, to prohibit life imprisonment without benefit of parole for a capital offense; amend KRS 422.285, 532.050, 532.100, and 533.010 to conform; repeal various statutes relating to imposition of the death penalty. No action this week.
SB64 CRIMES AND PUNISHMENTS Amend KRS 510.010 to define “registrant” and “adult intermediary”; amend KRS 510.155 to include communications with adult intermediaries for minors and enhance punishment if the minor or perceived minor is under 12 years old, the offender is a registered sex offender, or a person travels into the Commonwealth for the purpose of procuring or promoting the use of a minor.
2/11/2021 – (S) FIRST READING to Consent, 2/11/2021 – (S) Reported Favorably,
2/11/2021 – Senate Judiciary (S), (Bill Scheduled for Hearing)
SB73 KENTUCKY COMMISSION ON HUMAN RIGHTS
Amend KRS 344.200. 344.210, 344.240, and 344.600 to extend timelines for actions involving the Commission on Human Rights. 2/11/2021 – received in House, 2/10/2021 – (S) THIRD READING, passed 30-1
SB 80 PEACE OFFICERS Amend KRS 15.391 to amend the definition of “professional malfeasance” and “professional nonfeasance”; add grounds for the revocation of peace officer certification; provide that the council may impose any reasonable condition upon the reinstatement of certification and provide subpoena power to the council; amend KRS 15.392 to remove reference to KRS 15.386; create a new section of KRS Chapter 15 to allow law enforcement agencies to make an offer of conditional employment pending an investigation into the applicants certification status and former employment conduct; create a new section of KRS Chapter 15 to require the Kentucky Law Enforcement Council to provide information on an officer’s certification status to an out-of-state law enforcement agency. (So that if an officer loses their certification from Kentucky, when they apply for a job in another State, that State would be told.) 2/11/2021 – (S) THIRD READING, passed 28-0
SB 83 Labeled as AN ACT protecting the exercise of medical ethics and diversity within the medical profession. Create new sections of KRS Chapter 344 to define terms; prohibit discrimination against medical care providers who decline to perform procedures that violate their conscience; grant providers the right not to participate in or pay for services that violate their conscience; exempt providers from liability for exercising these rights; establish a civil cause of action for persons injured by violations of these provisions. (Which means a doctor does not have to treat your or prescribe you medication if it “violate(s) their conscience” in other words, if they have a religious issue with it) 2/11/2021 – (S) FIRST READING to Regular, 2/11/2021 – (S) Reported Favorably, 2/11/2021 – Senate Judiciary (S), (Bill Scheduled for Hearing)
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SB 84 CRIME AND ADMINISTRATION OF PUNISHMENTS Create a new section of KRS Chapter 196 to establish restrictive housing and medical observation of inmates who are pregnant or in the immediate postpartum period; define “immediate postpartum period”; create a new section of KRS Chapter 196 to establish notice of availability and access to applicable community-based programs and social workers; establish parameters for care of the infant for the 72-hour period after birth; create a new section of Chapter 196 to require an annual restricted housing report be filed with the Legislative Research Commission; amend KRS 510.060, rape in the third degree, to include a peace officer who subjects a person in custody or under arrest to sexual intercourse; amend KRS 510.090, sodomy in the third degree, to include a peace officer who subjects a person in custody or under arrest to deviate sexual intercourse; amend KRS 510.120, sexual abuse in the second degree, to include a peace officer who subjects a person in custody or under arrest to sexual contact. 2/11/2021 – received in House, 2/10/2021 – (S) THIRD READING, passed 31-0 with Committee Substitute (1) committee amendment (1-title)
SB 85—Allows workers’ compensation for volunteer firemen, police and emergency management agency members or trainees to be based on fifty percent of average weekly salary, if greater than regular employment average weekly salary. No action this week.
SB 89 AMMEND SECTIONS 77 AND 240 OF THE CONSTITUTION OF KENTUCKY RELATING TO LIMITING THE GOVERNORS ABILITY,
Propose to amend Section 77 of the Constitution of Kentucky by prohibiting the Governor’s ability to grant pardons or commute sentences beginning 30 days prior to a gubernatorial election and ending at that gubernatorial inauguration; amend Section 240 of the Constitution of Kentucky to conform; submit to voters. 2/9/2021 – (S) Referred to Committee Senate State & Local Government (S)
SB 95 SEXUAL OFFENSES Amend KRS 510.060, rape in the third degree, to include a peace officer who subjects a person in custody or under arrest to sexual intercourse; amend KRS 510.090, sodomy in the third degree, to include a peace officer who subjects a person in custody or under arrest to deviate sexual intercourse; amend KRS 510.120, sexual abuse in the second degree, to include a peace officer who subjects a person in custody or under arrest to sexual contact. No action this week.
SB 98 IMMUNIZATIONS Amend KRS 344.010 to define “immunization”; amend KRS 344.040 to prohibit employers from discriminating against an individual who declines immunization or requiring immunization as a condition of employment. No action this week.
SB 111—Allows owners or operators of social media websites to be subject to a private cause of action by a user; entitles them to damages, reasonable attorney fees and costs; excludes hate speech as a defense in violation of act. 01/13/21: to Committee on Committees (S)
SB 116 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. No action this week.
SB 137 PERSONS ENTITLED TO VOTE Propose to amend Section 145 of the Constitution of Kentucky to allow persons convicted of a felony, other than serious felonies designated by the General Assembly, the right to vote, and to further amend the constitution by replacing the language that prohibits idiots and insane persons from voting with contemporary language; ballot language included; submit to the voters for ratification or rejection. No action taken this week.
SB157—Provides that contractors shall not be liable for payments of compensation to subcontractors with no valid employees. 02/09/21: to Economic Development, Tourism, & Labor (S)
HB 1 REOPENING THE ECONOMY IN RESPONSE TO THE STATE OF EMERGENCY Provide relief to businesses and individuals during the COVID-19 state of emergency; provide guidelines for opening of businesses and schools; suspend interest on unpaid unemployment insurance contributions and provide guidelines for noncustodial parental visitation during the COVID-19 state of emergency; provide guidelines for visitation at long-term care facilities during the COVID-19 state of emergency; retroactive to March 6, 2020. 2/2/21 Signed by Speaker of the House
HB 2 Amend KRS 15.241 to allow the Attorney General to seek injunctive relief as well as civil and criminal penalties to prevent, penalize, and remedy violations of KRS Chapter 216B relating to abortion facilities, violations of KRS 311.710 to 311.830 relating to abortions, and violations of emergency management orders relating to elective medical procedures issued under KRS Chapter 39A; specify that nothing in this section shall limit or preclude the secretary of the Cabinet for Health and Family Services from seeking similar relief; create a noncodified section to prohibit an abortion facility from deeming an abortion to be an emergent or urgent medical procedure and to prohibit a physician from deeming an abortion to be performed in an abortion facility to be an emergent or urgent medical procedure during the state of emergency declared in response to COVID-19
(Which means that the Kentucky Attorney general could try and stop abortions during times of emergency. This will be litigated )
| 02/02/21 | received in House to Rules (H) taken from Rules placed in the Orders of the Day for consideration of Governor’s veto. veto overridden bill passed 73-20 received in Senate to Rules (S) taken from Rules posted for passage for consideration of Governor’s veto veto overridden Bill passed 32-5 received in House enrolled, signed by Speaker of the House enrolled, signed by President of the Senate delivered to Secretary of State (Acts Ch. 4) |
HB 3—Allows challenges to the constitutionality of a state statue, executive order, administrative regulation, or cabinet order to be filed in the plaintiff’s county of residence instead of Franklin Circuit Court. Out-of-state plaintiff’s file in Franklin Circuit Court. Governor’s Veto Overridden. Emergency provision mandates it goes into effect immediately.
HB 10 LIMITATION OF LIABILITY DURING THE COVID-19 PANDEMIC
Create a new section of KRS Chapter 411 to define “person”; to provide a defense to civil liability to a person who acts in good faith while operating a business during a state of emergency for ordinary negligence for a personal injury resulting from alleged or actual exposure to COVID-19 provided the person acts as an ordinary, reasonable, and prudent person would act under similar circumstances; create a new section of KRS Chapter 411 to provide that a public school official’s decision to open or close a school is discretionary for purposes of determining qualified immunity; apply section retroactively. NO action this week.
HB 15 Create a new section of KRS Chapter 39A to define “emergency order”, set parameters for the issuance of an emergency order, and provide for legal action to enforce the parameters; amend Section 39A.090 to apply the emergency order definition to executive orders issued under KRS Chapters 39A to 39F; amend KRS 39A.100 to require that emergency orders issued by the Governor contain an expiration date not greater than 14 days, with extension only as provided by the General Assembly, require that emergency orders issued by a chief executive of a local government contain an expiration date of not greater than 14 days with extension only as provided by the legislative body of the local government, move associated election deadlines if the date of the election is moved, prohibit the suspension of any laws, and specify that no governmental entity may prohibit or severely limit in-person worship; amend KRS 194A.025 to specify that the Secretary for Heath and Family Services may not take any action contrary to the specific limitations on actions by the cabinet in the event of infectious or contagious diseases; amend KRS 214.020 to limit actions taken by the Cabinet for Heath and Family Services in the event of infectious or contagious disease to 21 days unless extended or changed by the General Assembly, and prohibit similar or related actions taken to extend the time limitation; name the Act the “Ensuring Basic Checks and Balances and Basic Liberties During Emergencies Act No action this week.
HB 19 AN ACT relating to youth mental health protection and declaring an emergency. This is the Ban on Conversion Therapy. No action this week.
HB 21 “Breonna’s Law” Create new sections of KRS Chapter 455 to require peace officers to give notice before entering premises to execute a search warrant; require officers to activate body-worn cameras when serving a warrant; create processes for enforcement; allow disciplinary actions for non-compliance; create a new section of KRS Chapter 15 to require officers to activate body-worn cameras when engaged in law enforcement activity; establish rebuttable presumptions in investigative or legal proceedings regarding unrecorded coduct of statements; amend KRS 61.168 to provide for release of recordings in specific circumstances and allow waiver of privacy concerns; amend KRS 344.450 to expand scope of permissible suits against state and local governments and limit defenses; amend KRS 15.420 to define “deadly incident”; amend KRS 154.440 to require law enforcement agencies to create policies requiring mandatory drug and alcohol testing for officers involved in a deadly incident; amend various sections to conform; provide that Sections 1 to 8 shall be known as “Breonna’s Law”. No action taken this week.
HB 26 DOMESTIC VIOLENCE AND VIOLENCE AGAINST AN ANIMAL
Amend KRS 403.720 to include violence against an animal when 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 shared domestic animal to the petitioner; amend KRS 456.010 to include violence against an animal when 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 shared domestic animal to the petitioner. No action taken this week.
HB 30 LANDLORD FORCIBLE DETAINER ACTION Create a new section of KRS Chapter 383.200 to 383.285 to allow a landlord, or agent of a landlord to file and practice a forcible detainer action. No action taken this week.
HB 35 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. No action taken this week.
HB 36 Amend KRS 214.036 to prohibit required immunization of any person by any state agency or instrumentality. NO action this week.
HB 44 MENTAL HEATH CARE FOR FIREFIGHTERS Amend KRS 210.365 to make firefighters eligible for crisis intervention team training along with law enforcement officers currently permitted such training; amend KRS 95A.220 with an appropriation of $1,250,000 each fiscal year for treatment of full-time and volunteer firefighters affected by post-traumatic stress injury (PTSI) and/or post-traumatic stress disorder (PTSD); provide that legitimate personnel actions are not compensable; establish the reference for definitions of PTSD and PTSI; require diagnosis by psychiatrist, psychologist, or counselor; allow certain mental health treatment benefits upon firefighter seeking treatment. No action taken this week.
HB 45 LEAVE FROM EMPLOYMENT Amend KRS 337.415, relating to court-ordered appearances by employees, to prohibit employers from discharging or retaliating against an employee who is a crime victim when the employee takes leave to attend proceedings associated with a crime; require an employee to give an employer reasonable notice to take leave when practicable; provide guidelines for use of paid leave; require the employer to maintain confidentiality of records and communication with employee crime victim; create a private right of action for improper discharge, discrimination, retaliation, and failing to maintain confidentiality; define terms; amend KRS 337.990 to establish penalties in the case of violation by employer. No action taken this week.
HB 57 TORTURE OF A DOG OR CAT Amend KRS 525.135, relating to torture of a dog or cat, to add specific acts to definition of torture; make all violations a Class D felony; make each act of torture prosecutable as a separate offense; make the exemptions applicable only where there is no intent to cause, increase, or prolong the pain and suffering of the dog or cat. No action taken this week.
HB 59—Requires an employer to pay for medical benefits at the time of injury and thereafter during disability. No action this week.
HB 62 OCCUPATIONAL DISEASE CLAIMS Amend KRS 342.125 to remove the requirement that an affected employee previously diagnosed with occupational pneumoconiosis resulting from exposure to coal dust must have an additional two years of employment in the Commonwealth wherein the employee was continuously exposed to the hazards of the disease in order to reopen a claim. No action taken this week.
HB 63—Establishes offenses of theft of wages and penalties. No action taken this week.
HB 66 EMPLOYMENT DISCRIMINATION Amend KRS 344.040, 344.050, 344.060, 344.070, 344.080, 344.100, and 344.110 to add protections against discrimination based on weight. No action taken this week.
HB 81 AN ACT relating to sexual offenses by peace officers. Amend KRS 510.060, rape in the third degree, to include a peace officer who subjects a person in custody or under arrest to sexual intercourse; amend KRS 510.090, sodomy in the third degree, to include a peace officer who subjects a person in custody or under arrest to deviate sexual intercourse; amend KRS 510.120, sexual abuse in the second degree, to include a peace officer who subjects a person in custody or under arrest to sexual contact. No action taken this week.
HB 89 INTIMIDATION OF A SPORTS OFFICIAL Create a new section of KRS Chapter 518 to create the crime of intimidation of a sports official as a Class A misdemeanor. 2/10/2021 – (H) THIRD READING, passed 78-9
HB 93 CIVIL PUNITIVE DAMAGES Amend 344.450 to allow parties to recover punitive damages. No action taken this week.
HB 99 CIVIL IMMUNITY FOR RESCUING CANINES AND FELINES FROM VEHICLES 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. No action taken this week.
HB 104 DAMAGES TO SMALL BUSINESSES RESULTING FROM EXECUTIVE ORDERS Create a new section of KRS Chapter 39A to define “emergency order” and “small business”; to allow a small business owner adversely effected by an emergency order to bring an action against the Commonwealth for lost income, loss of going concern, or fees and costs if the temporary or partial closure of the business would not have occurred but for compliance with an emergency order; to place the burden of proving the loss is due to the emergency order upon the business owner; to require actions be commenced within 1 year of the expiration of the emergency order that resulted in the closure of the business. No action taken this week.
HB 109 UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT Establish KRS Chapter 403A and create new sections thereof to establish the Uniform Deployed Parents Custody and Visitation Act; amend KRS 403.280, 403.320, 403.340, 403.352, and 403.353 to conform. 2/10/2021 – (H) THIRD READING, passed 85-0
HB 112 CRIME-RELATED NUISANCES Create new section of KRS Chapter 411 to create a cause of action against a property owner for maintaining a crime-related nuisance. No action taken this week.
HB 116 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 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. No action taken this week.
HB 126 Amend KRS 194A.990, 205.8463, 238.995, 341.990, 434.650, 434.655, 434.690, 514.030, 514.040, 514.050, 514.060, 514.070, 514.080, 514.090, and 514.110 to increase the felony threshold for theft and fraud offenses to $1,000; create a Class B misdemeanor level for theft and fraud offenses; amend the Class A misdemeanor level to be $500 or more but less than $1,000; enhance the penalty for three convictions of a Class A misdemeanor to a Class D felony if the convictions occur within a five year period; allow offenses that occur within 90 days to be aggregated into one offense. 2/10/2021 – (H) THIRD READING, passed 63-24
HB 130 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 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. No action taken this week.
HB 132 AN ACT relating to legal actions concerning the exercise of a person’s constitutional rights. Create new sections of KRS Chapter 454 to provide definitions and establish procedures for dismissing legal actions filed in response to a party’s exercise of free speech, right to petition, or right to association; allow for an immediate appeal as a matter of right; allow for costs to be awarded to moving party if dismissal is granted; allow for costs to be awarded to responding party if the motion was found to be frivolous or filed with the intent to delay; provide that this Act may be cited as the Uniform Public Expression Protection Act. No action this week.
HB 143 Amend KRS 217.125 to prohibit denial of food processing and distribution permits based on failure to comply with executive orders; create a section of KRS Chapter 243 to prohibit denial of food processing and distribution permits based on failure to comply with executive orders; create a section of KRS Chapter 336 to prohibit the Secretary of the Labor Cabinet from enforcing executive orders based on COVID-19 (Which means that a business could not have their license pulled for failing to follow executive orders) No action this week.
HB 148 AN ACT relating to mental illness. Amend KRS 532.130, 532.135, and 532.140 to add a diagnosis of serious mental illness to the disabilities which prevent execution for persons convicted of capital offenses. No action taken this week.
HB 151 RECORDED INSTRUMENTS Create a new section of KRS Chapter 67 to define “recorded instrument” and “portal”; require county clerks to be open for reviewing and obtaining copies of recorded instruments for 40 hours a week unless they maintain a portal that allows the public to search for electronic copies of recorded instruments; establish deadlines for county clerks to maintain portals for the filing and searching of recorded instruments. 2/9/2021 – (H) Referred to Committee House Local Government (H)
HB 152 COUNTY CLERK FEES Amend KRS 64.012 to add affidavits of conversion or severance, assignments of release, statements of authority as to real property, and lien filings by cities to the list of filings with a specified fee; specify that the $10 permanent storage fee is to accrue throughout the county clerk’s term; amend KRS 186A.298 and 273A.020 to conform. No action taken this week.
HB 155 AN ACT relating to abandoned infants. Amend KRS 405.075 to define and allow the use of a “newborn safety device” related to the anonymous surrendering of a newborn infant in the Commonwealth at a participating staffed police station, staffed fire station, or a staffed hospital. 2/11/2021 – (H) reassigned to committee House Veterans, Military Affairs, and Public Protection (H)
HB 159 Amend KRS 211.190 to allow local government entities and special districts to void implementation of the water fluoridation programs administered by the Cabinet for Health and Family Services by legislative action. (Which means that the water coming in Kentucky could not be fluorinated in the future) No action this week.
HB 164 Amend KRS 508.025, relating to assault in the third degree, to create a mandatory fine of $5,000 and a minimum sentence of 30 days’ incarceration, which is not subject to any form of early release, for certain offenses; amend KRS 508.010, relating to assault in the first degree, to create a mandatory fine of $15,000 and a minimum sentence of 90 days’ incarceration, which is not subject to any form of early release; create a new section of KRS Chapter 512 to require the court to order full restitution in any conviction under KRS 512.020, 512.030, or 512.040; amend KRS 525.020, relating to riot in the first degree, to create a minimum sentence of 45 days’ incarceration, which is not subject to any form of early release; amend KRS 525.030, relating to riot in the second degree, to create a minimum sentence of 30 days’ incarceration, which is not subject to any form of early release; create a new section of KRS Chapter 525 to require the court to order full restitution in any conviction under KRS 525.020, 525.030, or 525.040; amend KRS 525.150 to make disrupting meetings and processions a Class A misdemeanor in all cases; amend KRS 525.140 to make obstructing a highway a Class D felony when the obstruction blocks an emergency vehicle, emergency responder, or emergency exit; create a new section of KRS Chapter 511 to create the offense of unlawful camping on property owned by the Commonwealth; amend KRS 511.060 to make criminal trespass a Class D felony when done to harass a person who is a law enforcement officer, active duty member of the military, judge, or elected or appointed government official; create a new section of KRS Chapter 431 to require 12-hour hold for any person charged with certain offenses and allow exceptions; repeal KRS 525.145, relating to disrupting meetings and processions in the first degree. No action taken this week.
HB 175 Create a new section of KRS Chapter 237 to define terms; establish an unlawful discriminatory practice against the firearms industry; create a civil cause of action to be brought by victims; create a civil cause of action to be brought by the Attorney General.
(Which means at some later date, the legislators would have to come back and basically fill in the missing information, as to what the terms are, when can you file suit etc. It would make more sense to have all of that in this Bill) No action taken this week.
HB 189 SCHOOL BUS SAFETY Create new sections of KRS Chapter 67 to define “owner,” “code enforcement board,” “county,” “camera monitoring system,” “recorded images,” and “stop arm camera violation”; permit the legislative body of a county to enact an ordinance to authorize the use of camera monitoring systems by a local school district and permit the enforcement of a civil penalty for a stop arm camera violation recorded by a camera monitoring system; permit the legislative body of a county to enter into an interlocal agreement to implement and enforce such ordinances; provide that a legislative body shall set the amount of the civil penalty; to provide that the revenue generated from a civil penalty shall be retained by the county; require specific notice for a stop arm camera violation; require the legislative body of a county to designate a form for a stop arm camera violation; establish defenses to a stop arm camera violation; define the procedures for a contest to a stop arm camera violation; require a recipient of a stop arm camera violation to pay or contest the violation within 60 days; allow for suspension of registration for failure to pay a fine; require a county to notify the Transportation Cabinet of the need to release a suspension within one business day of payment; amend KRS 189.370 to require traffic in the opposite direction of a school bus to stop for a school bus on highways that are not divided by a raised barrier or unpaved median. 2/10/2021 – (H) posted in committee House Transportation (H)
HB 196 PROHIBITION OF PATRIOT PENALTIES IN INSURANCE Create a new section of Subtitle 20 of KRS Chapter 304 to prohibit insurers from refusing to issue a policy of motor vehicle liability insurance, or imposing an additional premium, solely because the person is uninsured if, during the period the person was without insurance, the person was on military service and absent from the Commonwealth; require insurers to inquire about military service upon application for insurance; provide penalties for insurers who demonstrate a willful pattern of noncompliance. 2/10/2021 – (H) THIRD READING, passed 84-0
HB 215 ANIMAL ABUSE Repeal and reenact KRS 525.135 to define terms; create new crimes of animal abuse in the first degree, animal abuse in the second degree, and aggravated animal abuse; create exceptions; create a new section of KRS Chapter 525 to authorize law enforcement and animal control officers to seize and hold animals who are victims of cruelty or abuse; create a civil cause of action for a seizing agency to seek forfeiture and reimbursement for reasonable costs of caring for seized animals from the owner of the animal during the pendency of the criminal case against the owner; create rules related to the custody of the seized animal; grant liability to an organization caring for the animal; create a new section of KRS Chapter 525 to grant civil immunity to a person who enters a car containing a dog or cat believed in good faith to be in danger of death, subject to certain parameters. No action taken this week.
HB221 CHILD DEPENDENCY, NEGLECT, OR ABUSE Amend KRS 620.030 to establish requirements for reports of alleged child dependency, abuse, or neglect. No action taken this week.
HB 228 CRIMINAL HISTORY OF JOB APPLICANTS Create a new section of KRS Chapter 344 to prohibit employers from considering or requiring disclosure of prior criminal history as part of the initial job application; title the Act “Ban the Box – The Criminal Record Employment Discrimination Act.” No action taken this week.
HB 232 RESTORATION OF VOTING RIGHTS Propose to amend Section 145 of the Constitution of Kentucky to automatically restore the voting rights of persons convicted of certain felonies upon completion of their imprisonment, probation, or parole and automatically restore their civil rights five years after completion of their imprisonment, probation, or parole; provide ballot language; submit to voters for ratification or rejection. No action taken this week.
HB 239 STUDENT LOAN SERVICES Establish Subtitle 12 of KRS Chapter 286 and create sections thereof; define terms; establish licensing requirements for certain student loan servicers; establish requirements for student loan servicing activities; require student loan servicers to comply with applicable state and federal law; establish fines for violations of the subtitle; establish a private right of action for violations of the subtitle; permit the commissioner to monitor risk to consumers relating to servicing student loans; require the commissioner to designate a student loan ombudsman; set forth requirements for student loan ombudsman; state that provisions of this Act shall be severable. No action taken this week.
HB 244 POLICE REFORM Amend KRS 500.080 to define “active denial system,” “chemical agent,” “kinetic energy projectile,” and “long range acoustic device”; amend KRS 503.090 to provide circumstances where a peace officer may use active denial systems, chemical agents, kinetic energy projectiles, and long-range acoustic devices on another person; amend KRS 15.334 to require the Kentucky Law Enforcement Council to approve de-esclation training courses for students attending law enforcement basic training; create a new section of KRS Chapter 15 to prohibit the use of certain law enforcement tactics; create a new section of KRS Chapter 15 to prohibit the procurement of certain property from a military equipment surplus program and require law enforcement agencies to forfeit or dispose of such property within 180 days; amend KRS 15.440, 61.168, 61.912, 61.914, and 532.100 to conform. No action taken this week.
HB 245 RECORDING OF PEACE OFFICERS Create new section of KRS Chapter 455 to state that photographing or recording peace officers in the public performance of their duties is not unlawful. No action taken this week.
HB 246 DEFINITION OF RIOT Amend KRS 525.010 to remove the definition of riot; amend KRS 525.020 to change the type of conduct that constitutes riot in the first degree; amend KRS 525.030 to change the type of conduct that constitutes riot in the second degree; amend KRS 525.040 to change the type of conduct that constitutes inciting to riot; amend KRS 525.050 to change the type of conduct that constitutes unlawful assembly; amend KRS 525.200 to conform. No action taken this week.
HB 248 HARASSMENT Amend KRS 344.450 to allow parties to recover punitive damages; create a new section of KRS Chapter 344 to create a civil cause of action for a victim who is injured, had property damaged, or had law enforcement summoned by another person because of a belief or perception of the victim’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation; amend KRS 519.010 to define “public safety answering point”; amend KRS 519.040 include giving information to law enforcement officers or public safety answering points to intimidate or harass another with detention or investigation by law enforcement. No action taken this week.
HB 310 VICTIMS OF SEX OFFENSES Amend KRS 439.340 to require notice and hearings prior to parole of persons convicted of a Class D felony classified as a sex crime under KRS 17.500; amend KRS 510.037, 456.010, and 403.720 to clarify that inchoate offenses are included in the statutory offenses. No action taken this week.
HB317 COMMISSION ON HUMAN RIGHTS Amend KRS 344.200 to extend from 30 to 90 days the period for the Human Rights Commission to determine after a complaint has been filed whether a respondent has engaged in an unlawful practice; amend KRS 344.210 to extend from 60 to 90 days the period for the Human Rights Commission to serve a respondent by certified mail a notice along with a copy of a complaint; amend KRS 344.240 to extend from 180 days to one year the period for the Human Rights Commission to hold a hearing or issue a final order on a complaint, unless it is a complaint about a discriminatory housing practice; amend KRS 344.600 to extend from 5 to 10 days the period of time to serve an aggrieved person notice of a filing and advising of the time limits and choices of forum involved; extend from 10 to 20 days the period a respondent has to file an answer to a complaint after receiving notice from the Human Rights Commission. No action taken this week.
HB327 JUDICIAL DISTRICS AND CIRCUITS Amend KRS 23A.020 and 24A.030 (Effective January 2, 2023) to move Hancock County from the Thirty-eighth Circuit and District to the Sixth Circuit and District; amend KRS 23A.045 (Effective January 2, 2023) and 23A.050 to add a circuit judge to the Sixth Judicial Circuit; amend 24A.050 to remove a district judge from the Thirty-eighth Judicial District; specify election schedule for new judgeship; request that the additional circuit court judgeship be designated as a family court judgeship and establish election dates; request that the division removed from the Thirty-eighth District should be DivisionTwo; Sections 1 to 5 EFFECTIVE January 2, 2023. No action taken this week.
HB329 ADOPTION Amend KRS 199.540 to provide the facts and findings required to set aside an adoption. No action taken this week.
HB 343 LEGAL REPRESENTATION FOR INDIGENT PERSONS
Amend KRS 31.120 to allow indigent persons entitled to legal representation to be represented by counsel at the earliest stages of their involvement in the criminal justice system. No action taken this week.
HB347 SOLICITATION ACTIVITIES BY HEALTH CARE PROVIDERS
Create a new section of Subtitle 39 of KRS Chapter 304 to permit certain solicitation activities by health care providers for health care services for which payment may be made from basic or added reparations benefits; repeal KRS 367.4081, 367.4082, and 367.4083, relating to solicitation activities by health care providers; provide that existing regulations in violation of section shall be void and unenforceable. No action taken this week.
HB 365—Attempts to regulate air ambulances services. No action this week.
HB 402 FLAGRANT NONSUPPORT Amend KRS 530.050 to increase the amount qualifying for flagrant nonsupport from $1,000 to $5,000. 2/16/2021 – (H) Posted for Passage in Regular Orders of the Day; w/ HCS 1