Weekly Legislative Report – January 10th, 2025

The Kentucky General Assembly will return to Frankfort Feb. 4th for the remainder of the 2025 legislative session. Friday marked the 4th day of the 30-day session, which is scheduled to end March 28th.

KACP PRIORITIES:

Pension System Health Insurance: 

KACP is still in ongoing discussions about legislation that would increase the healthcare stipend for some law enforcement officers in the pension system. (Tier 1 who began participation after July 2003; all Tier II and III.).

Open Records:

KACP is working on legislation with KLC that would limit the release of records for an ongoing investigation.

HB30, Rep. John Blanton (R),  Amend KRS 61.598 to exempt from the pension spiking provisions any increases in rates of pay authorized or funded by the legislative or administrative body of an employer or mandated in a collective bargaining agreement approved by the legislative body of the employer that are provided to members of the Kentucky Employees Retirement System, County Employees Retirement System, or State Police Retirement System.

HB76, Rep. Matthew Lehman (D), Create a new section of KRS 16.505 to 16.652 to change the retirement benefits for members participating in the State Police Retirement System (SPRS) or in a hazardous position in either the Kentucky Employees Retirement System (KERS) or County Employees Retirement System (CERS) who are hired after January 1, 2014, but before January 1, 2026, so that, in lieu of continued participation in the hybrid cash balance plan (Tier 3 benefits), these members receive the benefits provided to members in a hazardous position who began participating immediately prior to January 1, 2014 (Tier 2 benefits).

 

LEGISLATION KACP SUPPORTS:

House: 

HB101, Rep. Stephanie Dietz (R), Amend KRS 508.025, relating to assault in the third degree, to enhance the punishment to a Class D felony if a person intentionally causes a peace officer to come into contact with bodily fluids; enhance assault in the third degree to a Class C felony if the person who causes a peace officer to come into contact with bodily fluids has a serious communicable disease and the contact is likely to cause transmission of the disease; enhance assault in the third degree to a Class C felony for a second or subsequent offense.

HB146, Rep. Ashley Laferty (D), Amend KRS 141.019 to increase the retirement distribution exclusion from $31,110 to $41,110 for taxable years beginning on or after January 1, 2026.

Senate:

SB126, Sen. Chris McDaniel (R), Propose to amend Section 77 of the Constitution of Kentucky to prohibit 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; provide ballot language; submit to voters for ratification or rejection.

 

LEGISLATION KACP FOLLOWING/MONITORING:  

House

HB15, Rep. Steven Rudy (R), Amend KRS 186.450 to allow people who are at least 15 years of age to apply for a motor vehicle instruction permit; establish that an instruction permit is valid for four years; amend KRS 186.410, 186.452 and 159.051 to conform; EMERGENCY.

HB17, Rep. Marty Hart (R), Amend KRS 15.382, relating to peace officer professional standards certification, to provide that a person who has previously been employed as a peace officer in the Commonwealth before December 1, 1998, shall not be required to pass a physical agility test unless required by the employing agency; make technical corrections; EMERGENCY.

HB20, Rep. John Hodgson (R), Create a new section of KRS Chapter 189 to define terms related to automated license plate readers; establish limitations on use and sale of data captured by automated license plate readers; provide that captured license plate data may be retained longer than 60 days only if it is being used in a criminal or insurance investigation or has become subject to a preservation of evidence notification; provide that any recorded images or data captured by an ALPR may be made available to the National Insurance Crime Bureau or its successor organization; create a new section of KRS Chapter 411 to define terms and establish limitations on the introduction of identification devices on or within the human body; create a new section of KRS Chapter 413 to establish a statute of limitations for an action filed for introduction of an identification device; amend KRS 508.152, relating to the unlawful use of tracking devices, to include the installation of a tracking device on the person or property of another without their consent and exempt parental tracking of minors from the prohibition.

HB34, Rep. Mitch Whitaker, Amend KRS 189A.010 to create a per se limit for a blood level of tetrahydrocannabinol signifying intoxication; amend various sections of the KRS to conform.

HB82, Rep. T.J. Roberts (R), Amend KRS 237.105, relating to state and local enforcement of federal bans on firearms on or after January 1, 2021, to change the definition of “federal ban” to mean a federal law, executive order, rule or regulation that is enacted, adopted, or becomes effective on or after December 15, 1791.

HB83, Rep. T.J. Roberts (R), Create a new section of KRS Chapter 237, relating to firearms, to define “red flag law”; prohibit police department and judicial enforcement of red flag laws.

HB110, Rep. Nema Kulkarni (D), Create a new section of KRS Chapter 15 to define terms; impose a duty on peace officers to intervene to prevent or stop another officer from using physical force that will cause unlawful serious physical injury, death, or deprivation of civil rights; impose a duty to provide or obtain emergency medical assistance; require reporting of intervention; provide administrative and legal protections; amend KRS 15.330 to require the Kentucky Law Enforcement Council to prescribe minimum standards for use of force by officer, an officer’s duty to intervene, and reporting of police officer misconduct; amend KRS 413.115 to require that an action for retaliatory personnel actions to be commenced within three years. 

HB139, Rep. Savannah Madox (R), Amend KRS 237.109 to lower the age requirement for carrying a concealed and deadly weapon from 21 to 18; amend KRS 237.110 to conform; make technical corrections.

HB142, Rep. Marianne Proctor (R), Amend KRS 511.010 and 512.010 to define “squatter”; amend KRS 511.090 to allow a property owner or his or her authorized agent to request a peace officer to immediately remove any squatter occupying a dwelling or commercial building under certain circumstances; provide criminal and civil immunity to peace officers acting in good faith; amend KRS 512.020 and 512.030 to specifically include damage to residential or commercial property caused by squatters in the offense of criminal mischief; create a new section of KRS Chapter 514 to establish the offense of fraudulent sale or lease of real property.

HB158, Rep. Richard White (R), Propose to create a new section of the Constitution of Kentucky to exempt from taxation a portion of the assessed value of real property maintained as the permanent residence of an owner who is a veteran or first responder.

HB213, Rep. T.J. Roberts (R), Create a new section of KRS Chapter 61 to define terms; prohibit local governments and local government personnel from enacting, adopting, or otherwise enforcing any sanctuary policy; allow civil actions against local governments or local law enforcement agencies for damages, costs, and attorney’s fees if a person subject to a detainer is released from custody as a result of a sanctuary policy of the local government or local law enforcement agency and commits a violent crime; withdraw immunities afforded local governments and local law enforcement agencies

 

KACP OPPOSES:

House,

HB105, Rep. Nema Kulkarni (D), Propose to create a new section of the Constitution of Kentucky to guarantee the right of an individual 21 years of age or older to possess, use, buy, or sell one ounce or less of cannabis and to cultivate, harvest, and store up to five cannabis plants for personal use; grant the General Assembly control over the production, processing, and sale of cannabis and cannabis-derived products; designate the ballot question; direct the Secretary of State to publish the proposed amendment in a newspaper of general circulation; direct the Secretary of State to certify the proposed amendment to the county clerk of each county.

HB115, Rep. Richard White (R), Amend KRS 189.920, to allow wreckers to be equipped with a flashing, rotating, or oscillating blue light, to be used only when removing a vehicle or debris from the highway; prohibit a wrecker from using a blue light when towing a vehicle.

Senate

SB33, Sen. David Yates (D), Amend KRS 218A.1421, 218A.1422, and 218A.1423 to remove penalties for possession, cultivation, or trafficking of up to eight ounces or five plants of marijuana; create a new section of KRS Chapter 431 to allow expungement of certain convictions relating to cannabis; amend KRS 218A.276 to conform, RETROACTIVE, in part.  Awaiting committee assignment.

SB36, Sen. David Yates (D), Propose to create a new section of the Constitution of Kentucky to guarantee the right of an individual 21 years of age or older to possess, use, buy, or sell one ounce or less of cannabis and to cultivate, harvest, and store up to five cannabis plants for personal use; for the production, processing, and sale of cannabis and cannabis-derived products to be controlled by the General Assembly; specify the question to be printed on the ballot; direct the Secretary of State to publish the proposed amendment in a newspaper of general circulation; direct the Secretary of State to certify the proposed amendment to the county clerk of each county.

 

LEGISLATIVE CALENDAR

Feb. 17: Presidents Day holiday; legislature not in session

Feb. 18: Last day for introduction of new Senate bills

Feb. 19: Last day for introduction of new House bills

March 15-26: Veto recess

March 27-28: Final legislative days

 

FOR MORE INFO

As always, questions, suggestions, comments or concerns can be directed to Executive Director Shawn Butler, who can be reached at 859-743-2920 or sbutler@kypolicechiefs.org .