Weekly Legislative Report – February 17th, 2023

Friday marked the 12th day of the 30-day Kentucky General Assembly legislative session, which is scheduled to end March 30.

KACP PRIORITIES

DROP Program

KACP is working closely with The Kentucky League of Cities (KLC) and Rep. Walker Thomas, R-Hopkinsville, on legislation that would create a Deferred Retirement Option Plan (DROP), to help address retention issues. The legislation is being drafted. A DROP is a voluntary benefits plan that allows members to receive a one-time lump sum payment, after serving a predetermined amount of time, in addition to their monthly retirement benefit distribution. Members can elect to participate in the plan after reaching becoming eligible for retirement.  The bill is KACP’s top legislative priority for the session.

SB101, employment contracts

Sponsored by Sen. Johnnie Turner, R-Harlan, the legislation extends contracts subject to reimbursement for training costs to five years for law enforcement officers, including sheriff’s deputies and officers working for state universities and airports. The bill has 9 co-sponsors and has been assigned to the Senate Veterans, Military Affairs & Public Protection Committee.

HB207, wellness programs, Early Intervention System

Sponsored by Rep. Kevin Bratcher, R-Louisville, the legislation would allow law enforcement departments to create a wellness program featuring an Early Intervention System (EIS). An EIS allows an officer to seek and receive confidential counseling and other services and treatment and the information revealed by the officer would, in most cases, not be subject to the Open Records law and could not be used in court proceedings. Assigned to House Judiciary Committee.

SB89, urban county government law enforcement officers

Filed by Sen. Donald Douglas, R-Lexington, allows urban-county governments (Lexington) to reemploy police officers who have retired from the urban-county government police. Assigned to Senate State & Local Government Committee.

 

LEGISLATION KACP SUPPORTS

House

HB64, Police officer certification

Sponsored by Reps. Myron Dossett, R-Pembroke, Wade Wilson, R-Earlington- the retired chief of Madisonville – extend the period of time that a peace officer, who was employed as a peace officer as of December 1, 1998, may be separated from service before losing his or her certification status from 100 days to 365 days. Awaiting committee assignment.

HB219, Workers’ comp

Filed by Rep. Rebecca Raymer, R-Morgantown, the legislation allows “injury” to include psychological injuries for law enforcement officers and other first responders; creates a new section of KRS Chapter 342 to establish when psychological injuries are valid workers’ compensation claims when no physical injury exists. Awaiting committee assignment.

HB223, Police officer mental health

Filed by Rep. Chris Freeland, R-Benton, the bill would require law enforcement agencies to have a written policy related to police officer mental health programs that would allow offices to receive additional leave time to attend mental health treatment, require supervisors to receive specialized training on supporting officers with mental health needs; provide workplace protections for officers who receive mental health treatment; allow officers to receive reimbursement for the cost of mental health treatment as funding becomes available. Awaiting committee assignment.

HB194, related to distribution of retirement distributions.

Filed by Ashley Tackett Laferty, D-Martin, the bill would increase the retirement distribution exclusion from $31,110 to $41,100. Awaiting committee assignment.

 

LEGISLATION KACP OPPOSES

 

HB317, related to metropolitan correctional service departments.

Filed by Rep, Jason Nemes, R-Louisville, the bill gives general police powers to each officer employed by a metro correctional services department. Assigned to House Local Government Committee.

HB22, Recreational cannabis

Sponsored by Rep. Rachel Roberts, D-Newport, the bill would legalize recreational marijuana. Awaiting committee assignment.

HB47, Relating to cannabis.

Sponsored by Rep. Nima Kulkarni, D-Louisville, make possession of a personal use quantity of cannabis exempt from civil or criminal penalty. Awaiting committee assignment.

HB223, Police officer mental health, written policies for leave

Filed by Rep. Chris Freeland, R-Benton, the bill would require law enforcement agencies to have a written policy related to police officer mental health programs that would allow offices to receive additional leave time to attend mental health treatment, require supervisors to receive specialized training on supporting officers with mental health needs; provide workplace protections for officers who receive mental health treatment; allow officers to receive reimbursement for the cost of mental health treatment as funding becomes available. Assigned to House Local Government Committee.

 

LEGISLATION KACP FOLLOWING

 

HB12, Banning use of hand-held devices while driving.

Sponsored by Rep. James Tipton, R-Taylorsville, the bill would prohibit the use of a personal communication device or stand-alone electronic devices – mobile/smart phones, iPads, etc. – while operating a motor vehicle. Assigned to House Transportation Committee.

HB118, lower CCDW age

Filed by Rep. Savannah Maddox, R-Dry Ridge, the bill would lower the age requirement for a carry a concealed weapon from 21 to 18. Awaiting committee assignment

HB138, repeal CCDW law on schools and government buildings

Filed by Rep. Savannah Maddox, R-Dry Ridge, the bill would allow holders of concealed carry licenses to carry firearms in local government buildings, in public schools, on college and university campuses and airports. Awaiting committee assignment.

HB153, related to prohibiting the enforcement of a federal ban or regulation of firearms.

Filed by Rep. Josh Bray, R-Mt. Vernon, the bill prohibits law enforcement from enforcing federal firearms bans. Passed out of committee, awaiting action in the House.

HB159, firearms

Filed by Rep. Savannah Maddox, R-Dry Ridge, the bill would prohibit law enforcement from enforcing or assisting in the enforcement of any federal law that does not exist under the laws of Kentucky and limits firearm ownership. Awaiting committee assignment.

HB169, off highway vehicles (OHV)

Filed by Rep. Patrick Flannery, R-Olive Hill, allows the registration of an OHV as a motor vehicle; require proof of insurance and the payment of all registration and clerk fees; allow the Transportation Cabinet or a local government to prohibit OHV operation on roadways under its jurisdiction; other provisions. Assigned to House Transportation Committee.

HB321, related to animals

Filed by Kevin Bratcher, R-Louisville, and Rep. Jason Nemes, R-Louisville, the bill enhances penalties for animal cruelty; provides civil immunity to person who removes a dog or cat from hot vehicle under certain conditions; implements Cost of Care.  Awaiting committee assignment.

HB328, related to membership dates in state-administered retirement systems

Filed by Rep. D.J. Johnson, R-Owensboro, and Rep. John Blanton, R-Salyersville, the bill provides that the participation date in CERS for individuals who entered the DOCJT Police Corps program to July 1, 2003, through an agreement with a CERS employee and who subsequently began participating in CERS as a worn officer upon completion of the program shall be the date training began in the Police Corps program. Awaiting committee assignment.

HB348, related to cannabis

Filed by Rep. Rebecca Raymer, R-Morgantown, the bill prohibits the production of intoxicating hemp-derived products. Awaiting committee assignment.

HB351, related to park rangers

Filed by Rep. Chris Fugate, R-Chavies, the bill would allow state park rangers to have all the powers of peace officers in all parts of the state. Awaiting committee assignment.

HB353, related to drug paraphernalia

Filed by Rep. Kim Moser, the bill excludes testing equipment used to determine the presence of chemicals, toxic substances or hazardous compounds in controlled substances from the prohibition of possession of drug paraphernalia; exclude fentanyl found on testing equipment from the definition of fentanyl. Awaiting committee assignment.

HB371, related to promoting contraband

Filed by Rep. Jared Bauman, R-Louisville, the bill enhances promoting contraband to a Class B felony if the dangerous contraband is fentanyl, carfentanil or fentanyl derivatives; add a person who has been convicted of or entered a plea of guilty to a Class B felony violation to the definition of “violent offender”. Awaiting committee assignment.

HB373, related to peace officer certification

Filed by Rep. John Blanton, R-Salyersville, the bill removes court  security officers from the list of officers required to be KLEC certified; allows KLEC to certify local alcoholic beverage control investigators appointed before April, 2019; allow an officer who has been on inactive status for less than one year to return to certification status with no additional training requirements; other provisions. Awaiting committee assignment. 

HB380, lower age for new hires

Filed by Rep. Susan Witten, R-Louisville, the bill allows a person who is at least 20 years old to be hired by a law enforcement agency to attend basic training if the person will be 21 years old at the time they become certified; require KLEC to allow person who is 20 years old to attend basic training if the person will be 21 years old by the conclusion of basic training. Awaiting committee assignment.

Senate

SB41, Sheriffs expanded jurisdiction.

Filed by Sen. Mike Nemes, R-Shepherdsville, would give sheriffs, deputy sheriffs, special deputy sheriffs, and pre-certified deputies’ statewide authority. KACP opposes the bill in its current form but is working with the Kentucky Sheriff’s Association (KSA) on changes. KSA agrees that changes need to be made, and its intent in supporting the bill is to make it easier for sheriff’s deputies to respond to emergencies in other counties. Assigned to Senate Veterans, Military Affairs & Public Protection Committee

SB168, related to destruction of firearms

Filed by Sen. Karen Berg, D-Louisville, require the destruction of confiscated firearms. Awaiting committee assignment.

 

LEGISLATIVE CALENDAR

Feb. 20: Presidents Day holiday; legislature not in session

Feb. 21: Last day for introduction of new Senate bills

Feb. 22: Last day for introduction of new House bills

March 17-28: Veto recess

March 29-30: 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 or KACP lobbyist Patrick Crowley, who can be reached at 859-462-4245 or pcrowley@strategicadvisersllc.com