Friday marked the 16th day of the 30-day session, which is scheduled to end March 28th. The deadline has passed for filing new bills. The are 814 House bills, and 313 Senate bills under consideration.
KACP PRIORITIES:
Pension System Health Insurance:
SB10, Sen. Robby Mills (R), Amend KRS 78.5536, relating to the County Employees Retirement System, to increase the nonhazardous and hazardous duty under age 65 retiree health subsidy to $40 and $50 per month for each year of service, respectively, for those members who meet the “career threshold” who began participating in the system on or after July 1, 2003, and who are eligible for a fixed-dollar retiree health subsidy not tied to the premium; extend the employee contribution used to fund retiree health benefits to include members who began participating in the system on or after July 1, 2003, and increase the current hazardous employee contribution rate to 2% of pay for those eligible for the fixed-dollar retiree health subsidy; make technical amendments regarding the retiree health premium reimbursement program to conform to current policy; provide that the amendments to the employee contributions shall be effective July 1, 2026; for calculation of the retiree health subsidy increase, provide that the change shall apply to service earned prior to the effective date of this Act by eligible members, including retirees, and shall prospectively be adjusted annually by the 1.5% increase currently provided in statute; provide that subsidies payable to impacted retirees shall begin on or after January 1, 2026, to coincide with the next health plan year; direct the Public Pension Oversight Board to continue to review the retiree health fund actuarial data and evaluate potential legislative options to address any future continued improvements in the funds; RETROACTIVE.
Passed out of committee. Passed the full Senate 35-0. Awaiting committee assignment in the House.
Open Records:
HB520, Rep. Chris Fugate (R), Amend KRS 61.878, relating to open records, to provide that law enforcement records shall be exempt from public inspection if the disclosure of the information could pose an articulable risk of harm to the law enforcement agency or its investigation by revealing the identity of informants or witnesses not otherwise known.
Pension Spiking:
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.
Passed out of Committee. Passed the full House 92-0. Awaiting Committee assignment in the Senate.
Pension Changes:
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:
HB96, Rep. Stephanie Dietz (R), Amend KRS 403.720, relating to orders of protection, to define “coercive control” and “stalking”; amend the definition of “domestic violence and abuse” to include coercive control of a family member or member of an unmarried couple; amend KRS 456.010 to define “coercive control”; amend the definition of “dating violence and abuse” to include coercive control of a person with whom the perpetrator is or has been in a dating relationship; amend KRS 209A.122 to require the Administrative Office of the Courts to provide information on petitions for orders of protection where the basis of the petition is coercive control and whether parties to a petition for an order of protection were represented by a legal representative.
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.
HB234,Rep. Wade Williams (R), Amend KRS 16.220, relating to confiscated firearms sold at public auction, to add airport safety and security department to the list of agencies that are eligible to receive grant funds from the Kentucky Office of Homeland Security for purchasing body armor and other necessary equipment. This will allow our Airport Police Departments to participate in grant funding.
Passed out of Committee. Passed the full House 92-0. Awaiting Committee assignment in the Senate.
HB340, Rep. Tony Hampton (R), Create a new section of KRS Chapter 17 to define terms and require criminal justice agencies to provide criminal history records information to requesting agencies when they are conducting a basic suitability or fitness assessment for federal or contractor employees under 5 U.S.C. sec. 9101; authorize the agency to request a fee of $25 for reimbursement of expenses related to the check; amend KRS 610.340, relating to juvenile justice records, to conform.
HB369, Rep. Mark Hart (R), Amend KRS 95.495 to stipulate that the annual leave designated for police officers subject to the section may be accrued over a year’s time as established in the personnel policy of the department.
Scheduled for a Committee hearing on 2/25/25.
HB437, Rep. Tony Hampton (R), Amend KRS 241.090, relating to the police powers of state Alcoholic Beverage Control administrators and investigators, to provide that a state administrator shall not have the power to make arrests unless he or she is certified in accordance with KRS 15.380 to 15.404; amend KRS 241.110, relating to the appointment of county Alcoholic Beverage Control administrators and investigators, to provide that a county investigator shall not have the power to make arrests unless he or she is certified in accordance with KRS 15.380 to 15.404; amend KRS 241.170, relating to the appointment of city Alcoholic Beverage Control administrators and investigators, to provide that city administrators and investigators shall not have the power to make arrests unless he or she is certified in accordance with KRS 15.380 to 15.404; amend KRS 241.230, relating to the appointment of urban-county Alcoholic Beverage Control administrators and investigators, to provide that urban-county administrators and investigators shall not have the power to make arrests unless he or she is certified in accordance with KRS 15.380 to 15.404.
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.
Passed out of committee. Passed the full Senate 37-0-1. Awaiting committee assignment in the House.
SB185, Sen. Matt Nunn (R), Create a new section of KRS Chapter 189 to define terms; establish that automated license plate readers (ALPRs) shall only be used as set forth in this section; ALPRs may be deployed and maintained for the purposes of protecting public safety, conducting criminal investigations, ensuring compliance with law, regulating parking, controlling acess to secured areas, deterring crime and theft, and the Transportation Cabinet’s toll collection activities; establish a 90-day data storage limit unless being used for criminal prosecutions or toll collection; prohibit the selling of data obtained by ALPRs and prohibit sharing of data except with law enforcement officers or agencies; require law enforcement agencies and neighborhood associations to adopt and publish a written policy for the use of ALPR systems; amend KRS 189.990 to add a penalty for improper use of an ALPR or captured license plate data.
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.
Passed out of Committee. Passed the full House 86-13. Awaiting Committee action in the Senate.
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.
Passed out of Committee. Passed the full House 90-1. Awaiting Committee assignment in the Senate.
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
HB250, Rep. Emily Calloway(R), Create a new section of KRS Chapter 383 to allow a property owner or his or her authorized agent to request a law enforcement officer to immediately remove a person unlawfully occupying a residential dwelling or other structure under certain circumstances; provide criminal and civil immunity to law enforcement officers and property owners acting in good faith; create a civil cause of action for wrongful removal; create a new section of KRS Chapter 523 to establish the offense of making a false statement to detain real property.
HB312, Rep. Beverly Chester-Burton (R), Amend KRS 189.993 to establish enhanced penalties for a violation of KRS 189.505, including vehicle impoundment and increased fines.
HB330, Rep. George Brown Jr. (D), Amend KRS 527.010 to define “domestic abuse offense,” “domestic violence protective order,” and “physical force”; create new sections 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; require the surrender of firearm by individuals 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.
HB344, Rep. Jared Bauman (R), Create new sections of KRS Chapter 61 to define terms; prohibit state and local governmental entities from adopting sanctuary policies; require law enforcement agencies to use reasonable resources to support the enforcement of federal immigration law; prohibit policies which would restrict the sharing of information with federal immigration agencies.
HB366, Rep. Savannah Maddox (R), Create a new section of KRS Chapter 431 to define specified felony offenses that are a “qualifying offense”; allow lifetime orders of protection for victims of qualifying offenses; allow a court to vacate a lifetime order of protection if the conviction for the qualifying offense is expunged.
HB399, Rep. John Blanton, Create new sections of KRS Chapter 519 to define terms; create the crime of interference with a legislative proceeding in the first degree; create the crime of interference with a legislative proceeding in the second degree; amend KRS 431.015 to require a peace officer to make an arrest for a violation of interference with a legislative proceeding in the first or second degree.
HB496, Rep. Michael Pollock (R), Amend KRS 189.292 to define “operating a motor vehicle,” “stand-alone electronic device,” and “use”; prohibit the use of a personal communication device or stand-alone electronic device while operating a motor vehicle; exempt school bus operators who are instead subject to KRS 281A.205; set forth exceptions; amend KRS 189.294 to provide that persons under 18 years of age shall not use a personal communication device or stand-alone electronic device in any manner while driving; amend KRS 189.990 to set forth penalties; create a new section of KRS Chapter 281A to apply these provisions to commercial motor vehicle drivers; amend KRS 189.2327 to conform; provide that the Act may be cited as the Phone-Down Kentucky Act.
HB581, Rep. Lindsey Burke (D), Create new sections of KRS Chapter 237 to define “safe storage depository” and require an owner or custodian of a firearm to store the firearm in a safe storage depository or render the firearm incapable of being fired using a gun-locking device; require an owner or other person lawfully in possession of a firearm or any person who sells ammunition to report the loss or theft of the firearm or ammunition to a law enforcement agency; amend KRS 237.990 to establish penalties for violations.
HB681, Rep. Rachel Roarx (D), Create a new section of KRS Chapter 61 to allow a law enforcement officer to enter vacant and abandoned property to remove any person unlawfully occupying the property; specify when property shall be presumed vacant and abandoned; provide criminal and civil immunity to a law enforcement officer acting in good faith.
Senate
SB91, Sen. Karen Burg (D), Amend KRS 15.334 to require law enforcement training on suicide prevention and intervention.
SB95, Sen. Karen Burg (D), Create a new section of KRS Chapter 15 to require law enforcement agencies to transmit information to national law enforcement databases about firearms collected during criminal investigations.
SB96, Sen. David Yates (D), Amend KRS 189.505, relating to motor vehicle racing, to prohibit knowingly promoting, organizing, or facilitating a motor vehicle race upon any street or highway; amend KRS 189.993 to establish enhanced penalties for a violation of KRS 189.505, including vehicle impoundment, driver’s license suspension, and forfeiture of a motor vehicle; amend KRS 186.560, relating to driver’s license suspension for violations of various penal and traffic laws, to provide that a person with a second or subsequent violation of KRS 189.505 shall be subject to suspension of his or her driver’s license.
SB124, Sen. Julie Raque Adams (R), Create new sections of KRS Chapter 525 to define terms; require peace officers and animal control officers to serve notice of seizure of an animal subjected to cruelty; create procedure for seizing agencies to petition a court to order owner to pay cost of care for a seized animal; establish penalties.
SB144, Sen. Danny Carroll (R), Amend KRS 16.220, relating to firearms confiscated by law enforcement, to provide that firearms which were used in a homicide be destroyed; provide that firearms in the possession of the Department of Kentucky State Police may be destroyed if they have been defaced, are contaminated by hazardous material, unsafe to discharge, or upon request of an innocent owner; amend KRS 500.090, relating to forfeiture of property in criminal cases, to require local law enforcement agencies to destroy firearms that have been used in a homicide; require that all firearms that are transferred to the Department of Kentucky State Police not be intentionally damaged, modified, or disabled by the agency having custody, except as may be necessary for forensic testing; amend KRS 15.440, to require law enforcement agencies to have a written policy and procedures manual relating to the destruction of firearms used in homicides by January 1, 2026.
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.
HB253, Rep. Jared Bauman (R), Create new sections of KRS Chapter 41 to define “occupational license fee” and “system”; require the Office of the State Treasurer to develop and maintain a web-based system for the centralized reporting, collection, and distribution of occupational license fees; establish requirements for the system; allow the State Treasurer to assess a fee on businesses using the system; establish requirements related to the web-based system for the State Treasurer and local taxing jurisdictions; create a working group to be chaired by the State Treasurer; require the working group to provide recommendations on creating a centralized system for modernizing the reporting, collection, and distribution of local business taxes and fees. KACP, Kentucky League of Cities, Kentucky Sheriffs Association and the Kentucky Association of Counties are concerned with this legislation and the potential impact it could have on revenues and Home Rule for our entities.
HB360, Chris Lewis (R), Amend KRS 15.391, relating to revocation of peace officer certification, to establish requirements for the revocation of a peace officer’s certification when the peace officer has been accused of professional malfeasance or professional nonfeasance; establish that a peace officer has a right to be present during any proceeding relating to revocation; require proceedings to proceed within 90 days; require the Kentucky Law Enforcement Council to find that an employing agency has complied with a peace officers rights under KRS 15.520, 67C.321, 67C.323, 67C.325, and 67C.326, or any applicable collective bargaining agreement; require that any proceeding relating to revocation be complete within 180 days; create a new section of KRS Chapter 411 to establish a cause of action for a peace officer who is the subject of a knowingly false report; amend KRS 413.155 to establish that an action against a person who filed a false report to the Kentucky Law Enforcement Council shall be filed with three years after the cause of action accrued; amend KRS 15.420, relating to the Kentucky Law Enforcement Foundation Program Fund, to include in the definition of “police officer” a Kentucky State Fair Board special police officer.
KACP, KLC, and KSA met with the sponsor this week and he has agreed to work with us to make changes to the bill.
HB516, Rep. Joshua Watkins(D), Create a new section of KRS Chapter 610 to define terms; prohibit a child from being interrogated using deceptive methods; create a new rule of evidence to limit the admissibility of statements made in the interrogation of a child in violation of statute.
HB571, Rep. Al Gentry (D), Amend KRS 218B.010 to add additional qualifying medical conditions for the use of medicinal cannabis; amend KRS 218B.025 to exempt medicinal cannabis resulting from at-home cultivation activities from possession limits and from the requirement that medicinal cannabis be kept in the original container received from a dispensary; amend KRS 218B.030 to conform; amend KRS 218B.035 to permit the use or consumption of medicinal cannabis by smoking while located on private property owned by the cardholder; amend KRS 218B.080 to conform; amend KRS 218B.140 to remove the requirement that raw plant packaged or sold in the state be marked or labeled as “not intended for consumption by smoking”; create a new section of KRS Chapter 218B to permit registered qualified patients who are at least 18 years of age and designated caregivers to possess, cultivate, and harvest up to three mature medicinal cannabis plants and three seedlings on private property owned by the cardholder.
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 .