KACP KENTUCKY GENERAL ASSEMBLY WEEKLY REPORT FOR WEEK ENDING FEB. 24
Friday marked the 16th day of the 30-day Kentucky General Assembly legislative session, which is scheduled to end March 30. The deadline to file news bills has passed and a total of 880 bills were filed – 594 in the House and 286 in the Senate.
KACP PRIORITIES
DROP Program
KACP worked 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. 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. However, a state actuary report on the overall costs of the project has made the bill impossible to pass this year. There simply is not enough time to challenge the actuarial study in this session. KACP believes there will be an opportunity to eventually pass the bill and will continue to work on in future legislative sessions.
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. The bill could be heard in committee this coming week.
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. Unanimously passed by Senate State & Local Government Committee, awaiting Senate vote.
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. Assigned to House Veterans, Military Affairs & Public Protection Committee.
HB124, related to Tik Tok on state-issued devices
Filed by Rep. Scott Sharp, R-Ashland, the bill bans the of the social media app Tik Tok on state-issued government devices. KACP is working with Rep. Sharp to include exemptions for law enforcement agencies that operate state-issues devices, such as public university police departments. Awaiting committee assignment.
HB155, related to Tik Tok on government issued devices
Filed by Rep. Susan Witten, R-Louisville, the bill is much broader that Rep. Sharp’s bill and includes county and city governments. KACP is reaching out to the sponsor to work on the law enforcement exemption. 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.
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.
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.
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. Assigned to House Veterans, Military Affairs & Public Protection Committee.
HB380, lower age for new hires to enter the police academy
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. Assigned to House Veterans, Military Affairs & Public Protection Committee.
LEGISLATION KACP OPPOSES
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.
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.
LEGISLATION KACP FOLLOWING
HOUSE
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, such as the AFT rule on stabilization braces that converts pistols into rifles. The legislation also declares Kentucky as a Second Amendment sanctuary state. Passed House 78-19. Awaiting committee assignment in the Senate.
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.
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”. Assigned to House Veterans, Military Affairs & Public Protection Committee.
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. Assigned to House Veterans, Military Affairs & Public Protection Committee.
HB386, related to operating a motor vehicle
Filed by Rep. Mary Beth Imes, R-Murray, the legislation would expand the requirement to move over or slow down when approaching an emergency or public safety vehicle to include any disabled vehicle displaying a warning signal. Assigned to House Transportation Committee.
HB388, related to homicide
Filed by Rep. Deanna Frazier Gordon, R-Richmond, would allow individuals who administer, deliver, distribute or sell controlled substances that result in death to be charged with murder. Awaiting committee assignment.
HB398, related to DUI
Filed by Rep. Patrick Flannery, R-Olive Hill, the legislation provides that a third or subsequent offense of DUI within a 10-year period is a class D felony; other changes. Awaiting committee assignment.
HB415, related to nonmotorized vehicles
Filed by Rep. William Lawrence, R-Maysville, the legislation would define nonmotorized vehicle and require registration for all nonmotorized vehicles operated on public highways. Awaiting committee assignment.
HB425, related to peace officer certification
Filed by Rep. Jim Gooch, Providence, create a peace officer special accommodation certification process for law enforcement agencies and other units of government trying to fill vacancies. Awaiting committee assignment.
HB491, related to sex crimes
Filed by Rep. Ryan Dotson, R-Winchester, the bill would raise the age of when a person is a victim of a sexual offense from 16 to 18; raise of the age of when a person is deemed incapable of consent to a sexual act from 16 to 18; other changes. Awaiting committee assignment.
HB590, related to medical cannabis
Filed by Rep. Kim Moser, R-Taylor Mill, the bill requires the Kentucky Center for Cannabis to establish criteria for determining when sufficient data exists to support the use of medical cannabis. 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, M
Military Affairs & Public Protection Committee.
SB47, related to medical cannabis
Filed by Sen. Stephen West, R-Paris, the legislation medical cannabis. Awaiting committee assignment.
SB129, related to automated license plate readers.
Filed by Sen. Jimmy Higdon, R-Lebanon, the bill prohibits the selling of data obtained by automated license plate readers systems – also know as ALPR or Flock cameras. Bill passed by Senate Transportation Committee; awaiting action by full Senate.
SB168, related to destruction of firearms
Filed by Sen. Karen Berg, D-Louisville, require the destruction of confiscated firearms rather than being sold at auction. Assigned to Veterans, Military Affairs & Public Protection.
SB199, related to motor vehicle track devices
Filed by Sen. Rick Girdler, R-Somerset, the legislation would make it illegal to use tracking devices on motor vehicles without the consent of the owner or lessee. Awaiting committee assignment.
SB206, related to retirement funds of urban-county governments
Filed by Sen. Amanda Mays Bledsoe, R-Lexington, the bill would increase the minimum-monthly annuity from the Police and Fire Retirement Fund of urban-county governments to $1,500 per month. Awaiting committee assignment.
SB228, related to driving under the influence of marijuana
Filed by Sen. Johnnie Turner, R-Harlan, the legislation would create a per se limit for a blood level of driving under the influence of marijuana. Awaiting committee assignment.
SB256, related to federal law enforcement officers
Filed by Sen. Adrienne Southworth, R-Lawrenceburg, the legislation removes the authority of delineated federal law enforcement officers to act as peace officers in Kentucky. Awaiting committee assignment.
SB266, related to possession of intoxicating hemp products
Filed by Rep, David Yates, D-Louisville, the legislation prohibits possession of intoxicating hemp products by a person under 12. Awaiting committee assignment.
SB269, related to driving under the influence of marijuana
Filed by Sen. David Yates, D-Louisville, the legislation prohibits driving under the influence of intoxicating hemp products. Awaiting committee assignment.
SB278, related to constables
Filed by Rep. Lindsey Tichenor, R-Smithfield, the legislation would grant constables police officer powers. Awaiting committee assignment.
LEGISLATIVE CALENDAR
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