KACP KENTUCKY GENERAL ASSEMBLY WEEKLY REPORT FOR WEEK ENDING MARCH 3
Friday marked the 20th day of the 30-day Kentucky General Assembly legislative session, which is scheduled to end March 30.
A NOTE ABOUT THIS REPORT
For the sake of brevity, bills that will not pass or be considered this session have been removed.
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 unanimously passed by the Senate and is awaiting action in the House.
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.
HB506, related to post-retirement options for state and local employees and is designed to help keep experienced employees in the workforce
Filed by Rep. Walker Thomas, R-Hopkinsville, and Rep. D.J. Johnson, Owensboro, the will pertains to participants in the CERS, KERS, and State Police Retirement System and gives retires the option to receive a single payment upon retirement equal to 12, 24, 36, 48 or 60 months of benefits – also known as a Partial Lump-Sum Option (PLSO). Other provisions include:
- The employee’s subsequent monthly payments would be reduced appropriately.
- Kentucky Public Pensions Authority (KPPA) would provide an online calculator to show members how many additional months of service would be required to make up the difference in their monthly checks caused by the PLSO payment.
- KPPA would also provide information on the PLSO option, including benefits, consequences and tax implications.
- To put retirees back to work, the required break before reemployment would be reduced from three months to one for hazardous and non-hazardous.
- The bill pertains to hazardous and nonhazardous.
- The employee and employer would still certify there was no prearranged agreement.
The bill unanimously passed the House State Government Committee last week and awaits action on the House floor, where it is expected to pass Tuesday and proceed to the Senate.
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. The bill has passed the Senate and is awaiting a House committee assignment.
LEGISLATION KACP SUPPORTS
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. Unanimously passed out of committee and is awaiting a vote by the full House.
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 action by House Appropriations & Revenue Committee.
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 action by House Local Government Committee.
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 entering the 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. Passed House 96-0, awaiting committee assignment in the Senate.
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.
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.
SB278, related to constables.
Filed by Rep. Lindsey Tichenor, R-Smithfield, the legislation would grant constables police officer powers. Awaiting action by the Senate State & 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.
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 action by Senate Veterans, Military Affairs & Public Protection.
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 action by House Judiciary Committee.
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. Bill has passed the House Judiciary Committee and awaits action by the full House.
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 Judiciary 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. Passed out of the House Veterans, Military Affairs & Public Protection Committee and awaits action by the full House.
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.
HB536, related to criminal data collection.
Filed by Rep. Stephanie Dietz, R-Edgewood, the bill requires law enforcement to gather data on domestic violence incidents. Awaiting action in the House Judiciary Committee
SB47, related to medical cannabis.
Filed by Sen. Stephen West, R-Paris, the legislation medical cannabis. Awaiting action by Senate Licensing & Occupations Committee.
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 known as ALPR or Flock cameras. Bill has passed the Senate and awaits committee assignment in the House.
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.
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 action by the Senate Judiciary Committee.
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 action by the Senate Veterans, Military Affairs & Public Protection.
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 firstname.lastname@example.org