Weekly Legislative Update – February 9th, 2024

KACP KENTUCKY GENERAL ASSEMBLY LEGISLATIVE REPORT FOR WEEK ENDING FEB. 9

Friday, Feb. 9, marked the 28th day of the 60-day legislative session. A total of 702 bills have been filed: 508 bills in the House and 194 bills in the Senate. 

 

KACP PRIORITIES

KLEPF Increase/budget

The House passed its version of the budget with a minimal KLEFPF increase. KACP is working to have the training stipend increase included in the Senate.  It also did not include funding for the Madisonville Academy. KACP will be working in the Senate to have this included.

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.).

 

THE LATEST ON LEGISLATION

HB5, the crime bill

Sponsored by Rep. Jared Bauman, R-Louisville, the 72-page bill is dubbed the Safer Kentucky Act. After a slew of amendments, the bill was passed in the House by a vote of 72-22 and awaits a Senate committee assignment. Among its provisions is a three strikes law to require a life sentence after a person’s third violent felony, along with increasing penalties for crimes like carjacking and fentanyl trafficking that causes an overdose death. It would also crack down on vandalism, homeless encampments and allow businesses to use force to stop shoplifters. Support

 

NEW LEGISLATION FILED

HB 482, related to the Kentucky Law Enforcement Council

Filed by Rep. Stephanie Dietz, R-Edgewood, the bill adds the chief of police of the Owensboro Police Department and the director of the Northern Kentucky Police and Sheriff’s Training Center to the Kentucky Law Enforcement Council. Awaiting committee assignment. Support.

SB178, related to firearms

Filed by Sen. Karen Berg, D-Louisville, and Sen. Julie Raque Adams, R-Louisville, the bill permits the destruction of confiscated firearms and requires the destruction if the firearm was used in the commission of a violent offense. Assigned to Senate Veterans, Military Affairs & Public Protection Committee. Monitoring.

SB187, related to modified weapons

Filed by Sen. Danny Carroll, R-Benton, the bill provides definitions of modified weapons and provides that a dealer may not deliver a modified weapon until seven days have elapsed from the date of purchase application; also regulates the possession and buying of a modified weapon by persons under 21. Awaiting committee assignment. Monitoring

SB190, related to firearms

Filed by Sen. Danny Carroll, R-Benton, the bill establishes requirements for individuals to voluntarily request inclusion on a list the prohibits the purchase or possession of firearms for specified periods and to voluntarily commit their firearms to law enforcement for safe storage or permanent surrender. Awaiting committee assignment. Monitoring.

 

LEGISLATION KACP SUPPORTS

HOUSE

HB134, taxing of retirement distributions

Sponsored by Ashley Tackett Laferty, D-Martin, the bill increases the retirement distribution exclusion from $31,110 to $41,100 for taxable years beginning on or after Jan. 1, 2025. Awaiting committee assignment. Support

HB143, retirement benefits 

Sponsored by Rep. Rachel Roberts, D-Newport, the bill would amend retirement benefits for members 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 Jan. 1, 2014, but before Jan. 1, 2025. Awaiting committee assignment. Support

HB207, related to sex dolls

Sponsored by Rep. Stephanie Dietz, R-Edgewood, the bill prohibits the possession, trafficking, importing and advancing of a child sex doll. The bill has passed out of the House and awaits a Senate committee assignment. Support

HB 248, relating to reinstatement of police and fire department employees

Sponsored by Rep. Killian Timoney, R-Fayette, Amend KRS 95.440 to remove the requirement that a person shall only be eligible for reinstatement to a police or fire department within one year following separation from employment. Assigned to House Veterans, Military Affairs & Public Protection Cabinet. Support

HB293, related to kratom

Filed by Rep. Kim Moser, R-Taylor Mill, the bill would regulate the sale and licensing of kratom. Assigned to House Health Services Committee. Support.

HB349, related to in line of duty disability benefits

Filed by Rep. Emily Callaway, R-Louisville, the bill would provide full hospital and medical insurance benefits for a member of the retirement system, their spouse, and their dependents if a member becomes disabled in the line of duty with a hazardous disability. Assigned to House State Government Committee. Support.

SENATE

SB20, related to crimes and punishments

Sponsored by Sen. Matthew Deneen, R-Hardin Amend KRS 439.3401 to include in the definition of “violent offender” a person who has been convicted of burglary in the first degree as described in KRS 511.020(1)(a), assault in the second degree as described in KRS 508.020(1)(b) or (c), and wanton endangerment in the first degree as described in KRS 508.060 involving the discharge of a firearm; remove the requirement that the victim of a Class B felony involving criminal attempt to commit murder shall be a clearly identifiable peace officer, firefighter, or emergency medical services provider acting in the line of duty; provide that a violent offender who is convicted of a Class C felony violation of wanton endangerment in the first degree and assault in the second degree as described in KRS 508.020(1)(b) or (c) shall not be released on probation, shock probation, parole, conditional discharge, or other form of early release until he or she has served at least 65 percent of the sentence imposed; amend KRS 508.060 to enhance wanton endangerment in the first degree if the person discharges a firearm in the commission of the offense; amend KRS 635.020 to provide that if a child is 15 years of age or older and is charged with a felony involving the use of a firearm then he or she shall be transferred to Circuit Court to be tried as an adult; provide that a child who has been convicted of a felony involving the use of a firearm shall not be eligible for probation or conditional discharge in a proceeding consistent with KRS 640.030. Passed committee, awaiting a vote by the Senate. Support

SB32, driving under the influence of marijuana

Sponsored by Sen. Johnnie Turner, R-Harlan the bill creates a per se limit for marijuana concentration measured by a blood test. KACP will meet with the sponsor for more details on the legislation. Assigned to Senate Judiciary Committee. Support

SB162, related to vehicle accident reports

Filed by Sen. Robby Mills, R-Henderson, the bill allows law enforcement agencies to retain copies of accident reports filed with the KSP and allows agencies to contract with third parties to provide the reports to other entities that are eligible to receive them. Assigned to Senate State & Local Government Committee. Supporting. 

 

LEGISLATION KACP OPPOSING

HOUSE

HB359, related to telecommunicators/KLEFPF funds

Filed by Rep. Bill Wesley, R-Ravenna, the bill would provide KLEFPF funds to telecommunicators. Awaiting committee assignment. Opposed.

SENATE

SB115, related to federal law enforcement officers

Filed by Sen. Adrienne Southworth, R-Lawrenceburg, the bill would remove the authority of delineated federal law enforcement officers to function as peace officers in Kentucky. Awaiting committee assignment. Oppose.

 

LEGISLATION KACP FOLLOWING/MONITORING

HOUSE

HB20, cost-of-living increase retirement benefits

Sponsored by Rep. Ruth Ann Palumbo, D-Lexington, the bill provides a one-time, 2 percent COLA adjustment for KERS nonhazardous and hazardous duty recipients and State Police Retirement System recipients. KACP is concerned the bill does not include CERS recipients and is working to try and make that change. Awaiting committee assignment. Monitoring.

HB45, privacy protection

Sponsored by Rep. John Hodgson, R-Louisville, the bill defines terms related to automated license plate readers, establishes limitations on the use and sale of data captured by the readers and defines terms and establishes limitations on the use of drones. Awaiting committee assignment. Monitoring.

HB142, nicotine products

Sponsored by Rep. Mark Hart, R-Falmouth, the bill requires the Department of Alcoholic Beverage Control to establish a vapor retail license and establishes penalties for under the age of 21 who purchase or attempt to purchase alternative nicotine, tobacco or vapor products. Assigned to House Education Committee. Monitoring.

HB157, interrogation of children

The bipartisan bill sponsored by Rep. Keturah Herron, D-Louisville, and Rep. Mike Nemes, R-Louisville, prohibits a child from being interrogated using deceptive methods. Awaiting committee assignment. KACP is seeking a meeting with the sponsor. Monitoring.

HB216, related to retirement

Sponsored by Rep. Derrick Graham, D-Frankfort, the bill would provide supplemental payment for recipients of a monthly retirement allowance from the systems administered by KERS. KACP is concerned the bill does not include CERS recipients and is working to try and make that change. Awaiting committee assignment. Monitoring.

HB286, related to DNA

Filed by Rep. Patrick Flannery, the bill would allow law enforcement officers to collect DNA samples. Awaiting committee assignment. Monitoring.

HB298, related to DUI

Filed by Rep. Chad Aull, D-Lexington, the will would increase penalties for a driver under 21 who operates a motor vehicle with an alcohol concentration of 0.02 or more. Awaiting committee assignment. Monitoring.

HB329, related to police officer mental health

Filed by Rep. Chris Freeland, R-Benton, the bill stipulates that to be eligible for KLEFPF/Law Enforcement Foundation Program funds, law enforcement agencies would be required to have a written policy related to police officer mental health programs. Awaiting committee assignment. Monitoring.

HB331, related to firearms

Filed Rep. Lisa Willner, D-Louisville, the will would allow law enforcement officers to petition a court to issue an extreme risk protection order when a respondent poses a present danger of causing serious physical injury to themselves or others through purchasing, processing or receiving a firearm, other provisions. Awaiting committee assignment. Monitoring. Note: similar to SB13

HB460, related to firearms

Filed by Rep. Ken Fleming, R-Louisville, the bill establishes requirements for individuals in crisis to voluntarily request inclusion on a list that prohibits the purchase or possession of firearms for specified periods and to voluntarily commit their firearms to law enforcement for safe storage and surrender. Awaiting committee assignment. Monitoring.

SENATE

SB13, relate to crisis aversion and rights retention orders.

Filed Sen. Whitney Westerfield, R-Fruit Hill, the will would allow law enforcement officers to petition a court to issue an extreme risk protection order when a respondent poses a present danger of causing serious physical injury to themselves or others through purchasing, processing or receiving a firearm, other provisions. Awaiting committee assignment. We have some concerns about the provisions of this legislation and officer safety issues. We communicated to the sponsor about making changes to address our concerns. Monitoring. Note: similar to HB331.

SB45, missing adults 

Sponsored by Sen. David Yates, D-Louisville, the bill requires KSP to create and operate the Kentucky Ashanti Alert System to provide public notification through the use of media providers and highways signs when an adult is missing and may have been abducted or kidnapped or may be in physical danger. Passed out of Senate Veterans, Military Affairs & Public Protection Committee; awaiting action by full Senate. Monitoring.

CONCEALED CARRY BILLS 

SB114, concealed carry/school buildings

Filed by Sen. Adrinne Southworth, R-Lawrenceburg, the bill would modify the prohibiting of weapons on school grounds. Assigned to Senate Education Committee. Monitoring.

HB259, concealed carry age requirements

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

HB288, concealed carry/government facilities 

Filed by Rep. Savannah Maddox, R-Dry Ridge, the bill would limit or eliminate prohibitions on carrying concealed weapons in government buildings, college campuses, schools and portions of airports. Awaiting committee assignment. Monitoring.

 

LEGISLATIVE CALENDAR

Feb. 19: Presidents Day holiday; legislature not in session

Feb. 26: Last day for introduction of new House bills

Feb. 28: Last day for introduction of new Senate bills

March 29 – April 9: Veto recess

March 12, 15: 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

You can also follow the legislative activity through the Kentucky General Assembly website.