KACP KENTUCKY GENERAL ASSEMBLY WEEKLY REPORT FOR WEEK ENDING MARCH 17
Thursday marked the 28h day of the 30-day Kentucky General Assembly legislative session. Legislators are now on recess for the veto period. The veto period – a 10-day stretch during which Gov. Beshear considers bills to veto – will last until March 29, when legislators return for the final two days of the session. During the final two days, the legislature can vote to override vetoes and also enact bills.
KACP PRIORITIES – KEY BILLS PASSED, ONE BILL STILL AWAITING FINAL APPROVAL
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. PASSED BY BOTH CHAMBERS; AWAITING GOVERNOR’S SIGNATURE TO BECOME LAW
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. BILL HAS PASSED THE HOUSE AND APPROVED BY A SENATE COMMITTEE; AWAITING ACTION BY THE FULL SENATE, WHICH WE ARE PUSHING TO HAPPEN MARCH 29 OR 30
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.
PASSED BY BOTH CHAMBERS; AWAITING GOVERNOR’S SIGNATURE TO BECOME LAW
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. PASSED BY BOTH CHAMBERS; AWAITING GOVERNOR’S SIGNATURE TO BECOME LAW
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. Passed House and Senate committee; awaiting action by the full Senate.
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. Passed the House 97-0 and is awaiting action by Senate State & Local Govt 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 both chambers, awaiting governor’s signature to become law.
LEGISLATION KACP FOLLOWING
HOUSE
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 both chambers, awaiting governor’s signature to become law.
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. Passed the House 93-0; awaiting assignment to Senate 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. Bill passed the House 97-0, awaiting action by the Senate Health Services 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. Bill passed the House 98-0, awaiting action by Senate Transportation Committee.
SENATE
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 has passed both chambers, but because amendments were added, the full Senate must still vote.
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. Bill has passed the Senate, awaits action by the full House.
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. Bill has passed the Senate, awaits action by the full House.
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