The 2010 Session is upon us and legislators have already started to file bills. If a bill number starts with HB it is a House Bill or with a SB it is a Senate Bill. Below are a list of the some the bills you may find intersting. If you wish please make a call on these or any others you wish to weigh in on to 800-372-7181 and leave a mesage for your elected officials. If you don't know who they are the nice folks at the message line center will be glad to help. The bills in red text are the ones we are asking you to ask the legislature to oppose. Ones in green are ones to support and if no color then they are for informational purposes only. If you click on the bill number it should take you directly to the text of the bill.
You can follow any of these bills by going to http://www.lrc.ky.gov/record/10RS/record.htm and clicking on the bill number to see the latest actions on the bill. You can also have alerts sent to your email when a bill is moving by signing up for Bill Watch at http://migration.kentucky.gov/services/billwatch/. Lastly if you want to see your legislators in action and can't make it to Frankfort you can see it on the web at http://www.ket.org/legislature/. Stay tuned and stay involved.
CALL ON THESE TWO AND ASK THEM TO NOT SUPPORT THESE GANG BILLS!!!!
HB 53/LM/CI (BR 120) - J. Richards
AN ACT relating to criminal gangs.
Create new sections of KRS Chapter 17 to permit law enforcement and prosecution agencies to share criminal gang information; create a new section of KRS Chapter 431 to permit an action for civil damages in criminal gang activity and criminal gang recruitment cases; create a new section of KRS Chapter 431 to permit courts to enjoin criminal gang activity and criminal gang recruitment activity; create a new section of KRS Chapter 506 to create definitions relating to criminal gangs; create new sections of KRS Chapter 506 to create the crimes of criminal gang recruitment in the first degree and second degree and permit seizure and forfeiture of criminal gang assets and property; amend KRS 506.150 relating to evidence necessary to establish criminal gang activity; repeal KRS 506.140 relating to criminal gang recruitment and definitions.
(Prefiled by the sponsor(s).)
Nov 4-To: Interim Joint Committee on Judiciary
Jan 5-introduced in House; to Judiciary (H)
Jan 22 -WITHDRAWN
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| HB 64/LM/CI (BR 237) - J. Richards
AN ACT relating to criminal gangs.
Create a new section of KRS Chapter 17 to permit named agencies to operate a criminal gang database and share the information with named agencies; define which information may be included in a criminal gang database; specify which local, state, and federal agencies may access information in a criminal gang database on a need to know basis; create a new section of KRS Chapter 431 to permit crime victims to sue persons convicted of criminal gang activity for treble damages; permit a person who is the victim of criminal gang activity to bring court action to enjoin criminal gang activity; create a new section of KRS Chapter 506 to define what constitutes a criminal gang and other terms related to criminal gangs; create the crimes of criminal gang recruitment in the first degree and criminal gang recruitment in the second degree; provide for seizure of money or property used in or the proceeds of criminal gang related activity; amend KRS 506.150 relating to establishing the existence of a criminal gang to reduce from 5 to 3 the number of persons involved in the activity; repeal KRS 506.140 relating to definitions for the chapter.
(Prefiled by the sponsor(s).)
Nov 4-To: Interim Joint Committee on Judiciary
Jan 5-introduced in House; to Judiciary (H)
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Here are some good ones!! Call and ask your legislators to cosponsor.
| HB 87 (BR 348) - S. Lee, T. Kerr
AN ACT relating to firearms, including ammunition and accessories for firearms.
Create new sections of KRS Chapter 237, relating to firearms, firearm accessories and ammunition that are made in Kentucky, marked made in Kentucky, and used in Kentucky, to specify that these items are exempt from federal law; provide that the exemption does not include machine guns, silencers, exploding ammunition, or firearms with a bore over one and one-half inches name the new sections the "Kentucky Firearms Freedom Act."
(Prefiled by the sponsor(s).)
Jan 5-introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H)
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HCR 13 (BR 124) - D. Floyd, B. Farmer
Urge support for the Second Amendment of the United States Constitution; urge Congress not to enact any law that infringes on the right to bear arms under the Constitution of Kentucky.
(Prefiled by the sponsor(s).)
Sep 2-To: Interim Joint Committee on State Government
Jan 5-introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H)
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| SB 5 (BR 851) - G. Tapp
AN ACT relating to motor vehicle repair claims.
Create a new section of Subtitle 12 of KRS Chapter 304 to define "claimant," "deceptive referral," "request or require," and "free market rate"; require an insurer to inform a claimant upon initial notification of a claim that the claimant has the right to choose the repair facility for repair of a damaged vehicle; prohibit an insurer from steering a claimant to use a specific person or business for motor vehicle repairs; prohibit an insurer from engaging in deceptive referral practices; prohibit an insurer or appraiser from steering a claimant to use a specified facility for appraisals or repairs; require all appraisals to contain a notice regarding the provisions of this section; require evidence of proof of financial responsibility or security regarding motor vehicles to contain a statement regarding an insured's right to choose a repair facility; require appraisers of motor vehicle damage claims to conduct a physical visual inspection of the vehicle and to leave an estimate of the damages with the repair facility; prohibit the alteration of an estimate of physical repair damage other than by an original appraiser; require the labor rate for damages paid to be based on the free market rate; require all claims to be paid within 30 days of notice of the claim and establish penalties for violations of this requirement; amend KRS 304.99-110 to establish a penalty for a violation of the section's provisions.
Jan 5-introduced in Senate
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| HB 186 (BR 496) - J. Wayne
AN ACT relating to motor vehicle repair claims.
Create a new section of Subtitle 12 of KRS Chapter 304 to define "claimant," "deceptive referral," "request or require," and "free market rate"; require an insurer to inform a claimant upon initial notification of a claim that the claimant has the right to choose the repair facility for repair of a damaged vehicle; prohibit an insurer from steering a claimant to use a specific person or business for motor vehicle repairs; prohibit an insurer from engaging in deceptive referral practices; prohibit an insurer or appraiser from steering a claimant to use a specified facility for appraisals or repairs; require all appraisals to contain a notice regarding the provisions of this section; require evidence of proof of financial responsibility or security regarding motor vehicles to contain a statement regarding an insured's right to choose a repair facility; require appraisers of motor vehicle damage claims to conduct a physical visual inspection of the vehicle and to leave an estimate of the damages with the repair facility; prohibit the alteration of an estimate of physical repair damage other than by an original appraiser; require the labor rate for damages paid to be based on the free market rate; require all claims to be paid within 30 days of notice of the claim and establish penalties for violations of this requirement; amend KRS 304.99-110 to establish a penalty for a violation of the section's provisions.
Jan 5-introduced in House
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| HB 70 (BR 1) - J. Crenshaw
AN ACT proposing an amendment to Section 145 of the Constitution of Kentucky relating to persons entitled to vote.
Propose to amend Section 145 of the Constitution of Kentucky to exclude a convicted felon from the right to vote only until expiration of probation, final discharge from parole, or maximum expiration of sentence; submit to the voters for ratification or rejection.
(Prefiled by the sponsor(s).)
Jun 3-To: Interim Joint Committee on State Government
Jan 5-introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H)
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| HB 134 (BR 453) - T. Riner
AN ACT proposing an amendment to Section 145 of the Constitution of Kentucky relating to persons entitled to vote.
Propose to amend Section 145 of the Constitution of Kentucky to exclude a convicted felon from the right to vote for certain crimes; exclude other convicted felons from the right to vote until expiration of probation or final discharge from parole or maximum expiration of sentence; submit to the voters for ratification or rejection.
(Prefiled by the sponsor(s).)
Jan 5-introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H)
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HCR 10 (BR 54) - S. Lee, A. Wuchner, M. Dossett, C. Embry Jr., J. Fischer, T. Kerr
Declare state sovereignty over powers not given to the federal government by the U. S. Constitution; demand the federal government to cease mandates beyond constitutionally delegated powers; prohibit federal legislation requiring state passage of laws under threat of penalties or sanctions; direct the Clerk to distribute copies of the Resolution.
(Prefiled by the sponsor(s).)
Sep 2-To: Interim Joint Committee on State Government
Jan 5-introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H)
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HCR 11 (BR 50) - R. Crimm
Reaffirm the principles of government expressed by Thomas Jefferson in a resolution written for the Kentucky legislature in 1798; declare that the nation represents a compact among the states, and that the federal government possesses only the powers delegated to it by the United States Constitution; describe the limits of federal power under the Ninth and Tenth Amendments to the United States Constitution; determine a method for communicating these principles to other states; declare that any act of the federal Congress, executive order of the President of the United States, or judicial order of the federal court that assumes a power not delegated to the United States government will constitute a nullification of the United States Constitution; declare that, upon such a nullification, all powers previously delegated to the United States will revert to the several states individually; list some federal actions that would bring about such a nullification; declare that any future government of the United States would require ratification by three-quarters of the states.
(Prefiled by the sponsor(s).)
Sep 2-To: Interim Joint Committee on State Government
Jan 5-introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H)
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These are for your information and ones that you may find interesting. The KMA has not taken an official stance on these at this time.
| HB 69/LM (BR 334) - T. Edmonds
AN ACT relating to county consolidation.
Create new sections of KRS Chapter 67 to establish a new procedure for the optional consolidation of counties; exclude consolidated local governments, charter county governments, urban-county governments, and unified local governments from the procedures; permit two or more counties to consolidate with such action initiated by public petition or local ordinance; require signatures of 20% or more of the number of persons voting in last presidential election for initiation petition; provide for the contents and certification of petitions as prescribed; require the county judge/executive in the initiating county within 10 days to notify the other local governments and their citizens of the proposal as prescribed; require responding action in adjoining counties within 120 days or initial action becomes void; require a special election within 90 days if adjoining counties enter the process; require approval in each county for consolidation to become effective; prescribe the language for the ballot, other election procedures, and advertisement of the election by the sheriff; require a simple majority of those voting in each county for approval; require all election costs to be paid for by the state, and prohibit any organizational changes in a newly consolidated county for 10 years; prohibit any new county from becoming effective until the end of terms of current officeholders and require new officers to be elected in the same manner and at same time as other county officials; require the county judge/executive in each county to appoint 6 citizens to a transition committee as prescribed; require transition committee to divide county into 3-8 magisterial districts and to select 2-5 names for the new county to be decided by the voters; require final report of the transition committee as prescribed; provide for a gubernatorial appointee to break tie vote on questions relating the name of the new county, the formation of magisterial districts, or other issues on ballot; require all taxes from immediate year to remain in effect until changed by the new county; require the creation of a special taxing district for repayment of prior financial obligations in previously existing counties as prescribed; require surplus funds to be spent in the areas where funds were raised as prescribed; permit voters to determine the location of new county seat from previously existing locations; require county seat to remain at that location for not less than 10 years; require other remaining county buildings to be maintained as branch offices for 10 years as prescribed; provide for federal and state election districts as prescribed; require the Governor's Office for Local Development to promulgate administrative regulations awarding preference points on community development block grant applications and provide technical and advisory assistance to consolidated counties; require, upon consolidation, all appointments to boards of special districts to remain in effect until the expiration of the term, at which point the appropriate appointing authority shall make new appointments; and repeal KRS 67.190, 67.200, 67.210, 67.220, 67.230, 67.240, 67.250, 67.260, 67.270, 67.280, 67.290, and 67.310.
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(Prefiled by the sponsor(s).)
Nov 4-To: Interim Joint Committee on Local Government
Jan 5-introduced in House; to Local Government (H)
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| SB 14/LM (BR 139) - J. Pendleton
AN ACT relating to industrial hemp.
Create new sections of KRS Chapter 260 to define "department," "industrial hemp," and "THC"; require persons wanting to grow or process industrial hemp to be licensed by the Department of Agriculture; require criminal history checks by local sheriff; require the Department of Agriculture to promulgate administrative regulations to carry out the provisions of the Act; require sheriff to monitor and randomly test industrial hemp fields; assess a fee of $5 per acre for every acre of industrial hemp grown, with a minimum fee of $150, to be divided equally between the Department of Agriculture and the appropriate sheriff's department; require licensees to provide the Department of Agriculture with names and addresses of any grower or buyer of industrial hemp and copies of any contracts the licensee may have entered into relating to the industrial hemp; clarify that the Act does not authorize any person to violate federal law.
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(Prefiled by the sponsor(s).)
Nov 4-To: Interim Joint Committee on Agriculture
Jan 5-introduced in Senate
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| HB 36/LM (BR 172) - D. Owens
AN ACT proposing to amend Section 228 of the Constitution of Kentucky.
Propose to amend Section 228 of the Constitution of Kentucky to delete language regarding duels; submit to the voters for approval or disapproval.
(Prefiled by the sponsor(s).)
Nov 4-To: Interim Joint Committee on State Government
Jan 5-introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H)
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| HB 62 (BR 265) - B. Farmer, J. DeCesare, A. Webb-Edgington, A. Wuchner
AN ACT relating to the alcoholic beverage wholesale sales tax and declaring an emergency.
Amend KRS 243.882 to make technical corrections to defined terms; amend KRS 243.884 to reduce the tax rate on gross receipts from wholesale sales of malt beverages, wine, and distilled spirits to 5.5% for sales made on or after July 1, 2010, and to provide that the tax shall not apply to sales made on or after July 1, 2011; EMERGENCY.
Nov 4-To: Interim Joint Committee on Appropriations and Revenue
(Prefiled by the sponsor(s).)
Jan 5-introduced in House; to Appropriations & Revenue (H)
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| HB 102 (BR 475) - D. Floyd
AN ACT relating to sales tax on alcohol.
Amend KRS 139.470 to exempt gross receipts from the sale of distilled spirits, wine, and malt beverages, not consumed on the premises, from sales and use tax, effective August 1, 2010.
(Prefiled by the sponsor(s).)
Jan 5-introduced in House; to Appropriations & Revenue (H)
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| HB 113/LM (BR 357) - M. Denham
AN ACT relating to transportation.
Amend KRS 189.030 to require the illumination of headlights during any period of precipitation that necessitates the use of windshield wipers by motorists.
(Prefiled by the sponsor(s).)
Jan 5-introduced in House; to Transportation (H)
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| SB 23 (BR 283) - D. Harper Angel
AN ACT relating to personal communication devices.
Create a new section of KRS Chapter 189 to prohibit text messaging, instant messaging, and e-mailing while operating a motor vehicle; define "personal communication device"; provide for specific exclusions; amend KRS 189.990 to set penalties; provide for a probationary period ending November 1, 2010, during which courtesy warnings will be issued; set fine for violation at $100 for the first offense and not less than $100 nor more than $300 for each subsequent offense after the probationary period; set fine at not less than $200 nor more than $600 if the violation caused a motor vehicle accident.
(Prefiled by the sponsor(s).)
Jan 5-introduced in Senate
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| HB 27 (BR 118) - R. Nelson
AN ACT relating to personal communication devices.
Create a new section of KRS Chapter 189 to prohibit the use of a personal communication device for any person under the age of 18 while operating a motor vehicle; provide for exclusions; create a new section of KRS Chapter 189 to prohibit text messaging while operating a motor vehicle; provide for certain exclusions; amend KRS 189.990 to set penalties for violations for this Act; provide for a probationary period ending November 1, 2010, where courtesy warnings will be issued; set a fine of $50 for each offense after the probationary period; exempt fines from court costs.
(Prefiled by the sponsor(s).)
Sep 2-To: Interim Joint Committee on Transportation
Jan 5-introduced in House; to Transportation (H)
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| HB 43 (BR 180) - J. Richards
AN ACT relating to personal communication devices.
Create a new section of KRS Chapter 189 to define "personal communication device"; prohibit text messaging while operating a motor vehicle; provide for specific exclusions; amend KRS 189.990 to set penalties; provide for a probationary period ending January 1, 2011, during which courtesy warnings will be issued; set fine for violation at $20 to $100 for each offense after the probationary period; exclude court costs.
(Prefiled by the sponsor(s).)
Nov 4-To: Interim Joint Committee on Transportation
Jan 5-introduced in House; to Transportation (H)
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