2014 Legislative Summary

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The summary below was prepared by Carol E. Jordan, Office for Policy Studies on Violence Against Women, University of Kentucky. It includes legislation passed by the 2014 General Assembly that relates to criminal justice, juvenile justice, firearms, adult protection, women's issues, substance abuse, mental health, and funding.

 

2014 Session Bill Number Bill Title Sponsor Statute Summary

 

Senate Bills

  SB 20 AN ACT relating to anti-bullying Sen. J. Carpenter, R. Webb KRS 2 The bill creates a new section in KRS Chapter 2 designating October as Anti-Bullying Month in Kentucky and a purple and yellow ribbon as the symbol for anti-bullying awareness. 
  SB 45 AN ACT relating to search warrants Sen. W. Westerfield, E. Harris KRS 455 The bill creates a new section of KRS Chapter 455 to allow the court system to authorize a search warrant to be applied for and issued electronically if the process complies with constitutional and other specified safeguards. The bill also requires the production of a paper copy of the warrant at the time of service.
  SB 47 AN ACT relating to drug-addicted or dependent newborns Sen. W. Westerfield   KRS 211.678 The bill requires the Department for Public Health to publish, on at least an annual basis, de-identified statistical data on the number of reports of neonatal abstinence syndrome. The report may segregate the data into reporting blocks no smaller than the regional or county level.
  SB 61 AN ACT relating to licensed fee-based pastoral counselors Sen. A. Kerr   The bill amends various statutes and rules to designate "KY licensed pastoral counselors"" rather than "certified fee-based" pastoral counselors; authorizes a board member whose term has expired to serve until his or her successor is appointed and qualified; allows certificate holders certified before January 1, 2015 to transition to licensure; prohibits the use of "KLPC" or any similar abbreviation, or holding oneself out as having this status, by anyone except a licensed pastoral counselor. 
  SB 65 AN ACT relating to mental health records Sen. A. Kerr KRS 210.235 The bill amends KRS 210.235 to specify additional conditions under which patient records may be disclosed to include when necessary for treatment of the patient by a health care provider; or when the provider is part of electronic information exchange.
  SB 98 AN ACT relating to adult abuse, neglect, and exploitation Sen S. Gregory, W. Blevins Jr., P. Clark, J. Denton, D. Harper Angel, C. McDaniel, M. McGarvey, R. Thomas KRS Chapter 209 The bill creates a new section of KRS Chapter 209 to create an Adult Abuse Registry.  It requires entities that provide personal care services to vulnerable adults to query the Cabinet for Health and Family Services as to whether a prospective employee, contractor, or volunteer has been the subject of a validated substantiated finding of adult abuse, neglect, or exploitation; allows queries for current employees, contractors, and volunteers; allows an individual to query the cabinet to determine whether a validated substantiated finding of adult abuse, neglect, or exploitation has been entered against him or her; makes false queries a criminal violation; requires the cabinet to promulgate administrative regulations to implement the query process in a secure manner. 
  SB 108 AN ACT relating to parental rights Sen. S. Gregory, C. Girdler KRS 403.270 - 403.350; KRS 405 The bill creates new sections of KRS 403.270 to 403.350 and KRS Chapter 405 to provide that a person convicted of a felony offense under KRS Chapter 510 in which a child was born as a result of the offense shall lose parental rights with respect to that child; provides for an exception at the request of the mother; and provides that a court shall impose an obligation of child support against the offender unless waived by the mother and, if applicable, a public agency supporting the child. 
  SB 124 AN ACT relating to drugs and declaring an emergency Sen. J. Denton, W. Westerfield, W. Blevins Jr., J. Carroll, P. Clark, C. Girdler, D. Harper Angel, J. Higdon, M. McGarvey, R. Webb KRS 218A.010 The bill amends KRS 218A.010 to exempt from the definition of "marijuana" drugs used in FDA-approved studies or compassionate use programs and the substance cannabidiol when recommended by a physician practicing at a state research hospital. The new law is named in honor of Clara Madeline Gilliam.
  SB 138 AN ACT relating to the issuance of legal process Sen. W. Westerfield KRS 454.210 The bill amends KRS 454.210 to allow a court clerk to electronically transmit court process to the Secretary of State when that office is responsible for service of process.
  SB 176 AN ACT relating to caregivers Sen. D. Harper Angel, W. Blevins, Clark, P., Neal, G., Rhoads, J. KRS 405.023 The bill amends KRS 405.023 to expand the statewide service program to other caregivers caring for minors who are not their biological children; creates a new section of KRS Chapter 405 to establish an affidavit for caregivers to authorize health care treatment and school-related decisions for children in their care; define terms; establishes requirements and form of the affidavit; establishes penalties for misuse of the affidavit; requires health care providers to honor the affidavit; permits parents, legal custodians, and de facto custodians to supersede the decision of a caregiver and revoke the affidavit; clarifies that caregiver rights do not supersede parental rights; creates a new section of KRS Chapter 158 to require schools to honor a caregiver's authority to make school-related decisions for a child in their care; clarifies that caregiver rights do not supersede parental rights.
  SB 184 AN ACT relating to human trafficking Sen. M. McGarvey, J. Denton KRS 529 The bill creates new sections of KRS Chapter 529 to allow expungement of non-violent offenses resulting from being a victim of human trafficking and to create an affirmative defense for human trafficking victims.
  SB 192 AN ACT relating to special law enforccement officers Sen. R. Palmer II+D18 KRS 15.420 The bill amends KRS 15.420 to include special law enforcement officers employed by school districts in the definition of "police officer"; amends KRS 16.220 to make special law enforcement officers employed by school districts eligible for certain Kentucky Office of Homeland Security grants.
  SB 200 AN ACT relating to the juvenile justice system Sen. W. Westerfield KRS 610.110 The bill creates new sections of KRS 15A to require data sharing between the Departments of Corrections and  Juvenile Justice, to create the Juvenile Justice Oversight Council, and create a fiscal incentive program. It also creates a new section of KRS 158 to require schools to prepare annual reports on school safety and discipline; and new sections of KRS  605 to create in every judicial district a family accountability, intervention, and response teams. The bill creates a new section of KRS 610 to allow informal adjustment of juvenile cases; to amend KRS 15A.067 to require assessment of usage of Department of Juvenile Justice facilities. The bill amends KRS 156.095 to require teachers to receive training on juvenile justice and  mental health; amends KRS 158.441 to define "school safety officer" and require training; amends KRS 159.140 to allow director of pupil personnel to refer a truancy complaint to the FAIR team; amends KRS 159.150 to require early intervention programs. The bill further amends KRS 200.505 and KRS 200.509 to broaden the purpose of the State Interagency Council and the Regional Interagency Councils; amends KRS 600.020 to provide definitions of "evidence-based practices," "graduated sanction," "out-of-home placement," and "risk and needs assessment"; amends KRS 600.060 to limit detention for contempt to 10 days; amends KRS 605.020 and KRS 605.030 to expand the role and training of the court-designated worker; amends KRS 605.050 and KRS 605.060 to expand use of risk and needs assessments;  amends KRS 605.130 to require the cabinet to investigate all referrals from a CDW; amends KRS 610.030 to define expanded role of the CDW; amends KRS 635.010 to clarify role of the county attorney in juvenile public offense cases; and amends KRS 635.060 to define disposition options for public offense cases. 
  SB 225 AN ACT relating to voyeurism Sen. J. Denton, M. McGarvey KRS 531.090 The bill amends KRS 531.090 on voyeurism to include recording or viewing underwear which is not publicly visible.

 

House Bills

  HB 99 AN ACT relating to the carrying of concealed deadly weapons by retired peace officers Rep. A. Wuchner, De. Butler, R. Benvenuti III, R. Bunch, H. Collins, T. Couch, W. Coursey, C. Embry Jr., K. Hall, R. Heath, T. Kerr, B. Linder, D. Mayfield, D. Meade, T. Moore, D. Osborne, M. Rader, T. Riner, S. Santoro, F. Steele, K. Upchurch, B. Waide, G. Watkins, J. York KRS 237.140 The bill amends KRS 237.140, relating to concealed carry licenses for retired peace officers issued in conformity with the federal Law Enforcement Officers Safety Act to allow the annual license to be extended in yearly increments up to four times before a new license is issued; it amends KRS 527.020 to allow LEOSA-certified retired peace officers to carry concealed deadly weapons under the same conditions as actively employed officers.
  HB 105 AN ACT relating to fees for fingerprinting and photography by law enforcement Rep. G. Watkins KRS 16 The bill creates a new section of KRS Chapter 16 to allow State Police to charge a reasonable fee when persons request fingerprinting and photography for professional, trade, or commercial purposes or for personal use; amends KRS 64.090 to allow sheriffs to also charge a fee for requested fingerprinting and photography; creates a new section of KRS Chapter 65 to allow local governments to charge a fee for requested fingerprinting and photography; creates a new section of KRS Chapter 70 to allow sheriffs to change a fee for requested fingerprinting and photographs.
  HB 128 AN ACT relating to concealed deadly weapons Rep. R. Damron, R. Bunch, H. Collins, T. Couch, W. Coursey, C. Embry Jr., J. Greer, K. Hall, R. Heath, R. Henderson, T. Kerr, M. King, S. Lee, B. Linder, D. Osborne, B. Rowland, S. Rudy, S. Santoro, F. Steele, B. Waide, A. Wuchner various The bill includes various provisions related to firearms. It creates a new section of KRS 403 of the Domestic Violence and Abuse Act to allow a person protected by an EPO or a DVO to apply for a temporary permit to carry a concealed deadly weapon; temporary permit can become a CDW license if firearms safety training is completed within 45 days.  It amends KRS 527.020, relating to carrying a concealed deadly weapon, to permit a retired peace officer who has a CDW license to carry a concealed deadly weapon at all times at any location except for a detention facility. The bill amends KRS 237.110 to allow honorably discharged service members to waive the training requirement for a CDW license with certain documentation; allows new residents in Kentucky who have valid CDW licenses from other states that have a reciprocity agreement with the Kentucky State Police to waive the training requirements for CDW licenses under certain conditions. The bill makes other process changes.
  HB 235 AN ACT relating to appropriations providing financing and conditions for the operations, maintenance, support, and functioning of the government of the Commonwealth of Kentucky Rep. R. Rand, G. Stumbo, R. Adkins, L. Clark, S. Overly, T. Thompson   The State/Executive Branch Budget
  HB 236 AN ACT relating to appropriations providing financing and conditions for the operations, maintenance, support, and functioning of the Transportation Cabinet  Rep. R. Rand, G. Stumbo, R. Adkins, L. Clark, S. Overly, T. Thompson   The Transportation Cabinet Budget
  HB 237 AN ACT relating to road projects and declaring an emergency Rep. R. Rand, G. Stumbo, R. Adkins, L. Clark, S. Overly, T. Thompson   2014-2016 Biennial Highway Construction Plan (State Road Plan)
  HB 238 AN ACT making appropriations for the operations, maintenance, support, and functioning of the Judicial Branch of the government of the Commonwealth of Kentucky Rep. R. Rand, G. Stumbo, R. Adkins, L. Clark, S. Overly, T. Thompson   The Judicial Branch Budget
  HB 253 AN ACT making appropriations for the operations, maintenance, and support of the Legislative Branch of the Commonwealth of Kentucky Rep. R. Rand, G. Stumbo, R. Adkins, L. Clark, S. Overly, T. Thompson   The Legislative Branch Budget
  HB 264 AN ACT relating to public advocacy Rep. B. Yonts   The bill amends KRS 31.100 to define "defending attorney," "non-lawyer assistants" and "plan"; amends KRS 31.030 to require the department to file annual reports with the Legislative Research Commission; amends KRS 31.110 to establish that, in the case of a minor in specific instances, the department may have access to the court file without a formal court order using a release signed by the minor or his or her guardian; amends 31.120 to require that, at the time of sentencing, the court enter an Order In Forma Pauperis for purposes of appeal without having to show further proof of continued indigency; amends KRS 31.185 to include certain expenses incurred as charges against the local governmental entity; amends KRS 31.219 to clarify when the attorney's duty to file a notice of appeal arises; amends KRS 31.220 to set forth when KRS Chapter 31 applies to United States Courts; amends KRS 31.211 to conform. 
  HB 343 AN ACT relating to correctional facilities Rep. J. Tilley, B. Yonts   The bill amends KRS 431.215 to change the date on which state financial responsibility for newly convicted offenders begins; amends KRS 441.045 to specify the medical payment rate for state prisoners in local county jails; amends KRS 520.010 to include cells phones within the definition of dangerous contraband. The bill also includes provisions to amend KRS 17.500 to include possessing or viewing child pornography within the list of designated sex crimes; amends KRS 197.045 to allow the Department of Corrections to vary the amount of good time received by inmates based upon the program the inmate has completed.
  HB 359 AN ACT relating to continuous alcohol monitoring Rep. T. Thompson, J. Hoover, M. Denham, D. Keene, M. King, T. Pullin, J. Richards, T. Riner, B. Yonts   The bill creates a new section of KRS Chapter 431 to allow courts to order a person to wear a continuous alcohol monitoring device as a condition of pretrial release; amends KRS 431.520 to conform; amends KRS 533.030 to allow continuous alcohol monitoring as a condition of probation or conditional discharge; and amends KRS 533.250 to allow continuous alcohol monitoring during pretrial diversion. The bill also amends KRS 403.750 to make continuous alcohol monitoring a potential sanction for a substantial violation of a domestic violence order under KRS 403.761, the Domestic Violence and Abuse Act.
  HB 527 AN ACT relating to community mental health centers Rep. J. Tilley, T. Burch, M. Denham, M. Dossett, D. Floyd, M. Harmon, K. Imes, J. Jenkins, D. Keene, M. King, M. Marzian, R. Meeks, M. Meredith, T. Mills, S. Riggs, K. Sinnette, F. Steele, W. Stone, B. Waide, J. Wayne, S. Westrom, B. Yonts, J. York   The bill amends KRS 210.410 to add primary care services to the list of services that community mental health centers may provide (existing services remain mandatory); and creates a new section of KRS Chapter 205 to require that primary care services provided by physicians, advanced practice registered nurses, and physician assistants in community mental health centers are Medicaid-reimbursable at the same rates set for primary care centers. The bill requires the cabinet to promulgate administrative regulations, and define terms. The bill also creates a new sections of KRS 309.080 to 309.089 to establish the requirements for an applicant for registration as an alcohol and drug peer support specialist.

 

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