2017 Legislative Summary

  • Department Manager Senior, Office for Policy Studies on Violence Against Women
103 Breckinridge Hall
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2017 Kentucky General Assembly

The summary below was prepared by LaKeysha Singleton, Research Assistant to Carol E. Jordan, Executive Director of the Office for Policy Studies on Violence Against Women, University of Kentucky.

The 2017 Kentucky General Assembly was in session from January through March 2017.  It was a constitutionally-structured odd-year session.

The General Assembly, in odd-numbered years, meets in regular session for a period not to exceed a total of thirty (30) legislative days divided as follows: The General Assembly convenes for the first part of the session on the first Tuesday after the first Monday in January in odd-numbered years for the purposes of electing legislative leaders, adopting rules of procedure, organizing committees, and introducing and considering legislation. The General Assembly then adjourns. The General Assembly reconvenes for the second part of the session on the first Tuesday in February of that year. Any legislation introduced but not enacted in the first part of the session is carried over into the second part of the session. In any part of the session in an odd-numbered year, no bill raising revenue or appropriating funds shall become a law unless it is agreed to by three-fifths of all the members elected to each House.[1]

In total, 540 House bills and 253 Senate bills were introduced this year. By comparison, in 2015 (the previous odd-year session), 548 House bills and 209 Senate bills were introduced.

The summary below includes legislation passed by the 2017 General Assembly that relates to women’s health issues, criminal justice, mental health, protection for minors, human trafficking and sexual assault.  It includes 6 House bills and 7 Senate bills.

 

2017 General Assembly: Legislation by Chamber
BILL NUMBER SPONSOR(S) BILL TITLE BILL SUMMARY SENATE VOTE HOUSE VOTE GOV'S SIGNATURE
Senate
SB 5 B. Smith ( R)(30), W. Westerfield, R. Alvarado, J. Bowen, D. Carroll, C. Embry Jr., R. Girdler, S. Meredith, D. Parrett, A. Robinson, J. Schickel, D. Seum, D. Thayer, M. Wilson, M. Wise AN ACT relating to abortion and declaring an emergency. Create new sections of KRS Chapter 311 to prohibit an abortion when the probable post-fertilization age of the unborn child is 20 weeks or greater; create an affirmative defense if the probable post-fertilization age was less than 20 weeks or if a medical emergency; require a determination of the unborn child's probable post-fertilization age prior to performing an abortion; allow for civil relief; create the Kentucky pain-capable unborn child protection litigation fund; allow for severability; amend KRS 311.595 to allow the Kentucky Board of Medical Licensure to suspend or revoke the license of any physician for violations; amend KRS 311.990 to establish a criminal penalty for violations; amend KRS 213.101 to expand the statistical reporting system for abortions; amend KRS 413.140 to provide a one-year statute of limitation for civil actions arising from violations; EMERGENCY. 30-6 24-63 9-Jan-17
SB 8 M. Wise ( R)(16), C. Embry Jr., R. Girdler, S. Meredith, D. Thayer, S. West, W. Westerfield, M. Wilson AN ACT relating to the use of public resources. Amend KRS 311.715 relating to funding prohibitions to prohibit state and local funds from being used, granted, paid, or distributed to an entity, organization, or individual that provides abortion services; establish a funding priority for the distribution of federal funds that places state, county, and local community health clinics and federally qualified health centers first; amend KRS 311.720 to conform. 31-6 75-13 21-Mar-17
SB 32 D. Carroll (R )(2), R. Alvarado, R. Girdler, S. Meredith, M. Wise AN ACT relating to the tracking of drug convictions. Amend KRS 218A.202 to require the Administrative Office of the Courts to forward drug conviction data to the Cabinet for Health and Family Services for inclusion in the KASPER electronic monitoring system. 34-2 97-0 27-Mar-17
SB 39 D. Carroll (R )(2) AN ACT relating to jailers and declaring an emergency. Amend KRS 441.245 to require fiscal courts to detail the duties and compensation of the jailer for the upcoming year; require a quarterly report by the jailer of the duties performed; EMERGENCY. 37-0 97-0 21-Mar-17
SB 42  J. Schickel ( R)(11), D. Carroll, C. Embry Jr., S. Meredith AN ACT relating to crimes and punishments. Amend KRS 431.005 to permit a peace officer to make an arrest for a violation of KRS 508.030, assault in the 4th degree, when the violation occurs in a hospital and the officer has probable cause; amend KRS 431.015 to conform. 38-8 91-1 16-Mar-17
SB 91 J. Adams ( R)(36), R. Alvarado, D. Carroll, C. Embry Jr., D. Harper Angel, S. Humphries, A. Kerr, M. McGarvey, R. Thomas AN ACT relating to court-ordered outpatient mental health treatment and making an appropriation therefor. Amend KRS 202A.081 to require that an attorney be present for a patient agreed order and allow a peer support specialist to be present; require the court to appoint an outpatient provider agency recognized by the Cabinet for Health and Family Services to assemble a multi-disciplinary team to develop a treatment plan, monitor treatment adherence, and report to the court; require that crisis services are available 24/7; provide that failure to abide by the order may result in rehospitalization provided that the criteria are met, procedures are initiated via affidavit by the multi-disciplinary team, and mental health examinations take place at community mental health centers; permit additional orders with due process; require that patient agreed order services are covered by Medicaid; require that courts report such orders to the Kentucky Commission on Services and Supports for Individuals with Mental Illness, Alcohol and Other Drug Abuse Disorders, and Dual Diagnoses; and rename this commitment process a patient agreed order; amend KRS 202A.261 to exempt certain hospitals from being required to provide particular services; amend KRS 202A.271 to require certain hospitals to be paid for services performed under portions of this Act at the same rates the hospital negotiates for other services; create new sections of KRS Chapter 202A to create a process for District Courts to order assisted outpatient mental health treatment; provide for transportation processes for the purposes of a mental health examination; establish eligibility and court proceedings; require a mental health examination and the development of a treatment plan; establish the process for hearings; require the court to appoint an outpatient provider agency to monitor and report on the person under order; authorize 72-hour emergency admission for failure to comply with orders; provide for the right to stay, vacate, or modify orders; provide for a process to change a treatment plan; permit an additional period of treatment to be ordered provided certain criteria are met; require that assisted outpatient treatment services are covered by Medicaid; make the implementation of all newly created sections of KRS Chapter 202A contingent on funding; name these new sections of the bill "Tim's Law"; APPROPRIATION. 34-3 95-0 3/29/2017 ENACTED OVER GOVERNOR'S VETO
SB 73 C. Embry Jr. (R )(6) AN ACT relating to autocycles. Amend KRS 186.010 to define "autocycle" and specify that it is a type of motorcycle; create a new section of KRS Chapter 189 to outline the provisions for the operation of an autocycle on a highway; require autocycles to be titled and registered as motorcycles; amend KRS 186.480 to prohibit the use of an autocycle for road skills testing purposes; amend KRS 190.010 to allow used car dealers to sell autocycles received in trade; for reporting and statistical purposes, amend KRS 189.635 to require an autocycle to be listed in its own category on accident reports and not as a motorcycle or a motor vehicle. 34-0 97-0 21-Mar-17
SB 120 W. Westerfield (R )(3) AN ACT relating to crimes and punishments and making an appropriation therefor. An extensive act relating to crimes and pusnishment including; Require the Department of Kentucky State Police to establish the child abuse registry; limit the registry to child abuse offenders who are convicted under KRS Chapter 507, 507A, 508, 509, or 530, excluding KRS 530.050, 510.140, 510.150, or 529.110, and whose victim was a minor under the age of 18; amend KRS 431.073 and 431.078 to provide that a portion of expungement fees go to the Department of Kentucky State Police to process expungements and to establish and maintain the child abuse offender registry and the sex offender registry; require sections 101 to 103 to be called Kylie Jo's and Sophie's Law. 35-1 85-9 10-Apr-17
SB 173 J. Bowen (R )(8) AN ACT relating to Department of Juvenile Justice facilities and making an appropriation therefor. Provide authorization for the proceeds of the sale of state-owned real property and improvements in Owensboro, Kentucky operated by the Department of Juvenile Justice to be used to service debt relating to the Department of Juvenile Justice's Guaranteed Energy Savings Performance Contract loans. 38-0 97-0 27-Mar-17
SB 195 W. Westerfield (R )(3) AN ACT relating to expungement of juvenile records. Amend KRS 610.330 to expand the expungement and sealing of juvenile records and create an automatic process. 37-0 90-3 27-Mar-17
SB 205 S. Meredith AN ACT relating to prescription drugs. Create a new section of KRS Chapter 315 to establish requirements related to the dispensing of prescription drugs. 38-0 95-0 27-Mar-17
SB 224 W. Schroder ( R)(24) AN ACT relating to civil actions involving sexual misconduct. Create a new section of KRS Chapter 413 to extend the civil statute of limitations for an illness or injury suffered as a result of an act or series of acts against a person 18 years or older that meets the criteria of an offense under KRS Chapters 510, 529, 530, or 531 to five years unless the civil defendant was convicted of the offense, in which case there is no statute of limitations. 36-0 97-0 27-Mar-17
SB 236 J. Adams ( R)(36), R. Alvarado, D. Carroll, C. Embry Jr., M. Wise AN ACT relating to the protection of children. Create a new section of KRS Chapter 199 to permit a parent or legal guardian to request a background check of the child abuse and neglect registry records when employing a child care provider for his or her minor child; require the cabinet to make the request form available on its Web site; create language to require the signature of the individual child care provider consenting to a background check; amend KRS 160.380 to require that school superintendents conduct a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services when considering employment decisions; create new sections of KRS Chapter 211 to define terms, prohibit youth camps from employing or allowing the involvement of any individual who has been convicted of a criminal offense against a minor or a sex crime, who is a violent offender or has abused or neglected a child; require youth camps to obtain state and national criminal background checks of applicants, contractors, or volunteers; require documentation of records checks; provide for suspension of operating permits if a youth camp is not in compliance; establish a criminal penalty for knowingly employing certain offenders; amend KRS 160.157 to allow a private, parochial, or church school to conduct a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services when considering employment decisions; Section 1 to 2 of this Act are effective July 1, 2018. 37-0 97-0 27-Mar-17
House of Representatives
HB 2 J. Hoover ( R)(83), A. Wuchner, L. Bechler, D. Bentley, R. Benvenuti III, J. Blanton, K. Bratcher, J. Carney, M. Castlen, J. DuPlessis, M. Hart, R. Heath, T. Herald, K. Imes, D. Johnson, DJ Johnson, K. King, A. Koenig, S. Lee, D. Meade , R. Mills, T. Moore, K. Moser, D. Osborne, M. Prunty, B. Reed, S. Santoro, J. Shell, D. St. Onge, W. Thomas, J. Tipton, T. Turner, K. Upchurch, J. York AN ACT relating to full disclosure in public safety and declaring an emergency. Create a new section of KRS 311.710 to 311.820 to create the Ultrasound Informed Consent Act to require an ultrasound prior to an abortion; amend KRS 311.990 to provide a criminal penalty; EMERGENCY. 32-5 28-62 9-Jan-17
HB 14 K. Bratcher (R )(29) AN ACT relating to hate crimes.  Amend KRS 532.031, relating to an offense committed as a result of a hate crime, to include offenses committed against an individual because of the individual's actual or perceived employment as a city, county, state, or federal peace officer, member of an organized fire department, emergency medical services personnel; provide that "emergency medical services personnel" is defined as in KRS 311A.010; enumerate that members of an organized fire department or emergency medical services personnel includes volunteer members if the violation occurs while the volunteer is performing duties with an organized fire department or emergency medical services personnel. 33-5 77-13 20-Mar-17
HB 26 A. Koenig (R )(69), M. Hart, K. King AN ACT relating to inspections by sheriffs. Repeal KRS 70.160, which requires monthly visits and inspections by the sheriff or deputies of certain public places, including but not limited to dance halls and roadhouses, along with written reporting to the county attorney and Circuit Court; amend KRS 70.170, 241.140, and 241.170 to conform. 37-0 91-1 16-Mar-17
HB 38 K. King ( R)(55), R. Bunch, D. Hale, R. Heath, C. Morgan, S. Westrom AN ACT relating to sex offender registrants. Amend KRS 17.545 to prohibit sex offender registrants from being on the grounds of a publicly owned playground without advance written permission. 37-0 91-3 21-Mar-17
HB 67 J. Tipton, R. Benvenuti III, R. Heath, R. Palumbo, D. St. Onge, S. Westrom AN ACT relating to autopsy records. Create a new section of KRS Chapter 72 to limit lawful distribution of autopsy photographs, images, video, or audio recordings to specified persons and agencies; amend KRS 72.992 to provide penalty for violating the prohibition on dissemination of autopsy photographs, images, or video or audio recordings. 36-1 94-0 21-Mar-17
HB 78 J. DuPlessis (R )(25), L. Brown, R. Bunch, J. Greer, M. Prunty, J. Tipton AN ACT relating to patient notification of mammogram results showing dense tissue. Create a new section of KRS 214.550 to 214.556 to require the provider of mammography services to provide information to a patient on breast density when appropriate; permit the Department for Public Health to provide updates to the definition of "dense breast tissue" if appropriate. 37-1 93-0 11-Apr-17
HB 93 D. St. Onge (R )(63), R. Benvenuti III, S. Santoro AN ACT relating to assaults on animals utilized for the principal purpose of law enforcement. Amend KRS 525.200 to remove the requirement that a service animal be unable to return to work from the elements of the offense of first degree assault on a service animal, and add levels of injury and criminal intent to the elements. 38-0 98-0 20-Mar-17
HB 158 K. Moser, D. Bentley, R. Benvenuti III, J. Richards, S. Westrom AN ACT relating to controlled substances. Amend KRS 218A.050, Schedule I controlled substances, to include any material, compound, mixture, or preparation temporarily scheduled as a Schedule I controlled substance under the federal Controlled Substances Act. 37-0 99-0 21-Mar-17
HB 192  L. Brown (R )(95), S. Westrom, A. Wuchner AN ACT relating to foster youth operator's license. Amend KRS 186.450 and 186.470 to allow a minor who is in the custody of the Cabinet for Health and Family Services to sign an application for an operator's license; allow the Cabinet for Health and Family Services to request that a minor's license be canceled; amend KRS 186.590, relating to liability for negligence of the minor while driving a motor vehicle, to conform; amend KRS 605.102 to require the prudent parent standard be used to determine if a child is developmentally appropriate to apply for an operator's license, motorcycle operator's license, intermediate license, or any instruction permit. 37-0 96-0 10-Mar-17
HB 222 R. Benvenuti III (R )(88), J. Greer, R. Mills, B. Reed, J. York AN ACT relating to shock probation. Amend KRS 439.265 to prohibit shock probation if a person is convicted of violating KRS 507.040, relating to manslaughter in the second degree, or KRS 507.050, relating to reckless homicide, and a violation of KRS 189A.010, relating to driving under the influence, arising from the same incident. 33-4 91-0 21-Mar-17
HB 225 R. Webber (R )(26), T. Moore AN ACT relating to public protection. Amend KRS 61.365, relating to federal peace officers who have been granted Kentucky peace officer powers, to add the United States Mint Police under specified conditions. 34-2 98-0 21-Mar-17
HB 253 J. Greer (D)(27), R. Benvenuti III, C. Morgan, K. Moser, M. Prunty, J. Sims Jr AN ACT relating to child protective services. Create a new section of KRS Chapter 620 to require unannounced visits to the residence or location where the reported child abuse or neglect occurred when an investigation is required and ongoing unannounced visits until the welfare of a child has been safeguarded; permit a delay in an unannounced visit; provide that this Act may be cited as the Tucker Act. 33-0 99-0 17-Apr-17
HB 262 R. Webber (R )(26) AN ACT relating to federally mandated background checks and declaring an emergency. Create a new section of KRS Chapter 194A to require all employees of the Cabinet for Health and Family Services, including contract staff, with access to federal tax information to submit to a criminal background investigation and require the promulgation of administrative regulations; create a new section of KRS Chapter 42 to require all employees of the Department of Revenue, including contract staff, with access to federal tax information to submit to a criminal background investigation and require the promulgation of administrative regulations; EMERGENCY. 37-0 99-0 21-Mar-17
HB 309 M. Prunty (R )(15), A. Wuchner, R. Bunch, M. Cantrell, A. Hatton, J. Jenkins, C. Morgan, A. Scott, D. St. Onge, S. Westrom, J. York  AN ACT relating to tenancies in real property. Create a new section of KRS Chapter 383 to provide that, after the effective date of this Act, residential tenants who hold a domestic violence order, a pretrial release no-contact order, or an interpersonal protective order may terminate a lease with at least 30 days' notice to landlords, while the lease continues for co-tenants; establish civil action for a landlord's economic losses due to termination against persons restrained by protective orders; for those tenants or applicants for tenancy who hold an emergency protective order, a domestic violence order, a pretrial release no-contact order, an interpersonal protective order, or a temporary interpersonal protective order, those orders cannot serve as a basis for denying a lease and new locks may be installed by the tenant; create a new section of KRS Chapter 383 to provide that, after the effective date of this Act, rental agreements shall not penalize tenants for requesting assistance from emergency services. Amendment: Retain original provisions; repeal, reenact, and amend KRS 209A.010 to restate the purposes of KRS Chapter 209A; repeal, reenact, and amend KRS 209A.020 to define new terms and delete other terms; create new sections of KRS Chapter 209A to set reporting provisions for professionals and law enforcement officers; require the use of the JC-3 form or its equivalent replacement; require the provision of educational materials; repeal, reenact, and amend KRS 209A.030 to delete provisions relating to the Cabinet for Health and Family Services; set violation provisions for professionals; repeal, reenact, and amend KRS 209A.050 to comply with changes; repeal and reenact KRS 209.160 as a new section of KRS Chapter 209A; repeal, reenact, and amend KRS 216B.400 to comply with changes; repeal KRS 209A.040 and 209A.080, relating to adult services and to abuse and neglect investigations; amend definition of professional to add licensed mental health professional; delete social worker and prosecutor; add victim advocate; add definition of victim advocate; add that professional is required to report; amend KRS 403.785 to conform with changes. 37-1 68-5 11-Apr-17
HB 314  D. Bentley (R )(98), A. Wuchner, K. Moser AN ACT relating to controlled substance monitoring. Amend KRS 218A.202 to require certain hospitals to report positive toxicology screens to the Cabinet for Health and Family Services; permit federal prosecutors and agents to use KASPER; permit practitioners or pharmacists to review KASPER reports of birth mothers of potentially drug-exposed infants; remove a pilot program relating to real-time electronic monitoring; make other technical corrections; amend KRS 218A.240 to conform. 33-3 88-0 27-Mar-17
HB 333 K. Moser (R )(81), J. Fischer, R. Benvenuti III, D. Elliott, D. Graham, C. Morgan, R. Palumbo, J. Richards, S. Santoro, D. St. Onge, J. Wayne, S. Westrom, A. Wuchner AN ACT relating to controlled substances. Amend KRS 218A.010 to define "fentanyl," "carfentanil," and "fentanyl derivatives"; amend KRS 218A.020 to expand the authority of the Office of Drug Control Policy to request the rescheduling of a substance; amend KRS 218A.050 to schedule fentanyl derivatives as Schedule I controlled substances; amend KRS 218A.1410 to include carfentanil, fentanyl, or fentanyl derivatives; amend KRS 218A.1412 to make trafficking in any amount of fentanyl, carfentanil, or fentanyl derivatives subject to elevated penalties; amend KRS 218A.142 to include carfentanil, fentanyl, or fentanyl derivatives; amend KRS 218A.205 to require state licensing boards to promulgate regulations limiting prescriptions for Schedule II controlled substances for acute pain to a three day supply, with certain exceptions; create a new section of KRS Chapter 218A to create a new offense of trafficking in a misrepresented controlled substance. 29-9 96-1 10-Apr-17
HB 374 R. Benvenuti III ( R)(88), C. Morgan, M. Prunty AN ACT relating to federally mandated background checks and declaring an emergency. Amend KRS 17.165 to define "criminal offense against a victim who is a minor"; require that all employers of applicants for initial employment in positions involving supervisory or disciplinary power over minors request conviction information from the Justice and Public Safety Cabinet or the Administrative Office of the Courts; prohibit hiring of such applicants if they were convicted of a violent crime, sex crime, or criminal offense against a minor victim, or have been found by a court to have abused or neglected a child; amend KRS 199.011 to add the definition for "rap back system"; amend KRS 199.462 to allow the Cabinet for Health and Family Services to register members of certified adoptive or foster homes into the rap back system; create a new section of KRS Chapter 199 to define "child care staff member"; require the Cabinet for Health and Family Services to require child care staff members to submit to background checks; permit the cabinet to charge a fee for the check and require that the fee charged to the cabinet is no greater than the actual cost of the check; require the promulgation of administrative regulations; amend KRS 199.896 to require directors and employees of child-care centers with supervisory or disciplinary power over minors or in direct contact with minors to submit to background checks; amend KRS 199.8982 to require family child-care providers to submit to background checks; amend KRS 17.990 to conform; EMERGENCY. 37-0 91-0 22-Mar-17
HB 417  R. Benvenuti III(R )(88), J. Greer, K. King, S. Lee, M. Meredith, C. Morgan, B. Reed, S. Riggs, S. Santoro, A. Wuchner AN ACT relating to interference with an authorized individual's right to concealed carry. Amend KRS 237.137 to provide that it is a violation to prevent a person authorized to concealed carry from doing so on a permitted property; establish fines. 38-0 81-5 11-Apr-17
HB 482 M. Meredith (R )(19), M. Hart, D. Mayfield, C. Morgan AN ACT relating to law enforcement training. Amend KRS 15.440 to allow the Kentucky Law Enforcement Council, through the promulgation of administrative regulations, to approve basic training credit for the basic training for the Kentucky Law Enforcement Foundation Program fund stipend and Peace Officer Professional Standards basic training years for service credit served in another state or basic training completed in another state. 38-0 94-1 11-Apr-17
HB 492 J. Petrie (R )(16), R. Mills, D. Osborne AN ACT relating to temporary custody orders. Amend KRS 403.280 to create a presumption of joint custody in temporary custody orders and to have prior parental custody agreements become the court's orders. 38-0 97-0 10-Apr-17
HB 502 DJ Johnson (R )(13) AN ACT relating to the administration of justice and declaring an emergency.  Amend KRS 23A.045 to add the Sixth Judicial Circuit to the circuits which have three circuit judges, allowing for a Family Court judge in that circuit, and amend KRS 23A.040 to conform. 37-0 89-2 17-Mar-17
HB 524  A. Wuchner (R )(66), J. Blanton, D. Bentley, M. Cantrell, M. Hart, D. Mayfield, C. Morgan, M. Prunty, R. Rothenburger, S. Westrom AN ACT relating to the prevention of human trafficking. Amend KRS 17.500 to include promoting human trafficking involving commercial sexual activity as a criminal offense against a minor if the victim is under 18; amend KRS 156.095 to require public schools to display the National Human Trafficking Reporting Hotline; amend KRS 176.415 to require the Department of Highways to post the hotline number of the National Human Trafficking Resource Center in all rest areas. 38-0 81-0 10-Apr-17

[1] Ky. Const. § 36

 

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