2019 Legislative Summary

 

2019 Kentucky General Assembly

May 1, 2019.  Each year, the Office for Policy Studies on Violence Against Women releases a summary of legislation passed by the Kentucky General Assembly that directly or indirectly impacts women and children who have faced intimate partner violence, sexual assault, stalking, or child maltreatment.  This annualized release provides a summary of the 2019 legislative session.

2019 General Assembly: Legislation by Chamber
BILL NUMBER SPONSOR(S) BILL TITLE BILL SUMMARY SENATE VOTE HOUSE VOTE GOV'S SIGNATURE
Senate
SB 1 Senators Max Wise (R)(16), R. Alvarado, D. Carroll, C.B. Embry Jr., R. Girdler, A. Kerr, R. Mills, J. Turner, S. West, M. Wilson  AN ACT relating to school safety and declaring an emergency. The bill, considered the priority of the Senate and House, amends KRS 158.441 to amend the definition of school resource officer and include definitions of school safety and school security; amend KRS 158.442 to include development and implementation of a school safety coordinator training program; specify membership on the Center for School Safety board of directors; amend KRS 158.443 to specify the board of directors is to appoint an executive director, establish all positions of the center, approve a school security risk assessment tool, review the organizational structure of the center and make recommendations; create a new section of KRS Chapter 158 to establish the state school security marshal to be appointed by and report to the Department of Criminal Justice Training; require the marshal to report annually to the Center for School Safety; require development of a school security risk assessment tool; require reporting by school superintendents on completion of the risk assessment annually; require mandatory additional staff training if the risk assessment is not completed; create a new section of KRS Chapter 158 to require school district superintendents to appoint a school safety coordinator; require the school safety coordinator to complete training within six months of appointment; require the coordinator to designate threat assessment teams at each school in the district; require the coordinator to formulate policies and procedures for an all-hazards approach to school safety; require the coordinator to ensure that all school campuses in their district are toured at least once per school year; create a new section of KRS Chapter 158 to promote the assignment of a school resource officer to each school; require the Kentucky Law Enforcement Council to promulgate administrative regulations to establish school resource officer training and course curriculum; require superintendents to report annually to the Center for School Safety the number and placement of school resource officers in the district; amend KRS 15.330, 15.380, 15.420, 15A.063, 61.900, and 209A.020 to conform; amend KRS 15.450 to include the salary and associated expenses of the state school security marshal in the funds reimbursable to the Justice and Public Safety Cabinet from the Law Enforcement Foundation Program; amend KRS 158.162 to require all districts to restrict the access to each school building by July 1, 2022; withhold approval of new building construction or expansion without compliance; amend KRS 156.095 to require suicide prevention awareness information be provided to students in person, by live streaming, or via video recording; require suicide training provided to staff include the recognition of signs and symptoms of mental illness; require staff with job duties requiring direct contact with students to receive a minimum of one hour of training annually on responding to an active shooter; create a new section of KRS Chapter 158 to define school counselor and trauma-informed approach; direct all schools to adopt a trauma-informed approach to education; require by July 1, 2021 or as funds and qualified staff become available, each school district to provide a school counselor for each two hundred fifty students; require by January 1, 2020, the Department of Education make available a tool kit to assist school districts in developing a trauma-informed approach; require by July 1, 2021, each local board of education to develop a plan for implementing a trauma-informed approach; amend KRS 70.062 to encourage sheriffs to collaborate with local school districts on policies and procedures for communicating instances of student-involved trauma; amend KRS 95.970 to encourage chiefs of police to collaborate with local school districts on policies and procedures for communicating instances of student-involved trauma; create a new section of KRS Chapter 16 to encourage the Department of Kentucky State Police to work with school districts pertaining to school and student safety and emergency response plans for communicating instances of student involved trauma; amend KRS 508.078 to include in terroristic threatening in the second degree making false statements by any means for the purpose of causing evacuation, cancellation, or creating fear of serious bodily harm in schools or among students, parents, or school personnel; create a new section of KRS Chapter 158 to require the Department of Education make available to each school district an anonymous reporting tool; allow the reporting individual to stay anonymous; require information reported to be immediately sent to administration of each school district and law enforcement agency affected; require the Department of Education develop and provide a comprehensive training and awareness program on the anonymous reporting tool; create a new section of KRS Chapter 158 to require principals to provide each school year written notice to all students, parents, and guardians of the provisions of KRS 508.078 and potential penalties under KRS 532.060 and 534.030; create a new section of Chapter 158 to allow the board of directors of any public school district foundation to accept gifts or donations restricted for school safety and security purposes and use them exclusively for the purpose granted; encourage the organization of foundations to support public school districts for which no foundation exists; Act shall be known as the School Safety and Resiliency Act; direct the Office of Education Accountability to conduct a study on the use of guidance counselors' time in schools. 37-0 96-3 3/11/2019
SB 9 Senators Matt Castlen (R)(8), Whitney Westerfield, R. Alvarado, J. Carpenter, D. Carroll, C. Embry Jr., R. Girdler, E. Harris, J. Higdon, P. Hornback, S. Meredith, R. Mills, A. Robinson, J. Schickel, W. Schroder, D. Seum, B. Smith, D. Thayer, M. Wilson, M. Wise  AN ACT relating to abortion and declaring an emergency. The bill creates a new sections of KRS Chapter 311 to require a person who intends to perform an abortion to determine whether the unborn human individual has a detectable fetal heartbeat; prohibits a person from performing an abortion before determining whether the unborn human individual has a detectable fetal heartbeat; prohibits a person from performing an abortion after the detection of a fetal heartbeat; provides exceptions for medical emergencies; requires documentation of whether an abortion was performed to preserve the health of the pregnant woman; specifies that nothing in the Act restricts access to contraceptives; allows a woman to file a civil action for the wrongful death of her unborn child; requires the Cabinet for Health and Family Services to inspect the medical records of a facility that performs abortions to ensure compliance with reporting requirements; permits the Attorney General to apply to a state or federal court for a declaration that the Act's provisions are constitutional, or an order lifting an injunction if one exists, if federal abortion law changes; amends KRS 311.595 to allow the Kentucky Board of Medical Licensure to suspend or revoke the license of any physician for violations; amends KRS 311.990 to establish criminal penalties for violations; amend KRS 213.101 to expand the statistical reporting system for abortions; allow for severability; EMERGENCY. 31-6 71-19 3/15/2019
SB 18 Senators Alice F. Kerr (R)(12), J. Adams, C. Embry Jr., D. Harper Angel, P. Hornback, M. McGarvey, S. Meredith, W. Schroder, R. Thomas, R. Webb  AN ACT relating to pregnancy-related accommodations. The bill amends KRS 344.030 to include within the definition of "reasonable accommodation" accommodations made for pregnancy, childbirth, and related medical conditions; defines "related medical condition"; amends KRS 344.040 to make it unlawful for an employer to fail to accommodate an employee affected by pregnancy, childbirth, or a related medical condition; requires employers to provide notice to all employees regarding the right to be free from discrimination for pregnancy, childbirth, and related medical conditions. 25-7 87-5 4/9/2019
SB 22 Senators Ralph Alvarado (R)(28), S. Meredith  AN ACT relating to the Interstate Medical Licensure Compact. The bill amends KRS 314.011 to allow designated advanced practice registered nurses certified in psychiatric-mental health nursing to prescribe up to two sequential refills for a 30 day supply of psychostimulants; amends KRS 314.042 to remove the one-year practice requirement before an APRN may prescribe controlled substances under a CAPA-CS; establish conditions for an APRN to prescribe controlled substances without a CAPA-CS after four years of controlled substance prescribing authority under a CAPA-CS; require an APRN whose license is in good standing to notify the nursing board when he or she will be prescribing without a CAPA-CS; prohibit any attempt to require or compel an APRN to maintain a CAPA-CS to prescribe after the four year threshold; exempt an equivalently qualified out-of-state APRN from the CAPA-CS requirement to prescribe under licensure by endorsement; requires an APRN with less than four years of prescribing controlled substances to maintain a CAPA-CS until the four years are completed; creates a new section of KRS 218A to establish a Prescribing Boards Advising Council. 36-0 88-5 3/25/2019
SB 50 Senators Robby Mills (R)(4), D. Carroll, M. Castlen, C. Embry Jr., S. Meredith, D. Thayer, M. Wilson, M. Wise  AN ACT relating to abortion. The bill amends current Kentucky law to add that information on the potential ability of a physician to reverse the effects of prescription drugs for the induction of abortion be provided with each prescription; require that potential abortion complications be reported to the Vital Statistics Branch; and amends KRS 311.725 to require that physicians verbally inform women on potential ability of a physician to reverse the effects of prescription drugs for the induction of abortion. 30-6 79-15 3/26/2019
SB 57 Senator Jimmy Higdon (R)(14) AN ACT relating to expungement and making an appropriation therefor. The bill amends KRS 431.073 to allow discretionary expungement of Class D felonies with a ten-year waiting period; amends KRS 431.076 to allow a person against whom charges have been dismissed with or without prejudice to petition for expungement; sets time limits for filing petitions; amends KRS 431.079 to require a certificate of eligibility only if a petition or application seeks expungement of a conviction; create a new section of KRS Chapter 431 to create an expungement fund and specify distribution of money from the fund; PROVIDES AN APPROPRIATION. The final version also excludes expungement of violations of KRS189a.010 or 508.032; excludes expungement of offenses in breach of public office; allows Commonwealth's Attorneys to reject grossly incomplete applications; establishes findings that applicant must prove by clear and convincing evidence before expungement is granted; and requires the person pose no significant threat of recidivism. 36-1 95-1 3/26/2019
SB 70 Senators Alice Forgy Kerr (R)(12), T. Buford, M. McGarvey  AN ACT relating to strangulation. The bill creates a new section of KRS Chapter 508 to create the crime of strangulation; provides that strangulation is a Class D felony; amends KRS 403.720 to include the offense of strangulation as one of the offenses considered domestic violence and abuse; amends KRS 456.010 to include the offense of strangulation as one of the offenses considered dating violence and abuse; and amends KRS 456.020 to conform. 35-1 96-0 3/26/2019
SB 92 Senators Denise Harper Angel (D)(35), R. Thomas, W. Westerfield  AN ACT relating to sexual violence training. The bill creates training requirements for sexual violence awareness and for pediatric abusive head trauma, to one hour every two years. 37-0 99-0 3/25/2019
SB 97 Senators Denise Harper Angel (D)(35), W. Westerfield, J. Adams, D. Carroll, A. Kerr, M. McGarvey, D. Parrett, W. Schroder, R. Thomas, R. Webb  AN ACT relating to sexual assault forensic evidence kits. The bill amends KRS 16.132 to require the Kentucky State Police to create a tracking system for sexual assault forensic evidence kits. 35-0 99-0 3/22/2019
SB 121 Senator Danny Carroll (R)(2) AN ACT relating to peace officer training. The bill amends KRS 15.334 to allow the Kentucky Law Enforcement Council to promulgate administrative regulations regarding the deadlines for attending mandatory in-service trainings by certified peace officers; updates the number of officers trained in sexual assault investigation an agency must maintain depending on the size of the agency; and amends KRS 15.386 to update the definition of "precertification status." 37-0 99-0 3/22/2019
SB 131 Senator Danny Carroll (R)(2) AN ACT relating to DNA evidence. The bill amends KRS 524.140 to define "biological evidence"; to limit the applicability of requirements for retention of evidence; and to allow retention of representative samples of items containing biological evidence. 37-0 97-1 3/25/2019
SB 150 Senators Brandon Smith (R)(30), D. Thayer, R. Alvarado, M. Castlen, C. Embry Jr., P. Hornback, S. Meredith, R. Mills, J. Schickel, W. Schroder, D. Seum  AN ACT relating to carrying concealed weapons. The bill creates a new section of Chapter 237 to allow concealed deadly weapons to be carried by persons age 21 and over without a license in same locations where concealed carry license holders may carry them; amends KRS 527.020 and KRS 237.115 to conform. 29-8 60-37 3/11/2019
SB 155 Senator David Givens (R)(9) AN ACT relating to abuse of a corpse. The bill amends KRS 525.120 as it relates to the abuse of a corpse to provide that treating a corpse in a disrespectful manner is a Class A misdemeanor and treating a corpse in a way that would outrage ordinary family sensibilities is a Class D felony. 35-1 99-0 3/25/2019
House of Representatives
HB 5 Representatives Melinda Prunty (R)(15), N. Tate, L. Bechler, D. Bentley, J. Blanton, K. Bratcher, R. Brenda, R. Bridges, J. DuPlessis, L. Elkins, J. Fischer, D. Frazier, C. Freeland, C. Fugate, R. Goforth, D. Hale, M. Hart, R. Heath, R. Huff, T. Huff, K. King, S. Lee, S. Lewis, S. Maddox, C. Massey, D. Meade , T. Moore, D. Osborne, P. Pratt, B. Reed, B. Rowland, S. Santoro, S. Sheldon, J. Sims Jr, W. Thomas, J. Tipton, T. Turner, R. Webber  AN ACT relating to the human rights of unborn children to not be discriminated against and declaring an emergency. The bill creates a new section of KRS Chapter 311 to prohibit an abortion if the pregnant woman is seeking the abortion, in whole or in part, because of an unborn child's sex, race, color, national origin, or disability, except in the case of a medical emergency; requires physicians to certify a lack of knowledge that the pregnant woman's intent to seek an abortion was, in whole or in part, because of an unborn child's sex, race, color, national origin, or disability; requires the State Board of Medical Licensure to revoke a physician's license to practice medicine if the physician violates the prohibition; provides that the Cabinet for Health and Family Services shall revoke the license of any person, including a licensed abortion facility, that violates the prohibition; provides that a physician who violates the prohibition is civilly liable; allow for severability; to amend KRS 311.595 to allow the State Board of Medical Licensure to suspend or revoke the license of any physician who violates the prohibition; amends KRS 311.725 regarding informed consent for abortions to notify pregnant women of the prohibition; amends KRS 311.990 to provide that a person who violates the prohibition is guilty of a Class D felony; amends KRS 213.101 to conform; amends KRS 413.140 to provide a one-year statute of limitations for civil actions arising from a violation of the prohibition; EMERGENCY. 32-4 67-25 3/19/2019
HB 130  Representatives James Tipton (R)(53), R. Rothenburger, D. Bentley, J. Blanton, C. Fugate, D. Hale, K. King, K. Moser, D. Osborne, J. Petrie, P. Pratt, M. Prunty, D. St. Onge  AN ACT relating to terroristic threatening. The bill amends KRS 508.078 to raise the penalty for terroristic threatening in the second degree to a Class C felony when the person engages in substantial conduct to prepare for or carry out the threatened act and to specify that the provisions of KRS 6.945(1) do not apply. 35-2 97-0 3/26/2019
HB 132 Representatives Michael Meredith (R)(19), R. Rothenburger, T. Branham Clark, J. Jenkins, C. Massey, J. Petrie, M. Prunty, S. Santoro  AN ACT relating to violent offenders. The bill amends KRS 439.3401 (the violent offender statute) to provide that any person convicted of manslaughter in the second degree, reckless homicide, or criminal attempt to commit murder of clearly identifiable emergency medical services personnel shall serve at least 85 percent of the sentence before probation or parole. 37-0 96-0 3/26/2019
HB 148 Representatives Joseph Fischer (R)(68), N. Tate, L. Bechler, J. Blanton, A. Bowling, K. Bratcher, R. Bridges, M. Dossett, J. DuPlessis, L. Elkins, D. Elliott, D. Frazier, C. Freeland, C. Fugate, R. Goforth, D. Hale, M. Hart, R. Heath, R. Huff, T. Huff, K. King, M. Koch, S. Lee, S. Lewis, S. Maddox, C. Massey, B. McCool, C. McCoy, D. Meade , T. Moore, K. Moser, J. Petrie, P. Pratt, M. Prunty, B. Reed, S. Riley, R. Rothenburger, B. Rowland, S. Rudy, S. Santoro, S. Sheldon, D. St. Onge, J. Stewart III, W. Thomas, J. Tipton, T. Turner, R. Webber  AN ACT relating to abortion. The bill creates a new section of KRS Chapter 311 to provide that if the United States Supreme Court reverses Roe v. Wade, or if an amendment is adopted to the United State Constitution restoring state authority to prohibit abortion, no person shall knowingly administer to, prescribe for, procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being and no person shall use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being; to provide that any person who violates the prohibition is guilty of a Class D felony; provide an exemption for a licensed physician to perform a medical procedure necessary in reasonable medical judgment to prevent the death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman; to specify that this Act shall also be effective to the appropriation of Medicaid funds that set forth the limited circumstances in which states must fund abortion to remain eligible to receive federal Medicaid funds; provide that this Act may be cited as the Human Life Protection Act. 32-5 69-20 3/26/2019
HB 158 Representatives David Meade (R)(80) , L. Bechler, D. Graham, J. Graviss, R. Huff, J. Jenkins, C. Massey, K. Moser, D. Osborne, M. Prunty, L. Willner  AN ACT relating to child welfare and declaring an emergency. The bill creates a new section of KRS Chapter 199 to require national and state background checks of staff members of child-caring facilities and child-placing agencies in Kentucky as newly required by federal law; amends KRS 199.011 to update the definition of "voluntary and informed consent" as it relates to adoption; amends KRS 199.505 to establish a beginning timeframe related to searches of the Kentucky putative father registry that corresponds to the date on which the statute became effective following its enactment in 2018; creates a new section of KRS Chapter 620 to establish a foster child bill of rights; amends KRS 620.020 to establish definitions for "position of authority" and "position of special trust"; amends KRS 620.030, relating to reports of abuse or neglect of a child that may or may not involve fictive kin, persons in a position of authority, or persons in a position of special trust; amends KRS 620.040, relating to reports of abuse or neglect of a child that may or may not involve fictive kin, persons in a position of authority, or persons in a position of special trust; amend KRS 620.180 to require case reviews for court approval 60 days after a child has been placed in a qualified residential facility to ensure the Commonwealth is in compliance with federal law. 36-0 94-1 3/19/2019
HB 328 Representative Richard Heath ( )(2) AN ACT relating to firearms on school property. The bill amends KRS 527.070 prohibiting possession of weapons on elementary and secondary school property to specify that the vehicle exception for adults shall not apply to pupils of a secondary school. 37-0 93-2 3/26/2019
HB 342 Representative Sidney Sheldon (R)(17) AN ACT relating to electronic prescribing of controlled substances. Create a new section of KRS Chapter 218A to require that all prescriptions for controlled substances be submitted electronically except for certain conditions; require the Cabinet for Health and Family Services to promultate administrative regulations; EFFECTIVE January 1, 2021. 37-0 98-0 3/26/2019
HB 356 Representatives Matthew Koch (R)(72),  T. Moore  AN ACT relating to student residency. The bill amends KRS 164.2844 to prohibit an Armed Forces member, spouse, or dependent who is determined to be a Kentucky resident at the time of acceptance into a public postsecondary institution from losing residency status if the member is transferred on military orders prior to enrollment or while the student is enrolled. 37-0 95-0 3/25/2019
HB 378 Representatives David Meade (R)(80) ,  J. Jenkins,  J. Graviss,  D. Osborne,  M. Prunty,  C. Stevenson   AN ACT relating to youth homelessness The bill amends KRS 156.160 to establish educational coursework completion alternatives for students who are homeless children or youth; amends KRS 213.141 to establish that homeless individuals under the age of 25 shall not have to pay a fee to get a copy of their birth certificate; and creates a new section of KRS 200.501 to 200.509 to establish provisions for a qualified mental health professional to provide a transition-age youth who has a behavioral health need and who is an unaccompanied youth with screening, diagnosis, and treatment for behavioral health needs.                                                                   37-0 91-0 3/26/2019

 

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