2017 New Kentucky Legislation
Unless otherwise indicated, new statutes are effective as of June 29, 2017. A full summary of all new legislation is available at DOCJT.
SENATE BILLS
SB 3 Public Sector Retirement (EMERGENCY)
Under specific circumstances, a member of the public may obtain information concerning the retirement benefits of a KERS/CERS member.
SB 32 Drug Conviction Data
The Administrative Office of the Courts will send data to the KASPER system concerning individuals convicted within the previous five years of felony and Class A misdemeanors that involve KRS 218A offenses, to allow queries by patient name to receive that information.
SB 42 Assault
Amends KRS 431.005 to allow arrests for misdemeanor assaults anywhere on the premises of a hospital, including the parking lots.
SB 73 Autocycles
Creates a new category of vehicles, an autocycle. An autocycle is registered as a motorcycle, but neither headgear nor a motorcycle license is required.
SB 91
SB 91 Court-Ordered Mental Health Treatment
Allows officers (and others) to file a petition for court-ordered outpatient mental health treatment. A sheriff (or other peace officer) may be ordered to transport for an examination or the individual may be summoned for examination, and if they fail to appear, may then be ordered transported.
SB 120 Corrections
Allows arrest on nonpayment of fines. Excepts law enforcement personnel from provisions that prohibit a professional/occupational license from being denied for a criminal offense.
SB 176 Military Surplus Vehicles
Allows the registration of military surplus vehicles by the general public. Certified inspectors should see the vehicle (with title and supporting documents) prior to registration by the county clerk. A separate inspection form may be created by the Department of Transportation.
SB 189 Operator’s Licenses
Allows for notations on Kentucky operator licenses that bearer is deaf or hard of hearing. It is optional for the driver to do so.
SB 195 Juvenile Expungement
Creates process for expungement (under certain circumstances) of a juvenile record. The expungement serves to vacate underlying adjudication.
SB 224
SB 224 Civil Litigation / Sexual Abuse
Allows for civil litigation for adult victims of sexual abuse and redefines injury/illness to cover physical and psychological injuries for the purposes of this statue only. It establishes a five-year statute of limitations. No underlying criminal action is necessary.
HOUSE BILLS
HB 1 Right to Work (EMERGENCY)
Prohibits requiring employees to join any form of collective bargaining unit for employment. However, no strikes or work stoppages are permitted by public employees.
HB 14 Hate Crimes
Allows enhancement of a penalty when a peace officer, firefighter or EMS crew member is assaulted on duty.
HB 26 Sheriffs
Repeals the provision that sheriffs are to visit and inspect dance halls and roadhouses.
HB 38
HB 38 Sex Offenders
Prohibits sex offenders from residing within 1,000 feet or being in a publicly-owned playground without specific permission.
HB 67 Autopsy Records
Prohibits the release of autopsy images except under specific circumstances.
HB 74 Blue Lighting
Requires headlamps to emit only a white light. Some amber, yellow or bluish tint is allowed, if original equipment. Prohibits any covers or film that will change the color of the headlamp. Any solid blue lights or lighting are prohibited.
HB 93
HB 93 Service Animals
Amends Assault on a Service Animal to allow for a felony if the animal is seriously injured, even if it is able to return to service. This does not include Assistance Animals as described in KRS 258.500.
HB 112 Dogs
Extends the status of ownership of a dog to include when someone permits the animal to remain on or about premises leased or occupied by that individual.
HB 144 Motor Vehicle
Requires slow passage around stopped waste-collection vehicles.
HB 158 Controlled Substances
Requires drugs to be scheduled in the same way it is done in the federal Controlled Substances Act – but allows the Cabinet for Health and Family Services to seek a higher classification if appropriate. Includes a discussion of definition of anabolic steroids.
HB 174 Overweight Vehicles (Feed)
Allows a 10 percent overage for state roads for vehicles hauling feed for livestock or poultry.
HB 184 Overweight Vehicles (Metal)
Requires permits for vehicles hauling metal commodities when the weight is between 80,001 and 120,000. Increases height permitted for car carriers to 14 feet.
HB 192 Foster Youth License
Sets requirements to allow a foster child to obtain an operator’s license.
HB 200 Animals (Horses)
Allows for restitution of expenses incurred when horses are abandoned (food, shelter, veterinary care, etc.)
HB 215 Vehicle-Accident Reports
Clarifies that news-gathering organizations may be provided information on motor-vehicle accidents. Defines news-gathering organizations.
HB 222 Shock Probation
Eliminates shock probation for individuals convicted of Manslaughter or the equivalent degree of Fetal Homicide.
HB 225 Peace Officer Jurisdiction
The U.S. Mint Police have been added to the list of federal peace officers with some degree of state peace officer jurisdiction.
HB 265 Overdimensional Vehicles (EMERGENCY)
Defines the term “nondivisible loads.”
HB 314
HB 314 Controlled Substance Monitoring
Requires medical practitioners to report the dispensing of Schedule II at any licensed facility and any Schedule II through V substances through the ER, but Schedule III through V is only required if the amount would cover more than a 48-hour dosage. Allows federal prosecutors to get KASPER information. Allows data to be used to review birth mothers whose babies have neonatal abstinence syndrome.
HB 333 Controlled Substances
Adds definitions for Fentanyl, Fentanyl derivatives and Carfentanil to KRS 218A. Provides for possession of industrial hemp in defined circumstances. Adds any quantity of the same substances to KRS 218A.1410 (Previously Importing Heroin) and adds the same substances (and heroin) to Trafficking 1st degree. Defines quantity of the same substances needed for the charge of Aggravated Trafficking.
HB 337 Employment Contracts
Eliminates prorating of peace-officer contracts. This applies only to contracts entered into after the effective date of the statute.
HB 378 Accident Reports
Provides for OSHA to obtain free motor-vehicle accident reports when appropriate.
HB 404 Commercial Delivery Vehicles
Allows for the use of low-speed vehicles, golf carts and utility vehicles for the purpose of delivering packages and express mail.
HB 410 Real ID (DELAYED ENACTMENT, January 1, 2019)
Changes the process of obtaining operator’s licenses in compliance with Real ID mandates. Provides for issuance of IDs to felony offenders upon release. Provides for issuance of voluntary child ID cards. Allows some military licenses to be issued without photographs. Military members have up to 90 days upon return from deployment to renew operator’s license. Veterans may request veteran status to be denoted on operator’s license. All IDs covered under this law may be issued as a document that may, or may not, be used for federal-identification purposes to obtain voluntary travel ID status – passport, certified birth certificate or permanent resident documentation. Operator’s licenses and personal-identification cards shall be valid for eight years.
HB 417 Law Enforcement Concealed Carry
Creates a criminal penalty when an individual or business interferes with an off-duty or retired officer (carrying under LEOSA).
HB 524 Human Trafficking
Adds Promoting Human Trafficking to the list of offenses in KRS 17.500. Adds a more detailed definition to serious physical injury in KRS 500.080 when a child 12 and under is involved.
HB 540 Aviation Safety
Creates definitions related to unmanned aircraft (unmanned aerial vehicles/drones). Allows certain commercial airports to create unmanned aircraft facility maps. Criminalizes flying UAVs in designated areas.
