Movie Invite + All Pre-Filed Bill Summaries for Kentucky Legislative Session 2013

Nov 28, 2012

Please join us for a viewing of "Nullification: The Rightful Remedy" this Thursday, November 29, at the Inn on Broadway, 1301 S. Broadway, Lexington. Movie starts promptly at 6:30pm. Mike Maharrey, National Communications Director of the Tenth Amendment Center, will be there to lead discussion following the movie. Please RSVP as space is limited, either via email or on Facebook. See you there!

Here are the summaries of all 38 of the pre-filed bills for Kentucky Legislative Session 2013. If you hold your cursor over the BR#, you will see the HB (House Bill) or SB (Senate Bill) #. (It shows up for me in the lower left hand corner of my screen.) If you click on the BR#, the text of the bill will open in a word document on your computer. To keep a copy on your computer, copy and paste this post into a word doc. All links will stay active.

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BR 8 - Representative Fitz Steele (11/27/12)

A JOINT RESOLUTION designating the bridge on Kentucky Route 3459 in Harlan County in honor and memory of Lester Phillips. Direct the Transportation Cabinet to designate the bridge on Kentucky Route 3459 in Harlan County as the "Lester Phillips Memorial Bridge."

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BR 17 - Representative Mike Harmon (06/08/12) (Blog post on this here.)

AN ACT relating to driving under the influence. Amend various sections in KRS Chapter 189A, relating to driving under the influence, to restructure the existing penalties from a four-tiered structure to a three-tiered structure; expand the look-back window for prior offenses from five years to ten years, and to allow forfeiture of motor vehicles used in a DUI if the operator's license had been previously suspended; amend KRS 281A.2102 to conform. To: Interim Joint Committee on Judiciary

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BR 26 - Senator Denise Harper Angel (06/20/12)

AN ACT relating to dating violence. Amend KRS 403.720 to include persons in dating relationships within the coverage of Kentucky's domestic violence laws. To: Interim Joint Committee on Judiciary

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BR 40 - Representative Arnold Simpson (08/22/12)

AN ACT relating to the sale of alcoholic beverages on election days. Amend KRS 244.290 to permit the sale of distilled spirits and wine on any primary, or regular, local option, or special election day; authorize the legislative body or fiscal court of a first through fourth class city or the legislative body of any form of county government to adopt an ordinance to prohibit or limit the hours and times of distilled spirits and wine sales within its boundaries on any primary, or regular, local option, or special election day; limit the changes regarding election day sales to territories that already allow some form of alcohol sales; forbid the fiscal court of a county containing a first through fourth class city from changing an election day sales decision made by a first through fourth class city within that county; preclude the county from imposing an action on a first through fourth class city if that city has taken no formal action regarding election day sales; amend KRS 244.295 to remove the prohibition against the sale of distilled spirits and wine on a primary or election day in an urban-county government; amend KRS 244.480 to permit the sale of malt beverages on any primary, or regular, local option, or special election day; authorize the legislative body or fiscal court of a first through fourth class city or the legislative body of any form of county government to adopt an ordinance to prohibit or limit the hours and times of malt beverage sales within its boundaries on any primary, or regular, local option, or special election day; establish malt beverage territorial limitations and county government restrictions identical to those for distilled spirits and wine; make technical changes; amend KRS 119.215 to conform; repeal KRS 242.100. To: Interim Joint Committee on Licensing and Occupations

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BR 45 - Representative David Floyd (07/12/12)

AN ACT relating to fire protection services. Create a new section of KRS Chapter 75 to define "city" and "fire district"; grant cities the primary right to provide fire protection services for city territory, subject to certain limitations; create a process for the provision of fire protection services to newly annexed territory; create a formula to determine the proportion of fire district indebtedness owed by the city and allow three years to pay this indebtedness; allow a fire district to continue to provide fire protection services in certain situations if written agreements are entered into with the city; amend KRS 75.010, 75.020, and 75.040 to conform. To: Interim Joint Committee on Local Government

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BR 47 - Senator John Schickel (10/03/12)

A RESOLUTION in honor and loving memory of Duane Ray Skavdahl. Adjourn in honor and loving memory of Duane Ray Skavdahl.

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BR 48 - Senator John Schickel (10/03/12)

A RESOLUTION adjourning the Senate in loving memory and honor of Michael E. Apgar. Adjourn in loving memory and honor of Michael E. Apgar.

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BR 49 - Senator John Schickel (10/03/12)

A RESOLUTION adjourning the Senate in honor and loving memory of Albert "Butch" Arlinghaus. Adjourn in honor and loving memory of Albert "Butch" Arlinghaus.

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BR 50 - Senator Alice Forgy Kerr (09/17/12)

AN ACT relating to violent offenders. Amend KRS 439.3401 to provide that persons convicted of criminal homicide under KRS Chapter 507 shall be classified as a violent offender and subject to mandatory service of time and all applicable restrictions on parole and service credits.

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BR 54 - Representative Dennis Keene (08/14/12)

AN ACT relating to dogs. Amend KRS 258.095 to amend the definition of who qualifies as the owner of a dog to include persons permitting the dog to remain on or about premises owned and occupied by the person. To: Interim Joint Committee on Agriculture

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BR 55 - Senator Perry B. Clark (08/15/12)

AN ACT relating to medical marijuana. Create various new sections of KRS Chapter 218A to establish a comprehensive system for medical marijuana in Kentucky, including provisions for medical verification of need, persons allowed to cultivate, use, and possess the drug, organizations allowed to assist in providing the drug, regulation by the state Department for Public Health, the interaction with state and local governments, including law enforcement, with persons and entities coming within the purview of the Act, and establishing required reporting and review procedures; amend KRS 218A.040 to conform; name the Act the Gatewood Galbraith Medical Marijuana Memorial Act. To: Interim Joint Committee on Judiciary

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BR 64 - Senator Robin L. Webb (10/12/12)

AN ACT relating to controlled substances. Amend KRS 218A.205 to replace the requirement that various medical licensing boards promulgate administrative regulations establishing mandatory prescribing and dispensing standards related to controlled substances with a requirement for the promulgation of recommended guidelines.

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BR 65 - Representative Kim King (08/02/12)

AN ACT relating to legislative procedures for state fiscal measures. Create a new section of KRS Chapter 6 to require roll call votes on any appropriation or revenue raising measure voted upon in the Senate or House or a committee thereof; require identification of appropriation or revenue measures as state fiscal measures by the Director of the Legislative Research Commission, or upon a determination by the Senate or House or a committee of either; require separate votes for appropriations or revenue measures; require committees to vote on appropriation and revenue measures by roll call votes. To: Interim Joint Committee on Appropriations and Revenue

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BR 66 - Representative Kim King (08/02/12)

AN ACT relating to foreign law. Create new sections of KRS Chapter 454 to establish legislative intent that the rights of an individual afforded under the Constitutions of the Commonwealth and the United States take precedence over the application of any foreign law in any judicial or quasi-judicial proceeding; define specific terms; strictly construe waivers of constitutional rights; provide exceptions for corporate entities; prohibit choice of venue outside of the Commonwealth or United States to preserve the constitutional rights of the person against whom enforcement is sought. To: Interim Joint Committee on Judiciary

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BR 68 - Representative Kim King (08/02/12)

AN ACT relating to school notification of persons authorized to contact or remove a child. Create a new section of KRS Chapter 620 to require the Cabinet for Health and Family Services, if the cabinet is granted custody of a dependent, neglected, or abused child, to notify the school in which the child is enrolled of persons authorized to contact the child or remove the child from school grounds. To: Interim Joint Committee on Education

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BR 77 - Representative Arnold Simpson (08/14/12)

AN ACT relating to the angel investor tax credit. Create new sections of Subchapter 20 of KRS Chapter 154 to establish the angel investor tax credit program for certain investments in small businesses; define terms; state Act's title and purposes; list requirements for small businesses and investors to qualify for participation; require the Kentucky Economic Development Finance Authority (KEDFA) to establish the application process; cap the total amount of angel investor and Kentucky Investment Fund Act tax credits available in all years at $40,000,000; require KEDFA to maintain a Web site listing all businesses and investors certified and all credits awarded; require small businesses to report annually and allow for tax credit recapture in certain circumstances; amend KRS 152.20-255 to provide that the total amount of tax credits available in the Kentucky Investment Fund Act program and the angel investor program is $40,000,000 in all years; create a new section of KRS Chapter 141 to establish the credit; amend KRS 141.0205 to provide the ordering of the credit. To: Interim Joint Committee on Appropriations and Revenue

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BR 82 - Senator Dennis Parrett (08/22/12)

AN ACT relating to retirement. Amend KRS 6.505 to close the Legislators' Retirement Plan to new participants effective August 1, 2013; amend KRS 6.515 to increase the cost of purchasing active duty military service to the full actuarial cost in the Legislators' Retirement Plan, to prohibit service purchases made on or after August 1, 2013, from being used to vest for retiree health benefits in the Legislators' Retirement Plan, and to require service purchased on or after August 1, 2013, in the Legislators' Retirement Plan to assume the earliest retirement date and cost-of-living adjustments in determining the appropriate actuarial cost; amend KRS 6.525 to prohibit salary earned in another state-administered system from being used to determine benefits in the Legislators' Retirement Plan if the member does not have service in the other state-administered retirement systems prior to August 1, 2013; amend KRS 61.680 to conform and to make technical amendments; EFFECTIVE August 1, 2013. To: Interim Joint Committee on State Government

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BR 84 - Senator John Schickel (08/23/12)

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BR 88 - Representative Fitz Steele (08/14/12)

AN ACT relating to sales and use tax holidays and declaring an emergency. Create a new section of KRS Chapter 139 to establish a three day sales and use tax holiday the first weekend in August each year to exempt clothing, school supplies, school art supplies, computers, and school computer supplies; EMERGENCY. To: Interim Joint Committee on Appropriations and Revenue

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BR 89 - Representative Fitz Steele (08/29/12)

AN ACT relating to dextromethorphan abuse. Create new sections of KRS Chapter 218A to prohibit any person from possessing one gram or more of pure dextromethorphan or dextromethorphan that has been extracted from solid or liquid form; prohibit sale of products containing dextromethorphan as the only active ingredient to individuals younger than 18; require any person selling a product containing dextromethorphan to require that prospective buyers show a photo ID and sign a document stating the customer is older than 18 before purchase; create an affirmative defense for the retailer if a minor utilizes a fraudulent ID; prohibit individuals younger than 18 from possessing a product that contains dextromethorphan as the only active ingredient; prohibit individuals younger than 18 from misrepresenting their age and from utilizing a fraudulent ID to purchase or obtain dextromethorphan; establish penalties for violation.

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BR 90 - Senator Tom Buford (09/19/12)

AN ACT relating to exemption of religious organizations from the insurance code. Amend KRS 304.1-120, containing exclusions from the insurance code, to delete the religious publication exclusion and substitute a religious organization exemption; require notice for delivery to all participants that sharing of medical expenses is not insurance and establish notice requirements; delete the requirements that payments shall be made directly from one subscriber to another, that subscriber amounts are voluntary with no assumption of risk or promise to pay, and the verbatim disclaimer statement.

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BR 91 - Representative David Floyd (09/04/12)

AN ACT relating to retirement. Create a new Section of KRS 61.510 to 61.705 to prohibit future members of the General Assembly from participating in the Kentucky Employees Retirement System unless they participated in the Kentucky Employees Retirement System as a member of the General Assembly prior to August 1, 2013; allow current members of the General Assembly participating in the Kentucky Employees Retirement System to make a one-time election to discontinue participation; amend KRS 6.505 to close the Legislators' Retirement Plan to new members effective August 1, 2013, and to allow current members of the General Assembly participating in the Legislators' Retirement Plan to make a one-time election to discontinue participation; amend KRS 61.510 and 61.680 to conform.

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BR 92 - Representative David Floyd (09/04/12)

AN ACT relating to retirement. Amend KRS 6.525 to prohibit members of the Legislators' Retirement Plan, who begin contributing on or after August 1, 2013, from using salary earned in another state-administered retirement system or plan to calculate benefits in the Legislators' Retirement Plan; allow members of the Legislators' Retirement Plan contributing to the plan prior to August 1, 2013, to make a one-time election to have their benefits from the Legislators' Retirement Plan based solely on their legislative salary.

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BR 99 - Senator Tom Buford (09/11/12)

AN ACT relating to retirement. Amend KRS 6.505 to close the Legislators' Retirement Plan to new members who take office on or after August 1, 2013; amend KRS 61.510 to close the Kentucky Employees Retirement System to members of the General Assembly who take office on or after August 1, 2013; amend KRS 61.680 to conform.

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BR 103 - Representative Stan Lee (09/24/12)

AN ACT relating to abortions. Create a new section of Subtitle 17A of KRS Chapter 304 to define "health benefit exchange" and "small employer" for the purposes of health benefit exchange group health plans; prohibit abortion coverage by a qualified health benefit plan through a health benefit exchange in accordance with the opt-out provision of the federal Patient Protection and Affordable Care Act; amend KRS 304.5-160 to conform; amend KRS 311.800 to provide that the amendments to KRS Chapter 304 contained in this Act shall not limit or amend the provisions of this statute, which shall remain in full force and effect.

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BR 139 - Representative Mary Lou Marzian (11/27/12)

A CONCURRENT RESOLUTION urging the United States Congress to propose an amendment to the Constitution of the United States of America to establish reasonable limits on contributions and expenditures in political campaigns and to prohibit contributions and expenditures in political campaigns by persons or groups that are not citizens of the United States of America. Urge Congress to propose an amendment to the Constitution of the United States of America to establish reasonable limits on contributions and expenditures in political campaigns and to prohibit noncitizen contributions and expenditures.

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BR 149 - Representative Brent Yonts (09/19/12)

AN ACT relating to non-felony expungements. Amend KRS 431.078, relating to expungement of misdemeanor and violation arrest records, to clarify that the term "violation" as used in that statute has the same meaning as set out in the Kentucky Penal Code.

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BR 159 - Representative Julie Raque Adams (10/24/12)

AN ACT relating to shock probation. Amend KRS 439.265, relating to shock probation, 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; permit the victim's next of kin to ask the court to permit shock probation.

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BR 166 - Representative Jesse Crenshaw (10/01/12)

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 allow persons convicted of a felony other than treason, intentional killing, a sex crime, or bribery the right to vote after expiration of probation, final discharge from parole, or maximum expiration of sentence; submit to the voters for ratification or rejection.

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BR 167 - Representative Steve Riggs (10/05/12)

AN ACT relating to retirement benefits for legislators. Amend KRS 6.505 to close the Legislators' Retirement Plan to legislators who have not previously participated in the plan and who begin their first term of office on or after the effective date of the Act; amend KRS 6.520 to provide that retirement benefits in the Legislators' Retirement Plan shall be based upon the legislator's highest 5 years of salary rather than his or her highest 3 years of salary; amend KRS 6.525 to prohibit salary earned in another state-administered system from being used to determine benefits in the Legislators' Retirement Plan if the member does not have service in the other state-administered retirement systems prior to the effective date of the Act; limit the use of salary credited to other retirement systems in calculating benefits in the Legislators' Retirement Plan if the member does have service in the other state-administered systems prior to the effective date of the Act; create new sections of KRS Chapter 6 to establish the Legislators' Defined Contribution Plan for legislators who begin their first term of office on or after the effective date of the Act; provide that the plan shall be administered by the Kentucky Deferred Compensation Authority; allow the authority to utilize plans already established or to establish new plans to administer the Legislators' Defined Contribution Plan; provide an employer match of up to 5 percent of the legislator's wages; provide that a legislator participating in the plan shall be vested for employer contributions on a sliding scale that fully vests the legislator for the employer contributions at six years; provide that the benefits under the Legislators' Defined Contribution Plan shall not constitute an inviolable contract of the Commonwealth; amend KRS 18A.245 to establish responsibilities of the board of the Kentucky Deferred Compensation Authority to administer the Legislators' Defined Contribution Plan; amend KRS 61.510, governing the Kentucky Retirement Systems, to clarify that a legislator who begins his or her first term of office on or after the effective date of the Act shall not participate in these plans as a result of service in the General Assembly; amend KRS 61.680 to conform.

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BR 168 - Representative Ron Crimm (09/28/12)

AN ACT relating to retirement. Amend KRS 6.525 to prohibit salary earned in another state administered system from being used to determine benefits in the Legislators' Retirement Plan if the member does not have service in the other state-administered retirement systems prior to August 1, 2013.

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BR 176 - Representative Linda Belcher ()

AN ACT relating to reemployment after retirement. Amend KRS 61.637 to provide that local school districts shall not be required to reimburse Kentucky Retirement Systems for retiree health care premiums on reemployed retirees who work less than 80 days a year.

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BR 219 - Representative Darryl T. Owens (10/25/12)

AN ACT relating to information used in redistricting. Create a new section of KRS Chapter 196 to require the Department of Corrections to create and maintain a database of information on incarcerated persons, including last known address, and to report that information to the Legislative Research Commission following the decennial census; amend KRS 7.550 to require the Legislative Research Commission to receive prisoner population data, including last known address, from the Department of Corrections and to request the same information from federal facilities, and to allocate prisoners to their last known address; create a new section of KRS Chapter 5 to require that the adjusted prisoner population data be used in redistricting Kentucky's Senatorial and Representative districts; create a new section of KRS Chapter 118B to require that the adjusted prisoner population data be used in redistricting Kentucky's Congressional districts.

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BR 220 - Senator Jimmy Higdon (11/08/12)

AN ACT relating to preschool for children with disabilities. Amend KRS 157.226 to count the average number of identified children with disabilities on December 1 and March 1 of the prior academic year to calculate preschool funding.

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BR 233 - Representative Jim Wayne (10/31/12)

AN ACT relating to public financing for judicial campaigns and making an appropriation therefor. Create new sections of KRS Chapter 118A to establish the clean judicial elections fund; define terms; establish fund to distribute transfers to certified judicial candidates; provide that the Kentucky Registry of Election Finance administer the fund and promulgate necessary administrative regulations; designate that moneys in the fund be invested in accordance with regulations developed by the State Investment Commission; require the registry to publish information about campaign expenditures in the judicial campaigns of the previous year; establish requirements to be designated a certified judicial candidate and gain access to the fund; provide guidelines for distribution of funds to certified judicial candidates; direct that judicial review of any final action of the registry be expedited by the court; provide for a civil penalty up to $10,000 for an actual violation of these provisions, and a Class D felony for any knowing violation of these provisions; create a new section of KRS Chapter 141 to provide that a person entitled to a state tax refund may designate on their income tax return an amount to be credited to the fund; amend KRS 21A.140 to permit the Supreme Court to allow members of the Kentucky Bar Association to contribute to the clean judicial elections fund with their bar dues; EFFECTIVE JANUARY 1, 2014.

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BR 241 - Representative Jim DeCesare (10/31/12) (Blog post on this here.)

AN ACT relating to designating a surrogate on a living will directive. Amend KRS 311.625 to add that an employee, owner, director, or officer of a health care facility where a grantor is a resident or patient may be designated or act as surrogate if the person is a member of the same fraternal order.

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BR 263 - Senator John Schickel (11/27/12)

A RESOLUTION adjourning the Senate in honor and loving memory of Margot E. Cahill. Adjourn in honor and loving memory of Margot E. Cahill.

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BR 276 - Representative Ben Waide (11/27/12)

AN ACT relating to student writing. Amend KRS 156.160 to direct the Kentucky Board of Education to promulgate administrative regulations to require that, by the beginning of the 2014-2015 school year, students entering the fifth grade be proficient in the use of cursive writing; amend KRS 158.645 to conform.

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Links to all the bills on the LRC website here: 8, 17, 26, 40, 45, 47, 48, 49, 50, 54, 55, 64, 65, 66, 68, 77, 82, 84, 88, 89, 90, 91, 92, 99, 103, 139, 149, 159, 166, 167, 168, 176, 219, 220, 233, 241, 263, 276

KY Stands Up

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