Please be sure to pass this along far and wide to all your contacts as we need as many phone calls generated on the following bills as possible. The number to call to leave a message for your legislator is 1-800-372-7181. Even if you do not know who they may be the very nice folks at the call center can help with that.
When leaving a message it is generally best to make it short and sweet such as “Please support / oppose bill number ####.” That is all it takes. Ask co-workers, family friends, relatives, etc… to do the same. For those new to this list if a bill number starts with a HB it is a House Bill and SB is a Senate Bill.
Please call or be aware of the following bills being considered during this session of the Kentucky Legislature. The items in italics are comments from me about the particular bills as to why we either support or oppose these pieces of legislation.
Bills to Support
(This bill is an enhanced penalties bill which would increase penalties for people who say “I just didn’t see ‘em officer.” Motorcyclists are included in the list of vulnerable users. Time to bring to light the number of cagers who violate our right of way and hold them more accountable. Please ask your Representative to become a co-sponsor of this bill.)
HB 137/LM/CI (BR 207) – K. Flood
AN ACT relating to users of the public roadway. Create a new section of KRS Chapter 189 prohibiting the operation of a motor vehicle in a manner that causes a collision and serious physical injury or death to a vulnerable user of a public roadway; establish definition of “vulnerable user of a public roadway”; establish penalties for violation; permit persons convicted to petition to enter a community labor program and attend a traffic safety course in lieu of penalties; direct the Transportation Cabinet to promulgate administrative regulations to implement the traffic safety program; amend KRS 27A.060 to conform.
Jan 11-introduced in House Feb 5-to Transportation (H)
HB 294 (BR 1283) – T. Mills
AN ACT relating to operators’ licenses. ?Amend KRS 189.990, regarding penalties for traffic violations, to require the Transportation Cabinet to assess 3 penalty points against the driving history record of an individual upon conviction of a violation of KRS 189.292, regarding texting while driving, or KRS 189.294, prohibiting the use of cell phones by minor drivers.
Feb 8-introduced in House
(This is more a convenience bill to allow folks to be able to deal directly with the DOT if that is easier than working with their county clerk for whatever reason.)
HB 219 (BR 971) – J. Stewart III, B. Waide, J. Carney
AN ACT relating to rebuilt title applications. Amend KRS 186.115 to require the Transportation Cabinet to accept rebuilt title applications in Frankfort.
Feb 5-introduced in House Feb 6-to Transportation (H) Feb 7-posted in committee
(We are talking to the sponsor of this bill to see if he is agreeable to specifically mention motorcycles in this bill as to allow them to proceed through a red light that does not sense them. This is to help address traffic signals that don’t pick up motorcycles.)
SB 58/LM (BR 392) – W. Westerfield
AN ACT relating to the operation of a motor vehicle. Amend KRS 189.338, regarding traffic signals, to treat an intersection with a completely inoperable traffic signal as a four way stop.
Feb 5-introduced in Senate Feb 7-to Transportation (S)
HJR 32 (BR 853) – S. Lee
Declare state sovereignty over powers not given to the federal government by the United States Constitution; demand that the federal government cease mandates beyond constitutionally delegated powers; prohibit federal legislation requiring state passage of laws under threat of penalties or sanctions; direct the Clerk to distribute copies of the Resolution.
Jan 11-introduced in House Feb 5-to Elections, Const. Amendments & Intergovernmental Affairs (H)
(Considering that fact most folks have a cell phone or smart device of some type with them when travelling this seems like a worthwhile item so you don’t have to put all your cards and such in a plastic baggie when travelling.)
HB 164 (BR 936) – R. Damron
AN ACT relating to proof of motor vehicle insurance. Amend KRS 304.39-117 to authorize the use of proof of motor vehicle insurance in an electronic format by download or transmission in real time to a portable electronic device, in addition to the requirement that the owner keep the paper insurance card in the motor vehicle; amend KRS 186A-042 for the purpose of licensing a personal motor vehicle to authorize the county clerk to accept an insurance card in paper or electronic format if AVIS does not list the vehicle identification number as an insured vehicle and the clerk may require the applicant to e-mail the electronic copy to the clerk and the clerk may print a copy for the clerk’s records.
Feb 5-introduced in House Feb 6-to Banking & Insurance (H)
(The KMA/KBA has supported this bill for several years now. This would help those persons who lost their right to vote be able to reacquire that right in a more reasonable manner than the process that currently exists. The is a companion bill in the Senate with SB 91.)
HB 70 (BR 166) – J. Crenshaw, T. Burch, J. Glenn, D. Graham, D. Horlander, M. Marzian, D. Owens, J. Richards
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.
(Prefiled by the sponsor(s).) Jan 8-introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H) ?Feb 8-posted in committee
(This bill would help to stop parts of Obamacare from going into effect here in KY. There is a companion bill in the House HB 23. The problem with the federal government dictating our health insurance in relation to motorcycles is when do they start using that as a way to enforce their nanny state rules? Will they say at some point if you get injured on a motorcycle you are no longer covered? If you smoke, overeat, ski, ride horses, etc… that those are too dangerous and we will not cover those actions.)
SB 40 (BR 390) – J. Denton, J. Bowen, C. McDaniel, M. Wilson
AN ACT relating to health care exchanges and declaring an emergency. Create a new section of KRS 304.17A to prohibit the Commonwealth from operating a state-based health benefit exchange under the Patient Protection and Affordable Care Act unless authorized by the General Assembly; EMERGENCY
Jan 9-introduced in Senate Feb 5-to Health & Welfare (S)
Pending Legislation
•There is a bill in being currently drafted to allow motorcycles to park in any municipal parking garage. This has been an issue in the larger cities. When the bill is introduced I will forward the bill number on.
•With talk about the tolls for bridges in Louisville and in Northern Kentucky we want to insure that if tolls are implemented that motorcycles are either exempted or charged at a lower rate than other vehicles using these roadways. Please call and ask your legislators to support this. Preferably we would not like ANY tolls at all but if we are forced into that situation then let’s make the most of it.
Bill to Oppose
(So why would a bunch of bikers care about smoking? It is not so much the issue of smoking but rather is it government’s job to tell us how to live our lives. It is just another step in the ‘nanny state’ mentality of our government. Different types of foods and drinks have been targeted in other parts of the country. When does it stop? Let’s stop it here and now.)
HB 190/LM (BR 864) – S. Westrom, J. Adams, K. Flood, D. Watkins
AN ACT prohibiting smoking in public places and places of employment. ?Create new sections of KRS Chapter 438 to prohibit indoor smoking in businesses, places of employment, and other listed public places; exempt private residences, unless used for child care or adult day care; permit smoking in designated nonenclosed areas; require posting of “no smoking” signs as specified locations; permit local governments to adopt stricter regulations by ordinance; provide for enforcement by all peace officers and health department employees; provide for the issuance of uniform citations for violation; require that employers and others not discriminate against persons reporting violations; provide for fines for violation; provide that fines go to the organization whose employee issued the citation; provide that no court costs or other fees be charged for violations; amend KRS 344.040, relating to unlawful practices by an employer, to add reference to state law, local, ordinance, or local board of health regulation relating to smoking; amend KRS 431.450, relating to uniform citations, to provide for issuing citation forms to health departments; authorize the department of Kentucky State Police to create and issue uniform smoking violation citations; create a new section of KRS Chapter 438 to exempt smoking laboratories where machines do the smoking; repeal various statutes permitting smoking in public buildings.
HB 190 – AMENDMENTS
HFA (1, S. Lee) – Amend to delete references to electronic cigarettes.
Feb 5-introduced in House ?Feb 6-to Health & Welfare (H); posted in committee; posting waived Feb 7-reported favorably, 1st reading, to Calendar Feb 8-2nd reading, to Rules; floor amendment (1) filed
(This bill while it seems ok the fear is that if ALL vehicles have their headlights on then will it cause motorcyclists to become lost in the mix. Typically motorcycles are one of the few vehicles with their lights on all the time and it helps them to stand out.)
HB 96 (BR 216) – M. Denham
AN ACT relating to transportation. Amend KRS 189.030 to require the illumination of headlights on motor vehicles with a model year of 2000 or newer during any period of precipitation that necessitates the use of windshield wipers by motorists; specify that there will be a courtesy warning period until July 1, 2014; establish fine range of $20 to $100; specify that no court costs or points will be imposed.
Jan 8-introduced in House Jan 9-to Transportation (H) Feb 7-posted in committee
(This bill is the opposite of SB 40 which prohibits the health care exchanges from going into effect. This bill would allow them to go into effect. It has a companion bill of HB 291 so please call and oppose both of these bills. One may be dropped at some point.)
HB 248 (BR 560) – T. Burch
AN ACT relating to the Cabinet for Health and Family Services. Create new sections of KRS Chapter 194A to establish the Office of the Kentucky Health Benefit Exchange and the Kentucky Health Benefit Exchange Advisory Board; confirm Executive Orders 2012-587 and 2012-783.
Feb 6-introduced in House, Feb 7-to Health & Welfare (H)
(There is a fear that these Fusion Centers will be turned against anyone whom the government does not like. Texas has passed legislation banning these fusion centers in their state. I think more questions as to what these centers will be used for are required at this point.)
HB 167 (BR 982) – R. Damron
AN ACT relating to reorganization. Create a new section of KRS Chapter 39G to create the Kentucky Intelligence Fusion Center within the Kentucky Office of Homeland Security; amend KRS 39G.010 to require the executive director of the Kentucky Office of Homeland Security to administer the Kentucky Intelligence Fusion Center; amend KRS 61.878 to change the Office for Security Coordination to the Kentucky Office of Homeland Security; confirm Executive Order 2012-418.
Feb 5-introduced in House, Feb 6-to State Government (H)
Bills to be Aware Of
(The KMA has not taken an official stance on these bills but feel our members may find them of interest and may want to call on them to either support or oppose.)
HB 233/LM/CI (BR 885) – D. St. Onge, S. Santoro, J. Carney, C. Embry Jr., K. Imes, T. Kerr, K. King, A. Koenig, B. Linder, T. Moore, B. Waide, R. Webber, A. Wuchner
AN ACT relating to preserving the right of Kentuckians to own and use firearms. Create new sections of KRS Chapter 237 to declare legislative intent; invalidate and nullify all federal laws and regulations restricting ownership or possession of firearms; direct the General Assembly to take all appropriate action to safeguard Kentuckian’s rights to possess firearms in accordance with the 2nd Amendment to the Constitution of the United States and Section 1 of the Constitution of Kentucky; amend KRS 527.040 to add persons who have been dishonorably discharged from the Armed Forces of the United States and persons illegally or unlawfully in the United States to the list of persons who shall not possess firearms.
Feb 6-introduced in House, Feb 7-to Elections, Const. Amendments & Intergovernmental Affairs (H)
HB 285 (BR 956) – J. DeCesare, S. Lee, R. Bunch, Dw. Butler, J. Carney, M. Dossett, C. Embry Jr., J. Fischer, D. Floyd, R. Heath, T. Herald, K. Imes, K. King, B. Linder, D. Mayfield, D. Meade, M. Meredith, B. Montell, T. Moore, D. Osborne, B. Rowland, S. Rudy, S. Santoro, J. Shell, D. St. Onge, T. Turner, B. Waide, R. Webber, A. Wuchner, J. York
AN ACT relating to firearms, including ammunition and accessories for firearms. Create new sections of KRS Chapter 237 relating to firearms, ammunition, and firearms accessories made in Kentucky, marked “made in Kentucky,” and used in Kentucky to specify that these items are exempt from federal law; specify that the exemption does not apply to machine guns, silencers, exploding ammunition, and firearms with a bore of 1 1/2 inches; name law the “Kentucky Firearms Freedom Act.”
Feb 7-introduced in House
SB 11/LM/CI (BR 55) – P. Clark, D. Harper Angel, K. Stein
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.
(Prefiled by the sponsor(s).) Sep 5-To: Interim Joint Committee on Judiciary, Jan 8-introduced in Senate, Jan 10-to Judiciary (S)
HB 87 (BR 197) – K. Hall
AN ACT relating to motor vehicle insurance. Amend KRS 186A.040, regarding maintenance of motor vehicle insurance, to change from three to one the number of times a person may have their vehicle registration revoked for not maintaining insurance, before the revocation constitutes a violation of KRS 304.39-080; amend KRS 186.180 to set the reinstatement fee for a revoked registration at $20.
Jan 8-introduced in House, Jan 9-to Transportation (H), Feb 7-posted in committee
HB 282 (BR 1260) – K. Hall, H. Collins, C. Miller
AN ACT relating to child booster seats. Amend KRS 189.125, regarding vehicle occupant restraints, to require booster seats to be used by children who are less than 9 years old and are between 40 and 57 inches in height; clarify that a child of any age who is over 57 inches in height shall not be required to be secured in a booster seat.
Feb 7-introduced in House
(The Headhunters used to play at several of the KMA/KBA parties in the past.)
HJR 43 (BR 1029) – B. Rowland
Direct the Transportation Cabinet to designate Kentucky Highway 640 in Metcalfe County as “The “Kentucky Headhunters Band Highway” and erect appropriate signs.
Feb 5-introduced in House, Feb 6-to Transportation (H)
HB 32/LM/CI (BR 17) – M. Harmon, R. Bunch, K. King, T. Moore
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.
(Prefiled by the sponsor(s).) Jun 28-To: Interim Joint Committee on Judiciary, Jan 8-introduced in House; to Judiciary (H)
(There is also a companion bill in the Senate SB 47 which has the same language. I am not sure if I want the state and feds to have my DNA on file for any reason. The crime is for any felony. This would include a DUI, writing a bad check for over a certain amount, and other offenses that have no reason to collect DNA for. If you are found not guilty the responsibility is on YOU to get request the sample be removed from the database. It doesn’t get expunged on its own.)
HB 89/LM (BR 237) – M. Marzian, R. Meeks
AN ACT relating to DNA. Amend KRS 17.169 to include local law enforcement as persons authorized to collect DNA samples; amend KRS 17.170 to provide for the collection of DNA samples at arrest or initial appearance from all persons charged with a felony offense; amend KRS 17.175 to provide for expungement of DNA samples in specified circumstances and allow use of all samples collected in good faith; amend KRS 64.060 to establish a $5 payment from the State Treasury to the collecting agency for each DNA sample collected.
Jan 8-introduced in House, Jan 9-to Judiciary (H)
(This seems like a decent idea to have an “independent” panel look at redistricting but I am not sure I am comfortable with the state universities being the ones in charge of that. Seeing as the legislature appropriates so much money to them now would this be a way the universities could hold sway over certain legislators to get their funding requests each year whether they actually need something or not? I would be okay with this if the panel were a more diverse group and had no direct interest in the outcome of the redistricting plan.)
SB 63 (BR 1049) – D. Parrett
AN ACT relating to redistricting. Create a new section of KRS Chapter 5 to establish the Kentucky Committee on Legislative Redistricting, which shall be composed of state university faculty appointed by presidents of Kentucky’s state universities; create a new section of KRS Chapter 5 to require the Kentucky Committee on Legislative Redistricting to develop redistricting plans for state legislative and U.S. Congressional districts; create a new section of KRS Chapter 5 to require the Kentucky Committee on Legislative Redistricting to submit the redistricting plans to the Legislative Research Commission, which shall refer the plans to the Interim Joint Committee on State Government; allow the General Assembly to enact or reject the redistricting plans, but not to alter or amend them; if the General Assembly does not enact the plans, allow them to be returned to the Kentucky Committee on Legislative Redistricting, which may incorporate changes requested by the General Assembly, but shall not be required to incorporate changes; require the Kentucky Committee on Legislative Redistricting to submit to the General Assembly new redistricting plans, which the General Assembly shall enact but not alter or amend.
Feb 5-introduced in Senate, Feb 7-to State & Local Government (S)
(There is also a companion bill in the House HB 33. Since then one has moved they may not act on that one.)
SB 50/LM (BR 433) – P. Hornback, D. Seum, W. Blevins Jr., D. Harper Angel, J. Higdon, J. Schickel, K. Stein, D. Thayer, R. Webb
AN ACT relating to industrial hemp. Create new sections of KRS Chapter 260 to define “Commissioner,” “department,” “grower,” “industrial hemp,” and “tetrahydrocannabinol”; establish conditions and procedures for the licensing of industrial hemp growers by the Department of Agriculture; require the department to coordinate a criminal history check with the assistance of law enforcement agencies; establish a license duration period; require the department to set the cost of the license by administrative regulation; require the department to forward a copy of an industrial hemp grower license to law enforcement agencies; specify stipulations for growers having an industrial hemp grower license; clarify that the Act does not authorize a person to violate federal law; require periodic reports to the Kentucky Industrial Hemp Commission; establish circumstances under which a license may be withdrawn; amend KRS 218A.010 to conform; amend KRS 260.853 to clarify the scope of industrial hemp research; amend KRS 260.857 to allow for additional members of the Industrial Hemp Commission and designate the commissioner as the commission chair; amend KRS 260.859 to conform.
SB 50 – AMENDMENTS
SCS – Retain original provisions of the bill, except require the Department of Agriculture to be responsible for monitoring and testing industrial hemp fields; require hemp growers or agents to carry the proper documentation when transporting hemp; clarify university membership and representation on the Kentucky Hemp Commission.
Jan 11-introduced in Senate ? Feb 5-to Agriculture (S) ? Feb 11-reported favorably, 1st reading, to Calendar with Committee Substitute
Jay Huber
State President KMA/KBA
www.kmakba.com
800-68-CYCLE
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