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Kentucky

: Kentucky Law Blog

Legislative actions on some measures of interst to lawyers for March 26, 2008

By Michael Stevens

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As the legislative session ends, here's a flurry of activity on bills pending and being acted upon.  Rather than a separate post on each, I am just listing all of them relating to legal issues as culled from all actions based upon my search criteria given to www.KentuckyVotes.org!  These cover Mar. 26, 27, 2008.

Senate Bill 96 (New health insurance mandate)
Received in the House on February 27, 2008. Passed in the House (97 to 1) on March 27, 2008, to require health benefit plans to cover colorectal cancer screenings.
http://www.kentuckyvotes.org/RollCall.aspx?ID=272852

House Bill 103 (Dissolving county courthouse districts)
Reported in the Senate on March 27, 2008, favorably, to Rules as a Consent Bill.
http://www.kentuckyvotes.org/Legislation.aspx?ID=55088

House Bill 103 (Dissolving county courthouse districts)
Substitute offered in the Senate on March 27, 2008, to delete repeal of the court house district in Campbell County but require the taxing authority to expire on the effective date of the act. The substitute passed in the Senate by voice vote on March 27, 2008, to delete repeal of the court house district in Campbell County but require the taxing authority to expire on the effective date of the act.
http://www.kentuckyvotes.org/Legislation.aspx?ID=55088

House Bill 103 (Dissolving county courthouse districts)
Amendment offered by Sen. Robert Stivers on March 27, 2008, to make a title amendment. The amendment passed in the Senate by voice vote on March 27, 2008, to make a title amendment.
http://www.kentuckyvotes.org/Legislation.aspx?ID=55088

House Bill 106 (Increase penalties relating to theft of scrap metal)
Reported in the Senate on March 27, 2008, favorably, to Rules as a Consent Bill
.
http://www.kentuckyvotes.org/Legislation.aspx?ID=55130

Senate Bill 131 (Expand retirement plan survivor benefits)
Received in the House on February 27, 2008. Passed in the House (99 to 0) on March 27, 2008, to expand survivor benefits to certain adopted children of a deceased Kentucky Teachers Retirement beneficiary.
http://www.kentuckyvotes.org/RollCall.aspx?ID=272854

Senate Bill 159 (Exempt service animals from quarantine after biting human)
Received in the House on March 5, 2008. Passed in the House (98 to 1) on March 27, 2008, to exempt service animals and service animals in training who are vaccinated from 10 day quarantine after biting a human and to require that service animals exempted shall be under control of a law enforcement agency.
http://www.kentuckyvotes.org/RollCall.aspx?ID=272855

House Bill 192 (Increase certain regulations on commercial vehicle operators)
Reported in the Senate on March 27, 2008, favorably, to Rules as a Consent Bill.
http://www.kentuckyvotes.org/Legislation.aspx?ID=55777

House Bill 192 (Increase certain regulations on commercial vehicle operators)
Substitute offered in the Senate on March 27, 2008, to delete the prohibition against leaving a running vehicle unattended and to create an overweight and overdimensional permit to allow the transportation of water craft from the location of the original manufacturer to its destination in the Commonwealth.
http://www.kentuckyvotes.org/Legislation.aspx?ID=55777

House Bill 192 (Increase certain regulations on commercial vehicle operators)
Amendment offered by Sen. David E. Boswell on March 27, 2008, to allow the owner of legally erected advertising device to apply to the Transportation Cabinet for a vegetation control permit.
http://www.kentuckyvotes.org/Legislation.aspx?ID=55777

House Bill 192 (Increase certain regulations on commercial vehicle operators)
Substitute offered in the Senate on March 19, 2008, to require local governments to provide a reasonable exemption to parking ordinance violations for law enforcement officers who are participating in judicial proceedings in their official capacity.
http://www.kentuckyvotes.org/Legislation.aspx?ID=55777

House Bill 201 (Require adequate supervision of inpatient person with mental disability)
Reported in the Senate on March 27, 2008, favorably, to Rules.
http://www.kentuckyvotes.org/Legislation.aspx?ID=55786

House Bill 201 (Require adequate supervision of inpatient person with mental disability)
Substitute offered in the Senate on March 27, 2008, to name the bill Deron's Law.
http://www.kentuckyvotes.org/Legislation.aspx?ID=55786

House Bill 201 (Require adequate supervision of inpatient person with mental disability)
Amendment offered by Sen. Ray S Jones, II on March 27, 2008, to modify the standard of care applicable to the employee of the facility.
http://www.kentuckyvotes.org/Legislation.aspx?ID=55786

Senate Bill 203 (Increase regulation of amusement rides and attractions)
Substitute offered in the House on March 19, 2008. The substitute passed in the House by voice vote on March 27, 2008, to permit the Commissioner to designate certain rides or attractions where the presence of an operator is not required.
http://www.kentuckyvotes.org/Legislation.aspx?ID=60459

Senate Bill 203 (Increase regulation of amusement rides and attractions)
Received in the House on March 13, 2008. Passed in the House (98 to 0) on March 27, 2008, to increase Agriculture Commissioner regulation of amusement rides and attractions relating to requirements of owners to maintain safety standards and perform regular inspections. The bill also sets certain standards for who may operate amusement rides and sets restrictions on the actions of ride operators. The bill also regulates operator actions in the event of an accident.
http://www.kentuckyvotes.org/RollCall.aspx?ID=272857

House Bill 207 (Create "In God We Trust" license plate)
Reported in the Senate on March 27, 2008, favorably, 1st reading, to Consent Calendar.
http://www.kentuckyvotes.org/Legislation.aspx?ID=55792

Senate Bill 228 (Voluntary contributions to agricultural programs)
Introduced by Sen. Brett Guthrie on March 4, 2008. Passed in the Senate (38 to 0) on March 27, 2008, to set up a voluntary contribution of $10 for motor vehicles being registered as farm trucks and require the proceeds of the contribution to be deposited into an agricultural program trust fund. The bill requires proceeds and interest from the trust fund to be used for agricultural programs administered by the Department of Agriculture.
http://www.kentuckyvotes.org/RollCall.aspx?ID=272764

House Bill 305 (Allow municipalities to not prepare small tax bills)
Amendment offered by Rep. Brad Montell on March 27, 2008, to make a title amendment.
http://www.kentuckyvotes.org/Legislation.aspx?ID=56694

House Bill 305 (Allow municipalities to not prepare small tax bills)
Amendment offered by Rep. Brad Montell on March 27, 2008, to permit, rather than require, the inclusion of retirement, profit sharing or deferred compensation contributions or funds earmarked for cafeteria plans when determining compensation subject to occupational license taxes.
http://www.kentuckyvotes.org/Legislation.aspx?ID=56694

House Bill 334 (Increase regulation of insurance consultants)
Received in the House on March 27, 2008. Passed in the House (98 to 0) on March 27, 2008, to limit certain business activities of an individual or business entity dually licensed as a consultant and an agent.
http://www.kentuckyvotes.org/RollCall.aspx?ID=272838

House Bill 348 (Increase regulation of life insurers)
Received in the House on March 27, 2008. Passed in the House (98 to 0) on March 27, 2008, to limit certain life insurance practices.
http://www.kentuckyvotes.org/RollCall.aspx?ID=272840

House Bill 367 (Strengthen solicitation of a minor prohibition)
Reported in the Senate on March 27, 2008, favorably, to Rules.
http://www.kentuckyvotes.org/Legislation.aspx?ID=57894

House Bill 388 (Expand nurse practitioner responsibilities)
Received in the House on March 27, 2008. Passed in the House (97 to 0) on March 27, 2008, to add advanced registered nurse practitioner to those who may submit a statement of disability for a handicapped parking permit and to require any information contained on disability placards to be written in indelible ink or inscribed in other permanent fashion as to prevent tampering with or changing of information contained on such placards.
http://www.kentuckyvotes.org/RollCall.aspx?ID=272842

House Bill 391 (Create separate crime of failure to return to custody)
Reported in the Senate on March 27, 2008, favorably, 1st reading, to Consent Calendar.
http://www.kentuckyvotes.org/Legislation.aspx?ID=58218

House Bill 393 (Require rental car companies to adjust excessive license cost recovery fees)
Reported in the Senate on March 27, 2008, favorably, 1st reading, to Consent Calendar.
http://www.kentuckyvotes.org/Legislation.aspx?ID=58220

House Bill 430 (Allow for local government payroll tax increases related to economic development)
Amendment offered by Rep. Brad Montell on March 27, 2008, to make a title amendment.
http://www.kentuckyvotes.org/Legislation.aspx?ID=58414

House Bill 470 (Expand pension benefits of certain executive branch appointees)
Reported in the Senate on March 27, 2008, favorably, to Rules as a Consent Bill.
http://www.kentuckyvotes.org/Legislation.aspx?ID=58842

House Bill 470 (Expand pension benefits of certain executive branch appointees)
Substitute offered in the Senate on March 20, 2008. The substitute passed in the Senate by voice vote on March 27, 2008, to permit mutual fund accounts under the optional retirement plans and permit up to four companies rather than three companies from which the postsecondary education institution may purchase contracts.
http://www.kentuckyvotes.org/Legislation.aspx?ID=58842

House Bill 470 (Expand pension benefits of certain executive branch appointees)
Received in the Senate on February 27, 2008. Passed in the Senate (38 to 0) on March 27, 2008, to require the executive branch to accept from the Kentucky Teachers' Retirement System all accrued annual and sick leave balances and service credits of employees leaving the Kentucky Teachers' Retirement System and accepting appointments within the executive branch.
http://www.kentuckyvotes.org/RollCall.aspx?ID=272767

House Bill 479 (Permit requests for absentee ballots by email)
Substitute offered in the Senate on March 26, 2008. The substitute passed in the Senate by voice vote on March 27, 2008, to permit a member of the military who has requested an absentee ballot to cancel the absentee ballot and to vote in person on election day. The substitute also requires that signatures for nomination papers shall not be affixed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot.
http://www.kentuckyvotes.org/Legislation.aspx?ID=58851

House Bill 479 (Permit requests for absentee ballots by email)
Received in the Senate on February 28, 2008. Passed in the Senate (38 to 0) on March 27, 2008, to permit requests for applications for an absentee ballot to be transmitted by electronic mail and to require the clerk to provide a voter with a written authorization to vote if the voter does not vote by absentee ballot and returns the ballot to the clerk. The bill also permits a member of the military who has requested an absentee ballot to cancel the absentee ballot and to vote in person on election day. The bill also requires that signatures for nomination papers shall not be affixed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot.
http://www.kentuckyvotes.org/RollCall.aspx?ID=272769

House Bill 482 (Increase subsidies for cattle)
Reported in the Senate on March 27, 2008, favorably, to Rules as a Consent Bill.
http://www.kentuckyvotes.org/Legislation.aspx?ID=58925

House Bill 534 (Require notice of expired workers' compensation policies)
Amendment offered by Sen. Gary Tapp on March 25, 2008. The amendment passed in the Senate by voice vote on March 27, 2008, to change language from "beneficiary" to "additional insured".
http://www.kentuckyvotes.org/Legislation.aspx?ID=59540

House Bill 534 (Require notice of expired workers' compensation policies)
Received in the Senate on March 5, 2008. Passed in the Senate (38 to 0) on March 27, 2008, to require an insurance carrier to provide notice to a certificate holder, beneficiary, or any individual provided proof of insurance, if a workers' compensation insurance policy has lapsed, expired, or has been cancelled, terminated, or not renewed. The bill also requires the executive director of the Office of Workers' Claims to notify a named beneficiary of cancellation or termination of workers' compensation insurance coverage.
http://www.kentuckyvotes.org/RollCall.aspx?ID=272771

House Bill 534 (Require notice of expired workers' compensation policies)
Amendment offered by Rep. Brent Yonts on March 3, 2008. The amendment passed in the House by voice vote on March 4, 2008, to require the executive director of the Office of Workers' Claims to notify a named beneficiary of cancellation or termination of workers' compensation insurance coverage.
http://www.kentuckyvotes.org/Legislation.aspx?ID=59540

House Bill 534 (Require notice of expired workers' compensation policies)
Introduced by Rep. Brent Yonts on February 14, 2008. Passed in the House (96 to 0) on March 4, 2008, to require an insurance carrier to provide notice to a certificate holder, beneficiary, or any individual provided proof of insurance, if a workers' compensation insurance policy has lapsed, expired, or has been cancelled, terminated, or not renewed. The bill also requires the executive director of the Office of Workers' Claims to notify a named beneficiary of cancellation or termination of workers' compensation insurance coverage.
http://www.kentuckyvotes.org/RollCall.aspx?ID=266736

House Bill 544 (National Crime Prevention and Privacy Compact)
Amendment offered by Sen. Jack Westwood on March 27, 2008, to make a title amendment.
http://www.kentuckyvotes.org/Legislation.aspx?ID=59550

House Bill 544 (National Crime Prevention and Privacy Compact)
Amendment offered by Sen. Jack Westwood on March 27, 2008, to attach provisions of SB 40.
http://www.kentuckyvotes.org/Legislation.aspx?ID=59550

House Bill 567 (Exempt military death benefits from probate fees)
Reported in the Senate on March 27, 2008, favorably, 1st reading, to Consent Calendar.
http://www.kentuckyvotes.org/Legislation.aspx?ID=59847

House Bill 577 (Prohibit certain insurance sales practices)
Reported in the Senate on March 27, 2008, favorably, to Rules as a Consent Bill.
http://www.kentuckyvotes.org/Legislation.aspx?ID=59857

House Bill 609 (Expand collection of sales and use tax)
Received in the Senate on March 6, 2008. Passed in the Senate (38 to 0) on March 27, 2008, to require a person contracting with the Commonwealth to register with the Department of Revenue to collect and remit the sales and use tax.
http://www.kentuckyvotes.org/RollCall.aspx?ID=272775

House Bill 615 (Lift restrictions on estate trustee compensation)
Reported in the Senate on March 27, 2008, favorably, 1st reading, to Calendar.
http://www.kentuckyvotes.org/Legislation.aspx?ID=60048

House Bill 639 (Define uses of funds from sale of confiscated firearms)
Substitute offered in the Senate on March 26, 2008. The substitute passed in the Senate by voice vote on March 27, 2008, to require Department of Kentucky State Police to sell confiscated weapons at auction and permit Department of Kentucky State Police to retain 20 percent of gross proceeds from sales for departmental use. The substitute also permits aliens who are legally in the United States and who are permitted by federal law to purchase firearms to obtain a Kentucky concealed deadly weapon license.
http://www.kentuckyvotes.org/Legislation.aspx?ID=60298

House Bill 639 (Define uses of funds from sale of confiscated firearms)
Amendment offered by Sen. Damon Thayer on March 26, 2008. The amendment passed in the Senate by voice vote on March 27, 2008, to make a title amendment.
http://www.kentuckyvotes.org/Legislation.aspx?ID=60298

House Bill 639 (Define uses of funds from sale of confiscated firearms)
Received in the Senate on March 12, 2008. Passed in the Senate (37 to 1) on March 27, 2008, to require Department of Kentucky State Police to sell confiscated weapons at auction and permit Department of Kentucky State Police to retain 20 percent of gross proceeds from sales for departmental use. The substitute also permits aliens who are legally in the United States and who are permitted by federal law to purchase firearms to obtain a Kentucky concealed deadly weapon license.
http://www.kentuckyvotes.org/RollCall.aspx?ID=272779

House Bill 676 (Classic motor vehicle project titles)
Reported in the Senate on March 27, 2008, favorably, 1st reading, to Consent Calendar.
http://www.kentuckyvotes.org/Legislation.aspx?ID=60476

House Bill 690 (Create Gas Acquisition Authorities)
Reported in the Senate on March 27, 2008, favorably, to Rules as a Consent Bill.
http://www.kentuckyvotes.org/Legislation.aspx?ID=60631

House Bill 696 (Exception for privacy of motor vehicle accident reports)
Reported in the Senate on March 27, 2008, favorably, 1st reading, to Consent Calendar.
http://www.kentuckyvotes.org/Legislation.aspx?ID=60637

House Bill 758 (Increase regulation of workers' compensation self-insured groups)
Reported in the Senate on March 27, 2008, favorably, 1st reading, to Consent Calendar.
http://www.kentuckyvotes.org/Legislation.aspx?ID=60757

House Bill 765 (Increase regulation of methamphetamine decontamination)
Reported in the Senate on March 27, 2008, favorably, 1st reading, to Consent Calendar.
http://www.kentuckyvotes.org/Legislation.aspx?ID=60764

Full post as published by Kentucky Law Blog on March 30, 2008 (boomark / email).

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