Amend KRS 218A.1422 to make the possession of two ounces of marijuana or less a violation punishable by a maximum fine of $75; amend KRS 218A.1423 to make cultivation of five marijuana plants or less a Class B misdemeanor; name the Act the Kentucky Cannabis Freedom Act. Tuesday, February 3, 2015 - to Judiciary (S) Friday, January 9, 2015 - introduced in Senate Create various new sections of KRS Chapter 218A to establish a comprehensive system for medical cannabis 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, interaction with state and local governments, including law enforcement, with persons and entities coming within the purview of the Act, and the establishment of required reporting and review procedures; amend KRS 218A.040 to conform; name the Act the Cannabis Compassion Act. Jan 7-introduced in Senate Jan 13-to Licensing, Occupations, & Administrative Regulations (S) http://www.lrc.ky.gov/record/14RS/sb43.htm Bill Number:
HB 13(BR-14)(click bill number to view bill details.) Title: AN ACT relating to preserving the right of Kentuckians to own and use firearms. Sponsor(s): St. Onge , Diane Bunch , Regina Bechler , Lynn Miles , Suzanne Santoro , Sal Lee , Stan Imes , Kenny Tipton , James Current Status: posted in committee In House Summary: 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 second 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. Amendments There are No Amendments for this Bill. History Tuesday, March 10, 2015 - posted in committee Monday, March 9, 2015 - discharge petition filed Tuesday, January 6, 2015 - to Judiciary (H) Tuesday, January 6, 2015 - introduced in House Thursday, August 7, 2014 - To: Interim Joint Committee on Judiciary Wednesday, June 4, 2014 - Prefiled by the sponsor(s). Bill Number:
HB 12(BR-11)(click bill number to view bill details.) Title: AN ACT relating to drone surveillance. Sponsor(s): St. Onge , Diane Current Status: to Judiciary (H) In House Summary: Create a new section of KRS Chapter 500 to define "drone"; prohibit a law enforcement agency from using a drone to gather evidence or other information; provide exceptions; prohibit use of evidence obtained in violation; provide that the Act may be cited as the "Citizens' Freedom from Unwarranted Surveillance Act." Amendments There are No Amendments for this Bill. History Tuesday, January 6, 2015 - to Judiciary (H) Tuesday, January 6, 2015 - introduced in House Thursday, August 7, 2014 - To: Interim Joint Committee on Judiciary Wednesday, June 4, 2014 - Prefiled by the sponsor(s). Bill Number:
HB 3(BR-162)(click bill number to view bill details.) Title: AN ACT relating to the medical use of cannabis. Sponsor(s): Stumbo , Greg Miller , Charles Flood , Kelly Current Status: posted in committee In House Summary: Include a noncodified section permitting this Act to be cited as the "Gatewood Galbraith Medical Cannabis Act"; create new sections of KRS Chapter 218A to define terms; require the Department for Public Health operate a medical cannabis program; require prospective patients to possess a diagnosis from a physician, and possess a registry identification card issued by the department; require the department to publish an annual list of varieties of cannabis that contain a low level of tetrahydrocannabinol (THC); require prioritization of low-THC-containing varieties of cannabis by the department; grant priority access to children and individuals with medication-resistant seizures to low THC cannabis; require patients under 18 to receive cannabis with a low-THC content; state guidelines for registry identification cards; exempt patients that possess a card and an amount of cannabis that does not exceed a sixty day supply from prosecution or penalty; protect a physician from prosecution, penalty, or disciplinary action solely for providing a medical order; protect dispensaries and dispensary employees when acting pursuant to this Act; require individuals that cease to be patients to dispose of cannabis; state that any local or statewide smoking ban shall ban the use of any medical cannabis unless explicitly permitted by prominent signage; allow use of cannabis on privately owned real property only with written permission of the property owner or tenant in possession of the property; prohibit unauthorized conduct, including undertaking tasks under the influence of cannabis; specify additional areas where cannabis may not be possessed or used; prohibit operation of motoer vehicles, boats, or aircraft while under the influence of cannabis; clarify other protections for health insurance providers, property owners, employers, and jails or penal institutions; reuqire the DPH to operate or license the operation of at least one dispensary in each area development district; grant the DPH authoirty to charge application and annual fees; authorize fines for cardholders carrying cannabis while not in possession of his or her registry card; require revocation of cardholder status to any cardholder that sells cannabis to another person that is not a patient; require DPH to promulgate administrative regulations to govern the treatment of drug addiction via use of medical cannabis; establish a Task Force on Risk Evaluation and Mitigation Strategies for Medical Cannabis to advise the DPH in implementing the Act; require the Board of Medical Licensure to issue certificates to physicians that elect to prescribe medical cannabis; state requirements for good standing for recommending physicians; require the board to establish standards for generating orders for medical cannabis; amend KRS 218A.202 to allow for the monitoring of cannabis recommended pursuant to this Act. Amendments HFA1 (Bratcher, Kevin D.) - Retain original provisions; insert language to amend KRS 72.026 to increase the scope of mandatory coroner and medical examiner reporting in deaths involving Schedule I controlled substance deaths; amend KRS 196.286 and 196.288 to direct that a portion of recaptured savings from criminal justice reforms be directed to funding KY-ASAP programs; create a new section of KRS Chapter 205 to require the Department for Medicaid Services to provide a substance abuse benefit and specify the controlled substance treatment options to be offered; amend KRS 217.186 to increase the availability of naloxone for use as a rescue drug for narcotic overdose situations; create a new section of KRS Chapter 218A to provide immunity for persons seeking emergency help in drug overdose situations; amend KRS 218A.040 to specify that death by overdose is a foreseeable result of the consumption or use of a Schedule I controlled substance; amend KRS 218A.1412 to establish a minimum 50 percent time service requirement for higher-level traffickers in heroin or methamphetamine, with the ability to deviate from that requirement in cases where the defendant provides assistance to the prosecution; amend KRS 218.500 to allow a peace officer to inquire whether the person is in possession of a hypodermic needle or other sharp object prior to commencing a search of the person or the person's vehicle or premises; provide an exemption from paraphernalia prosecution for a person who alerts the officer to the presence of needle or sharp object; amend KRS 439.3401 to require a minimum 50 percent time service requirement for homicide and fetal homicide offenders in situations where the decedent died due to a Schedule I controlled substance overdose; amend KRS 501.060 to provide that it is not a defense to the establishment of causation in a Schedule I controlled substance overdose case that the decedent voluntarily ingested the drug or that there was no direct contact between the decedent and the defendant; direct the Department of Criminal Justice Training to conduct regionalized heroin-specific in-service training for law enforcement officers. HFA2 (Bratcher, Kevin D.) - Make title amendment. History Tuesday, February 3, 2015 - posted in committee Thursday, January 8, 2015 - floor amendments (1) and (2-title) filed Thursday, January 8, 2015 - to Health & Welfare (H) Tuesday, January 6, 2015 - introduced in House Bill Number: HB 53(BR-333)/LM/CI(click bill number to view bill details.)
Title: AN ACT relating to substance abuse and declaring an emergency. Sponsor(s): Keene , Dennis Current Status: to Judiciary (H) In House Summary: Amend KRS 72.026 to increase the scope of mandatory coroner reporting in deaths involving Schedule I controlled substances; create a new section of KRS Chapter 205 to specify the controlled substance treatment services to be offered by the Department for Medicaid Services; amend KRS 217.186 to increase the availability of Naloxone for use in situations involving individuals suffering from an apparent opiate-related overdose; create a new section of KRS Chapter 218A to provide safe harbor provisions for drug-addicted pregnant women who are in compliance with substance abuse treatment and prenatal care instructions; amend KRS 218A.040 to provide that subject to the rules of evidence a court is permitted to infer that death resulting from an overdose of a Schedule I controlled substance is a foreseeable result of the consumption or use of that substance; amend KRS 218A.050 to classify any extended release single-agent formulation of hydrocodone bitartrate as a Schedule I controlled substance until the drug is available in an FDA-approved tamper-resistant formulation; amend KRS 218A.1412 to establish a 50% time-served requirement for persons convicted of trafficking in heroin or methamphetamine in the first degree and allow this requirement to be waived in cases where the defendant provides assistance to the prosecution of another; amend KRS 218A.1413 to increase the penalties for a person who is found guilty of trafficking in a controlled substance in the second degree; amend KRS 218A.1414 to increase the penalty for any person who is found guilty of trafficking in a controlled substance in the third degree; amend KRS 218A.500 to allow for the establishment of optional local hypodermic needle exchange programs and provide that in situations where the defendant notifies a peace officer prior to a search that he or she has a hypodermic needle on their person or in their possession, certain immunities are allowed as to related charges; amend KRS 439.3401 to require a minimum 50% time-served requirement for persons convicted of homicide and fetal homicide in situations where the decedent died due to a Schedule I drug overdose; amend KRS 501.060 to provide that for an offense in violation of KRS Chapter 507 or 507A for a death which resulted from an overdose of a Schedule I controlled substance, a court is permitted to infer that death resulting from an overdose of a Schedule I controlled substance is a foreseeable result of the consumption or use of that substance, subject to the applicable rules of evidence; amend KRS 625.050 to prohibit petitions to terminate the parental rights of a pregnant woman who used controlled substances while pregnant if she complies with substance abuse treatment and prenatal care instructions; amend KRS 222.005 to provide a definition of “incapacitated by alcohol and other drug abuse”; amend KRS 222.431 to include a person who is incapacitated by drug abuse as persons who may be required to undergo treatment; amend KRS 222.433 to enumerate the type of evidence that a court must review before determining if there is probable cause to go forth with a petition to order treatment for a person alleged to be incapacitated by drug abuse; encourage the Cabinet for Health and Family Services to study various aspects of medical care related to increasing medication-assisted treatment for opioid-addicted postpartum women; encourage the Cabinet to study evidence-based medical management standards related to treatment for addiction in Kentucky and overdose prevention; encourage the Cabinet to develop county and regional response teams for heroin and opioid addiction; encourage the Cabinet to work with medical school and post-graduate training programs in Kentucky to provide a curriculum on the disease of addiction; encourage the Cabinet to collaborate with licensing boards in applicable fields within Kentucky to include continuing education units on the topic of the disease of addiction; encourage the Cabinet to make any recommendation for legislation relating to substance abuse to the Interim Joint Committee on Health and Welfare by November 30, 2015; encourage the Department of Criminal Justice Training to offer voluntary regionalized in-service training on the topic of heroin; EMERGENCY. Amendments There are No Amendments for this Bill. History Tuesday, January 6, 2015 - to Judiciary (H) Tuesday, January 6, 2015 - introduced in House Tuesday, November 18, 2014 - Prefiled by the sponsor(s). Bill Number: HB 61(BR-332)/LM/CI(click bill number to view bill details.)
Title: AN ACT relating to controlled substances. Sponsor(s): St. Onge , Diane Current Status: to Judiciary (H) In House Summary: Amend KRS 72.026 to increase the scope of mandatory coroner and medical examiner examinations and reporting in deaths involving a Schedule I controlled substance; amend KRS 196.286 and 196.288 to increase the scope of the required cost-savings calculations; direct that a portion of recaptured savings from criminal justice reforms be directed to funding of KY-ASAP programs operating in or under the supervision of county jails, and a portion to community mental health centers offering substance abuse treatment for heroin and other opiate abuse disorders; create a new section of KRS Chapter 205 to specify the controlled substance treatment services to be offered under Medicaid; amend KRS 217.186 to increase the availability of Naloxone for use as a rescue drug for narcotic overdose situations; create a new section of KRS Chapter 218A to provide an opportunity for deferred prosecution for persons seeking emergency help in drug overdose situations; amend KRS 218A.1412 to establish a 50 percent minimum time service requirement for higher-level traffickers in heroin and to remove the quantity thresholds in heroin and fentanyl prosecutions; amend KRS 218A.500 to provide the ability to deviate from the service requirement in cases where the defendant provides assistance to the prosecution; amend KRS 439.3401 to require a minimum 50 percent time service requirement for homicide and fetal homicide offenders in situations in which the decedent died due to a Schedule I drug overdose; direct the Department of Criminal Justice Training to conduct regionalized heroin-specific in-service training for law enforcement officers by December 31, 2015. Amendments There are No Amendments for this Bill. History Tuesday, January 6, 2015 - to Judiciary (H) Tuesday, January 6, 2015 - introduced in House Thursday, November 20, 2014 - Prefiled by the sponsor(s). Bill Number:
HB 71(BR-326)/HM(click bill number to view bill details.) Title: AN ACT relating to treatment for alcohol and other drug abuse. Sponsor(s): Jenkins , Joni L. Meeks , Reginald Richards , Jody Westrom , Susan Current Status: to Rules (H) In House Summary: Amend KRS 222.005 to define "incapacitated by alcohol and other drug abuse"; amend KRS 222.431 to permit a person meeting the definition of "incapacitated by alcohol and other drug abuse" to be court ordered to treatment; amend KRS 222.432 to provide that court-ordered alcohol and other drug abuse treatment may be covered by a third-party payor; amend KRS 222.433 to require the court to review previous drug or alcohol assessments and drug tests in an order for treatment and require the court to review previous drug or alcohol assessments or drug tests if a respondent has failed to participate in a physical examination; amend KRS 222.470 to require Medicaid and private insurers to use comparative medical necessity and reimbursement methodology to cover alcohol and other drug abuse treatment services. Amendments SCS/HM - Retain original provisions of the bill, except to create new sections of KRS Chapter 205 to create a process for providers to request an administrative appeals hearing from the Department for Medicaid Services for reimbursement by a Medicaid managed care organization; limit attorneys' fees to state rate established pursuant to KRS 21A.160; require the party that did not prevail to pay $100 fee to the cabinet; EFFECTIVE JULY 1, 2015. SCA1 (Alvarado, Ralph) - Make title amendment. SCS2 - Retain original provisions of HB 71/GA; amend KRS 241.010 to define "bed and breakfast," "discount in the usual course of business," and "marina"; expand the definition of "alcoholic beverage" to include a powder or crystal containing alcohol; amend KRS 241.020, 241.030, 241.080, 241.090, 243.035, 243.037, 243.040, 243.380, 243.430, 243.470, 243.550, and 244.590 to describe the powers, duties, titles, and qualifications of the administrators of the Division of Distilled Spirits and the Division of Malt Beverages; amend KRS 241.060, 242.1292, 243.100, 243.110, 243.160, 243.200, 243.220, 243.250, 243.360, 243.390, 243.440, 243.490, 243.520, 243.530, 243.560, 243.620, 243.640, 243.650, 243.660, 243.670, 244.060, 244.070, 244.085, 244.150, 244.260, 244.340, 244.350, and 244.990 to create consistent and modern terminology throughout the alcohol statutes; amend KRS 241.140, 241.190, and 241.250 to clarify the functions of local alcohol administrators; create a new section of KRS Chapter 242 to allow a local option election on distilled spirit souvenir package sales by distilleries within the precinct; create a new section of KRS Chapter 242 to authorize a local option election on by the drink alcoholic beverage sales at marinas within the precinct; amend KRS 242.123 and 242.124 to permit a golf course or small farm winery local option election in any dry or moist city or county; amend KRS 242.1241 to conduct a small farm winery local option election in the same manner as in KRS 242.020; create a new section of KRS Chapter 243 to establish the terms of a sampling license, to include both free and paid samples; amend KRS 243.030 to permit either the administrator of distilled spirits or malt beverages to issue a license that allows the sale of distilled spirits, wine, and malt beverages; amend KRS 243.0305 to allow a distillery to sell souvenir packages of distilled spirits if the distillery is located in a moist precinct that has authorized that type of sale; establish the limitations of a distiller's sampling license; amend KRS 243.033 to authorize a caterer to cater alcoholic beverages at a private party or special event at a non-federally bonded portion of a distillery premises; forbid a caterer from catering alcoholic beverages at an event hosted by the caterer either alone or as a joint venture; amend KRS 243.036 to apply a distilled spirits and wine auction license to malt beverages; include raffles as a part of the auction license; amend KRS 243.042 to allow a qualified historic site to obtain a supplemental bar license for a riverboat or railroad train; amend KRS 243.045 to clarify that a transitional license entitles the holder to the same rights and privileges of the corresponding permanent license; amend KRS 243.060 and 243.070 to authorize a local qualified historic site license fee up to a maximum that matches the state fee; amend KRS 243.082 to merge state park NQ1 license language with that of the other types of NQ1 licensees; amend KRS 243.084 to authorize a marina NQ2 retail drink license; amend KRS 243.086 to permit a bed and breakfast NQ3 retail drink license; limit bed and breakfast drink sales to paid overnight guests; amend KRS 243.090 to make most local alcohol licenses expire on the same date as the corresponding state license; prorate the cost of a local license in the first year to allow the local license to synchronize with the state license; amend KRS 243.130, 243.155, and 243.157 to allow employees of distillers, rectifiers, wineries, small farm wineries, and microbreweries to sample their employer's products for purposes of education, quality control, and product development; enable small farm wineries to enter into "custom crush" agreements with one another; clarify that a small farm winery may sell and serve its products by virtue of a precinct election; permit a small farm winery to sell its wine products that are unmarketable as wine to a distiller; prohibit the location of a microbrewery in moist territory; amend KRS 243.230 to remove the city population threshold for quota retail drink licenses; amend KRS 243.450 to indicate that a state administrator may deny a license if the applicant is a delinquent taxpayer; amend KRS 243.500 to exempt lawful pari-mutuel betting or charitable gaming from the list of prohibited gambling offenses by a licensee; amend KRS 243.540 to make the license termination provisions apply to a default under a lease or security agreement; describe how a landlord or creditor may dispose of alcoholic beverages in its possession; amend KRS 243.630 to define "transfer" to include the transfer of a business and license to a different premises; create a new section of KRS Chapter 244 to forbid any person to possess, sell, offer for sale, or use any powdered or crystalline alcoholic beverage product; amend KRS 244.110 to limit entrance requirements to only quota retail drink and package licenses; amend KRS 244.130 to allow a distiller to provide free production by-products and non-alcoholic merchandise worth up to $25 per item for a distillery tour or event conducted by a church or charitable organization; amend KRS 244.240 to permit distillers, rectifiers, wineries, and wholesalers to give discounts in the usual course of business if the same discounts are offered to all licensees of the same license type buying similar quantities; amend KRS 244.290 and 244.480 to make a local ordinance limiting election day alcohol sales effective only if the ordinance was adopted after June 25, 2013; require a retail drink licensee in territory with Sunday distilled spirits and wine sales to acquire the Sunday license before conducting the sales; amend KRS 244.360 to set rules for a licensee to display its license number on its licensed premises; amend KRS 242.1244, 243.034, 243.050, 243.075, 243.260, 243.882, 244.050, and 83A.022 to conform; repeal KRS 241.075, 242.127, 242.129, 243.031, 243.072, 243.460, 243.505, 243.510, 243.892, and 244.295. SCA2 (Schickel, John) - Make title amendment. History Tuesday, March 24, 2015 - to Rules (H) Tuesday, March 24, 2015 - received in House Tuesday, March 24, 2015 - passed 31-7 with Committee Substitute (2), committee amendment (2-title) Tuesday, March 24, 2015 - committee amendment (1-title) withdrawn Tuesday, March 24, 2015 - Committee Substitute (1) withdrawn Tuesday, March 24, 2015 - 3rd reading Tuesday, March 24, 2015 - posted for passage in the Consent Orders of the Day for Tuesday, March 24, 2015 Tuesday, March 24, 2015 - reported favorably, to Rules with Committee Substitute (2), committee amendment (2-title) as a Consent Bill Tuesday, March 24, 2015 - recommitted to Licensing, Occupations, & Administrative Regulations (S) Tuesday, March 24, 2015 - taken from the Regular Orders of the Day Monday, March 23, 2015 - passed over and retained in the Orders of the Day Monday, March 23, 2015 - posted for passage in the Regular Orders of the Day for Monday, March 23, 2015 Wednesday, March 11, 2015 - 2nd reading, to Rules Tuesday, March 10, 2015 - reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title) Tuesday, March 3, 2015 - to Health & Welfare (S) Friday, February 27, 2015 - received in Senate Thursday, February 26, 2015 - 3rd reading, passed 90-1 Wednesday, February 25, 2015 - taken from the Consent Orders of the Day, placed in the Regular Orders of the Day for Friday, February 27, 2015 Wednesday, February 25, 2015 - posted for passage in the Consent Orders of the Day for Friday, February 27, 2015 Wednesday, February 25, 2015 - 2nd reading, to Rules Monday, February 23, 2015 - reported favorably, 1st reading, to Consent Calendar Tuesday, February 3, 2015 - posted in committee Tuesday, January 6, 2015 - to Health & Welfare (H) Tuesday, January 6, 2015 - introduced in House Friday, December 5, 2014 - Prefiled by the sponsor(s). SB 26(BR-113)/LM(click bill number to view bill details.)
Title: AN ACT proposing an amendment to Section 145 of the Constitution of Kentucky relating to persons entitled to vote. Sponsor(s): Buford , Tom Current Status: to State & Local Government (S) In Senate Summary: Propose to amend Section 145 of the Constitution of Kentucky to restore the right to vote to persons convicted of a felony after service of their sentence, expiration of probation, or final discharge from parole, unless the offense was treason, intentional murder, rape, sodomy, sexual abuse of a child, bribery in an election, or another crime specified by the General Assembly; delete language in the 1891 Constitution referring to persons as "idiots and insane persons"; submit to the voters for ratification or rejection. Amendments There are No Amendments for this Bill. History Tuesday, February 3, 2015 - to State & Local Government (S) Tuesday, January 6, 2015 - introduced in Senate Wednesday, November 12, 2014 - To: Interim Joint Committee on State Government Thursday, October 23, 2014 - Prefiled by the sponsor(s). |
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December 2015
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