2017 Interim LEGISLATIVE Volume 30, No. 1 April 2017 * Read online at www.lrc.ky.gov/legislation.htm RECORD 2017 session produces sweeping results by Rebecca Hanchett LRC Public Information Senate President Pro Tem FRANKFORT – The 2017 regular ses- David Givens, sion of the Kentucky General Assembly ended R-Greensburg, at March 30 shortly before midnight after months left, speaks with of work that led to passage of over 190 bills that Sen. Gerald Neal, will impact most areas of Kentucky life, from D-Louisville, public education to the fight against drug abuse. before a vote on Most new laws – those that come from leg- a bill during the islation that don’t contain emergency clauses or 2017 Regular different specified effective dates – will go into Session of the effect on June 29. Kentucky General A partial list of bills approved this year by Assembly. The the General Assembly include measures on the session ended on following topics: March 30. Abortion. Senate Bill 5 prohibits abor- tions in Kentucky at or after 20 weeks of preg- nancy. The prohibition does not apply in cases pendent boards. A local board’s decision regard- ties, as of Jan. 1, 2019. The legislation is designed where an abortion is required to save the life or ing charter schools could be overridden by the to meet anti-terrorism standards in the federal prevent serious risk of permanent bodily harm state school board, although the courts could be REAL ID Act passed by Congress in 2005. It also to the mother. called on to review the state board’s action. Also spells out rules for issuing a “standard” driver’s Autopsy photos. House Bill 67 will limit included are provisions requiring that teachers license, permit or state personal ID card. distribution of autopsy photos, videos or other and administrators hired to work at the charter Education reform. SB 1 will create new autopsy images to law enforcement, attorneys schools be state-certified and that the mayors of rules for how students are taught and tested and or others with a right to the information. The Louisville and Lexington be allowed to authorize how teachers are evaluated in Kentucky public measure, named Jack’s Law, honors a Kentucky charter schools in their cities upon request. schools. The legislation will require a review of child killed in an accident whose autopsy photos Coal fields. HB 156 establishes the Ken- academic standards in the schools beginning were distributed to the media against his par- tucky Coal Fields Endowment Authority to next school year and every six years thereafter ents’ wishes. fund improvements to infrastructure, water, while implementing a performance-based as- Bible literacy. HB 128 will allow schools economic development, public health and tech- sessment of student learning and new bench- to offer an elective social studies course on the nological access in the east and west Kentucky marks for measuring college and career readi- Bible that teaches biblical content, characters, coal regions. Improvements will be funded with ness. poetry and narratives and their impact on to- $7.5 million in state coal severance dollars, and Emergency vehicles. HB 74 will only allow day’s world. projects will be selected based on their economic white light to be emitted from motor vehicle (in- Charter schools. HB 520 will allow pub- development and job creation potential and their cluding motorcycle and moped) headlamps, al- licly funded charter schools to operate in Ken- ability to be self-sustaining. though non-halogen headlamps will be allowed tucky beginning next school year. Local school Driver’s licenses. HB 410, known as the to emit a slight blue tint if they were factory-in- boards would be allowed to authorize an un- REAL ID Bill, will create a voluntary travel ID or stalled. The intent of the bill is to make it easier limited number of the schools, which will be enhanced driver’s license to board airplanes and established by contract and governed by inde- enter federal facilities, including military facili- Continued on page 2 THE KENTUCKY GENERAL ASSEMBLY 1 Session, from page 1 House Speaker for motorists to distinguish emergency vehicles Jeff Hoover, from non-emergency vehicles. Fines will be lev- R-Jamestown, at left, ied for violations. discusses a matter Fentanyl and other opioids. HB 333 would with House Minority create strong penalties for trafficking any amount Floor Leader Rocky of heroin, fentanyl, carfentanil and fentanyl de- Adkins, D-Sandy rivatives that are destroying Kentucky lives and Hook, at the front of families. It would also clarify definitions and the House chamber requirements for the prescription of controlled during the 2017 substances, define prescribing authority within Regular Session long-term care facilities, and allow the Cabinet of the Kentucky for Health and Family Services Office of Inspec- General Assembly. tor General to investigative patterns of prescrib- The session ended ing and report irregularities to appropriate au- on March 30. thorities. Hate Crimes. HB 14 will allow an attack on a first responders, such as police, fire fighters and EMTs, to be considered a hate crime. Current state law considers it a hate crime if an attack is based on the victim’s race, color, religion, sexual orientation, or national origin. Hemp. SB 218 is designed to improve the Nuclear power. SB 11 will allow construc- to express their religious and political views in state’s industrial hemp production program, first tion of nuclear power plants in Kentucky after their school work, artwork, speeches and other established in 2014. This year marks the Com- vetting by the federal government and state of ways. monwealth’s largest industrial hemp crop under Kentucky. It also changes requirements for a pro- Retirement transparency. SB 3 requires the program with more than 12,000 acres ap- spective nuclear power plant’s handling of nuclear that the retirement benefits of current and proved for production. waste, requiring plants to have an approved plan former General Assembly members be made Juvenile offenders. Senate Bill 195 will help for nuclear waste storage instead of a federally-ap- public. Disclosure would include the member’s some juvenile offenders have their criminal re- proved means of high-level nuclear waste disposal name and estimated or actual monthly allow- cords expunged. Currently, children convicted of before they can be certified. ance. a misdemeanor must go through a court process Playground safety. HB 38 will ban regis- Right to work. HB 1—the House major- to have their records expunged. Senate Bill 195 tered sex offenders from public playgrounds un- ity’s top priority for this session—makes Ken- will create a process for expungement of felo- less they have advanced written permission to be tucky the 27th state nationally to enact right- ny juvenile records two years after the offender on site by the local government body (city council, to-work legislation. It prohibits Kentuckians reaches adulthood or is released from commit- etc.) that oversees the playground. from being required to join labor unions as a ment. However, anyone who has convictions for Postsecondary education. SB 153 will es- condition of employment. felony or public offenses in the two years prior to tablish performance-based funding for state col- School calendars. SB 50 will allow school applying for expungement or who has pending leges and universities by basing state funding for districts to use a “variable student instruction- charges would not be eligible for expungement. all but mandated programs on the schools’ student al year” that would require the same hours of Labor unions. SB 6 requires public or pri- success rate, course completion, and operational instruction now required by law but allow for vate employees (with some exceptions under fed- needs. fewer school days than the minimum of 170 eral law) to request membership in a labor union Prevailing wage repeal. HB 3 repeals the days that the law requires. Districts could in- in writing before they can be enrolled in that or- state’s prevailing wage law that dictates the hourly stead use the variable schedule beginning with ganization. It also specifies that dues or fees paid base wage for construction workers hired for cer- the 2018-19 school year if their first day of in- to labor organizations cannot be withheld from tain public works projects. struction is on or after the Monday closest to earnings without employee approval. Existing Primary care agreements. SB 79 will allow Aug. 26. agreements between employers, employees and patients to enter into contracts with their primary Ultrasounds during pregnancy. HB 2 labor unions made before the legislation takes care provider that spell out services to be provided requires a woman seeking an abortion to have effect would be exempt. for an agreed-upon fee over a specific period of an obstetric ultrasound of her baby explained Medical malpractice. SB 4 requires peer time. The “direct primary care membership agree- to her by her health care provider before she review of medical malpractice complaints by ment” would not require a patient to forfeit pri- could give required informed consent for an medical review panels before medical malprac- vate insurance or Medicaid coverage. abortion. tice cases could go to court. A complaint can by- Religious freedom. SB 17 will specify in Women could decline to see the ultra- pass the panel and go directly to court only by statute that Kentucky public school and public sound image or hear the fetal heartbeat if they agreement of all parties. college and university students have the legal right choose. 2 2017 Interim LEGISLATIVE RECORD Lawmakers approve justice reform bill by Jim Hannah He said SB 120 was the result of seven dealt with two major societal issues: public safe- LRC Public Information months of work by the Criminal Justice Policy ty and jobs.