Some Prefiled Bills for 2006 Legislature filed in Sept, 2005

Bills (of possible interest to lawyers) with sponsor and date of prefiling:

• BR 212 - Representative Stan Lee (09/26/05)

       AN ACT relating to crimes and punishments.
       Amend KRS 525.110 to prohibit the desecration of the national or state flag under circumstances likely to produce an imminent breach of the peace.

• BR 347 - Senator Elizabeth Tori (09/23/05)

       AN ACT relating to military service members and their families and declaring an emergency.
       Create new sections of KRS Chapter 36 to establish the military family assistance trust fund; provide that the trust fund consists of moneys collected from grants, contributions, and appropriations; create the Military Family Assistance Trust Fund Board to oversee the administration of the fund; direct the adjutant general to administer the trust fund; establish eligibility requirements for Kentucky National Guard and Reserve families; require the Department of Military Affairs to establish a Mission: Welcome Home Program for members of the Kentucky National Guard returning from deployment overseas; amend KRS 198A.080 to require the Kentucky Housing Corporation to make low-interest loans to a member of the Kentucky National Guard on federal activity and during the six months following deployment; amend KRS 199.8994 to assist a member of the Kentucky National Guard or Reserve with child day care while that service member is on federal active duty; amend KRS 18A.190 to permit a state employee who is a spouse of a member of the United States Armed Forces, including a member of the Kentucky National Guard or Reserve, one day off from work with pay when the service member is deployed overseas and one day off from work with pay when the service member returns from deployment; amend KRS 159.035 to permit an elementary or secondary school student an excused absence when that student's parent is a member of the United States Armed Forces and is deployed overseas and when that student's parent returns from deployment; amend KRS 403.340 to provide that when a parent or de facto custodian is a member of the United States Armed Forces and is deployed overseas, any change in child custody based in whole or in part on that deployment shall be temporary; amend KRS 341.370 to prohibit unemployment benefit disqualification of a spouse who leaves employment because of a military transfer; create a new section of KRS Chapter 40 to require the Kentucky Department of Veterans' Affairs to apply one month of state disability compensation to a disabled veteran prior to the start of federal disability compensation; create a new section of KRS Chapter 40 to require the Kentucky Department of Veterans' Affairs to employ no fewer than five veterans' benefits regional administrators and no fewer then twenty veterans' benefits field representatives; EMERGENCY.

• BR 356 - Representative John Vincent (09/20/05)

       AN ACT relating to county attorneys.
       Create a new section of KRS 403.715 to 403.785 to allow county attorneys to represent domestic violence petitioners; amend KRS 69.210 to conform.

• BR 299 - Senator Daniel Mongiardo (09/19/05)

       AN ACT relating to termination of parental rights.
       Amend KRS 625.090 to allow a parent's illegal use of a controlled substance while a child is in utero which causes a child to suffer physical injury after birth to qualify as a basis for termination of parental rights.

• BR 298 - Senator Daniel Mongiardo (09/19/05)

       AN ACT relating to jury service.
       Amend KRS 29A.130 to cap a person's maximum liability for jury service at six months for every two years of eligibility.

       AN ACT relating to electronic health information.
       Amend KRS 216.267 to require any model chosen for the Kentucky e-Health Network to have the capability of supporting electronic registries for living wills executed under KRS 202A.420 to 202A.432 or 311.621 to 311.643 and organ donations executed under KRS 311.165 to 311.235; and include the support of these registries as components of the Kentucky e-Health Network in its fully implemented form.

  BR 220 - Senator Denise Harper Angel (09/16/05)
• BR 303 - Representative John Vincent (09/15/05)

       AN ACT relating to credit reports.
       Create new sections of KRS Chapter 367, pertaining to security alerts and security freezes on credit reports; permit a consumer to request a security alert to be placed on a consumer file that is sent to a recipient of a consumer report signifying the fact that the consumer's identity may have been used without the consumer's consent to fraudulently obtain goods or services in the consumer's name; require the security alert to remain in effect for no less than ninety days; permit a consumer to place a security freeze on the consumer's credit report to prohibit release to a third party of any information in the credit report without prior express authorization from the consumer; require the consumer reporting agency to provide the consumer with a personal identification number or password to be used by the consumer to access his or her credit file while the security freeze is in effect; provide for a procedure to permit the consumer to temporarily lift the security freeze; require a security freeze to remain in effect until the consumer requests that the freeze be removed; prohibit application of a security freeze to consumer reports provided to certain entities; permit a consumer reporting agency to impose a reasonable fee for initially placing a security freeze which may not exceed ten dollars; allow a fee of up to eight dollars per request for a temporary lifting of the security freeze; permit these fees to be adjusted for inflation; prohibit any fee if the consumer is sixty-two years of age or older or if the consumer is a victim of identity theft and has a valid police report; permit a consumer damaged by intentional or negligent violation of this Act to bring an action for actual damages, plus reasonable attorney fees, court costs, and other reasonable costs of prosecution of the suits; declare that violation of this Act is an unfair, false, misleading, or deceptive act or practice in the conduct of trade or commerce in violation of KRS 367.170 enforceable by the Attorney General.

• BR 91 - Representative Mike Cherry (09/14/05)

       AN ACT relating to unlawful practices by employers.
       Amend KRS 344.040 to provide that it is an unlawful practice for an employer to use the genetic test result of an individual in hiring, firing, and other employment decisions; and provide that it is an unlawful practice for an employer to require genetic testing as a condition of employment for any employee or applicant for employment.

• BR 314 - Representative Bill Farmer (09/12/05)

       AN ACT relating to the right of privacy.
       Create new sections of KRS Chapter 435 to criminalize the use of a person's name, portrait, or photograph for advertising and other purposes without consent, provide an exception for news media; authorize the bringing of a civil action for use of a person's name, portrait, or photograph for advertising without consent.

• BR 308 - Representative Adrian K Arnold (09/08/05)

       AN ACT relating to the investigation of traffic accidents.
       Amend KRS 189A.103, relating to consent to tests for alcohol or substances in the blood, to require that law enforcement officers request to perform blood and urine tests on all drivers involved in any accident that involves a school bus or involves a fatality; treat refusal to submit to test in this circumstance as refusal to comply with the chapter; amend KRS 189.580, 189.635, and 281A.220 to conform.

• BR 113 - Representative Larry Clark (09/08/05)

     AN ACT relating to caregivers.
     Create a new section of KRS Chapter 405 to require the Cabinet for Health and Family Services to create the KinCare Support Program; establish services provided by the program; create a new section of KRS Chapter 405 to require the cabinet to create and make available an affidavit a establishing caregiver's authority to consent to medical treatment for a minor and to make school-related decisions for a minor; require the Department of Education to establish the terms of the affidavit concerning a caregiver's authority to make school-related decisions; establish information to be contained in the consent affidavit; make affidavit valid for one year and allow renewal for additional one year periods; allow a parent or legal guardian to supersede a decision of a caregiver for medical treatment of a minor; exempt a person who relies in good faith on a duly executed affidavit in providing medical treatment for a minor from civil or criminal liability or professional disciplinary action; allow affidavit to be revoked by parent and require affidavit to be revoked if the minor to whom the affidavit applies ceases to reside with the caregiver; establish a Class A misdemeanor for a person giving false information on the affidavit; create a new section of KRS Chapter 158 to allow a caregiver to make school-related decisions for a minor, including but not limited to decisions concerning enrollment, attendance, extra-curricular activities, and discipline, if the caregiver presents the school with a duly executed affidavit; allow a school official to not honor an affidavit if he or she has reasonable ground to believe the affidavit is presented solely for the purpose of enrolling the minor in school for the purpose of accessing athletic programs or curricula, services, or programs unique to a particular school; clarify that the affidavit shall not supersede federal education provisions; and permit the department to promulgate administrative regulations in accordance with KRS Chapter 13A to properly carry out the provisions of the affidavit.