Kentucky Law Review

BILLS: Legislation introduced regulating Chief Justice's control over circuit court clerk salaries and not-for-profit solicitation

Two recent pieces of legislation introduced in Frankfort:

• House Bill 9 (Remove control of circuit court clerk salary from Chief Justice)
  Introduced by Rep. Brent Yonts on January 6, 2009, to require maximum salaries of circuit court clerks to be the same as that of county judges/executive, county clerks, jailers who operate a full service jail, and sheriffs based on the compensation schedule in KRS 64.5275. This bill would remove control of circuit court clerk salary from the Chief Justice except in cases of actual misfeasance or malfeasance while in office.
  
  
• Senate Bill 8 (Require notification of for-profit status of donation-accepting organizations)
  Introduced by Sen. Tom Buford on January 6, 2009, to require for-profit organizations that collect donated items for future resale permanently affix to any collecting bin or receptacle the name and the telephone or email address of the collector and a statement indicating that donations are not tax deductible charitable contributions.
  
  

LEGISLATIVE NEWS: New laws to take effect on July 15

From the state LRC:

New laws to take effect on July 15

FRANKFORT — Most new laws approved during the Kentucky General Assembly’s 2008 regular session will go into effect on July 15.

According to the Kentucky Constitution, bills that don’t contain emergency clauses or specify delayed effective dates go into effect 90 days after a legislative session ends.

The General Assembly wrapped up the 2008 session on April 15.

New laws slated to go into effect on July 15 include measures on:

Adventure Tourism. Senate Bill 196 will boost the Kentucky's adventure tourism industry by allowing the state to enter agreements with private property owners for the use of their land for recreational activities. The agreements would allow property owners to permit public use of the land without facing the liability issues they otherwise would.

Alcohol vaporizers. House Bill 202 will ban the sale, purchase or use of alcohol vaporizing devices, which can be used to inhale intoxicating fumes of alcohol.

Amusement park safety. SB 203 will require more frequent inspections of amusement park rides and prevent anyone under 18 from operating the rides.

Animal cruelty. SB 58 will increase penalties for those who torture dogs or cats. Causing physical injury to a dog or cat as a result of torture would be a Class A misdemeanor that carries up to a year in jail, while causing serious physical injury or death would be a Class D felony punishable by 1-5 years in prison. Currently, all torture cases involving a dog or cat are Class A misdemeanors for a first offense.

Blood donations. HB 139 will allow 16-year-olds who weigh at least 110 pounds to donate blood with written parental or legal guardian consent. The bill was crafted to help address blood shortages.

Booster Seats. SB 120 will require young children who are too big for infant car seats to be placed in booster seats when riding in vehicles. The bill states that children under 7 years old and between 40-50 inches tall must use the boosters. (Police will only issue courtesy warnings to violators until July 1, 2009. After that, a violator will face a $30 fine, which can be dismissed if the violator shows proof that a booster seat has been acquired.)

Bullying. HB 91 will require local school authorities to alert law enforcement when school harassment involves a potential felony. Yearly reports on school harassment will be made to the Department of Education and the Legislature.

Early voting. HB 479 will give citizens greater access to the voting process by allowing them to request absentee ballot applications via email. The bill also allows members of the military to return unused absentee ballots and still be allowed to vote on Election Day.

Elections. HB 370 will erase the requirement that runoff elections be held in gubernatorial primary races if no candidate receives at least 40 percent of the vote.

Golden alert. SB 125 will create a "Kentucky Golden Alert" to make local media aware when an impaired adult, such as a person with Alzheimer's, is reported missing. The program will be similar to the Amber Alert program, in which cases of missing children are publicized so that more people will be on the lookout for the missing person.

Military. HB 168 will allow active duty military serving outside the state up to 90 days to renew their driver's licenses after returning to Kentucky. They could not be cited for driving without a license during that period.

Sex offenders. HB 211 will broaden Kentucky's child sex abuse laws while increasing penalties for abusers and those who fail to report abuse. The bill will include older children under state laws that protect minors from first-degree sexual abuse by raising the age of children covered by the law from 12 to 16, or 16 to 18, if the perpetrator is in a position of trust or authority.

Stolen Valor Act. HB 110 will make it a Class A misdemeanor for anyone to falsely apply for a special military license plate or misrepresent current or former military status with an intent to defraud, obtain employment, or be elected or appointed to public office.

TORTS: Legislation for loss of spousal consortium will be up before the legislature again

This matter of creating a recovery for the loss of a spouse's companionship and affection and not just limiting the claim of the estate for the loss of income went before the legislature last year --- and was unsuccessful.  The fight is NOT over and is being renewed again.  I am posting the entire story from Herald Leader online because its time has come:

Widows of victims seeking redress

Last year, the state Senate killed a bill that would have allowed spouses to sue for loss of companionship.

Since that time, 15 estates of 49 passengers aboard Comair Flight 5191 have settled with the Northern Kentucky carrier for undisclosed amounts.

But none of the families of the victims of the flight, which crashed shortly after takeoff from a too-short runway at Blue Grass Airport on Aug. 27, 2006, have been awarded loss-of-companionship damages, a legal claim commonly referred to as loss of consortium.

Kathy Ryan, wife of crash victim Michael Ryan, says the law should be changed. For the second time in two years, she plans to pursue legislation to change civil justice laws in Kentucky so spouses can pursue that claim. Kentucky is one of only four states that do not allow the claim, Ryan said.

Ryan, a lawyer, says the law is inconsistent: Children can sue for loss of companionship if they lose their parents, but spouses cannot.

LEGISLATURE: "Stein takes lead on teacher-student sex bill" CINCY ENQ.

Stein takes lead on teacher-student sex bill

FRANKFORT - A key lawmaker will champion proposed legislation that would criminalize sex between teachers and older teens who are not protected by Kentucky's age-of-consent law.

LEGISLATION: "An effort to outlaw 'robo-calls'"

An effort to outlaw 'robo-calls' HERALD LEADER

Jimmy Higdon is sick of those automated political telephone calls that always reach an irksome peak as Election Day nears.  A Kentucky lawmaker, Higdon, R-Lebanon, isn't just swearing them off in his own re-election bid. He's pushing for a law to outlaw them altogether. CLICK ON HEADING FOR ENTIRE STORY.

New Law Eases Paperwork for Charities with Limited Gaming

New Law Eases Paperwork for Charities with Limited Gaming

A new law eases reporting requirements for charities that have limited gaming activities.

Laws: Bunches of Laws go into effect on June 26 - Here's a list from the LRC with links to the statutes a' la www.KentuckyVotes.org

New laws approved during the Kentucky General Assembly's 2007 session go into effect on June 26.

            

Among the measures slated to take effect that day are laws that will raise the minimum wage, make human trafficking a felony and give the Transportation Cabinet authority to raise speed limits on interstate highways and parkways.

   

The Kentucky Constitution says that legislation approved by the General Assembly goes into effect as state law 90 days after a legislative session ends, unless a bill specifies a different effective date or contains an emergency clause that makes it effective as soon as it is signed by the governor.

 

New laws going into effect on June 26 include measures on the following issues [click on the link/title for further info on the bill from www.kentuckyvotes.org!]

 

Assistance dogs. Senate Bill 23 will prohibit the denial of emergency medical treatment to an assistance dog because of a handler's inability to pay prior to treatment.

Bluegrass music. House Bill 71 will designate bluegrass music as the official state music of Kentucky.

Deceptive business practices. HB 246 will prohibit flower shops from misrepresenting their business locations in telephone directories.

Human trafficking. SB 43 takes aim at human trafficking by making it a felony in Kentucky to force someone into labor, domestic work or the sex trade.

Jury duty. SB 111 will allow a mother who is breastfeeding a child to be excused from jury duty.

License plates. HB 390 will eliminate all fees for special Gold Star Mothers license plates that are available to mothers who lost a son or daughter in service to the United States.

Methamphetamine lab cleanup. HB 94 will establish standards and procedures for authorities to follow to ensure proper cleanup of the toxic materials left behind by illegal methamphetamine labs.

Minimum Wage. HB 305 will increase the current minimum wage of $5.15 by $2.10 over the next two years. The legislation requires that the state's minimum wage increase to $5.85 on June 26; $6.55 on July 1, 2008; and $7.25 on July 1, 2009. If the federal minimum wage is increased beyond the amounts called for in HB 305, Kentucky's minimum wage will mirror the federal level.

Military burial. HB 280 will require that a funeral director involved in arrangements for a deceased veteran provide a fact sheet stating military burial rights.

School bus safety. HB 230 will prohibit school bus drivers from using cell phones while transporting students. Exceptions would be made for drivers without two-way radios who need to communicate with their dispatchers and in times of emergency.

Sex offender registry. SB 65 will require registered sex offenders to include their e-mail, instant message and other Internet identities on the state's sex offender registry.

Speed limits. SB 83 will allow the Transportation Cabinet to increase the speed limits on interstates and parkways in Kentucky to 70 miles per hour in areas where it is determined that vehicles can travel safely at that speed.

Veterans' families. HB 128 will expand the eligibility for education benefits available to family members of deceased or disabled veterans.

2007 Legislature: LAST Legislative Watch for the Session

The 2007 regular session of the Kentucky General Assembly adjourned for good Tuesday, with handful of high-profile bills still unacted upon, a special session to deal with at least one of those unresolved issues possible, but more than a hundred other bills passed in 30 days of work in Frankfort.

Among the unresolved: A Senate plan to bail out the state's troubled pension fund, and restoration of bonded funding for numerous projects statewide vetoed by the governor in 2006. The House said it needed more time to thoroughly study the pension proposal; the Senate in turn felt it couldn't approve more than $300 million in bonded indebtedness for those projects unless the multi-billion dollar unfunded liability in the retirement system was addressed.

The governor has said he will call a special session to pass a pension fix, but has given no timetable. Legislative leaders say any such call should only come after some agreement is reached between the chambers on a course of action.

The retirement-plan impasse between the House and Senate hung over the session's final days, and some high-profile pieces of legislation died in conference committees as the chambers negotiated -- although the so-called Boni Frederick Bill aimed at improving job safety for social workers did survive and pass in an amended form after an agreement was reached on the session's last day.

2007 House Bill 83 (Require certain accountings of testamentary trustees) signed into law

2007 House Bill 83 (Require certain accountings of testamentary trustees)

[History, Amendments & Comments] [Text and Analysis]

Introduced in the House on January 2, 2007, to require testamentary trustees to render certain accountings. The bill would exempt banks and trust companies.

• Passed in the House (98 to 0) on February 27, 2007, to require testamentary trustees to render certain accountings. The bill would exempt trust companies. [Vote Details and Comments]
• Received in the Senate on February 28, 2007.
• Passed in the Senate (38 to 0) on March 9, 2007, to require testamentary trustees to render certain accountings. The bill would exempt trust companies. [Vote Details and Comments]
• Received in the House on March 9, 2007.
• Signed by Gov. Ernie Fletcher on March 21, 2007.

Thanks to www.kentuckyvotes.org for this update!

2007 Senate Bill 68 (Restate prohibition on driving without insurance) signed into law.

2007 Senate Bill 68 (Restate prohibition on driving without insurance)

[History, Amendments & Comments] [Text and Analysis]

• Introduced by Sen. Ray S Jones, II on January 5, 2007, to restate and alter the existing prohibition on a person operating a motor vehicle without proper insurance.
• Passed in the Senate (36 to 0) on February 15, 2007, to restate and alter the existing prohibition on a person operating a motor vehicle without proper insurance. This bill extends the requirement for proper insurance coverage from the owner of a motor vehicle to owner or operator. [Vote Details and Comments]
• Received in the House on February 16, 2007.
• Passed in the House (97 to 0) on March 8, 2007, to restate and alter the existing prohibition on a person operating a motor vehicle without proper insurance. [Vote Details and Comments]
• Received in the Senate on March 9, 2007, to restate and alter the existing prohibition on a person operating a motor vehicle without proper insurance. This bill extends the requirement for proper insurance coverage from the owner of a motor vehicle to owner or operator. Passed in the Senate (37 to 0) on March 9, 2007. [Vote Details and Comments]
• Signed by Gov. Ernie Fletcher on March 21, 2007

thanks to www.kentuckyvotes.org for this update.