Summaries of Senate Bills Sponsored
by Denise Harper Angel
2007 Kentucky General Assembly
SB
5/LM (BR 148) - E. Scorsone, W. Blevins Jr, D.
Boswell, J. Carroll, P. Clark, D. Harper Angel, D. Mongiardo, G. Neal, J. Pendleton, J.
Rhoads, D. Ridley, T. Shaughnessy
AN
ACT relating to the minimum wage.
Amend KRS 337.275 to increase the state minimum wage
to $5.85 an hour on the effective date of this Act, to $6.55 an hour effective
July 1, 2008, and to $7.25 an hour effective July 1, 2009; and increase to the
federal minimum wage rate if that rate exceeds the state minimum wage rate.
SB
11 (BR 252) - D. Harper Angel
AN
ACT relating to the designation of the Louisville Orchestra as the official
state orchestra.
Create a new section of KRS Chapter 2 to designate the
Louisville Orchestra as the official state orchestra
SB
15 (BR 408) - G. Neal, D. Harper Angel, J. Pendleton
AN
ACT proposing an amendment to Sections 145 and 150 of the Constitution of
Kentucky relating to the restoration of civil rights for felons.
Propose an amendment to Section 145 of the Kentucky
Constitution, pertaining to persons entitled to vote, to require automatic
restoration of civil rights, under specified circumstances, for persons
convicted of felonies by distinguishing the requirements therefor based upon
the length and completion of prison sentence; propose an amendment to Section
150 of the Kentucky Constitution, pertaining to disqualification and exclusion
from office, to require automatic removal of the disability of certain felons
to serve in public office, under specified circumstances, by distinguishing the
requirements therefor based upon the length and completion of prison sentence.
SB
23 (BR 226) - D. Harper Angel
AN
ACT relating to assistance dogs.
Amend KRS 258.500 to prohibit the denial of emergency
medical treatment to assistance dogs because of their handler's inability to
pay prior to treatment; amend KRS 258.991 to establish penalties for persons
that deny emergency medical treatment to assistance dogs because of their
handler's inability to pay prior to treatment.
SB
24 (BR 267) - D. Harper Angel, D. Boswell, J. Pendleton, J. Rhoads
AN
ACT relating to tax credits for ethanol producers.
Create nonrefundable tax credit for producers of
ethanol, up to a cap of $1,500,000 per year
SB
25/LM (BR 405) - D. Harper Angel, J. Pendleton
AN
ACT relating to nutrition.
Create a new section of KRS Chapter 194A to create the
Kentucky Farmers Market Nutrition Program within the Cabinet for Health and
Family Services for the purpose of enhancing nutrition; require the program to
provide fresh, locally gown produce to low-income seniors and recipients of the
federal Special Supplemental Nutrition Program for women, infants, and
children; require collaboration with the Kentucky Department of Agriculture,
the United States Department of Agriculture Senior Farmers Market Nutrition
Program, the University of Kentucky College of Agriculture Cooperative
Extension, local Area Agencies on Aging, and other private and public entities
to identify funding sources; establish services, develop marketing strategies,
and establish strategies to introduce fresh, locally grown fruits and
vegetables into school nutrition programs; establish the Kentucky Farmers
Market Nutrition Program fund; provide for implementation of services and
marketing upon securing of adequate funding.
SB
33 (BR 469) - D. Harper Angel, D. Boswell, J. Pendleton, J. Rhoads
AN
ACT relating to renewable-fuel vehicles and biofuels.
Create a new section of KRS Chapter 152 to establish a
Biofuels Transportation Grant Program; create a new section of KRS Chapter 45A
to adopt a state government agency purchase preference for biofuel-capable
vehicles; require specified goals for percentages of biofuel-capable vehicles
and biofuel purchases; establish and administer a biofuel vehicle credit
banking and selling program; designate a biofuel resource officer; require
reports of data on biofuel-capable vehicles in state vehicle fleets; amend KRS
176.055 to require inclusion of business logos of biofuel sellers on state
parkway and Interstate highway signs.
SB
43/LM (BR 351) - D. Boswell, D. Harper Angel
AN
ACT relating to human trafficking.
Amend KRS 194A.030 to establish Division of Child
Abuse, Domestic Violence, and Human Trafficking Services within the Cabinet for
Health and Family Services; create a new section of KRS Chapter 194A to set out
the basic operating parameters of the Division of Child Abuse, Domestic
Violence, and Human Trafficking Services; create a new section of KRS Chapter
194A to allow the Division of Child Abuse, Domestic Violence, and Human
Trafficking Services to provide documentation to victims and to coordinate the
provision of certain rights, benefits, and services to victims; create a new
section of KRS Chapter 194A to allow the Division of Child Abuse, Domestic
Violence, and Human Trafficking Services to assist in certain immigration
matters and to prohibit state and local officers from seeking deportation of
victims; create a new section of KRS Chapter 194A to establish a consultative
task force within the Division of Child Abuse, Domestic Violence, and Human
Trafficking Services to examine and develop policies relating to the provision
of services to victims of human trafficking; create a new section of KRS
Chapter 194A to require the Division of Child Abuse, Domestic Violence, and
Human Trafficking Services to develop statistical data relating to human
trafficking; create a new section of KRS Chapter 194A to require the Division
of Child Abuse, Domestic Violence, and Human Trafficking Services to offer
training to participants in the criminal justice system; create a new section
of KRS Chapter 194A to require the Division of Child Abuse, Domestic Violence,
and Human Trafficking Services to develop a public awareness campaign relating
to human trafficking and its negative effects; create a new section of KRS
Chapter 194A to allow the Division of Child Abuse, Domestic Violence, and Human
Trafficking Services to dispense grants; create a new section of KRS Chapter
194A to establish a policy for the Division of Child Abuse, Domestic Violence,
and Human Trafficking Services and the state to seek out various community
groups and entities in developing policies and programs relative to the
prevention of human trafficking; amend KRS 346.050 to specify that victims of
human trafficking may apply for crime victim compensation regardless of the
absence of a police report; create a new section of KRS Chapter 413 to provide
a 10 year statute of limitations for civil suits brought by victims of human
trafficking; amend KRS 338.021 to apply the state's occupational safety laws to
all persons regardless of a person's right to work within the United States;
create a new section of KRS Chapter 422 to create an evidentiary privilege for
human trafficking victim counselors; create a new section of KRS Chapter 431 to
establish a policy of non-incarceration for victims of human trafficking;
create a new section of KRS Chapter 454 to make a human trafficker civilly
liable to the person's victims; create a new section of KRS Chapter 455 to
specify plea provisions in human trafficking cases; create a new section of KRS
Chapter 455 to specify the elements of restitution a victim of human
trafficking may seek; create a new section of KRS Chapter 500 to provide for
forfeiture of human trafficking related to property and proceeds; create a new
section of KRS Chapter 501 to limit the availability of certain defenses in
human trafficking situations; amend KRS 501.090 expand the availability of the
defense of duress to human trafficking victims; create a new section of KRS
Chapter 502 to specify business enterprise liability in human trafficking
prosecutions; amend KRS 506.120 to include the new offense of exploitation of
persons with the criminal syndication statute; amend and create various new
sections of KRS Chapter 529 to create new offenses relating to exploitation of
persons to criminalize forced labor or services; create a new section of KRS
Chapter 529 to create the offense of identity document extortion.
SB
65 (BR 499) - R. Jones II,
W. Blevins Jr, D. Boswell, T. Buford, J. Carroll, D. Harper Angel, R. Palmer II, J. Pendleton, J. Rhoads, D. Ridley, D. Roeding, R. Stivers II, E. Tori, J. Turner
AN
ACT relating to sex offender registration.
Amend KRS 17.500 to include e-mail, instant message,
chat, and other Internet communications identities in the list a registrant information
required to be provided by a sex offender to the sex offender registration
system.
SB
88/LM/CI (BR 1328) - R. Stivers II, D. Harper Angel, R. Jones II, J. Pendleton, J. Rhoads, D. Roeding
AN
ACT relating to drugs.
Amend KRS 218A.010 relating to controlled substances
definitions to define "good faith prior examination" and
"telehealth"; amend KRS 218A.140 relating to controlled substances
offenses to add obtaining or attempting to obtain a prescription for a controlled
substance without a valid practitioner-patient relationship and to add
knowingly assisting a person in obtaining or attempting to obtain a
prescription in violation of the chapter; amend KRS 218A.1402 to broaden the
language of the offense to include criminal conspiracy to violate any section
in the chapter; amend KRS 218A.1404 relating to controlled substance penalties
for situations where no other specific penalty is provided to raise all
offenses to a Class D felony for the first offense and a Class C felony for
each subsequent offense; amend KRS 218A.1446 relating to pseudoephedrine
recordkeeping to change language from "license" to
"permit"; amend KRS 218A.202 relating to the KASPER program to
increase the second and subsequent offense penalty for failure to transmit data
to the cabinet a Class D felony and to change offense from
"knowingly" to "intentionally"; increase the penalty for
unauthorized disclosure of KASPER data for a second and subsequent offense to a
Class C felony and to change offense from "knowingly" to
"intentionally"; create a new section of KRS Chapter 218A to create
the crime of criminal possession of a medical record with intent for the
purposes of obtaining a controlled substance as a Class D felony for the first
offense and a Class C felony for subsequent offenses; create a new section of
KRS Chapter 218A to create the crime of theft of a medical record as a Class D
felony for first offense and a Class C felony for subsequent offenses; create a
new section of KRS Chapter 218A to create the crime of criminal falsification
of a medical record as a Class D felony for the first offense and a Class C
felony for each subsequent offense; amend KRS 315.010 relating to definitions
for the pharmacy laws to add definitions for "good faith prior
examination," "medical history," "medical record," and
"practitioner-patient relationship," and add additional legend
abbreviations to the definition of "prescription drug"; amend KRS
315.035 relating to the application of the Verified Internet Pharmacy Practice
Site to permit the Board of Pharmacy to designate substantially similar
programs as approved; amend KRS 315.0531 relating to out-of-state pharmacies
which do business in Kentucky to require use of Verified Internet Pharmacy
Practice Site seal other approved seal; require return address on packages sent
to Kentucky; permit Board of Pharmacy to waive registration requirements for
businesses with limited transactions; amend KRS 315.320 relating to filling of
prescriptions and licensing matters to delete penalty for a pharmacist or
permitted pharmacy or agent thereof which inadvertently lets a license or
permit lapse for less than 30 days; specify that unless a more specific penalty
applies in KRS Chapter 315 that anyone who uses the Internet to communicate or
facilitate the sale of controlled substances has violated KRS Chapter 218A;
amend KRS 218A.435 relating to asset forfeiture to add forfeited coin or
currency and change distribution formula for assets to 75% to law enforcement
agency or agencies seizing the property; 20% to Commonwealth's or county
attorney prosecuting the case; 5% to the Justice Cabinet for asset forfeiture
training and payments to state and local agencies for programs relative to drug
abuse prevention, treatment, education, and similar purposes; amend KRS
218A.1446 relating to recordkeeping by pharmacies distributing ephedrine,
pseudoephedrine, and phenylpropanolamine to require electronic recordkeeping
and electronic reporting to the state if state funding for the system becomes
available; permit exemptions upon showing of additional cost to the pharmacy.
SB
88 - AMENDMENTS
SCS/LM/CI - Retain original provisions; amend KRS
218A.010 relating to controlled substances definitions to reference persons
authorized by state or federal law in definition of "practitioner";
amend of KRS 218A.1402 relating to conspiracy to commit a controlled substance
offense to clarify that the penalty is the same as that for the underlying
offense; create a new section relating taking medical records to name the
offense "theft of a medical record"; make technical correction; amend
of KRS 315.035 relating to internet pharmacy requirements to apply the
requirement that a pharmacy must do more than 25 percent of its business via the
internet for the Verified Internet Pharmacy Practice Site seal program to
apply; amend of KRS 218A.435 relating to asset forfeiture to change the formula
to 80 to seizing law enforcement agency, 15 to the office of the prosecutor
prosecuting the case or to the Attorney General if the Attorney General
prosecuted the case; make technical correction relating to proceeds from
vehicle sale by a law enforcement agency.
HCS/LM/CI - Retain most original provisions except
modify asset forfeiture distribution formula; amend 218A.202 to prohibit
disclosure of information pursuant to discovery requests or as evidence in
civil action unless otherwise authorized; repeal 218A.435 - Asset forfeiture
trust fund.
SB 104 (BR 284) - J. Denton, W. Blevins Jr, P. Clark, D. Harper Angel, G. Neal, J. Pendleton, J. Rhoads, D. Roeding
AN
ACT relating to mental illness.
Amend KRS 210.365 to define crisis intervention team
training for law enforcement officials based on a national model of best
practices for intervention with persons who may have a mental illness, substance
abuse disorder, mental retardation, developmental disability,or dual diagnosis;
require the Department for Mental Health and Mental Retardation Services to
develop the training curriculum in collaboration; specify curriculum topics and
trainers; require the department to submit the curriculum and non-law
enforcement trainers to the Kentucky Law Enforcement Council for approval and
permit Council to waive instructor requirements for non-law enforcement
trainers; require Council to notify of availability of training and permit
other approved training entities to use curriculum as specified; require
submission of a law enforcement instructor training course; require trained
officers and agencies to report outcomes of encounters with persons with mental
illness, substance abuse disorders, mental retardation, developmental
disability, or dual diagnoses and require department to aggregate reports and
submit to Justice Cabinet, Cabinet for Health and Family Services, Criminal
Justice Council, and Interim Joint Committee on Health and Welfare; permit use
of public or private funds if available and permit department to use a sole
source contract to implement training and requirements.
SB 121/LM
(BR
1139) - J. Denton, D. Boswell, D. Harper Angel
AN
ACT creating a crime victim address protection program within the Department of
State.
Create various new sections in KRS Chapter 14 to
establish a crime victim address protection program for victims of domestic violence
and abuse, stalking, and felony sexual offenses which would allow crime victims
to use an address provided by the Secretary of State in lieu of the
person's
actual physical address for the purpose of receiving mail and to allow crime
victims to access government services based upon their actual address but
utilizing the program's address on government records and documents, including
the right to vote.
SB 157/CI (BR 1887) - J. Denton, D. Harper Angel
AN
ACT relating to criminal nonsupport.
Amend KRS 530.050 relating to criminal nonsupport to
remove the provision that a spouse be indigent before support is owed and to
include an ex-spouse within the coverage of the statute.
SB 203 (BR 1691) - J. Turner, J. Denton, P. Clark, D. Harper Angel, R. Jones II, D. Mongiardo, G. Neal, D. Seum, T. Shaughnessy
AN
ACT relating to workers' compensation self-insurance and declaring an
emergency.
Amend KRS 342.340 relating to workers' compensation
self-insurance, to exempt public sector self-insured employers from the
requirement to post security, indemnity or bond to secure workers' compensation
liabilities if the public employer has authority to raise taxes or tuition,
issue bonds, raise fees, or has other authority to generate funds; EMERGENCY.
SB 219 (BR 1961) - D. Harper Angel
AN
ACT relating to individuals with disabilities.
Create a new sections of KRS 194A to include
legislative findings to support the implementation of a Medicaid Buy-In program
for individuals with disabilities; require the Cabinet for Health and Family
Services to implement program.
SJR
6 (BR 435) - D. Harper Angel
Direct the Kentucky Office on Alzheimer's Disease and
Related Disorders and the Alzheimer's Disease and Related Disorders Advisory
Council within the Cabinet for Health and Family Services to assess the impact
of Alzheimer's disease on Kentuckians, to examine the existing services and
resources addressing the needs of persons with Alzheimer's, and to develop a
strategy to mobilize a state response to meet those needs; require the council
to submit a report of its findings and recommendations to the Kentucky General
Assembly and the Governor no later than January, 2008.
SJR
16 (BR 842) - G. Neal, T. Shaughnessy, P. Clark, D. Harper Angel
Direct the Transportation Cabinet to designate all of
Interstate 65 in Jefferson County, from the Kentucky/Indiana state line to the
Jefferson County/Bullitt County line, as the "Dr. Martin Luther King, Jr.,
Memorial Highway," and to erect signs at the appropriate intervals.