Senate Bills

SB 1 - See Introductions on February 3, 2005.

SB 2 - See Introductions on February 14, 2005.

Introduced Jan. 4, 2005

SB 3 (BR 41) - D. Boswell, W. Blevins Jr, D. Harper Angel, D. Mongiardo, J. Pendleton, E. Scorsone, E. Worley

AN ACT relating to off-duty employees of the Department of Parks.

Amend KRS 148.021 and 148.026 to prohibit the commissioner of the Department of Parks from directing or enforcing any policy restricting the use of the state park lodging, campground, or any of its facilities by any off duty employee.

(Prefiled by the sponsor(s).)

Jan 4-introduced in Senate

Jan 7-to State and Local Government (S)

SB 4/AA (BR 176) - J. Westwood, R. Roeding, D. Thayer

AN ACT relating to employee benefits, making an appropriation therefor, and declaring an emergency.

Create a new section of KRS Chapter 18A to establish a health reimbursement account for state employees and school board employees participating in the state health insurance and set the annual employer contribution for 2006 at $600; amend KRS 18A.225, relating to the state health insurance plan, to require a reduction in the employee coinsurance for retail prescription drugs; raise the cost-of-living increase for retired teachers to 2.3% retroactive to July 1, 2004, and raise the cost-of-living increase effective July 1, 2005, to 2.2%; increase salaries for full-time state employees and local school board employees by $600 January 1, 2005; make appropriations from the General Fund to fund the salary increase and health reimbursement accounts; EMERGENCY.

(Prefiled by the sponsor(s).)

Jan 4-introduced in Senate

Jan 7-to Appropriations and Revenue (S)

SB 5 (BR 136) - R. Roeding, W. Blevins Jr, D. Harper Angel, J. Pendleton, D. Seum, J. Turner, J. Westwood, K. Winters

AN ACT relating to special license plates.

Create a new section of KRS Chapter 186, relating to the registration and licensing of motor vehicles, to create a special license plate for the Kentucky Colonels; require the group to obtain a minimum 900 applications along with a $25 state fee for each application before the Transportation Cabinet is required to print the plate; provide that if the 900 applications are not submitted to the cabinet within a year of the effective date of the Act, the provisions creating the special plate are automatically repealed; require membership in the Honorable Order of the Kentucky Colonels to be eligible for the plate; establish a renewal fee of $15; permit initial applicants and persons renewing their registration to make a voluntary $10 contribution that will be sent to the Kentucky Colonels to be used to provide grants to charitable and educational organizations; require the Kentucky Colonels to pay to annually audit the funds received from the sale of the license plate and submit the audit to the Transportation Cabinet.

(Prefiled by the sponsor(s).)

Jan 4-introduced in Senate

Jan 7-to Transportation (S)

Feb 16-reported favorably, 1st reading, to Consent Calendar

Feb 17-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Friday, February 18, 2005

Feb 18-3rd reading, passed 36-0; received in House

Feb 22-to Transportation (H)

SB 6 (BR 186) - T. Buford

AN ACT relating to waiver of employee health benefits, making an appropriation therefor, and declaring an emergency.

Amend KRS 18A.225 to direct that each employee in the state employee health insurance program shall have the option to waive coverage and receive a contribution of no less than $220 per month to deposit in a health care flexible spending account; make appropriation from the general fund to fund the health care flexible spending accounts for employees who waive coverage; EMERGENCY.

(Prefiled by the sponsor(s).)

Jan 4-introduced in Senate

Jan 7-to Appropriations and Revenue (S)

SB 7 (BR 162) - A. Kerr

AN ACT relating to the closure of schools for elections.

Amend KRS 158.070 to include the day of primary elections as a day in which schools are closed.

SB 7 - AMENDMENTS

HFA (1, M. Marzian) - Amend to permit schools to close on primary election day.

(Prefiled by the sponsor(s).)

Jan 4-introduced in Senate

Jan 7-to Education (S)

Feb 16-reported favorably, 1st reading, to Calendar

Feb 17-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 18, 2005

Feb 18-3rd reading, passed 35-0; received in House

Feb 22-to Education (H)

Feb 23-reassigned to Elections, Const. Amendments & Intergovernmental Affairs (H); posting waived

Mar 1-reported favorably, 1st reading, to Calendar; floor amendment (1) filed

Mar 2-2nd reading, to Rules

Mar 21-posted for passage in the Regular Orders of the Day for Monday, March 21, 2005; 3rd reading, passed 91-7; received in Senate; enrolled, signed by each presiding officer; delivered to Governor

Mar 31-signed by Governor (Acts ch. 178)

SB 8 (BR 4) - D. Boswell

AN ACT proposing to create a new section of the Constitution of Kentucky and amend Section 226 of the Constitution of Kentucky, relating to casinos.

Propose a new section of the Constitution of Kentucky relating to casinos; allow the General Assembly to permit the operation of casinos, which may include casinos at horse racing tracks; provide, if General Assembly authorizes casino gaming, for agency of state government to be created to regulate casinos by special law notwithstanding Section 59 or 60 of the Constitution, establish qualifications of individuals and entities authorized to operate casinos, limit number and location of casinos, define types of lotteries, gift enterprises and gambling games to be permitted, provide for other standards to ensure honest operation of casinos; define casino and casino-style gaming; restrict operation of casinos until the state agency shall have first approved the conduct of casinos and the governing body of the county, urban-county, charter county, or consolidated local government has approved the operation; propose to amend Section 226 of the Kentucky Constitution to provide that the new section is an exception to the prohibition against lotteries and gift enterprises; submit to voters; provide ballot language.

(Prefiled by the sponsor(s).)

Jan 4-introduced in Senate

Jan 7-to State and Local Government (S)

SB 9/LM/CI (BR 5) - D. Boswell

AN ACT relating to gaming and making an appropriation therefor.

Establish KRS Chapter 239 to authorize gambling at horse racing tracks and casinos; create numerous definitions; create the Kentucky Gaming commission; establish the duties and responsibilities of the commission; require the commission to determine the occupations related to casino gaming and the qualifications for an occupational license; establish the application procedures for a casino, racing association gaming, manufacturer's, and supplier's license; establish the requirements and qualifications for all gaming-related licenses; prohibit a licensee from transferring or assigning the license without prior commission approval; permit a licensee to conduct gaming operations from a temporary facility under certain conditions; require racing association licensees to make certain requests to the Kentucky Horse Racing Authority regarding the number of racing days the licensee will have scheduled during a year; create an exemption to allow facilities development for gaming activities regarding zoning; provide that other zoning and building codes still apply; establish the position and the duties of the executive director of the commission; establish that certain job classifications are to be established by agreement of the parties to a collective bargaining agreement; require that before a gaming license is issued, the governing body in the jurisdiction where gaming operations are proposed must first enact an ordinance to permit casino gaming; require a gaming licensee to post bond and to maintain specific types of insurance; limit the number of gaming licenses to five racing association gaming licenses and four casino licenses; establish criteria for gaming operation locations; require certain information from applicants seeking a gaming license; establish the fees for applications, licensure, and renewal for all licenses; create the Kentucky gaming fund, the Kentucky municipal public safety fund, the Kentucky county public safety fund, the Kentucky horse racing equity fund, and the Kentucky thoroughbred claiming fund; require that certain amounts of the gaming fund support administrative operations of the commission, and other amounts from the gaming fund be dispersed to the Kentucky compulsive gamblers assistance fund, the Department of Education, the Council on Postsecondary Education, the Cabinet for Health Services for health care services for certain indigent Kentuckians and for a prescription drug program for senior citizens, the Kentucky county public safety fund, capital construction, sewer and water projects administered under the Kentucky Infrastructure Authority, the Kentucky veterans trust fund, the state road fund, the budget reserve trust fund, and the equine industry program trust and revolving fund; establish the disbursement of funds to the Kentucky municipal public safety fund and the Kentucky county public safety fund; establish the disbursement of funds to the Kentucky horse racing industry; prohibit licensure of certain people under specific circumstances; establish the expenditure of moneys from the municipal public safety fund and the county public safety fund; establish a wagering tax at a rate of 35% of adjusted gross receipts received and reported monthly by the licensee obliged to pay the tax; establish the terms of all licenses regarding gaming operations; require the commission to promulgate administrative regulations to prescribe procedures for gaming licensees regarding the effective control over their internal fiscal affairs; require periodic financial reports from gaming licensees; require annual audits of the financial statements of gaming licensees; define and limit gambling games and devices; address how money deposited into the compulsive gamblers assistance fund will be expended; require the State Auditor to perform an annual audit of the commission; require gaming licensees to compile a list of persons to exclude or reject from licensed gaming establishments; require the commission to notify a person placed on an exclusion or ejection list; permit the commission to take disciplinary action if a gaming licensee knowingly fails to exclude or eject a person on the list; establish penalties for persons placed on the list who enter premises of a licensed gaming establishment; provide that the transport of gambling equipment and supplies into the state will not be a violation of federal laws; define the term "cheat" and establish penalties for persons who cheat; create the compulsive gamblers assistance fund; establish how expenditures from the compulsive gamblers assistance fund will be utilized; require the commission to prepare an annual report detailing activities and expenditures of the compulsive gamblers assistance fund; encourage gaming licensees to cooperate with local business and community organizations to stimulate the economy through tourism; require gaming licensees to pay the salaries of certain commission employees; require gaming licensees to make office space available for certain commission employees; prohibit a person under 21 from placing a wager or being in an area where gambling games are in operation; establish that commission members, the executive director, and commission employees are subject to the executive branch code of ethics; limit the administrative fine to $50,000 per offense; establish that administrative review under KRS Chapter 13B is available for persons aggrieved by an action by the commission; create a new section of KRS Chapter 131 to attach the commission to the Revenue Cabinet for administrative purposes; create a new section of KRS Chapter 242 to permit a local option election in certain areas for the limited sale of alcoholic beverages at tracks and casinos in the territory; amend KRS 243.030 to establish a $7,500 annual license fee for a casino entertainment license and a racing association casino entertainment license; amend KRS 243.040 to establish a $3,500 annual license fee for a casino entertainment license and a racing association casino entertainment license; amend KRS 243.500, 243.505, 525.090, 528.010, 528.100, 15.380 to conform; include a severability clause; include rules to follow for actions brought for declaratory or injunctive relief regarding constitutionality of this Act; and include language that this Act is void if the voters fail to approve a constitutional amendment permitting the General Assembly to authorize casinos.

(Prefiled by the sponsor(s).)

Jan 4-introduced in Senate

Jan 7-to Licensing, Occupations & Administrative Regulations (S)

SB 10 (BR 29) - G. Tapp

AN ACT relating to criminal background investigations.

Amend KRS 309.0813, 309.1315, 319.032, 335.070, 335.320, and 335.615 to require criminal background checks as a condition for certification or licensure for alcohol and drug counselors, art therapists, psychologists, social workers, marriage and family therapists, professional counselors, and fee-based pastoral counselors who apply after the effective date of this Act; require fees to be nonrefundable, cost no more than the investigations, and be paid by the applicant.

SB 10 - AMENDMENTS

HFA (1, J. Wayne) - Attach the provisions of HB 94.

HFA (2/Title, J. Wayne) - Make title amendment.

(Prefiled by the sponsor(s).)

Jan 4-introduced in Senate

Jan 7-to Licensing, Occupations & Administrative Regulations (S)

Feb 8-reported favorably, 1st reading, to Consent Calendar

Feb 9-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Thursday, February 10, 2005

Feb 10-3rd reading, passed 34-0

Feb 11-received in House

Feb 14-to Licensing and Occupations (H)

Feb 18-posted in committee

Feb 23-reported favorably, 1st reading, to Calendar

Feb 24-2nd reading, to Rules

Mar 2-floor amendments (1) and (2-title) filed; posted for passage in the Regular Orders of the Day for Thursday, March 3, 2005

SB 11 (BR 314) - T. Buford, D. Boswell

AN ACT relating to operator's licenses.

Amend KRS 186.412 to establish a notation on the operator's license that the holder of the license is deaf or hard of hearing and uses alternative form of communication; effective January 1, 2006.

SB 11 - AMENDMENTS

SCS - Specify a decal to be affixed to the operator's license for the deaf or hard of hearing rather than a notation on the license.

(Prefiled by the sponsor(s).)

Jan 4-introduced in Senate

Jan 7-to Transportation (S)

Feb 2-reported favorably, 1st reading, to Calendar with Committee Substitute

Feb 3-2nd reading, to Rules

Feb 4-posted for passage in the Regular Orders of the Day for Monday, February 7, 2005

Feb 7-3rd reading, passed 36-0 with Committee Substitute

Feb 8-received in House

Feb 11-to Transportation (H)

Feb 22-posted in committee

Feb 24-reported favorably, 1st reading, to Calendar

Feb 25-2nd reading, to Rules

Feb 28-posted for passage in the Regular Orders of the Day for Tuesday, March 1, 2005

SB 12 (BR 103) - J. Turner, W. Blevins Jr, J. Denton, D. Harper Angel, J. Pendleton, R. Roeding

AN ACT relating to special license plates.

Create a new section of KRS Chapter 186, relating to the licensing and registration of vehicles, to create a special license plate for Shriners.

SB 12 - AMENDMENTS

SCA (1, B. Guthrie) - Make technical correction

(Prefiled by the sponsor(s).)

Jan 4-introduced in Senate

Jan 7-to Transportation (S)

Feb 16-reported favorably, 1st reading, to Consent Calendar with committee amendment (1)

Feb 17-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Friday, February 18, 2005

Feb 18-3rd reading, passed 36-0 with committee amendment (1); received in House

Feb 22-to Transportation (H)

SB 13/LM (BR 185) - E. Harris

AN ACT relating to levy and recall of taxes.

Amend KRS 132.017 to clarify language, remove the requirement that petitions be organized by precinct, set forth the information that must be included on a petition, add notification procedures and timelines for determination of the validity of the petition, provide for advertisement of the filing of the petition if the petitioners pay for advertisement at the time the petition is filed and establish a time frame within which a county clerk's certification may be challenged; amend KRS 132.100 to delete provisions relating to precinct requirements for petitions and to set forth the requirements for a petition; amend KRS 160.485 to clarify language, remove the requirement that petitions be organized by precinct, set forth the information that must be included on a petition, change the time in which a petition must be filed from 30 to 45 days, provide for advertisement of the filing of the petition if the petitioners pay for advertisement at the time the petition is filed, establish a time frame within which a county clerk's certification may be challenged, and add notification procedures and timelines for determination of the validity of the petition; amend KRS 160.597 to clarify language, remove the requirement that petitions be organized by precinct, set forth the information that must be included on a petition, change the time in which a petition must be filed from 30 days to 45 days, provide for advertisement of the filing of the petition if the petitioners pay for advertisement at the time the petition is filed, establish a time frame within which a county clerk's certification may be challenged, and add notification procedures and timelines for determination of the validity of the petition; amend KRS 132.018 to conform; provide that the Act shall apply to orders, ordinances, resolutions or motions passed after July 15, 2005.

SB 13 - AMENDMENTS

SFA (1, E. Harris) - Retain provisions of the original bill; provide that each sheet of the petition must include names of voters from one precinct; provide that an invalid signature on the page shall not result in the disqualification of the entire page but shall instead result in the striking of the invalid signature only.

SFA (2, E. Harris) - Retain the provisions of the original bill; clarify language relating to petition requirements; provide that specially called school district elections shall comply with the provisions of KRS 118.025, and that the election shall be held between 35 and 45 days from the certification of the petition rather than 20 to 30 days.

HCA (1, S. Riggs) - Provide that a recall petition for school taxes in a district located in a consolidated local government shall include five percent of a number of registered and qualified voters voting in the last preceding presidential election.

(Prefiled by the sponsor(s).)

Jan 4-introduced in Senate

Jan 7-to State and Local Government (S)

Feb 2-reported favorably, 1st reading, to Calendar

Feb 3-2nd reading, to Rules

Feb 8-posted for passage in the Regular Orders of the Day for Thursday, February 10, 2005

Feb 9-floor amendments (1) and (2) filed

Feb 10-3rd reading, passed 28-3 with floor amendments (1) and (2)

Feb 11-received in House

Feb 16-to Local Government (H)

Feb 22-posted in committee

Feb 24-reported favorably, 1st reading, to Calendar with committee amendment (1)

Feb 25-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, February 28, 2005

Feb 28-3rd reading, passed 92-0 with committee amendment (1); received in Senate