Senate Bills

SB 1 (BR 856) - J. Bowen, R. Stivers II, J. Carpenter, D. Givens, S. Gregory, E. Harris, J. Higdon, P. Hornback, J. Schickel, D. Thayer, M. Wilson

AN ACT proposing to amend Section 29 of the Constitution of Kentucky relating to administrative regulations.

Create a new section of the Constitution of Kentucky to permit the General Assembly by general law to prohibit the adoption of administrative regulations that it has found to be deficient.

SB 1 - AMENDMENTS

SCS - Propose to amend Section 29 of the Constitution of Kentucky to permit the General Assembly or an agency or committee it creates to review, approve, or disapprove any administrative regulation of the executive branch during or between regular sessions of the General Assembly; submit to the voters for approval or disapproval; supply ballot language.

SCA (1/Title, J. Bowen) - Make title amendment.

Jan 7-introduced in Senate

Jan 13-to State & Local Government (S)

Jan 29-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)

Jan 30-2nd reading, to Rules

Feb 3-posted for passage in the Regular Orders of the Day for Wednesday, February 5, 2014

Feb 5-passed over and retained in the Orders of the Day

Feb 6-3rd reading, passed 24-14 with Committee Substitute, committee amendment (1-title) ; received in House

Feb 11-to Elections, Const. Amendments & Intergovernmental Affairs (H)

SB 2 (BR 912) - R. Stivers II, J. Bowen, C. McDaniel, D. Givens, S. Gregory, E. Harris, J. Higdon, A. Kerr, J. Schickel, D. Thayer, M. Wilson

AN ACT relating to debt.

Amend KRS 48.010 to define terms; create a new section of KRS Chapter 48 to establish limitations on the issuance of general fund supported debt; amend KRS 56.063 to conform; EFFECTIVE January 1, 2015.

Jan 7-introduced in Senate

Jan 13-to State & Local Government (S)

SB 3 (BR 938) - S. Gregory, J. Bowen, J. Carpenter, J. Denton, C. Girdler, D. Givens, E. Harris, J. Higdon, P. Hornback, S. Humphries, A. Kerr, B. Leeper, C. McDaniel, A. Robinson, J. Schickel, D. Seum, D. Thayer, W. Westerfield, M. Wilson

AN ACT relating to full disclosure in public safety.

Create a new section of KRS Chapter 311 to specify how the phrase "individual, private setting" shall be interpreted in informed consent situations.

Jan 7-introduced in Senate

Jan 13-to Veterans, Military Affairs, & Public Protection (S)

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

Jan 17-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Wednesday, January 22, 2014

Jan 22-3rd reading, passed 33-5

Jan 23-received in House

Jan 27-to Health & Welfare (H)

Mar 19-posted in committee

Mar 20-posting waived retroactively

SB 4/AA (BR 953) - C. McDaniel, M. Wilson, J. Bowen, J. Carpenter, C. Girdler, D. Givens, J. Higdon, P. Hornback, A. Kerr, M. McGarvey, D. Parrett, D. Thayer

AN ACT relating to the Legislators' Retirement Plan.

Amend KRS 6.525 to allow members contributing to the Legislators' Retirement Plan prior to January 1, 2014, to make a one-time election to have their benefits from the Legislators' Retirement Plan based solely on their legislative salary and any salary, earned in another state-administered retirement system prior to January 1, 2014.

Jan 7-introduced in Senate

Jan 13-to State & Local Government (S)

Jan 15-reported favorably, 1st reading, to Calendar

Jan 16-2nd reading, to Rules

Jan 17-posted for passage in the Regular Orders of the Day for Tuesday, Janaury 21, 2014

Jan 21-passed over and retained in the Orders of the Day

Jan 22-passed over and retained in the Orders of the Day

Jan 23-3rd reading, passed 38-0

Jan 24-received in House

Jan 27-to State Government (H)

Mar 4-posted in committee

Mar 6-reported favorably, 1st reading, to Calendar

Mar 7-2nd reading, to Rules

Mar 13-taken from Rules; placed in the Orders of the Day

SB 5/LM/CI (BR 131) - K. Stine, J. Carpenter, S. Gregory, J. Higdon, A. Kerr

AN ACT relating to controlled substances.

Amend KRS 72.026 to increase the scope of mandatory coroner and medical examiner reporting in deaths involving Schedule I deaths; amend KRS 196.286 and 196.288 to direct that a portion of recaptured savings from criminal justice reforms be directed to funding of KY-ASAP; create a new section of KRS Chapter 205 to specify the controlled substance treatment services to be offered under Medicaid; amend KRS 217.186 to increase the availability of Naloxone for use as a rescue drug for narcotic overdose situations; create a new section of KRS Chapter 218A to provide immunity for persons seeking emergency help in drug overdose situations; amend KRS 218A.040 to specify that death by overdose is a foreseeable result of the consumption or use of a Schedule I controlled substance; amend KRS 218A.1412 to establish a 50% minimum time service requirement for higher-level traffickers in heroin or methamphetamine, with the ability to deviate from that requirement in cases where the defendant provides assistance to the prosecution; amend KRS 439.3401 to require a minimum 50% time service requirement for homicide and fetal homicide offenders in situations where the decedent died due to a Schedule I drug overdose; amend KRS 501.060 to provide that it is not a defense to the establishment of causation in a Schedule I overdose case that the decedent voluntarily ingested the drug or that there was no direct contact between the decedent and the defendant; direct the Department of Criminal Justice Training to conduct regionalized heroin-specific in-service training for law enforcement officers by December 31, 2015.

SB 5 - AMENDMENTS

HCS/LM/CI - Amend to insert provisions to limit overdose reporting to coroners; insert drugged driving defense provisions; expand substance abuse treatment options; transform the good Samaritan immunity into a defense; prohibit substance abuse treatment programs from discriminating against pregnant women; clarify PFO applicability in trafficking offenses; increase the penalty for high volume schedule IV traffickers; allow for local option for needle exchanges; create a safe harbor for drug addicted pregnant women who comply with substance abuse treatment and prenatal care instructions; EMERGENCY.

HCA (1, J. Fischer) - Keep original provisions; amend KRS 218A.050 to add non-tamper resistant extended release single-agent formulation of hydrocodone bitartrate to Schedule I drugs.

HCA (2/Title, J. Tilley) - Make title amendment.

HCA (3, T. Kerr) - Amend to apply treatment provisions to all substance abuse treatment and not to opiate abuse only.

HFA (1, S. Lee) - Amend to delete provisions relating to the local option for needle exchange.

HFA (2, J. Bell) - Amend to delete provisions relating to foreseeability, parole and probation eligibility, and legal causation.

HFA (3/P, B. Waide) - Amend KRS 218.1430 to increase penalties for possession and trafficking of synthetic drugs.

HFA (4/P, J. Jenkins) - Retain original provisions; except include section to amend KRS 222.005 to define "incapacitated by alcohol and/or other drug abuse"; amend KRS 222.431 to permit a person meeting the definition of "incapacitated by alcohol and/or other drug abuse" to be court ordered to treatment; amend KRS 222.433 to require the court to review previous drug or alcohol assessments and drug tests in an order for treatment; require the court to review previous drug or alcohol assessments or drug tests if a respondent has failed to participate in a physical examination.

HFA (5/Title, J. Jenkins) - Make title amendment.

HFA (6, J. Jenkins) - Insert provisions to create new sections of KRS 309.080 to 309.089 to establish the requirements for an applicant for registration as an alcohol and drug peer support specialist; mandate that an alcohol and drug peer support specialist complete 500 hours of board-approved experience with 25 hours under the direct supervision of a certified or licensed clinical alcohol and drug counselor with at least two years of post-certification or post-licensure experience; require an alcohol and drug peer support specialist to pass an examination approved by the board; mandate completion of three hours of domestic violence training, specify other hours of training required, and obligate applicant to live or work at least a majority of the time in Kentucky; mandate that a registered alcohol and drug peer support specialist comply with the requirements for the training program in suicide assessment, treatment, and management; establish requirements for an applicant for licensure as a licensed clinical alcohol and drug counselor with a 60-hour master's degree, or a doctoral degree, including completion of 2,000 hours of board-approved experience, 300 hours of which is under direct supervision of a licensed clinical alcohol and drug counselor; require a licensed clinical alcohol and drug counselor to pass a written examination approved by the International Certification Reciprocity Consortium on Alcoholism and Drug Abuse; include requirement for three hours of domestic violence training and for an applicant to live or work at least a majority of the time in Kentucky; mandate that a licensed clinical alcohol and drug counselor comply with the requirements for the training program in suicide assessment, treatment, and management; direct the board to promulgate administrative regulations to define the registration process for applicants and for supervisors of record; establish supervision required for a practicing registered alcohol and drug peer support specialist; change the requirements for registration as an alcohol and drug peer support specialist to include 16 hours of ethics training, instead of 6; amend KRS 309.084 to specify that the exempted requirement for an individual already certified is the 60-hour master's degree; establish reciprocity; set up revolving fund; amend KRS 309.080 to define "licensed clinical alcohol and drug counselor," "licensee," "practice of alcohol and drug counseling," "registered alcohol and drug peer support specialist," and "registrant"; amend KRS 309.0813 to conform and to delete the requirement for the board to establish an examination committee to administer and evaluate the case method presentation and oral examination; add the requirement for the board to collect and deposit all fees, fines, and other moneys owed to the board into the State Treasury to the credit of a revolving fund; amend KRS 309.083 to change the requirements of supervision for a certified alcohol and drug counselor applicant, permitting supervision from a certified alcohol and drug counselor or licensed clinical alcohol and drug counselor with at least two years of post-certification or post-licensure experience; delete the requirement for a certified alcohol and drug counselor to pass an oral examination approved by the board; mandate three hours of domestic violence training for a certified alcohol and drug counselor; require a certified alcohol and drug counselor applicant to live or work at least a majority of the time in Kentucky; mandate that a certified alcohol and drug counselor comply with the requirements for the training program in suicide assessment, treatment, and management; amend KRS 309.084 to grant, upon application within 90 days from the effective date of this bill, licensure as a licensed clinical alcohol and drug counselor for a certified alcohol and drug counselor with a master's degree or a doctoral degree meeting all requirements for the clinical designation except for the 60-hour requirement for the master's degree and the examination; amend KRS 194A.540, 210.366, 222.005, 309.0805, 309.081, 309.085, 309.086, 309.087, and 309.089 to conform; amend KRS 210.410 to add primary care services to the list of services that community mental health centers are required to provide, but allow primary care services to be provided on a permissive basis; create a new section of KRS Chapter 205 to require that primary care services provided by physicians, advanced practice registered nurses, and physician assistants in community mental health centers are reimbursable at the same rates set for primary care centers; require the cabinet to promulgate administrative regulations; define terms.

HFA (7/Title, J. Jenkins) - Make title amendment.

HFA (8/P, M. Marzian) - Retain original provisions; and create new sections of KRS Chapter 217 to create definitions and establish authority and standards for expedited partner therapy; declare an EMERGENCY.

HFA (9/Title, M. Marzian) - Make title amendment.

HFA (10, J. Fischer) - Amend to delete provisions relating to the local option for needle exchange and to remove the provisions relating to legal causation.

HFA (11, T. Burch) - Retain original provisions, except attach a study that encourages the Cabinet for Health and Family Services to study treatments and services for heroin and other opioid addiction and increase training on addiction treatment for medical professionals.

HFA (12, J. Jenkins) - Amend to allow a finder of fact to infer that death is a forseeable result of using a Schedule I controlled substance, rather than eliminating voluntary ingestion by the decedent as a defense for homicide defendants.

HFA (13/P, J. Jenkins) - Retain original provisions; except amend KRS 218A.040 to make foreseeability of death a permissible inference; amend KRS 501.060 to make foreseeability of death a permissible inference; include section to amend KRS 222.005 to define "incapacitated by alcohol and/or other drug abuse"; amend KRS 222.431 to permit a person meeting the definition of "incapacitated by alcohol and/or other drug abuse" to be court ordered to treatment; amend KRS 222.433 to require the court to review previous drug or alcohol assessments and drug tests in an order for treatment; require the court to review previous drug or alcohol assessments or drug tests if a respondent has failed to participate in a physical examination.

HFA (14, J. Jenkins) - Delete Sections 3 and 4, relating to funding for KY-ASAP; declare an EMERGENCY.

HFA (15/Title, J. Jenkins) - Make title amendment.

HFA (16, J. Tilley) - Retain original provisions except insert provisions to limit overdose reporting to coroners; insert drugged driving defense provision; expand substance abuse treatment options; transform the Good Samaritan immunity into a defense; prohibit substance abuse treatment programs from discriminating against pregnant women; clarify PFO applicability in trafficking offenses; increase the penalty for high volume schedule IV traffickers; allow for local option for needle exchanges; create a safe harbor for drug addicted pregnant women who comply with substance abuse treatment and prenatal care instructions; classify the drug Zohydro as a Schedule I controlled substance until the drug is available in an FDA approved tamper resistant formulation; insert provisions relating to involuntary treatment for alcohol and other drug abuse; insert provisions relating to a drug addiction counselors; insert provisions relating to expedited partner therapy; insert provisions relating to heroin addiction and treatment studies; modify language relating to foreseeability and legal causation; remove funding language in light of treatment priorities built into the executive branch budget; declare an EMERGENCY.