Saturday 11th May 2024

Kentucky to enforce wide-ranging new laws addressing child abuse, drugs, gambling, mental health, and more

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18court_12

(PEXELS)

FRANKFORT – On Thursday, June 29, a wide range of new laws covering child abuse, drugs, gambling, mental health, gender services, education, and numerous other topics will take effect. These laws received approval from the Kentucky General Assembly earlier this year.

State lawmakers passed over 170 bills during the 2023 legislative session, with most measures set to take effect on June 29, 90 days after the legislature adjourns, as mandated by the Kentucky Constitution.

Exceptions to the effective date of new laws include bills with special effective dates, general appropriation measures, or those containing emergency clauses that grant them immediate effect upon enactment.

Here’s a look at some of the measures taking effect on Thursday:

Senate Bill 229 – seeks to ensure that law enforcement, social services and other authorities are properly notified and are communicating with each other in cases of child abuse. It also requires agencies under investigation to cooperate with authorities.

 House Bill 249 – makes the intentional killing of a child under age 12 an aggravating circumstance. That ensures that a person who is guilty of killing a child would either be subject to life in prison without parole or the death penalty.

 House Bill 544 – directs the state Cabinet for Health and Family Services to develop regulations related to delta-8 THC by Aug. 1. That includes regulations on product testing, packaging and labeling, along with prohibitions that prevent anyone under 21 from buying or possessing delta-8 products. Kentuckians will not see many changes until the cabinet’s regulations are finalized and implemented.

Senate Bill 268 – allows courts to order restitution for children whose parents are killed or permanently disabled by an intoxicated driver.

 House Bill 236 – requires that the state’s public pension investments be based on financial risks and returns and not on environmental, social and governance factors.

House Bill 353 – removes fentanyl test strips from state prohibitions on drug paraphernalia unless the strips are used in the manufacture or selling of the drug.

Senate Bill 150 – a wide-ranging bill focused on health services and school policies related to gender and human sexuality. Many provisions in the bill took effect immediately, including the portions on school policies. The June 29 effective date applies to a section of the bill that bans puberty blockers, hormones and gender-related surgeries for minors.

House Bill 594 – clarifies that certain gambling machines are illegal in Kentucky. The devices in question are called gray machines and are operated in a gray area in the state’s gambling laws while growing more prevalent at gas stations and convenience stores. Anyone who manages or owns the machines after June 29 could be subject to a $25,000 fine per device.

Senate Bill 9 – known as “Lofton’s Law,” elevates reckless or dangerous acts of hazing to a crime. First-degree hazing will qualify as a Class D felony, while second-degree hazing will be a Class A misdemeanor.

House Bill 78 – specifically defines Kentucky’s incest laws by prohibiting a person from having sexual intercourse with his or her ancestors or descendants.

House Bill 3 – requires that juveniles charged with a violent felony offense be detained up to 48 hours pending a detention hearing with a judge, beginning July 1, 2024. The bill also seeks to improve parental accountability, expand mental health interventions and enhance options for restorative justice.

Senate Bill 54 – allows students to use a Kentucky Educational Excellence Scholarship to attend certain propriety school programs and workforce training programs that are focused on high-demand work sectors.

Senate Bill 96 – sets up a framework for local governments to grant permits for motor vehicle racing events as long as certain conditions are met on insurance, security and emergency services. It also allows local governments to temporarily close roadways and waive traffic regulations for the events.

Senate Bill 12 – allows physicians to participate in wellness and career fatigue programs without disclosing their participation to employers. 

House Bill 207 – allows law enforcement agencies to provide confidential wellness programs to support employee mental health. Specifically, it shields records of a wellness program from subpoenas and open records requests.

Senate Bill 135 – calls on the state Cabinet for Health and Family Services to create a panel focused on perinatal mental health disorders and provide related information and assessment tools online.

House Bill 547 – codifies religious freedoms for public school teachers, faculty and staff, including the right to engage in religious expression and prayer during breaks and to display religious items in personal spaces.

Senate Bill 80 – prohibits registered sex offenders from loitering or operating a mobile business within 1,000 feet of schools, daycares, and public playgrounds or swimming pools.

House Bill 551 – creates a structure to legalize, regulate and tax sports wagering in Kentucky under the auspices of the Kentucky Horse Racing Commission. Only licensed tracks will be permitted to obtain a sports wagering license, and the bill sets up a fund to address problem gambling. It also prohibits minors from placing wagers. Kentuckians will not see many changes until the racing commission finalizes and implements regulations related to sports wagering.

House Bill 538 – school boards are required to adopt policies related to expelling students who pose a threat to the safety and well-being of others and disciplining students who have physically assaulted, battered or abused personnel or other students off school property if the incident is likely to disrupt the educational process. 

House Bill 319 – aims to ease teacher shortages by cementing Kentucky’s place in the Interstate Teacher Mobility Compact. The compact seeks to ease licensing barriers for teachers moving into the state. HB 319 also requires the Kentucky Department of Education to establish a statewide job posting system.

Senate Bill 199 – outlaws, with some exceptions, the installation of tracking devices on motor vehicles without the consent of the vehicle owner or lessee.

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