Kentucky 2022 Regular Session Status: Enacted Bipartisan · 2 R · 1 D cosponsors

HB 239 — AN ACT relating to local government and making an appropriation therefor.

Last action — became law without Governor's Signature (Acts Ch. 90)

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 07, 2022. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    8 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Create a new section of KRS Chapter 70 to prohibit any constable elected for the first time after January 1, 2023, from exercising general police powers unless certified, leaving all other constables unchanged; amend various KRS sections as they relate to constable powers and duties, especially those with police powers; allow constables to apply for training at any KLEC-approved basic training course, cost allocation determined; require the Department of Criminal Justice Training to accept one qualified constable per training class for training; APPROPRIATION.

Bill Text

What changed in the latest version

808 added · 1098 removed

808 line(s) added, 1098 removed.

→
Previous
Latest
UNOFFICIAL COPY 22 RS HB 239/GA AN ACT relating to local government and making an appropriation therefor.
CHAPTER 90 1 CHAPTER 90 ( HB 239 ) AN ACT relating to local government and making an appropriation therefor.
Page 1 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA (i) The power to serve subpoenas issued by the Parole Board as provided in KRS 439.390;
(i) The power to serve subpoenas issued by the Parole Board as provided in KRS 439.390;
Page 2 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA It shall be the duty of the commissioner, each officer of the department, and each individual employed as a Trooper R Class or CVE R Class to detect and prevent crime, apprehend criminals, maintain law and order throughout the state, to collect, classify and maintain information useful for the detection of crime and the identification, apprehension and conviction of criminals and to enforce the criminal, as well as the motor vehicle and traffic laws of the Commonwealth.
It shall be the duty of the commissioner, each officer of the department, and each individual employed as a Trooper R Class or CVE R Class to detect and prevent crime, apprehend criminals, maintain law and order throughout the state, Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY to collect, classify and maintain information useful for the detection of crime and the identification, apprehension and conviction of criminals and to enforce the criminal, as well as the motor vehicle and traffic laws of the Commonwealth.
Any deputy sheriff appointed pursuant to this section who has not been a resident of the county in which he or she serves for a period of at least two (2) years shall not be an active participant in any labor dispute and shall immediately forfeit Page 3 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA his or her position if he violates this provision;
Any deputy sheriff appointed pursuant to this section who has not been a resident of the county in which he or she serves for a period of at least two (2) years shall not be an active participant in any labor dispute and shall immediately forfeit his or her position if he violates this provision;
Page 4 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA (b) Except as set out in subsection (8) of this section, donations made by persons to any governmental unit or officer thereof do not constitute public funds within the meaning of this subsection.
(b) Except as set out in subsection (8) of this section, donations made by persons to any governmental unit or officer thereof do not constitute public funds within the meaning of this subsection.
When it appears by the affidavit of two (2) citizens, taxpayers of the county, filed with any principal peace officer, that there is reasonable cause to believe that any of his deputies are receiving compensation from private sources contrary to the provisions of this section, the peace officer shall forthwith investigate the charges contained in the affidavit, and if he finds the charges are true he shall forthwith remove any such deputy from office.
When it appears by the affidavit of two (2) citizens, taxpayers of the county, filed with any principal peace officer, that there is reasonable cause to believe that any of his deputies are receiving compensation from private sources contrary to the provisions of this section, the peace officer shall forthwith investigate the charges contained in the affidavit, and if he finds the charges are true he shall forthwith remove CHAPTER 90 3 any such deputy from office.
(7) Except as provided in subsection (8) of this section and KRS 61.360 and 277.280, any person who directly or indirectly pays or contributes or causes to be paid or contributed any money or other thing of value to any peace officer or to any governmental unit or officer thereof, either as a gift or donation for the performance of any public duty shall be fined not less than five hundred ($500) nor more than Page 5 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA five thousand dollars ($5,000).
(7) Except as provided in subsection (8) of this section and KRS 61.360 and 277.280, any person who directly or indirectly pays or contributes or causes to be paid or contributed any money or other thing of value to any peace officer or to any governmental unit or officer thereof, either as a gift or donation for the performance of any public duty shall be fined not less than five hundred ($500) nor more than five thousand dollars ($5,000).
(1) Any person serving as a nonelective peace officer, [or ]deputy peace officer, or Page 6 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA deputy constable in violation of the provisions of KRS 61.300 shall be subject to removal.
(1) Any person serving as a nonelective peace officer, [or ]deputy peace officer, or deputy constable in violation of the provisions of KRS 61.300 shall be subject to removal.
(1) Sheriffs, constables granted peace officer powers, coroners, marshals, and policemen shall be paid out of the State Treasury for the following services the following fees:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) Sheriffs, constables granted peace officer powers, coroners, marshals, and policemen shall be paid out of the State Treasury for the following services the following fees:
(a) Apprehending a person on charge of felony, or a fugitive Page 7 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA from justice charged with a felony in this state...............................$10.00 (b) Executing a process of contempt in a criminal case when the court excuses the contempt .........................................1.60 (c) Executing a summons upon a witness in behalf of the Commonwealth in a felony case ...............................................3.00 (d) Summoning a jury, on order of a court, in a county other than that in which the action is pending, a reasonable allowance to be fixed by the court.
(a) Apprehending a person on charge of felony, or a fugitive from justice charged with a felony in this state......................................................$10.00 (b) Executing a process of contempt in a criminal case when the court excuses the contempt ................................................................1.60 (c) Executing a summons upon a witness in behalf of the Commonwealth in a felony case .....................................................................3.00 (d) Summoning a jury, on order of a court, in a county other than that in which the action is pending, a reasonable allowance to be fixed by the court.
(e) Summoning and attending a jury in a case of felony ...................................2.50 (2) No claim for services incidental to examining courts shall be allowed to any sheriff, deputy sheriff, constable, marshal, policeman, or other officer authorized to execute process in felony cases until the grand jury has returned an indictment for a felony.
(e) Summoning and attending a jury in a case of felony ...........................................................2.50 (2) No claim for services incidental to examining courts shall be allowed to any sheriff, deputy sheriff, constable, marshal, policeman, or other officer authorized to execute process in felony cases until the grand jury has returned an indictment for a felony.
Making arrests for violations involving a motor vehicle on the public highways ..................................................................$0.50 Taking up a vagrant ..............................................................................................
Making arrests for violations involving a motor vehicle on the public highways ..........................................................................................$0.50 Taking up a vagrant ........................................................................................................................
.50 Killing a mad dog .................................................................................................1.00 Killing and burying a distempered horse, ass or mule ..........................................3.00 Killing and burying any other cattle, per head ......................................................2.00 Altering a stud, jackass or bull ..............................................................................1.00 Any other services a constable is authorized by law to perform, the same fees allowed sheriffs for similar services.
.50 Killing a mad dog ...........................................................................................................................1.00 Killing and burying a distempered horse, ass or mule ....................................................................3.00 Killing and burying any other cattle, per head ................................................................................2.00 Altering a stud, jackass or bull .......................................................................................................1.00 Any other services a constable is authorized by law to perform, the same fees allowed sheriffs for similar services.
Page 8 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA Section 10.
Section 10.
(4) Before the tenth day of each calendar month the recorder for each justice's district shall prepare a sworn statement showing the correct amounts of money received or collected during the next preceding calendar month from the administration of the offices of constable and deputy constable, if deputy constables have been authorized under Section 12 of this Act.
(4) Before the tenth day of each calendar month the recorder for each justice's district shall prepare a sworn statement showing the correct amounts of money received or collected during the next preceding calendar month from the administration of the offices of constable and deputy constable, if deputy constables have CHAPTER 90 5 been authorized under Section 12 of this Act.
On or before the tenth day of each calendar month each recorder shall deliver one (1) or more copies of the monthly statement to the fiscal Page 9 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA court, or such person as the fiscal court designates, and at the same time deliver by certified check, payable to the order of the county treasurer, the total sum of money received by the recorder under the provisions of this section during the next preceding calendar month.
On or before the tenth day of each calendar month each recorder shall deliver one (1) or more copies of the monthly statement to the fiscal court, or such person as the fiscal court designates, and at the same time deliver by certified check, payable to the order of the county treasurer, the total sum of money received by the recorder under the provisions of this section during the next preceding calendar month.
Page 10 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA In authorized counties, each constable may appoint one (1) or more deputies, but only with the consent of the county judge/executive or the mayor of[, in] a consolidated local government or urban-county government[ , as the case may be].
In authorized counties, each constable may appoint one (1) or more deputies, but only with the consent of the county judge/executive or the mayor of[, in] a consolidated local government or urban-county government[ , as the case may be].
(d) Has not within a period of two (2) years hired himself or herself out, performed any service, or received any compensation from any private source for acting as a privately paid detective, police officer, guard, peace officer, or otherwise as an active participant in any labor dispute, or conducted the business of a private detective agency or of any agency supplying private detectives, private police officers, or private guards, or Page 11 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA advertised or solicited any such business in connection with any labor dispute;
(d) Has not within a period of two (2) years hired himself or herself out, performed any service, or received any compensation from any private source for acting as a privately paid detective, police officer, guard, peace officer, or otherwise as an active participant in any labor dispute, or conducted the business of a private detective agency or of any agency supplying private detectives, private police officers, or private guards, or advertised or solicited any such business in connection with any labor dispute;
and (f) Has complied with the provisions of KRS 15.334.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (f) Has complied with the provisions of KRS 15.334.
(2) A constable may exercise the duties of his or her office in any part of the county, Page 12 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA but shall not execute any process in which he or she is personally interested except fee-bills for his or her own service.
(2) A constable may exercise the duties of his or her office in any part of the county, but shall not execute any process in which he or she is personally interested except fee-bills for his or her own service.
Page 13 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA (a) [Under the heading of civil matters, the report shall contain ]A statement showing the total number of each kind of civil processes and orders received, the total number of each returned executed, returned unexecuted, and not returned and not executed;[.
(a) [Under the heading of civil matters, the report shall contain ]A statement showing the total number of each kind of civil processes and orders received, the total number of each returned executed, returned unexecuted, and not returned and not executed;[.
(c)[(b)] [Under the heading of criminal matters]If the constable is qualified and is authorized to execute warrants in criminal matters or otherwise exercise the powers of a peace officer under Section 1 of this Act,[ the report shall contain] a list of the names and addresses of all persons for whom warrants of arrest have been obtained by the constable and his or her deputies, noting the name of the officer obtaining each warrant, the name of the officer executing each warrant, and indicating the warrants returned executed, returned unexecuted, and not returned and not executed;
(c)[(b)] [Under the heading of criminal matters]If the constable is qualified and is authorized to execute warrants in criminal matters or otherwise exercise the powers of a peace officer under Section 1 of this Act,[ the report shall contain] a list of the names and addresses of all persons for whom warrants of CHAPTER 90 7 arrest have been obtained by the constable and his or her deputies, noting the name of the officer obtaining each warrant, the name of the officer executing each warrant, and indicating the warrants returned executed, returned unexecuted, and not returned and not executed;
] (d)[(c)] Under the heading of other matters,[ the report shall contain] a complete Page 14 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA and detailed[brief but adequate] report upon each and all other acts of the constable and his or her deputies performed under authority, or under color of authority, of office.
] (d)[(c)] Under the heading of other matters,[ the report shall contain] a complete and detailed[brief but adequate] report upon each and all other acts of the constable and his or her deputies performed under authority, or under color of authority, of office.
If authorized, any fees collected by a county clerk under this subsection may be shared evenly between the county Page 15 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA clerk and the county government, as provided in the ordinance.
If authorized, any fees collected by a county clerk under this subsection may be shared evenly between the county clerk and the county government, as provided in the ordinance.
(3) Any employee so commissioned shall be required to execute bond, subject to the provisions of KRS 62.170, for the faithful and lawful performance of his duties.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (3) Any employee so commissioned shall be required to execute bond, subject to the provisions of KRS 62.170, for the faithful and lawful performance of his duties.
Page 16 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA The commissioner, all personnel of the department and all officers and other persons appointed by the commissioner may execute any process issued by a court, enforcing the provisions of this chapter or any law relating to the propagation or protection of fish and wildlife in the same manner as any[ constable or] sheriff.
The commissioner, all personnel of the department and all officers and other persons appointed by the commissioner may execute any process issued by a court, enforcing the provisions of this chapter or any law relating to the propagation or protection of fish and wildlife in the same manner as any[ constable or] sheriff.
Additional jurisdiction may be Page 17 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA established by agreement with the chief of police of the municipality or sheriff of the county or the appropriate law enforcement agency in which such property is located, dependent upon the jurisdiction involved.
Additional jurisdiction may be established by agreement with the chief of police of the municipality or sheriff of the county or the appropriate law enforcement agency in which such property is located, dependent upon the jurisdiction involved.
Where desirable and at the discretion of the public postsecondary education institution's police officials, the institution's police department may coordinate said investigations with any law enforcement agency of Page 18 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA this Commonwealth or with agencies of the federal government.
Where desirable and at the discretion of the public postsecondary education institution's police officials, the institution's police department may coordinate said investigations with any law enforcement agency of this Commonwealth or with agencies of the federal government.
(5) Nothing in KRS 164.950 to 164.980 shall be construed as a diminution or modification of the authority or responsibility of any city or county police department, the Department of Kentucky State Police, sheriff, constable granted police powers, or other peace officer either on the property of an institution of postsecondary education or otherwise.
CHAPTER 90 9 (5) Nothing in KRS 164.950 to 164.980 shall be construed as a diminution or modification of the authority or responsibility of any city or county police department, the Department of Kentucky State Police, sheriff, constable granted police powers, or other peace officer either on the property of an institution of postsecondary education or otherwise.
(b) To enforce, and to assist officials of their respective airport boards in the enforcement of the lawful rules and regulations of said airport board, and to Page 19 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA assist and cooperate with the law enforcement agencies and officers.
(b) To enforce, and to assist officials of their respective airport boards in the enforcement of the lawful rules and regulations of said airport board, and to assist and cooperate with the law enforcement agencies and officers.
(3) Safety and security officers appointed pursuant to KRS 183.110 and 183.880 to Page 20 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA 183.886 shall have, in addition to the other powers enumerated herein, the power to conduct investigations anywhere in this Commonwealth, provided such investigation relates to criminal offenses which occurred on property owned, leased, or controlled by the airport board.
(3) Safety and security officers appointed pursuant to KRS 183.110 and 183.880 to 183.886 shall have, in addition to the other powers enumerated herein, the power to conduct investigations anywhere in this Commonwealth, provided such investigation relates to criminal offenses which occurred on property owned, leased, or controlled by the airport board.
(5) Nothing in KRS 183.110 and 183.880 to 183.886 shall be construed as a diminution or modification of the authority or responsibility of any city or county police department, the Department of Kentucky State Police, sheriff, constable granted police powers, or other peace officer either on the property of an airport board or otherwise.
(5) Nothing in KRS 183.110 and 183.880 to 183.886 shall be construed as a diminution or modification of the authority or responsibility of any city or county police department, the Department of Kentucky State Police, sheriff, constable granted police powers, or other peace officer either on the property of an airport board or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY otherwise.
This subsection shall not apply to the use of red flashing lights on Page 21 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA school buses or to stop lights or turn signals at the rear of any motor vehicle.
This subsection shall not apply to the use of red flashing lights on school buses or to stop lights or turn signals at the rear of any motor vehicle.
(6) (a) Any constable meeting the requirements of subsection (2) of Section 1 of this Act may, upon approval of the fiscal court in the county of jurisdiction, the legislative council of an urban-county government, or the legislative Page 22 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA body of a consolidated local government, equip vehicles used by said officer as emergency vehicles with one (1) or more flashing, rotating or oscillating blue lights, visible under normal atmospheric condition from a distance of five hundred (500) feet to the front of such vehicle, and a siren, whistle or bell, capable of emitting a sound audible under normal conditions from a distance of not less than five hundred (500) feet.
(6) (a) Any constable meeting the requirements of subsection (2) of Section 1 of this Act may, upon approval of the fiscal court in the county of jurisdiction, the legislative council of an urban-county government, or the legislative body of a consolidated local government, equip vehicles used by said officer as emergency vehicles with one (1) or more flashing, rotating or oscillating blue lights, visible under normal atmospheric condition from a distance of five hundred (500) feet to the front of such vehicle, and a siren, whistle or bell, capable of emitting a sound audible under normal conditions from a distance of not less than five hundred (500) feet.
Page 23 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA (7) Any person who is a paid or voluntary member of any ambulance service furnishing emergency medical services for a political subdivision of the state may equip his or her vehicle with red flashing, rotating, or oscillating lights and a siren, bell, or exhaust whistle if he or she has first been given permission, in writing, to do so by the chief or director of the ambulance service.
CHAPTER 90 11 (7) Any person who is a paid or voluntary member of any ambulance service furnishing emergency medical services for a political subdivision of the state may equip his or her vehicle with red flashing, rotating, or oscillating lights and a siren, bell, or exhaust whistle if he or she has first been given permission, in writing, to do so by the chief or director of the ambulance service.
The security officers shall be peace officers and conservators of the peace on racing commission property and at all race tracks and grounds in the Commonwealth and shall possess all the common law and statutory powers and privileges now available or hereafter Page 24 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA made available to sheriffs, constables granted police powers, and police officers for the purpose of enforcing all laws relating directly or indirectly to the conduct of horse racing and pari-mutuel wagering thereon, or the enforcement of laws relating to the protection of persons or property on premises licensed by the racing commission.
The security officers shall be peace officers and conservators of the peace on racing commission property and at all race tracks and grounds in the Commonwealth and shall possess all the common law and statutory powers and privileges now available or hereafter made available to sheriffs, constables granted police powers, and police officers for the purpose of enforcing all laws relating directly or indirectly to the conduct of horse racing and pari-mutuel wagering thereon, or the enforcement of laws relating to the protection of persons or property on premises licensed by the racing commission.
The salary of the executive director to the racing commission shall be prorated among and paid by the various associations licensed under this chapter in the manner as the racing commission shall, by administrative Page 25 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA regulation, provide.
The salary of the executive director to the racing commission shall be prorated among and paid by the various associations licensed under this chapter in the manner as the racing commission shall, by administrative regulation, provide.
The bond shall be executed in the county in which the policeman resides, or in which the railroad has its registered process agent, if any, within the state, or in which the policeman performs any duties as a railroad policeman, and the bond shall be approved, and the oath administered, by the county judge/executive.
The bond shall be executed in the county in which the policeman resides, or in which the railroad has its registered process agent, if any, within the state, or in which Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY the policeman performs any duties as a railroad policeman, and the bond shall be approved, and the oath administered, by the county judge/executive.
Page 26 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA Any peace officer, including sheriffs and their deputies, constables and their deputies granted police powers, city police officers, county police or patrols, and special officers appointed by any agency of the Commonwealth of Kentucky for the enforcement of its laws relating to motor vehicles and boats or boating, now existing or hereafter enacted, shall be authorized and it is hereby made the duty of each of them to enforce the provisions of this chapter and to make arrests for any violation or violations thereof, and for violations of any other law relating to motor vehicles and boating, without warrant if the offense be committed in his or her presence, and with warrant or summons if he or she does not observe the commission of the offense.
Any peace officer, including sheriffs and their deputies, constables and their deputies granted police powers, city police officers, county police or patrols, and special officers appointed by any agency of the Commonwealth of Kentucky for the enforcement of its laws relating to motor vehicles and boats or boating, now existing or hereafter enacted, shall be authorized and it is hereby made the duty of each of them to enforce the provisions of this chapter and to make arrests for any violation or violations thereof, and for violations of any other law relating to motor vehicles and boating, without warrant if the offense be committed in his or her presence, and with warrant or summons if he or she does not observe the commission of the offense.
Page 27 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA (4) "Bequeath" and "devise" mean the same thing;
(4) "Bequeath" and "devise" mean the same thing;
Show all 59 changed rows (19 more)
Previous
Latest
(b) The date the document or package was delivered or delivery was attempted;
CHAPTER 90 13 (b) The date the document or package was delivered or delivery was attempted;
(10) "Corporation" may extend and be applied to any corporation, company, partnership, Page 28 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA joint stock company, or association;
(10) "Corporation" may extend and be applied to any corporation, company, partnership, joint stock company, or association;
(20) "Graduated sanction" means any of a wide range of accountability measures and programs for supervised individuals, including but not limited to electronic Page 29 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA monitoring;
(20) "Graduated sanction" means any of a wide range of accountability measures and programs for supervised individuals, including but not limited to electronic monitoring;
(31) "Peace officer" includes sheriffs, constables granted police powers, coroners, jailers, metropolitan and urban-county government correctional officers, marshals, policemen, and other persons with similar authority to make arrests;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (31) "Peace officer" includes sheriffs, constables granted police powers, coroners, jailers, metropolitan and urban- county government correctional officers, marshals, policemen, and other persons with similar authority to make arrests;
(32) "Penitentiary" includes all of the state penal institutions except the houses of Page 30 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA reform;
(32) "Penitentiary" includes all of the state penal institutions except the houses of reform;
Page 31 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA (41) "State funds" or "public funds" means sums actually received in cash or negotiable instruments from all sources unless otherwise described by any state agency, state- owned corporation, university, department, cabinet, fiduciary for the benefit of any form of state organization, authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization whether or not the money has ever been paid into the Treasury and whether or not the money is still in the Treasury if the money is controlled by any form of state organization, except for those funds the management of which is to be reported to the Legislative Research Commission pursuant to KRS 42.600, 42.605, and 42.615;
(41) "State funds" or "public funds" means sums actually received in cash or negotiable instruments from all sources unless otherwise described by any state agency, state-owned corporation, university, department, cabinet, fiduciary for the benefit of any form of state organization, authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization whether or not the money has ever been paid into the Treasury and whether or not the money is still in the Treasury if the money is controlled by any form of state organization, except for those funds the management of which is to be reported to the Legislative Research Commission pursuant to KRS 42.600, 42.605, and 42.615;
Treatment options may include but shall not be limited to community- based programs that are consistent with evidence-based practices;
Treatment options may include but shall not be limited to community-based programs that are consistent with evidence-based practices;
cognitive- behavioral programs;
cognitive-behavioral programs;
(46) "Vacancy in office," or any equivalent phrase, means such as exists when there is an unexpired part of a term of office without a lawful incumbent therein, or when the person elected or appointed to an office fails to qualify according to law, or when Page 32 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA there has been no election to fill the office at the time appointed by law;
(46) "Vacancy in office," or any equivalent phrase, means such as exists when there is an unexpired part of a term of office without a lawful incumbent therein, or when the person elected or appointed to an office fails to qualify according to law, or when there has been no election to fill the office at the time appointed by law;
(49) "Year" means calendar year;
CHAPTER 90 15 (49) "Year" means calendar year;
(53) "Biennium" means the two (2) year period commencing on July 1 in each even- numbered year and ending on June 30 in the ensuing even-numbered year;
(53) "Biennium" means the two (2) year period commencing on July 1 in each even-numbered year and ending on June 30 in the ensuing even-numbered year;
(54) "Branch budget bill" or "branch budget" means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative Page 33 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet;
(54) "Branch budget bill" or "branch budget" means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet;
(b) In the event of extenuating circumstances beyond the control of an officer that prevent the officer from completing basic training within one (1) year, the commissioner of the department or his or her designee may grant the officer an extension of time, not to exceed one hundred eighty (180) days, in which to Page 34 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA complete the training.
(b) In the event of extenuating circumstances beyond the control of an officer that prevent the officer from completing basic training within one (1) year, the commissioner of the department or his or her designee may grant the officer an extension of time, not to exceed one hundred eighty (180) days, in which to complete the training.
(b) In the event of extenuating circumstances beyond the control of an officer that prevent the officer from completing the in-service training within one (1) year, the commissioner of the department or his or her designee may grant the officer an extension of time, not to exceed one hundred eighty (180) days, in which to complete the training.
(b) In the event of extenuating circumstances beyond the control of an officer that prevent the officer from completing the in-service training within one (1) year, the commissioner of the department or his or her Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY designee may grant the officer an extension of time, not to exceed one hundred eighty (180) days, in which to complete the training.
If the officer is unable to complete the in- service training due to injury or illness that prevents him or her from working as a peace officer, the one hundred eighty (180) day extension shall begin on the date that the officer returns to work.
If the officer is unable to complete the in-service training due to injury or illness that prevents him or her from working as a peace officer, the one hundred eighty (180) day extension shall begin on the date that the officer returns to work.
(e) The requirements of this subsection shall be waived for the period of time that Page 35 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA a peace officer is serving on active duty in the United States Armed Forces.
(e) The requirements of this subsection shall be waived for the period of time that a peace officer is serving on active duty in the United States Armed Forces.
(3) An officer who has lost his or her law enforcement powers due solely to his or her failure to meet the in-service training requirements of this section may regain his or her certification status and law enforcement powers upon successful completion of the training deficiency.
(3) An officer who has lost his or her law enforcement powers due solely to his or her failure to meet the in- service training requirements of this section may regain his or her certification status and law enforcement powers upon successful completion of the training deficiency.
(2) In determining the law enforcement officers for which it will offer training and in allocating available funds, the department shall give first priority to "police officers" Page 36 of 37 HB023910.100 - 3 - XXXX GA UNOFFICIAL COPY 22 RS HB 239/GA as defined by KRS 15.420(2), public airport authority security officers, and campus police;
(2) In determining the law enforcement officers for which it will offer training and in allocating available funds, the department shall give first priority to "police officers" as defined by KRS 15.420(2), public airport authority security officers, and campus police;
Page 37 of 37 HB023910.100 - 3 - XXXX GA
Returned to Secretary of State April 8, 2022, and became law without Governor's signature April 10, 2022.
⬇ Download PDF
View plain text versions (3)

Action History

  1. became law without Governor's Signature (Acts Ch. 90)

  2. filed without Governor's signature with the Secretary of State

  3. delivered to Governor

  4. enrolled, signed by President of the Senate

  5. enrolled, signed by Speaker of the House

  6. received in House

  7. passed 23-11

  8. floor amendments (2) (4) (5) and (7) rejected

  9. floor amendments (1), (3), (6) withdrawn

  10. 3rd reading

  11. passed over and retained in the Orders of the Day

  12. floor amendment (4) (5) (6) (7) filed

  13. posted for passage in the Regular Orders of the Day for Thursday, March 24, 2022

  14. floor amendment (1), (2) and (3) filed

  15. reported favorably, 2nd reading, to Rules

  16. returned to State & Local Government (S)

  17. 1st reading

  18. taken from State & Local Government (S)

  19. to State & Local Government (S)

  20. to Committee on Committees (S)

  21. received in Senate

  22. 3rd reading, passed 59-38

  23. posted for passage in the Regular Orders of the Day for Friday, February 25, 2022

  24. 2nd reading, to Rules

  25. reported favorably, 1st reading, to Calendar

  26. to Local Government (H)

  27. to Committee on Committees (H)

  28. introduced in House

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

8 sponsors · 0 co-sponsors · 130 not signed on · 33 voted No

Sponsors (8)

Co-sponsors (0)

None.

Not signed on (130)

130 members have not signed on to this bill.

Show all 130 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

FINAL PASS HB 239

Passed 23 Yea · 11 Nay
Party YeaNayPresentNot Voting
Democrat 2000
Unaffiliated 7800
Republican 14300
Total 231100
% of votes cast 68%32%0%0%
How each member voted (34)
Member Party Vote
Thomas — Yea
Westerfield — Yea
Schroder — Yea
McGarvey — Yea
Yates — Yea
Thayer — Yea
Alvarado — Nay
Parrett — Nay
Southworth — Nay
Meredith — Nay
Schickel — Nay
Turner — Nay
Nemes — Nay
Smith — Nay
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Nay
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Nay
Stephen West Republican Nay

Official roll call →

Pass

Passed 59 Yea · 38 Nay
Party YeaNayPresentNot Voting
Republican 232800
Unaffiliated 28900
Democrat 8100
Total 593800
% of votes cast 61%39%0%0%
How each member voted (97)
Member Party Vote
Donohue — Yea
Meredith — Yea
Santoro — Yea
Scott — Yea
Bentley — Yea
DuPlessis — Yea
Jenkins — Yea
Fischer — Yea
Sheldon — Yea
Minter — Yea
Flood — Yea
Koenig — Yea
Palumbo — Yea
Timoney — Yea
Burch — Yea
Pratt — Yea
Raymond — Yea
Westrom — Yea
Cantrell — Yea
Massey — Yea
Wheatley — Yea
Heath — Yea
McCoy — Yea
Dixon — Yea
Bechler — Nay
Nemes — Nay
Graham — Nay
Thomas — Nay
Prunty — Nay
Hatton — Nay
Webber — Nay
Smith — Nay
Huff R — Yea
Kirk McCormick — Nay
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Nay
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Nay
Adam Bowling Republican Nay
Bill Wesley Republican Nay
Bobby McCool Republican Nay
Chris Freeland Republican Yea
Chris Fugate Republican Nay
DJ Johnson Republican Yea
Daniel Elliott Republican Nay
Daniel Fister Republican Nay
David Hale Republican Nay
David Meade Republican Nay
David W. Osborne Republican Nay
Deanna Gordon Republican Yea
Derek Lewis Republican Nay
Felicia Rabourn Republican Nay
James Tipton Republican Nay
Jason Petrie Republican Nay
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Nay
Josh Branscum Republican Nay
Josh Bray Republican Nay
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Nay
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Nay
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Nay
Myron Dossett Republican Yea
Nancy Tate Republican Nay
Patrick Flannery Republican Nay
Randy Bridges Republican Yea
Ryan Dotson Republican Nay
Samara Heavrin Republican Nay
Savannah Maddox Republican Nay
Scott Lewis Republican Nay
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Nay
Timmy Truett Republican Yea
William Lawrence Republican Nay

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 239 do?
Create a new section of KRS Chapter 70 to prohibit any constable elected for the first time after January 1, 2023, from exercising general police powers unless certified, leaving all other constables unchanged; amend various KRS sections as they relate to constable powers and duties, especially those with police powers; allow constables to apply for training at any KLEC-approved basic training course, cost allocation determined; require the Department of Criminal Justice Training to accept one qualified constable per training class for training; APPROPRIATION.
Who sponsors HB 239?
HB 239 is sponsored by A. Koenig, J. Jenkins, Al Gentry (Democrat), C. Massey, C. Miller, Kimberly Poore Moser (Republican), Steven Rudy (Republican), and S. Westrom.
What is the current status of HB 239?
This bill has been enacted into law. Introduced January 07, 2022. Enacted.
Where can I track HB 239?
Track HB 239 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 239

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 239

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →