HB 262 — AN ACT relating to driving under the influence and declaring an emergency.
Last action — signed by Governor (Acts Ch. 111)
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 14, 2023. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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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
Amend KRS 189A.103 to remove references to manufacturer's instructions for breath testing equipment.
Bill Text
What changed in the latest version
63 added · 78 removed63 line(s) added, 78 removed.
UNOFFICIALCHAPTER COPY111 231 RSCHAPTER 111 ( HB 262/GA262 ) AN ACT relating to driving under the influence and declaring an emergency.
(4) A breath test shall consist of a test which is performed in accordance with the Page 1 of 3 HB026210.100 - 1227 - XXXX 3/7/2023 6:20 PM GA UNOFFICIAL COPY 23 RS HB 262/GA standard operating procedures[manufacturer's instructions or instructions] adopted by the Department of Criminal Justice Training [and approved by the manufacturer ]for the use of the instrument.
Any person who is arrested for a violation of KRS 189A.010 [and who, upon breath analysis testing, shows an alcohol concentration reading of .15 percent or more ]shall be Page 2 of 3 HB026210.100 - 1227 - XXXX 3/7/2023 6:20 PM GA UNOFFICIAL COPY 23 RS HB 262/GA detained in custody at least six (6)[four (4)] hours following his or her arrest.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY SECTION 3.
PageSigned 3by ofGovernor 3March HB026210.10027, -2023. 1227 - XXXX 3/7/2023 6:20 PM GA
Action History
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signed by Governor (Acts Ch. 111)
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delivered to Governor
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enrolled, signed by President of the Senate
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enrolled, signed by Speaker of the House
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received in House
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3rd reading, passed 35-2
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posted for passage in the Regular Orders of the Day for Thursday, March 16, 2023
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reported favorably, to Rules
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returned to Judiciary (S)
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2nd reading
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taken from Judiciary (S)
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returned to Judiciary (S)
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1st reading
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taken from Judiciary (S)
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to Judiciary (S)
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to Committee on Committees (S)
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received in Senate
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3rd reading, passed 89-5 with Committee Substitute (1), Floor Amendment (1) and Committee Amendment (1-title)
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posted for passage in the Regular Orders of the Day for Friday, March 03, 2023
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2nd reading, to Rules
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floor amendment (1) filed to Committee Substitute
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reported favorably, 1st reading, to Calendar with Committee Substitute (1) and Committee Amendment (1-title)
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to Judiciary (H)
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to Committee on Committees (H)
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introduced in House
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 138 not signed on · 6 voted No
Sponsors (0)
None.
Co-sponsors (0)
None.
Not signed on (138)
138 members have not signed on to this bill.
Show all 138 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 2 | 0 | 0 | 0 |
| Republican | 19 | 2 | 0 | 0 |
| Unaffiliated | 14 | 0 | 0 | 0 |
| Total | 35 | 2 | 0 | 0 |
| % of votes cast | 95% | 5% | 0% | 0% |
How each member voted (37)
| Member | Party | Vote |
|---|---|---|
| Nemes | — | Yea |
| Turner | — | Yea |
| Schickel | — | Yea |
| Westerfield | — | Yea |
| Smith | — | Yea |
| ChambersArmstrong | — | Yea |
| Southworth | — | Yea |
| Williams | — | Yea |
| Wilson | — | Yea |
| Meredith | — | Yea |
| Thayer | — | Yea |
| Thomas | — | Yea |
| Yates | — | Yea |
| Harper Angel | — | Yea |
| Gerald A. Neal | Democrat | Yea |
| Karen Berg | Democrat | Yea |
| Amanda Mays Bledsoe | Republican | Yea |
| Brandon J. Storm | Republican | Nay |
| Christian McDaniel | Republican | Yea |
| Danny Carroll | Republican | Yea |
| David P. Givens | Republican | Yea |
| Donald Douglas | Republican | Yea |
| Gary Boswell | Republican | Yea |
| Jared Carpenter | Republican | Yea |
| Jason Howell | Republican | Yea |
| Jimmy Higdon | Republican | Yea |
| Julie Raque Adams | Republican | Yea |
| Lindsey Tichenor | Republican | Yea |
| Matthew Deneen | Republican | Yea |
| Max Wise | Republican | Yea |
| Phillip Wheeler | Republican | Yea |
| Rick Girdler | Republican | Yea |
| Robby Mills | Republican | Yea |
| Robert Stivers | Republican | Yea |
| Robin L. Webb | Republican | Nay |
| Shelley Funke Frommeyer | Republican | Yea |
| Stephen West | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 8 | 2 | 0 | 4 |
| Unaffiliated | 19 | 1 | 0 | 0 |
| Republican | 62 | 2 | 0 | 2 |
| Total | 89 | 5 | 0 | 6 |
| % of votes cast | 89% | 5% | 0% | 6% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Dixon | — | Yea |
| Smith | — | Yea |
| Nemes | — | Yea |
| Swann | — | Yea |
| Bentley | — | Yea |
| Justice | — | Yea |
| Palumbo | — | Yea |
| Thomas | — | Yea |
| Timoney | — | Yea |
| Pratt | — | Yea |
| Bratcher K. | — | Yea |
| Bratcher S. | — | Yea |
| Webber | — | Yea |
| Graham | — | Yea |
| Williams | — | Yea |
| Wilson | — | Yea |
| Heath | — | Yea |
| Meredith | — | Yea |
| Raymond | — | Nay |
| Stevenson C | — | Yea |
| Al Gentry | Democrat | Yea |
| Ashley Tackett Laferty | Democrat | Yea |
| Beverly Chester-Burton | Democrat | Yea |
| Chad Aull | Democrat | Yea |
| Daniel Grossberg | Democrat | Nay |
| George Brown Jr. | Democrat | Nay |
| Keturah J. Herron | Democrat | Not Voting |
| Lindsey Burke | Democrat | Not Voting |
| Lisa Willner | Democrat | Not Voting |
| Nima Kulkarni | Democrat | Yea |
| Pamela Stevenson | Democrat | Not Voting |
| Rachel Roarx | Democrat | Yea |
| Sarah Stalker | Democrat | Yea |
| Tina Bojanowski | Democrat | Yea |
| Aaron Reed | Republican | Yea |
| Adam Bowling | Republican | Yea |
| Amy Neighbors | Republican | Yea |
| Bill Wesley | Republican | Yea |
| Bobby McCool | Republican | Yea |
| Candy Massaroni | Republican | Yea |
| Chris Freeland | Republican | Yea |
| Chris Fugate | Republican | Yea |
| DJ Johnson | Republican | Yea |
| Daniel Elliott | Republican | Yea |
| Daniel Fister | Republican | Yea |
| David Hale | Republican | Yea |
| David Meade | Republican | Yea |
| David W. Osborne | Republican | Yea |
| Deanna Gordon | Republican | Yea |
| Derek Lewis | Republican | Yea |
| Emily Callaway | Republican | Nay |
| Felicia Rabourn | Republican | Nay |
| James Tipton | Republican | Yea |
| Jared Bauman | Republican | Yea |
| Jason Petrie | Republican | Yea |
| Jennifer Decker | Republican | Yea |
| Jim Gooch Jr. | Republican | Yea |
| John Blanton | Republican | Yea |
| John Hodgson | Republican | Yea |
| Josh Branscum | Republican | Yea |
| Josh Bray | Republican | Yea |
| Josh Calloway | Republican | Yea |
| Ken Fleming | Republican | Yea |
| Ken Upchurch | Republican | Yea |
| Kevin Jackson | Republican | Yea |
| Kim Banta | Republican | Yea |
| Kim King | Republican | Not Voting |
| Kimberly Poore Moser | Republican | Yea |
| Marianne Proctor | Republican | Yea |
| Mark Hart | Republican | Yea |
| Mary Beth Imes | Republican | Yea |
| Matt Lockett | Republican | Yea |
| Matthew Koch | Republican | Yea |
| Michael Sarge Pollock | Republican | Yea |
| Mike Clines | Republican | Yea |
| Myron Dossett | Republican | Yea |
| Nancy Tate | Republican | Yea |
| Patrick Flannery | Republican | Yea |
| Randy Bridges | Republican | Yea |
| Rebecca Raymer | Republican | Yea |
| Richard White | Republican | Yea |
| Robert Duvall | Republican | Not Voting |
| Ryan Dotson | Republican | Yea |
| Samara Heavrin | Republican | Yea |
| Savannah Maddox | Republican | Yea |
| Scott Lewis | Republican | Yea |
| Scott Sharp | Republican | Yea |
| Shane Baker | Republican | Yea |
| Shawn McPherson | Republican | Yea |
| Stephanie Dietz | Republican | Yea |
| Steve Rawlings | Republican | Yea |
| Steve Riley | Republican | Yea |
| Steven Doan | Republican | Yea |
| Steven Rudy | Republican | Yea |
| Susan Witten | Republican | Yea |
| Suzanne Miles | Republican | Yea |
| T.J. Roberts | Republican | Yea |
| Thomas Huff | Republican | Yea |
| Timmy Truett | Republican | Yea |
| William Lawrence | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 262 do?
- Amend KRS 189A.103 to remove references to manufacturer's instructions for breath testing equipment.
- What is the current status of HB 262?
- This bill has been enacted into law. Introduced February 14, 2023. Enacted.
- Where can I track HB 262?
- Track HB 262 free on One Click Politics — get push/email alerts when it moves.
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