05RS SB45

SB45

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SB 45/LM (BR 145) - D. Kelly

     AN ACT relating to reorganization.
     Amend and repeal various sections of the Kentucky Revised Statutes relating to the former Justice Cabinet, which is renamed Justice and Public Safety Cabinet; create Office of Drug Control Policy in Justice Cabinet; eliminate the Kentucky Alcohol and Substance Abuse Program; transfer Division of Motor Vehicle Enforcement in the Transportation Cabinet to the new cabinet; make other changes required; confirm Executive Order 2004-730, dated July 9, 2004, and Executive Order 2004-994, dated September 8, 2004.

SB 45 - AMENDMENTS


     SCA (1, R. Stivers II) - Amend to restore language relating to KY-ASAP; extend authority to promulgate administrative regulations to the Office of Drug Control Policy; delineate the independent aspects of the Department of Public Advocacy's operation within the Justice and Public Safety Cabinet; exempt the state police discipline system from the operation of the new Office of Investigations in the Justice and Public Safety Cabinet.

     SFA (1, D. Kelly) - Amend to delete provision allowing the secretary of the Justice and Public Safety Cabinet to commission employees of the office of investigations as peace officers for the purpose of enforcing state, federal, and local laws, ordinances, and administrative regulations.

     SFA (2, J. Carroll) - Specify what shall be investigated in section relating to investigations by cabinet.

     SFA (3, D. Kelly) - Retain all provisions of CA #1 except as relates to the Office of Investigations and simultaneously delete provision of SB 45 itself relating to Office of Investigations; replace with new language to create an Office of Investigations within the Justice Cabinet; delineate matters which the office may investigate; require referral to law enforcement if criminal activity is found; allow executive director of office to employ staff; require prior approval of the Secretary of the Justice Cabinet prior to investigating a person subject to KRS Chapter 16 relating to the state police.

     HCS (1/LM/CI) - Retain original provisions, except retain 5% limit on Justice Cabinet administrative expenses for Kentucky Law Enforcement Foundation Program Fund; limit assignment of other functions to Department of Kentucky Motor Vehicle Enforcement officers; prohibit Justice Cabinet employees from being federal as well as state peace officers; delete mandatory participation by courts and the Administrative Office of the Courts with regard to the Uniform Criminal Justice Information System and Automated Warrant System and strongly encourage participation by those agencies in the system; reinsert provision prohibiting requiring of fingerprinting of various applicants and add to the provision unless the fingerprinting is required by state law, federal law, or federal regulation; limit officers to enforcing traffic and motor carrier laws except in case of emergency; permit the Attorney General, Commonwealth's Attorneys, and county attorneys to apply for drug grants and funding without going through the Office of Drug Control Policy; limit the Office of Investigations' power to investigate the Department of Public Advocacy if it will have a prejudicial impact on a person who has an existing attorney-client relationship with an employee of the department.

     HCS (2/LM/CI) - Retain provisions of HCS 1 except limit the Office of Investigations to investigations of the executive branch of government and prevent the office from investigating the state police; refer matters concerning the investigation of state police to the commissioner of the state police for action in accordance with KRS Chapter 16.

     CCR - Cannot agree.

     Jan 5-introduced in Senate
     Jan 7-to Judiciary (S)
     Feb 1-taken from committee; laid on clerk's desk; taken from clerk's desk; 1st reading, to Calendar
     Feb 2-2nd reading; returned to Judiciary (S)
     Feb 7-taken from committee, returned to the Committee on Committees
     Feb 14-to State and Local Government (S)
     Feb 16-reported favorably, to Rules with committee amendment (1); posted for passage in the Regular Orders of the Day for Wednesday, February 16, 2005; floor amendment (1) filed
     Feb 17-3rd reading; committee amendment (1) adopted; passed over and retained in the Orders of the Day; floor amendment (2) filed
     Feb 18-passed over and retained in the Orders of the Day; floor amendment (3) filed
     Feb 22-committee amendment (1) withdrawn; floor amendments (1) and (2) withdrawn; passed 35-0 with floor amendment (3); received in House
     Feb 24-to Judiciary (H)
     Mar 1-posted in committee; posting waived
     Mar 2-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 3-2nd reading, to Rules; recommitted to State Government (H); posting waived; reassigned to Judiciary (H)
     Mar 4-reported favorably, to Rules with Committee Substitute (2); taken from Committee, placed in the Orders of the Day; 3rd reading, passed 92-1 with Committee Substitute (2); received in Senate
     Mar 8-posted for passage for concurrence in House Committee Substitute (2) on Tuesday, March 8, 2005; Senate refused to concur in House Committee Substitute (2); received in House; posted for passage for receding from House Committee Substitute (2); House refused to recede from Committee Substitute (2); Conference Committee appointed in House and Senate; Conference Committee report filed in House and Senate; Conference Committee report adopted in House; Free Conference Committee appointed in House


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