Friday, July 4, 2008

New Laws Take Effect July 15

In this presidential election year, Fourth of July is a good time to remind ourselves that the laws that have the biggest impact on our daily lives are passed not in Congress and signed by the president, but are passed by the General Assembly and signed by the governor.

The 2008 General Assembly session may not have gotten the big issues settled - no casino gambling, a budget on the verge of shutting the state down - but it still passed a shitload of new laws that mostly flew under the radar.

Starting July 15, here are some of the new rules:

Adventure Tourism. Senate Bill 196 will boost the Kentucky's adventure tourism industry by allowing the state to enter agreements with private property owners for the use of their land for recreational activities. The agreements would allow property owners to permit public use of the land without facing the liability issues they otherwise would.

Alcohol vaporizers. House Bill 202 will ban the sale, purchase or use of alcohol vaporizing devices, which can be used to inhale intoxicating fumes of alcohol.

Amusement park safety. SB 203 will require more frequent inspections of amusement park rides and prevent anyone under 18 from operating the rides.

Animal cruelty.
SB 58 will increase penalties for those who torture dogs or cats. Causing physical injury to a dog or cat as a result of torture would be a Class A misdemeanor that carries up to a year in jail, while causing serious physical injury or death would be a Class D felony punishable by 1-5 years in prison. Currently, all torture cases involving a dog or cat are Class A misdemeanors for a first offense.

Blood donations. HB 139 will allow 16-year-olds who weigh at least 110 pounds to donate blood with written parental or legal guardian consent. The bill was crafted to help address blood shortages.

Booster Seats. SB 120 will require young children who are too big for infant car seats to be placed in booster seats when riding in vehicles. The bill states that children under 7 years old and between 40-50 inches tall must use the boosters. (Police will only issue courtesy warnings to violators until July 1, 2009. After that, a violator will face a $30 fine, which can be dismissed if the violator shows proof that a booster seat has been acquired.)

Bullying. HB 91 will require local school authorities to alert law enforcement when school harassment involves a potential felony. Yearly reports on school harassment will be made to the Department of Education and the Legislature.

Early voting.
HB 479 will give citizens greater access to the voting process by allowing them to request absentee ballot applications via email. The bill also allows members of the military to return unused absentee ballots and still be allowed to vote on Election Day.

Elections. HB 370 will erase the requirement that runoff elections be held in gubernatorial primary races if no candidate receives at least 40 percent of the vote.

Golden alert. SB 125 will create a "Kentucky Golden Alert" to make local media aware when an impaired adult, such as a person with Alzheimer's, is reported missing. The program will be similar to the Amber Alert program, in which cases of missing children are publicized so that more people will be on the lookout for the missing person.

Military. HB 168 will allow active duty military serving outside the state up to 90 days to renew their driver's licenses after returning to Kentucky. They could not be cited for driving without a license during that period.

Sex offenders. HB 211 will broaden Kentucky's child sex abuse laws while increasing penalties for abusers and those who fail to report abuse. The bill will include older children under state laws that protect minors from first-degree sexual abuse by raising the age of children covered by the law from 12 to 16, or 16 to 18, if the perpetrator is in a position of trust or authority.

Stolen Valor Act. HB 110 will make it a Class A misdemeanor for anyone to falsely apply for a special military license plate or misrepresent current or former military status with an intent to defraud, obtain employment, or be elected or appointed to public office.

Cross-posted at BlueGrassRoots.

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