A bill that would replace hardship licenses for DUI offenders with an “ignition interlock license” if an ignition interlock device is installed on an offender’s vehicle passed the House by a vote of 96-0.
House Bill 60, sponsored by Rep. Dennis Keene, D-Wilder, now goes to the Senate for consideration.
An ignition interlock device is a breathalyzer-type device installed in a dashboard that keeps a vehicle from starting if the driver’s breath alcohol concentration level meets or exceeds 0.02.
Before being eligible for a license tied to an ignition interlock device—which the DUI offender would have to pay for—an offender would have to be enrolled in, or already have completed, an alcohol abuse treatment program. Anyone who has been incarcerated for DUI for any period of time would be allowed to apply for an ignition interlock license, according to the bill.
Ignition interlock licenses would not be granted for use in commercial motor vehicles under HB 60. Only noncommercial vehicles and motorcycles would apply.
HB 60 would also increase the time for driver’s license revocation for a first DUI within five years from the current 30 days to 120 days to a minimum of six months and maximum of nine months. It would also require revocation of the ignition interlock license of anyone who has violated the terms of the license, or require that a camera or other monitoring device be installed along with the device in that person’s vehicle.
Continuing to drive when an ignition interlock license has been revoked would be a Class A misdemeanor. An offender who drives without court-ordered identification or monitoring would be guilty of a Class D felony and have his or her license revoked for a longer period of time.
Keene said HB 60, which is similar to legislation he has sponsored in past sessions, could save 60-75 lives every year by limiting drunk driving accidents. He explained that the devices are affordable and preserve an offender’s “privilege” to drive.
“For the cost of a pack of cigarettes a day, the offender is given the privilege—not the right, but the privilege—to drive on own roads,” said Keene.
The House voted 84-13 to advance a bill that would provide oversight and regulations to public-private partnerships, so-called “P3s,” for state government and major transportation projects in Kentucky.
House Bill 443, sponsored by Rep. Leslie Combs, D-Pikeville, and House Majority Caucus Chair Sannie Overly, D-Paris, would allow state government and major transportation projects to partner with private companies to complete public infrastructure, transportation and other needs.
Provisions regarding local governments found in last session’s P3 bill—which was passed by the 2014 General Assembly but vetoed by the governor due to an amendment that would have eliminated the possibility of tolls for a Northern Kentucky bridge project — are not found in HB 443, said Combs.
“I understand the concerns that have been expressed by several, and right now what we’re going to do is focus on state agencies and transportation. Let’s move this forward because this is something that I think this state definitely needs,” said Combs.
She also said HB 443 does not mandate use of tolls on any project. The issue of tolls has been a concern of some lawmakers, particularly those in Northern Kentucky where there are concerns about replacing the aging I-75/I-71 Brent Spence Bridge over the Ohio River. Combs said the legislation specifically states that a “state authority shall not enter into a public-private partnership related to a project connecting the Commonwealth with the State of Ohio unless the General Assembly expressly authorizes it by passing a joint resolution.”
“This bill is about creating public private partnerships in Kentucky. It is not about a particular project. It’s not about doing a project in Northern Kentucky. It’s not about doing tolls,” said Combs.
Several amendments were filed to the bill including those called by Rep. Arnold Simpson, D-Covington. Some of his amendments failed but others were approved, including Simpson’s amendments would: require that major transportation projects connecting Kentucky to adjoining states be constructed and financed by a bi-state authority and that only that authority be allowed to enter into a P3 as part of the project; require additional cost analysis of any proposed transportation project that exceeds $100 million in total cost to see if a P3 is in the public interest; require that tolls imposed as part of a transportation project costing over $100 million that uses P3s expire when the initial construction debt is paid.
“Relative to full disclosure I think I need to admit two things,” said Simpson. “First, I am the individual who filed the amendment last year that basically precluded the utilization of tolls on the Brent Spence Bridge corridor project, and make no apologies for that. And the second thing I would like to tell you is I hate tolls.”
Simpson said P3s have been used in Kentucky for years including in local government. But he said P3 projects are “so large in scale that we have to proceed very cautiously. If we fail to do so, it puts our tax base at great jeopardy.”
HB 443 now goes to the Senate for consideration. An emergency clause attached to the bill would allow the bill would take effect immediately if it is signed into law.
A bill that would step up prosecution of those who pay for sex with Kentucky’s child human trafficking victims was approved by the House Judiciary Committee.
House Bill 515 sponsor House Majority Caucus Chair Sannie Overly, D-Paris, said prosecution of those who pay for sex with child human trafficking victims is difficult because abusers often claim they thought the child was over age 18—an adult, under the law–to avoid prosecution under the state’s human trafficking laws.
HB 515 would change that, ensuring those who pay for sex with a child prostitute cannot claim ignorance of the child’s age as a defense from prosecution for human trafficking.
Ernie Lewis with the Kentucky Association of Criminal Defense Lawyers spoke against the bill in committee, saying it is too broad. “What HB 515 does is take away the defense so even through (an) 18-year-old boy believes a person is of age, he can’t defend himself with that…and he’s facing 10 to 20 years in prison,” which can’t be probated, said Lewis. “That’s the effect of this bill.”
Overly, who has successfully sponsored others human trafficking bills in recent sessions, said the bill addresses “egregious crimes against children.”
HB 515 supporter Warren County Commonwealth’s Attorney Chris Cohron said what the bill does is put the onus on the person buying sex to make sure that a prostitute is, in fact, an adult. “Are you dealing with a child, or are you dealing with an adult?” is what Cohron said the bill attempts to ask.
Prostitution is illegal in Kentucky, but it is a misdemeanor whereas human trafficking– which includes coerced or forced adult prostitution and the selling of children for sex or other purposes– is a felony.
HB 515 now goes to the full House for consideration.
A bill that would allow students to use Kentucky Educational Excellence Scholarship (KEES) money during high school was unanimously approved by the Senate.
Senate Bill 110, sponsored by Sen. Max Wise, R-Campbellsville, would allow Kentucky juniors and seniors earning college credit through dual-credit courses to use KEES money they’ve earned to pay for up to six college credit hours.
Making a dual-credit course more readily available provides many benefits, Wise said.
“It can improve college and career readiness,” he said. “It can increase participation in postsecondary education. It can reduce postsecondary degree time. And it also can increase participation among low income and underserved populations.”
SB 110 passed the Senate unanimously. The bill now goes to the House of Representatives for consideration.
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