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HB 691 (BR 2090) - J. Haydon
AN ACT relating to highways.
Create a new section of KRS 189 to define the terms "emergency situation", "owner", "minor vehicle damage", and "safety officer"; create a new section of KRS 189 to require operators of vehicles involved in accidents resulting in only minor vehicle damage to move their vehicles out of the roadway, empower peace officers and safety officers to remove or have removed vehicles or property from the roadway, provide exemptions and limitations, give peace officers and the governmental agencies or organizations that employ them immunity from damage to vehicles or property moved under this section, give individuals and businesses working at the direction of peace officers immunity from liability for damage to vehicles or property moved under this section, require owner to be responsible for the costs associated with removal of vehicles or property, and give peace officers immunity for not acting under this section.
HB 691 - AMENDMENTS
HCS - Retain the provisions of the original bill with the following changes: in Section 1 delete the definition of minor vehicle damage; amend subsection (1) of Section 2 to provide that operators of vehicles involved in an accident where the vehicle is still operable are required to move the vehicle out of the roadway to prevent traffic problems unless the operator involved in an accident requires medical attention; and amend subsection (5) of Section 2 to provide that the owner or operator of a vehicle who is responsible for cargo or property having to be removed from the roadway to be responsible for reasonable costs associated with the removal, including reasonable public funds expended by government agencies.
HFA (1, J. Vincent) - Amend the definition of an emergency situation in subsection (1) of Section 1 to clarify emergency vehicles must be in transit before an emergency situation exists.
HFA (2, J. Vincent) - Amend subsection (5) of Section 2 to clarify that a person responsible for a traffic accident shall be responsible for costs to remove goods or property from the highway only after they have been found to be responsible by their own consent, or by the finding of a court of competent jurisdiction or by an administrative tribunal.
HFA (3, J. Vincent) - Amend subsection (4)(b) of Section 2 to provide that a person is not liable for damage occurring to goods or property when the person is removing the items from a highway traffic accident unless the person's actions were negligent, in addition to the existing provisions requiring the person's actions to be reckless or wanton.
HFA (4, J. Vincent) - Delete subsection (1) of Section 2 in its entirety; renumber existing subsections, correct internal references.
HFA (5, I. Branham) - Clarify in subsection (1) of Section 2 that vehicles involved in traffic accidents are not to be removed from the highway until the operator of the vehicle is directed to do so by a peace officer or safety officer.
HFA (6, K. Bratcher) - Add a new Section 3 to the House Committee Substitute to amend KRS 189.030, relating to when headlights must be used, to require headlights to be used during any period when the windshield wipers on the motor vehicle are in use.
Feb 14-introduced in House
Feb 15-to Transportation (H)
Feb 24-posted in committee
Mar 1-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 2-2nd reading, to Rules; floor amendments (1) (2) (3) (4) and (5) filed to Committee Substitute
Mar 3-posted for passage in the Regular Orders of the Day for Monday, March 6, 2000; floor amendment (6) filed to Committee Substitute
Mar 8-3rd reading; floor amendment (6) ruled not germane ; passed 93-2 with Committee Substitute, floor amendments (1) (2) (3) and (4)
Mar 9-received in Senate
Mar 13-to Judiciary (S)
Mar 21-reported favorably, 1st reading, to Consent Calendar
Mar 22-2nd reading, to Rules
Mar 27-posted for passage in the Consent Orders of the Day for Monday, March 27, 2000
Mar 29-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day
Apr 11-returned to Rules
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