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House Bill 267

Actions | Amendments

Last Action	03/29/21: reported favorably, to Rules with Committee Substitute (1)
Title	AN ACT relating to local government and making an appropriation therefor.
Bill Documents	Current/Final Introduced
Fiscal Impact Statements	Local Mandate Additional Fiscal Impact Statements Exist
Bill Request Number	1243
Sponsors	A. Koenig, J. Jenkins, S. Rudy
Summary of Original Version	Create a new section of KRS Chapter 70 detailing the powers and duties of constables, excluding the general powers of peace or police officers, with certain exceptions; allow police powers where the county grants them and the constable or deputy has been certified pursuant to KRS 15.380, so long as that certification is maintained; amend KRS 15.707 deleting constables; amend KRS 16.060 deleting constables; amend KRS 61.300 deleting deputy constables; amend KRS 61.310 deleting deputy constables; amend KRS 63.170 by adding constables; amend KRS 63.180 by adding deputy constables; amend KRS 64.060 to remove noncertified constables from the fee schedule for services and allow certified constables to continue to receive fees per the schedule; amend KRS 64.190 to amend constable fee schedule; amend KRS 64.200 to exclude urban-county governments from constable compensation requirements and include deputy constables within reporting requirements; amend KRS 70.310 to require deputy constables to execute bond; amend KRS 70.320 to allow the appointment of deputy constables; specify how they are appointed and their numbers determined, and their qualifications; amend KRS 70.350 to specify where constables may execute warrants; amend KRS 70.410 to include deputy constables; amend KRS 70.430 to specify the nature and recipient of constable and deputy constable's reports; grant fiscal courts or county clerks and merged governments the authority to retain 25% of fees collected; amend KRS 70.440 to include mandated reports within false reporting prohibitions; amend KRS 148.056 to remove constables; amend KRS 150.100 to remove constables; amend KRS 164.955 to specify that powers of constables are not being diluted or removed; amend KRS 183.881 to specify that constable powers are not impaired or diminished; amend KRS 189.950 to permit vehicle blue lights for constables if the county grants them the authority and if they are certified as peace officers; amend KRS 230.240 to remove constables; amend KRS 277.280 to remove constables; amend KRS 281.765 to remove constables and deputies; amend KRS 446.010 to remove constables from definition of "peace officers"; amend KRS 454.140 to direct service of process first to sheriffs; exclude urban-county and consolidated local governments from this requirement, unless they pass ordinances granting the sheriff priority.
Index Headings of Original Version	County Judges/Executive - Constables and deputies, duties Local Government - Constables and deputies, powers of and appointment of deputies Peace Officers and Law Enforcement - Constables and deputies, restriction of police powers, without certification Consolidated Local Governments - Constables and deputies, powers of and appointment of deputies Bonds of Surety - Deputy constables, execution Cities - Constables and deputies, powers Constables - Powers, duties, fees, deputies, and certification Counties - Constable powers, duties, fees, deputies, and certification Counties, Urban - Constables and deputies, powers of and appointment of deputies Local Mandate - Constables and deputies, powers of and appointment of deputies
Jump to Proposed Amendments	House Committee Substitute 1 with Fiscal Impact Statements House Committee Amendment 1 Senate Committee Substitute 1 with Fiscal Impact Statements
Votes	Vote History

Actions

Top | Amendments

01/13/21	introduced in House to Committee on Committees (H)
02/02/21	to Local Government (H) posted in committee
03/02/21	taken from Local Government (H) 1st reading returned to Local Government (H)
03/03/21	reported favorably, 2nd reading, to Rules with Committee Substitute and committee amendment (1-title) posted for passage in the Regular Orders of the Day for Thursday, March 4, 2021
03/04/21	3rd reading, passed 61-34 with Committee Substitute and committee amendment (1-title)
03/05/21	received in Senate to Committee on Committees (S) to State & Local Government (S) taken from State & Local Government (S) 1st reading returned to State & Local Government (S)
03/11/21	taken from State & Local Government (S) 2nd reading returned to State & Local Government (S)
03/29/21	reported favorably, to Rules with Committee Substitute (1)

Proposed Amendments

Top | Actions

Amendment	House Committee Substitute 1
Fiscal Impact Statement	Local Mandate to House Committee Substitute 1
Summary	Prohibit any constable elected for the first time after January 1, 2023 from exercising general police powers unless certified, leaving all other constables unchanged. amend various sections of the KRS as they relate to constable powers and duties, especially those with police powers; allow constables to apply for training at any KLEC approved basic training course, cost allocation determined, require the Department of Criminal Justice Training to accept 1 qualified constable per training class for training; delayed effect Sections 1-26 take effect January 1, 2023, Section 27 to take effect July 1, 2023.
Index Headings	County Judges/Executive - Constables and deputies, duties Effective Dates, Delayed - Delayed, effective January 1, 2023, July 1 2023 Local Government - Constables and deputies, powers of and appointment of deputies Local Mandate - Constables and deputies, powers of and appointment of deputies Peace Officers and Law Enforcement - Constables and deputies, restriction of police powers, without certification Consolidated Local Governments - Constables and deputies, powers of and appointment of deputies Bonds of Surety - Deputy constables, execution Cities - Constables and deputies, powers Constables - Powers, duties, fees, deputies, and certification Counties - Constable powers, duties, fees, deputies, and certification Counties, Urban - Constables and deputies, powers of and appointment of deputies

Amendment	House Committee Amendment 1
Sponsor	M. Meredith
Summary	Make title amendment.
Index Headings	Title Amendments - HB 267

Amendment	Senate Committee Substitute 1
Fiscal Impact Statement	Local Mandate to Senate Committee Substitute 1
Summary	Retain original provisions of HB 267/GA; amend Section 21 to allow certified constables to employ emergency service lights; allow revocation in cases of public safety or abuse; and amend various sections to include consolidated local governments.
Index Headings	Peace Officers and Law Enforcement - Constables, emergency lights Consolidated Local Governments - Constables, powers and duties Constables - Emergency lights Local Mandate - Constables, powers and duties, lights

Last updated: 11/9/2023 2:52 PM (EST)