98RS HB106


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HB 106 (BR 368) - P. Clark, Ro. Adams, S. Alexander, W. Allen, A. Arnold, S. Baugh, L. Brandstetter, K. Bratcher, M. Brown, De. Butler, Dw. Butler, B. Colter, W. Gee, J. Gooch, P. Hatcher Jr, J. Haydon, C. Hoffman, T. Kerr, P. Marcotte, A. Maricle, T. McKee, C. Miller, R. Murgatroyd, D. Newsome, J. Reinhardt, A. Simpson, J. Stewart, G. Stumbo, C. Walton, P. Worthington, B. Yonts

     AN ACT relating to the operation of motorcycles.
     Amend KRS 189.285 to make the wearing of a helmet optional for motorcycle passengers over the age of twenty-one (21) and motorcycle operators over the age of twenty-one (21) who have had a motorcycle operator's license for at least one (1) year; prohibit motorcycle operator with an instruction permit from carrying passengers, make technical corrections.


     HFA (1, F. Rasche) - Delete subsection (3) in its entirety and insert in lieu thereof a new subsection to eliminate the requirement for anyone to wear a motorcycle helmet, regardless of age, if the person has agreed to make an anatomical gift of his entire body under KRS 186.412 and KRS 311.195; establish a $15 fee the person must pay the circuit clerk to be issued 2 decals, one that is to be placed on the person's driver's license and the other on the license plate of the motorcycle to identify the person as an organ donor and exempt from wearing a motorcycle helmet.
     HFA (2/FN, M. Marzian) - Add subsection (8) to mandate that Medicaid cover medical costs not covered by other types of insurance for motorcyclists not wearing helmets who are involved in accidents.
     HFA (3, C. Geveden) - Amend subsection (3) to include only those persons who show proof of health insurance; insert a new subsection (4) to outline procedures for application to the Circuit Clerk for a decal showing proof of health insurance, set fee at $2; insert a new Section 2, which sets the punishment for noncompliance with Section 1 at a 90 day license suspension and a fine of $100-$500.
     HFA (4, C. Geveden) - Amend to add subsection (8) to provide that a motorcycle operator or passenger who rides without protective headgear and does not have health insurance shall waive their right to medical treatment and waive their right to sue medical providers for not providing treatment.
     HFA (5, J. Gray) - Amend subsection (3) to provide that a person operating a motorcycle must wear a helmet at all times when operating the motorcycle unless the person is operating the motorcycle on a divided limited-access highway of four or more lanes separated by a median; insert a new subsection (4) to clarify that helmet use is not required when a motorcycle is being operated in a parade.
     HFA (6, B. Heleringer) - Add a new section 2 to prohibit the biennial budget enacted in 1998 including any funding for any type of highway traffic safety device or signage on Kentucky's highways.
     HFA (7, B. Heleringer) - Add a new section 2 to the bill to give the act a short title to be known as "The Organ Donor Acceleration and Funeral Home Business Enhancement Act of 1998."
     HFA (8, C. Geveden) - Amend to include a paragraph (d) under subsection (3) to require motorcyclists who do not provide proof of health insurance to the county clerk when registering their motorcycles to wear helmets; add a new Section (2) to outline the procedures for issuance of a license plate decal, monitoring of nonrenewal or cancellation of insurance, and set fees; and add a new Section (3) to set penalties for non compliance with Section (1) at a 90 day license suspension and a $100-$500 fine.

     (Prefiled by the sponsor(s).)

     Jan 6-introduced in House
     Jan 7-to Transportation (H)
     Jan 28-reassigned to Tourism Development and Energy (H)
     Jan 29-posted in committee
     Feb 4-reported favorably, 1st reading, to Calendar; floor amendment (1) filed
     Feb 5-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for February 6, 1998; floor amendments (2) (3) and (4) filed
     Feb 6-floor amendment (5) filed
     Feb 9-floor amendments (6) and (7) filed
     Feb 10-floor amendment (8) filed; 3rd reading, Floor Amendments (2) and (5) defeated; passed 57-40 with Floor Amendment (8)
     Feb 11-received in Senate
     Feb 12-to Banking and Insurance (S)
     Feb 18-reported favorably, 1st reading, to Consent Calendar
     Feb 19-2nd reading, to Rules
     Feb 23-posted for passage in the Consent Orders of the Day for February 24, 1998
     Feb 24-3rd reading, passed 35-3
     Feb 25-received in House
     Feb 26-enrolled, signed by Speaker of the House
     Feb 27-enrolled, signed by President of the Senate; delivered to Governor
     Mar 3-signed by Governor

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