UNOFFICIAL COPY 24 RS BR 1235
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AN ACT relating to local firearms control ordinances. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 65.870 is amended to read as follows: 3
A[(1) No existing or future] city, county, urban-county government, charter county, 4
consolidated local government, or unified local government[, special district, local or 5
regional public or quasi-public agency, board, commission, department, public 6
corporation, or any person acting under the authority of any of these organizations] may 7
enact ordinances regulating[occupy any part of the field of regulation of] the 8
manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, 9
or transportation of firearms, ammunition, components of firearms, components of 10
ammunition, firearms accessories, or combination thereof. 11
[(2) Any existing or future ordinance, executive order, administrative regulation, policy, 12
procedure, rule, or any other form of executive or legislative action in violation of 13
this section or the spirit thereof is hereby declared null, void, and unenforceable. 14
(3) Any person or organization specified in subsection (1) of this section shall repeal, 15
rescind, or amend to conform, any ordinance, administrative regulation, executive 16
order, policy, procedure, rule, or other form of executive or legislative action in 17
violation of this section or the spirit thereof within six (6) months after July 12, 18
2012. 19
(4) Pursuant to Section 231 of the Constitution of Kentucky, insofar as any person or 20
organization specified in subsection (1) of this section is considered an agent of the 21
Commonwealth, it is the intent of the General Assembly to exempt them from any 22
immunity provided in Section 231 of the Constitution of Kentucky to the extent 23
provided in this section. A person or an organization whose membership is 24
adversely affected by any ordinance, administrative regulation, executive order, 25
policy, procedure, rule, or any other form of executive or legislative action 26
promulgated or caused to be enforced in violation of this section or the spirit thereof 27 UNOFFICIAL COPY 24 RS BR 1235
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may file suit against any person or organization specified in subsection (1) of this 1
section in any court of this state having jurisdiction over any defendant to the suit 2
for declaratory and injunctive relief. A court shall award the prevailing party in any 3
such suit: 4
(a) Reasonable attorney's fees and costs in accordance with the laws of this state; 5
and 6
(b) Expert witness fees and expenses. 7
(5) If any person or organization specified in subsection (1) of this section violates this 8
section or the spirit thereof, the court shall declare the improper ordinance, 9
administrative regulation, executive order, policy, procedure, rule, or other form of 10
executive or legislative action specified in subsection (1) of this section null, void, 11
and unenforceable, and issue a permanent injunction against the person or 12
organization specified in subsection (1) of this section prohibiting the enforcement 13
of such ordinance, administrative regulation, executive order, policy, procedure, 14
rule, or any other form of executive or legislative action specified in subsection (1) 15
of this section. 16
(6) A violation of this section by a public servant shall be a violation of either KRS 17
522.020 or 522.030, depending on the circumstances of the violation. 18
(7) The provisions of this section shall not apply where a statute specifically authorizes 19
or directs an agency or person specified in subsection (1) of this section to regulate 20
a subject specified in subsection (1) of this section.] 21
Section 2. KRS 65.1591 is amended to read as follows: 22
(1) As used in this section: 23
(a) "Peer support communication" means any oral or written communication 24
made in the course of, or application for, a peer support counseling session or 25
any communication by a peer support participant regarding the contents of a 26
peer support counseling session to another peer support specialist, staff 27 UNOFFICIAL COPY 24 RS BR 1235
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member of a peer support counseling program, or the supervisor of a peer 1
support specialist; 2
(b) "Peer support counseling program" means a program provided by a public 3
agency to provide counseling services from a peer support specialist to a 4
public safety employee; 5
(c) "Peer support counseling session" means any counseling formally provided 6
through a peer support counseling program between a peer support specialist 7
and one (1) or more public safety employees; 8
(d) "Peer support participant" means a public safety employee who receives 9
counseling services from a peer support specialist; 10
(e) "Peer support specialist" means a public safety employee designated by the 11
public agency to provide peer support counseling who has received training in 12
both peer support counseling and in providing emotional and moral support to 13
public safety employees who have been in or exposed to an emotionally 14
traumatic experience in the course of employment; 15
(f) "Public agency" means any city, county, urban-county government, charter 16
county government, consolidated local government, unified local 17
government, special district, local or regional public or quasi-public agency, 18
board, commission, department, or public corporation[has the same meaning 19
as the entities listed in KRS 65.870 (1)]; and 20
(g) "Public safety employee" means an individual employed by a public agency 21
who: 22
1. Serves as a police officer as defined by KRS 15.420(2)(a)1.; 23
2. Serves in a position that is primarily engaged in firefighting activities, 24
whether paid or unpaid; 25
3. Serves as a certified telecommunicator as provided by KRS 15.560 to 26
15.565; or 27 UNOFFICIAL COPY 24 RS BR 1235
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4. Is licensed to provide emergency medical services as provided by KRS 1
Chapter 311A. 2
(2) Any public agency may create and design a peer support counseling program to 3
provide support to public safety employees who have been in or exposed to an 4
emotionally traumatic experience in the course of employment. 5
(3) The content of any peer support communication shall remain confidential and shall 6
not be disclosed to any individual who was not party to the peer support counseling 7
session or peer support communication, except when the peer support 8
communication contains: 9
(a) An explicit threat of suicide by a participant in which the participant shares an 10
intent to die by suicide, a plan to carry out a suicide attempt, or discloses the 11
means by which the participant intends to carry out a suicide attempt. This 12
paragraph shall not apply to any peer support communication where the 13
participant solely shares that the participant is experiencing suicidal thoughts; 14
(b) An explicit threat by a participant of imminent and serious physical and 15
bodily harm or death to a clearly identified or reasonably identifiable victim; 16
(c) Information related to the abuse or neglect of a child or an older adult or 17
vulnerable individual that is required by law to be reported; 18
(d) An admission of criminal conduct; or 19
(e) Information which is required by law to be disclosed. 20
(4) A peer support participant shall hold a privilege from disclosure of any peer support 21
communication in any disciplinary proceeding or any civil or criminal proceeding 22
unless it contains information exempted under subsection (3)(b), (c), (d), or (e) of 23
this section. Under this privilege, the peer support communication shall be subject 24
to the same protections as any counselor-client privilege provided under the 25
Kentucky Rules of Evidence in any criminal or civil proceeding. 26
(5) Nothing in subsection (3) or (4) of this section shall be interpreted or construed to 27 UNOFFICIAL COPY 24 RS BR 1235
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prohibit: 1
(a) The use of or sharing by the public agency of anonymous data for research, 2
statistical analysis, or educational purposes; 3
(b) The disclosure of an observation by an employee of the public agency of a 4
peer support participant outside of a peer support counseling session and not 5
contained in peer support communication; or 6
(c) The disclosure of knowledge of a law enforcement officer of the public 7
agency about a peer support participant not gained from peer support 8
communication. 9
Section 3. KRS 237.115 is amended to read as follows: 10
(1) Except as provided in KRS 527.020, nothing contained in KRS 237.109 or 237.110 11
shall be construed to limit, restrict, or prohibit in any manner the right of a college, 12
university, or any postsecondary education facility, including technical schools and 13
community colleges, to control the possession of deadly weapons on any property 14
owned or controlled by them or the right of a unit of state, city, county, urban-15
county, or charter county government to prohibit the carrying of concealed deadly 16
weapons in that portion of a building actually owned, leased, or occupied by that 17
unit of government. 18
(2) Except as provided in KRS 527.020, the legislative body of a state, city, county, or 19
urban-county government may, by statute, administrative regulation, or ordinance, 20
prohibit or limit the carrying of concealed deadly weapons in that portion of a 21
building owned, leased, or controlled by that unit of government. That portion of a 22
building in which the carrying of concealed deadly weapons is prohibited or limited 23
shall be clearly identified by signs posted at the entrance to the restricted area. The 24
statute or ordinance shall exempt any building used for public housing by private 25
persons, highway rest areas, firing ranges, and private dwellings owned, leased, or 26
controlled by that unit of government from any restriction on the carrying or 27 UNOFFICIAL COPY 24 RS BR 1235
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possession of deadly weapons. The statute, administrative regulation, or ordinance 1
shall not specify any criminal penalty for its violation but may specify that persons 2
violating the statute or ordinance may be denied entrance to the building, ordered to 3
leave the building, and if employees of the unit of government, be subject to 4
employee disciplinary measures for violation of the provisions of the statute or 5
ordinance.[ The provisions of this section shall not be deemed to be a violation of 6
KRS 65.870 if the requirements of this section are followed.] The provisions of this 7
section shall not apply to any other unit of government. 8
(3) Unless otherwise specifically provided by the Kentucky Revised Statutes or 9
applicable federal law, no criminal penalty shall attach to carrying a concealed 10
firearm or other deadly weapon at any location at which an unconcealed firearm or 11
other deadly weapon may be constitutionally carried. 12