UNOFFICIAL COPY 25 RS BR 188 Page 1 of 15 XXXX 2/13/2025 10:00 AM Jacketed AN ACT relating to operating a motor vehicle. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1. KRS 189.292 is amended to read as follows: 3 (1) As used in this section:[,] 4 (a) "Operating a motor vehicle": 5 1. Means to operate a motor vehicle on a highway, including while 6 temporarily stationary because of traffic, a traffic control device, or 7 other momentary delays and circumstances; and 8 2. Does not include a circumstance in which the vehicle has pulled over 9 to the side of, or off, an active roadway and has stopped in a location 10 where it can safely remain stationary; 11 (b) "Personal communication device" means a portable device capable of two (2) 12 way audio or text communication that emits an audible signal, vibrates, 13 displays a message, or otherwise summons or delivers communication to the 14 possessor, including but not limited to: 15 1. A paging device; 16 2. A text-messaging device; 17 3. A stand-alone computer; 18 4. A tablet; 19 5. A laptop; 20 6. A notebook computer; 21 7. A personal digital assistant; 22 8. A global positioning system receiver; 23 9. A telephone; 24 10. A device capable of displaying a video, movie, broadcast television 25 image, or visual image; 26 11. Any substantially similar wireless device that is used to initiate or 27 UNOFFICIAL COPY 25 RS BR 188 Page 2 of 15 XXXX 2/13/2025 10:00 AM Jacketed receive communication, information, or data; or[ and a] 1 12. A cellular telephone; 2 (c) "Stand-alone electronic device" means a portable device other than a 3 personal communication device that stores audio or video data files to be 4 retrieved on demand by a user; and 5 (d) 1. "Use" or "uses" means: 6 a. Holding a personal communication device or stand-alone 7 electronic device in either or both hands or with any other body 8 part; 9 b. Reaching for a personal communication device or stand-alone 10 electronic device in a manner that requires the driver to no 11 longer be in a seated driving position or properly restrained by a 12 safety belt; 13 c. Watching a video, movie, or live broadcast on a personal 14 communication device or stand-alone electronic device other 15 than viewing data mapping related to the navigation of the motor 16 vehicle or the static background on the personal communication 17 device; 18 d. Recording, posting, sending, or broadcasting a video, including a 19 video conference, or a still photograph on a personal 20 communication device or a stand-alone electronic device. This 21 prohibition shall not apply to electronic devices used for the sole 22 purpose of continuously recording or broadcasting a video 23 within or outside of the motor vehicle; 24 e. Reading from or manually entering data into a personal 25 communication device, including doing so for the purposes of 26 single messaging service (SMS) texting, emailing, instant 27 UNOFFICIAL COPY 25 RS BR 188 Page 3 of 15 XXXX 2/13/2025 10:00 AM Jacketed messaging, social media interaction, or engaging in any other 1 form of electronic data retrieval or electronic data 2 communications; or 3 f. Manually inputting information into a global positioning or 4 navigation system that is physically mounted or electronically 5 integrated into the motor vehicle. 6 2. "Use" or "uses" does not mean: 7 a. Utilizing an earpiece, headphone device, or device worn on a 8 wrist to conduct a voice-based communication; 9 b. Pressing a single button to activate, deactivate, or initiate a 10 feature or function of the device with a single touch or single 11 swipe, except those functions specified in subparagraph 1. of this 12 paragraph; 13 c. Utilizing a personal communication device to automatically 14 convert a voice-based communication to be sent as a message in 15 a written form; 16 d. Utilizing, by voice-based communication, a global positioning or 17 navigation system that is physically mounted or electronically 18 integrated into the motor vehicle; or 19 e. Operating a radio, citizens band radio, citizens band radio 20 hybrid, commercial two (2) way radio communication device or 21 its functional equivalent, subscription-based emergency 22 communication device, prescribed medical device, amateur or 23 ham radio device, or in-vehicle security or remote diagnostics 24 system. 25 (2) Except as provided in subsection (3) of this section, a[ no] person shall not use a 26 personal communication device or stand-alone electronic device[,] while 27 UNOFFICIAL COPY 25 RS BR 188 Page 4 of 15 XXXX 2/13/2025 10:00 AM Jacketed operating a motor vehicle[ that is in motion on the traveled portion of a roadway, 1 write, send, or read text-based communication using a personal communication 2 device to manually communicate with any person using text-based communication, 3 including but not limited to communications referred to as a text message, instant 4 message, or electronic mail]. 5 (3) Subsection (2) of this section shall not apply to: 6 (a) [The use of a global positioning system feature of a personal communication 7 device; 8 (b) The use of a global positioning or navigation system that is physically or 9 electronically integrated into the motor vehicle; 10 (c) The reading, selecting, or entering of a telephone number or name in a 11 personal communication device for the purpose of making a phone call; 12 (d) ]An operator of an emergency or public safety vehicle, when the use of a 13 personal communication device is an essential function of the operator's 14 official duties;[ or] 15 (b)[(e)] An[The] operator of a motor vehicle who uses[ writes a text message 16 on] a personal communication device to: 17 1. Report illegal activity; 18 2. Summon medical help; 19 3. Summon a law enforcement or public safety agency; or 20 4. Prevent injury to a person or property; or 21 (c) An operator of a school bus, who shall instead be subject to the provisions 22 of KRS 281A.205. 23 (4) This section shall not prohibit the operation of a motor vehicle while using a 24 device that is accessible through an interface that is embedded in a motor vehicle 25 that allows communication without the use of either of the driver's hands, except 26 to activate, deactivate, or initiate the feature or function of the device with a 27 UNOFFICIAL COPY 25 RS BR 188 Page 5 of 15 XXXX 2/13/2025 10:00 AM Jacketed single touch or swipe. 1 (5) The secretary of the Transportation Cabinet may promulgate administrative 2 regulations in accordance with[pursuant to] KRS Chapter 13A to implement the 3 provisions of this section, including but not limited to updates or advances in the 4 automotive and information technology industries. 5 Section 2. KRS 189.294 is amended to read as follows: 6 (1) As used in this section, the following terms["personal communication device" 7 shall] have the same meaning as [defined ]in KRS 189.292: 8 (a) "Operating a motor vehicle"; 9 (b) "Personal communication device"; and 10 (c) "Stand-alone electronic device." 11 (2) Any person under the age of eighteen (18) who has been issued an instruction 12 permit, intermediate license, or operator's license shall not use a personal 13 communication device or stand-alone electronic device in any manner, including 14 hands-free operation permitted under Section 1 of this Act, while 15 operating[operate] a motor vehicle, [motorcycle, or moped that is in motion on the 16 traveled portion of a roadway while using a personal communication device, 17 ]except to summon medical help or a law enforcement or public safety agency in an 18 emergency situation. 19 (3) [Use of a personal communication device does not include a stand-alone global 20 positioning system, a global positioning or navigation system that is physically or 21 electronically integrated into the motor vehicle, or an in-vehicle security, 22 diagnostics, and communications system, but does include manually entering 23 information into the global positioning system feature of a personal communication 24 device. 25 (4) This section shall not apply to the use of a citizens band radio or an amateur radio 26 by a motor vehicle operator. 27 UNOFFICIAL COPY 25 RS BR 188 Page 6 of 15 XXXX 2/13/2025 10:00 AM Jacketed (5) ]The secretary of the Transportation Cabinet may promulgate administrative 1 regulations in accordance with[pursuant to] KRS Chapter 13A to implement the 2 provisions of this section, including but not limited to updates or advances in the 3 automotive and information technology industries. 4 Section 3. KRS 189.990 is amended to read as follows: 5 (1) Any person who violates any of the provisions of KRS 189.020 to 189.040, 6 subsection (1) or (4) of KRS 189.050, KRS 189.060 to 189.080, subsections (1) to 7 (3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, subsections (2) to 8 (4) of KRS 189.190, KRS 189.200, 189.285, subsection (1) or (2) of KRS 189.290, 9 189.300 to 189.360, KRS 189.380, KRS 189.400 to 189.430, KRS 189.450 to 10 189.458, KRS 189.4595 to 189.480, subsection (1) of KRS 189.520, KRS 189.540, 11 KRS 189.570 to 189.590, except subsection (1)(b) or (6)(b) of KRS 189.580, KRS 12 189.345, subsection (6) of KRS 189.456, and 189.960 shall be fined not less than 13 twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 14 Any person who violates subsection (1)(a) of KRS 189.580 shall be fined not less 15 than twenty dollars ($20) nor more than two thousand dollars ($2,000) or 16 imprisoned in the county jail for not more than one (1) year, or both, unless the 17 accident involved death or serious physical injury and the person knew or should 18 have known of the death or serious physical injury, in which case the person shall 19 be guilty of a Class D felony. Any person who violates paragraph (c) of subsection 20 (5) of KRS 189.390 shall be fined not less than eleven dollars ($11) nor more than 21 thirty dollars ($30). Neither court costs nor fees shall be taxed against any person 22 violating paragraph (c) of subsection (5) of KRS 189.390. 23 (2) (a) 1. Except as provided in subparagraph 2. of this paragraph, any person 24 who violates the weight provisions of KRS 189.212, 189.221, 189.222, 25 189.226, 189.230, 189.270, or 189.2713 shall be fined two cents ($0.02) 26 per pound for each pound of excess load when the excess is five 27 UNOFFICIAL COPY 25 RS BR 188 Page 7 of 15 XXXX 2/13/2025 10:00 AM Jacketed thousand (5,000) pounds or less. When the excess exceeds five thousand 1 (5,000) pounds the fine shall be two cents ($0.02) per pound for each 2 pound of excess load, but the fine levied shall not be less than one 3 hundred dollars ($100) and shall not be more than five hundred dollars 4 ($500). 5 2. Any person who violates a posted bridge weight limit on a state-6 maintained bridge that is more than seventy-five (75) years old shall be 7 fined: 8 a. Five hundred dollars ($500) for the first offense; 9 b. One thousand dollars ($1,000) for the second offense within a one 10 (1) year period; and 11 c. Two thousand dollars ($2,000) for any subsequent offense within a 12 one (1) year period. 13 The Transportation Cabinet shall erect signs warning drivers of the 14 increased fines in this subparagraph. Signs erected under this 15 subparagraph shall be placed in such a manner that drivers are given 16 adequate warning in order to exit the road prior to crossing the bridge. If 17 warning signs are not erected in accordance with this subparagraph, the 18 fines in this subparagraph shall not apply and violators shall be fined 19 under subparagraph 1. of this paragraph. 20 (b) Any person who violates the provisions of KRS 189.271 and is operating on a 21 route designated on the permit shall be fined one hundred dollars ($100); 22 otherwise, the penalties in paragraph (a) of this subsection shall apply. 23 (c) Any person who violates any provision of subsection (2) or (3) of KRS 24 189.050, subsection (4) of KRS 189.090, KRS 189.221 to 189.230, 189.270, 25 189.2713, 189.280, or the dimension provisions of KRS 189.212, for which 26 another penalty is not specifically provided shall be fined not less than ten 27 UNOFFICIAL COPY 25 RS BR 188 Page 8 of 15 XXXX 2/13/2025 10:00 AM Jacketed dollars ($10) nor more than five hundred dollars ($500). 1 (d) 1. Any person who violates the provisions of KRS 177.985 while operating 2 on a route designated in KRS 177.986 shall be fined one hundred dollars 3 ($100). 4 2. Any person who operates a vehicle with a permit under KRS 177.985 in 5 excess of eighty thousand (80,000) pounds while operating on a route 6 not designated in KRS 177.986 shall be fined one thousand dollars 7 ($1,000). 8 (e) Nothing in this subsection or in KRS 189.221 to 189.228 shall be deemed to 9 prejudice or affect the authority of the Department of Vehicle Regulation to 10 suspend or revoke certificates of common carriers, permits of contract 11 carriers, or drivers' or chauffeurs' licenses, for any violation of KRS 189.221 12 to 189.228 or any other act applicable to motor vehicles, as provided by law. 13 (3) (a) Any person who violates subsection (1) of KRS 189.190 shall be fined not 14 more than fifteen dollars ($15). 15 (b) Any person who violates subsection (5) of KRS 189.190 shall be fined not 16 less than thirty-five dollars ($35) nor more than two hundred dollars ($200). 17 (4) (a) Any person who violates subsection (1) of KRS 189.210 shall be fined not 18 less than twenty-five dollars ($25) nor more than one hundred dollars ($100). 19 (b) Any peace officer who fails, when properly informed, to enforce KRS 20 189.210 shall be fined not less than twenty-five dollars ($25) nor more than 21 one hundred dollars ($100). 22 (c) All fines collected under this subsection, after payment of commissions to 23 officers entitled thereto, shall go to the county road fund if the offense is 24 committed in the county, or to the city street fund if committed in the city. 25 (5) Any person who violates KRS 189.370 shall for the first offense be fined not less 26 than one hundred dollars ($100) nor more than two hundred dollars ($200) or 27 UNOFFICIAL COPY 25 RS BR 188 Page 9 of 15 XXXX 2/13/2025 10:00 AM Jacketed imprisoned not less than thirty (30) days nor more than sixty (60) days, or both. For 1 each subsequent offense occurring within three (3) years, the person shall be fined 2 not less than three hundred dollars ($300) nor more than five hundred dollars 3 ($500) or imprisoned not less than sixty (60) days nor more than six (6) months, or 4 both. The minimum fine for this violation shall not be subject to suspension. A 5 minimum of six (6) points shall be assessed against the driving record of any person 6 convicted. 7 (6) Any person who violates KRS 189.500 shall be fined not more than fifteen dollars 8 ($15) in excess of the cost of the repair of the road. 9 (7) Any person who violates KRS 189.510 or KRS 189.515 shall be fined not less than 10 twenty dollars ($20) nor more than fifty dollars ($50). 11 (8) Any peace officer who violates subsection (2) of KRS 189.520 shall be fined not 12 less than thirty-five dollars ($35) nor more than one hundred dollars ($100). 13 (9) (a) Any person who violates KRS 189.530(1) shall be fined not less than thirty-14 five dollars ($35) nor more than one hundred dollars ($100), or imprisoned 15 not less than thirty (30) days nor more than twelve (12) months, or both. 16 (b) Any person who violates KRS 189.530(2) shall be fined not less than thirty-17 five dollars ($35) nor more than one hundred dollars ($100). 18 (10) Any person who violates any of the provisions of KRS 189.550 shall be guilty of a 19 Class B misdemeanor. 20 (11) Any person who violates subsection (3) of KRS 189.560 shall be fined not less than 21 thirty dollars ($30) nor more than one hundred dollars ($100) for each offense. 22 (12) The fines imposed by paragraph (a) of subsection (3) and subsections (6) and (7) of 23 this section shall, in the case of a public highway, be paid into the county road fund, 24 and, in the case of a privately owned road or bridge, be paid to the owner. These 25 fines shall not bar an action for damages for breach of contract. 26 (13) Any person who violates any of the provisions of KRS 189.120 shall be fined not 27 UNOFFICIAL COPY 25 RS BR 188 Page 10 of 15 XXXX 2/13/2025 10:00 AM Jacketed less than twenty dollars ($20) nor more than one hundred dollars ($100) for each 1 offense. 2 (14) Any person who violates any provision of KRS 189.575 shall be fined not less than 3 twenty dollars ($20) nor more than twenty-five dollars ($25). 4 (15) Any person who violates subsection (2) of KRS 189.231 shall be fined not less than 5 twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. 6 (16) Any person who violates restrictions or regulations established by the secretary of 7 transportation pursuant to subsection (3) of KRS 189.231 shall, upon first offense, 8 be fined one hundred dollars ($100) and, upon subsequent convictions, be fined not 9 less than one hundred dollars ($100) nor more than five hundred dollars ($500) or 10 imprisoned for thirty (30) days, or both. 11 (17) (a) Any person who violates any of the provisions of KRS 189.565 shall be guilty 12 of a Class B misdemeanor. 13 (b) In addition to the penalties prescribed in paragraph (a) of this subsection, in 14 case of violation by any person in whose name the vehicle used in the 15 transportation of inflammable liquids or explosives is licensed, the person 16 shall be fined not less than one hundred dollars ($100) nor more than five 17 hundred dollars ($500). Each violation shall constitute a separate offense. 18 (18) Any person who abandons a vehicle upon the right-of-way of a state highway for 19 three (3) consecutive days shall be fined not less than thirty-five dollars ($35) nor 20 more than one hundred dollars ($100), or imprisoned for not less than ten (10) days 21 nor more than thirty (30) days. 22 (19) Every person violating KRS 189.393 shall be guilty of a Class B misdemeanor, 23 unless the offense is being committed by a defendant fleeing the commission of a 24 felony offense which the defendant was also charged with violating and was 25 subsequently convicted of that felony, in which case it is a Class A misdemeanor. 26 (20) Any law enforcement agency which fails or refuses to forward the reports required 27 UNOFFICIAL COPY 25 RS BR 188 Page 11 of 15 XXXX 2/13/2025 10:00 AM Jacketed by KRS 189.635 shall be subject to the penalties prescribed in KRS 17.157. 1 (21) A person who operates a bicycle in violation of the administrative regulations 2 promulgated pursuant to KRS 189.287 shall be fined not less than ten dollars ($10) 3 nor more than one hundred dollars ($100). 4 (22) Any person who violates KRS 189.860 shall be fined not more than five hundred 5 dollars ($500) or imprisoned for not more than six (6) months, or both. 6 (23) Any person who violates KRS 189.754 shall be fined not less than twenty-five 7 dollars ($25) nor more than three hundred dollars ($300). 8 (24) Any person who violates the provisions of KRS 189.125(3)(a) shall be fined fifty 9 dollars ($50). This fine shall be subject to prepayment. A fine imposed under this 10 subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 11 court costs pursuant to KRS 24A.176, the fee imposed pursuant to KRS 24A.1765, 12 or any other additional fees or costs. 13 (25) Any person who violates the provisions of KRS 189.125(3)(b) shall[ not be issued a 14 uniform citation, but shall instead receive a courtesy warning up until July 1, 2009. 15 For a violation on or after July 1, 2009, the person shall] be fined thirty dollars 16 ($30). This fine shall be subject to prepayment. A fine imposed under this 17 subsection shall not be subject to court costs pursuant to KRS 24A.175, additional 18 court costs pursuant to KRS 24A.176, a fee imposed pursuant to KRS 24A.1765, or 19 any other additional fees or costs. A person who has not been previously charged 20 with a violation of KRS 189.125(3)(b) may elect to acquire a booster seat meeting 21 the requirements of KRS 189.125. Upon presentation of sufficient proof of the 22 acquisition, the charge shall be dismissed and no fees or costs shall be imposed. 23 (26) Any person who violates the provisions of KRS 189.125(6) shall be fined an 24 amount not to exceed twenty-five dollars ($25). This fine shall be subject to 25 prepayment. A fine imposed under this subsection shall not be subject to court costs 26 pursuant to KRS 24A.175, additional court costs pursuant to KRS 24A.176, the fee 27 UNOFFICIAL COPY 25 RS BR 188 Page 12 of 15 XXXX 2/13/2025 10:00 AM Jacketed imposed pursuant to KRS 24A.1765, or any other additional fees or costs. 1 (27) Fines levied pursuant to this chapter shall be assessed in the manner required by 2 KRS 534.020, in amounts consistent with this chapter. Nonpayment of fines shall 3 be governed by KRS 534.020 and 534.060. 4 (28) A licensed driver under the age of eighteen (18) charged with a moving violation 5 pursuant to this chapter as the driver of a motor vehicle may be referred, prior to 6 trial, by the court to a diversionary program. The diversionary program under this 7 subsection shall consist of one (1) or both of the following: 8 (a) Execution of a diversion agreement which prohibits the driver from operating 9 a vehicle for a period not to exceed forty-five (45) days and which allows the 10 court to retain the driver's operator's license during this period; and 11 (b) Attendance at a driver improvement clinic established pursuant to KRS 12 186.574. If the person completes the terms of this diversionary program 13 satisfactorily the violation shall be dismissed. 14 (29) A person who violates the provisions of subsection (2) or (3) of KRS 189.459 shall 15 be fined two hundred fifty dollars ($250). The fines and costs for a violation of 16 subsection (2) or (3) of KRS 189.459 shall be collected and disposed of in 17 accordance with KRS 24A.180. Once deposited into the State Treasury, ninety 18 percent (90%) of the fine collected under this subsection shall immediately be 19 forwarded to the personal care assistance program under KRS 205.900 to 205.920. 20 Ten percent (10%) of the fine collected under this subsection shall annually be 21 returned to the county where the violation occurred and distributed equally to all 22 law enforcement agencies within the county. 23 (30) (a) Prior to January 1, 2026, any person who violates KRS 189.292 or 189.294 24 shall not be issued a uniform citation, but shall instead receive a courtesy 25 warning. On or after January 1, 2026, any person who violates Section 1 or 26 2 of this Act shall be fined: 27 UNOFFICIAL COPY 25 RS BR 188 Page 13 of 15 XXXX 2/13/2025 10:00 AM Jacketed 1. Except as provided in paragraph (b) of this subsection, not less than 1 fifty dollars ($50) nor more than one hundred dollars ($100) for a first 2 or second offense;[twenty-five dollars ($25) for the first offense and 3 fifty dollars ($50) for each subsequent offense.] 4 2. Not less than one hundred dollars ($100) nor more than one hundred 5 ninety-nine dollars ($199) for a third or subsequent offense, or if the 6 violation results in an accident; and 7 3. Not less than two hundred dollars ($200) nor more than two hundred 8 fifty dollars ($250) if the violation occurs: 9 a. In a work zone when employees of the department or 10 construction workers are present; or 11 b. In a marked school zone when any warning flasher is in 12 operation. 13 (b) Except as prohibited under KRS 281A.185 for a person who holds or is 14 required to hold a commercial driver's license, for a first offense of any type 15 under this subsection, regardless of the circumstances of the offense, a 16 person may choose to attend a state traffic school established pursuant to 17 KRS 186.574 in lieu of paying a fine. 18 (c) In addition to the penalties prescribed in this subsection, three (3) points 19 shall be assessed against the driving record of any person who violates 20 paragraph (a)2. or 3. of this subsection. 21 (31) Any person who violates KRS 189.281(5) or (7)(b) shall be subject to a fine of two 22 hundred fifty dollars ($250). This fine shall be subject to prepayment. A fine 23 imposed under this subsection shall not be subject to court costs pursuant to KRS 24 24A.175, additional costs pursuant to KRS 24A.176, the fee imposed pursuant to 25 KRS 24A.1765, or any other additional fees or costs. 26 (32) Any person who violates subsection (3) or (4) of KRS 189.290 and causes physical 27 UNOFFICIAL COPY 25 RS BR 188 Page 14 of 15 XXXX 2/13/2025 10:00 AM Jacketed injury to a person shall be fined five hundred dollars ($500). 1 Section 4. KRS 189.2327 is amended to read as follows: 2 (1) Subject to the requirements of subsection (2) of this section, and except as provided 3 in subsection (30) of Section 3 of this Act, if a violation of KRS 189.290 to 4 189.575 or 189.910 to 189.960 occurred in a highway work zone, the fine shall be: 5 (a) Five hundred dollars ($500) if no person is physically injured or dies as a 6 result of the violation. Notwithstanding the provisions of KRS 189.999, the 7 fine under this paragraph is prepayable; and 8 (b) Not less than five hundred dollars ($500) nor more than ten thousand dollars 9 ($10,000) if the violation results in physical injury to or death of any person. 10 (2) (a) In order for an increased fine to be imposed under this section, the highway 11 work zone must have: 12 1. Signs displayed informing drivers of the existence of a highway work 13 zone and that fines are increased in it; and 14 2. At least one (1) bona fide worker present. 15 (b) If a violation of any of the offenses identified in subsection (1) of this section 16 can be classified as a misdemeanor, those penalties shall apply in addition to 17 the penalties in subsection (1) of this section. 18 (3) All fines collected for violations in a highway work zone under this section shall be 19 deposited into a separate trust and agency account within the Transportation 20 Cabinet known as the "highway work zone safety fund." The highway work zone 21 safety fund shall be used exclusively by the Transportation Cabinet to hire or pay 22 for enhanced law enforcement of traffic laws within highway work zones. 23 SECTION 5. A NEW SECTION OF KRS CHAPTER 281A IS CREATED TO 24 READ AS FOLLOWS: 25 A person who holds or is required to hold a commercial driver's license shall be subject 26 to Section 1 of this Act. However, if the penalties under federal regulation for conduct 27 UNOFFICIAL COPY 25 RS BR 188 Page 15 of 15 XXXX 2/13/2025 10:00 AM Jacketed prohibited under Section 1 of this Act are more stringent than the applicable penalties 1 outlined in Section 3 of this Act, the person shall be subject to the penalties under 2 federal regulation. 3 Section 6. This Act may be cited as the Phone-Down Kentucky Act. 4