Courtesy warnings
to be given to
cell phone
violators until 2011

By Jody Norwood
Tribune-Courier News Editor
jnorwood@tribunecourier.com

FRANKFORT – More than 200 new laws are hitting the books beginning with the new state fiscal year this month. The laws were passed after lawmakers considered more than 800 bills during the 2010 regular session.

Among the laws taking effect are:

 Texting while driving is no longer legal in Kentucky. Violators will receive courtesy warnings until Jan. 1, 2011. After that, the first offense will cost $25 and each subsequent offense will run $50, in addition to applicable court costs.

Another new law involving cell phones makes it illegal for anyone under the age of 18 to use a cell phone while driving in Kentucky. The new cell phone legislation will require violators to pay fines of $50 on a first offense and $100 on each subsequent offense, plus court costs.

Both new laws involving cell phones are primary offenses, meaning a police officer may pull you over specifically for the cell phone use while driving.

 Amanda’s Law also goes into effect this month. The law– named after Amanda Ross, the ex-girlfriend of former State Representative Steve Nunn– allows judges to order anyone who violates a protective order to wear an electronic monitoring device. Ross sought an emergency protective order against Nunn several months before he allegedly shot and killed her outside her Lexington home in September.

Abusers could be required to wear the device by committing one or more “substantial” violations, including assault, stalking, wanton endangerment, kidnapping, theft, and destruction of property.

 A loophole that allowed drugged driving abusers to avoid conviction has been closed. Under previous law, it was considered a DUI offense for driving with a blood alcohol level greater than .08, but there is no mesaurable standard for impairment levels of a controlled substance.

Under the new law, if a blood test taken within two hours of cessation of operating a motor vehicle reveals the presence of any Schedule I controlled substance, other than marijuana, it is a per se DUI violation not requiring further proof.

The law also reduces the alcohol concentration from 0.18 to 0.15 for establishing an aggravating circumstance that allows for imposition of increased penalties for driving under the influence.

 Federal health care legislation now adds a 10 percent tanning tax on anyone paying to bronze themselves indoors. But there is a loophole for spray on tans, which don’t use UV light.

 Possession, trafficking, and cultivation of salvia is now illegal in Kentucky. Salvia, a psychoactive plant of the mint family, is becoming illegal to use or possess in most states.The law also criminalizes two drugs, piperazines and synthetic marijuana.

 A new law strengthens the penalty for sexual contact between correctional staff and inmates from a misdemeanor to a felony offense. The law was prompted after allegations of sexual misconduct at Otter Creek Correctional Complex, a privately owned prison that was under state contract to house female inmates. Female inmates have since been moved from Otter Creek to the West Kentucky Correctional Complex in Lyon County.

 County jails may now charge a medical copayment fee to state prisoners using local jail medical facilities.

 Principals, guidance counselors and teachers must complete a minimum of two hours of instruction in suicide prevention each school year.

For a complete list of laws passed and bills considered, visit www.lrc.ky.gov.