Kentucky HB 106(BR 368)

P. Clark, R. 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 (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 (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 (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 (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 (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 (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 (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 (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

From: Jay Huber
KMA/KBA State President
Subject: KY Moves Forward Again
Date: Thu, 19 Feb 1998

HB 106 our Helmet Bill passed out of the Senate Banking and Insurance
Committee on a unanimous vote of 7-0. This has cleared the way for the bill
to be put on the Consent calendar. What this means is that if it stays on
the Consent Calendar put on the Consent Orders no further amendments can be
added and there will be no floor debate. Several Senators have to sign a
petition to have it removed from Consent and we don't think they have enough
to do it. We should know the outcome by this coming Thursday and then it
will be on to the Governor. Our bill does have an amendment concerning
health insurance and we are letting it slide for now. I will explain why to
everyone after it becomes law.
If everything goes as planned KY will be
helmet free as of July 15, 1998. Please keep your fingers crossed for us.

If you were wondering what happened to SB 38. We were trying to use a seldom
used tactic called companion bills. Unfortunately SB 38 was held up by the
House Transportation Committee Chairman Rep. Hubert Collins and they were
not able to come together. SB 38 is still out there and if need be can be
revived. Right now though HB 106 has the wheels and the momentum and should
be able to carry us through.

On of our other pieces of legislation was passed the Senate floor yesterday.
It was HB 265 which allows for handicap plates for motorcycles. It is on its
way to the Governor for his signature.

Please keep the phone calls, letters, emails etc coming. The following is
the latest legislative alert that is being mailed to everyone. It was
prepared and readied to go before the Senate Committee Vote. Email is just
a little faster than snail mail. Thanks again for everyone's help and lets
keep the heat on and put this issue to bed.

Jay Huber
KMA/KBA State President


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