Kentucky HB 58: AN ACT relating to patient quality of life. Create new sections of KRS Chapter 211 to define terms; establish the Palliative Care and Quality of Life Interdisciplinary Advisory Council within the Cabinet for Health and Family Services and create provisions and requirements; establish the Palliative Care Consumer and Professional Information and Education Program within the cabinet and create provisions and requirements; require all health facilities to establish systems for identifying patients or residents who could benefit from palliative care and provide information by 2021; allow the cabinet to require action plans and impose fines for those in violation.

Bill Text

CHAPTER 71
Legislative Research Commission PDF Version

1
CHAPTER 71
( HB 58 )
AN ACT relating to privacy protection.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO READ AS FOLLOWS:
(1) As used in this section:
(a) "Alert" means a notification generated by an ALPR indicating that a vehicle passed an ALPR with a
license plate that matches data held by the National Crime Information Center or other comparable
database;
(b) "Automated license plate reader" or "ALPR" means a system of one (1) or more automated high-
speed cameras used in combination with data processing to convert images of vehicles and license
plates into computer-readable data;
(c) "Captured license plate data" means the vehicle characteristics captured by an ALPR, including the:
1. Global positioning system device coordinates;
2. Date and time;
3. Photographs of the license plate and vehicle;
4. License plate number; and
5. Vehicle make, model, and color;
(d) "Law enforcement agency" has the same meaning as in KRS 61.298;
(e) "Public agency" has the same meaning as in KRS 61.870; and
(f) "Secured area" means an area, enclosed by clear boundaries, where access is or may be limited.
(2) It is unlawful for an individual, entity, partnership, corporation, association, or this Commonwealth, its
agencies, and political subdivisions to use an ALPR except as provided in this section.
(3) An ALPR may only be deployed or maintained:
(a) For purposes of:
1. Regulating parking;
2. Controlling access to secured areas; or
3. Promoting public safety, deterring crime, and addressing auto theft;
(b) By a public agency or law enforcement agency or its agents solely for purposes of:
1. Law enforcement, including but not limited to conducting criminal investigations or ensuring
compliance with local, state, or federal law; and
2. Commercial vehicle:
a. Permitting and credentialing enforcement;
b. Safety enforcement and monitoring;
c. Violation disputes;
d. Compliance investigations;
e. Audits; and
f. Research for the purpose of applying to commercial vehicle enforcement funding
grants; and
(c) By the Transportation Cabinet or its agents solely for purposes of:

ACTS OF THE GENERAL ASSEMBLY 2
1. Toll collection;
2. Road fund revenue collection; and
3. Commercial vehicle:
a. Permitting and credentialing enforcement;
b. Safety enforcement and monitoring;
c. Violation disputes;
d. Compliance investigations;
e. Audits; and
f. Research for the purpose of applying to commercial vehicle enforcement funding
grants.
(4) Captured license plate data obtained for a purpose described under this section:
(a) Shall not be preserved for more than ninety (90) days unless it:
1. Is retained for a lawful purpose described in subsection (3)(b) and (c) of this section;
2. Is retained by a law enforcement agency for:
a. Use as evidence in a criminal or insurance claim investigation;
b. Training purposes, provided that dates, times, and license plate numbers are redacted;
or
c. Auditing; or
3. Has become subject to a subpoena duces tecum or preservation of evidence notification;
(b) If the exemption described in paragraph (a)1. of this subsection applies, shall be retained and
destroyed in accordance with the applicable agency's record retention policy;
(c) Shall only be used by the entity deploying the ALPR, directly for the lawful purposes described in
subsection (3) of this section, except as described in paragraph (d) of this subsection; and
(d) Shall not be sold, shared, accessed, or transferred for any other purpose, except:
1. To a law enforcement officer or agency, or a third-party entity contracted with a law
enforcement officer or agency, solely for purposes of protecting public safety or conducting
criminal investigations;
2. In response to a subpoena duces tecum;
3. To the National Insurance Crime Bureau or its successor organization solely for purposes of
investigating insurance fraud, assisting in vehicle recovery, or adjudicating insurance claims;
4. a. To an insurance carrier, its agents, or an insurance support organization solely for
purposes of investigating insurance fraud, assisting in vehicle recovery, adjudicating
insurance claims, and preventing insurance fraud.
b. Notification of potential use of ALPR data shall not be required for vehicle owners who
have entered into an insurance contract or submitted an insurance application prior to
January 1, 2027. Individuals applying for insurance on or after January 1, 2027, shall
be notified by the insurance carrier of the potential use of ALPR data to enforce the
contract by either:
i. The privacy statement found on the insurance carrier's website;
ii. The disclaimer section of the insurance application; or
iii. Both;
5. a. To a financial institution or its agents or successors solely for purposes of collateral
recovery, enforcement of a lien, recovery of defaulted funds, or verification of
information provided within a loan application