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PO Box 1070, Frankfort, KY 40602  Phone 502.875.2428, Fax 502.875.2845

BILLS WE'RE WATCHING: LEGISLATIVE UPDATE #6  Posted: February 25, 2005
Kentucky Resources Council, Inc.
Post Office Box 1070
Frankfort, Kentucky 40602
(502) 875-2428 phone
(502) 875-2845 fax
e-mail FitzKRC@aol.com

February 25, 2005

REGULAR SESSION: Bills We're Watching Update #6

This list profiles the significant environmental, conservation, consumer and general government bills that are being tracked by the Council during the 2005 session. This is the sixth of many updates. It will be updated at least weekly, and will be supplemented with more detailed analysis on key bills.

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WANT TO READ THE BILLS OR CONTACT LEGISLATORS?

For a copy of any bill, or to check the status of the bill, to track which committee it has been assigned to for hearing, and other legislative information, visit the Legislature's Homepage at http://www.lrc.state.ky.us

The phone number to reach a legislator in person is 502-564-8100 (this is not toll-free).

The toll-free meeting schedule information line is 1-800-633-9650. The toll-free message line is 1-800-372-7181, to leave a message for a legislator or an entire committee. The TTY message line is 1-800-896-0305. En Espanol, el nombre es 1-877-864-0202. The toll-free bill status number will be available in a week.

THE BEST WAY TO REACH LEGISLATORS – IT’S NEVER BEEN EASIER!

Did you know that for a single fax to 502-564-6543, you can reach all of the legislators that you want to contact? You can send a faxed letter, for example, to all Senators and Representatives by listing their individual names on a cover sheet and asking that each get a copy of your letter. The good folks at the LRC fax room will copy your fax and distribute it to all that you list (the recipients must be listed by name.) The LRC web page has a list of all legislators and all committee members.

DAY 22 of 30: 743 BILLS AND 327 RESOLUTIONS FILED

On January 4, 2005, the General Assembly convened in Frankfort for the regular "short" legislative session. The General Assembly has returned to session until adjournment on March 22, 2005.

Please note that the Council does not have a position on each bill listed. Some bills are tracked for general interest; others simply to assure that they do not become vehicles for polluter-sponsored amendments. KRC's position concerning bills is indicated with a plus (+) or minus (-). The primary sponsors and current status of the bill are also noted by Committee or chamber. Note that the House has a rule requiring that bills to be heard in committee be “posted” for 3 days or that the posting be waived the day prior to hearing. Where a bill is identified as being in a house committee followed by “posted” it may be taken up at the next committee meeting.

Today, February 25, a number of House bills were “recommitted to A&R” by House Leadership, which means that the bills will not be voted on by the House this session.

KRC has removed from this update the explanation of a number of bills that have not been heard by the committee to which they were assigned, and will likely not pass this session. The bill number has been retained. Please refer to prior updates for description of those bills.

SB 1 (D. Williams) (Defeated In Senate) (-)

Proposed constitutional amendment to allow the General Assembly to impose artificial caps on noneconomic and punitive damages in medical malpractice cases.

SB 8 (Boswell) (S. State & Local Govt) Gaming

SB 9 (Boswell) (S. Licensing & Occupations) Gaming

SB 31 (Tapp) (S. Appropriations & Revenue) Creates new tax credits for producers, blenders and retailers of biodiesel fuel (at least 2% mix of animal or plant oils with petroleum diesel).

SB 38 (Kelly) (H. Rules)

Bill codifying Fletcher Administration reorganization of economic development agency and boards. (KRC tracks all reorganization bills in order to monitor any provisions or amendments that would diminish the regulatory powers of environmental or public health.)

SB 39 (Kelly) (H. Transp., posted)

Bill codifying Fletcher Administration reorganization of Transportation Cabinet.

SB 40 (Kelly) (H. Eco. Dev., posted)

Bill codifying Fletcher Administration reorganization of Commerce Cabinet and eliminating Tourism Development Cabinet. Energy Division is moved to the new Commerce Cabinet under SB 41 and this bill.

SB 41 (Kelly) (H. Rules)

Bill codifying Fletcher Administration reorganization of natural resources, environment, labor and public protection agencies into Environmental and Public Protection Cabinet. Senate Committee Substitute transfers Department of Energy to Tourism Cabinet.

SB 43 (Kelly) (H. Rules)

Bill codifying Fletcher Administration reorganization of Personnel Cabinet.

SB 44 (Kelly) (H. Rules)

Bill codifying creation of Office of Homeland Security to coordinate comprehensive statewide homeland security strategy. The creation of a new agency appears duplicative of and redundant to the charge of the existing Division of Emergency Management, which by law is already empowered to develop and coordinate for the Governor all matters pertaining to the state comprehensive emergency management program and disaster and emergency response of the Commonwealth. At a time when the administration has collapsed such significant governmental functions as labor, utility and environmental protection into one agency, creation of a new agency is questionable. The proposed funding coordination and tracking could be added to the existing mandates of the Division of Emergency Management without the new overhead cost.

SB 45 (Kelly) (House)

Bill codifying Fletcher Administration reorganization of Justice Cabinet.

SB 46 (Kelly) (H. Rules)

Bill codifying Fletcher Administration reorganization of Education Cabinet.

SB 47 (Kelly) (H. Health & Welfare, posted)

Bill codifying Fletcher Administration reorganization of Cabinet for Health and Family Services.

SB 48 (Harris) (S. Ag. Nat. Res.) Sewer Annexation

SB 49 (Kelly) (H. Rules)

Bill codifying Fletcher Administration reorganization of Finance Cabinet.

SB 75 (Boswell) (S. A&R) Enterprise Zone Extension

SB 88 (Seum) (S. Judiciary)(-) Prohibition on Local Civil Rights Ordinances

SB 104 (Thayer)(Withdrawn)

SB 123 (Roeding, Pendleton, Kerr, Tapp) (H. Rules)

Bill amends various portions of existing law governing adoption and legislative review of administrative regulations.

SB 150 (Buford) (H. Local Govt)

Removes current prohibition against issuance by nonprofit corporations created by local government, of bonds for construction or acquisition of electric facilities.

SB 157 (Stivers) (H. Judiciary) (-)

The bill makes mandatory the posting of an appeal bond in zoning cases where the person is challenging a development proposal or land use change. The bill imposes at $25,000 to 100,000 appeal bond on any person seeking appellate court review of a zoning or planning approval. Under the bill, if a person has not prevailed in a circuit court appeal of a land use approval, before that person may file an appeal with the Court of Appeals the circuit court would be mandated, upon motion, to impose a $25,000 minimum appeal bond, which could be increased to $100,000 depending on the appellees’ proof of the costs, including delay, that the appeal could impose.

The chilling effect on meritorious appeals is apparent, since the bill creates a financial bar to seeking appellate review regardless of the strength of the appeal, and that will dissuade parties from seeking review or meritorious claims. Existing law already grants appellate courts sufficient authority to “police” bad-faith appeals, providing both for sanctioning of counsel who file frivolous or bad faith pleadings and for assessment of costs against parties. Courts may impose damages and single or double costs to the non-offending party pursuant to CR 73.02(4), and Civil Rule 11 provides authority to assess attorneys with the expenses incurred by their opponents, including attorney's fees.”

The bill does not establish a standard for an award of “costs” to the appellee if the appellant, having posted the bond and pursued an appeal, is unsuccessful. Is it unclear whether the bill intends that the existing standard by which an appeal court may, as a matter of the sound discretion of the court, award costs for frivolous or bad-faith litigation, would remain the standard, or whether a new lower standard be established so that an appellant would be required to pay costs including “delay costs” merely for appealing and being unsuccessful.

Finally, and most fundamentally, the singling out of this class of appeals for mandatory imposition of appeals bonds presupposes that appellants seeking review of a trial court decision upholding the proposed rezoning are presumptively or more likely to be frivolous and that there is a need to constrain the right to seek review for all appellants, regardless of the strength of or merits of the appeal. KRC rejects this premise.

SB 173 (Scorsone & Neal)(S. Judiciary)

Extends Civil Rights Laws To Address Gender Identity

SB 175 (Stivers)(H. Nat Res. & Env, posted)(-)

Bill provides authorization to Environment and Public Protection Cabinet to issue permits under Section 404 of the Clean Water Act.

KRC believes that delegation of the Section 404 program from the Corps of Engineers to the state at this time is not in the best interests of the state. Under current law, the National Environmental Policy Act requires a consideration by the Corps of the environmental consequences of issuance of authorizations allowing placement of dredged or fill material in rivers, streams, lakes and wetlands. Delegation would eliminate the requirement for an environmental impact statement or environmental assessment, and would also eliminate the “public interest review” under which the Corps can deny permits if on balance the public interest is not protected.

Additionally, given the budgetary constraints on the agency, the loss of technical staff, and the inability of the agency to fully meet its current water quality mandates, assumption of a new regulatory program is not in the best interest of existing programs or of the state’s waterways.

KRC has suggested language to the agency to address our concerns, which was rejected.

SB 180 (Stivers)(H. Nat Res & Env., posted)

Amends state law to extend the authority, beyond September 30, 2004, for remining incentives in Kentucky when the federal authority is extended.

SB 192 (Pendleton)(S. State & Local Govt) State modified version of “Religious Land Use and Institutionalized Persons Act of 2000”, 42 USC 2000cc et seq.

SB 213 (Seum) (S. Ag & NR) (-) Bill would eliminate Louisville Metro Air Pollution Control Board and would require any air pollution regulations adopted by any successor agency of Metro Louisville government be no more stringent than federal standards.

SB 214 (Seum) (S. State & Local Govt)(+) Green Space In Subdivisions

SB 216 (Rhoads & Others) (S. Education)(+) Blood Lead Testing For Children

SB 222 (Blevins and Worley) (S. Education)

Bill creates Commission for a Healthy Kentucky to improve health outcomes by implementing recommendations from Department for Public Health report “Healthy Kentuckians 2010”. KRC finds it curious that the DPH report failed to identify ending child blood lead poisoning as a statewide children’s health priority.

SR 1 (Williams)(Adopted) 2005 Senate Rules of Procedure.

SR 43 (Ridley & Pendleton) (Adopted)

Encourages state agencies to assist in promotion and preservation of Trail of Tears National Historic Trail.

HB 2 (Weaver) (H. Rules)

One of a number of bills introduced that would amend the state constitution to mandate that the General Assembly not adjourn a regular “long” session without enacting a budget and providing that, if they cannot accomplish that in the normal 60 legislative days for the long session, that they remain in session without pay until a budget is adopted. Pass committee after amendment to deny compensation to Governor and his Cabinet in the event that budget doesn’t pass in the 60 days.

HB 3 (Stacy and others) (H. Elections)

Substantively identical to HB 2.

HB 8 (Cornett) (S, Transportation) (-)

Expands existing “extended weight coal haul road system” to include all forms of mineral, oil and gas. This system allows trucks to haul in excess of the maximum gross weight limits for state road systems for payment of a decal fee. Bill also broadens ability of any mineral haulers to operate overweight on roads not included within the extended weight system through a cooperative agreement.

The Kentucky Transportation Cabinet estimates that the bill will add $360 million in costs to the road fund for bridge replacements and $25 million each year due to increased maintenance and bridge repair costs.

The haulage of coal and non-coal minerals, and use of coal, non-coal and oil/gas related heavy equipment and trucks on state and county roads in this state present significant public health, safety and quality of life concerns. The damage caused by hauling overweight through local neighborhood and residential community roads that were never designed to carry such industrial traffic, and interference with the quality of life of residents of regions where mineral extraction occurs, deserves legislative attention. Expansion of the existing problem of coal hauling overweight to include other forms of minerals, compounds rather than resolves the underlying problem.

The House passed the bill by a vote of 55-32.

HB 9 (Crimm) (H. Eco. Dev.) Revises enterprise zone statutes.

HB 19 (Montell and Embry) (H. Elections) Proposed state constitutional amendment providing that if budget is not adopted in session during even-numbered years (long session) that the Governor shall call a special session within 30 days of adjournment, and that the legislators will receive no pay other than expenses.

HB 29 (L. Clark & Draud) (S. State & Local Govt)

Bill providing for joint Senate and House cosponsorship of bill passed either chamber where a substantially similar one is pending in the other chamber.

HB 32 (Marzian and others) (H. Appropriations & Revenue) Cigarette Tax Increase

HB 39 (Nesler) (To Senate)

Bill authorizes transportation cabinet to allow local governments to erect motorcycle awareness signs with cabinet approval.

HB 56 (Burch) (S. Education)(+)

Bill creates a new Commission to develop an action plan to implement Department for Public Health’s Report “Healthy Kentuckians 2010.” Unfortunately, the findings and goals of that report and this bill fail to include ending childhood lead poisoning – a public health initiative that should be among the other childhood health priorities of this state. House Committee Substitute added provisions for physical activity and healthy beverages in elementary schools.

HB 57 (Baugh) (H. Appropriations & Revenue)

Companion bill to SB 31, creating new tax credits for producers, blenders and retailers of biodiesel fuel (at least 2% mix of animal or plant oils with petroleum diesel).

HB 59 (Weaver) (S. Veterans & Mil. Affairs)

Allows an agency to withhold from disclosure public records that might expose a vulnerability to terrorist act. The balance between the public’s right to know of the use, storage, and handling of hazardous and dangerous materials by facilities, and the desire to protect against exposure to vulnerabilities is a topic hotly debated in the nation. Sponsor agreed to a floor amendment, offered by Rep. Jim Wayne at KRC’s request, to assure that the exemption from disclosure records of “public utility” water, wastewater, sewage and gas systems would not impede access by the public to information necessary to determine utility compliance with air, waste and water pollution control obligations. The amendment was considered by the sponsor to be a friendly amendment and was adopted by the House. KRC appreciates Rep. Weaver’s and Rep. Wayne’s assistance.

HB 61 (Weaver) (H. Rules)

Bill creates new certification program for residential contractors, and requires after January 1, 2007 that any person contracting with a consumer to build, remodel or repair residential real estate be certified. HB 64 (Meeks) (H. Local Government, posted) Bill creates financial incentives to encourage development of interlocal county agreements for sharing and coordinating fire, police and emergency/rescue services.

HB 73 (De. Butler) (To Governor)

Bill alters qualification requirements for the licensure of land surveyors.

HB 77 (Graham) (Passed Senate, to House for Concurrence)

Act provides procedures for dissemination of information from office of Attorney General to state and local government on Open Meetings and Open Records Act procedures.

HB 79 (Baugh) (To Senate)

Bill allows for new category of Master Logger designation entitled “temporary master logger designation,” and allows Environmental and Public Protection Cabinet to establish requirements for that designation, and allows the temporary master logger to supervise a timber harvesting operation provided that the cabinet receives notice prior to beginning the operation. Sponsor agreed to technical committee amendment requested by KRC to clarify that the temporary license would expire after 4 months.

HB 81 (Fischer and S. Lee) (H. Judiciary) (-) Bill would prohibit local governments from legislating protections of civil rights.

HB 86 (Marzian) (H. Transp) Protective headgear for all-terrain vehicles; prohibits use of ATVs by children less than 16 years of age.

HB 97 (Denham) (To Senate)

Establishes new permanent legislative subcommittee on Rural Enhancement and development, with goal of improving quality of life of rural residents in the state.

HB 104 (Bratcher) (H. Local Govt) Lowers threshold for ballot referendums.

HB 110 (Burch) (S. H&W)

House counterpart to SB 47, Fletcher Administration reorganization bill on Cabinet for Health and Family Services.

HB 114 (Wuchner) (H. Rules)

Bill would reduce the number of Board members and change the composition and appointment of District Boards of Health, and would move authority to confirm appointments (which are made by the County Judge/Executive) from the local board of health to the fiscal court. The current requirement for a consumer member on the Board would be eliminated.

HB 122 (Feeley) (H. Local Govt) Sewer Annexation, counterpart to SB 48.

HB 129 (A. Smith) (H. Transp)(+) Bill adjusts downward by 10,000 pounds the upper weight limits for coal haulage by trucks with 2 – 5 axles.

HB 135 (DeCesare and others) (H. Elections & Const. Am.) Budget Const. Amendment.

HB 137 (Harmon) (H. State Govt) Would prevent Ky. River Authority from imposing water user fees on municipal tributary lakes or reservoirs not recharged by main stem.

HB 138 (Draud) (H. A&R) Bill similar to HB 32 on raising tobacco tax.

HB 143 (Wayne & Riggs) (H. Rules)

Amends planning statutes to address relationship of independent and joint planning units within counties.

HB 146 (Westrom) (H. Elections & Const. Ams.) Proposed constitutional amendment to allow in medical malpractice cases, the General Assembly to impose artificial caps on noneconomic and punitive damages.

HB 160 (Pullin) (S. State & Local Govt)

Eliminates confirmation by Interim Committee on Energy of appointments of PSC Commissioners; effect is that any appointments made when General Assembly is not in session will serve until they convene and confirm.

HB 172 (R. Nelson) (Recommitted) Creates new process for designating forest land as “classified forest”

HB 190 (Collins and others) (S. Ag NR)

Bill creates timeframes for processing, review, and approval or denial of permits for on-site sewage systems by both local health departments and the state Environmental and Public Protection Cabinet. KRC had initial concerns with language in Section 1(2) that directed issuance of a permit, rather than issuance or denial, implying that all permit applications were to be approved irrespective of whether the proposed on-site system is appropriate for the property. Additionally, for sites where a septic tank system is not appropriate due to soil or other conditions, the Cabinet was obligated under Section 2, to provide “information relating to an alternative on-site sewage system alternative that can be approved[.]”

In response to these concerns, KRC and the sponsor met and the sponsor agreed to several amendments addressing these two issues, providing additional time for both the Department of Health and Environmental Cabinets to review more complex cases, and clarifying that the now-discarded “perk test” is not a mandated tool for determining site suitability by the Health Departments.

HB 192 (Bowen and others) (H. Eco. Dev.) Extends duration of enterprise zones.

HB 205 (Wayne and Riggs) (House Floor) (+)

This bill would cover owners of mobile and manufactured homes who rent lots in mobile or manufactured home communities with two or more homes, and provides protections for renters by creating standards for evictions and utility surcharges.

HB 207 (Stein, Marzian, Meeks & Owens) (H. Judiciary) Amends state civil rights laws to extend protections against discrimination in employment and housing based on gender identity and sexual orientation.

HB 211 (Wayne) (S. State & Local Govt)

Makes several amendments to Executive Branch Ethics Commission operating procedures and reporting requirements.

HB 218 (McKee, Adams, Denham) (S. Rules)

Bill confirms Executive Order creating Division of Agritourism within Department of Agriculture.

HB 225 (Pullin) (S. Rules)

Creates a Kentucky Gas Transmission Authority with the Finance Cabinet, to issue revenue bonds to fund construction, improvement or repair of gas transmission pipelines where no transmission lines exist or where existing lines have insufficient capacity.

As initially drafted the bill raised a number of questions. In response to KRC’s concerns, the sponsor agreed to a series of committee and floor amendments to clarify that the authority will assist in financing repairs or construction of pipelines in constrained or underserved areas but will not own or construct lines, and several other technical changes.

HB 232 (Wayne & Riggs) (S. State & Local Govt)(+)

Modifies laws relating to planning commissions, to make them subject to ethics codes, extends comprehensive planning window to 20 years, specifies consultation required for plan changes and adoption.

HB 247 (Brinkman) (H. Judiciary) Significant revisions to law concerning partnerships.

HB 251 (DeCesare & Bowen) (H. Judiciary)(-) Bill would create a new section of Chapter 454 mandating an award of costs, expenses and attorneys fees against a party where a court finds that a civil action was malicious, harassing, legally without merit or factually frivolous, or a request to proceed in forma pauperis was false or misleading. Bill also provides makes mandatory the assessment of costs, expenses and attorney fees against inmates for frivolous suits (the court now may assess costs).

HB 267 (Hoover & Feeley) (S. A&R)

The House proposed Executive Branch Budget. KRC has expressed concerns regarding the transfer of funds from the petroleum storage tank account. The bipartisan House Committee Substitute is expected to pass the House this evening.

HB 272 (Hoover) (S. A&R)

The House “Tax Reform” Package. Among measures included are (1) a 3-year lower property tax rate for property that has been remediated for contamination under the state voluntary remediation law; (2) a tax credit for dealers distributing biodiesel fuel; (3) an individual or corporate income tax credit against expenses incurred in characterizing the extent of contamination and in remedying contamination of sites in the voluntary environmental remediation program; (4) a “clean coal credit” of $2 per ton against corporate income taxes individual income taxes or corporate license taxes, to electric power companies per ton of coal used to generate power at a “clean coal” facility. “Eligible coal” is that coal that is mined in Kentucky; (5) tax credits and inducements for companies incorporating technologies or other changes to produce environmentally superior products in terms of use of recycled content, lesser toxicity in manufacturing or use, or energy conservation; and (6) credits for rehabilitation of historic structures.

With respect to the “clean coal credit,” KRC has several concerns. First, why is the state creating tax credit incentives for installation of “clean coal technologies” when installation of those technologies are already required by law for new plants. Additionally, providing credits to companies based on tonnage of Kentucky coal burned is a Kentucky coal subsidy rather than a meaningful incentive for construction of new more efficient electric generation facilities, for whom the choice of fuel supplier depends on quality, reliability of delivery, and fuel composition. Credits or other inducements should be directed at the improvements in the efficiency in conversion of fuels to energy, improvements in waste minimization and reductions in emissions from such units, and other criteria that reward deployment of new generation technologies that perform better than baseline best available technology at capturing mercury, CO2 and other pollutants.

The House modified several aspects of the Governor’s tax plan, including lowering the cigarette tax increase proposed by the Governor, removing the proposed retail liquor tax and instead increasing the wholesale tax, and removing more low-income residents from the tax filing population.

HB 283 (Vincent) (H. Nat R. Env) Reporting requirements for junkyards and recycling facilities.

HB 297 (Marzian) (S. Judiciary)

Extends statute of limitations for claims resulting from exposure to vinyl chloride.

HB 302 (Hall & others) (H. Rules)

Creates new Kentucky Multiple-Use Recreational Trail Commission for two-year period to develop plan for a long-term permanent state entity to plan, promote, fund, and manage multi-county recreational trails which are developed for multiple uses, including pedestrians, horses, motorized and nonmotorized vehicles on privately owned land.

HB 315 (Stacy)(H. Elections & Const. Amendments)(+) Proposed constitutional amendment providing that if executive branch budget isn’t enacted on or before the 60th legislative day during an even-numbered year regular session, the terms of members of the General Assembly, the Governor and the Lieutenant Governor end 35 days later and special elections are called to fill those positions.

HB 319 (Fischer & Keene) (H. Local Govt, posted) Amendment to planning statutes to allow independent planning units created prior to 1966 to continue to operate independent of joint planning units.

HB 330 (Meeks) (Defeated in House 35-39) Bill creates a permitting process for an excavation of archaeological sites on private properties; increases penalties for desecration of human remains; provides right of access to private cemeteries for family members; provides procedures for notification and disposition of accidental disturbances or disinterment cases.

HB 331 (Meeks) (H. Rules)

Bill creates process for verification by Kentucky Heritage Council of the lack of known archaeological or human burial sites on real property, applies to any alteration of real property, provides procedures for addressing encountered remains.

HB 332 (Meeks & Owens)(S. State & Local Govt)

Bill reforms several aspects of laws concerning cemeteries, including codification of a right of reasonable access for families of deceased persons to cemeteries on private lands; recordation of the location and existence of cemeteries or graves in recorded deeds; and a listing and consideration of reinterment for native American remains held by state institutions.

HB 337 (Palumbo)(To Senate)

Bill relates to tax increment financing, and provides a process for creating “development areas for community redevelopment” in which identified distressed areas can be identified as redevelopment areas, and utilize tax increment financing and other redevelopment assistance tools.

HB 372 (Ballard)(H. NR & Env) Accreditation of environmental laboratories.

HB 390 (Hoover and others)(H. Elections, Const Am., posted) (+) Proposed constitutional amendment to repeal annual sessions and return to sessions every two years.

HB 406 (Cherry)(Tourism Development & Energy, posted) Authorizes creation of joint municipal power authorities comprised of two or more units of local government, and authorizes those authorities to plan, construct, finance and operate electric power, transmission and distribution facilities.

HB 421 (Webb & Pasley)(H. Licensing & Occupations) Creates permitting system for installation of major heating, ventilation and air conditioning systems.

HB 423 (Wayne)(H. Local Govt, posted) New section of Chapter 100 to empower local governments to assess and collect development impact fees for public facilities, such as water, wastewater, stormwater, schools, roads, parks and open space.

HB 427 (Kerr) (H. Tourism, Development & Energy, posted) Amends existing law to authorize Public Service Commission to allow water utility to implement a multi-year rate adjustment to implement a capital improvement plan.

HB 436 (Cherry) (S. State & Local Govt)

Amends Executive Branch Ethics law to include Public Service Commission as an “executive agency” and commission orders as “executive agency decisions.”

HB 440 (Nesler)(To Senate)

Amends existing law to require that installation and maintenance of gas appliances comply with manufacturer and administrative requirements and limiting licensee liability for damages for nonconforming installation or maintenance.

HB 447 (Palumbo)(H. Eco. Dev., posted) Tax incentive program for manufacturing, service technology and tourism business investments.

HB 450 (Gray) (H. Transp)(-) Raises state speed limits to 75 mph on interstates, 65 on state highways with over 4 lanes, 55 on state highways four lanes or less.

HB 456 (Rand & Vincent) (H. A&R) Recycling tax credits.

HB 457 (Webb & Montell)(To Senate)

Bill makes several changes to existing fish & wildlife laws, including strengthening certain penalties.

HB 459 (Palumbo) (H. Eco. Dev, posted) Bill downsizes the Board of the Commission on Small Business Advocacy, removing 5 state and 4 local government representatives among others.

HB 471 (Denham) (Recommitted to H. A&R) Floodplain construction permits.

HB 472 (Lindsay)(To Senate)

Environmental Covenant Act providing for uniformity of contents and effect of environmental covenants for restriction of land uses for remediated contamination sites.

HB 479 (Meeks, Simpson & Owens)(H. Health & Welfare, posting waived)(+) Lead poisoning prevention and screening HB 483 (Simpson)(H. NR & Env) Multi-resin plastic

HB 491 (Wilkey)(H. Elections, Const Ams, posted) Constitutional Amendment med. malp.

HB 507 (Moberly)(H. A&R) Bill would empower budget bill to amend, modify or suspend effect of other laws beyond budget cycle.

HB 508 (Moberly)(H. A&R) Bill would empower budget bill to amend, modify or suspend effect of other laws beyond budget cycle.

HB 509 (Pasley, Moberly, Stein, Wayne) (H. NR & Env)(+) Mining Reform HB 515 (Wuchner & others)(H. Judiciary) Takings Guidance

HR 2 (Adkins)

Adopts 2004 House Rules of Procedure as temporary rules for the 2005 Session.

HCR 12 (Gray) (Recommitted to House A&R) Urges Congress to pass amendment to U.S. Constitution “defining marriage as the union of one man and one woman in marriage.” The preamble to this resolution indicates that it is directed at reversing the trend to civil unions for same sex couples. Rep. Marzian has two floor amendments filed clarifying that the “one man and one woman” means one at a time.

HCR 15 (Gray) (H. Elections)

Urges Congress to pass an amendment to the U.S. constitution prohibiting abortion under any circumstance.

HR 23 (Nelson) (To Senate) (+)

Urges Citizens’ Stamp Advisory Committee to recommend issuance of a stamp commemorating the nation’s coal miners.

HCR 57 (P. Clark)(H. Rules)

Interim Joint Committee on Judiciary will study the use by government and private parties of eminent domain and to assess the advisability of safeguards to protect private property owners and the environment.

KRC believes that a review of the authority vested by state law to private entities, including utilities and certain extractive industries, to exercise the power of eminent domain, and the use of such authority by governments for nominally public purposes, is appropriate for review by a task force or standing legislative committee.

HJR 65 (Nelson) (To Senate)

Reauthorizes Forest Health Task Force

HR 104 (Richards & Others)(Adopted)

Adopts Rules of Procedure for 2005 Session

HCR 105(Pullin)(H. Rules)

Resolution directing Interim Special Subcommittee On Energy To Invite World Trade Organization representatives to discuss potential impact of WTO decisions on Kentucky.

HJR 112 (Denham)(H. Rules)

Joint resolution calls on Transportation Cabinet to continue efforts to develop signage program for temporary tourism events.

HJR 122 (Yonts) (H. Trans)

Designates US 25E from I-75 in Corbin to the Cumberland Gap Tunnel as “Daniel Boone Wilderness Trail.”

HJR 146 (Moberly)(H. A&R)

Provides that mandates and directives in Executive Branch Budget Memorandum have the force and effect of law.

HJR 158 (Couch)(H. Rules)(-)

Urges the Congress to enact President Bush’s “Clear Skies” proposal, which would produce less reductions in key air pollutants from major sources than existing law will provide. The initiative is stalled due to lack of support from moderate Congressional Republicans.

HJR 160 (Baugh)(House A&R)

Urges Interim Joint Committee on Local Government to study subdivision of land issues and planning official training.


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