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Kentucky Resources Council, PO Box 1070, Frankfort, KY 40602 Phone [502] 875-2428

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

2009 Regular Session: Bills We're Watching, 2nd Edition  Posted: February 6, 2009

2009 REGULAR SESSION: Bills We’ll Be Watching: Second Edition

This list profiles the environmental, conservation, consumer and general government bills that will be tracked by the Council during the 2009 session. This is the first of many updates, covering the 2009 legislative session, which began on January 8 and continues until March 27. This list will be updated at least weekly.

In order to allow more time for budget negotiations, the General Assembly schedule has changed. The chambers will recess on February 13, and reconvene on February 24, and recess again on March 13 until March 26 for the two veto days. During the week of February 17-20, committees will meet both otherwise no legislative business will be conducted.

Feel free to forward this to anyone you feel might be interested, and to utilize, reprint or quote from the bill analyses. We ask only that you attribute KRC as the source when you use our analytical material (so we can take all the blame for anything we’ve gotten wrong!)

DO YOU KNOW SOMEONE WHO WANTS TO RECEIVE THESE NOTICES OF THE POSTING OF THESE UPDATES?

Send this to a friend, and tell them to write us at FitzKRC@aol.com if they want to receive notice when these postings are updated.

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.ky.gov/legislation.htm

To find your legislators email, go to http://www.lrc.ky.gov/whoswho/email.htm

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 1-866-840-6574. The toll-free bill status number starting February 3 is 1-866-840-2835.

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.

To email all legislators with one email, send your email to Legislators2009@lrc.ky.gov.

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 mischievous amendments. Where KRC has taken a position concerning a bill it is indicated with a plus (+) or minus (-). The primary sponsor and current status of the bill are also noted by Committee or chamber.

Senate Bills

SB 6 (Stine) (S. Education)

Would require Kentucky Board of Education to adopt regulations requiring all public preschool through eighth grade programs to implement, no later than the 2008-2009 school year, 30 minutes per day or 150 minutes per week of structured moderate-to-vigorous physical activity.

SB 7 (Tapp and Seum)(S. Transportation)

Would allow low-speed electric vehicles to use public roads with speed limits of 35 mph or less.

SB 12 (Pendleton)(S. Natural Resources & Energy)

Would require all bulk storage and distribution terminals in Kentucky selling gasoline to offer fuel ethanol and ethanol-blended gasoline, and would allow all fuel retail facilities, wholesalers, distributors and marketers to purchase ethanol from any terminal.

SB 13 (Leeper)(S. Rules) -

Would eliminate current prohibition on granting of a construction permit for a nuclear power plant in Kentucky absent a federally approved disposal site for nuclear plant waste, and replace it with an obligation of the plant to have a plan for storage of high level nuclear waste instead. Allowing proliferation of the nuclear industry before they have in place a strategy for permanent disposal of wastes amounts to an unjustified subsidy to a mature industry that has had decades to come to terms with disposal needs.

SB 15 (Ridley and Rhoads)(S. A&R)

Would create a public infrastructure authority to finance and hold title to major ($300,000,000+) highway projects, would allow tolls.

SB 18 (Seum)(S. State & Local Govt)

Bill aimed at preventing storage of spent explosives in Louisville, would ban storage within certain distance of water installations in counties with consolidated governments (i.e. Louisville). Limitation to such counties likely would result in bill being struck as special or local legislation.

SB 20 (Leeper)(S. Rules, Consent)

Would add a representative of Kentucky Municipal Utility Association to Kentucky Infrastructure Authority Board.

SB 21 (Buford)(S. Rules, Consent)

Would require Cabinet for Health and Family Services to promulgate regulations allowing swimming pools to be maintained without a main outlet or drain and mandate compliance with federal pool and spa safety act requirements.

SB 23 (Buford)(S. State & Local Govt)

Constitutional amendment to extend the terms of state representatives from two to four years.

SB 27 (Leeper)(S. Natural Resources & Energy)

Would create a brownfield redevelopment fund to allow for grants and loans to governmental agencies for brownfield assessments and restoration of properties. No dedicated funding source identified.

SB 47 (Givens)(S. Transp)

Would amend road weight limits to allow vehicles transporting agricultural crop products and livestock to exceed the 80,000 pound gross weight limit by up to 10%, as is currently allowed for forest products.

SB 49 (Thayer)(S. State & Local Govt)

Would exempt persons in areas not served by a sanitary sewer system from rates charged for the portion of a system used for storm water management.

SB 51 (Harris)(S. Nat. Res. & Energy)

Agency bill that would amend existing demand-side management statute to allow Public Service Commission to require each regulated utility to file DSM plans, programs and measures.

SB 52 (Jones)(S. Nat. Res. & Energy)

Would revise requirements for emergency plans for underground mines to require phone numbers of first responders and posting of GPS coordinates for medical evacuation sites.

SB 55 (Jones)(S. Nat. Res. & Energy) (-)

Would expand availability of incentives created under House Bill 1 for alternative fuel and renewable energy facilities, to include all new coal-fired power plants and repowering of existing plants to increase power generation by 15% or to reduce carbon emissions.

SB 63 (Harper Angel) (+)

Would establish a comprehensive framework for recycling of e-scrap, providing for an e-scrap recycling program that would ban landfilling and incineration of e-scrap after 2014, and require manufacturers to register with the state and develop a plan for collection of their e-products for recycling. After January 2011, no retailer could sell a covered device unless that manufacturer was in compliance. E-scrap would include computers, mobile phones, MP3 players, TVs, printers, and cathode ray tube devices.

SB 64 (Jensen)

Would amend existing law to allow operation of mine ventilation fans in a manner prescribed by MSHA.

SB 66 (Boswell)

Would amend existing law to include “tar sands” as among alternative transportation fuels eligible for tax incentives.

SR 2 (Williams and Kelly)(Adopted)

Rules for 2009 Senate Regular Session

SJR 37 (Jones)(S. Nat. Res. & Energy) (+)

Would direct the Environment and Energy Cabinet to require owners of all high hazard impoundments to develop and implement emergency action plans.

House Bills

HB 11 (Wuchner and Burch)(H. Education)

Would require certain amounts of physical activity as part of elementary and middle school curricula.

HB 14 (DeCesare)(H. A&R)

Would create a legislative “time out” requiring 24 hours between the availability of a free conference committee report or floor amendment on the budget, and the floor vote, unless waived by 2/3 of the members.

HB 18 (Higdon)(H. Rules with Committee Substitute)

Would include prerecorded political messages in the Do Not Call Registry.

HB 21 (Riggs) (H. Transp)

House counterpart to SB 7, would allow low-speed electric vehicles to use public roads with speed limits of 35 mph or less.

HB 29 (Santoro)(H. Local Govt)

While poorly drafted, intend appears to be to empower county fiscal courts to adopt safety regulations for above-grade noncommercial swimming pools.

HB 33 (Marzian)(H. Labor & Industry)

Would prohibit discrimination in wages paid for equivalent jobs.

HB 34 (Marzian)(H. Tourism Development & Energy)

Would add a member of the Brain Injury Association of Kentucky to the Kentucky Recreational Trails Authority.

HB 37 (Marzian)(H. Rules, Consent)

Would allow Governor to appoint members of boards and commissions to as to achieve gender equity.

HB 44 (Yonts)(H. State Govt)

Would amend existing laws governing the bidding and awarding of personal services contracts, and legislative oversight of same.

HB 50 (Owens and Clark)(H. Elections & Const Amendments)

Would amend voting laws concerning in-person and mail-in absentee voting.

HB 52 (Wayne)(H. Elections & Const Amendments)

Would allow a designated caretaker to vote on behalf of a voters scheduled to have surgery on election day, broadening existing law which is limited to the spouse.

HB 53 (Edmonds)(H. Transp)

Would create a system for titling and registration of all terrain vehicles.

HB 56 (Yonts)(H. Elections & Const Amendments)

Would amend the state Constitution to allow the General Assembly to enact a law expanding absentee voting to include early in-person voting.

HB 60 (Nelson)(H. Transp)

Would create process for state inspection of at-grade railroad crossings and for railroad company repair of substandard crossings.

HB 62 (Meeks)(H. Rules)

Would define “American Indian” for purposes of Kentucky statutes.

HB 63 (Meeks)(H. Rules)

Would create a process by which an applicant could request formal recognition as an American Indian tribe by the Commonwealth’s Native American Heritage Commission, based on satisfaction of at lease five of the eligibility criteria in the statute.

HB 64 (Meeks)(H. Eco. Dev)

Would create a new LRC Committee known as the International Business Relations Committee.

HB 70 (Crenshaw)(H. Elections & Const Amendments)(posted)

Would amend state constitution to allow for restoration of voting rights of convicted felons upon final discharge from parole, expiration of probation, or expiration of sentence.

HB 72 (Marzian)(H. State Govt)

Would prohibit discrimination in housing, employment and wages based on sexual identity or orientation.

HB 81 (Yonts)(H. Transp)

Would allow low-speed electric vehicles on roads with posted limits of 45 mph or less.

HB 84 (Glenn)(H. NR & Env)

Would allow lifetime hunting and fishing licenses for all citizens 65 years of age or older.

HB 88 (Wayne)(H. Judiciary)

Would create a crime of vehicular assault of a bicyclist or pedestrian for reckless contact between a vehicle and a bicycle or pedestrian resulting in physical injury or death, and would allow an arrest even if an officer did not witness the injury, if probable cause existed.

HB 91 (Denham)(H. Judiciary)

Would create and define a crime of agroterrorism against an agricultural facility or product.

HB 92 (Yonts) (H. NR & Env)+

Would extend the registration requirements for petroleum storage tanks to be eligible for reimbursement for removal and remediation from 2010 to 2015.

HB 102 (Pasley)(H. A&R)

Would create process for establishing a public infrastructure authority for major highway and bridge projects, allowing the authority to issue bonds for financing a project and to place tolls on a project and set out procedures for collection and distribution of tolls.

HB 104 (Pasley)(H. NR & Env) +

The "streamsaver bill," authored by KRC, would require spoil generated by mining activities to be disposed of on previously mined lands or other upland locations to the extent possible, and in compacted constructed fills above defined stream channels where necessary.

HB 111 (Tilley)(H. A&R)

Would create a tax credit for employers creating healthy lifestyle and wellness programs for employees.

HB 114 (Meeks)(H. Judiciary)

Would create a permitting process for excavations of archaeological sites on private property and clarify disposition requirements for disposition of human remains discovered during archaeological investigation or inadvertently encountered in cemeteries. Would also clarify rights of descendants and relatives to access to cemeteries on private property.

HB 115 (Meeks)(H. Judiciary)

Comprehensive revision of state law addressing disposition of historic and prehistoric human remains.

HB 119 (Hall and Edmonds)(H. NR & Env)

Would lower number of underground mine emergency technicians on production shifts for mines with less than 18 employees from two to one.

HB 122 (Nelson)(H. Education)

Would require teaching of fire ecology as part of the core curriculum and involve a broad group of stakeholders in curriculum development.

HB 123 (Marzian)(H. A&R)

Would increase taxes on cigarettes by 75 cents/pack, and direct disposition of funds.

HB 127 (Rollins)(H. Local Govt)(posted)

Would amend existing law to allow conservation easements encumbering air board property to run for 20 or more years rather than a minimum of 30 years.

HB 131 (Simpson)(H. Local Govt)(posted)

Would amend existing law concerning the establishment of a commission to develop and propose for adoption by residents, of a comprehensive plan for creation of a charter county government.

HB 133 (Owens)(H. Elections & Const Amendments)

Would amend state constitution to allow qualified voters to vote by absentee ballot in person.

HB 135 (Higdon)(H. Transp)

Would allow low-speed electric vehicles on roads with posted limits of 45 mph or less.

HB 140 (Stewart and Couch)(H. A&R)

Would require quarterly reporting of coal severance tax receipts by taxpayer to the Legislative Research Commission.

HB 148 (Cherry)(H State Govt)

Would ratify the reorganization of the Attorney General’s Department of Law.

HB 149 (Cherry) (H. State Govt)

Would ratify the reorganization of the Office of Auditor of Public Accounts.

HB 160 (Meeks and Butler)(H. NR & Env)

Would amend existing law to require annual state agencies and all higher-ed institutions to report on wastes recycled during previous year.

HB 162 (Pullin)(H. Ag & Sm Bus)

Would reduce property taxes on qualifying voluntary environmental remediation property where the land is used for agricultural production of energy feedstocks.

HB 172 (McKee, Osborne)(H. Ag & Sm Bus)

Would amend existing law concerning agricultural districts to require the Soil and Water conservation Commission to consider local comprehensive plans and 401 facilities plans when considering whether to approve formation of an agricultural district; and clarify that compliance with K.R.S. Chapter 132 is required in order to obtain an agricultural assessment.

HB 178 (Adkins) (H. A&R)(posted)(+)

This bill would reenact House Bill 2, in response to the Franklin Circuit Court decision voiding a road bill that was passed after the expiration of the 60th legislative day in the 2008 Session. While HB 2 was passed by both chambers prior to midnight, it was not engrossed and enrolled until after that time, making HB 2 potentially vulnerable to judicial challenge.

HB 185 (R. Webb)(H. NR & Env)

Would amend mine safety la to allow electrical work to be performed by an electrical trainee under the direct supervision of a certified electrician, rather than by the certified electrician.

HB 187 (Horlander) (H. Local Govt)(posted)(-)

Bill would amend adoption and publication requirements for county ordinances, including allowing a county ordinance to be adopted without two readings on separate days where 2/3 of the fiscal court claims an “emergency” exists. No definition is given of what would constitute such an emergency. Such a broad power to suspend the requirement for two separate readings needs to be narrowed and bounded by a measurable and reviewable standard; otherwise the ability of the public or courts to police the exercise of legislative power by a county could be compromised.

HB 196 (Riner)(H. Elections & Const Am)

Proposed constitutional amendment to allow automatic restoration of voting rights for certain convicted felons on expiration of probation, parole, or prison term.

HB 199 (Burch) (H. Transp)

Statute would allow issuance of identification cards for persons experiencing homelessness and establish a $2 fee for the identification cards.

HB 203 (Riggs)(H. Local Govt)

Bill amending local government economic development statutes to conform to reorganization provided in Executive Order 2008-602.

HB 205 (Riggs)(H. Judiciary)

Statute seeks to codify judicial procedures, standards of evidentiary proof, allocation of liability, and statutes of limitations for silicosis and mixed-dust disease claims, and to make these changes applicable to pending claims.

HB 208 (Denham) (H. NR & Env)

Would require regulations of the Department of Fish and Wildlife Resources to be available on the website rather than requiring newspaper notification and would make various other changes to fish and wildlife laws relating to press notifications, trapping, and waiving of licenses and fees for special events.

HB 211 (L. Combs) (H. NR & Env) (+)

Would broaden the definition of “timber harvesting operations” that are subject to the forest management act to include removal of woody biomass from the forest as a raw material for energy production, and would narrow the firewood exemption.

HB 215 (K. Flood) (H. NR & Env) (-)

Would amend environmental trust fund to allow expenditures for “environmentally beneficial projects” which are projects “that benefit the environment and the Commonwealth.” The trust fund is currently limited to supporting scientific, technical and environmental research, and to finance R&D projects promoting innovative solutions to environmental problems. Addition of the new language could dilute the current purposes of the fund, and without a more precise definition of the types of projects intended to be eligible, could eliminate one of the few sources of environmental research funding at the state level.

HB 217 (Floyd)(H. Elections)

Proposed constitutional amendment allowing for initiatives to be placed on the ballot by 5% of registered voters who voted in the last gubernatorial election for statutes, 8% for constitutional amendments.

HB 224 (Wayne and Clark)(H. A&R)(+)

Would exempt waste vegetable oil based fuels from state motor vehicle fuel taxes.

HB 233 (Edmonds)(H. Local Govt)

Would encourage county consolidation and establish procedures for consolidation of two or more counties.

HB 235 (McKee and Denham)(H. NR & Env)

Would create a Forest Health Board for purposes of identifying and prioritizing threats to health of Kentucky’s forests, and reporting to the General Assembly annually.

HB 240 (Adams)(H. Ag & Sm Bus)

Would require spaying or neutering of dogs and cats as prerequisite to release from a releasing agency.

HB 242 (McKee and Adams)

Would increase penalties for second and subsequent violations of prohibiting on hunting on lands of another without permission.

HB 245 (Collins)

Would designate Kentucky’s nature license plates as official “Green license plates.”

HB 250 (Santoro)

Would provide mechanism for formulation and application of development fees by area planning commissions under Chapter 147.

HB 266 (Napier)

Would create a new “Go Green” special license plate and allow purchasers to make a voluntary contribution to the Kentucky Pride Fund, which funds roadside litter abatement and orphan landfill remediation.

HB 285 (Adkins)(Needs revision)

Intent of bill is to amend existing law regarding tax incentives to make them available to advanced coal-fired power plants or modification of existing plants that capture and sequester carbon emissions and that have received federal energy incentives. As written, however, bill requires only that the plant include “carbon capture or storage.” Needs to be modified to require carbon capture and sequestration.

HB 299 (Webb and others)

Would amend existing law to clarify that a taxpayer eligible to claim a “clean coal incentive credit” must do so before March 15 of each year.

HB 301 (Turner and others)

Would prohibit removal of animal identification or tracking devices without permission.

HB 305 (Cherry)

Would add a representative of municipal utilities association to the Kentucky Infrastructure Authority.

HB 310 (Damron)

Consumer protection bill that would direct the Cabinet for Health and Family Services to develop standards for remediation of mold in private and public buildings and empower Attorney General to investigate complaints about mold remediation companies and to enforce the standards.

HR 1 (Richards and Adkins) (Adopted)

Adopted 2008 Regular Session Rules as Temporary Rules for 2009 Session.

HJR 7 (Edmonds) (H. NR & Env) -

A joint resolution directing the University of Kentucky to conduct research studies with recommendations concerning mining the Robinson Forest and the implications of that activity on forests and streams.

HJR 10 (Rollins and others)

Would reform House Rules to prevent going beyond midnight on the 60th legislative day, to limit time spent to introducing guests and entertainment during sessions, add members to the Committee on Committees, limit removal of committee members, and make other House Rules reforms.

HR 19 (Pullin)(Adopted)

Resolution urging the President-Elect and Congress to fully fund the Greenup Lock and Dams Projects.

HR 26 (Stumbo and others)(Adopted)

Adopts Rules of Procedure for 2009 Regular Session.

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