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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

2010 REGULAR SESSION: Bills We’ll Be Watching: The Pre-filed Edition  Posted: December 24, 2009


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 2010 legislative session, which began on January 8 and continues until April 15. This list will be updated at least weekly starting with an edition on February 6, which is the end of the next legislative week. The General Assembly has adjourned until February 3.

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 in January is 1-866-840-2835.

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.

Once the session begins, the pre-filed bills will be introduced into the Senate or House, and they will be given a Bill number and assigned to a committee, or in the case of simple resolutions, may be sent directly to the floor for consideration.

BR 15 (Damron)

Would authorize the Department of Public Health to create standards for mold remediation and allow prosecution for providers of mold remediation services that fail to comply with those standards.

BR 31 (Farmer)

Bill would extend sales tax to include admissions, accommodations and services and lower the rate to 5.5% from 6%.

BR 51 (Nelson)

Would authorize any person to kill a black bear that was within 30 yards of an occupied dwelling if the landowner or tenant believes the killing necessary to protect anyone within 30 yards of the dwelling from imminent peril of death or serious physical injury. Such a taking would be required to be reported to a conservation officer and the landowner or tenant could not move the carcass or use it.

BR 61 (Wuchner, Burch)

Would require the Kentucky Department of Education to identify and disseminate model resources for integrating physical activity during the school day; encourage schools to utilize certified physical education teachers in the development of physical activity plans; develop a reporting mechanism for schools containing grades K-5 to report physical activity, aggregate body mass index, and wellness program data, and require at least 30 minutes of structured moderate to vigorous physical activity, 150 minutes per week, or the equivalent per month; and would prohibit exclusion from structured physical activity as a form of discipline.

BR 99 (Rollins)

Would establish a training program for elected city officials and authorize cities to adopt such programs, and would create inventive payments for participating officials.

BR 118 (Nelson)

Would prohibit texting on a personal communication device while operating a motor vehicle, and would after January 1, 2010, impose a fine of $50 for each offense.

BR 137 (Yonts)

Bill would gradually raise compulsory school attendance from 16 to 18 years of age.

BR 135 (Coursey)

Would create a Water Transportation Advisory Board to advise the legislative and executive branches concerning industrial water transportation and riverports, and a trust fund for improvement of riverport facilities and infrastructure.

BR 139 (Pendleton)

Would allow growing of industrial hemp and create a licensure process.

BR 174 (Higdon)

Bill would add prerecorded political messages to those calls that a person could prevent through the Zero call list /Do Not Call registry.

BR 178 (Higdon)

A constitutional amendment that would limit the General Assembly sessions to 30 legislative days every year, ending by March 1.

BR 180

Would prohibit texting on a personal communication device while operating a motor vehicle, and would after January 1, 2011, impose a fine of $20 to $100 for each offense.

BR 181 (Leeper)(-)

Would eliminate current prohibition on construction of new nuclear plants in the Commonwealth and allow the PSC to approve new nuclear plant construction with only an approved federal plan for storage of nuclear waste.

BR 185 (Burch)

Would abolish the death penalty and would commute all death row inmates to life imprisonment without benefit of probation or parole. Former capital cases in the future would be subject to life imprisonment without benefit of probation or parole for the first 25 years of the sentence.

BR 197 (Nelson)

Resolution honoring the Ridgetop Shawnee Tribe for their efforts to preserve Shawnee culture and language.

BR 224 (DeCesare and others)

Would direct LRC to design a website allowing citizens internet access to financial data about claims on the treasury by each branch of state government and higher education institutions, including the amount, purpose, and recipient of each such expenditure.

BR 270 (Nelson)(Needs significant revision)(-)

Would elevate the status of the Kentucky Recreational Trails Authority to that of a separate state agency and empower it to develop a statewide recreational trail plan, and to establish a program titled “Gain Access Into Nature” that would decide which activities, including hiking, bicycling, skiing, horseback riding, camping and other nature-based tourism and recreation, would need access permits. The state agencies managing the lands would identify which lands are suitable for inclusion in the program, execute agreements with the KRTA, and split the permit fees 90-10% with the KRTA.

There has already been, within the state, conflict between the efforts of motorized and nonmotorized recreation enthusiasts to open and enlarge trails in ecologically sensitive areas that are managed for purposes other than recreation. This bill would give the KRTA, which is a board with representatives of private sector interests, such as bicyclists, equine enthusiasts, motorcyclists, ATV associations, farm bureau and coal interests, the status of a state agency, able to impose fees through regulations and determine the disposition of public monies, without the accountability of having those persons be state employees subject to the disclosure, conflict of interest and other provisions needed to assure that legislative dedication of state owned and managed lands to certain public trust purposes are respected, and that enthusiasm over opening such lands to recreational purposes does not compromise the values and purposes for which the lands are being owned or managed.

A proposed amendment to K.R.S. 56.500 is particularly troublesome, since it would deny the state Nature Preserves Commission, state parks, state scenic and recreational trails, the ability to restrict public access to those lands except in emergency situations, thus potentially forcing the opening of lands managed to protect endangered species and habitats to inappropriate levels of public recreational access.

KRC will speak to the sponsor and proponents of the bill to attempt to eliminate regulatory powers vested in what was established as an advisory body, and to assure that the KRTA authority does not trump that of agencies who manage and own public lands in public trust for defined purposes that may conflict with recreational use.

BR 282 (Boswell)

Would amend existing law governing reinstatement and suspension of geologist licenses to allow penalty up to $1,000 per violation and to require proof of completion of education hours prior to reinstatement.

BR 283 (Angel)

Would prohibit texting and emails while operating a motor vehicle and impose fines for violations and for accidents where texting was a cause.

BR 290 (Thayer)

Senate version of BR 224, would direct LRC to design a website allowing citizens internet access to financial data about claims on the treasury by each branch of state government and higher education institutions, including the amount, purpose, and recipient of each such expenditure.

BR 294 (Tori)

Would void any regulations adopted between March 27, 2002 and March 16, 2004 and from March 27, 2009 until the effective date of the act, despite a finding by a legislative committee of “deficiency”, and would prohibit agencies from publishing regulations the same or similar to those found to be deficient during that period of time.

BR 302 (Overly) (+/-)

Would revise law governing professional engineers and land surveyors to allow any employee or subordinate of a professional engineer to do work as long as it is “verified” by that engineer and conducted under his or her direct supervision. Current law requires that the subordinate or employee be a pupil or engineer in training.

KRC has concerns with broadening that class of subordinates to include individual not in training to be an engineer, and also the use of “verified”, since most regulatory programs require that the engineer “certify” the would, not merely verify it. It is unclear whether some other standard of care is intended by using the term “verified.” KRC will talk to the Board of Professional Engineers and Surveyors, and the sponsor.

BR 314 (Yonts)(+)

Would extend the registration of tanks eligible for remediation under the Petroleum Storage Tank program until 2015 and allow reimbursement for remediation expenses up until 2018.

BR 318 (Meeks)

Would define who is an “American Indian” for purposes of state statutes.

BR 319 (Meeks)

Would create a process for applying to be formally recognized as an American Indian tribe by the Commonwealth of Kentucky.

BR 320 (Meeks)

Would prohibit excavation of an archaeological site on private property without obtaining a permit issued by the Kentucky Heritage Council, and would make a violation a Class A misdemeanor for the first offense and Class D felony for each subsequent offense. Would also codify a right to visit gravesites n private property for family members.

BR 321 (Meeks)

Would amend existing law to require that prior to alteration of real property, any agency issuing a building permit verify that the property contains no known human remains and that the Kentucky Heritage Council has issued a confirmation that no human remains or archaeological sites exist on the site. If a property confirmation or inspection verifies that human remains exist on the property, the state historic preservation officer is obligated to conduct a human remains outcome review. Civil and criminal penalties are provided for knowing violations of the Act.

BR 322 (Meeks)

Would encourage state agencies to seek local recycling options, such as drop-off recycling centers; subject all agencies to requirement to annually report to the Energy and Environment Cabinet on the estimated amount of waste materials recycled during the previous year.

BR 334 (Edmonds)

Bill creates a process for county consolidation and provides preference for community development block grants for consolidated counties.

BR 336 (Meeks)

Would raise compulsory school attendance from 16 to 18 years of age over a two-year period.

BR 369 (Angel, Clark)

Resolution urging Governor Steve Beshear to include funding for Medicaid-approved smoking cessation services in his 2010-2012 Executive Branch budget proposal.

BR 417 (Cherry)

Would amend governmental ethics laws to extend ethics code and candidate financial disclosure requirements to charter, unified local governments, and specifically to property valuation administrators.

BR 424 (Miller)

Would require inspection of installations of new manufactured homes.

BR 429 (Alice Forgy Kerr)

Would amend K.R.S. Chapter 211 to require Cabinet for Family and Health Services to adopt regulations covering permitted types, sizes, supervision and safety, water disinfection and recirculation requirements, and materials and components of “interactive water features” that allow for recreational activities with minimal standing water.

BR 439 (Cherry)

Reorganization of Office of Attorney General.

BR 449 (Riner)

Would prohibit sex-based wage discrimination comparable worth jobs.

BR 453 (Riner)

Proposed constitutional amendment would automatically reinstate voting rights for felons who have completed sentence or probation terms, except for treason and certain violent and sexual crimes.

BR 467 (Marzian)

Would include sexual orientation and gender identity as protected status for purposes of state anti-discrimination laws.

BR 843 (Higdon)

Would prohibit making prerecorded political announcements to phone numbers listed on the national Do Not Call registry.

BR 845 (Higdon)

Proposed constitutional amendment limiting legislative sessions to 30 days each year.

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