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

2012 GENERAL ASSEMBLY REGULAR SESSION: Bills We’re Watching: The Second Edition  Posted: January 13, 2012


2012 GENERAL ASSEMBLY REGULAR SESSION: Bills We’re Watching: The Second Edition

This list profiles the environmental, conservation, consumer and general government bills that the Kentucky Resources Council will be tracking during the 2012 session.

This year is a “long” session, and began on January 3, 2012 with a scheduled adjournment of April 9, 2012. The General Assembly did not meet today, Friday January 13, and will resume session on Tuesday, January 17.

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, visit the Legislature's 2012 Session page at http://www.lrc.ky.gov/record/11RS/record.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 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. We have formatted this update to highlight in the first section, those bills on which KRC has taken a position. 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.

Committee Key:

H. State Govt = House State Government Committee
H. Ed = House Education Committee
H. Tourism Dev Energy= House Tourism, Development, and Energy Committee
H. Elections= House Elections, Constitutional Amendments and Intergovernmental Affairs Committee
H. Veterans= House Veterans, Military Affairs and Public Safety Committee
H. Judiciary = House Judiciary Committee
H. A&R = House Appropriations and Revenue Committee
H. Eco. Dev. = House Economic Development Committee
H. Ag Sm Bus = House Agriculture and Small Business Committee
H. Local Govt = House Local Government Committee
H. Trans = House Transportation Committee
H. H&W = House Health and Welfare Committee
H. L&O = House Labor and Industry Committee
H. NR Env = House Natural Resources and Environment Committee
H. B&I = House Banking and Insurance Committee

S. State Local Govt = Senate State and Local Government Committee
S. NR Energy = Senate Natural Resources and Energy Committee
S. Ag = Senate Agriculture Committee
S. Judiciary = Senate Judiciary Committee
S. Eco Dev = Senate Economic Development, Tourism and Labor Committee
S. Ed = Senate Education Committee
S. H&W = Senate Health and Welfare Committee
S. LO = Senate Licensing, Occupations and Administrative Regulations Committee
S. Veterans = Senate Veterans, Military Affairs, and Public Protection Committee

Bills on which KRC has taken a position

HB 30 (Mills) (H. Rules)(-)

Same as BR 137. Would allow school boards to approve billboards on school buses, except that political, alcohol and tobacco advertising would be prohibited. Quite possible that the attempted “content-based” restrictions on the advertising would be struck if challenged, and bill provides that program would end if the content-based restrictions are deemed unconstitutional.

HB 103 (Glenn)(H. Tourism Dev Energy)(+)

Would dedicate one percent of the balance in the budget reserve trust fund annually to be divided equally between the Kentucky alternative fuel and renewable energy fund, the rural development fund, and the water quality account of the infrastructure revolving fund, to be used for research and development.

HB 131 (Wuchner and Fischer) (H. State Govt)(-)

Would prohibit regulations with a fiscal impact on government or regulated entities of over $500,000 from taking effect until ratified by General Assembly. Cost analysis ignores benefits of regulations. Effect of statute would likely be loss of delegated status for air quality and other regulatory programs, where changes to federal regulations must be adopted by state in order to retain authority to implement those programs.

HB 146 (Rollins)(H. Ed.)(posted)(+)

Require the Kentucky Department of Education to consult with the Department for Environmental Protection and the Kentucky Chapter of the U. S. Green Building Council in promoting green cleaning programs in schools.

HB 148 (Combs)(H. Tourism Dev Energy)(+)(House Consent)

Would amend state pipeline safety law to delete the $25,000 / $500,000 maximum penalties for violations of federal gas pipeline laws and regulations, and replace with civil penalties contained in federal code, which allow imposition of individual penalties for violations of $100,000 for each day of the violation, up to an aggregate of $1,000,000 for related violations.

HB 167 (Marzian) (H. Tourism Dev Energy)(+)

Would establish renewable and energy efficiency portfolio requirements for electric generating facilities.

HB 187 (Wayne and others)(H. Tourism Dev Energy)(+)

Would amend KRS 278.465 to expand eligibility requirements for net metering by allowing net metering installations on properties that are not owned or operated by the property owner, but are used by the property owner, and also by raising the cap on net metering from 30 kW to 2 mW.

HB 213 (Richards)(H. Elections)(-)

Proposed constitutional amendment would give the General Assembly the authority to adopt a process to review, approve, or reject administrative regulations during or between legislative sessions.

HB 226 (Bell)(-)

This session’s version of the “cut the trees for the billboards” bill would allow bill board owners to apply for a permit to cut public right of way trees in order to assure the motoring public would be exposed to billboard messages.

HB 231 (Wayne and others)(+)

The “streamsaver” bill, drafted by KRC for KFTC, would mandate upland disposal of coal mine spoil where possible, and prohibit disposal of spoil in streams, and would require use of compacted constructed valley fills.

HB 238 (Jenkins)(H. Veterans)(+)

Would create a prescription drug drop off and recycling program.

HB 245 (Hall and Henderson)(H. Transp)

Would advance the use of compressed or liquefied natural gas by allowing Division of Air Quality to mandate some portion of vehicle fleets to be converted to “alternative transportation fuels,” which is defined to include CNG and LNG. Would also create tax credits for converting vehicles to natural gas or purchasing new vehicles that do so.

HB 246 (Adkins and others)(H. Tourism Dev Energy)(+)

Would expand the types of alternative and renewable energy qualifying for state incentives, and would exempt sales of some geothermal drilling supplies and tools from sales and use tax.

HB 255 (Adkins and others)(+)

Would create a Kentucky Green Schools Authority to promote energy efficiency in school buildings through technical assistance, expertise, and financing to undertake guaranteed energy savings performance contract projects; provide bonding authority, amend state law to clarify that industrial revenue bonds may be issued to assist with increasing energy efficiency in manufacturing facilities; amend KRS 103.286 to reserve 10% of the state private activity bond cap for small or medium-sized manufacturing facility energy efficiency bond projects issued by the Kentucky Economic Development Finance Authority (KEDFA); direct the Department for Energy Development and Independence to provide technical assistance to local governments, area development districts, housing authorities, and school districts regarding methods to maximize energy conservation and efficiency; and establish a pilot program for assisting school districts with obtaining LEED certification for existing buildings.

HCR 10 (Combs)(Withdrawn)

Concurrent resolution establishing a timber theft and trespass reduction task force to develop consensus recommendations on reducing timber theft and trespass. New resolution with expanded membership has been filed as HCR 64.

HJR 11 (Steele) (H. NR Env)(+ with revisions needed)(posted)

Joint resolution that would encourage incorporation of improvements to sewer infrastructure and elimination of straight pipes into mitigation under the Section 404 program, and would require the Energy and Environment Cabinet to work with the University of Kentucky and University of Louisville to develop a method of evaluating the value of straight pipes and sewer projects to the overall mitigation requirement.

HCR 29 (Graham) (H. H&W)(+)

Establish a Kentucky Children's Outdoor Bill of Rights and declare it to be the public policy of the Commonwealth.

HCR 64 (Combs)(H. NR Env)(+)

Would establish a Timber Theft and Trespass Reduction Task Force to study issues regarding timber theft and trespass and to develop consensus recommendations to address those issues; and name the membership of the task force.

SB 41 (Pendleton)(S. Ag)(+)

Would legalize and regulate growing of industrial hemp, require background checks by sheriff, allow field testing, assess fee to fund.

SB 62 (Thayer)(S. State Local Govt)(-)

Would lower percentage of voter signatures needed on petition to dissolve an area planning commission from 25% to 10% of registered voters who voted in most recent election.

House Bills

HB 1 (Cherry)(S. State Local Govt)

Redistricting plan for state House of Representatives.

HB 2 (Cherry)(S. State Local Govt)

House version of Congressional Redistricting Plan

HB 41 (Sinnette) (H. Tourism Dev Energy)

Would prohibit bidders for city utility franchises from recovering the franchise fee from ratepayers through fees or surcharges on their bills.

HB 47 (Wayne) (H. Elections)(posted)(reassigned to House Judiciary)

Would create a framework for public financing for judicial campaigns, funded by fee imposed on attorneys that are members of the Kentucky Bar Association.

HB 57 (Farmer) (H. Veterans)

Would prohibit a secondary metals recycler from purchasing copper from any person except a licensed heating, ventilation, and air conditioning contractor, electrical contractor, plumber, homebuilder, remodeler, or public or private utility, and to make daily reports of any copper transaction to local police; establish penalties for unlawful acts relating to acquiring or selling metals.

HB 63(Keene)(H. Judiciary)

Would include within crime of criminal littering, any unsolicited advertising or materials to be placed on the lawn, walkway or driveway of privately owned property, allow local control of such advertising.

HB 68 (Belcher) (H. Ed.)

Would require minimum levels of physical activity for grades K through 5.

HB 70 (Crenshaw) (H. Elections)(posted)

Proposed constitutional amendment to allow persons convicted of a felony other than treason, intentional killing, a sex crime, or bribery the right to vote after expiration of probation, final discharge from parole, or maximum expiration of sentence; submit to the voters for ratification or rejection.

HB 81 (King)(H. A&R)

Would require roll call votes on any appropriation or revenue raising measure voted upon in the Senate or House or a committee thereof.

HB 83 (Koenig) (H. Eco. Dev.)

Would eliminate the Kentucky Wood Products Competitiveness Corporation and transfer its functions to the Cabinet for Economic Development.

HB 108 (Harmon) (H. Elections)

Would propose constitutional amendment to amend Sections 50 and 256 of the Constitution of Kentucky, and to repeal Sections 48 and 49 of the Constitution, in order to allow issuance of appropriations-supported debt by the Commonwealth.

HB 109 (Harmon) (H. Elections)

Would amend existing law concerning the election of Governor and Lieutenant Governor and limits on contributions by legislative agents.

HB 110 (Burch) (H. State Govt)

Would amend existing law to require audits of state agencies to be sent to the Kentucky Personnel Board and reports of improper financial handling to be made to various state agencies; create a new section of KRS Chapter 18A to require the Kentucky Personnel Board to review audits of state agencies, and to allow removal of university trustees.

HB 115 (Nesler)(H. Ag Sm Bus)

Would require retail food establishments to notify consumers of the country of origin of catfish sold in their establishments by means of a label, menu, or other sign and allow sampling by state to verify species.

HB 123 (Riggs) (H. Rules)

Would allow a city of the second class in Metro Louisville to establish an independent board of zoning adjustment with exclusive jurisdiction within the city's territorial jurisdiction.

HB 124 (Wayne) ((H. Local Govt)(posted)

Would amend KRS Chapter 100 to allow a planning unit to incorporate airport noise overlay districts within its zoning texts and maps and to incorporate guidelines on building techniques and materials that are designed to provide acoustical insulation benefits to structures within the overlay.

HB 151 (Hoover)(H. State Govt)

Would make numerous revisions to the Kentucky Code of Legislative Ethics.

HB 165 (Denham)(H. Trans)

Would require headlights be on during any period of precipitation that necessitates the use of windshield wipers by motorists.

HB 181 (Meeks)(H. State Govt)

Would amend KRS 446.010 to define "American Indian" to mean a person having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment to the tribe of origin or to the community of original peoples.

HB 182 (Meeks)(H. State Govt)

Would create process for formally recognition as an American Indian tribe by the Kentucky Native American Heritage Commission.

HB 188 (Marzian and others)(H. Judiciary)

Would amend state civil rights laws to expand protections against discrimination to include gender identity and sexual orientation.

HB 192 (Wayne)(H. A&R)

Would create a state tax credit for noise insulation installed in a residential structure that is located within a designated airport noise contour.

HB 196 (Glenn)(H. Tourism Dev Energy)

Would require that cellular telecommunications service providers to file reports with either the planning commission or Public Service Commission, depending on the location of the cellular antenna towers, detailing a plan to provide on-site backup power in cases of power failures, natural disasters, or other events.

HB 204 (Koenig and others)(H. Local Govt)(posted)

Would create procedure new procedure for the optional consolidation of counties.

HB 209 (Nelson)(H. Tourism Dev Energy)

Would establish requirements for telephone utilities to repair certain outages and submit reports to the Public Service Commission.

HB 222 (Lee)(H. Elections)

Would declare that certain guns, types of ammo and other accessories manufactured and used in Kentucky are exempt from federal law.

HB 230 (Wayne and others)

Would create a mechanism for public financing of judicial elections, funded with voluntary designations of income taxes and bar dues.

HB 240(Jenkins) (H. Elections)

Proposed constitutional amendment would abolish the office of constable.

HB 252 (Short and others)

Would require Department of Fish and Wildlife Resources to hols a postseason elk quota hunt.

HB 253 (McKee and Denman)

Would amend law governing agricultural districts to include agricultural land of five acres of more when used to form an agricultural district and to add the local comprehensive plan and the 401 facilities plan to the county development patterns considered by the board of supervisors as one of the factors when considering the formation of an agricultural district.

House Resolutions

HR 1 (Adopted)

Rules of procedure for the House for the Regular 2012 Sesion.

HCR 12 (Steele)(H. NR Env)(posted)

A proposed concurrent resolution expressing concern about the Office of Surface Mining Reclamation and Enforcement's stream protection rule and asking for objective and scientific data to determine whether regulatory changes are necessary.

HJR 43 (Lee)

Would “declare state sovereignty over powers not given to the federal government by the United States Constitution” and would “demand that the federal government cease mandates beyond constitutionally delegated powers”.

Senate Bills

SB 22 (Higdon) (S. State Local Govt)

Would place on the ballot an amendment to Sections 36 and 42 of the
Constitution of Kentucky relating to even-year sessions of the General Assembly, to limit even-year sessions to 30 days.

SB 30 (Denton) ((S. State Local Govt)

Would propose constitutional amendment to eliminate office of the Constable.

SB 34 (Palmer) (S. NR Energy)

Would amend KRS 433.890 to provide for the identification of sellers of nonferrous metals and for the payment of nonferrous metal purchases.

SB 47 (Schickel) (S. Ag)

Would allow the sale of raw milk at a farm site.

SB 51(Thayer) (S. State Local Govt)

Proposed constitutional amendment to abolish the office of Treasurer.

SB 56 (Bowen and others) (S. State Local Govt)

Proposed constitutional amendment to repeal constitutional limits on the amount of debt that the General Assembly may authorize.

SB 59 (Thayer) (S Committee on Committees)

Senate Version of Congressional Redistricting Plan

SB 60 (Thayer) (S. Committee on Committees)

Senate redistricting plan.

SB 63 (Neal)(S. Judiciary)

Would abolish the death penalty and replace it with life imprisonment without parole for inmates presently sentenced to death.

SB 66 (Stein)(S. State Local Govt)

Would revise current campaign finance and disclosure laws regarding contributions from lobbyists.

SB 67 (Stein)(S. State Local Govt)

Would revise current laws regarding acceptance of food and beverages from lobbyists and make other reforms in disclosure and legislative ethics law

SB 69 (Stein)(S. Judiciary)

Would amend state civil rights law to include protections against discrimination based on sexual orientation and gender identity.

SB 72 (Neal)(S. Judiciary)

Would allow claims for up to $25,000 for each year of wrongful imprisonment against the Board of Claims, retroactive to 1980.

SB 73 (Shickel)(S. Veterans)

Would declare firearms and ammunition manufactured and used in Kentucky as exempt from federal law

SB 78 (Parrett) (S. State Local Govt)

Would amend charter county government process to exempt any city from the plan that did not vote in favor of the plan.

SB 83 (Palmer) (S. Trans)

Would create a water vessel removal assistance fund to be administered by the Kentucky River Authority.

Senate Resolutions

SR 2 (Adopted)

Senate rules of procedure for 2012 Regular Session.

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