2012 GENERAL ASSEMBLY REGULAR SESSION: Bills We’re Watching: The Fifth Edition Posted: February 3, 2012
2012 GENERAL ASSEMBLY REGULAR SESSION: Bills We’re Watching: The Fifth Edition
This list profiles the environmental, conservation, consumer and general government bills that the Kentucky Resources Council will be tracking during the 2012 session. Thursday, February 2, was the 21st “Legislative Day”, with 39 left in this year’s regular session. The General Assembly did not meet on Friday, February 3.
This year is a “long” session, and began on January 3, 2012 with a scheduled adjournment of April 9, 2012..
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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.
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) (S. Ed)(-)
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. The chair of the Senate Education Committee has indicated that the bill will not be taken up by that committee.
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)(To Senate)(+)
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)(S. NR Energy)(+)
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)(posted)(-)
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)(H. Transp)(-)(posted)
Would allow bill board owners to apply for a permit to “trim” public right of way trees in order to assure the motoring public would be exposed to billboard messages.
HB 231 (Wayne and others)(H. NR Env)(+)
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)(To Senate)(+)
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)(H. Rules)(+)
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.
HB 332 (Owens and others)(H. B&I)(+)
Would cap interest on payday loans at 36% and provide other consumer protections regarding payday loans.
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)(+)(posted)
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.
HR 87 (Meeks)H. Ag Sm Bus)
Simple resolution urging Congress to pass the Genetically Engineered Food Right to Know Act.
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)(To House)(-)
Would lower percentage of voter signatures needed on petition to dissolve an area planning commission from 25% of voters in last presidential election to 10% of registered voters who voted in most recent election. Senate Committee Substitute Floor amendment filed by sponsor would increase percentage to 15% of registered voters.
SB 133 (Stine)(+)
Would create new sections of KRS Chapter 174 to require that bicycle and pedestrian ways be given full consideration in the planning and development of transportation facilities, to allow for exceptions from the general rule, to require an annual report, and to require the cabinet to establish design and construction standards for bicycle and pedestrian ways.
SB 135 (Hornback, Kerr, Carpenter)(-)
Would complete the deregulation of telecommunications service in Kentucky, undercutting the agreement reached in past sessions that the basic services essential to telecommunications would remain regulated by the Public Service Commission. Would exempt electing utilities from prohibitions on discrimination in rates and service, and eliminate the requirement to file and display rates and conditions of service. Would also eliminate obligation to provide service where any other voice service was available, and would eliminate any obligation to serve after June, 2013. Would also curtail significantly PSC jurisdiction over complaints.
HB 1 (Became Law)
Redistricting plan for state House of Representatives and State Senate.
HB 2 (Cherry)(Became Law)
The chambers couldn’t agree on the Congressional Redistricting Plan; as enacted this bill simply moved the filing deadline to February 7.
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) (Withdrawn)
Would have created 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.)(posted)
Would require minimum levels of physical activity for grades K through 5.
HB 70 (Crenshaw) (H. Rules)
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.
HJR 88 (Denham)(H. Rules)(Consent)
Resolution directing Cabinet for Economic Development to conduct a study of the economic development potential of Kentucky's rural areas and a strategy for business growth.
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)(posted)
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) (S. State & Local Govt)
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. Rules)
Would require headlights be on during any period of precipitation that necessitates the use of windshield wipers by motorists. Committee substitute limits obligation to vehicles of model year 2000 or more recent.
HB 181 (Meeks)(To Senate)
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)(To Senate)
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)(H. Judiciary)
Would create a mechanism for public financing of judicial elections, funded with voluntary designations of income taxes and bar dues.
HB 233(Jenkins)(H. Judiciary)
Would allow a Judge issuing an order in a domestic violence case to address the care and custody of family pets.
HB 240(Jenkins) (H. Elections)(posted)
Proposed constitutional amendment would abolish the office of constable.
HB 252 (Short and others) (H. Tourism Dev Energy)(posted)
Would require Department of Fish and Wildlife Resources to hold a postseason elk quota hunt.
HB 253 (McKee and Denman)(H. Ag Sm Bus)(posted)
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.
HB 263 (Cherry)(H. L&O)
Would revise existing licensing standards for licensing of heating, ventilation, and air conditioning professionals.
HB 265 (Rand and others)(H. A&R)
Executive Branch Budget for FY 2012-2014.
HB 266 (Rand and others)(H. A&R)
Transportation Cabinet Budget.
HB 267 (Rand and others)(H. A&R)
The fiscal year 2012-2014 Biennial Highway Construction Plan.
HB 268 (Rand and others)(H A&R)
Legislative Branch Budget for FY 2012-2014.
HB 269 (Rand and others)(H. A&R)
Judicial Branch Budget for FY 2012-2014.
HB 272 (Mills)(H Ag Sm Bus)
Would create framework for licensing the production of industrial hemp.
HB 273 (Crimm)(H. Judiciary)
Would amend existing animal cruelty laws to provide for forfeiture of animals involved in cruelty and torture cases and to prohibit ownership or possession of animals for 2 year s thereafter.
HB 281 (Jenkins)(To Senate)
Would require coaches to complete training on recognizing and treating concussions and head injuries and identify actions required before an athlete with a suspected concussion or head injury may return to play.
HB 286 (Henderson and others)(H. Ag Sm Bus)
Would create licensure process for cultivation of industrial hemp.
HB 289 (Westrom and Adams)(H. H&W)
Would prohibit indoor smoking in businesses, places of employment, and other listed public places.
HB 290 (DeCesare and Ford)(H. Local Govt)
Would expand the units of government and agencies precluded from local regulation of firearms.
HB 297 (Denham)(H. Local Govt)(posted)
Would amend existing law relating to purchase of recycled metals and other materials, to require a recycler or other purchaser of copper metal or an alloy of metal containing copper to report to the local police department or sheriff within twenty-four hours of the purchase.
HB 302 (Cherry)(H. State Govt)(posted)
Would extend the filing deadline for congressional candidates to February 7, 2012 for the 2012 primary.
HB 303(Cherry)(H. State Govt)(posted)
Would extend the filing deadline for congressional candidates to February 14, 2012 for the 2012 primary.
HB 315 (Osborne and Housman)(H. Judiciary)
Would amend eminent domain statute to allow separately deeded tracts of land owned by the same person to be considered as a single parcel for valuation purposes.
HB 321 (Marzian)(H. State Govt)
Would allow the Governor to achieve as much gender equity as possible when making appointments to boards and commissions.
HB 330 (Moore)(H. Judiciary)
Would extend immunity for emergency care to all persons rendering care without remuneration.
HB 334 (Steele and others)(H. NR Env)
Would repeal KRS 150.177, which authorizes the Kentucky Department of Fish and Wildlife Resources to issue “special permits” to “incorporated nonprofit wildlife conservation organizations” who may then sell the permits if the proceeds are used for “wildlife management.”
HB 336 (Marzian and Jenkins)(H. Ed)
Would amend existing law to strengthen penalties for bullying and cyberbullying, and require school discipline codes to prohibit it.
HB 337 (Marzian and Jenkins)(H. L & I)
Would amend existing law to prohibit wage discrimination on the basis of sex, race, or national origin by prohibiting wage differentials for employees who perform equivalent jobs.
HB 343 (Riggs) (H. Jud)
Would establish specific procedures for civil actions arising from exposure to silica.
HB 344 (Rudy and Nesler)(H. NR Env)
Would prohibit releasing a feral or wild hog into the wild.
HB 357 (Rader)
Would require the Cabinet for Health and Family Services to annually inspect local school buildings for mold and roofs for leaks and to report findings.
HB 363 (Denham)
Would amend KRS 109.056 to allow local governments to enact ordinances establishing procedures for the collection of solid waste taxes or service fees and allow local governments to collect delinquent solid waste collection taxes or fees through contract with the Department of Revenue at the commissioner of the department's discretion.
HR 1 (Adopted)
Rules of procedure for the House for the Regular 2012 Session.
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”.
HR 58 (Jenkins and others) (H. H&W)(posted)
Simple resolution encouraging parents, coaches, and sports officials involved in non-scholastic sports to complete training materials on recognition of the symptoms of a concussion and the protocols for return to play.
HCR 76 (McKee and others)(S. Ag)
Resolution would urge a study of the growth of wild pig populations in Kentucky, addressing in particular the dangers and problems that wild swine present for the state's environment, farmers, landowners, and citizens.
HR 90 (Meeks)
Simple resolution honoring Doug Magee for his years of service with Louisville Legal Aid and Metro Housing Coalition.
HR 99 (Stone and McKee)(H. Ag SB)
Simple resolution urging the Corps of Engineers to consider changing its policy on farmers' access and use of lake water for emergency crop irrigation during drought conditions.
HR 105 (Combs)(adopted)
Would recognize the Kentucky Division of Forestry on the occasion of its 100th anniversary and adjourn in its honor.
HCR 112 (Meeks and McKee) (H. Ag SB)
Would urge the formation of a task force to study and offer recommendations on establishing an urban agriculture segment in the state.
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. Rules)(needs revision)(+)
Original bill would allow the sale of raw milk at a farm site. Committee substitute removed original provisions and provide for “shared ownership” arrangements for livestock and poultry without permits. While not intended, the effect would be to remove any environmental permitting requirement from an industrial livestock or poultry operation provided that there was “shared ownership” of the animals. KRC will work to clarify the language, since the intent of the bill, which is to facilitate production contracts between farm producers and consumers.
SB 51(Thayer) (S. Rules)
Proposed constitutional amendment to abolish the office of Treasurer.
SB 56 (Bowen and others) (S. State Local Govt, recommitted)
Proposed constitutional amendment to repeal constitutional limits on the amount of debt that the General Assembly may authorize.
SB 59 (Thayer) (S State Local Govt)
Senate Version of Congressional Redistricting Plan
SB 60 (Thayer) (S. State Local Govt)
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 (Schickel)(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.
SB 106 (Seum)(S. State Local Govt)
Proposed constitutional amendment to limit odd-year (short) sessions to revenue and appropriations bills and other subjects that may be proposed by the Governor as well as two subjects proposed for consideration by the Senate President and the House Speaker and agreed to by both of them, and require 3/5 votes for revenue bills.
SB 116 (Rhoads)(S. A&R)
Act intended to promote recreational tourism by enabling local recreation and park boards to establish landowner incentive programs for opening private lands for recreation.
SB 119 (Jones)(S. NR Energy)
Would modify manner in which elk quote hunt permits are managed.
SB 120 (Higdon)(S. L&O)
Would amend existing law relating to the Kentucky Housing Corporation and expenditures from the Affordable Housing Trust Fund.
SB 129 (Clark) (S. Judiciary)
Would legalize medical marijuana in Kentucky.
SR 2 (Adopted)