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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

2014 GENERAL ASSEMBLY REGULAR SESSION: Bills We’re Watching: The First Edition  Posted: January 10, 2014

This list profiles the environmental, conservation, consumer and general government bills that the Kentucky Resources Council is be tracking during the 2014 session.

This year is a “long” session, and began on January 7, 2014, with a scheduled adjournment of April 15, 2014.

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 2014 Session page at http://www.lrc.ky.gov

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, & Energy Committee
H. Elections= House Elections, Constitutional Amendments and Intergovernmental Affairs Committee
H. Veterans= House Veterans, Military Affair & 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 Licensing and Occupations Committee
H. NR Env = House Natural Resources and Environment Committee
H. B&I = House Banking and Insurance Committee
H L&I = House Labor and Industry 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 & Adm. Regulations Committee
S. Veterans = Senate Veterans, Military Affairs, and Public Protection Committee

Bills On Which KRC Has Taken A Position

HB 3 (Overly and others)(H. State Govt)(+)

Would strengthen code of legislative ethics governing political contributions from employers of lobbyists, require reporting of advertising spent to support or oppose legislation, and limit allowance of food and beverages and cost of attendance for legislators to in-state conferences. Also broadens scope of reporting to include lobbying the General Assembly on administrative regulations. Would also require development of a job classification, promotion, discipline, and compensation system for LRC employees, and require establishment of policies for a harassment-free workplace.

HB 28 (Yonts) (H. State Govt)(+)

Similar to HB 3 in revising ethics code concerening lobbyist and employer reporting and restrictions on campaign donations.

HB 36 (Wayne)(H. A & R)(+)

Would create a tax credit for noise abatement measures installed in areas subject to an airport’s noise abatement plan.

HB 52 (Watkins)(H. Tourism Dev Energy)(-)

Would eliminate current ban on new nuclear power plants and convert requirement for permanent disposal plan to storage, opening the door for nuclear power plant in Kentucky. KRC believes that lifting the moratorium without first addressing permanent disposal issues is not responsible policy.

HB 60 (Floyd and others)((H. Judiciary)(+)

Would limit eminent domain powers for oil and gas pipelines moving Kentucky-produced oil and gas and refined oil or gas product. This approach would allow in-state oil and gas producers to utilize condemnation even for gathering lines.

HB 63 (Gooch)(H. Tourism Dev Energy)(-)

Would require retail electric suppliers to maintain a 30-day supply of fuel for electricity generation. Intended to favor coal-fired utilities over other fuels, such as gas, wind, or solar, which are delivered in real time.

SB 1 (Bowen and others)(-)

Proposed constitutional amendment would allow General Assembly to delegate to a committee the power to stop implementation of a regulation found to be “deficient.” Would alter the current separation of powers in the Kentucky Constitution in order to address an extremely small number of regulations to which the legislative committees have objected.

SB 14 (Higdon)(+)

Would restrict use of eminent domain for oil and gas pipelines to utilities regulated by the Public Service Commission.

SB 21 (Higdon)(+)

Senate version of HB 60, would limit eminent domain powers for oil and gas pipelines moving Kentucky-produced oil and gas and refined oil or gas product. This approach would allow in-state oil and gas producers to utilize condemnation even for gathering lines. Not as restrictive as SB 14, the preferred bill.

SB 31 (Schickel)(-)

Would prohibit any state or local government from “implementing any part of the United Nations Agenda 21 that is contrary to the United States or Kentucky Constitution, or being a member of or expending any public funds on a group or organization that will implement any part of the United Nations Agenda 21.”

SB 35 (Jones)(-)

Would increase the number of Commissioners for the Public Service Commission to 7, with one at-large member and others from each Congressional District, and make the positions elected rather than appointed positions beginning in 2016. KRC has historically opposed electing PSC Commissioners due to the lack of evidence from other states that election rather than appointment of Commissioners presents a better outcome for the average ratepayer.

SB 67 (Leeper)(-)

Would eliminate current ban on new nuclear power plants and convert requirement for permanent disposal plan to storage, opening the door for nuclear power plant in Kentucky. KRC believes that lifting the moratorium without first addressing permanent disposal issues is not responsible policy.


Other Bills That KRC Is Tracking

House Bills

HB 1 (Stumbo and others)

Graduated increase in Kentucky minimum wage.

HB 5 (De. Butler and numerous others)

Would create a new section of KRS Chapter 61 to require public agencies and nonaffiliated third parties to implement, maintain, and update security procedures and practices, including taking any appropriate corrective action to safeguard against security breaches.

HB 11 (St. Onge and Yonts)(H. Judiciary)

Would limit the use of drones by law enforcement agencies, corporations and foreign governments, and use of evidence collected by drones.

HB 15 (Steele and Combs)(H. A&R)

Would amend coal severance tax laws to provide that 100% of severance tax collected after July 2013 would be returned to coal-producing counties (50% currently goes into the General Fund) and that the monies would be allocated among the coal-producing counties based on the amount of coal severed or processed in each county.

HB 29 (Burch)(H. Local Govt)

Would require any discretionary fund expenditures to be distinctly specified in the budget ordinance or budget amendment ordinance of the consolidated local government before expenditure.

HB 30 (Crimm)(H. Judiciary)

Would prohibit for two years after conviction or confession to cruelty to animals in the first degree, possession or ownership of any animal of the same species.

HB 31 (Tilley)(H. Judiciary)

Would limit power of eminent domain for oil and gas pipelines to those that the Public Service Commission determines are in the public interest, considering protection of the environment, safety, construction and operational protocols, reasonably sited, and promote safe and efficient transportation infrastructure.

HB 35 (Harmon)(H. Elections)

Would permit a slate of candidates for Governor and Lieutenant Governor to appear on the ballot only in the general election, not in the primary and would require a party's nominee for Governor to designate his or her nominee for Lieutenant Governor no later than the fourth Tuesday following the primary.

HB 41 (Wayne)(H. A&R)

Would create a state income tax credit for qualifying individuals for tolls paid to cross the Ohio River for work in Indiana.

HB 42 (Kim King)(H. A&R)

Would establishment requirements for General Assembly consideration of any revenue- or appropriation-related measure.

HB 45 (Kim King)(H. Elections)

Proposed Constitutional Amendment would bar General Assembly members from being compensated for any extraordinary session needed due to failure to pass a budget during regular session.

HB 58 (Imes)(H. Transp)

Would raise speed limit from 55 to 65 mph on 4-lane state highways.

HB 67 (Clark)(H. L&O)

Proposed constitutional amendment allowing casino gambling.

HB 68 (Clark)(H. L&O)

Companion bill to HB 67, would set rules for casino gambling in the Commonwealth if constitutional amendment passes.

HB 70 (Crenshaw)(H. Elections)

Proposed Kentucky Constitution amendment to provide for automatic restoration of voting rights for persons convicted of a felony other than treason, intentional killing, a sex crime, or bribery, after the expiration of probation, final discharge from parole, or maximum expiration of sentence.

HB 72 (Wayne)(H. Judiciary)

Would establish a public financing mechanism for judicial campaigns.

HB 74 (Denham)(H. Transp)

Would require headlights be turned on for 2000 and newer motor vehicles, whenever wipers are needed because of weather.

HB 81 (Riggs)(H. Rules, Consent)

Would create LRC employee work-related incentive program to reward employees suggesting improvements in services or realization of savings in the legislative branch.

HB 82 (Santoro)(H. Labor)

Would amend KRS 339.230 to permit minors over the age of 16 to work until 11 p.m. on days preceding a school day.

HB 85 (Montell)(H. Ed)

Would authorize creation of charter school pilot program of up to 20 such schools over a 5-year period.

HB 91 (Meeks)(H. State Govt)

Would amend current law 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 92 (Meeks)(H. State Govt)

Would create a process to allow a group desiring to be formally recognized as an American Indian tribe to submit a petition to the Kentucky Native American Heritage Commission.

HB 107 (Sinnette)(H. Veterans)

Act relating to boat dock and marina safety.

HB 115 (Richards)(H. Rules, consent)

Act relating to timing of local government redistricting.

HB 117 (Imes)(H. State Govt)

Would expand current authority to allow private construction and development on state fair board property, to include State Park property, through conveyance and leaseback mechanisms.

HB 147 (Marzian)(H. H&W)

Would prohibit the manufacture, sale, or distribution of any reusable food or beverage container containing bisphenol-A.

HB 148 (Marzian)(H. L&I)

Would amend current 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 151 (Meeks)(H. Judiciary)

Would amend KRS 65.870 to authorize exceptions to the local firearms ordinances prohibition for ordinances related to firearm safety.

HB 158 (Koenig)(H. Elections)

Proposed constitutional amendment allowing the legislative body of a county to choose to abolish the office of constable and also to reestablish that office through an ordinance.


HB 160 (Koenig)(H. Local Govt)

Would amend KRS Chapter 67 to establish a new procedure for the optional consolidation of counties.

HB 167 (Osborne)(H. Judiciary)

Would amend eminent domain law to allow separately deeded tracts of land owned by the same person to be considered as a single parcel for valuation purposes.

HB 171 (Marzian and others)(H. Judiciary)

Would amend state civil rights law to include a prohibition against discrimination because of sexual orientation and gender identity.

HB 173 (Westrom, J. Adams, and Owens)(H. H&W)

Would impose statewide smoking ban on public places and places of employment.

HB 176 (Smart and others)

Would amend current law to allow the electronic distribution of open meetings, open records, and records management materials which the local officials must distribute locally.

HB 182 (Dw. Butler)

Proposed constitutional amendment to establish an independent commission to set salaries of members of the General Assembly, judges, the Governor, the Lieutenant Governor, the Treasurer, the Auditor of Public Accounts, the Attorney General, the Secretary of State, and the Commissioner of Agriculture, and to require salaries in effect on November 4, 2014, to remain in effect until altered by the commission or by voter referendum.

Senate Bills

SB 15 (Neal)

Proposed Kentucky Constitution amendment to provide for automatic restoration of voting rights for persons convicted of a felony other than treason, intentional killing, a sex crime, or bribery, after the expiration of probation, final discharge from parole, or maximum expiration of sentence.

SB 18 (Webb)

Would prohibit state and local government entities from restricting the donation of game meat taken in Kentucky to or from not-for-profit organizations for the purpose of free meal distribution.

SB 25 (Webb)

Would prohibit any unit of local government from having local knife control ordinances, to establish limitations on local action, and require repeal of any local knife ordinance.

SB 27 (McDaniel and Girdler)

Proposed constitutional amendment to hold the election of the Governor, Lieutenant Governor, Treasurer, Auditor of Public Accounts, Attorney General, Secretary of State and Commissioner of Agriculture, Labor and Statistics in even-numbered years, every four years, beginning in 2016.

SB 33 (Seum)

Proposed constitutional amendment to allow casino gambling at no more than seven locations and dedicate ten percent of the revenue to promote equine interests, dedicate the Commonwealth's revenue from gaming to job creation, education, human services, health care, veterans' bonuses, local governments, and public safety.

SB 48 (Carroll)

Would amend existing law regarding governance of combined electric and water plant boards.

SB 53 (Denton, Harper Angel)

Would confer authority to include subpoena power in urban-county and consolidated local government ethics codes (i.e. Louisville and Lexington).

SB 58 (McDaniel)

Proposed constitutional amendment to abolish the office of State Treasurer.

SB 64 (Gregory)

Would amend current law to permit an all-terrain vehicle operator 16 years of age or older to cross a public roadway with a posted speed limit of 45 mph or less without protective headgear, to get from one ATV trail to another.

House Resolutions

HR 1 (Stumbo)(Adopted)

Rules of Procedure for the 2014 Regular Session of the House of Representatives.

HR 12 (Hall)(H. Tourism Dev Energy)

Simple resolution recognizing the value and potential of the arts and cultural resources in contributing to economic growth in Kentucky.

HCR 17 (Marzian)(H. Elections)

Resolution would urge Congress to propose an amendment to the Constitution of the United States of America to establish reasonable limits on contributions and expenditures in political campaigns and to prohibit noncitizen contributions and expenditures.

Senate Resolutions

SR 2 (Stivers) (Adopted)

Rules of Procedure to govern the 2014 Regular Session of the Senate.

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