2014 GENERAL ASSEMBLY REGULAR SESSION: Bills We’re Watching: The Twelfth Edition Posted: March 29, 2014
This list profiles the environmental, conservation, consumer and general government bills that the Kentucky Resources Council is 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. With only 4 potential days left in the session, all bills and resolutions that have not been heard by the initial committee to which the bill was assigned have been removed. To read the full set of bills KRC tracked during this session, see the Eleventh Edition of KRC’s Bill’s We’re Watching.
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!)
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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.
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
1H. 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 and Administrative Regulations Committee
S. Veterans = Senate Veterans, Military Affairs, and Public Protection Committee
Bills On Which KRC Has Taken A Position
HB 28 (Yonts)(S. Rules)(+)
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.
HB 31 (Tilley)(To Senate)(+)
House Committee Substitute clarifies that “oil or gas” and “oil and gas products” pipelines do not include natural gas liquids pipelines for purposes of granting eminent domain authority under KRS 278.502. House floor amendment clarifies that NGLs that are produced in Kentucky and are in a pipeline incidental to gas production do not disqualify a pipeline from being considered an oil or gas pipeline.
HB 235 (Rand)(To Conference Committee)(-)
Governor’s proposed executive branch budget for the next biennium.
HB 291 (Denham)(To Governor)(+)
Amends current law on siting board for merchant electricity facilities, to require a public meeting on request from state or local officials in order to inform landowners of proposed projects, to clarify that a project with an aggregate capacity of 10 mW is subject to the siting board, to require a preapplication meeting prior to submittal of an application for construction certificate, and to clarify that the setbacks for property boundaries and residential neighborhoods apply to all structures, not just exhaust stacks.
KRC worked with the sponsor to narrow the scope of the original bill and to strengthen public involvement.
HB 374 (McKee)(S. Eco Dev)(+)
Would require that any compensation received from the granting of an easement that is part of a Kentucky state park be spent for the improvement or benefit of the state park from which the real property was disposed.
HB 376 (Kay and others)(S. A&R)(+)
Would establish a qualified conservation contribution income tax credit for donations of conservation easements.
HB 491 (Kay)(S. Ag)(+)
Rare Plant Protection Act would establish a database of endangered or threatened plant species and prohibit any person from engaging in an activity which would threaten or harm the species; require the State Nature Preserves Commission to promulgate administrative regulations related to protecting endangered or threatened plant species; exempt ginseng and give permissive authority to exempt commercially propagated species from regulation by State Nature Preserves Commission; create a registry for people that sell endangered or threatened species; require those who sell endangered or threatened plant species to keep records for 2 years; create a certification for those propagating nursery stock of endangered or threatened plant species; prohibit state agencies from undertaking actions that would harms endangered or threatened plant species.
HCR 93 (Combs)(S. Ag)(+)
Would direct the Legislative Research Commission to 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.
HR 151 (McKee)(Adopted) (+)
Simple resolution would urge the University of Kentucky and Kentucky State University to research the decline of Kentucky's honey bee population.
SB 1 (Bowen and others)(H. Elections)(-)
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 during last 14 years. Passed Senate 24-14.
SB 31 (Schickel)(H. State Govt)(-)
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 67 (Leeper)(H. NR Env)(posted)(-)
Would remove the moratorium on new nuclear plant construction that requires a permanent disposal strategy be in place before licensing, and allow new nuclear plant construction provided that a storage plan was in place.
SB 99 (Hornback)(H. Rules)(-)
This year’s version of the AT&T bill, would end the obligation to offer basic local exchange phone service for exchanges with 15,000 or more housing units, and for all other exchanges, would allow AT&T, Windstream, and Cincinnati Bell fo substitute internet protocol or wireless service in some situations. Would end PSC jurisdiction over consumer cellphone and broadband complaints.
Senate Floor Amendment 2 was filed by the Senate sponsor, on House Bill 2, which is the University of Pikeville bill. In response, House Speaker filed House Floor Amendments 3 and 4 to SB 99, amending the bill to include an increase in the state minimum wage.
SB 153 (Harris)(To Senate for concurrence)(+)
Would amend Kentucky Pollution Prevention Center statute to authorize use of the pollution prevention fund dollars to match federal funds for the purpose of providing energy efficiency technical assistance.
SB 181 (Westerfield)(S. Judiciary)(-)
Would require appeals of planning and zoning decisions to the Circuit Court to reach a final decision within 120 days of being submitted for decision and to require that appeals from the Circuit Court be accompanied by a supersedeas bond of an amount calculated to offset any losses sustained by an appellee due to an unsuccessful appeal, up to a maximum of the lesser of $2,000 per acre or $25,000. Bill is made pending to any appeal to a Circuit Court that has not yet had final Circuit Court decision.
Other Bills That KRC Is Tracking
HB 1 (Stumbo and others)(S. State Local Govt)
Graduated increase in Kentucky minimum wage.
HB 5 (De. Butler and numerous others)(To Governor)
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 70 (Crenshaw)(House refused to concur, to Senate for receding)
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. Senate Committee Substitute significantly limits scope and imposes 5 year waiting period.
HB 81 (Riggs)(To House for concurrence)
Would create LRC employee work-related incentive program to reward employees suggesting improvements in services or realization of savings in the legislative branch.
HB 115 (Richards)(S. State Local Govt)
Act relating to timing of local government redistricting.
HB 147 (Marzian)(H. Rules)
Would prohibit the manufacture, sale, or distribution of any reusable food or beverage container containing bisphenol-A.
HB 167 (Osborne)(S. 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 173 (Westrom, J. Adams, and Owens)(H. Rules)
Would impose statewide smoking ban on public places and places of employment.
HB 176 (Smart and others)(Became Law)
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)(H. Rules)
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.
HB 191 (Coursey)(S. State Local Govt)
Would modify the manner in which state minimum wage for tipped workers is calculated and adjusted.
HB 192 (Yonts)(Became Law)
Would amend current law regarding auditing and reporting by special purpose governmental entities. Would exempt from the definition of “fees,” those costs associated with environmental controls and energy cost adjustments made pursuant to an approved base rate providing for periodic adjustment of costs by a municipal utility purchasing power from TVA. Would also allow audits done to satisfy federal requirements for that power agreement to satisfy state law.
HB 222 (Jenkins)(To House for Concurence)(-)
Would amend current law on euthanasia standards for animal shelters. Senate committee substitute cynically added an “ag gag” amendment seeking to punish disclosure of abuse of animals in industrial animal operations.
HB 228 (Marzian)(S. State Local Govt)
Would require Governor, when making appointments from submitted lists, achieve as much gender equity as possible in those appointments.
HB 229 (Damron, Gooch, Mills) (S. State Local Govt)
Would amend requirements for adoption of administrative regulation to require agencies to consider the impact of additional paperwork on regulated entities in order to comply with proposed administrative regulations.
HB 236 (Rand and others)(S. Rules)
Transportation-related appropriations for next biennium.
HB 237 (Rand and others)(To Conference Committee)
2014-2016 Highway Construction Plan.
HB 238 (Rand and others)(To Conference Committee)
Judicial Branch Budget for 2014-2016.
HB 253 (Rand)(To Conference Committee)
Proposed legislative branch for 2014-2016.
HB 260 (Upchurch)(To Governor)
Would allow 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 to get from one ATV trail to another, without protective headgear.
HB 263 (Burch)(S. Veterans)
Would revise laws on charitable gaming and establish a registry of individuals who have been disqualified from serving as a volunteer for a charitable organization.
HB 311 (Watkins and others)(S. H&W)
Would require immunization against human papillomavirus for female children 9 to 16 years of age and male children 10 to 16 years of age entering sixth grade and permit parents to withhold consent for immunization against human papillomavirus for any reason.
HB 313 (Wuchner)(S. State Local Govt)
Would require that statutorily mandated reports submitted to the Commission be posted and archived in an electronic database accessible to members of the General Assembly and to staff.
HB 314 (Palumbo)(To Governor)
Comprehensive bill relating to licensing of landscape architects.
HB 328 (Steele, K. Hall)(To Governor)
Would amend KRS 224.10-100 to authorize the secretary or designee to enter into, execute, and enforce reciprocal agreements with other states relating to compliance with KRS Chapters 350, 351, and 352 and the administrative regulations promulgated under those chapters. Intended to allow underground mining companies whose mines cross state boundaries to be regulated by one state rather than both.
HB 336 (Pullin)(S. Rules, consent)
Would require a mining permittee to include in the reclamation plan removal of electric distributions installations on the surface including poles, wires, other attachments unless the permittee has been granted an alternative post-mine use that is industrial, commercial, or residential.
HB 369 (Yonts)(S. Rules)
Would shorten the statute of limitations for actions on written contracts signed after the effective date of the act, from 15 to 10 years.
HB 388 (Gooch)(To Governor)
Would establish criteria by which the Energy and Environment Cabinet can establish performance standards for the regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units.
HB 390 (Pullin)(H. Rules)
Comprehensive revisions to statutes addressing Executive Branch Code of Ethics and lobbyists.
HB 399 (Thompson and many others)(H. Rules)
Proposed constitutional amendment to allow General Assembly to approve any local government to levy a local option sales and use tax.
HB 403 (Jenkins, Riggs)(S. L&O)
Would expand the authority of land bank authorities and make other changes to authorizing statutes.
HB 404 (Kay)(To Senate)
Would allow local governments to establish energy project assessment district programs in order to advance the efficient use of energy and water resources by allowing for energy projects to be financed by assessments imposed on those properties participating in a program.
HB 407 (Combs and others)(To Governor)
Would allow the use of a public-private partnership as an alternative method to finance a project. Senate added provision preventing tolling of a bridge over the Ohio River between Kentucky and Ohio.
HB 408 (Jenkins and others)(H. Rules, laid on clerk’s desk)
Would amend existing law to include the owning, possessing, keeping, breeding, training, selling, or transferring of four-legged animals for fighting purposes within the offense of cruelty to animals in the first degree.
HB 411 (Riggs and others)(S. A&R)
Would require licensed child-care centers to be tested for radon at least once every five years as part of their initial licensure and license renewal and require the most current report to be posted in a public place within the child-care center.
HB 434 (Smart and others)(S. Ag)
Would revise the list of the noxious weeds to be cleared from state rights-of-way and urge continued university research on noxious weeds and invasive plants. Committee substitute allows Cabinet to add noxious weeds to list, and encourages public awareness.
HB 448 (McKee and others)(To Governor)
Would allow landowners, their spouses, dependent children, or their designees to kill or trap on their lands any wildlife causing damage to the lands or personal property without a tag.
HB 466 (Hall)(S. A&R)
Would direct the deposit of the petroleum environmental assurance fees imposed on liquefied and compressed natural gas used as alternative transportation fuel into the Kentucky alternative fuel and renewable energy fund to provide funding to Kentucky-based companies that undertake activities to develop and expand the market for using liquefied and compressed natural gas as alternative transportation fuel in Kentucky including development of fueling station infrastructure.
HB 474 (Adkins and others)(S. A&R)
Would allow coal mining or processing companies to potentially qualify for sales and use tax incentives offered through the Kentucky Enterprise Initiative Act (KEIA) and income tax incentives offered through the Kentucky Business Investment Act (KBI) and to define terms and direct the Cabinet for Economic Development to work with various foreign trade partners and the Kentucky coal industry to promote increased exports of Kentucky coal.
Floor amendment filed in Senate by Senator Higdon would limit power of eminent domain for oil and gas pipelines to public utilities.
HB 573 (Adkins and Hall)(To Senate)
Would require the Public Service Commission to reconsider previously issued orders that involve multistate transactions if the order involves a multistate transaction that requires approval from another state public utility commission and the out-of-state public utility commission fails to approve the transaction or utility plan; require the Public Service Commission to review its previous order and determine whether the order is still in the public interest of Kentucky ratepayers; provide that the provisions of this Act shall apply retroactively to all Public Service Commission orders issued on or after July 1, 2013.
Senate Floor Amendments 1 and 2 would limit power of eminent domain to oil and gas pipelines that are public utilities.
SB 27 (McDaniel and Girdler)(H. Elections)
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 53 (Denton, Harper Angel)(H. Local Govt)(posted)
Would confer authority to include subpoena power in urban-county and consolidated local government ethics codes (i.e. Louisville and Lexington).
SB 58 (McDaniel)(H. Elections)(posted)
Proposed constitutional amendment to abolish the office of State Treasurer.
SB 64 (Gregory)(H. Transp)
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.
SB 70 (Humphries)(To Governor)
Would change definitions for incentives program for state government buildings and state property related to energy conservation to replace references to energy efficiency to energy conservation.
SB 74 (Higdon, Buford)(To Senate for concurrence)
Would provide civil liability protections to licensed professional engineers and licensed architects for negligent acts or omissions while voluntarily provide professional services at the request of officials during or within 90 days after a declared emergency.
Amended in the House to include provisions of HB 483, which the Senate had amended to include provision lifting nuclear moratorium.
SB 91 (Carpenter)(To Governor)
Would amend KRS 278.380 to allow the Public Service Commission to deliver its orders by electronic transmission unless a party objects in writing.
SB 123 (Parrett, Wilson)(To Governor)
Would repeal statute requiring individually mailed public notice of sewer rate charges.
SB 138 (Westerfield)(To Governor)
Would allow service of process to Secretary of State’s office electronically.
SB 144 (Givens)(To Senate for concurrence)
Would amend existing law to require the planning commission to make a recommendation on zoning requests within 60 days and would forward requested rezoning to legislative body for action if commission action not taken within 60 days unless timeframe is waived. Would also allow board of zoning adjustment review and revocation of conditional use permits previously issued, in certain circumstances, and allow revocation of conditional use permit if the board is not informed of certain modifications.
Sponsor agreed to language sought by KRC to not start time clock (which will be expanded to possible 120 days under a floor amendment) until the rezoning application is administratively complete, wioth all other agency stamps or approvals, and ready for technical review.
SB 170 (Parrett and Hornback)(To Governor)
Would revise the list of noxious weeds and invasive plants to be eradicated from the state rights-of-way; provide that the Department of Highways shall promote awareness of the eradication program through the use of electronic media and the Cooperative Extension Service, and give agency authority to add to or delete other plants from the list.
SB 195 (Stivers and others)(H. Elections)
Would propose an amendment to Kentucky constitution to limit General Assembly sessions to five days in odd-numbered years and 45 days in even-numbered years, and to allow the General Assembly to call itself back into session for no more than ten additional days during a particular biennium; propose amendments to Section 42 of the Constitution of Kentucky to establish limits on the numbers of days of legislative sessions, and to require the General Assembly to enact general laws relating to compensation of members during periods of recess and between sessions.
SB 205 (Thayer and others)(H. Elections)
Would amend election laws to allow Rand Paul and others to appear twice in the ballot for two different federal offices if also running for President or Vice President.
SB 221 (Gregory, Seum, Westerfield)(H. A&R)
Would give the Speaker of the House of Representatives and the President of the Senate standing to intervene in judicial proceedings in which the constitutionality of any Kentucky statute or constitutional provision is challenged; and amend KRS 48.005 to require statewide constitutional officers to inform the court of the public accountability for funds provisions prior to entering into an agreed order in a legal action to which KRS 48.005 applies.
SB 223 (Webb)(H. A&R)
Would direct that any funds of any kind that are recovered through judgment or settlement in any legal action filed by the Attorney General or other statewide constitutional officer shall be deposited into the general fund surplus account following any direct consumer restitution ordered by the court.
HR 1 (Stumbo)(Adopted)
Rules of Procedure for the 2014 Regular Session of the House of Representatives.
HR 12 (Hall)(Adopted)
Simple resolution recognizing the value and potential of the arts and cultural resources in contributing to economic growth in Kentucky.
HCR 17 (Marzian)(H. Rules)
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.
HCR 37 (Meeks, Owens)(S. State Local Govt)
Would direct the staff of the Legislative Research Commission to study whether counties should be offered the option of conducting elections in centralized voting centers rather than in voting precincts.
HCR 154 (Dw. Butler)(S. Ag)
Resolution recognizing that innovations in farming practices are critical to survival of farmers.
HR 175 (Adopted)
Honored Norman Borlaug and recognized importance of GMO crops.
HJR 185 (Tilley and others)(S. Rules)
Would urge State Parks to conduct internal review of processes necessary for public-private partnerships.
SR 2 (Stivers) (Adopted)
Rules of Procedure to govern the 2014 Regular Session of the Senate.
SJR 67 (Carpenter)(S. Rules, recommitted to S NR Energy)
Would require the Kentucky Fish and Wildlife Resources and the Department of Fish and Wildlife Resources Commission to provide equal, nondiscriminatory access to outdoor recreational groups to express opinion, make suggestion, and provide testimony on policy affecting the status of wildlife and wildlife resources of the Commonwealth.