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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

2016 General Assembly Regular Session: Bills We’re Watching: Seventh Edition!  Posted: February 19, 2016

2016 General Assembly Regular Session: Bills We’re Watching: Seventh Edition

29 Legislative Days Remain, 649 bills and 294 resolutions filed so far!

This list profiles the environmental, conservation, consumer and general government bills that the Kentucky Resources Council is supporting, opposing, and tracking during the 2016 General Assembly Regular Session, complete through end of legislative day February 19, 2016.

This year is a “long” session, and began on January 5, 2016, with a scheduled adjournment of April 12, 2016.

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 2016 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, 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. Transp = 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
H. Tourism Dev Energy = House Tourism Development and Energy 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. L&O = Senate Licensing, Occupations and Administrative Regulations Committee
S. Veterans = Senate Veterans, Military Affairs, and Public Protection Committee
S. B&I = Senate Banking and Insurance Committee

Bills And Resolutions On Which KRC Has Taken A Position

HB 79 (Wayne)(H. A&R)(+)

Would create a refundable income tax credit for the costs of mitigating noise from a commercial airport.

HB 103 (Watkins)(H. Tourism Dev Energy)(-)

Would lift state prohibition on nuclear plant construction to allow construction of a nuclear power facility within 50 miles of a site previously used for the manufacture of nuclear products (i.e. Paducah and a 50-mile radius of the former facilities at Portsmouth and Fernald in Ohio). Would create a “special legislation” exemption for those areas that would likely not survive judicial challenge, exempting such facilities from the requirement that a permanent disposal or a storage strategy be in place for management of spent nuclear materials.

HB 104 (Gooch)(H. NR & Env)(-)

Would prohibit Energy and Environment Cabinet from adopting regulations under any federal rule or federal plan for controlling carbon dioxide emissions unless authorized by the General Assembly or if Congress lists CO2 as a criteria pollutant.

The effect of this bill, if enacted, would likely be that the Environmental Protection Agency would adopt and implement a “Federal Implementation Plan” requiring reductions in carbon dioxide emissions for Kentucky, and that Kentucky would not be able to seek a 2-year extension for development of a state-specific strategy for meeting the carbon emission reductions called for from electric generating units under the federal Clean Power Plan. While a Federal Plan would likely include a requirement for more renewable capacity to be installed, the loss of flexibility in designing a state-lead plan could increase electricity rates more steeply and could require earlier retirement and replacement of generating capacity. Like HB 388, this bill could have unintended dramatic economic impacts on ratepayers – more so than a state-lead plan that seeks to meet emissions targets through efficiency on both side of the meter, and through increase incorporation of renewables into utility portfolios.

HB 106 (Smart)(S. NR Energy)(+)

Bill amends current state law regarding destruction of chemical weapons stockpile at Blue Grass Army Depot. Language has been negotiated among U.S. Army, a local monitoring group, the state Division of Waste Management and KRC to allow residuals after chemical decomplexing of unitary nerve and blister agents, to be recoded in order to reflect reduced toxicity so as to facilitate proper storage and disposal of such waste treatment residuals. Impact is limited to the demilitarization of those stockpiled chemical weapons.

HB 152 (Wayne)(H. NR Env)(+)

So-called “streamsaver bill” would amend surface coal mining laws to require on-bench disposal of excess spoil where feasible and to require valley fills to be constructed above rather than in waters of the commonwealth.

HB 168 (Floyd)(H. Elections)(+/-)

Constitutional amendment to Sections 211 and 242 of the Constitution of Kentucky to vest the power of eminent domain exclusively with the government; name Act the Kentucky Landowner's Bill of Rights.

While apparently intended to limit the power of eminent domain, the language allowing a governmental entity to condemn and then transfer property for the benefit of a nongovernmental entity is vague and could be read, in conjunction with Section 13 of the Kentucky Constitution, to allow condemnation for "public use" but then transfer to a nongovernmental entity on a lesser standard, such as that employed by the U.S. Supreme Court in the "Kelo" case. Any such amendment should retain the clear requirement that property cannot be condemned absent public "use" of the condemned property.

HB 187 (Yonts)(S. NR Energy)(+)

Would extend the date to participate in the petroleum storage tank fund from 2016 to 2021; amend KRS 224.60-130 to extend the date to perform corrective action using money from the petroleum storage tank account from 2019 to 2024; amend 224.60-145 to extend the date for the small operator assistance account from 2016 to 2021.

HB 213 (Floyd)(+)(Needs revision)

Would amend KRS 278.502 to exclude natural gas liquids from the definition of oil or gas or oil and gas products as used in that statute; require that oil or gas pipeline condemnation be for a "public use" as defined in KRS 416.675 rather than "public service.”

While the revision of KRS 278.502 to exclude natural gas liquids from the definition of oil or gas or oil or gas products would codify the decision of the Franklin Circuit Court in KURE v. Bluegrass Pipeline, which decision was upheld by the Court of Appeals and is not awaiting a decision on whether the Kentucky Supreme Court will grant discretionary review, the revision to replace “public service” with “public use” weakens current law, which the Court of Appeals has affirmed only allows public utilities regulated by the Public Service Commission 2to use this statute for condemnation. The requirement to be in “public service” is a more rigorous test than to be for “public use.” KRC will work with the sponsor, who has been firmly in support of landowners rights regarding NGL pipelines.

HB 214 (Koenig)(H. Local Govt)(posted)(+)

Would update current law to allow local governments to collect 911 fees from telematics service connections, CMRS service connections, and VoIP service connections. Local governments are increasingly challenged to fund 911 and enhanced 911 services due to a shift in telephony from wireline to other types of phone service.

HB 240 (Floyd)(H. Veterans)(+)

Would establish a Kentucky pipeline safety fund funded by pipeline operators other than those owned by regulated public utilities, and would require development of pipeline disaster preparedness plans.

HB 243 (Wuchner and others)(H. State Govt)(-)

Would delay the effect of administrative regulations with an overall economic impact of $500,000 or more until the General Assembly enacts a statute ratifying the regulation. Such a requirement could interfere with state administration of federally-delegated programs intended for protection of public and workplace health and safety.

HB 291 (Gooch)(H. NR Env)(-)

Would prohibit coal-fired utilities from recovering costs through the environmental surcharge of complying with environmental requirements of the Federal Clean Air Act until compliance is required. Ironically, while intended to forestall cost recovery for controls in order to allow coal-fired utilities to meet the Mercury and Air Toxics Rule and the Clean Power Plan, the effect of the rule would be to accelerate the shift away from coal-fired and to natural gas-powered electric utilities, since the latter are ineligible for cost recovery under the environmental surcharge and would not be affected by this statute, and would be able to recover costs under general rate cases where compliance was required in the foreseeable future. KRC opposes the bill because the rules regarding cost recovery for environmental compliance by coal-fired utilities are already established.

HB 303 (Rand)(H. A&R)(-)

Bevin Administration’s Proposed Executive Branch Budget Bill. The budget would further damage the ability of the Energy and Environment Cabinet to protect air, land, and water resources, and would steal (“sweep”) $10 million dollars from the Heritage Land Conservation Fund over the biennium. Additionally, no line item funding is provided for the Environmental Quality Commission.

HB 333 (Jenkins and Rand)(H. NR Env)(+)

Would establish a minimum buffer zone between special waste landfills and residentially zoned or used properties of 1,500 feet, and would allow that landowner to agree to a lesser distance.

HB 339 (Marzian)(H. Tourism Dev Energy)(+, needs updating)

Would require electric utilities to adopt renewable energy portfolio and energy efficiency portfolios.

HB 350 (Kay)(H. A&R)(+)

Would amend Kentucky law to provide a qualified conservation contribution income tax credit.

HB 370 (Bell)(H. Elections)(-)

Would amend Section 29 of the Constitution of Kentucky to permit the General Assembly or an agency or committee it creates to review, approve, or disapprove any administrative regulation of the executive branch during or between regular sessions of the General Assembly.

The proposed amendment would upend the separation of powers in the current constitution, and would overrule the case of LRC v. Brown which held unconstitutional a statute allowing a committee of the General Assembly to reject proposed administrative regulations. The amendment is a solution in search of a problem, since the number of regulations that have gone into effect over the objections of the Administrative Regulation Review Subcommittee are minimal.

HB 380 (Glenn)(H. Judiciary)(+)

Would apply the Uniform Residential Landlord and Tenant Act on a statewide basis.

HB 431 (Adkins)(+)

Would advance water conservation by providing conservation credits for gray water systems that reduce the waste flow calculations and requiring Department for Public Health to develop regulations for licensing and use of gray water systems.

HB 440 (Smart)(Needs substantial revision)(+)

Bill seeks to prohibit changing the substance carried or the direction of flow of a pipeline, and directs the Public Service Commission to develop regulations.

The bill is well-intended but in need of substantial revision. Inititally, there is no definition in the bill of what constitutes a “pipeline.” Second, the Public Service Commission does not have jurisdiction over pipelines other than those of PSC-regulated utilities, and neither the Tennessee Gas Pipeline nor the Kinder-Morgan UMTP are regulated by the PSC or owned by PSC_regulated utilities. Third, to the extent that the bill seeks to control the proposed Kinder-Morgan Utica Marcellus Texas Project, which seeks to “abandon in place” a FERC-regulated natural gas pipeline and to then use the “abandoned” pipeline to ship Natural Gas Liquids from the Marcellus and Utica shale plays in the mid-Atlantic states, it will need to clarify that the bill is not intended to regulate pipelines that are subject to FERC jurisdiction, and should place the regulatory power to develop the regulations in the Energy and Environment Cabinet.

HB 449 (Riner)(+)

Would amend KRS 224.40-310 to require the cabinet to promulgate administrative regulations on waste-to-energy facilities that use a waste feedstock to generate biogas for sale or for generation of electricity that is sold, and establish a 1,320-foot setback from school, hospital, place of worship, or residential property, and would exempt located on landfills, wastewater treatment facilities, and agricultural property from the minimum setback requirements.

HR 6 (Wayne)(H. Elections)(posted)(+)

Simple resolution supporting UN Convention on the Elimination of All Forms of Discrimination Against Women.

HCR 29 (Combs)(S. NR Energy)(+)

Would direct the Legislative Research Commission to establish a Timber Theft and Trespass Reduction Task Force.

SB 89 (D. Carroll)(S NR Energy)(-)

Would remove current prohibition on licensing of nuclear power plants until a permanent waste disposal strategy is in place, and instead allow licensing merely where a facility has a “storage” plan for the waste. KRC believes that the 25+ year moratorium should remain in place, and that it is not too much to ask that a utility proposing to construct a nuclear power plant that will generate radioactive wastes that will have to be managed for a millennium, have a permanent disposal strategy in place before generating the wastes.

SB 90 (Harris)(H. Local Govt)(+)(posted)

Would amend KRS 100.987 to clarify that applications to place cell towers on property owned by the state and instrumentalities of the state that is exempt from planning and zoning review under KRS 100.361, must be reviewed and approved by the Public Service Commission.

SB 102 (Jones)(Withdrawn)

SB 111 (Webb)(S. NR Energy)(+)

Would amend solid waste laws to require transportation of municipal solid waste so as to prevent leaks, emissions, and access to the wastes by pests and prohibit a transfer station or waste disposal facility from receiving wastes not transported in compliance with the no-leak provisions. Would also require the Energy and Environment Cabinet to study wastes containing hydrogen sulfides to limit and control odors and emissions from landfills and grant authority to the cabinet to modify, revoke, abate and control for odor or if there are three or more violations at a landfill and to condition permits as to acceptance of wastes containing hydrogen sulfides; amend KRS 224.43-335 to require the manifest accompanying the solid waste to describe the type of waste, including wastes containing hydrogen sulfides, and require that the waste be transported in compliance with leak-proof containment of the wastes.

Bill needs some revision, but is a good faith effort to address significant odor problems such as those that have plagued areas of Boyd County in recent years due to rail transport of sewage sludges and solid waste from New York and New Jersey.

SB 119 (Carpenter)(H. Rules)(Consent)(+)

Bill amends current state law regarding destruction of chemical weapons stockpile at Blue Grass Army Depot. Language has been negotiated among U.S. Army, a local monitoring group, the state Division of Waste Management and KRC to allow residuals after chemical decomplexing of unitary nerve and blister agents, to be recoded in order to reflect reduced toxicity so as to facilitate proper storage and disposal of such waste treatment residuals. Impact is limited to the demilitarization of those stockpiled chemical weapons.

SB 129 (Harris)(H. State Govt)(+)

Would amend current law regarding agency promulgation of administrative regulations and legislative review of proposed regulations, clarifying how written comments can be submitted and making other changes modernizing the review process for administrative regulations.

SB 188 (Carpenter)(S. NR Energy)(+)

Would establish rules for stratigraphic (test) oil and gas well and for conversion of stratigraphic to production wells, and would limit confidentiality of information for strat wells converted to production wells.

SB 190 (Thomas)(S. NR Energy)(+)

Would establish graduated energy efficiency and renewable energy portfolio requirements for regulated electric utilities.

BILLS AND RESOLUTIONS WE’RE TRACKING FOR WHICH KRC HAS TAKEN NO POSITION

HB 2 (Stumbo and many others)(H. Elections)

Proposed amendment to Section 181 of the Constitution of Kentucky to authorize the General Assembly to confer upon the proper authority of any city or county the power to levy a local option sales and use tax.

HB 14 (Wuchner)(H. Judiciary)

One of several bills arising from Rowan County marriage license case, would modify current law regarding freedom of religion, would declare the requirement to solemnize a same-sex marriage to be a substantial burden on freedom of religion and would immunize person from liability for refusing to do so. Similar bills include HB 28 (Dossett), HB 31 (Hale), which would transfer marriage license issuance from county clerk to state registrar for vital statistics. Also HB 17 (S. Lee).

HB 18 (Jenkins)(H. Rules)

Would expand state civil rights law to require reasonable accommodation for women during pregnancy, after childbirth, and for related conditions.

HB 22 (St.Onge) Withdrawn

HB 23 (Steele)(H. A&R)

Would amend current law concerning unmined minerals tax to limit tax imposition to minerals under permit that would be mined within that year.

HB 24 (Steele)(H. A&R)

Would distribute 100% of coal severance revenues among the coal producing counties on the basis of the tax collected on coal severed or processed in each respective county.

HB 26 (Steele)(H. A&R)

Would create sales and use tax holidays for purchases of certain clothing items and school supplies.

HB 27 (Mills)(H. A&R)

Amend KRS 139.480 to exempt bees used in a commercial enterprise for the production of honey or wax for sale and certain items used in that pursuit.

HB 35 (St. Onge)(H. Judiciary)

Would modify current firearms laws regarding unlawful possession of firearms, and include legislative declarations regarding the right to bear arms, as well as purporting to invalidate any federal laws respecting controls on firearms.

HB 38 (Donohue)(H. Rules)

Would authorize Commissioner of Agriculture to develop regulations for safety and siting of ziplines.

HB 45 (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 46 (King)(H. Judiciary)

Would establish legislative intent that the rights of an individual afforded under the Constitutions of the Commonwealth and the United States take precedence over the application of any foreign law in any judicial or quasi-judicial proceeding; define specific terms; strictly construe waivers of constitutional rights.

HB 48 (King)(H. Elections)

Constitutional amendment would prohibit members of the General Assembly from receiving legislative pay for a special session that has been called by the Governor because the General Assembly adjourned without passing a state budget.

HB 50 (Flood)(S. Judiciary)

Would create “public benefit corporations” whose purposes could include public as well as shareholder benefit.

HB 52 (Denham)(S. A&R)

Would limit the amount of reduction in severance taxes paid to a county due to refund for any quarter.

HB 55 (Wayne)(S. State Local Govt)

Initial bill was problematic and would have amended current zoning law affecting counties with consolidated governments to eliminate requirement that cities within such a county adopt the comprehensive plan and zoning ordinances.

The committee substitute to the bill clarifies the intent is to preserve rights of small cities in Jefferson County that don’t have zoning authority, to adopt home rule ordinances that aren’t in conflict with the zoning ordinances and comprehensive land use plan, such as nuisance abatement, business licensing and building permit processes, and code enforcement.

HB 67 (St. Onge) Withdrawn

HB 70 (Owens)(S. State Local Govt, reassigned to S. Judiciary)

Constitutional amendment to automatically restore voting rights for most felonies at end of probation or final discharge; exceptions for felonies with intentional killing and those involving sex crimes.

HB 78 (Imes)(H. Elections)

Constitutional amendment to impose term limits on state representatives and senators of 8 and 4 terms, respectively, requiring a lapse of two years before they could run after serving 16 consecutive years.

HB 80 (C. Harris)(S. State Local Govt)

Would amend state open records law to limit a current exemption for funds paid for compensation for goods or services procured through competitive bid, so that funds paid by a public agency for utility and other public services would make the entity receiving at least 25% of its revenue from state or local government subject to state open records law.

HB 93 (L. Clark)(H. A&R)

Would include electronic cigarettes under cigarette tax.

HB 98 (Nelson)(H. Tourism Dev Energy)

Would limit electric utilities regulated by the Public Service Commission to a basic service charge of no more than 10% of usage billed.

HB 99 (Denham)(H. Rules)

Would amend current law regarding posting of the Bill of Rights in schools to require a copy of the preamble to the U.S. Constitution and of the Kentucky Constitution to be posted in each public elementary and secondary school classroom.

HB 108 (Gooch)(H. Tourism Dev Energy)

Would allow municipal utilities to allow two or more municipal utilities to combine to create a municipal electric authority in order to provide electricity, including bonding for new generation facilities. Such authority would be exempt from Public Service Commission jurisdiction as to rates and service, as are municipal utilities currently.

HB 116 (DuPlessis)(H. Elections)

Constitutional amendment to impose term limits on state House and Senate seats of 6 and 4 terms, respectively.

HB 120 (Bechler)(H. Rules)

Would revise criminal statutes regarding use of drones for harassment, voyeurism, theft by taking or forcible entry.

HB 121 (Westrom)(H. Transp)

Would amend current traffic law to require 3-foot distance for vehicles overtaking bicycles moving in same direction.

HB 128 (Crimm)(H. Elections)

Would revise state law concerning the manner in which a Lieutenant Governor candidate is designated and replaced.

HB 136 (Rowland)(H. A&R)

Would amend current state energy efficiency tax credits to extend the credits to year 2020 only for poultry and livestock facilities. A more general extension of those tax credits is needed.

HB 144 (Meeks)(H. L&O)

Would create a Kentucky Historic Cemetery Preservation Program and Board, revise state law concerning cemetery access and maintenance and relocation, create new voluntary tax check off to fund program.

HB 145 (Meeks)(H. Ed.)

Would prohibit imposition of restrictions on free speech exercise at public postsecondary educational institutions subject to defined exceptions.

HB 146 (Meeks)(H. State Govt)

Would task the Historic Properties Advisory Commission and Tourism Cabinet to provide appropriate contextual information regarding the civil war and Confederate States of American statuary and other historical items.

HB 147 (Stumbo)(S. State Local Govt)

Would raise campaign contribution limits and amend campaign contribution reporting laws.

HB 155 (Marzian and Wayne)(H. Judiciary)(Posted)

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

HB 161 (Koenig)(H. Rules)

Process for voluntary consolidation of counties.

HB 177 (Imes)(H. A&R)

Would transfer a portion of the Tennessee Valley Authority (TVA) in-lieu-of-tax payment to the regional development agency assistance fund to be distributed among fiscal court-designated local industrial development authorities for economic development and job creation activities.

HB 182 (Wuchner and others)(H. Judiciary)

Create new sections of KRS Chapter 237 to require the General Assembly to enact laws to prevent the enforcement of federal acts that violate the Second Amendment to the United States Constitution

HB 188 (Koenig and Jenkins)(H. Elections)

Proposed constitutional amendment to allow cities and counties to abolish the office of Constable and to reconstitute the office if they choose, by ordinance.

HB 192 (Meredith and others)(H. A&R)

Would exempt drugs if used in the diagnosis, cure, mitigation, treatment, or prevention of disease in beef cattle, dairy cattle, sheep, swine, poultry, llamas, alpacas, buffalo, aquatic organisms, cervids, ratite birds, or equine from sales and use tax.

HB 193 (Meredith and others)(H. A&R)

Would exempt bees used in a commercial enterprise for the production of honey or wax for sale or the pollination of crops the products of which constitute food for human consumption or are to be sold in the regular course of business, and certain items used in those commercial enterprises, from sales and use tax.

HB 195 (Short and others)(H. NR Env)

Would amend current law on unmined minerals tax to set a presumptive value of zero as the standard value for unmined coal reserves that have not been mined during the 10-year period immediately preceding the assessment date unless information is available that warrants any deviation.

HB 198 (Lee and Palumbo)(H. Elections)(posted)

Proposed constitutional amendment to eliminate the Office of Judge of County Court in merged county-and-city government.

HB 199 (Imes)(H. Elections)

Proposed constitutional amendment imposing term limits on state Senators of 3 consecutive terms and on House members of 6 consecutive terms.

HB 202 (Adkins and others)(S. A&R)

Would amend current laws to allow coal mining or processing companies to potentially qualify for sales and use tax incentives offered through the Kentucky Enterprise Initiative Act (KEIA) and the Kentucky Business Investment Act (KBI) and would direct the Cabinet for Economic Development to work with various agencies, foreign trade partners, and the Kentucky coal industry to promote increased exports of Kentucky coal.

HB 203 (Floyd)(H. Judiciary)(posted)

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

HB 205 (Floyd)(H. Judiciary)

Would amend several statutes relating to expungement of criminal records.

HB 206 (Stone and others)(H. A&R)

Would amend current law to provide that a portion of the Tennessee Valley Authority (TVA) in-lieu-of-tax payment made to the Commonwealth and deposited into the general fund shall be transferred to the regional development agency assistance fund to be distributed among fiscal court-designated local industrial development authorities for economic development and job creation activities.

HB 208 (McKee and others)(H. Rules)

Original bill would require the Energy and Environment Cabinet to develop a comprehensive prescribed fire program and training, education, and experience for certified prescribed fire boss. A House Committee Substitute to the bill resolved issues that Division of Forestry had concerns with, including incorporating restrictions on prescribed burning on red flag warning days as determined by National Weather Service. KRC had concerns regarding a provision that declared a prescribed burn could never be a nuisance, and that provision was removed in the committee substitute.
HB 216 (Denham)(S. Eco. Dev)

Would add two new members to the Board of the Kentucky Economic Development Partnership, bringing total membership to 15.

HB 227 (Donohue)(H. State Govt)

Would create preference in public procurement for iron, steel and manufactured goods from Kentucky and the United States.

HB 230 (DeCesare and M. King)(H. Transp)

Would extend current law allowing overweight permits for steel products to be extended to include aluminum.

HB 231 (McKee and others)(H. Rules, recommitted to H. A&R)

Would exempt from sales and use tax drugs purchased for treatment of certain classes of animals.

HB 232 (DeCesare and M. King)(H. Elections)

Proposed constitutional amendment to allow General Assembly to enact laws allowing cities to provide property tax exemptions for economic development.

HB 234 (Heath)(H. A&R)

Would expand sales and use tax exemptions for poultry and livestock and supplies used in raising them.

HB 235 (Rudy and others)(H. State Govt)

Would make the mallard duck the official state waterfowl.

HB 236 (St. Onge and others)(H. Judiciary)

Would obligate General Assembly to enact laws to prevent enforcement of federal laws concerning firearms.

HB 245 (Fischer and Santoro)(H. Local Govt)(posted)

Would limit a sanitation district's power to tax to the direct use of sanitary or storm sewers and prohibit the taxation of indirect or imputed benefits.

HB 251 (Hoover and others)(H. Local Govt)

Would amend KRS Chapter 81A to grant standing to certain persons to pursue litigation regarding city annexations where there are no residents within the area annexed or being annexed.

HB 254 (Jenkins)(H. Transp)

Would amend KRS Chapter 189 to require the use of a helmet by a child under the age of 12 when operating a bicycle or being a passenger on a bicycle or any attachment to a bicycle.

HB 261 (Belcher and others)(H. Rules)

Would amend KRS 278.020 to require utilities to obtain insurance coverage sufficient to cover the replacement of any plant, equipment, property, or facility if destroyed.

HB 264 (Kay, Meyer)(H. Elections)(posted)

Proposed constitutional amendment would limit state Senators to four consecutive terms of office and state Representatives to six consecutive terms of office.

HB 266 (Harris and others)(H. A&R)

Would alter coal severance tax distributions to increase the amount that is transferred to the local government economic development fund from the general fund from 50% to 75% and to increase the amount transferred from the transfer from the local government economic development fund to the local government economic assistance fund from 15% of the severance and processing taxes collected annually to the greater of 35% or $40 million.

HB 267 (Imes)(H. Elections)

Would reduce the number of campaign finance reports required to be reported relating to a primary or election from four to two, one 15 days prior to a primary or election and one 45 days after.

HB 272 (T. Thompson)(H. Rules)(Consent)

Would exempt a residential building contractor installing vent pipes from radon mitigation certification requirements.

HB 278 (Stumbo)(H. Rules, Recommitted to H. A&R)

Would raise the state minimum wage to $8.20 per hour on August 1, 2016, $9.15 per hour on July 1, 2017, and $10.10 per hour on July 1, 2018.

HB 282 (Belcher)(H. H&W)(Posted)

Would prohibit health care providers from charging Medicare beneficiaries more than a reasonable charge for services as determined by the United States Secretary for Health and Human Services.

HB 287 (DuPlessis, Steele)(H. A&R)

Would reinstate coal incentive tax credit for use of Kentucky coal in the generation of electricity or for certain industrial processes.

HB 290 (Meeks, Owens)(H. Elections)

Would allow in-person voting for any reason in the clerk's office or other approved location at least 12 days before an election.

HB 302 (Brown)(H. Elections)

Proposed constitutional amendment to make the Lieutenant Governor President of the Senate and to give him or her the ability to cast votes to break ties in the Senate and to place the Attorney General and the Auditor in the line of succession if a Governor and a Lieutenant Governor cannot or will not serve as Governor.

HB 304 (Rand)(H. A&R)

Bevin Administration Proposed Road Budget Bill

HB 305 (Rand)(H. A&R)

FY 2016-2018 Administration Proposed Biennial Highway Construction Plan.

HB 306 (Rand)(H. A&R)

FY 2016-2018 Administration Proposed Judicial Branch Budget

HB 309 (Combs and others) (S. Eco Dev)

Would amend procurement laws to allow for the use of public-private partnerships (P3s) as an alternative method of procurement, construction, and financing of capital projects and services by state government.

KRC believes that the use of P-3 agreements must be carefully bounded and should not be allowed unless shown to be less expensive and less risky than a public funding option, since in either event, the taxpayers foot the bill. Additionally, worker protection and risk issues should be addressed, and are not addressed in the bill as written.

Floor amendment adopted provides for public notice where local government received unsolicited bid for P3 project, and is an improvement.

HB 331 (Miller)(H. Elections)(posted)

Would move filing deadline for state legislative races to second Tuesday in January.

HB 338 (Jenkins)(H. Local Govt)

Would amend current law regarding local regulation of firearms to preserve power of law enforcement agencies to enact and enforce regulations pertaining to firearms issued to or used by peace officers.

HB 341 (Bratcher)(H. Elections)

Proposed constitutional amendment to incorporate the Ninth and Tenth Amendments of the U.S. Constitution into the Kentucky Constitution.

HB 351 (Westrom)(H. H&W)(Posted)

Would prohibit smoking in public places and workplaces.

HB 354 (Denham)(H. State Govt)(posted)

Would add a representative of the Department of Agriculture to the membership of the Kentucky Emergency Response Commission.

HB 372 (Owens)(H. Elections)

Proposed constitutional amendment to increase the amount of the homestead exemption allowed for totally disabled veterans of the United States Armed Forces.

HB 374 (Thompson)(H. Local Govt)(posted)

Companion bill for proposed constitutional amendment allowing local governments to increase sales and use taxes.

HB 375 (Floyd)(H. Judiciary)

Bill would establish restrictions on use and weaponization of drones.

HB 402 (Denham)(H. A&R)(Posted)

Would change how municipal solid waste landfills are valued for tax assessment to require the valuation and assessment of real and tangible personal property of a municipal solid waste disposal facility be performed by the department of revenue, and to remove pollution control facilities incorporated into municipal solid waste landfills from having to pay local taxes.

HB 413 (Watkins)(H. L&I)

Would prohibit the marketing, sharing, or selling of wireless phone numbers of subscribers without express written consent of the subscriber.

HB 414 (Benvenuti and Moore)(H. NR Env)

Would require the Kentucky Department of Fish and Wildlife Resources to offer hunting and fishing licenses to active duty members of the United States Armed Forces at the same cost charged to Kentucky residents.

HB 421 (Riggs)(H. Local Govt)(posted)

Would amend current solid waste laws to require hearing and notice for the displacement of waste haulers.

HB 422 (Meredith and others)(H. Local Govt)(posted)

Would revise statutes concerning local code enforcement to clarify the violations that may be enforced by a code enforcement board and to make other revisions regarding code enforcement.

HB 423 (Rand)

Would modify current law over the next biennium regarding several revenue matters, including extension of the new motor vehicle tire fee until June 30, 2018.

HB 424 (Rand)(H. A&R)

Would increase the certified rehabilitation credit for historic properties to $10 million and divide the cap by establishing a $1 million owner-occupied residential property credit cap and a $9 million credit cap for all other properties.

HB 430 (Bell)

Would require candidates for statewide constitutional offices and slates of candidates for Governor and Lieutenant Governor to file their state business and personal and federal business and personal income tax returns for the current year and for the 2 years preceding at the time they file their notice and declaration with the Secretary of State.

HB 438 (Westrom)

Would require that require area development districts to use specific hiring practices when hiring an executive director and to comply with state accountability and transparency standard measures.

HB 439 (Clark)

Would amend current law regulating electrical work to update terminology used to define the scope of the telecommunications exception and make consistent with other state and federal law and the evolution of low-voltage technology, and establish a limited low-voltage exception for wireless home surveillance, security alarm, or energy management systems.

HB 445 (Coursey)

Would prohibit the use of an unmanned aircraft system to collect evidence or information about critical infrastructure without prior written consent and make the unlawful use of an unmanned aircraft system for this purpose a Class A or Class B misdemeanor.

HB 446 (Sinnette)

Would amend KRS 96.010 to allow cities to deny utility franchisees the ability to recover from ratepayers the franchise fee by adding a fee or surcharge to the bill.

HB 450 (Benvenuti)

Would amend KRS Chapter 6 to provide that the General Assembly shall not exempt itself or any state agency from general laws applicable to the general public or businesses.

HOUSE RESOLUTIONS

HCR 14 (Marzian)(H. Elections)(posted)

Simple resolution calling on Congress to propose Constitutional Amendment allowing Congress to impose restrictions on campaign spending.

HCR 27 (Koenig)(H. Transp)

Would create the Mileage-Based Transportation Funding Task Force to develop and study the implementation of a mileage-based transportation funding mechanism.

HCR 35 (Short and Combs)(S. Eco Dev)

Would direct the staff of the Legislative Research Commission to study the economic impact of adventure tourism in Harlan, Knott, Letcher, and Magoffin Counties.

HR 39 (Mayfield)(H. Transp)

Simple resolution would recognize Boone Trace as a road of historical significance; encourage the Transportation Cabinet to seek funding to mark Boone Trace; encourage the Tourism Cabinet to continue its work in developing Boone Trace as a major route in the Cross Kentucky Master Trail Plan.

HR 43 (M. King and others)(H. State Govt)

Would amend House Rules to create a new Standing Committee on Technology and Innovation.

HJR 44 (DeCesare and others)(H. Elections)

Would call on Congress to convene an Article V convention of the states to propose amendments to the U.S. Constitution imposing fiscal restraints on the federal government and term limits on Congress.

HJR 91 (Rand)(H. A&R)

Would adopt the last four years of the 6-year road plan as a resolution which, in conjunction with this biennial highway plan, would constitute the new 6-year road plan.302

HCR 101 (Steele)(H. Rules)

Concurrent resolution would establish the Abandoned and Free-roaming Horse Task Force to study issues regarding abandoned and free-roaming horses and to develop consensus legislative recommendations to address those issues.

SENATE BILLS

SB 8 (Schickel)(S State Local Govt)

Proposed constitutional amendment to require the Supreme Court of Kentucky to recommend to the General Assembly a proposal to adjust Circuit Court and District Court districts based on caseload and population and Supreme Court districts based on population only.

SB 10 (McDaniel)(H. Elections)

Constitutional amendment would move state constitutional office elections to even-numbered years starting in 2024.

SB 13 (P.Clark)(S. L&O)

Would legalize possession of marijuana, license, regulate, and tax cannabis production and distribution.

SB 14 (Hornback, Thayer)(S. Ag)

Would amend current law to include the owning, possessing, keeping, breeding, training, selling, or transferring of dogs for fighting purposes within the offense of cruelty to animals in the first degree.

SB 21 (Jones and Turner)(S. A&R)

Would amend severance tax statutes to return 100% of collected taxes to coal-producing and coal-impact counties.

SB 26 (Carroll)(S. NR Energy)

Would prohibit any person doing business within the Commonwealth from changing the substance or direction of flow of any pipeline, including changes to the chemical makeup, temperature, or pressure of any pipeline's contents in such a way that public safety is negatively affected. PSC would be given responsibility to enforce the requirements.

SB 27 (Bowen)(S. Transp)

Would impose annual $100 registration fee on plug-in electric vehicles as in-lieu contribution to road fund.

SB 36 (Schickel)(S. State Local Govt)

Would amend currently law regarding revisions to judicial redistricting.

SB 38 (Humphries)(S. A&R)

Would transfer a portion of the Tennessee Valley Authority (TVA) in-lieu-of-tax payment to the regional development agency assistance fund to be distributed among fiscal court-designated local industrial development authorities for economic development and job creation activities.

SB 41 (Neal)(S. Judiciary)

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

SB 49 (Thomas)(S. State Local Govt)

Would require witnesses appearing before a committee to take an oath prior to giving testimony.

SB 62 (Webb)(S. NR Energy)

Would prohibit the use of unmanned aircraft systems to track, hunt, or harvest wildlife or to do surveillance on persons lawfully engaged in hunting, trapping, or fishing.

SB 71 (Alvarado, Thayer, Schickel)(S. State Local Govt)

Would require that proposed increases in ad valorem taxes and certain fees, and the levy of new ad valorem taxes or fees by special purpose governmental entities to be submitted to the legislative body of the county or city where the special purpose governmental entity is located for review.

SB 76 (Hornback, Humphries)(To House)

An act relating to overdimensional vehicle loads, would add a definition of the term "nondivisible load." The definition differentiates between loads that can be divided without affecting the value or physical integrity of the load (such as aggregates, garbage, etc.) from those where dividing the load would compromise the load integrity (such as a girder, beam, pole or truss). The definition proposed is similar to the federal counterpart except for the number of hours (4 v 8) required to dismantle the vehicle.

SB 79 (Embry, Bowen, Carroll)(S. NR Energy)

Would allow municipal utilities to join together to buy and sell electricity and natural gas; specify elements of an agreement to create a municipal electric authority; determine what powers an authority will have, including the power to undertake projects, bonding, and other borrowing power; specify limits to financial transactions.

SB 80 (Webb and others)(H. Transp)

Would require operators of bicycles to travel upon the right- hand side of the traveled portion of a highway; provide that bicyclists shall not have to ride on the shoulder of the highway; require vehicles overtaking bicycles to pass at a distance of at least three feet; specify when a motor vehicle may pass a bicycle to the left of the center of a roadway.

SB 84 (Harris)(H. Transp)

Would provide an exemption from prohibition against stopping on highways for vehicles operated by a collection service registered under KRS 224.43-315 or an Adopt-a-Highway Program, provided the vehicles are stopped for no more than 15 minutes at a time.

SB 101 (Kerr and others)(S. B&I)

Would reform payday lending by capping annual percentage rate at 36%, and allow double recovery for knowing violations of the maximum allowable interest rate. Bill is supported by the Kentucky Coalition for Responsible Lending.

SB 112 (Webb)(S. State Local Govt)

Would prevent county and local governments from regulating knives.

SB 132 (Wise)(S. Eco Dev)

Would amend current law to allow use of public-private partnerships (P3s) as an alternative method of procurement, construction, and financing of capital projects and services by state government.

SB 137 (Robinson)(To House)

Proposed constitutional amendment to clarify standards relating to redistricting and to require the General Assembly to remain in continuous session, without pay to the members, for the sole purpose of redistricting if the General Assembly fails to redistrict the state by April 15 of the first even-numbered year session following receipt of the decennial census data.

SB 141 (Carroll)(S. NR Energy)

Would allow one person to be a Board member of a municipal utility that lives in a portion of the utility service area outside of that city, if the portion is 10% or more of the utility customers. It’s a matter of curing “electrification without representation.”

SB 144 (McGarvey, Adams)(S. Veterans)

Proposed constitutional amendment to authorize the General Assembly to define and permit casino gaming; with 90 percent of proceeds go to retirement systems, and remaining amount going to the benefit of the horse industry until 2027.

SB 166 (Carpenter and others)(S. A&R)

Would allow a restaurant tax to be levied on all cities and merged governments and provide for a distribution of the tax between the tax jurisdiction and the relevant tourist and convention commission.

SB 170 (Bowen)(S. Transp)

Would require the Transportation Cabinet to establish a permit process for overdimensional permits for the transportation of steel products within the state of not more than a ten-mile radius from the manufacturing facility.

SB 171 (Humphries)(S. NR Energy)

Would amend current law to include geothermal borehole drilling and geothermal vertical closed loop well installation under the Kentucky Water Well Certification Board.

SB 175 (Westerfield and others)(S. Rules)

Proposed constitutional amendment to create a crime victims' bill of rights.

SB 176 (McGarvey and others)(S. Judiciary)

Would amend Kentucky civil rights laws to include a prohibition on discrimination because of sexual orientation and gender identity.

SB 177 (J. Carroll)(S. State Local Govt)

Would require LRC to employ an ombudsman to receive requests and to investigate the official acts of state and local government entities.

SB 180 (Robinson, Westerfield)

Bill would broadly prohibit any statute, regulation, ordinance, order, judgment, of other law or action by any court, commission, or other public agency from impairing, impeding, infringing upon, or otherwise restricting the exercise of protected rights by any protected activity provider and prohibit a protected activity provider from being fined, imprisoned, held in contempt, or otherwise punished or found liable for actions or inactions related to providing or refusing to provide protected activities unless a court finds that the complaining person or the government proved by clear and convincing evidence that a compelling governmental interest in infringing upon the act or refusal to act existed and the least restrictive means was used.

"Protected rights" means the rights of persons to be free from governmental actions that impair, impede, infringe upon, or otherwise restrict the exercise of any right guaranteed by the United States Constitution or the Constitution of Kentucky, including but not limited to a person's right of conscience, freedom of religion, freedom of speech, freedom of the press, and right to peaceable assembly. “Protected activity provider” is anyone engaged in providing “customized, artistic, expressive, creative, ministerial, or spiritual goods or services, or judgments, attestations, or other commissions that involve protected rights.”

SB 202 (Schroder, Westerfield)

Would amend various sections of the Kentucky Revised Statutes relating to the Franklin Circuit Court to modify standards for venue and jurisdiction in actions and give concurrent jurisdiction to other Circuit Courts in the Commonwealth for actions involving state agencies, including appeals of agency actions under KRS Chapter 224.

SENATE RESOLUTIONS

SJR 118 (Jones)(S. Eco Dev)

Joint resolution would direct the Tourism, Arts and Heritage Cabinet, the Transportation Cabinet, the Kentucky Department of Parks, the Department for Natural Resources, the Breaks Interstate Park Commission, and the Pine Mountain Trail Commission to form a task force to study ATV usage as a catalyst for economic development and to develop a comprehensive plan creating a trail system for off-road recreational ATVs.

The study is an alternative to a bill proposed by Sen. Jones and later withdrawn that would have allowed ATV usage on the Pine Mountain Trail.

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