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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: Twelfth Edition!  Posted: March 25, 2016
Just 4 Legislative Days Remain, 937 bills and 518 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 March 25, 2016.

With just 4 legislative days remaining, we’ve removed any bills and resolutions that we were tracking that have not been heard in and voted out of the initial committee to which the bill was assigned. Please refer back to the Eleventh Edition for information on those bills.

This year is a “long” session, and began on January 5, 2016, with a scheduled adjournment of April 12, 2016. The General Assembly will break for 10 days after Tuesday March 29, and will return on April 11 for the first of two “veto” days in which the General Assembly considers any bills vetoed by the Governor.

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. The House-crafted appropriations bill (HB 423) includes this tax credit.

HB 106 (Smart)(To Governor)(+)

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 187 (Yonts)(To Governor)(+)

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 303 (Rand)(To Conference Committee)(-)

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.

House Committee Substitute reduces by half the sweep of the Heritage Land Conservation Fund. KRC appreciates this effort by Chairman Rand and the House A&R Committee and also thanks Senator McDaniel and the full Senate for supporting this reduction in the sweep, and for agreeing on language that precludes sweeping of the nature license plate money.

HB 380 (Glenn)(To Senate)(+)

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

HB 431 (Adkins)(S. Rules)(consent)(+)

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 449 (Riner)(S. NR Energy)(+)

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.

House Committee Substitute limits the applicability of the bill to Metro Louisville, raising questions as to whether it would be considered “special legislation” vulnerable to constitutional challenge.

HB 563 (Howard, Collins, Hale, Harris, Richards)(S. Rules)(+)

House Committee Substitute directs Energy and Environment Cabinet and Cabinet for Health and Family Services to review and revise existing regulations to assure proper management of Technologically Enhanced Naturally Occurring Radioactive Material (TENORM) associated with oil and gas production, including enforcing the prohibition on importation of TENORM into Kentucky for disposal.

HR 6 (Wayne)(Adopted)(+)

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 90 (Harris)(To Senate For Concurrence With House Committee Amendment)(+)

Would amend KRS 100.987 to clarify that an application to site a cell tower 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 119 (Carpenter)(H. Rules, recommitted to H. NR Env)(+)

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)(To Senate for Concurrence with House Amendments)(+)

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)(To Governor)(+)

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 218 (Adams)(S. Rules)(consent)(+)

Would require licensed child-care centers to be tested for radon at least every 5 years as part of licensure, and would require posting of results.

SB 244 (Schroder, Bowen)(H. Elections) (posted, posting waived) (-)

Proposed constitutional amendment 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; submit to the voters for approval or disapproval.

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.

SB 297 (Girdler)(H. L&I)(-)

Would eliminate underground state mine safety inspections and significantly reducing authority of mine safety analysts to cite violations.

SR 218 (J. Carroll)(+)

Simple resolution honoring the Kentucky Nature Preserves Commission.

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

HB 2 (Stumbo and many others)(S. A&R)

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 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 38 (Donohue)(To Governor)

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

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, given first reading)

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

HB 55 (Wayne)(S. Rules)

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 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 80 (C. Harris)(S. Rules)

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 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 120 (Bechler)(S. Judiciary)

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

HB 147 (Stumbo)(S. State Local Govt, given first reading)

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

HB 161 (Koenig)(H. Rules)

Process for voluntary consolidation of counties.

HB 198 (Lee and Palumbo)(H. Rules)

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

HB 202 (Adkins and others)(S. Rules)

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 208 (McKee and others)(To Governor)

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)(To House For Concurrence With Senate Amendment)

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

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

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

HB 261 (Belcher and others)(S. Rules)(consent)

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 272 (T. Thompson (To Governor)

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

HB 278 (Stumbo)(H. Rules)

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 290 (Meeks, Owens)(S. Veterans)

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 304 (Rand)(S. Transp., given first And second reading)

Bevin Administration Proposed Road Budget Bill

HB 305 (Rand)(S. Transp., given first and second reading)

FY 2016-2018 Administration Proposed Biennial Highway Construction Plan.

HB 306 (Rand)(To Governor)

FY 2016-2018 Administration Proposed Judicial Branch Budget

HB 309 (Combs and others) (To Governor)

Amends 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.


HB 354 (Denham)(S. Ag)

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

HB 372 (Owens)(H. Rules)

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)(S. A&R)

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

HB 402 (Denham)(S. Rules)(consent)

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 (G. Watkins)(S. Judiciary)

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

HB 421 (Riggs)(H. Rules)

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

HB 422 (Meredith and others)(S. State Local Govt,, given first reading)

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)(To Governor)

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.

Among changes in the House Committee Substitute are inclusion of exemptions from sales and use tax for bees (HBs 27 and 193) and drugs used for livestock (HB 193, 231), and inclusion of tax credits for noise abatement measures near airports (which is House Bill 79), and the transfer of the general fund portion of the severance tax back to coal-producing counties over a four-year period. House Bills 24 and 266 sought to send 100% of the severance taxes back to coal-producing counties (which in theory is where a severance tax should be returned!)

HB 430 (Bell)(H. Rules)

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)(To Senate)

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 454 (Riggs, Miller)(H. Rules)

Would amend solid waste laws regarding Metro Louisville’s Solid Waste Board to prohibit a county or waste management district from prohibiting or restricting materials recovery by a city in a county containing a consolidated local government; prohibit the consolidated local government or waste management district from hindering, delaying, impairing, prohibiting or impeding a city or its contractors from utilizing a solid waste management facility; prohibit a county or waste management district from levying a fee that is based on the composition of the solid waste stream of the city if the waste stream is in conformity with state and federal law for the use of the solid waste management facility receiving the waste.

KRC was concerned with the proposed changes to the appointment process, and a House floor amendment addressed that concern by providing that the six (6) new appointed positions called for in the bill would be in addition to, rather than replacements for, the current 109 Board appointed by the Mayor. Further floor changes negotiated between Metro and bill proponents narrow the scope of the bill and under House Floor Amendment 3, the only effect of the bill is to add 3 new members to the 109 Board.

HB 461 (Short and others)(H. Rules, recommitted to H. NR Env)

Would allocate ten percent of carbon dioxide emissions allocated to the Commonwealth of Kentucky under 42 U.S.C. sec. 7411 (the Clean Air Act) to certain counties; establish the criteria by which counties with a coal-fired electric generating unit that retires after 2010 and before 2026 shall receive a percentage of the emission allowances; require that 50 percent of the emission allowances allocated to the utilities in the Commonwealth be returned to their ratepayers if their allowances equal their emissions; require that if the utilities sell the allowances that all proceeds of the sale be returned to the ratepayers.

HB 497 (Stone, Denham)(To Governor)

Would declare the state's preemption in seed regulation; amend KRS 250.021 to define "blend" and "brand"; amend KRS 250.041 to clarify standards on seed coatings, mixtures, and varieties; and amend KRS 250.051 to prescribe labeling permit stipulations.

HB 499 (Rand)(To Governor)

The Legislative Branch Budget.

HB 529 (Rand, Rudy)(To Governor)

Would create 11-member Kentucky Water Resources Board to require the cabinet to provide leadership for on-farm and rural community drought and water assessment monitoring, and improvements for agricultural purposes.

HB 561 (Richards and others)(H. Rules)

Would limit use of robocalls for political campaigns and require disclosure of the caller’s name, purpose of the call, and who is paying for the call.

HB 574 (Sinnette)(S. State Local Govt)

Would create a new section of the Kentucky Administrative Procedure Act (KRS Chapter 12) to require state agencies to compute time in a standardized way, similar to rule of civil procedure.

HB 585 (M. King, Stumbo, Stone)(S. A&R, given first reading)

Comprehensive revisions to statutes governing 911 services and funding, including changes to the CMRS Board composition.

HB 608 (Overly, Yonts)(S. A&R)

Would amend Executive Branch Ethics statutes, including requiring public servants to report suspected ethics violations to the Executive Branch Ethics Commission and providing whistleblower protection.

HOUSE RESOLUTIONS

HCR 14 (Marzian)(H. Rules)

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

HCR 35 (Short and Combs)(S. Rules)(consent)

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)(Adopted)

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.

HJR 91 (Rand)(S. Transp., given first and second reading)

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.

HCR 101 (Steele)(S. 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.

HJR 152 (Denham)(To Governor)

Joint resolution directing the Division of Water to meet with the Corps of Engineers and Natural Resources Conservation Service to determine procedures for developing water resources for agriculture.

HJR 164 (Denham)(S. Eco Dev)

Joint resolution would direct the Tourism, Arts and Heritage Cabinet to develop a covered wooden bridge trail in the Buffalo Trace Area Development District.

HR 169 (Kay, Stone)(Adopted)

Simple resolution would urge the Kentucky Congressional delegation to create a program of crop insurance for farmers growing fruits and vegetables.

HR 235 (McKee, Stone)(Adopted)

Simple resolution would request the Agriculture Committee examine agricultural fencing laws and consider possible changes to assist individuals with small acreage and no livestock.

SENATE BILLS

SB 8 (Schickel)(H. Elections)

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. Senate Committee Substitute also proposes constitutional amendment to extend county clerk and commonwealth attorney tenure to four years in 2018 and eight years beginning in 2022.

SB 10 (McDaniel)(H. Elections)

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

SB 14 (Hornback, Thayer)(H. Judiciary)

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 71 (Alvarado, Thayer, Schickel)(S. Rules, recommitted to S. A&R)

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)(H. Transp)

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 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)(To Governor)

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 137 (Robinson)(H. Elections)

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)(H. Rules)(consent)

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 170 (Bowen)(H. Rules)(consent)

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 175 (Westerfield and others)(H. Rules)

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

SB 180 (Robinson, Westerfield)(H. Judiciary)

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)(H. Judiciary)

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.

SB 224 (Smith)(H. Rules)

Would amend current mine safety training requirements to establish an alternative method of satisfying mine foreman annual training requirements under 30 C.F.R. Part 75.

SB 230 (McGarvey and Adams)(To Senate For Concurrence With House Floor Amendment)

Would amend KRS Chapter 99 to revise and update provisions concerning blighted and deteriorated properties in counties with consolidated local government (i.e. Metro Louisville).

SB 250 (Hornback)(H. Rules)

Would revise current law regarding underground facility protection.

SB 260 (Stivers)(H. State Govt)

Would amend current law to clarify procedure for confirmation of appointments made by the Governor and to delete provisions related to confirmation by the House of Representatives of appointments made by the Governor, and would prohibit the Governor from taking action on any appointment of an administrative law judge, workers' compensation board member, or member of the Workers' Compensation Nominating Commission if the term of the Governor expires prior to the term of the position being filled.

SB 281 (Harris)(S. Judiciary, given first reading)

Would create penalties for the use of drone to surveil critical infrastructure without consent; prohibit and create penalties for the use of a drone for harassment, voyeurism, and facilitation of burglary; prohibit and create penalties for adding a lethal payload to a drone.

SB 298 (Stivers)(S. Judiciary)(given two readings then returned to committee)

Would allow expungement of designated Class D felonies and of felony charges on which the grand jury has not issued an indictment and to allow an appellate court opinion to be redacted to remove the name of a person for whom an expungement has been ordered on the basis of a finding of not guilty or upon a dismissal of the charges; and to allow for expungements of multiple misdemeanors.

SB 299 (Stivers)(H. Elections)(posted)

Proposed constitutional amendment to allow persons convicted of certain felonies the right to vote as provided by the General Assembly.

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