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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

2017 General Assembly Regular Session: Bills We’re Watching!  Posted: January 8, 2017

2017 General Assembly Regular Session: Bills We’re Watching

This list profiles the environmental, conservation, consumer and general government bills that the Kentucky Resources Council is tracking during the 2017 General Assembly Regular Session.

This year is a “short” session, and began on January 3, 2015. The Chambers recessed today, January 7, 2017 and reconvene on Tuesday, February 7, with a scheduled adjournment of March 30, 2017.

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 2017 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.

Here’s the key to understanding where a bill is in the process:

H. State Govt = House State Government Committee
H. Ed = House Education Committee
H. Tourism = House Tourism and Outdoor Recreation 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 & Workforce Investment Committee
H. Ag = House Agriculture
H. Sm Bus = House Small Business and Information Technology Committee
H. Local Govt = House Local Government Committee
H. Transp = House Transportation Committee
H. H&FS = House Health and Family Services Committee
H. L&O = House Licensing and Occupations Committee
H. Nat Res Energy = House Natural Resources and Energy Committee
H. B&I = House Banking and Insurance Committee
H. L&I = House Labor and Industry Committee
H. Rules = House Rules 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
S. Transp = Senate Transportation
S. Rules = Senate Rules Committee

Bills And Resolutions On Which KRC Has Taken A Position

House Bills

HB 64 (Donohue)(H. A&R)(+)

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

HB 72 (J. Miller)(H. Judiciary)(-)

Would impose unconstitutional supersedeas bonds on of-right appeals of zoning decisions from Circuit Court to the Court of Appeals.

HB 90 (Watkins & Richards)(H. Nat Res Energy)(-)

Would lift ban on new nuclear power plants and allow new plants to be approved provided that they have a means for storage rather than permanent disposal of spent nuclear fuels and other waste.

HB 97 (Nelson)(H. L&O)(+)

Would require home inspections before purchasing a home.

Senate Bills

SB 11 (D. Carroll)(S. Nat Res Energy)(-)

Would lift ban on new nuclear power plants and allow new plants to be approved provided that they have a means for storage rather than permanent disposal of spent nuclear fuels and other waste.

SB 38 (Embry)(S. Ag)(+)

Would specify that any person, regardless of state of mind, who takes the timber of another without legal right or color of title, be liable for 3X the stumpage value of the timber and 3X the cost of any damages to the property.

SB 96 (Adams)(S. H&W)(+)

Would require licensed child-care centers to test for radon every 5 years and to post results on-site.

Senate Resolutions

SCR 21 (Thomas)(S. Nat Res Energy)(+)

Concurrent resolution would encourage the development of a statewide energy strategy to diversify energy sources for generating electricity in Kentucky.

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

House Bills

HB 1 (Hoover)(To Governor)

Right to work bill, would allow non-union workers to share in the benefits that the union negotiated in a workplace without paying for those benefits as do union workers.

HB 3 (Hoover)(To Governor)

Would repeal the prevailing wage.

HB 18 (Westrom)(H. State Govt)

Would require area development districts to use specific hiring practices and compliance with state accountability and transparency standards.

HB 28 (Wayne)(H. Local Govt)

Would clarify for cities with consolidated local governments the powers of home rule that don’t conflict with comprehensive planning.

HB 34 (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 35 (J. Miller)(H. State Govt)

Would allow creation of public benefit corporations.

HB 37 (Couch)(H. A&R)

Would exempt coal reserves from unmined mineral taxation for any tax year where the owner of the reserve doesn’t have a permit and does not anticipating mining the reserve.

HB 39 (King)(H. State Govt)

Would require roll call votes on any appropriation or revenue-raising measure voted upon in the Senate or House or a committee thereof.

HB 40 (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 43 (York)(H. A&R)

Would restrict the use of local government economic assistance fund moneys from oil and natural gas to the repair and maintenance of streets and roads.

HB 48 (Imes)(H. State Govt)

Would require Cabinet Secretaries to visit the furthest east and west counties in the Commonwealth.

HB 49 (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 50 (Imes)(H. L&O)

Would impose 7-year sunset on regulations and establish requirements for regulations that an agency doesn’t want to expire.

HB 61 (Gooch)(H. A&R)

Would increase severance tax distribution to local government economic assistance fund from 50 to 100% over 5-years.

HB 76 (G. Brown)(H. Sm Bus)

Would prohibit employers from considering or requiring disclosure of prior criminal history as part of an initial job application.

HB 81 (Imes)(H. Elections)

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

HB 85 (J. Miller)(H. Transp)

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

HB 101 (Owens and others)(H. Local Govt)

Would allow consolidated local governments to regulate firearms and ammunition in order to reduce gun violence.

HB 107 (Fischer and Santoro)(H. Local Govt)

Would limit a sanitation district’s power to tax to the direct use of sanitary or storm sewers.

HB 111 (Lee)(H. Elections)

Would amend several sections of the Kentucky Constitution to eliminate office of County Judge for counties with merged city-county government.

HB 119 (Gooch and Castlen)(H. Nat Res Energy)

Would prevent local governments from displacing a current provider of solid waste management services without notice and a hearing unless services pose a risk to health and safety of residents or there is a material breach of the contract.

HB 121 (J. Miller)(H. Judiciary)

Would allow use of subpoena power in support of urban-county and consolidated local government ethics codes.

HB 122 (Bunch)(H. Transp)

Would direct Transportation Cabinet to include a requirement for bicycle helmets for operators and passengers under age 12.

HB 150 (Riggs)

Would require Cabinet Secretaries and Fish and Wildlife Commissioner to meet regularly with Jefferson County officials to discuss state services provided or not provided to Jefferson County.

HB 156 (Fugate and others)

Would establish the Kentucky Mountain Regional Recreation Authority to promote outdoor recreation and tourism by developing a recreational trail system, prioritizing locations on private property made available by license or easement by willing landowners.

HB 157 (Sims)

Would eliminate option of straight-party voting in regular elections.

HB 160 (Koenig and others)

Proposed constitutional amendment allowing county governments option of eliminating the office of Constable.

HB 165 (DuPlessis)

Would reinstate the sunsetted coal incentive tax credit for taxpayers purchasing coal for use in generation of electricity and certain industrial processes.

HB 166 (Koenig, Simpson)

Would create process by which counties could voluntarily consolidate.

HB 168 (Rowland and others)

Would amend existing law to require that a portion of the in-lieu-of-tax revenue paid by the Tennessee Valley Authority that now goes to the general fund, be paid to the counties in which TVA owns property or which purchase power from TVA, up to 50% of the revenue not to exceed 6 million dollars.

HB 170 (Owens and others)

Proposed constitutional amendment would automatically restore voting rights to felons upon completion of sentence and probation, with certain enumerated exceptions.

House Resolutions

HJR 8 (Bratcher)(H. State Govt)

Would declare state sovereignty over powers not given to the federal government.

HR 9 (Couch)(H. Nat Res Energy)

Simple resolution urging EPA to emphasize compliance assistance over enforcement practices.

HR 11 (Riggs)(H. Local Govt)

Urge Ky. Local Government, KACO, and League of Cities to conduct annual training on the benefits and best practices of interlocal agreements.

HCR 13 (Wells)(H. State Govt)

Would ask Congress to call a convention to propose an amendment to the U.S. Constitution requiring a balanced budget.

HCR 27 (BR 900) - A. Koenig

Create the Mileage-Based Transportation Funding Task Force to develop and study the implementation of a mileage-based transportation funding mechanism; outline task force membership; require the task force to meet at least monthly during the 2017 Interim and to submit any proposed findings or recommendations to the Legislative Research Commission by December 1, 2017.

HR 28 (BR 974) - A. Hatton

Urge the Congress to lift restrictions on the coal industry.

Senate Bills

SB 4 (Alvarado and others)(H. H & FS)

Would require any claim for medical malpractice to be submitted to a review panel prior to initiation of a lawsuit.

SB 6 (Stivers)(To Governor)

Would require annual opt in by workers to paying union dues or fees, and would restrict expenditures of union funds for political purposes.

SB 7 (Robinson)(S. Veterans)

Would decriminalize carrying concealed deadly weapon without a license.

SB 12 (Alvarado)(To Governor)

What began as an act defining who qualifies as a dog owner, became in Senate Committee a bill addressing the governance of the University of Louisville.

SB 23 (Thomas)(S. State Local Govt)

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

SB 33 (Thomas)(S. A&R)

Would gradually raise minimum wage in Kentucky for retail stores and service industries.

SB 46 (Thomas)(S. State Local Govt)

Would allow urban-county and consolidated local governments to regulate firearms and ammunition to reduce gun violence.

SB 51 (Westerfield)(S. Judiciary)

Would create crime of unlawful use of drones to collect information about critical infrastructure without permission. Bill is problematic in that it could criminalize the use of drones by citizens to monitor environmental compliance by pipelines, chemical companies, and others. KRC will discuss with sponsor.

SB 52 (McDaniel)(S. State Local Govt)

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

SB 56 (Webb)(S. Transp)

Would establish three-foot safe distance for vehicles overtaking bicycles.

SB 57 (P. Clark)(S.L&O)

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

SB 62 (McGarvey)(S. Judiciary)

Would exempt health savings accounts from execution, attachment and garnishment.

SB 63 (McGarvey)(S. Judiciary)

Would extend civil rights protections to include prohibition on discrimination because of sexual orientation and gender identity.

SB 68 (Neal)(S. Judiciary)

Would suspend death penalty executions pending the report of the Task Force on the Death Penalty.

SB 69 (Neal)(S. State Local Govt)

Would amend the Constitution of Kentucky to allow persons convicted of a felony (with some exceptions) the right to vote.

SB 71 (Neal)(S. Judiciary)

Would make unlawful requiring a job applicant to disclose his or her criminal history prior to making an offer of employment.

SB 76 (P. Clark)(S. L&O)

Would establish framework for regulation of growing and sale of cannabis.

SB 83 (Buford)(S. Nat Res Energy)

Would require Department of Fish and Wildlife Resources to undertake measures if deer and elk pose a significant risk to human safety from automobile accidents.

SB 88 (Seum)(S. State Local Govt)

Would remove the prohibition on incorporation of new cities in counties with consolidated local governments.

SB 107 (Stivers)(S. State Local Govt)

Would allow the Governor to remove and replace Board and Council appointees to comply with statutory proportional representation requirements or if Board or council is unable to perform duties.

SB 109 (McGarvey and Seum)

Would clarify powers of cities in counties with consolidated local government regarding exercise of home rule powers that don’t conflict with comprehensive land use plan.

Senate Resolutions

SR 2 (Thayer)

Rules of Senate for 2017 Regular Session

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