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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: 5th Edition!  Posted: March 8, 2017

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, complete through end of session March 8, 2017.

This year is a “short” session, and began on January 3, 2015. The Chambers reconvened on Tuesday, February 7, with a scheduled adjournment of March 30, 2017. The General Assembly has recessed until March 14, will meet for two “concurrence days,” and then recess until returning for two final days on March 29 and 30th.

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)(S. Rules)(-)

Would impose blatantly unconstitutional appeals bonds on of-right appeals of zoning decisions from Circuit Court to the Court of Appeals. Non-governmental parties who lose the appeal would have to forfeit the bond, whether the appeal was meritorious or not.

House-passed bill makes clear that the goal of the bill is to preclude even meritorious zoning appeals from going to the Court of Appeals.

HB 88 (Fischer)(H. Ag)(+)

Would require public notice by any state or local government entity proposing to apply pesticides in residential areas 48 hours before application, and to post information on the pesticide, projected area of application, and time and predicted duration of the application.

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.

HB 174 (Heath)(Became law)(-)

Would expand current law to allow vehicles transporting feed for livestock or poultry to exceed the axle weight provisions on non-interstate highways by 10%.

Also more than doubles the current allowance of 10% for farm trucks of 38,000 pounds or less, to include any motor vehicles hauling meat, agricultural crops, livestock and poultry, in trucks up to 80,000 pounds.

HB 184 (Miles and others)(S. Transp)(-)

Would expand current program allowing overweight haulage of steel and steel products 150 miles or less in the state, to include all “metals commodities” and to eliminate 150 mile-limit. KRC is concerned with increasing overweight haulage on public roads that are already in degraded condition, when the law was originally intended to allow haulage from manufacturing and storage facilities to transportation hubs.

HB 246 (Miller and Riggs)(S. 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. Would also direct the manner and qualifications of the 109 Board members, and would require legislative approval of the appointees, and would sunset all regulations of the 109 Board and require approval of the legislative body of each city or county in which it is intended to apply.

If a city in Metro Louisville wishes to opt out of the county solid waste management plan, it should be required to adopt and seek approval of its own solid waste management plan.

HB 332 (Wuchner, Fischer)(H. Rules)(-)

Would delay effective date of regulations with an impact of over $500,000 from taking effect until ratified by General Assembly.

KRC has posted testimony from the House State Government Committee on the KRC website. One sponsor filed floor amendment that does not cure the problem that existing regulations that are amended would become ineffective until ratified by the General Assembly.

HB 338 (Marzian)(H. Nat Res Energy)(+)

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

HB 340 (Kay)(H. A&R)(+)

Would create a qualified conservation contribution income tax credit for land conservation donations.

HB 455 (Harris and others)(H. Nat Res Energy)(+)

Bill intended to require the Public Service Commission to reconsider Kentucky Power rate case order.

HB 510 (Wayne)(H. Judiciary) (+)

Would reenact the Uniform Residential Landlord and Tenant Act and make it applicable statewide.

House Resolutions

HJR 56 (Webber and others)(S. Rules)(+)

Would direct Energy and Environment Cabinet to conduct study of privately owned and operated small wastewater treatment plants and to recommend measures to ensure the sustainability of such systems and to mitigate the impact of failure or abandonment of such facilities.

HR 110 (Hatton and others)(Adopted)(+)

Sense of the House condemning the April 28-29 Pike County rally of the Traditionalist Worker Party, the Nationalist Front, and the National Socialist Movement, and condemning any form of racism and intolerance.

HR 136 (Harris)(adopted)

Would urge Congress to enact the Miners Protection Act.

Senate Bills

SB 38 (Embry)(To Governor)(+)

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.

SB 157 (Jones)(S. Nat Res Energy)(+)

Would allow Public Service Commission to remove persons governing water districts for cause and allow Commission and Division of Water manage districts or redraw their boundaries to allow other districts to take over operation.

SB 167 (Jones)(S. Nat Res Energy)(-)

Would increase the membership of the Public Service Commission and provide for election of Commissioners rather than appointment. KRC has seen no evidence suggesting that direct election of Commissioners makes a Public Service Commission more responsive to the most vulnerable ratepayers.

SB 214 (Carpenter)(S. Nat Res Energy)(+/-)(Needs Significant Revision)

Would raise cap on net metering, but allow utilities to recover costs of service to net metering customers through discriminatory tariff without considering benefits provided by distributed generation.

Senator Carpenter indicated in Committee on March 1 that he was not comfortable moving forward with the bill, and that work will continue on the issue during the interim.

SB 215 (Smith, Stivers)(To House)(+)

Would create a Kentucky Coal Fields Endowment Fund to support efforts to diversify the economy of the coal fields.

SB 222 (Seum, Adams)(H. Local Govt)(posted)(-)

Would modify laws concerning Louisville’s governance to impose term limits on Mayor, to extend legislative powers over government functions. Scaled back from original bill that gave Governor appointment power over Mayor’s office and council seats.

SB 225 (Jones)(S. Nat Res Energy)(+/-)

Would allow ratepayers to petition Public Service Commission to rehear rate cases, and would make PSC Commissioners elected positions. KRC has seen no evidence suggesting that direct election of Commissioners makes a Public Service Commission more responsive to the most vulnerable ratepayers.

SB 248 (Carpenter)(H. Rules)(+)

Would amend definitions of NORM and TENORM to align them with commonly-accepted definitions of the terms, and to facilitate adoption of regulations addressing oil and gas-related TENORM.

SB 249 (Carpenter)(H. Rules)(+/-)

Reorganization of Energy and Environment Cabinet would eliminate the Environmental Quality Commission, decouple Center for Renewable Energy Research and Environmental Stewardship from the Cabinet, provide appeal rights for dam owner denied a variance request; eliminate Kentucky Forest Products Council; increase efficiency of fee collection for water discharge permits; adds operator to persons responsible for residential on-site sewage systems; eliminates advisory Mining Board to transfers functions to Mine Safety Review Commission; eliminates provision requiring consultation prior to development of groundwater regulations; eliminates Environmental Trust Fund that was established to fund research; eliminates Kentucky Recycling and Marketing Assistance program and advisory committee; eliminates noise control program (including prohibition on tampering with vehicle mufflers to increase noise); eliminate Solid Waste Management Legislative Task Force; eliminate Newsprint Recycling Task Force; eliminate technical and financial assistance program for development of local solid waste management plans; would eliminate Regional Integrated Hazardous Waste Siting Board and process for siting regional integrated hazardous waste facility; eliminate advisory committee for agricultural chemical and chemical container disposal; eliminates office of special mining investigation; eliminates Small Coal Operators Advisory Council; eliminates redundant regulation review provision for coal regulations; eliminates former bond pool administrator position; eliminates Mine Safety Review Commission and Mine Equipment Review Panel; eliminates prohibition of coercion of trade of miners.

KRC had a concern regarding a proposed revision eliminating all provisions related to excess noise. Committee substitute reinstated provision that KRC was concerned should not have been deleted.

The provisions of this bill eliminating the Environmental Quality Commission, after 44 years of existence, represent a sad day for the Commonwealth. Once a robust, open forum for citizens to interact with the Energy and Environment Cabinet, the Commission had been hobbled in recent years due to lack of funding and lack of appreciation by successive Governors of the value of public input of a non-regulatory nature. KRC recognizes and appreciates the many citizens who over many years, gave of their time and talents to create a public forum on environmental issues.

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.

SR 76(Jones and others)(Adopted)(+)

Would condemn the April 27-28, 2017 rally in Pike County by the Traditional Worker Party, the Nationalist Front, and the National Socialist Movement, and would condemn any form of racism and intolerance.

SR 122 (Ridley)(S. Nat Res Energy)(+)

Simple resolution to urge Congress to pass Miners Protection Act.

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

House Bills

HB 1 (Hoover)(Became Law)

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)(Became Law)

Would repeal the prevailing wage.

HB 21 (Nelson)(H. A&R)

Would create various economic incentives within the “promise zone” counties of Bell, Clay, Harlan, Knox, Leslie, Letcher, Perry and Whitley, to encourage employers and certain employees to locate or remain there. HB 44, sponsored by Rep. Jill York, is similar, but expands the number of “promise zone” counties to cover more eastern Kentucky counties.

HB 28 (Wayne)(H. Local Govt)(posted)

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)(To Governor)

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 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)(To Governor)

Would impose 7-year sunset on regulations and establish a requirement that each agency amend or renew the regulations that an agency doesn’t want to expire. Committee Substitute will allow existing regulations to remain in effect upon filing of a certification every 7 years; addressing KRC’s concerns with the burden that the bill would put on already-strapped agencies. Thanks to the sponsor for working out the issues KRC was concerned with.

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)(To Governor)

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)

Withdrawn

HB 122 (Bunch)(S. Transp)

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

HB 150 (Riggs)(H. State Govt)

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)(S. Rules)

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)(H. Elections)

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

HB 160 (Koenig and others)(H. Elections)

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

HB 165 (DuPlessis)(H. A&R)

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)(H. Local Govt)

Would create process by which counties could voluntarily consolidate.

HB 168 (Rowland and others)(H. A&R)

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)(H. Elections)

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

HB 175 (Jenkins)(H. Elections)

Would revise campaign finance laws regarding loans made by candidates, requiring repayment within 1 year.

HB 177 (DeCesare)(S. Transp)

Would amend current law regarding idling unattended vehicle, imposing 15 minute cap and requiring all doors be locked.

HB 178 (Overly and Keene)(H. Eco. Dev)

Would increase the minimum wage over time to $15.00 for employers with annual gross sales of over $500,000 during last 5 years.

HB 179 (Overly and Flood)(H. Eco. Dev)

Would expand wage discrimination prohibitions for equivalent jobs based on race or national origin.

HB 181 (Gooch)(H. Nat Res Energy)(posted)

Would create new Section of KRS Chapter 96 governing the creation and operation of municipal power agencies comprised of two or more municipal electric utilities.

HB 187 (Nelson)(H. Tourism)

Would modify the manner in which drawings are held for elk hunting permits.

HB 188 (Nelson)(H. Tourism)

Would modify disabled combination hunting and fishing licenses to add as eligible retire first responders at least 50% disabled.

HB 189 (DeCesare and Westrom)(To Governor)

Would revise manner in which Executive Directors of Area Development Districts are selected.

HB 194 (Harris)(H. State Govt)

Would modify Open Records Act to include as a “public agency” any body deriving at least 25% of its funds if those funds are derived from a public agency to pay for services performed by that agency relating to listed public functions such as utility, wastewater, and solid waste management.

HB 201 (Cantrell)(H. Eco. Dev)

Would allow local governments to enact ordinances requiring a greater minimum wage than that established by state law.

HB 202 (Fleming and others)

Withdrawn

HB 210 (Cantrell)(H. Transp)

Would preclude use of headphones and headsets and other listening devices that cover both ears while operating a motor vehicle.

HB 214 (Reed and others)(H. A&R)

Would create state tax credit for donations of edible agricultural products by Kentucky producers.

HB 217 (Richards)(H. State Govt)

Bill codifying Executive Order reorganizing office of Secretary of State.

HB 218 (Richards)(H. Local Govt)(posted)

Would modify existing laws to codify aspects of the uniform law on notarial acts regarding notary publics to, among other things, allow for notarial acts with respect to electronic records.

HB 220 (Benvenuti)(H. State Govt)

Would prohibit the General Assembly from exempting any state agency or itself from any general law applicable to the general public or businesses in the Commonwealth.

HB 226 (Wuchner and Prunty)(To House for concurrence)

Would codify Executive Order reorganizing several departments and offices within the Cabinet for Health and Family Services.

HB 234 (Gooch and Miles)(S. Rules)

Would eliminate current requirement that “shadow” areas overlying underground coal mines be permitted. Current law requires that areas to be permitted, but not bonded nor subject to payment of a permit fee. Federal law does not require shadow areas to be permitted. Sponsor agreed to technical amendment sought by KRC.

HB 235 (D. Johnson)(H. Judiciary)

Would restrict ability of local governments to adopt ordinances or policies impeding communication of information to federal agencies, and requiring that each local law enforcement officer cooperate with federal immigration laws. Intended to preclude “sanctuary” cities.

HB 237 (Pratt and others)(To Governor)

Establishes liability protection for those nonprofits distributing donated food unless the food is not apparently wholesome or apparently fit, absent intentional misconduct.

HB 243 (Moffett)(H. Tourism)

Would define “notice against trespass” for purposes of criminal trespass, to mean in addition to fencing or other enclosure, a distinct marking on trees and written notice.

HB 251 (Nemes and others)(H. Judiciary)

Would abolish the death penalty and convert existing death sentences to life imprisonment without possibility of parole.

HB 259 (McCoy)(H. Ag)

Would include as agricultural use for purposes of zoning exemptions, production of Kentucky-Proud handcrafted functional or decorative products (such as wood, clay, and fiber products) on agriculturally-zoned lands of 5 or more acres.

HB 260 (Nemes and Cantrell)(H. Eco Dev)(posted)

Would include in civil rights protections requirement for reasonable accommodations for pregnancy, childbirth, and related medical conditions.

HB 265 (Thomas and Dossett)(To Governor)

Would define “nondivisible loads” for purposes of overweight vehicle laws.

HB 267 (Kay)(H. Elections)

Proposed constitutional amendment to set term limits on state representatives and senators.

HB 276 (Moffett)(S. Rules)

Would abolish a score or more of inactive boards and commissions.

HB 281 (Nemes)(S. Judiciary)

Would amend existing law to provide limits and additional accountability in personal service contracts for legal services, entered into by the Attorney General’s office, and to be paid by contingency fees.

HB 282 (Petrie)(S. Rules)(consent)

Would codify executive order reorganizing Justice and Public Safety Cabinet.

HB 286 (Kay and Meyer)(H. State Govt)

Would eliminate retirement benefits for state legislators taking office after January 1, 2018.

HB 287 (Kay and Meyer)(H. State Govt)

Would eliminate retirement benefits in state employee retirement system for state officers and political appointees as of December 1, 2019.

HB 291 (St. Onge)(S. Judiciary)

Would prescribe permitted and prohibited uses of drones and clarify criminal liability for offenses committed using a drone.

HB 293 (Rothenburger)(S. Rules)

Would codify executive order reorganizing Labor Cabinet.

HB 309 (Prunty and others)(S. Rules)(consent)

Would provide residential tenants holding domestic violence or protective orders to terminate leases as to that tenant with 30 days’ notice and authorize recovery of financial losses to landlord from the person restrained by the order.

HB 310 (Jenkins and others)(S. State Local Govt)

Would clarify existing laws concerning acquisition of blighted properties by land bank authorities.

HB 317 (Miles and York)(H. Transp)

Would add $100 cost to registration fee on plug-in electric vehicles.

HB 318 (Meredith)(To House for concurrence)

Would allow for appointments and service of notices of violation by local code enforcement boards operating under interlocal agreements.

HB 320 (Owens)(H. Banking)

Would amend laws governing payday loans to increase consumer protection and to cap interest rate at 36%.

HB 321 (Owens)(H. Judiciary)

Would increase penalties for violations of payday lending laws.

HB 322 (Jenkins)(H. Elections)

Would eliminate straight-party voting as an option in general elections.

HB 323 (Benvenuti, Reed)(S. Nat Res Energy)

Would require Department of Fish and Wildlife to offer hunting and fishing licenses to active duty military at same cost as to Kentucky residents.

HB 326 (Wells)(H. Elections)

Constitutional amendment would impose term limits on legislative offices.

HB 327 (Marzian)(H. State Govt)

Would amend laws to bar discrimination based on sexual orientation and gender identity.

HB 328 (Owens)(H. Judiciary)

Would expand list of offenses eligible for expungement.

HB 335 (Marzian)(H. Ed)

Would require school codes to be modified to prohibit bullying.

HB 339 (Nemes and Sims)(H. A&R)

Would create income tax credit for donation of apparently wholesome foods.

HB 353 (Moffett)(H. Elections)

Would take the sense of the Commonwealth regarding a state constitutional convention.

HB 355 (Koenig, Kay)(H. A&R)

Would create an affordable housing tax credit for income and insurance taxes for qualified projects.

HB 360 (Miles, DeCesare)(S. Rules)

Original bill would have revised definition of agricultural use for purposes of zoning exemption, to include properties of at least 5 acres devoted to agritourism activity. Substitute passed House removed reference to zoning exemption and instead exempted buildings from seismic and other building code requirements.

HB 363 (Miles)(H. A&R)

Would amend severance tax laws to exclude the act of loading or unloading minerals other than limestone mined out of state, and to allow for a credit for substantially similar taxes paid elsewhere.

HB 369 (St. Onge)(H. Rules)

Attempts to cap liabilities of corporations succeeding to companies with asbestos-related liabilities.

HB 373 (Miller)(H. Elections)

Proposed constitutional amendment to allow casino gambling.

HB 384 (Benvenuti)(S. Rules)

Original bill would have reduced frequency of mine inspections for underground mines, and was opposed by KRC. Floor amendment adopted by House replaces original text with discretion for Commissioner of Department for Natural Resources to replace up to 3 of the 6 required inspections of underground mines with mine safety analysis visits.

HB 386 (Kay)(H. Elections)

Would create a Legislative Reapportionment and Redistricting Commission.

HB 390 (Prunty)(S. Rules, recommitted)

Would codify executive order reorganizing the Kentucky Arts Council.

HB 392 (Rothenburger)(H. Rules)(consent)

Would amend KRS Chapter 100 to require zoning compliance for non-baseload generation facilities of under 10 mW. Likely intended to require community solar arrays such as that proposed for Shelby County to have zoning review.

HB 395 (Elliott)(S. Rules)(consent)

Would codify executive order reorganizing Finance and Administration Cabinet.

HB 398 (Wayne and Marzian)(H. Elections)

Would create framework for public financing of political campaigns.

HB 421 (Wells)(H. State Govt)

Would allow any legislator to object to any regulation reviewed by the Administrative Regulation Review Subcommittee during previous year and to require the Legislative Research Commission to refer that regulation back to the interim joint committee with jurisdiction, for additional consideration. Adds an unnecessary additional step to regulation process since the interim joint committee has by definition already reviewed the regulation once.

HB 437 (Sinnette)(H. Tourism)

Would establish standards for marina and boat dock owners to prevent electrical shocks.

HB 438 (Sinnette)(H. Nat Res Energy)

Would create formula for allocation of carbon dioxide emissions allowances under Clean Power Plan.

HB 439 (Sinnette)(H. State Govt)

Will standardize the manner in which state agencies compute time.

HB 442 (Sinnette)(H. Tourism)

Would establish a disabled hunter postseason elk hunt.

HB 448 (Johnson)(S. Ag)

Would align state industrial hemp definitions with federal counterparts.

HB 464 (Hoover)(H. State Govt)

Would require Attorney General to argue for the constitutionality of all duly-enacted legislation.

HB 475 (Wells)(H. State Govt)

Would allow each member of the General Assembly to have at least one bill of his choice heard on the House or Senate floor.

HB 479 (Rothenburger)(H. Local Govt)

Would remove the 1% cap on license fees for counties with a population of less than 300,000.

HB 480 (Jenkins)(H. Judiciary)

Would create a new offense of sexual assault on animals, and exempt veterinary and animal husbandry practices and artificial insemination of animals.

HB 486 (Rand)(H. State Govt)

Bill confirms reorganization of Office of Attorney General.

HB 487 (Owens)(H. Sm Bus)

Would require broadband providers to retain certain records regarding cellular phone communications.

HB 495 (York, Bunch)(H. Rules)

Would require elementary schools to teach cursive writing.

HB 500 (Bechler)(H. State Govt)

Would requires all laws enacted by the General Assembly to expire six years from their effective dates.

HB 501 (Bechler)(H. Judiciary)

Would require local law enforcement agencies and state police to enforce immigration laws, prohibit local governments from adopting sanctuary policies, and prohibit colleges from enrolling or hiring undocumented persons.

HB 505 (Kay)(H. Nat Res Energy)

Would prohibit utilities from charging single-family farms (with less than 5 employees) a rate for electric service that exceeds that for residential ratepayers.

HB 508 (Schell)(H. Nat Res Energy)

A “mule” bill making several nonsubstantive revisions to statute directing how the Soil and Water Conservation Commission Director is chosen. Could become vehicle for substantive changes to the Commission.

HB 525 (Hoover)(S. Judiciary)

Would create a citizens commission on judicial compensation to make recommendations on judicial salaries.

House Resolutions

HJR 8 (Bratcher)(H. State Govt)

Withdrawn

HR 9 (Couch)(Adopted)

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

HR 11 (Riggs)(Adopted)

Simple resolution would 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, reassigned to H. Elections)(posted)

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

HCR 27 (Koenig)(H. Transp)

Would create a task force to study mileage-based transportation funding.

HR 28 (Hatton)(H. Nat Res Energy)

Urge Congress to lift restrictions on coal industry.

HCR 46 (Marzian)(H. Elections)

Would call on Congress to propose constitutional amendment authorizing federal and state legislation to establish reasonable limits on campaign spending.

HJR 54 (DeCesare and Couch)(H. Elections)(posted)

Joint resolution asking Congress to call constitutional convention to require a balanced budget and to limit the powers of federal government.

HR 87 (Overly)(H. Elections)

Would urge Congress to propose an amendment to allow establishment of limits on contributions to political campaigns.

HCR 127 (Moore and Webber)(H. Ed)

Would encourage Jefferson County School Board to reconsider adopting a sanctuary or safe haven policy as it relates to immigration status.

HCR 159 (Osborne, Greer)(H. Local Govt)(posted)

Would create a Louisville/Jefferson Metropolitan Regional Caucus

Senate Bills

SB 4 (Alvarado and others)(To Governor)

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

SB 6 (Stivers)(Became Law)

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 10 (Hornback)(To Governor)

ATT bill would remove carve-out protections for smaller phone exchanges and complete the deregulation of ATT’s retail services.

SB 11 (D. Carroll)(H. Rules)

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. Sponsor agreed to include language drafted by KRC to assure full-cost accounting for any proposed plant certificate of need.

SB 12 (Alvarado)(Became Law)

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 19 (Alvarado)(H. B&I)(posted)

Would require consumer reporting agencies to place a security freeze on the records of any person under 16 years of age or is incapacitated or under the care of a guardian or conservator.

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)(H. 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)(H. B&I)(posted)

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)(H. Rules)

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 99 (Alvarado)(H. Judiciary)(Posted)

Bill clarifying dog ownership.

SB 107 (Stivers)(H. Rules)

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)(S. State Local Govt)

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.

SB 121 (Seum)(S. Nat Res Energy)

Would require PSC-regulated or municipal electric utilities seeking to replace existing electric meters with “smart meters” to first notify customers, who may opt out. Appears to intend to exempt such customers from costs of smart meters, but existing language is unclear.

SB 130 (Humphries)(S. A&R)

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.

SB 131 (Neal and others)(S. Judiciary)

Would abolish the death penalty and convert existing death sentences to life imprisonment without parole.

SB 134 (Neal)(S. Judiciary)

Would increase juror pay to $15/day with $25/day for expense reimbursement.

SB 139 (Webb)(H. Rules)(consent)

Amends various statutes to include definition of livestock as including “cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species.”

SB 143 (Jones)(S. State Local Gov)

Would require candidates for statewide office to file 3 years of income tax returns with Registry of Election Finance.

SB 152 (Schickel and others)(S. State Local Gov)

Would reduce legislative ethics training from 3 hours to 30 minutes, and repeal requirement for legislator sexual and workplace harassment training.

SB 162 (Girdler)(S. State Local Govt)

Would codify executive order reorganizing Personnel Cabinet.

SB 166 (Jones, Ridley)(S. State Local Govt)

Proposed constitutional amendment would create term limits on Senators and Representatives.

SB 171 (Jones)(S. State Local Govt)

Would amend executive branch ethics law to prohibit former officers from acting as lobbyists for 2 years after leaving office.

SB 172 (Kerr)(S. Judiciary)

Would modify anti-discrimination law to include pregnancy and childbirth, and related medical conditions.

SB 177 (Girdler)(H. Rules)

Would codify executive order reorganizing Personnel Cabinet.

SB 183 (Carpenter)(H. Rules)(consent)

Would codify executive order reorganizing Public Service Commission.

SB 187 (Wise)(S. Rules)

Would eliminate requirement for General Assembly authorization of capital projects using private-public partnership.

SB 188 (Hornback)(H. Local Gov)(posted)

Would bar General Assembly from imposing non-federal mandates on cities that require taxes or levies unless the mandates are either state-funded or are accepted by the cities.

SB 198 (Thayer)(S. Nat Res Energy)

Purportedly a bill making technical corrections in statutes providing for Soil and Water Conservation Commission – could become vehicle for eliminating the Commission entirely.

SB 204 (McGarvey and Adams)(S. State Local Govt)

Proposed constitutional amendment to allow casino gambling.

SB 213 (West)(S. L & O)

Would exempt greenhouses from building codes.

SB 221 (Carpenter)(S. A&R)

Would revise collection and allocation of restaurant taxes for cities and merged governments to support local tourism and economic development.

SB 251 (McGarvey)(S. State Local Govt)

Would amend Kentucky Constitution to impose term limits on legislators; automatically restore voting rights to certain felons; and extend hours for voting.

SB 253 (McGarvey)(S. State Local Govt)

Would require candidates for President to file 3 years of income tax returns to be on Kentucky ballot.

Senate Resolutions

SR 2 (Thayer)

Rules of Senate for 2017 Regular Session

SCR 119 (Neal)(S. Veterans)

Would create a task force on local governments and gun violence to study and make recommendations on changes in Kentucky law to allow local government control of firearms and ammo.

SCR 143 (Buford)(S. Judiciary)

Withdrawn

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