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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

2018 General Assembly Regular Session: Bills We’re Watching: Second Edition  Posted: January 19, 2018

This list profiles the environmental, conservation, energy, consumer and general government bills that the Kentucky Resources Council is supporting, opposing, and tracking during the 2018 General Assembly Regular Session, complete through end of day January 19, 2018. This year is a “long” session, and began on January 2, 2018, with a scheduled adjournment of April 13.

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 2018 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, Occupations And Adm. Regulations 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

HB 9 (Fleming, Moser)(H. State Govt)(+)

Would prohibit harassment or sexual harassment by legislators or lobbyists of legislative branch employees; establish tip line; provide for investigation of complaints received.

HB 10 (Imes)(H. Rules, recommitted to H. Elections)(-)

Propose constitutional amendment to give legislative committees veto power over administrative regulations. KRC testified in the House Committee against the bill, noting that only 26 regulations since 2000 went into effect notwithstanding a legislative committee finding of “deficiency.” The bill is a solution in search of a problem, and would diminish the roles of each branch of government. KRC’s testimony is on the website, www.kyrc.org

HB 27 (Harris and others)(H. Nat Res Energy)(+)

Bill intended to require the Public Service Commission to reconsider 2015 Kentucky Power rate case order.

HB 45 (Santoro)(H. Transp)(-)

Would impose an additional registration fee of between $50 and $150 on hybrid and electric vehicles to be paid into road fund; fee would be adjusted as gasoline tax increases or decreases. KRC does not disagree that all highway users should pay fairly for use, but believes that the entire formula for funding highways should be revisited as is proposed by Representative Koenig in HCR 18.

HB 53 (Morgan)(H. Judiciary)(-)

Would immunize from liability a motor vehicle operator who negligently injures or kills any person who obstructs traffic during a protest or march for which no permit has been granted. The bill is clearly unconstitutional.

HR 5 (Harris and others)(H. Nat Res Energy)(+)

Simple resolution urging Public Service Commission to revisit rates and charges approved for Kentucky Power.

HR 36 (Gooch and others)(+)

Simple resolution honoring the 2017 top five energy-efficient school districts in the Commonwealth.

HJR 81 (Huff)(H. Elections)(-)

Joint resolution would apply to Congress call a constitutional convention to require a balanced budget and to limit the powers of federal government. Scholars doubt that such a convention could be limited to certain topics.

SB 2 (Alvarado)(S. State Local Govt)(-)

Proposed constitutional amendment would allow General Assembly to set limits on wrongful death and personal injury actions and to establish uniform statutes of limitations and repose for such actions.

SB 82 (Wilson)(S. State Local Govt)(-)

Would prohibit local government regulation of single-use containers and plastic bags used for retail or food/beverage use. Language is unclear on whether a local ban on using plastic bags for compost would potentially be affected. Matters such as this should be reserved to local communities.

SR 103 (Carpenter and others)

Simple resolution honoring the top five energy-efficient school districts in Kentucky for 2017.

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

House Bills

HB 22 (St. Onge)(S. Judiciary)

Would create a new crime of drone harassment and establish rules for uses of drones.

HB 23 (Imes)(H. Rules, recommitted to H. Elections)

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

HB 24 (Donohue)(H. Transp)

Would require two individuals on any train or light engine moving freight.

HB 26 (Miles, Nemes)(H. A&R)

Would amend definition of processing in the severance tax laws to include loading and unloading in Kentucky of limestone mined out of state and provide credit for minerals taxed by other states; also provides access to certain records related to oil and gas and mineral production and taxation.

HB 31 (Wayne)(H. Judiciary)

Would create a Class B misdemeanor of unlawful storage of a firearm, defined as storage in a manner that allows a minor to access a firearm lacking a trigger lock. Would become Class A misdemeanor if used by minor to inflict injury.

HB 33 (Miller)(H. Transp)

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

HB 34 (Nelson)(H. Nat Res Energy)

Would place a cap on the amount that a PSC-regulated electric utility can bill for a basic service charge to no more than 10% of total bill.

HB 43 (Nemes)(H. Judiciary)

Would accompany proposed constitutional amendment to provide for appointment rather than election of appellate judges, providing for appointment by Governor of appellate judges and then a “retention election” for any Supreme Court and Court of Appeals Judges seeking a second term, and provide that Governor shall appoint them from a list of three provided by judicial nominating commission.

HB 44 (Nemes)(H. Elections)

Proposed constitutional amendment providing for appointed, rather than elected, appellate court judges in Kentucky courts.

HB 46 (Fischer, Rowland)(H. B&I, posted)

Would allow for security freezes to be requested by consumers on their consumer reports, requiring that the consumer specifically authorize access to the report by any third party.

HB 49 (Nemes)(To Senate)

Would modify grounds for personal jurisdiction in Kentucky Courts to any party on “any basis consistent with the Kentucky Constitution and the Constitution of the United States” rather than listing specific bases on which such jurisdiction can be asserted.

HB 50 (Nemes)(H. L&O, posted)

Would require that all agencies review their occupational licensing regulations every 5 years and establish a process to petition an agency to repeal or modify an occupational licensing regulation.

HB 52 (Huff)(H. Transp)

Would require helmet use by children under age 12 when riding bicycles.

HB 54 (C. Morgan)(H. State Govt)

Would create a “Committee on Kentucky Monument Protection” to govern the location, relocation, removal, alteration, renaming or otherwise “disturbing” any architecturally significant building, memorial building, memorial school, memorial street, or monument on public property.

HB 57 (K. 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 59 (Watkins)(H. Sm Bus)

Would prohibit marketing, sharing or selling of consumer’s wireless phone number without consent.

HB 66 (Scott, Meeks)(H. Judiciary)

Would create new investigative board for officer-involved shootings or deadly incidents.

HB 72 (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 73 (DuPlessis)(H. Elections, posted)

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

HB 76 (Moffett, Morgan)(H. Elections, posted)

Would, if enacted by this and the next legislative session, call for a vote by the public as to whether a convention should be called to consider amendments to the Kentucky Constitution (other than Sections 1-26).

HB 77 (Moffett)(H. Rules)

Would define how notice is given in criminal trespass cases (i.e. by purple paint and by written posted notice).

HB 78 (Kay)(H. State Govt)

Bill proposes comprehensive revisions to Executive Branch Ethics Commission and to rules governing relationship of public servants and contractors.

HB 87 (Moffett)(H. Local Govt)

Would extend standing to challenge annexation, to property owners, residents, or voters in a county election precinct wholly or partially in the area being annexed.

HB 89 (Wayne)(H. Local Govt)

Would amend zoning statutes to clarify that a city in a county with consolidated local government (i.e. Metro Louisville) that cannot enact zoning ordinances (i.e. having a population of less than 3,000) may nevertheless legislate on matters such as nuisance abatement, business licensing, building permits, code enforcement, and other public purposes that don’t conflict with the uses of property permitted by the county comprehensive land use plan.

HB 90 (Donohue)(H. A&R)

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

HB 98 (Cantrell, Nemes)(H. Elections)

Would replace Metro Council appointment of replacement member in case of death, resignation, or removal, with special election within 60 days of event.

HB 106 (Reed)(H. Tourism)

Would create a new fish and wildlife combination license for volunteer firefighters.

HB 114 (Rowland and others)(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 118 (McCoy)(H. Ed)

Would raise compulsory attendance age for public school to 18 from 16.

HB 121 (McCoy)(H. A&R)

Would exempt from sales tax equipment used in raising bees, and would also, similarly to HB 26, revise the revenue laws with respect to disclosure on request of certain statistical information on natural resources production and tax information.

HB 125 (Koenig and others)(H. Local Govt)

Outlines process for voluntary consolidation of counties.

HB 128 (Carney and Marzian)(H. Ed)

Would require public schools to include instruction on the holocaust and other acts of genocide, in the curriculum.

HB 130 (Upchurch and others)(H. Rules with committee sub)

Would extend to 60 from the current 30 days, the time for committee review of administrative regulations after referral from LRC and the initial committee.

HB 137 (Koenig and others)(H. Elections)

Proposed constitutional amendment would allow counties to abolish or eliminate job responsibilities for constables.

HB 138 (Koenig)(H. Local Govt, posted)

Would allow joint city-county boards of adjustment.

HB 140 (Hale and others)(H. Tourism, posted)

Would include conservation officers as local police officers subject to training requirements, and would mandate a salary supplement be paid from game and fish revenues equal to that paid other local officers from Law Enforcement Foundation program funds.

HB 145 (Rothenburger)(H. Local Govt, posted)

Would subject to local zoning, the siting of “generation facilities under ten (10) megawatts that are not required for baseload operation.” Bill is intended to allow exercise of zoning power with respect to LGE solar array in Shelby County that is now exempt from local zoning.

HB 146 (Hale)(S. Ag)

Bill ratifying executive order reorganizing Department of Agriculture.

HB 149 (Prunty)(H. Transp)

Would prohibit use of a cell phone to take, send or view photos or videos of an accident scene unless on official business or involved in the accident.

HB 150 (Dossett)(To Senate)

Would rename the “Surplus Agricultural Commodities Advisory Committee” to the “Farms to Foodbanks” Advisory Committee.

HB 151 (Moore)(H. State Govt)

Would prevent naming of any public building or program after a living constitutional officer, judge, or member of the general assembly, until 5 years after they leave office.

HB 153 (Heath and others)(To Senate)

Would allow vehicles transporting livestock or poultry feed to exceed weight limits by 10% except on the interstate system. Expands current allowance for livestock, poultry, and forest products.

HB 154 (Wells)(H. State Govt)

Would require annual reporting by Administrative Regulations Compiler of the disposition of each administrative regulation reviewed that year, and would require co-chairs of review subcommittee to file resolution asking for concurrence with those findings. Would allow any member to object to inclusion of a particular regulation, in which case regulation would again be referred to interim joint committee to invite testimony about the regulation and to call for a new analysis and fiscal note.

HB 155 (McCoy and others)(H. Judiciary)

Would abolish the death penalty and convert all such sentences to life without possibility of probation or parole.

HB 157 (Imes)(H. Elections, posted)

Would include minor political party executive committees within the scope of provisions of “caucus campaign committee” for purposes of election campaign reporting and limits.

HB 163 (Wells)(H. Elections)

Proposed constitutional amendment establishing term limits for state House and Senate offices.

HB 166 (Sims and Gentry)(H. Judiciary)

Bill would legalize and regulate medical cannabis for qualifying patients.

HB 174 (Castlen and Heath)(H. Ag)

Would revise statutes governing livestock, poultry and fish disease control.

HB 179 (Scott and others)(H. Elections)

Would place on ballot the question of whether voters favor repeal the Kentucky same-sex marriage constitutional amendment.

HB 180 (Scott and others)(H. Ed)

Would repeal charter school authorization statutes enacted during 2017 session.

HB 188 (Meeks and others)(H. B&I)

Would allow for free security freezes and other consumer protections in the event of a security breach, and would require encryption of consumer file electronic data.

HB 189 (Meeks and others)(H. Local Gov t)

Would allow certain cities to enact local legislation related to fireams and ammunition.

HB 195 (Marzian)(H. Judiciary)

Would extend protections against discrimination to include sexual orientation and gender identity.

HB 196 (Marzian and others)(H. Nat Res Energy)

Would create requirement for electric utilities to develop energy-efficiency and renewable energy portfolios.

HB 197 (Kay and others)(H. H&FS)

Would require employers of 50 or more to offer six weeks of paid maternity leave to employees of at least one year.

HB 198 (Nemes)(H. Judiciary)

Would establish standards and rules for awards of contingency fee personal service legal services contracts by the Attorney General’s office.

HB 200 (Rudy)(H. A&R)

Governor’s Executive Branch Budget for 2018-2020.

HB 201 (Rudy)(H. A&R)

Governor’s Transportation Cabinet Budget for 2018-2020.

HB 202 (Rudy)(H. A&R)

Governor’s 2018-2020 Biennial Road Plan.

HB 203 (Rudy) (H. A&R)

2018-2020 Judicial Branch Budget Bill.

HB 205 (Nelson)(H. Ed)

Would repeal statutes regarding charter schools passed in 2017.

HB 212 (Graham)

Would provide for security freezes for protected persons by the consumer reporting agency and prohibit consumer reporting agencies from charging a fee for the placement or removal of a security freeze.

HB 215 (Tipton)

Would require a government or education-issued picture ID for voter identification to election officers.

HB 216 (Petrie)

Would exempt deliberations of selection committees on award of state contracts from open meetings requirements. As Justice Brandeis said, daylight is the best disinfectant.

HB 221 (Miles and others)

Would expand definition of “metal commodities to include recyclable material used in the production of products by metal processors.

HB 222 (Miles)

Would waive sovereign immunity of Department of Fish and Wildlife Resources with respect to any damages claim from adjacent landowner due to operations of commission-managed lands, with venue in Circuit Court of county in which lands are located.

House Resolutions

HR 2 (Osborne)(adopted)

Rules and Procedures for 2018 House of Representatives Regular Session. Rules and procedures were modified in HR 56, adopted on January 10.

HCR 7 (Reed)(S. Nat Res Energy)

Concurrent resolution would urge US Fish and Wildlife Service to issue more permits to allow Kentucky farmers to legally kill black vultures that are “depradating” their livestock.

HCR 9 (Brown, Meeks)(H. Elections)

Concurrent resolution urging Congress to encourage all state and local governments to participate in the Local Update to Census Addresses and to extend the deadline for applications to participate in the LUCA program.

HJR 16 (Rudy)(H. Tourism, posted)

Would make the Mallard the official state game waterfowl.

HCR 18 (Koenig)(H. Transp)

Would create a task force to study and develop a mileage-based transportation funding mechanism to replace the current system of motor vehicle fuel taxes.

HR 49 (York and Gooch)(H. Elections)

Simple resolution would urge Congress to support bills streamlining review process for energy infrastructure projects and feasibility of development of an ethane storage and distribution hub in the central Appalachian region.

HJR 74 (Rudy)(H. Transp)

Joint Resolution adopting the out-years of six-year road plan.

Senate Bills

SB 4 (McDaniel)(H. Elections)

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

SB 8 (D. Carroll)(H. Judiciary)

Would provide civil immunity from damage to vehicle for person entering with reasonable good-faith belief that dog or cat is in immediate danger of death if not removed.

SB 9 (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 11 (McGarvey)(S. Nat Res Energy)

Would require written approval by customer for any telecommunications of internet service provider to collect personally identifiable information from a customer; create penalty for violation.

SB 14 (Thomas)(S. State Local Govt)

Would allow for in-person early voting in elections.

SB 17 (Thomas)(S. A&R)

Would increase the minimum wage gradually to $15 by 2025.

SB 24 (McGarvey)(S. Judiciary)

Similar to SB 8, would provide civil immunity from damage to vehicle for person entering with reasonable good-faith belief that dog or cat is in immediate danger of death if not removed.

SB 33 (McGarvey)(S. B&I)

Would allow for free security freezes and other consumer protections in the event of a security breach, and would require encryption of consumer file electronic data.

SB 42 (Webb)(S. Nat Res Energy)

Would make unlawful tracking or hunting of wildlife with drones, and also make unlawful the video surveillance of anyone engaged in lawful hunting or fishing.

SB 54 (Neal)(S. Judiciary)

Would abolish the death penalty and replace it with life without the possibility of parole or probation.

SB 57 (Wise)(S. Judiciary)

Would create new civil action for damages from terrorism and a new criminal offense of terrorism.

SB 72 (Wise and others)(S. State Local Govt)

Would prohibit naming any state building or property for any living current or former constitutional officer, member of the General Assembly, Judge, or state employee.

SB 80 (Seum)

Would legalize and regulate cannabis.

SB 87 (Seum)(S. Judiciary)

Would double, to $10 and $15 respectively, compensation and expense payments for jury duty.

Senate Resolutions

SR 2 (Thayer)(adopted)

Senate Rules of Procedure for 2018 Regular Session.
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