2009 General Assembly Regular Session: Bills We're Watching / Week 1

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2009 General Assembly Regular Session: Bills We're Watching / Week 1  Posted: January 9, 2009
2009 REGULAR SESSION: Bills We?ll Be Watching: First Edition

This list profiles the environmental, conservation, consumer and general government bills that will be tracked by the Council during the 2009 session. This is the first of many updates, covering the 2009 legislative session, which began on January 8 and continues until April 15. This list will be updated at least weekly starting with an edition on February 6, which is the end of the next legislative week. The General Assembly has adjourned until February 3.

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!)


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.


For a copy of any bill, or to check the status of the bill, to track which committee it has been assigned to for hearing, and other legislative information, visit the Legislature's Homepage at http://www.lrc.ky.gov/legislation.htm

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 starting February 3 is 1-866-840-2835.


Did you know that for a single fax to 502-564-6543, you can reach all of the legislators that you want to contact? You can send a faxed letter, for example, to all Senators and Representatives by listing their individual names on a cover sheet and asking that each get a copy of your letter. The good folks at the LRC fax room will copy your fax and distribute it to all that you list (the recipients must be listed by name.) The LRC web page has a list of all legislators and all committee members.

To email all legislators with one email, send your email to Legislators2009@lrc.ky.gov.

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. 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.

Senate Bills

SB 6 (Stine) (S. Education)

Would require Kentucky Board of Education to adopt regulations requiring all public preschool through eighth grade programs to implement, no later than the 2008-2009 school year, 30 minutes per day or 150 minutes per week of structured moderate-to-vigorous physical activity.

SB 7 (Tapp and Seum)(S. Transportation)

Would allow low-speed electric vehicles to use public roads with speed limits of 35 mph or less.

SB 12 (Pendleton)(S. Natural Resources & Energy)

Would require all bulk storage and distribution terminals in Kentucky selling gasoline to offer fuel ethanol and ethanol-blended gasoline, and would allow all fuel retail facilities, wholesalers, distributors and marketers to purchase ethanol from any terminal.

SB 13 (Leeper)(S. Natural Resources & Energy) -

Would eliminate current prohibition on granting of a construction permit for a nuclear power plant in Kentucky absent a federally approved disposal site for nuclear plant waste, and replace it with an obligation of the plant to have a plan for storage of high level nuclear waste instead.

SB 15 (Ridley and Rhoads)(S. A&R)

Would create a public infrastructure authority to finance and hold title to major ($300,000,000+) highway projects, would allow tolls.

SB 18 (Seum)(S. State & Local Govt)

Bill aimed at preventing storage of spent explosives in Louisville, would ban storage within certain distance of water installations in counties with consolidated governments (i.e. Louisville). Limitation to such counties likely would result in bill being struck as special or local legislation.

SB 20 (Leeper)(S. State & Local Govt)

Would add a representative of Kentucky Municipal Utility Association to Kentucky Infrastructure Authority Board.

SB 21 (Buford)(S. Seniors & Mil. Affairs)

Would require Cabinet for Health and Family Services to promulgate regulations allowing swimming pools to be maintained without a main outlet or drain and mandate compliance with federal pool and spa safety act requirements.

SB 23 (Buford)(S. State & Local Govt)

Constitutional amendment to extend the terms of state representatives from two to four years.

SB 27 (Leeper)(S. Natural Resources & Energy)

Would create a brownfield redevelopment fund to allow for grants and loans to governmental agencies for brownfield assessments and restoration of properties. No dedicated funding source identified.

SR 2 (Williams and Kelly)(Adopted)

Rules for 2009 Senate Regular Session

House Bills

HB 11 (Wuchner and Burch)(H. Education)

Would require certain amounts of physical activity as part of elementary and middle school curricula.

HB 14 (DeCesare)(H. A&R)

Would create a legislative “time out” requiring 24 hours between the availability of a free conference committee report or floor amendment on the budget, and the floor vote, unless waived by 2/3 of the members.

HB 18 (Higdon)(H. Labor & Industry)

Would require prerecorded telephonic political messages to identify the name of the candidate and the organization paying for the call, in the first 30 seconds, and prohibit such calls to persons on the National do not call list.

HB 21 (Riggs) (H. Transp)

House counterpart to SB 7, would allow low-speed electric vehicles to use public roads with speed limits of 35 mph or less.

HB 29 (Santoro)(H. Local Govt)

While poorly drafted, intend appears to be to empower county fiscal courts to adopt safety regulations for above-grade noncommercial swimming pools.

HB 33 (Marzian)(H. Labor & Industry)

Would prohibit discrimination in wages paid for equivalent jobs.

HB 34 (Marzian)(H. Tourism Development & Energy)

Would add a member of the Brain Injury Association of Kentucky to the Kentucky Recreational Trails Authority.

HB 37 (Marzian)(H. State Govt)

Would allow Governor to appoint members of boards and commissions to as to achieve gender equity.

HB 44 (Yonts)(H. State Govt)

Would amend existing laws governing the bidding and awarding of personal services contracts, and legislative oversight of same.

HB 50 (Owens and Clark)(H. Elections & Const Amendments)

Would amend voting laws concerning in-person and mail-in absentee voting.

HB 52 (Wayne)(H. Elections & Const Amendments)

Would allow a designated caretaker to vote on behalf of a voters scheduled to have surgery on election day, broadening existing law which is limited to the spouse.

HB 53 (Edmonds)(H. Transp)

Would create a system for titling and registration of all terrain vehicles.

HB 56 (Yonts)(H. Elections & Const Amendments)

Would amend the state Constitution to allow the General Assembly to enact a law expanding absentee voting to include early in-person voting.

HB 60 (Nelson)(H. Transp)

Would create process for state inspection of at-grade railroad crossings and for railroad company repair of substandard crossings.

HB 62 (Meeks)(H. State Govt)

Would define “American Indian” for purposes of Kentucky statutes.

HB 63 (Meeks)(H. State Govt)

Would create a process by which an applicant could request formal recognition as an American Indian tribe by the Commonwealth’s Native American Heritage Commission, based on satisfaction of at lease five of the eligibility criteria in the statute.

HB 64 (Meeks)(H. Eco. Dev)

Would create a new LRC Committee known as the International Business Relations Committee.

HB 70 (Crenshaw)(H. Elections & Const Amendments)

Would amend state constitution to allow for restoration of voting rights of convicted felons upon final discharge from parole, expiration of probation, or expiration of sentence.

HB 72 (Marzian)(H. State Govt)

Would prohibit discrimination in housing, employment and wages based on sexual identity or orientation.

HB 81 (Yonts)(H. Transp)

Would allow low-speed electric vehicles on roads with posted limits of 45 mph or less.

HB 84 (Glenn)(H. NR & Env)

Would allow lifetime hunting and fishing licenses for all citizens 65 years of age or older.

HB 88 (Wayne)(H. Judiciary)

Would create a crime of vehicular assault of a bicyclist or pedestrian for reckless contact between a vehicle and a bicycle or pedestrian resulting in physical injury or death, and would allow an arrest even if an officer did not witness the injury, if probable cause existed.

HB 91 (Denham)(H. Judiciary)

Would create and define a crime of agroterrorism against an agricultural facility or product.

HB 92 (Yonts) (H. NR & Env)+

Would extend the registration requirements for petroleum storage tanks to be eligible for reimbursement for removal and remediation from 2010 to 2015.

HB 102 (Pasley)(H. A&R)

Would create process for establishing a public infrastructure authority for major highway and bridge projects, allowing the authority to issue bonds for financing a project and to place tolls on a project and set out procedures for collection and distribution of tolls.

HB 104 (Pasley)(H. NR & Env) +

The "streamsaver bill," authored by KRC, would require spoil generated by mining activities to be disposed of on previously mined lands or other upland locations to the extent possible, and in compacted constructed fills above defined stream channels where necessary.

HB 111 (Tilley)(H. A&R)

Would create a tax credit for employers creating healthy lifestyle and wellness programs for employees.

HB 114 (Meeks)(H. Judiciary)

Would create a permitting process for excavations of archaeological sites on private property and clarify disposition requirements for disposition of human remains discovered during archaeological investigation or inadvertently encountered in cemeteries. Would also clarify rights of descendants and relatives to access to cemeteries on private property.

HB 115 (Meeks)(H. Judiciary)

Comprehensive revision of state law addressing disposition of historic and prehistoric human remains.

HB 119 (Hall and Edmonds)(H. NR & Env)

Would lower number of underground mine emergency technicians on production shifts for mines with less than 18 employees from two to one.

HB 122 (Nelson)(H. Education)

Would require teaching of fire ecology as part of the core curriculum and involve a broad group of stakeholders in curriculum development.

HB 123 (Marzian)(H. A&R)

Would increase taxes on cigarettes by 75 cents/pack, and direct disposition of funds.

HB 127 (Rollins)(H. Local Govt)

Would amend existing law to allow conservation easements encumbering air board property to run for 20 or more years rather than a minimum of 30 years.

HB 131 (Simpson)(H. Local Govt)

Would amend existing law concerning the establishment of a commission to develop and propose for adoption by residents, of a comprehensive plan for creation of a charter county government.

HB 133 (Owens)(H. Elections & Const Amendments)

Would amend state constitution to allow qualified voters to vote by absentee ballot in person.

HB 135 (Higdon)(H. Transp)

Would allow low-speed electric vehicles on roads with posted limits of 45 mph or less.

HB 140 (Stewart and Couch)(H. A&R)

Would require quarterly reporting of coal severance tax receipts by taxpayer to the Legislative Research Commission.

HB 148 (Cherry)

Would ratify the reorganization of the Attorney General’s Department of Law.

HB 149 (Cherry)

Would ratify the reorganization of the Office of Auditor of Public Accounts.

HB 160 (Meeks and Butler)

Would amend existing law regarding annual state agency and all high-ed institution reporting on waste recycled.

HB 162 (Pullin)

Would reduce property taxes on qualifying voluntary environmental remediation property where the land is used for agricultural production of energy feedstocks.

HB 172 (McKee, Osborne)

Would amend existing law concerning agricultural districts to require local comprehensive plans and 401 facilities plans when considering formation of an agricultural district, and clarify that compliance with K.R.S. Chapter 132 is required in order to obtain an agricultural assessment.

HR 1 (Richards and Adkins) (Adopted)

Adopted 2008 Regular Session Rules as Temporary Rules for 2009 Session.

HJR 7 (Edmonds) (H. NR & Env) -

A joint resolution directing the University of Kentucky to conduct research studies with recommendations concerning mining the Robinson Forest and the implications of that activity on forests and streams.

HJR 10 (Rollins and others)

Would reform House Rules to prevent going beyond midnight on the 60th legislative day, to limit time spent to introducing guests and entertainment during sessions, add members to the Committee on Committees, limit removal of committee members, and make other House Rules reforms.

HR 19 (Pullin)(To House Floor)

Resolution urging the President-Elect and Congress to fully fund the Greenup Lock and Dams Projects.

HR 26 (Stumbo and others)(Adopted)

Adopts Rules of Procedure for 2009 Regular Session.

By Kentucky Resources Council on 01/09/2009 5:32 PM
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