2010 REGULAR SESSION: Bills We're Watching: The Seventh Edition

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2010 REGULAR SESSION: Bills We?re Watching: The Seventh Edition  Posted: February 19, 2010

2010 REGULAR SESSION: Bills We’re Watching: The Seventh 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 seventh of many updates, covering the 2010 legislative session, which began on January 5 and continues until April 13. This list will be updated at least weekly.

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!)


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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 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.

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.

We’ve changed the format, so that bills we are opposing or supporting appear in the first section, followed by those that we are tracking.

Bills of Interest or Concern

SB 3 (Smith and others)(-)(Defeated in floor vote in Senate)

Self-titled "21st Century Bill of Rights" is a proposed constitutional amendment that seeks to prevent laws infringing in the right to bear arms, to sever coal from the ground, to post the Ten Commandments as part of an historical display (query, why doesn't anyone ever post the Beatitudes), and asserts sovereignty over all powers not enumerated in the Constitution (including presumably the rights to privacy found in the "penumbra" of the Constitution, which form the theoretical underpinnings of the Griswold and Roe v. Wade decisions.)

KRC opposes the bill specifically because the prohibition against laws directly or indirectly interfering with the severance of coal would, among other things, invalidate both severance and unmined mineral taxes, and mining safety, health and environmental laws.

SB 26 (Leeper)(H. A&R) (-)

Would eliminate current prohibition on construction of new nuclear plants in the Commonwealth and allow the PSC to approve new nuclear plant construction with only an approved federal plan for storage of nuclear waste.

Administration officials and the sponsor have indicated that lifting the 25-year moratorium is necessary to “begin the conversation” about the role of nuclear energy in Kentucky’s energy future. KRC respectfully disagrees, and believes that allowing a new generation of nuclear power plants to be constructed without a permanent waste disposal strategy in place for wastes that include radionuclides with a half-life of 24,000 years, sends the wrong message to an industry that has seen no new plant construction since 1974, despite significant subsidies from the federal government.

The bill passed the Senate on a vote of 27-10.

SB 56 (Leeper) (S. Rules)(+)

EEC Bill would update the screening standards for remediation of contaminated properties to include the more recent Region 3 Regional Screening Level Table. KRC worked with the cabinet and industry on some technical language that allows adoption by the cabinet of future updates of the federal standards.

SB 105 (Givens, McGaha and Pendleton)(H. Ag & Sm. Bus)(-)

The top legislative priority for the Kentucky Farm Bureau, the bill attempts to preempt local ordinances that define some industrial livestock production practices as animal cruelty, by creating a Kentucky Livestock Care Standards Commission to set standards governing the care and well-being of livestock and poultry towards the end of “safe, efficient and scientifically sound livestock and poultry production.” The problem is that nothing in the bill requires anyone to abide by the standards that would be set by the commission.

The Commission would include the state veterinarian, Commissioner of Agriculture, dean of UK College of Agriculture, Animal Control Advisory Board chair, UK livestock Disease Diagnostic Center, a county judge, a Farm Bureau representative and 5 representatives of livestock and poultry commodity organizations.

Authorizes the commission to promulgate regulations considering animal well-being and agricultural best practices, herd health, and “safe, affordable, healthy food supplies for consumers” among other factors. While the standards are set by the Commission, there is no mechanism provided for the implementation of the standards, nor any obligation on the part of persons engaged in livestock or poultry production to comply with such standards.

Contains a savings clause for the regulatory authority of the Kentucky Horse racing Authority and Board of Veterinary Examiners, but not for the Energy and Environment Cabinet, which oversees concentrated animal feedlot operations through water, air and waste regulations.

Particularly troubling is that the statute would prohibit continuation or adopting of any ordinance by any city, town or county that is “more stringent than the standards established by the Kentucky Livestock Care Standards Commission.” As written it is broad enough to preempt any local ordinances that have attempted to fill the gaps in state regulation of CAFOs and to potentially cause invalidation of local nuisance ordinances.

SB 133 (Harris)(S. Rules, recommitted to S. Transp)(-)

Billboard industry bill that would create a program of permitting billboard companies to remove public trees and other vegetation in public rights of way along highways in order to assure that the billboards can be seen by the motoring public. As KRC has done over the past decade, it will continue to oppose the bill.

SB 139 (Stein)(S. Nat. Res & Energy)(+)

The “streamsaver” bill authored by KRC, would require management of mine “spoil” so as to minimize impacts on headwater streams.

SB 160 (Harper Angel)(S. NR & Energy)

Bill would create manufacturer responsibility for establishing programs for recycling e-scrap. Unfortunately, the bill is very limited in scope, exempting all but residential e-scrap. It is unfortunate that other than Apple, all of the major manufacturers of computer-related equipment sold in the Commonwealth continue to oppose a more meaningful e-scrap program; choosing instead to socialize the costs of disposal or reclamation of their products.

HB 101 (Horlander)(H. Local Govt)(posted) (Needs definition)

Would amend statute governing adoption of ordinances by counties to allow suspension of second reading in the case of emergencies. KRC has discussed with the sponsor and KACO the need to define what constitutes an “emergency” in order to avoid challenges that the use of the power was abusive.

HB 110 (Overly) (+/-)(H. Rules)

Would revise law governing professional engineers and land surveyors to allow any employee or subordinate of a professional engineer to do work as long as it is “verified” by that engineer and conducted under his or her direct supervision. Current law requires that the subordinate or employee be a pupil or engineer in training.
KRC has concerns with broadening that class of subordinates to include individual not in training to be an engineer, and also the use of “verified”, since most regulatory programs require that the engineer “certify” the would, not merely verify it. It is unclear whether some other standard of care is intended by using the term “verified.” KRC will talk to the Board of Professional Engineers and Surveyors, and the sponsor.

HB 124 (Yonts)(To Senate)(+)

Would extend the registration of tanks eligible for remediation under the Petroleum Storage Tank program until 2015 and allow reimbursement for remediation expenses up until 2018.

HB 173 (Nelson) (Needs significant revision) (H. Tourism Dev. & Energy)(-)

Would elevate the status of the Kentucky Recreational Trails Authority to that of a separate state agency and empower it to develop a statewide recreational trail plan, and to establish a program titled “Gain Access Into Nature” that would decide which activities, including hiking, bicycling, skiing, horseback riding, camping and other nature-based tourism and recreation, would need access permits. The state agencies managing the lands would identify which lands are suitable for inclusion in the program, execute agreements with the KRTA, and split the permit fees 90-10% with the KRTA.

There has already been, within the state, conflict between the efforts of motorized and nonmotorized recreation enthusiasts to open and enlarge trails in ecologically sensitive areas that are managed for purposes other than recreation. This bill would give the KRTA, which is a board with representatives of private sector interests, such as bicyclists, equine enthusiasts, motorcyclists, ATV associations, farm bureau and coal interests, the status of a state agency, able to impose fees through regulations and determine the disposition of public monies, without the accountability of having those persons be state employees subject to the disclosure, conflict of interest and other provisions needed to assure that legislative dedication of state owned and managed lands to certain public trust purposes are respected, and that enthusiasm over opening such lands to recreational purposes does not compromise the values and purposes for which the lands are being owned or managed.

A proposed amendment to K.R.S. 56.500 is particularly troublesome, since it would deny the state Nature Preserves Commission, state parks, state scenic and recreational trails, the ability to restrict public access to those lands except in emergency situations, thus potentially forcing the opening of lands managed to protect endangered species and habitats to inappropriate levels of public recreational access.

KRC has worked with the Kentucky Nature Preserves Commission, Department of Fish and Wildlife, the bill sponsor, and equine interests, in order to craft a much more narrowly tailored resolution with respect to one particular existing trail in Harlan County, and it is likely that neither this bill nor HB 312 will pass as drafted.

HB 183 (Wayne)(H. A&R)(+)

Would create tax credits for noise insulation installed in houses located within designated airport noise contours.

HB 197 (Pasley and others)(H. Rules, recommitted to H. A&R)(+)

Would reauthorize the waste tire fee for six years. The Committee substitute reduced the reauthorization to four years.

HB 213 (Adkins)(To Senate)(-)

Bill sought by Denbury Resources would allow a private transmission pipeline company to condemn private lands in order to construct a pipeline for transmission of carbon dioxide. KRC has spoken with the company's attorneys about constitutional concerns and has suggested that the company either submit to regulation as a "common carrier" or that it seek to use state highway rights of way. KRC believes that irrespective of a legislative declaration that transmission of CO2 by pipeline is a "public use," the reality remains that it is unconstitutional under Sections 13 and 242 of the Kentucky Constitution to grant a private company the power to condemn the lands of another private party where the public will not be able to use the easement that is condemned.

KRC testified in opposition to the bill in committee on February 11, and will post that testimony to the website.

HB 240 (Adkins) (To Governor) (++)

Would repeal and reenact House Bill 2 from the 2008 Session, to address constitutional concerns raised by the enrolling of the bill after midnight of the last legislative day of that session.

HB 290 (Rand) (H. A&R)(-)

The Governor's proposed FY 2010-2012 Executive Branch budget.

Administration's budget assumes over $800 million dollars in revenue from expanded gambling - a measure with little chance of success given Senate leadership opposition.

It is unfortunate that the Beshear Administration does not view environmental protection programs as among the core priorities to be shielded from severe budget cuts. The budget for air, waste, water, coal and noncoal regulation, forestry, and other programs have been cut by a cumulative amount of 25% - far below the point at which the programs are being fully implemented, despite the yeoman efforts of underpaid and overworked staff in the various program areas. As a result, staff are intermittently prohibited from working on state-lead programs where there is no matching federal funding, and actions are taken to reduce workload, such as issuance of general permits for wastewater discharges where individual permits would provide better protection.

The Governor's budget, even with the unrealistic assumptions concerning gambling revenue and savings from efficiency improvements in government, still cuts the environmental protection budget for the biennium further, reducing general fund support, and proposing an overall budget dropping from $290.1 million in 2010-11 to $259.2 million in the out-year. A review of the historical funding over recent years reflects that, for the most part, the budget of the various programs are frozen at the level of funding for the current fiscal year, after taking the most recent cut.

If there were ever a time to end the taxpayer subsidy of pollution by requiring that agency permit fees cover the full cost of permitting, inspection and compliance, that time is now. Those who purchase the products and services should pay the costs of the licensing and permitting as part of that product or service; the public should not be required to underwrite pollution by paying the lion's share of the cost of permitting facilities that use the public's air, land and water to dilute and discharge of their wastes.

HB 310 (Marzian)(H. Elections, Const. Am)(+)

Would place on the ballot a proposed constitutional amendment to increase the sales tax by 3/8 of 1% in order to fund water quality protection and restoration, restoration and protection of habitat, wetlands, prairies and forests, and a third fund to support cultural heritage projects.

A durable source of funding for acquisition and conservation of natural lands in the Commonwealth has been lacking. This measure would provide that durable, recurring funding.

HB 312(Nelson)(H.Tourism Dev & Energy)(posted)(-)

Would require that the Kentucky Nature Preserve Commission, Department of Fish and Wildlife Resources, and State Parks, open all lands to equine travel where foot travel is allowed and, if the agency seeks to prohibit equine travel on such lands, it must hold a public hearing and produce evidence that limiting equine travel is necessary to prevent “significant and enduring harm” or would violate the terms of a private landowner agreement or cause a loss of federal funds. Would also obligate the Secretary of the Energy and Environment Cabinet and of the Tourism, Arts and Heritage Cabinet to protect and promote equine travel opportunities on state recreational land.

The bill is the second attempt by the Horse Council to secure greater access to public lands in the Commonwealth by forcing public agencies charged with the management of these lands to defend a discretionary decision concerning the carrying capacity of those lands. It is unclear whether the bill is intended to be prospective in nature (i.e. applying to any new decisions to prohibit equine access) or to require agencies to revisit existing prohibitions.

Equating the impacts of equine travel with foot travel is inappropriate, since the former has more significant impacts than the latter. Including Nature Preserve Commission lands within the definition of “recreation land” is inappropriate, since by definition these are ecologically sensitive remnant landscapes that are maintained as “preserves” rather than for recreation. With respect to lands owned or managed by the Department of Fish and Wildlife Resources, these lands are dedicated to wildlife management and have been bought and paid for by those who purchase hunting and fishing licenses. No private landowner should be forced to allow equine travel on the land if there is not a prohibition on it in the management agreement, nor should the Horse Council assume that it has any right to require KDFWR to justify excluding horseback riding on lands dedicated to wildlife management and hunting.

The Kentucky Horse Council and KDFWR are discussing development of a particular trail of concern in Harlan and Letcher Counties, which may result in the bills being withdrawn.

KRC testified at a committee meeting and expressed concerns regarding the bill, and has posted that testimony to the website. Bill Martin, Don Dott, and Rick Clewett of the Sierra Club and Jim Scheff of Kentucky Heartwood also testified regarding concerns with the bill.

During the past weeks, KRC has worked with the Kentucky Nature Preserves Commission, Department of Fish and Wildlife, the bill sponsor, and equine interests, in order to craft a much more narrowly tailored resolution with respect to one particular existing trail in Harlan County, and it is likely that neither this bill nor HB 173 will pass as drafted.

HB 330 (Henley)(H. Trans)(-)

Would allow multi-message electronic billboards to be erected in the Commonwealth, which would change messages as quickly as every 8 seconds. Electronic billboards increase driver distraction and represent a safety threat to the motoring public.

HB 348 (Jenkins) (H. Local Govt)(+)

Would require planning units to undertake an environmental assessment, called a “comprehensive environmental status review” prior to adoption of revisions to comprehensive land use plans and zoning regulations, and to develop plans to mitigate watershed pollution.

HB 362 (Thompson)(H. A&R)(+)

Would amend income tax law to allow Energy Star home credits to be used against individual income taxes.

HB 378 (McKee)(To Senate)

Would amend the petroleum storage tank fund statutes to prohibit the fund from limiting the number of tanks that a particular entity could register for remediation under the SOTRA fund.

HB 396 (Riner)(H. Nat Res & Env)(+)

The “streamsaver” bill.

HB 408 (Moberly)(H. Nat Res. & Env)(+)

Comprehensive energy policy bill would require municipal and regulated electric utilities to diversifying their electricity generation portfolios to include incremental improvements in energy efficiency and renewable power generation. Bill would also encourage investment in renewables by providing a “feed-in tariff” that would provide a floor price for energy generated and “fed-in” to the transmission grid. Bill is the product of a collaborative process of the newly-formed Kentucky Sustainable Energy Alliance, and was drafted by KRC, which is a member of the alliance. KRC appreciates the diligent work of LRC staff person Taylor Moore in reformatting and redrafting the bill.

HB 416 (Marzian, Wayne, Jenkins)(H. Nat Res & Env)(+)

The “streamsaver” bill.

HB 419 (H. A&R)(+)

Establishes a Kentucky Land Stewardship and Conservation Fund and allows funds to be allocated to nonprofit land conservation organizations.

HJR 20 (J. Fischer, J. Gooch Jr., M. Harmon)(H.NR & Env)(Posted)(-)

Prohibit enforcement and enactment of restrictions on carbon dioxide emissions by all agencies and political subdivisions of state and local government.

HR 24 (M. Marzian, J. DeCesare)(Adopted) (+)

Endorses the creation of a General Assembly Green Schools Caucus in support of efforts to build more energy-efficient, water-efficient, and environmentally sustainable K-12 schools.

HCR 84 (Thompson and others)(S. State and Local Govt)(-)

Would create a “Kentucky Natural Resources Caucus within the General Assembly to support the coal, oil and natural gas industries.

In the interest of accuracy, the caucus should instead be called the “Fossil Fuel Caucus”, since it ignores the above-ground natural resources of the Commonwealth, which are often damaged or degraded because of coal extraction, and oil and natural gas production.

HCR 132 (Gooch and others)(H. Rules)(-)

Encourages Congress to block EPA from developing greenhouse gas emission standards governing stationary sources.

While KRC believes that the better approach to greenhouse gas regulation is through Congressional action, in the absence of such action the EPA is obligated, having made an endangerment finding, to develop regulations to address stationary as well as mobile sources of greenhouse gases.

KRC testified in opposition to the resolution in committee on February 11, and suggested that rather than simply opposing the EPA utilization of the Prevention of Significant Deterioration (PSD) program to regulate carbon dioxide from stationary sources (i.e. utilities and other major CO2 emitters), that the General Assembly should affirmatively ask Congress to act on a climate change bill. The Chair responded by reiterating that he did not believe that CO2 was causing climate change to occur. Ironically, not 15 minutes before the discussion, the Committee had unanimously voted to approve a bill allowing a private CO2 pipeline company to condemn other people’s lands on the assumption that capturing CO2 was a “public use” because of the threat of climate change.

HJR 133 (Glenn)(H. Transp)(+)

Would direct the Transportation Cabinet to study the feasibility of establishing a high speed rail system for Kentucky.

HJR 141 (Hall & Edmonds)(H. Tourism Dev & Energy)(+ / -)

Resolution would direct the Legislative Research Commission to open a case on retail competition in natural gas supply, and directs the study of particular aspects of the issue.

While KRC supports a revisiting of the issue of retail competition in natural gas supply, the resolution is drafted in a manner that presupposes the outcome of the study, and expresses legislative support for increasing retail competition. KRC is checking with the sponsor to see if he is amenable to revising the resolution to be more neutral and to include other issues within the scope of the study.

Particular caution is warranted when evaluating the merits and demerits of allowing gas marketers access to retail customers now served by the incumbent gas utility. The existing Columbia Gas retail competition pilot has cost those who have participated, millions of dollars in increased gas commodity costs over what they would have paid had they chosen to remain with Columbia Gas purchasing and delivering natural gas to them.

Senate Bills and Resolutions We’re Tracking

SB 6 (Seum)(S. Rules)

Would limit the use of metal detectors in unimproved areas of state parks.

SB 14 (Pendleton)(S. Ag)(+)

Would allow growing of industrial hemp and create a licensure process.

SB 23 (Angel) (S. Judiciary)

Would prohibit texting and emails while operating a motor vehicle and impose fines for violations and for accidents where texting was a cause.

SB 34 (Alice Forgy Kerr)(S. Eco. Dev.)

Would amend K.R.S. Chapter 211 to require Cabinet for Family and Health Services to adopt regulations covering permitted types, sizes, supervision and safety, water disinfection and recirculation requirements, and materials and components of “interactive water features” that allow for recreational activities with minimal standing water.

SB 40 (Thayer) (H. State Govt)

Senate version of BR 224, would direct LRC to design a website allowing citizens internet access to financial data about claims on the treasury by each branch of state government and higher education institutions, including the amount, purpose, and recipient of each such expenditure.

SB 46 (Boswell)(S. Licensing & Occupations)

Would amend existing law governing reinstatement and suspension of geologist licenses to allow penalty up to $1,000 per violation and to require proof of completion of education hours prior to reinstatement.

SB 50 (Higdon)(S. State Govt)

Would prohibit making prerecorded political announcements to phone numbers listed on the national Do Not Call registry.

SB 55 (Tori)(S. Rules)

Committee substitute to original bill specifically voids certain regulations adopted by the Cabinet for Health and Family Services between March 27, 2002 and March 16, 2004 and from March 27, 2009.

SB 63 (Rhoads)(S. Nat Res)

Would amend existing law on mine subsidence insurance to increase reinsurance limit from $100,000 to $300,000.

SB 64 (Tapp, Pendleton and Tori)(S. Nat Res)

Comprehensive revision of statutes governing Department of Fish and Wildlife Resources, would subject appointment of Commissioners to Senate confirmation.

SB 95 (Seum) (S. State & Local Govt)

Constitutional amendment to limit the scope of odd-year legislative sessions.

SB 104 (Givens)(S. Ag)

Updates various statutes to align reporting by agencies to the changes in interim legislative committee assignment of agricultural issues that created an Interim Joint Committee on Agriculture.

SB 113 (Ridley)(S. Nat Res & Energy)

Would amend KRS 350.130 to allow electronic service of notices of noncompliance under the state surface coal mining regulatory program.

SB 116 (K. Stein)(S. Judiciary)

Would increase civil fines for violation of planning and zoning requirements and allow violations to be pursued through code enforcement boards.

SB 126 (Pendleton)(S. A&R)

Amendments to severance tax laws.

SB 128 (Neal)(S. State & Local Govt)

Proposed constitutional amendment would automatically restore voting rights to felons on expiration of sentence, parole or probation.

SB 132 (Stine)(To House)(+)

Would establish standards for efficient design of schools.

SB 138 (Stein)(S. State & Local Govt)

Would prohibit discrimination on the basis of sexual orientation or gender identity.

Senate Resolutions

SR 9 (Angel, Clark) (S. A&R)

Resolution urging Governor Steve Beshear to include funding for Medicaid-approved smoking cessation services in his 2010-2012 Executive Branch budget proposal.

SCR 22 (Smith) (S. State Govt)

Would reauthorize the Poverty Task Force.

SR 70 (Rhoads)(Adopted)

A resolution adjourning the Senate in loving honor and memory of Sue Anne Salmon.

SR 90 (Kerr and Denton)(S. State & Local Govt)

Would endorse creation of Green Schools caucus in support of efforts to build more energy efficient, water efficient and environmentally sustainable schools.

House Bills and Resolutions We’re Tracking

HB 13 (Wayne)(H. A&R)

Bill would reform tax code to increase tax rate on incomes over $75,000 and establish state earned income credit at 15% of the federal rate.

HB 14 (Siler)(Became Law)

Would allow up to three free nights stay annually for permanently and totally disabled veterans at Kentucky State Parks.

HB 24 (Richards)(S. Transp)

Would permit an applicant approved for a limited supplemental guide sign to amortize the permit cost over 10 years.

HB 27 (Nelson) (H. Transp)

Would prohibit texting on a personal communication device while operating a motor vehicle, and would after January 1, 2010, impose a fine of $50 for each offense.

HB 28 (Coursey) (S. Transp)

Would create a Water Transportation Advisory Board to advise the legislative and executive branches concerning industrial water transportation and riverports, and a trust fund for improvement of riverport facilities and infrastructure.

HB 43 (Richards) (S. Judiciary)

Would prohibit texting on a personal communication device while operating a motor vehicle, and would after January 1, 2011, impose a fine of $20 to $100 for each offense. Committee amendment limited prohibition to drivers under 18 years of age.

HB 44 (Damron) (H. Mil. Affairs & Public Safety)

Would authorize the Department of Public Health to create standards for mold remediation and allow prosecution for providers of mold remediation services that fail to comply with those standards.

HB 45 (Burch) (H. Judiciary)

Would abolish the death penalty and would commute all death row inmates to life imprisonment without benefit of probation or parole. Former capital cases in the future would be subject to life imprisonment without benefit of probation or parole for the first 25 years of the sentence.

HB 52 (Wuchner, Burch) (H. Ed)

Would require the Kentucky Department of Education to identify and disseminate model resources for integrating physical activity during the school day; encourage schools to utilize certified physical education teachers in the development of physical activity plans; develop a reporting mechanism for schools containing grades K-5 to report physical activity, aggregate body mass index, and wellness program data, and require at least 30 minutes of structured moderate to vigorous physical activity, 150 minutes per week, or the equivalent per month; and would prohibit exclusion from structured physical activity as a form of discipline.

HB 66 (Burch) (H. State Govt)

Would declare that any regulation found deficient by a legislative committee since March 27, 2009 to be void, and would prohibit later adoption of an identical or substantially similar regulation.

HB 70 (Crenshaw)(S. State & Local Govt)

Proposed constitutional amendment would provide for automatic restoration of voting rights for felons after expiration of sentence or discharge from parole.

HB 78 (Farmer) (H. A&R)

Bill would extend sales tax to include admissions, accommodations and services and lower the rate to 5.5% from 6%.

HB 89 (Meeks)(S. State & Local Govt)

Would define who is an “American Indian” for purposes of state statutes.

HB 90 (Meeks)(S. State & Local Govt)

Would create a process for applying to be formally recognized as an American Indian tribe by the Commonwealth of Kentucky.

HB 91 (Meeks)(H. Judiciary)

Would prohibit excavation of an archaeological site on private property without obtaining a permit issued by the Kentucky Heritage Council, and would make a violation a Class A misdemeanor for the first offense and Class D felony for each subsequent offense. Would also codify a right to visit gravesites n private property for family members.

HB 92 (Meeks)(H. Judiciary)

Would amend existing law to require that prior to alteration of real property, any agency issuing a building permit verify that the property contains no known human remains and that the Kentucky Heritage Council has issued a confirmation that no human remains or archaeological sites exist on the site. If a property confirmation or inspection verifies that human remains exist on the property, the state historic preservation officer is obligated to conduct a human remains outcome review. Civil and criminal penalties are provided for knowing violations of the Act.

HB 93 (Meeks)(H. Nat. Res.)(posted)

Would encourage state agencies to seek local recycling options, such as drop-off recycling centers; subject all agencies to requirement to annually report to the Energy and Environment Cabinet on the estimated amount of waste materials recycled during the previous year.

HB 94 (Meeks)(H. Ed)

Would raise compulsory school attendance from 16 to 18 years of age over a two-year period.

HB 98 (Miller)(S. Licensing & Occup)

Would require inspection of installations of new manufactured homes.

HB 113 (Denham)(H. Trans)

Would require headlights to be lit during any precipitation period when windshield wipers are used.

HB 114 (Combs)(S. Eco Dev, Tourism & Labor)

Would rename Pine Mountain Trail State Park to Pine Mountain State Scenic Trail.

HB 117 (Marzian)(H. Judiciary)

Would include sexual orientation and gender identity as protected status for purposes of state anti-discrimination laws.

HB 128 (DeCesare and others)(Reassigned to H. State Govt)

Would direct LRC to design a website allowing citizens internet access to financial data about claims on the treasury by each branch of state government and higher education institutions, including the amount, purpose, and recipient of each such expenditure.

HB 133 (Riner)(S. Judiciary)

Would extend to 2 years claims of sex-based wage discrimination.

HB 134 (Riner)(H. Elections)

Proposed constitutional amendment would automatically reinstate voting rights for felons who have completed sentence or probation terms, except for treason and certain violent and sexual crimes.

HB 140 (Yonts) (H. Education)

Bill would gradually raise compulsory school attendance from 16 to 18 years of age.

HB 141 (Nelson) (H. Nat. Res. & Env)(posted)

Would authorize any person to kill a black bear that was within 30 yards of an occupied dwelling if the landowner or tenant believes the killing necessary to protect anyone within 30 yards of the dwelling from imminent peril of death or serious physical injury. Such a taking would be required to be reported to a conservation officer and the landowner or tenant could not move the carcass or use it.

HB 147 (Cherry)(Recommitted to H. State Govt)

Would amend governmental ethics laws to extend ethics code and candidate financial disclosure requirements to charter, unified local governments, and specifically to property valuation administrators.

HB 148 (Cherry)(To Senate)

Reorganization of Office of Attorney General.

HB 158 (Rollins)(S. State & Local Govt)

Would create training program for city officers and encourage the adoption of such programs by cities; would create a retirement incentive to encourage training of city officers.

HB 175 (Steele)(H. Rules)(+)

Bill seeks to encourage post mining development of pollinator habitats and would request the interim Natural Resources Committee to explore ways to support beekeeping on mine reclamation sites.

HB 185 (Wayne)(S. State & Local Govt)(+)

Would require posting by public employers of whistleblower statutes and restrict reprisal against employees who refuse to participate in employer practices that may violate a law or regulation.

HB 187 (Wayne and Riggs)(S. State & Local Govt)

Would amend planning and zoning statutes to extend ethics code to planning commissions and boards of zoning adjustment; would require each commissioner’s vote to be recoded, would extend plan element research and forecasts to 20-year horizon.

HB 201 (Ballard)(S. NR & Energy)

Revision to statutes governing water district commissioners, allowing PSC to fill vacancies on water district commissions, and creating training program for new commissioners.

HB 215 (Gooch)(S. NR & Energy)

Would amend KRS 146.415 to correct a technical error in the definition of “nature preserves”.

HB 221 (Belcher, Clark)(H. Rules)

Would authorize formation of a regional wastewater commission and allow existing wastewater utilities to form such a commission, and would exempt the commission from the jurisdiction of the Public Service Commission.

Working with the sponsors and other House members, KRC has drafted a proposed floor amendment that would significantly increase transparency and accountability to the public, as well as opportunities for public involvement in the decision by local wastewater utilities to decide whether to form or join a proposed regional commission for the Salt River Basin, and would establish standards governing the decisions of the commission. The proposed mark-up has been circulated to the sponsors and other interested entities and during the next week a meeting to work through proposed changes is anticipated. An analysis of the bill has been posted to the KRC website.

HB 232 (Burch & Meeks) (H. Trans) (posted)

Would prohibit the use of personal communication devices for texting and cellphone use while operating a vehicle and would provide for penalties ranging from $20 - $100 per violation.

HB 268 (Gooch)(S. Nat Res)

Would increase the number of annual training hours for a renewal of a Kentucky blaster's license and allow that no more than 4 of those hours in any year be attributed to attending a conference.

HB 273 (Moore)(H. A&R)

Would require equivalent cuts in the legislative branch budget for those made in the executive branch budget.

HB 274 (Moore)(H. A&R)

Would require fiscal notes for all bills including an appropriation unless a 2/3 majority waived the requirement.

HB 281 (Henderson and Stone)(H. Judiciary)

Would extend civil immunity from damages to persons administering emergency care at the scene of an emergency outside a hospital, to include persons completing wilderness rescue training that has a first aid component.

HB 283 (Gooch) (S. A&R)(+ / -)

Would raise permitting fees for new, amended, and revised surface coal mining operation permits. The bill is intended to codify fee increases unlawfully adopted in an "emergency regulation" last year that raised permit fees in order to fund permit review positions within the Department for Natural Resources.

While KRC supports the increase in fees in order to capture from the permit applicants a higher percentage of the actual costs of permitting and inspecting the mine operations, it appears that the fee increases fall short of capturing 100% of those costs, leaving taxpayers to subsidize mining companies by paying a portion of the costs of the implementation of the surface mining regulatory program.

The bill also limits the expenditure of any monies raised by permit fees to the Division of Mine Permits, thus making the remainder of the mining program (including inspection and enforcement) entirely dependent on general fund appropriations.

HB 291 (Rand) (H. A&R)

The Transportation Cabinet appropriations bill for the 2010-2012 biennium.

HB 292 (Rand) (H. A&R)

The biennial highway construction project bill.

HB 293 (Rand) (H. A&R)

The 2010-2012 Judicial Branch Budget.

HB 299 (Stumbo, Clark, Keene)(H. Licensing & Occupations)

Bill authorizing expansion of gaming to include Video Lottery Terminals at horse racetracks. Bill passed the House in 2009 but failed in the Senate, whose leadership wants to put the issue of expanded gaming to the voters through a constitutional amendment.

HB 304 (Stewart) (H. Ag & Sm Bus)

Would impose on owner or operator of a stockyard the obligation to maintain the interior and exterior of the facility in a clean, sanitary and orderly manner, including disinfection every six months.

HB 308 (McKee and Denham)(S Nat Res)

Would establish a Forest Health Board.

HB 309 (Koenig)(H. Eco. Dev.)

Would abolish the Wood Products Competitiveness Corporation and vest responsibilities in the Economic Development Cabinet.

HB 310 (Marzian)(H. Elections, Const. Amendments)

Would raise sales tax by 3/8 of a percent until 2034 to create series of funds for parks, trails, outdoor and cultural heritage, and drinking water and clean water. Proposal is the product of the Land Conservation Task Force, which has been investigating durable funding mechanisms for increasing the amount of public lands available for a range of recreational uses.

HB 318 (McKee and Osborne)(H. Ag & Sm Bus)(posted)

Would amend existing statutes concerning the formation of agricultural districts.

HB 332 (Meeks)(To Senate)

Technical revision to reporting requirements for excess levels of lead in blood.

HB 393 (Pullin, Yonts)(To Senate)

Confirms reorganization of Energy and Environment Cabinet.

HB 401 (Rollins)(H. Transp)

Would modify transportation permits to allow cessation of work that is not in substantial compliance with the permit.

HB 420 (Couch)(H. State Govt)(+)

Would designate the Hurricane Creek underground mine site as a state historic site and provide for development of a memorial to the 38 miners who died in the mine explosion on December 20, 1970.

HB 429 (Damron and others)(H. NR Env)

Would amend statutes relating to criminal and regulatory matters affecting fish and wildlife resources.

HB 431 (Flood)(H. Local Govt)

Would increase fines for violations of planning and zoning requirements.

HB 433 (Yonts)(H. NR Env)

Would allow counties to designate persons to maintain and clear streams of debris, including on Department of Fish and Wildlife Resources lands.

House Resolutions

HCR 10 (Lee and others)(H. Elections)

Declares state sovereignty over power not given the federal government by Constitution and demand that the federal government case unconstitutional mandates.

HCR 11 (Crimm)(H. Elections)

Purports to restate Jeffersonian “principles of government” and to conclude that any federal court or presidential order that assumes a power not delegated to the federal government constitutes a “nullification” of the constitution, resulting in reversion of all delegated powers to the states.

HCR 13 (Floyd & Farmer)(H. Elections)

Resolution in support of second amendment and urging Congress not to enact any laws infringing on the right to bear arms.

HJR 16 (Nelson) (S. State & Local Govt)

Resolution honoring the Ridgetop Shawnee Tribe for their efforts to preserve Shawnee culture and language.

HCR 23 (Stumbo)(S. Judiciary)

Would reauthorize the Poverty Task Force and require a report by December 31, 2010.

HJR 69 (Rand)(H. A&R)

Would give force of law to the Executive Branch Budget Memorandum that accompanies the final budget bill.

HJR 70 (Rand)(H. A&R)

Would give force and effect of law to the Transportation Cabinet budget memorandum.

HJR 71 (Rand)(H. A&R)

Would give force and effect of law to the Judicial Branch budget memorandum.

HR 91 (Ballard)(Adopted)

Requests Transportation Cabinet to study the potential cost savings from reducing the amount of lighting used at remote parkway interchanges.

HR 136 (Nelson and Stewart)(H. Tourism Dev & Energy)

Would encourage the Public Service Commission to deny any utility request for rate increases that exceed the CPI for the previous year.

HR 156 (Meeks & Butler)(H. Judiciary)

Would encourage cooperative training for law enforcement and the judicial system in detecting, prosecuting and defending artifact theft cases.
By Kentucky Resources Council on 02/19/2010 5:32 PM
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