2012 GENERAL ASSEMBLY REGULAR SESSION: Bills We're Watching: The Tenth Edition

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2012 GENERAL ASSEMBLY REGULAR SESSION: Bills We?re Watching: The Tenth Edition  Posted: March 9, 2012

This list profiles the environmental, conservation, consumer and general government bills that the Kentucky Resources Council will be tracking during the 2012 session. March 9th was the 44th legislative day, with only 16 left to go! Thursday, March 1, was the last day to introduce a new House bill, with Monday, March 6 as the last day to introduce a new Senate bill.

This year is a “long” session, and began on January 3, 2012 with a scheduled adjournment of April 12, 2012.

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, visit the Legislature's 2012 Session page at http://www.lrc.ky.gov/record/11RS/record.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 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.

Committee Key:

H. State Govt = House State Government Committee
H. Ed = House Education Committee
H. Tourism Dev Energy= House Tourism, Development, and Energy 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 Committee
H. Ag Sm Bus = House Agriculture and Small Business Committee
H. Local Govt = House Local Government Committee
H. Trans = House Transportation Committee
H. H&W = House Health and Welfare Committee
H. L&O = House Labor and Industry Committee
H. NR Env = House Natural Resources and Environment Committee
H. B&I = House Banking and Insurance 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. LO = Senate Licensing, Occupations and Administrative Regulations Committee
S. Veterans = Senate Veterans, Military Affairs, and Public Protection Committee

Bills on which KRC has taken a position

HB 30 (Mills) (S. Ed)(-)

Would allow school boards to approve billboards on school buses, except that political, alcohol and tobacco advertising would be prohibited. Quite possible that the attempted “content-based” restrictions on the advertising would be struck if challenged, and bill provides that program would end if the content-based restrictions are deemed unconstitutional. The chair of the Senate Education Committee has indicated that the bill will not be taken up by that committee.

HB 103 (Glenn)(H. Tourism Dev Energy)(+)

Would dedicate one percent of the balance in the budget reserve trust fund annually to be divided equally between the Kentucky alternative fuel and renewable energy fund, the rural development fund, and the water quality account of the infrastructure revolving fund, to be used for research and development.

HB 124 (Wayne) (S. Eco Dev)(+)

Would amend KRS Chapter 100 to allow a planning unit to incorporate airport noise overlay districts within its zoning texts and maps and to incorporate guidelines on building techniques and materials that are designed to provide acoustical insulation benefits to structures within the overlay.

HB 131 (Wuchner and Fischer) (H. State Govt)(-)

Would prohibit regulations with a fiscal impact on government or regulated entities of over $500,000 from taking effect until ratified by General Assembly. Cost analysis ignores benefits of regulations. Effect of statute would likely be loss of delegated status for air quality and other regulatory programs, where changes to federal regulations must be adopted by state in order to retain authority to implement those programs.

HB 146 (Rollins)(S. A&R)(+)

Require the Kentucky Department of Education to consult with the Department for Environmental Protection and the Kentucky Chapter of the U. S. Green Building Council in promoting green cleaning programs in schools.

HB 148 (Combs)(S. Rules)(consent)(+)

Would amend state pipeline safety law to delete the $25,000 / $500,000 maximum penalties for violations of federal gas pipeline laws and regulations, and replace with civil penalties contained in federal code, which allow imposition of individual penalties for violations of $100,000 for each day of the violation, up to an aggregate of $1,000,000 for related violations.

HB 167 (Marzian) (H. Tourism Dev Energy)(+)

Would establish renewable and energy efficiency portfolio requirements for electric generating facilities.

HB 187 (Wayne and others)(H. Tourism Dev Energy)(+)

Would amend KRS 278.465 to expand eligibility requirements for net metering by allowing net metering installations on properties that are not owned or operated by the property owner, but are used by the property owner, and also by raising the cap on net metering from 30 kW to 2 mW.

HB 213 (Richards)(H. Elections)(posted)(-)

Proposed constitutional amendment would give the General Assembly the authority to adopt a process to review, approve, or reject administrative regulations during or between legislative sessions.

HB 226 (Bell)(H. Rules)(-)

Would allow bill board owners to apply for a permit to “trim” public right of way trees in order to assure the motoring public would be exposed to billboard messages. KRC testified in opposition to the bill in committee, and has posted that testimony on the website.

HB 231 (Wayne and others)(H. NR Env)(+)

The “streamsaver” bill, drafted by KRC for KFTC, would mandate upland disposal of coal mine spoil where possible, and prohibit disposal of spoil in streams, and would require use of compacted constructed valley fills.

HB 238 (Jenkins)(H. Rules)(+)

Would create a prescription drug drop off and recycling program.

HB 246 (Adkins and others)(S. A&R)(+)

Would expand the types of alternative and renewable energy qualifying for state incentives, and would exempt sales of some geothermal drilling supplies and tools from sales and use tax.

HB 255 (Adkins and others)(S. A&R)(+)

Would create a Kentucky Green Schools Authority to promote energy efficiency in school buildings through technical assistance, expertise, and financing to undertake guaranteed energy savings performance contract projects; provide bonding authority, amend state law to clarify that industrial revenue bonds may be issued to assist with increasing energy efficiency in manufacturing facilities; amend KRS 103.286 to reserve 10% of the state private activity bond cap for small or medium-sized manufacturing facility energy efficiency bond projects issued by the Kentucky Economic Development Finance Authority (KEDFA); direct the Department for Energy Development and Independence to provide technical assistance to local governments, area development districts, housing authorities, and school districts regarding methods to maximize energy conservation and efficiency; and establish a pilot program for assisting school districts with obtaining LEED certification for existing buildings.

HB 332 (Owens and others)(H. B&I)(+)

Would cap interest on payday loans at 36% and provide other consumer protections regarding payday loans.

HB 404 (Jenkins)(H. NR Env)(+)

Would amend existing law regarding the management and disposal of coal combustion wastes.

HB 450 (Combs, Lee, Bell)(H. State Govt)(-, needs revision)(posted)

Would declare public policy that the costs of administrative regulations shouldn’t exceed the public benefit, and amend KRS Chapter 13A relating to administrative regulations to clarify the review authority and duties of the Administrative Regulation Review Subcommittee and authorize a nonbinding determination that an administrative regulation is deficient if the administrative regulation appears to be against public policy; amend KRS 13A.240 to change the regulatory impact analysis by deleting questions regarding the costs and benefits to regulated entities; amend KRS 13A.280 to require administrative bodies to file an in-depth costs-benefit analysis with each statement of consideration and authorize a person or entity to submit an alternative costs-benefit analysis to the regulations compiler.

The Council is concerned that a traditional cost-benefit analysis undervalues or ignores benefits that are not easily monetized, such as ecological functions, environmental quality, and public health. KRC will talk with the sponsors to address these concerns.

HB 465 (Nesler, Gooch)(To Senate)(+)

Would create a new section of Subchapter 1 of KRS Chapter 224 to establish a Brownfields Redevelopment Program to be administered by the Energy and Environment Cabinet, and would extend nonliability to property owners where a release of petroleum, pollutants, or contaminants has occurred to the extent of performing characterization or corrective action for the release. Would also establish criteria for the protection from liability for property owners and allow the cabinet to promulgate administrative regulations to establish standard and procedures for implementing the Brownfields Redevelopment Program. Would also amend KRS 224.60-135 to provide that property owners are not require to take corrective action where a release from a petroleum storage tank occurred if the property owner is not the tank owner or operator, and amend KRS 224.60-138 to remove from general cabinet authority residual contamination on property where a release has occurred from a petroleum storage tank if the contamination is below standards established by the cabinet under the Brownfields Redevelopment Program.

KRC has offered some proposed revisions and all parties have agreed to the changes, which were made by House Floor Amendment.

HB 479 (Palumbo and Belcher)(H. Jud)(+)

Would amend existing law regarding the torture of a dog or cat to apply its provisions to all animals.

HB 507 (Nelson)(H. Tourism Dev Energy)(+)

Would require telephone utilities that deregulated under 2006 law (i.e. ATT, Windstream and Cincinnati Bell) to attempt to repair outages of basic, nonbasic, and wholesale service within a certain time, and to report to the Public Service Commission whenever 90% aren’t repaired within that time.

HCR 29 (Graham) (S. NR & Energy)(+)

Establish a Kentucky Children's Outdoor Bill of Rights and declare it to be the public policy of the Commonwealth.

HCR 64 (Combs)(H. Rules)(consent)(+)

Would establish a Timber Theft and Trespass Reduction Task Force to study issues regarding timber theft and trespass and to develop consensus recommendations to address those issues; and name the membership of the task force.

HR 87 (Meeks)(H. Ag Sm Bus)(+)

Simple resolution urging Congress to pass the Genetically Engineered Food Right to Know Act.

SB 4 (Carpenter)(S. LO)(-)

Would place a moratorium of one year on any new regulations other than emergency regs and those required by 2012 session. Would sunset all regulations within two years unless they are repromulgated within that time (between 1 and 2 years). Would require an “economic impact analysis” and a ”small business and consumer impact analysis”. Would prohibit state regulations from imposing stricter requirements on regulated entities than “those required by the federal mandate” unless specifically authorized by statute.

KRC has vigorously opposed different versions of “no more stringent than” legislation, which makes the federal minimum standards for environmental protection and public health the state maximum standards. The Commonwealth has already undertaken this exercise in summary repromulgation of all regulations, and it is a waste of agency time and resources, since all of the existing regulations have already been through the process at least once.

SB 10 (Bowen)(S. State Local Gov.)(-)

Proposed constitutional amendment that would alter the current balance of power among the branches of government by reversing the LRC v. Brown decision and empowering the General Assembly to authorize interim committees to reject proposed administrative regulations when the General Assembly is not in session.

SB 41 (Pendleton)(S. Ag)(+)

Would legalize and regulate growing of industrial hemp, require background checks by sheriff, allow field testing, assess fee to fund.

SB 47 (Schickel) (H. Ag SB)(needs revision)(+)

Original bill would allow the sale of raw milk at a farm site. Committee substitute removed original provisions and provide for “shared ownership” arrangements for livestock and poultry without permits. While not intended, the effect would be to remove any environmental permitting requirement from an industrial livestock or poultry operation provided that there was “shared ownership” of the animals. KRC will work to clarify the language, since the intent of the bill, which is to facilitate production contracts between farm producers and consumers, is positive.

SB 62 (Thayer)(H. State Govt)(posted)(-)

Would lower percentage of voter signatures needed on petition to dissolve an area planning commission from 25% of voters in last presidential election to 10% of registered voters who voted in most recent election. Senate Committee Substitute Floor amendment filed by sponsor would increase percentage to 15% of registered voters.

SB 105 (Seum and Hornback)(H. Tourism Dev & Energy)(-)

Would allow use of metal detectors in state parks and monuments, with no ability of the land manager to prohibit or restrict their use. Only protection is that they cannot be used in areas restricted as a “primitive trail or ecologically sensitive area.”

It is a problematic bill that could result in significant damage to our Commonwealth's historic and cultural heritage. I have heard from a number of individuals who work with civil war site preservation who are very concerned that SB 105 will increase the incidences of collectors damaging battlefield sites in search of buckles, bullets, and other metal objects. I've heard from others that are concerned that archaeological sites from historic and prehistoric times might be damaged, and that allowing metal detectors on public lands will encourage collectors to excavate sites in order to recover metals in a way that violates the Kentucky Antiquities Act of 1962, which prohibits the willful damage or destruction of archaeological sites on lands owned or leased by the state, state agencies, counties, or municipalities, and requires a permit from the University of Kentucky's Department of Anthropology to explore or excavate archaeological sites on these lands.

SB 133 (Stine)(Withdrawn)

SB 135 (Hornback, Kerr, Carpenter)(S. Eco Dev)(-)

Would complete the deregulation of telecommunications service in Kentucky, undercutting the 2006 bill that the basic telephone service would remain regulated by the Public Service Commission. Would exempt electing utilities from prohibitions on discrimination in rates and service, and eliminate the requirement to file and display rates and conditions of service. Would also eliminate obligation to provide service where any other voice service was available, and would eliminate any obligation to serve after June, 2013. Would also curtail significantly PSC jurisdiction over complaints.

SB 174 (Pendleton and Blevins)(S. A&R)(+)

Would establish a checkoff for contributions to the “farms to food banks trust fund” (currently known as the surplus agricultural commodities fund).

House Bills

HB 1 (Became Law)

Redistricting plan for state House of Representatives and State Senate.

HB 2 (Cherry)(Became Law)

The chambers couldn’t agree on the Congressional Redistricting Plan; as enacted this bill simply moved the filing deadline to February 7.

HB 41 (Sinnette) (H. Tourism Dev Energy)

Would prohibit bidders for city utility franchises from recovering the franchise fee from ratepayers through fees or surcharges on their bills.

HB 57 (Farmer) (H. Veterans)

Would prohibit a secondary metals recycler from purchasing copper from any person except a licensed heating, ventilation, and air conditioning contractor, electrical contractor, plumber, homebuilder, remodeler, or public or private utility, and to make daily reports of any copper transaction to local police; establish penalties for unlawful acts relating to acquiring or selling metals.

HB 63(Keene)(H. Judiciary)

Would include within crime of criminal littering, any unsolicited advertising or materials to be placed on the lawn, walkway or driveway of privately owned property, allow local control of such advertising.

HB 68 (Belcher) (H. Ed.)(posted)

Would require minimum levels of physical activity for grades K through 5.

HB 70 (Crenshaw) (S. Judiciary)

Proposed constitutional amendment to allow persons convicted of a felony other than treason, intentional killing, a sex crime, or bribery the right to vote after expiration of probation, final discharge from parole, or maximum expiration of sentence; submit to the voters for ratification or rejection.

HB 81 (King)(H. A&R)

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

HB 83 (Koenig) (S. A&R)

Would eliminate the Kentucky Wood Products Competitiveness Corporation and transfer its functions to the Cabinet for Economic Development. Committee substitute includes provision authorizing cost recovery for purchase power agreements by a regulated utility for electricity generated by a merchant biomass facility provided that the Commission finds that the rates are fair, just, and reasonable over the term of the agreement.

HB 108 (Harmon) (H. Elections)

Would propose constitutional amendment to amend Sections 50 and 256 of the Constitution of Kentucky, and to repeal Sections 48 and 49 of the Constitution, in order to allow issuance of appropriations-supported debt by the Commonwealth.

HB 109 (Harmon) (H. Elections)

Would amend existing law concerning the election of Governor and Lieutenant Governor and limits on contributions by legislative agents.

HB 110 (Burch) (H. State Govt)

Would amend existing law to require audits of state agencies to be sent to the Kentucky Personnel Board and reports of improper financial handling to be made to various state agencies; create a new section of KRS Chapter 18A to require the Kentucky Personnel Board to review audits of state agencies, and to allow removal of university trustees.

HB 115 (Nesler)(S. Ag)

Would require retail food establishments to notify consumers of the country of origin of catfish sold in their establishments by means of a label, menu, or other sign and allow sampling by state to verify species.

HB 122 (Rollins and others)(S. Licensing)

Would prevent local governments from imposing additional licensing or other requirements on private agencies that provide group home services for the disabled, while allowing regulation through ordinances of general application (such as zoning).

HB 123 (Riggs) (S. State & Local Govt)

Would allow a city of the second class in Metro Louisville to establish an independent board of zoning adjustment with exclusive jurisdiction within the city's territorial jurisdiction.

HB 151 (Hoover)(H. State Govt)

Would make numerous revisions to the Kentucky Code of Legislative Ethics.

HB 165 (Denham)(H. Rules)

Would require headlights be on during any period of precipitation that necessitates the use of windshield wipers by motorists. Committee substitute limits obligation to vehicles of model year 2000 or more recent.

HB 181 (Meeks)(S. Jud)

Would amend KRS 446.010 to define "American Indian" to mean a person having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment to the tribe of origin or to the community of original peoples.

HB 182 (Meeks)(S. Judiciary)

Would create process for formally recognition as an American Indian tribe by the Kentucky Native American Heritage Commission.

HB 188 (Marzian and others)(H. Judiciary)

Would amend state civil rights laws to expand protections against discrimination to include gender identity and sexual orientation.

HB 192 (Wayne)(H. A&R)

Would create a state tax credit for noise insulation installed in a residential structure that is located within a designated airport noise contour.

HB 196 (Glenn)(H. Tourism Dev Energy)

Would require that cellular telecommunications service providers to file reports with either the planning commission or Public Service Commission, depending on the location of the cellular antenna towers, detailing a plan to provide on-site backup power in cases of power failures, natural disasters, or other events.

HB 204 (Koenig and others)(H. Rules)

Would create procedure new procedure for the optional consolidation of counties.

HB 209 (Nelson)(H. Tourism Dev Energy)(posted)

Would establish requirements for telephone utilities to repair certain outages and submit reports to the Public Service Commission.

HB 222 (Lee)(H. Elections)

Would declare that certain guns, types of ammo and other accessories manufactured and used in Kentucky are exempt from federal law.

HB 230 (Wayne and others)(H. Judiciary)(posted)

Would create a mechanism for public financing of judicial elections, funded with voluntary designations of income taxes and bar dues.

HB 233(Jenkins)(H. Judiciary)

Would allow a Judge issuing an order in a domestic violence case to address the care and custody of family pets.

HB 240(Jenkins) (H. Rules)

Proposed constitutional amendment would abolish the office of constable.

HB 245 (Hall and Henderson)(H. Rules)

Would advance the use of compressed or liquefied natural gas by allowing Division of Air Quality to mandate some portion of vehicle fleets to be converted to “alternative transportation fuels,” which is defined to include CNG and LNG. Would also create tax credits for converting vehicles to natural gas or purchasing new vehicles that do so.

HB 252 (Short and others) (S. Veterans)

Would require Department of Fish and Wildlife Resources to hold a postseason elk quota hunt.

HB 253 (McKee and Denman)(S. Ag)

Would amend law governing agricultural districts to include agricultural land of five acres of more when used to form an agricultural district and to add the local comprehensive plan and the 401 facilities plan to the county development patterns considered by the board of supervisors as one of the factors when considering the formation of an agricultural district.

HB 263 (Cherry)(To Senate)

Would revise existing licensing standards for licensing of heating, ventilation, and air conditioning professionals.

HB 265 (Rand and others)(To Senate)

Executive Branch Budget for FY 2012-2014.

HB 266 (Rand and others)(H. Rules)

Transportation Cabinet Budget.

HB 267 (Rand and others)(H. A&R)(posted)

The fiscal year 2012-2014 Biennial Highway Construction Plan.

HB 268 (Rand and others)(To Senate)

Legislative Branch Budget for FY 2012-2014.

HB 269 (Rand and others)(To Senate)

Judicial Branch Budget for FY 2012-2014.

HB 272 (Mills)(H. Ag Sm Bus)

Would create framework for licensing the production of industrial hemp.

HB 273 (Crimm)(H. Judiciary)

Would amend existing animal cruelty laws to provide for forfeiture of animals involved in cruelty and torture cases and to prohibit ownership or possession of animals for 2 year s thereafter.

HB 281 (Jenkins)(S. Ed)

Would require coaches to complete training on recognizing and treating concussions and head injuries and identify actions required before an athlete with a suspected concussion or head injury may return to play.

HB 286 (Henderson and others)(H. Ag Sm Bus)

Would create licensure process for cultivation of industrial hemp.

HB 289 (Westrom and Adams)(H. H&W)(posted)

Would prohibit indoor smoking in businesses, places of employment, and other listed public places.

HB 290 (DeCesare and Ford)(H. Local Govt)

Would expand the units of government and agencies precluded from local regulation of firearms.

HB 297 (Denham)(H. Local Govt)(posted)

Would amend existing law relating to purchase of recycled metals and other materials, to require a recycler or other purchaser of copper metal or an alloy of metal containing copper to report to the local police department or sheriff within twenty-four hours of the purchase.

HB 302 (Cherry)(Became Law)

Would extend the filing deadline for congressional candidates to February 7, 2012 for the 2012 primary and adopt congressional district map.

HB 303(Cherry)(H. State Govt)(posted)

Would extend the filing deadline for congressional candidates to February 14, 2012 for the 2012 primary.

HB 315 (Osborne and Housman)(H. Judiciary)

Would amend eminent domain statute to allow separately deeded tracts of land owned by the same person to be considered as a single parcel for valuation purposes.

HB 321 (Marzian)(S. State Local Govt)

Would allow the Governor to achieve as much gender equity as possible when making appointments to boards and commissions.

HB 330 (Moore)(H. Judiciary)

Would extend immunity for emergency care to all persons rendering care without remuneration.

HB 334 (Steele and others)(H. NR Env)(posted)

Would repeal KRS 150.177, which authorizes the Kentucky Department of Fish and Wildlife Resources to issue “special permits” to “incorporated nonprofit wildlife conservation organizations” who may then sell the permits if the proceeds are used for “wildlife management.”

HB 336 (Marzian and Jenkins)(H. Ed)

Would amend existing law to strengthen penalties for bullying and cyberbullying, and require school discipline codes to prohibit it.

HB 337 (Marzian and Jenkins)(H. L & I)(posted)

Would amend existing law to prohibit wage discrimination on the basis of sex, race, or national origin by prohibiting wage differentials for employees who perform equivalent jobs.

HB 343 (Riggs) (H. Jud)

Would establish specific procedures for civil actions arising from exposure to silica.

HB 344 (Rudy and Nesler)(To Senate)

Would prohibit releasing a feral or wild hog into the wild.

HB 352 (Jenkins and Thompson)(H. Tourism Dev & Energy)

Create a new section of KRS Chapter 148 to define "metal detector" and "public area"; allow use of metal detectors in public areas; require registration of use of metal detector within state park or monument office; amend KRS 148.991 to provide a penalty for violation.

HB 356 (Sinnette) (H. Rules)

Would establish standards for marinas and boat docks owners and operators to prevent electrical shocks to persons in boats, in water, and on docks around the marina and would prohibit swimming within 100 yards of a boat dock or marina, except for reasons of search and rescue.

HB 357 (Rader)(H. Rules)(Recommitted to H. A&R)

Would require the Cabinet for Health and Family Services to annually inspect local school buildings for mold and roofs for leaks and to report findings.

HB 363 (Denham)(H. Local Govt)

Would amend KRS 109.056 to allow local governments to enact ordinances establishing procedures for the collection of solid waste taxes or service fees and allow local governments to collect delinquent solid waste collection taxes or fees through contract with the Department of Revenue at the commissioner of the department's discretion.

HB 385 (Gooch and Steele)(S. Rules)(Consent)

Would amend mine safety laws regarding drug and alcohol testing requirements and appeals of disciplinary actions for violations.

HB 390 (Pullin)(S. Judiciary)

Would establish a registration system for secondary metal recyclers to be administered by the Public Protection Cabinet.

HB 399 (Thompson)(S. NR Energy)

Would amend existing law to require the Public Service Commission to determine interest rates paid by utilities on an annual basis.

HB 406 (Nemes and Floyd)(H. Elections)

Proposed constitutional amendment would extend state senate terms to six years and house terms to four years starting in 2014, and term limit both at three consecutive terms

HB 411 (Short and others)(S. NR & Energy)

Would amend existing law to designate the Monday of the fourth week of August each year as Coal Truck Driver Appreciation Day.

HB 413 (DeWeese)(H. Elections)

Would amend Kentucky Constitution to 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; submit to the voters with ballot question.

HB 418 (Ford)(H. Rules)(Consent)

Would require a notice of methamphetamine contamination to be filed by the county attorney with the county clerk who attaches the notice to the deed of the property when properties are declared to be contaminated with chemicals used in methamphetamine manufacturing; require a notice of decontamination to be filed when the property is properly cleaned.

HB 427 (Hall)(To Senate)

Would allow Kentucky Heritage Land Conservation Board to adopt regulations with procedures for providing grants to nonprofit conservation organizations as well as agencies.

HB 440 (Denham)(H. Rules)(consent)

Would establish liability provisions and protections for those providing agritourism activities to the public.

HB 477 (Fischer)(H. Local Govt)

Would allow sanitation districts to provide stormwater services for or with cities through interlocal agreement, and limit use of rates.

HB 486 (Mills)(H. Elections)

Would amend the Kentucky Constitution to require that a candidate for Office of County Surveyor possess a Kentucky professional land surveyor license.

HB 493 (Damron)(H. Elections)

Proposed constitutional amendment limiting the power of the courts of justice to order the General Assembly to make or refrain from making an appropriation, imposing or decreasing a tax or fee, or refraining from imposing such a tax. Would also obligate the Court of Justice and all employees to “adhere toi” the language of the budget for the Court of Justice, which is often used as a vehicle for amending or overriding substantive laws for the period of the budget cycle.

HB 496 (Bell and Coursey)(H. Rules)

Would exempt from open records law those bodies that receive at least 25% of funds from state or local government if those funds are awarded through a competitive bidding process. KRC believes that where public monies are supporting an entity at 25% or greater, the public has a right to access records irrespective of whether the contract was publicly bid.

HB 500 (Damron and 30 others)(H. Judiciary)(Posted)

Would amend existing law regarding the prohibition against local government regulation of firearms to require repeal of any such ordinances relating to the manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage or transportation of firearms and firearms components, and exempts from sovereign immunity any person in local government, a special district, public or semi-public agency, board, commission or public corporation, making them liable for any ordinance, administrative regulation, executive order, policy, rule or procedure that has the effect of regulating firearms or components, directing that the court “shall” award any party attorneys and expert witness fees. Also makes any public servant who violates the law subject to criminal penalties.

HB 513 (Horlander and Miller)(H. NR Env)

Would allow the credit for environmental remediation to apply to the renovation or removal of a qualifying industrial building and expand the allowable credit from $150,000 per property to $300,000 per property and $300,000 per qualifying industrial building.

HB 516 (Simpson)(H. State Govt)

Would amend KRS 446.010 to define agency notifications, other than those involving legal rights, as notice by any written means, including electronic mail.

HB 518 (McKee) (H. Rules)(consent)

Would add to the membership of the Waste Tire Working Group one member who is a magistrate or commissioner and one member who is a county judge/executive.

HB 521 (Thompson)(H. State Govt)(posted)

Would allow agencies to use any form of notification – governmental, commercial, or electronic, to provide notice except for notice relating to legal rights, for which certified or registered mail must be used.

HB 523 (York)(H. State Govt)

Would amend open records law to require copy of draft minutes of agency meetings to be available within two days following meeting. Would require draft minutes to be posted on web as well.

HB 535 (Waide)(House Elections)

Proposed constitutional amendment would amend Section 14 of the Kentucky Constitution to authorize adoption of a law that would provide a review panel for professional malpractice claims and limit access to courts for claims deemed frivolous by that panel.

HB 556 (Thompson)(H. Tourism)(posted)

Would create a new section of KRS Chapter 278 to require the General Assembly's best efforts in retaining low electric power rates for aluminum smelters.

HB 559 (Adkins and several others)(H. Rules)(consent)

Would clarify that the moratorium on construction of new nuclear fission power plants does not preclude several nuclear-related technologies, including closed loop fuel cycle plants designed to assist in conversion of coal and gas to fuel. KRC drafted the language in the bill at the request of House Leadership.

HB 560 (Combs and Stumbo)(H. State Govt)(posted)

Would allow the Attorney General to recover expert witness fees in cases on behalf of consumers before the Public Service Commission and other rate-making bodies.

HB 561 (Combs and Stumbo)(H. Tourism)

Would allow the Energy and Environment Cabinet to develop regulations under the Water Well Certification Program to establish standards for drilling geothermal boreholes and installing geothermal systems; require the administrative regulations to include annually recurring certification requirements for geothermal borehole drillers.

House Resolutions

HR 1 (Adopted)

Rules of procedure for the House for the Regular 2012 Session.

HJR 11 (Steele) (S. Rules)(consent)

Joint resolution that would encourage incorporation of improvements to sewer infrastructure and elimination of straight pipes into mitigation under the Section 404 program, and would require the Energy and Environment Cabinet to work with the University of Kentucky and University of Louisville to develop a method of evaluating the value of straight pipes and sewer projects to the overall mitigation requirement.

HCR 12 (Steele)(H. NR Env)(posted)

A proposed concurrent resolution expressing concern about the Office of Surface Mining Reclamation and Enforcement's stream protection rule and asking for objective and scientific data to determine whether regulatory changes are necessary.

HJR 43 (Lee)(H. Elections)

Would “declare state sovereignty over powers not given to the federal government by the United States Constitution” and would “demand that the federal government cease mandates beyond constitutionally delegated powers”.

HR 58 (Jenkins and others) (H. H&W)(posted)

Simple resolution encouraging parents, coaches, and sports officials involved in non-scholastic sports to complete training materials on recognition of the symptoms of a concussion and the protocols for return to play.

HCR 76 (McKee and others)(S. Ag)

Resolution would urge a study of the growth of wild pig populations in Kentucky, addressing in particular the dangers and problems that wild swine present for the state's environment, farmers, landowners, and citizens.

HJR 88 (Denham)(S. Eco Dev.)

Resolution directing Cabinet for Economic Development to conduct a study of the economic development potential of Kentucky's rural areas and a strategy for business growth.

HR 90 (Meeks)

Simple resolution honoring Doug Magee for his years of service with Louisville Legal Aid and Metro Housing Coalition.

HR 99 (Stone and McKee)(Adopted)

Simple resolution urging the Corps of Engineers to consider changing its policy on farmers' access and use of lake water for emergency crop irrigation during drought conditions.

HR 105 (Combs)(adopted)

Would recognize the Kentucky Division of Forestry on the occasion of its 100th anniversary and adjourn in its honor.

HCR 112 (Meeks and McKee) (S. Ag)

Would urge the formation of a task force to study and offer recommendations on establishing an urban agriculture segment in the state.

Senate Bills

SB 8 (Hornback)(S. LO)

Would dissolve administrative bodies created by executive or administrative order 180 days after the Governor’s term expires, unless the body is established by statute prior to that time.

SB 18 (Stivers)(S. State Local Govt)

Would amend Kentucky Constitution Section 33 regarding redistricting and when and how counties may be divided.

SB 22 (Higdon) (S. State Local Govt)

Would place on the ballot an amendment to Sections 36 and 42 of the Constitution of Kentucky relating to even-year sessions of the General Assembly, to limit even-year sessions to 30 days.

SB 30 (Denton) ((S. Rules)

Would propose constitutional amendment to eliminate office of the Constable.

SB 34 (Palmer) (S. NR Energy)

Would amend KRS 433.890 to provide for the identification of sellers of nonferrous metals and for the payment of nonferrous metal purchases.

SB 51(Thayer) (S. Rules)

Proposed constitutional amendment to abolish the office of Treasurer.

SB 56 (Bowen and others)


SB 59 (Thayer) (S State Local Govt)

Senate Version of Congressional Redistricting Plan

SB 60 (Thayer) (S. State Local Govt)

Senate redistricting plan.

SB 63 (Neal)(S. Judiciary)

Would abolish the death penalty and replace it with life imprisonment without parole for inmates presently sentenced to death.

SB 66 (Stein)(S. State Local Govt)

Would revise current campaign finance and disclosure laws regarding contributions from lobbyists.

SB 67 (Stein)(S. State Local Govt)

Would revise current laws regarding acceptance of food and beverages from lobbyists and make other reforms in disclosure and legislative ethics law

SB 69 (Stein)(S. Judiciary)

Would amend state civil rights law to include protections against discrimination based on sexual orientation and gender identity.

SB 72 (Neal)(S. Judiciary)

Would allow claims for up to $25,000 for each year of wrongful imprisonment against the Board of Claims, retroactive to 1980.

SB 73 (Schickel)(S. Veterans)

Would declare firearms and ammunition manufactured and used in Kentucky as exempt from federal law

SB 78 (Parrett) (S. State Local Govt)

Would amend charter county government process to exempt any city from the plan that did not vote in favor of the plan.

SB 83 (Palmer) (S. Rules, consent)

Would create a water vessel removal assistance fund to be administered by the Kentucky River Authority.

SB 106 (Seum)(S. State Local Govt)

Proposed constitutional amendment to limit odd-year (short) sessions to revenue and appropriations bills and other subjects that may be proposed by the Governor as well as two subjects proposed for consideration by the Senate President and the House Speaker and agreed to by both of them, and require 3/5 votes for revenue bills.

SB 116 (Rhoads)(S. A&R)

Act intended to promote recreational tourism by enabling local recreation and park boards to establish landowner incentive programs for opening private lands for recreation.

SB 119 (Jones)(S. NR Energy)

Would modify manner in which elk quota hunt permits are managed.

SB 120 (Higdon)(S. L&O)

Would amend existing law relating to the Kentucky Housing Corporation and expenditures from the Affordable Housing Trust Fund.

SB 123 (Thayer)(H. Elections)

Would establish standards for referendum petitions under various statutes authorizing referendums.

SB 129 (Clark) (S. Judiciary)

Would legalize medical marijuana in Kentucky.

SB 150 (Buford)(To House)

Would extend to independent sewer entities the power to discontinue sewer service for nonpayment of water bills.

SB 151 (Thayer and others)(Defeated on Senate Floor)

Proposed constitutional amendment would create a new section of the Kentucky Constitution authorizing casino gambling.

SB 157 (Bowen and Givens)(To House)

Would revise current law on administrative regulation development by agencies to address electronic formatting, and make other changes to existing procedures.

SB 158 (Higdon)(S. Rules)

Proposed constitutional amendment to prohibit any authority from burdening actions based on religious beliefs absent a compelling governmental interest using the least restrictive means to further that interest.

SB 159 (Blevins)(S. State Loc Govt)

Proposed constitutional amendment to create state pardon board.

SB 162 (Bowen)(S. Rules)(Consent)

Comprehensive revision of statutes governing registration of geologists, including conferring additional investigative powers on registration board.

SB 164 (Webb)(S. Nat Res. & Energy)

Would require the Department of Fish and Wildlife Resources to establish hunter and bow hunter education certification requirements.

SB 178 (McGaha)(S. State Local Govt)

Would amend the Kentucky Constitution to require that a candidate for Office of County Surveyor possess a Kentucky professional land surveyor license.

SB 182 (Pendleton)(S. Ag)

Would create a new Kentucky Family Farm Program with funding from the agricultural program trust fund moneys for program and amend existing law to set out application process under Kentucky Register of Heritage Farms.

SB 199 (Webb)(S. A&R)

Creates an income tax credit for donated conservation easements, and establishes the Kentucky Mountain Trail Corporation and authorizes establishment of the Kentucky Mountain Region Recreational Area.

SB 202 (Gibson and Bowen)(S. NR & Energy)

Bill reading more like a resolution recognizes the importance of the aluminum industry to Kentucky and the importance of low power rates to that industry, and pledges legislative and Public Service Commission support for keeping rates “as low as possible” for industrial customers.

Senate Bill 204 (Neal)(S. A&R)

Would create a Legislative Advisory Reapportionment and Redistricting Committee staffed by legislators and one appointee of the Governor, and set out policies and process for legislative adoption of the Committee recommendations.

Senate Bill 205 (Neal)(S. A&R)

Proposed constitutional amendment, providing that no redistricting plan be drawn with an intent to favor a political party or an incumbent, and providing that districts be as compact and nearly equal in population as possible.

Senate Bill 210 (Parrett)(S. A&R)

Redistricting bill would create a Kentucky Committee on Redistricting comprised of university faculty members who would develop the plans for redistricting for state and Congressional districts.

Senate Resolutions

SR 2 (Adopted)

Senate rules of procedure for 2012 Regular Session.

SR 138 (Clark)

Simple resolution would urge Congress to pass H.R. 3553, the Genetically Engineered Right to Know Act.
By Kentucky Resources Council on 03/09/2012 5:32 PM
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