2014 GENERAL ASSEMBLY REGULAR SESSION: Bills We're Watching: The Ninth Edition

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2014 GENERAL ASSEMBLY REGULAR SESSION: Bills We?re Watching: The Ninth Edition  Posted: March 7, 2014

This list profiles the environmental, conservation, consumer and general government bills that the Kentucky Resources Council is tracking during the 2014 session.

This year is a “long” session, and began on January 7, 2014, with a scheduled adjournment of April 15, 2014.

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 2014 Session page at http://www.lrc.ky.gov

To find your legislators email, go to http://www.lrc.ky.gov/whoswho/email.htm

The phone number to reach a legislator in person is 502-564-8100 (this is not toll-free).

The toll-free meeting schedule information line is 1-800-633-9650.

The toll-free message line is 1-800-372-7181, to leave a message for a legislator or an entire committee. The TTY message line is 1-800-896-0305. En Espanol, el nombre es 1-866-840-6574. The toll-free bill status number is 1-866-840-2835.

Please note that the Council does not have a position on each bill listed. Some bills are tracked for general interest; others simply to assure that they do not become vehicles for mischievous amendments. We have formatted this update to highlight in the first section, those bills on which KRC has taken a position. Where KRC has taken a position concerning a bill it is indicated with a plus (+) or minus (-). The primary sponsor and current status of the bill are also noted by Committee or chamber.

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
1H. 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 Licensing and Occupations Committee
H. NR Env = House Natural Resources and Environment Committee
H. B&I = House Banking and Insurance Committee
H L&I = House Labor and Industry 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 28 (Yonts)(H. Rules)(+)

Would strengthen code of legislative ethics governing political contributions from employers of lobbyists, require reporting of advertising spent to support or oppose legislation, and limit allowance of food and beverages and cost of attendance for legislators to in-state conferences. Also broadens scope of reporting to include lobbying the General Assembly on administrative regulations.

HB 31 (Tilley)(H. Rules)(+)

House Committee Substitute clarifies that “oil or gas” and “oil and gas products” pipelines do not include natural gas liquids pipelines for purposes of granting eminent domain authority under KRS 278.502.

HB 36 (Wayne)(H. A & R)(+)

Would create a tax credit for noise abatement measures installed in areas subject to an airport’s noise abatement plan.

HB 52 (Watkins)(H. Tourism Dev Energy)(-)

Would eliminate current ban on new nuclear power plants and convert requirement for permanent disposal plan to storage, opening the door for nuclear power plant in Kentucky. KRC believes that lifting the moratorium without first addressing permanent disposal issues is not responsible policy.

HB 60 (Floyd and others)(H. Judiciary)(+)

Would limit eminent domain powers for oil and gas pipelines moving Kentucky-produced oil and gas and refined oil or gas product. This approach would allow in-state oil and gas producers to utilize condemnation even for gathering lines.

HB 63 (Gooch)(H. Tourism Dev Energy)(posted)(-)

Would require retail electric suppliers to maintain a 30-day supply of fuel for electricity generation. Intended to favor coal-fired utilities over other fuels, such as gas, wind, or solar, which are delivered in real time.

HB 195 (Marzian)(H. Tourism Dev Energy)(+)(posted)

Would create renewable energy and energy efficiency standards for retail electric suppliers.

HB 203 (Bell)(H. Transp)(-)

Would create permitting program to allow cutting of trees in public rights-of-way to improve billboard visibility.

HB 230 (Wuchner, Fischer, Harmon)(H. State Govt)(-)

Would delay the effective date of ordinary administrative regulations with a major economic impact until the effective date of legislation ratifying the administrative regulation. Effect of statute could be loss of delegated status for air quality and other regulatory programs, as well as delegated federal benefit programs where changes to federal regulations must be adopted by state in order to retain authority to implement those programs.

HB 235 (Rand)(H. A&R)(posted)(-)

Governor’s proposed executive branch budget for the next biennium.

HB 241 (Jenkins)(H. NR Env)(+)

Would revise state waste rules regarding disposal of coal combustion wastes, and require Emergency Action Plans for all high hazard CCW impoundments.

HB 288 (Wayne and others)(H. NR Env)(+)

Would amend surface coal mining laws to require on-bench disposal of excess spoil where feasible and to require valley fills to be constructed above rather than in waters of the commonwealth. So-called “stream saver bill.

HB 291 (Denham)(S. NR Energy)(+)

Amends current law on siting board for merchant electricity facilities, to require a public meeting on request from state or local officials in order to inform landowners of proposed projects, to clarify that a project with an aggregate capacity of 10 mW is subject to the siting board, to require a preapplication meeting prior to submittal of an application for construction certificate, and to clarify that the setbacks for property boundaries and residential neighborhoods apply to all structures, not just exhaust stacks. Bill passed the House on a 98-0 vote!

KRC worked with the sponsor to narrow the scope of the original bill and to strengthen public involvement.

HB 374 (McKee)(H. Rules)(+)

Would require that any compensation received from the granting of an easement that is part of a Kentucky state park be spent for the improvement or benefit of the state park from which the real property was disposed.

HB 376 (Kay and others)(H. A&R)(posted)(+)

Would establish a qualified conservation contribution income tax credit for donations of conservation easements.

HB 380 (Steele and Gooch)(H. A&R)(-)

Would limit obligation to pay unmined minerals tax to minerals that are under permit, excluding those that are in a mine plan but not yet permitted. HB 380 would cut back the amount of revenue generated from the unmined minerals tax, which supports schools and county governments in coal and oil and gas communities and the state Heritage Land Conservation Fund.

HB 381 (Graham and Damron)(H. Rules)(+)

Would remove for-profit water company representative from Kentucky Infrastructure Authority Board. Committee substitute would add Kentucky Farm Bureau Federation appointee.

HB 387 (Floyd)(H. NR Env)(+)

Would amend current siting board statutes to require anyone constructing a natural gas liquids transmission pipeline apply for a construction certificate from the Kentucky State Board on Electric Generation and Transmission.

HB 394 (Imes)(H. Transp)(-)

Would allow the erection of electronic multiple message signs in areas where billboards are permitted.

HB 417 (Jenkins)H. H&W)(+)

Would create prescription drug drop off program.

HB 491 (Kay)(H. Ag Sm Bus)(+)

Rare Plant Protection Act would establish a database of endangered or threatened plant species and prohibit any person from engaging in an activity which would threaten or harm the species; require the State Nature Preserves Commission to promulgate administrative regulations related to protecting endangered or threatened plant species; exempt ginseng and give permissive authority to exempt commercially propagated species from regulation by State Nature Preserves Commission; create a registry for people that sell endangered or threatened species; require those who sell endangered or threatened plant species to keep records for 2 years; create a certification for those propagating nursery stock of endangered or threatened plant species; prohibit state agencies from undertaking actions that would harms endangered or threatened plant species.

HB 518 (McKee and Quarles)(H. A&R)(+)

Would exempt from sales and use taxes bees used in a commercial enterprise for the production of honey or wax for sale and certain items used in that pursuit.

HB 560 (Hall and Sinnette)(H. Tourism Dev Energy)(-)

Would allow natural gas utility to recover in rates part of the cost of building out infrastructure to fueling stations so that the station may offer natural gas as a vehicle fuel.

HCR 93 (Combs)(H. NR Env)(+)(posted)

Would direct the Legislative Research Commission to 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.

HR 126 (Imes)(H. Transp)(+)

Simple resolution would urge the Transportation Cabinet to withdraw recently filed administrative regulations covering outdoor advertising devices and work with the Interim Joint Committee on Transportation and Economic Development and Tourism to craft regulations with public input prior to the drafting of regulations.

HR 151 (McKee)(Adopted) (+)

Simple resolution would urge the University of Kentucky and Kentucky State University to research the decline of Kentucky's honey bee population.

HCR 171 (Imes)(H. Transp)(+)

Concurrent resolution would urge Transportation Cabinet to withdraw recently filed administrative regulations covering outdoor advertising devices and work with the Interim Joint Committee on Transportation and Economic Development and Tourism to craft regulations with public input prior to the drafting of regulations.

HJR 177 (Bell)(H. Transp)(+)

Would direct the Transportation Cabinet to withdraw recently filed administrative regulations 603 KAR 10:001, 603 KAR 10:010, 603 KAR 10:020, and KAR 10:030 covering outdoor advertising devices and work with the Interim Joint Committee on Transportation and Economic Development and Tourism to craft regulations with public input prior to the drafting of regulations.

SB 1 (Bowen and others)(H. Elections)(-)

Proposed constitutional amendment would allow General Assembly to delegate to a committee the power to stop implementation of a regulation found to be “deficient.” Would alter the current separation of powers in the Kentucky Constitution in order to address an extremely small number of regulations to which the legislative committees have objected during last 14 years. Passed Senate 24-14.

SB 14 (Higdon)(S. Judiciary)(+)

Would restrict use of eminent domain for oil and gas pipelines to utilities regulated by the Public Service Commission.

SB 21 (Higdon)(S. Judiciary)(+)

Senate version of HB 60, would limit eminent domain powers for oil and gas pipelines moving Kentucky-produced oil and gas and refined oil or gas product. This approach would allow in-state oil and gas producers to utilize condemnation even for gathering lines. Not as restrictive as SB 14, the preferred bill.

SB 31 (Schickel)(H. State Govt)(-)

Would prohibit any state or local government from “implementing any part of the United Nations Agenda 21 that is contrary to the United States or Kentucky Constitution, or being a member of or expending any public funds on a group or organization that will implement any part of the United Nations Agenda 21.”

SB 35 (Jones)(S. NR & Energy)(-)

Would increase the number of Commissioners for the Public Service Commission to 7, with one at-large member and others from each Congressional District, and make the positions elected rather than appointed positions beginning in 2016. KRC has historically opposed electing PSC Commissioners due to the lack of evidence from other states that election rather than appointment of Commissioners presents a better outcome for the average ratepayer.

SB 67 (Leeper)(H. NR Env)(-)

Would remove the moratorium on new nuclear plant construction that requires a permanent disposal strategy be in place before licensing, and allow new nuclear plant construction provided that a storage plan was in place.

SB 99 (Hornback)(H. Eco Dev.)(-)

This year’s version of the AT&T bill, would end the obligation to offer basic local exchange phone service for exchanges with 15,000 or more housing units, and for all other exchanges, would allow AT&T, Windstream, and Cincinnati Bell to substitute internet protocol or wireless service in some situations. Would end PSC jurisdiction over consumer cellphone and broadband complaints.

SB 152 (Girdler)(S. NR Energy)(-)

Would allow Kentucky-American Water Co. and other for-profit water providers to include in its rate base the fair market value of public water systems that it acquires, including costs that currently are not allowed to be passed along to customers.

SB 153 (Harris)(S. Rules Consent)(+)

Would amend Kentucky Pollution Prevention Center statute to authorize use of the pollution prevention fund dollars to match federal funds for the purpose of providing energy efficiency technical assistance.

SB 181 (Westerfield)(-)

Would require appeals of planning and zoning decisions to the Circuit Court to reach a final decision within 90 days and to require that appeals from the Circuit Court be accompanied by a supersedeas bond of an amount calculated to offset any losses sustained by an appellee due to an unsuccessful appeal.

Other Bills That KRC Is Tracking

House Bills

HB 1 (Stumbo and others)(S. State Local Govt)

Graduated increase in Kentucky minimum wage.

HB 3 (Overly and others)(H. State Govt)(posted)

Would amend legislative ethics law to require ethics training and education for legislators to include information on sexual and workplace harassment, to make sexual and workplace harassment education mandatory for all legislators, and to eliminate campaign contributions from lobbyists during the General Assembly sessions. Would also require disclosure by legislative agent employers of any expenses for advertising. Would also require development of a job classification, promotion, discipline, and compensation system for LRC employees, and require establishment of policies for a harassment-free workplace.

HB 5 (De. Butler and numerous others)(S. State Govt)

Would create a new section of KRS Chapter 61 to require public agencies and nonaffiliated third parties to implement, maintain, and update security procedures and practices, including taking any appropriate corrective action to safeguard against security breaches.

HB 15 (Steele and Combs)(H. A&R)

Would amend coal severance tax laws to provide that 100% of severance tax collected after July 2013 would be returned to coal-producing counties (50% currently goes into the General Fund) and that the monies would be allocated among the coal-producing counties based on the amount of coal severed or processed in each county.

HB 29 (Burch)(H. Local Govt)

Would require any discretionary fund expenditures to be distinctly specified in the budget ordinance or budget amendment ordinance of the consolidated local government before expenditure.

HB 30 (Crimm)(H. Judiciary)

Would prohibit for two years after conviction or confession to cruelty to animals in the first degree, possession or ownership of any animal of the same species.

HB 35 (Harmon)(H. Elections)(posted)

Would permit a slate of candidates for Governor and Lieutenant Governor to appear on the ballot only in the general election, not in the primary and would require a party's nominee for Governor to designate his or her nominee for Lieutenant Governor no later than the fourth Tuesday following the primary.

HB 39 (Watkins, Meeks)(H. Local Govt)(posted)

Would require that any contract between a local government and a cable television service provider include a provision requiring the cable provider to offer access to channels individually.

HB 41 (Wayne)(H. A&R)(posted)

Would create a state income tax credit for qualifying individuals for tolls paid to cross the Ohio River for work in Indiana.

HB 42 (Kim King)(H. A&R)

Would establishment requirements for General Assembly consideration of any revenue- or appropriation-related measure.

HB 45 (Kim King)(H. Elections)

Proposed Constitutional Amendment would bar General Assembly members from being compensated for any extraordinary session needed due to failure to pass a budget during regular session.

HB 58 (Imes)(H. Transp)

Would raise speed limit from 55 to 65 mph on 4-lane state highways.

HB 67 (Clark)(H. L&O)

Proposed constitutional amendment allowing casino gambling.

HB 68 (Clark)(H. L&O)

Companion bill to HB 67, would set rules for casino gambling in the Commonwealth if constitutional amendment passes.

HB 70 (Crenshaw)(House refused to concur, to Senate for receding)

Proposed Kentucky Constitution amendment to provide for automatic restoration of voting rights for persons convicted of a felony other than treason, intentional killing, a sex crime, or bribery, after the expiration of probation, final discharge from parole, or maximum expiration of sentence. Senate Committee Substitute significantly limits scope and imposes 5 year waiting period.

HB 72 (Wayne)(H. Judiciary)

Would establish a public financing mechanism for judicial campaigns.

HB 74 (Denham)(H. Transp)

Would require headlights be turned on for 2000 and newer motor vehicles, whenever wipers are needed because of weather.

HB 81 (Riggs)(S. State Govt)

Would create LRC employee work-related incentive program to reward employees suggesting improvements in services or realization of savings in the legislative branch.

HB 82 (Santoro)(H. Labor)

Would amend KRS 339.230 to permit minors over the age of 16 to work until 11 p.m. on days preceding a school day.

HB 85 (Montell)(H. Ed)

Would authorize creation of charter school pilot program of up to 20 such schools over a 5-year period.

HB 91 (Meeks)(H. State Govt)

Would amend current law 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 92 (Meeks)(H. State Govt)

Would create a process to allow a group desiring to be formally recognized as an American Indian tribe to submit a petition to the Kentucky Native American Heritage Commission.

HB 107 (Sinnette)(H. Veterans)(posted)

Act relating to boat dock and marina safety.

HB 115 (Richards)(S. State Govt)

Act relating to timing of local government redistricting.

HB 117 (Imes) Withdrawn

HB 147 (Marzian)(H. Rules)

Would prohibit the manufacture, sale, or distribution of any reusable food or beverage container containing bisphenol-A.

HB 148 (Marzian)(H. L&I)

Would amend current 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 151 (Meeks)(H. Judiciary)

Would amend KRS 65.870 to authorize exceptions to the local firearms ordinances prohibition for ordinances related to firearm safety.

HB 158 (Koenig)(H. Rules, recommitted to H. Elections)

Proposed constitutional amendment allowing the legislative body of a county to choose to abolish the office of constable and also to reestablish that office through an ordinance.

HB 160 (Koenig)(H. Local Govt)

Would amend KRS Chapter 67 to establish a new procedure for the optional consolidation of counties.

HB 167 (Osborne)(S. Judiciary)

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

HB 171 (Marzian and others)(H. Judiciary)(posted)

Would amend state civil rights law to include a prohibition against discrimination because of sexual orientation and gender identity.

HB 173 (Westrom, J. Adams, and Owens)(H. Rules)

Would impose statewide smoking ban on public places and places of employment.

HB 176 (Smart and others)(S. Rules, Consent)

Would amend current law to allow the electronic distribution of open meetings, open records, and records management materials which the local officials must distribute locally.

HB 182 (Dw. Butler)(H. Elections)(posted)

Proposed constitutional amendment to establish an independent commission to set salaries of members of the General Assembly, judges, the Governor, the Lieutenant Governor, the Treasurer, the Auditor of Public Accounts, the Attorney General, the Secretary of State, and the Commissioner of Agriculture, and to require salaries in effect on November 4, 2014, to remain in effect until altered by the commission or by voter referendum.

HB 191 (Coursey)(S. State Local Govt)

Would modify the manner in which state minimum wage for tipped workers is calculated and adjusted.

HB 192 (Yonts)(To Governor)

Would amend current law regarding auditing and reporting by special purpose governmental entities. Would exempt from the definition of “fees,” those costs associated with environmental controls and energy cost adjustments made pursuant to an approved base rate providing for periodic adjustment of costs by a municipal utility purchasing power from TVA. Would also allow audits done to satisfy federal requirements for that power agreement to satisfy state law.

HB 200 (Imes)(H. Elections)

Proposed constitutional amendment to hold the elections of statewide constitutional officers in even-numbered years, every four years, beginning in 2020.

HB 214 (Yonts)(H. A&R)

Would create a local history trust fund and direct how money contributed to the fund may be disbursed and establish an income tax check-off for the local history trust fund.

HB 215 (Kerr and others)(H. Ed)

Would prohibit the implementation of the English language arts and mathematics academic content standards developed by the Common Core Standards Initiative and the science academic content standards developed by the Next Generation Science Standards Initiative, and would direct development of new standards, and would allow local boards of education to adopt standards which differ from or exceed the standards approved by the state board.

HB 216 (Stewart)(H. Transp)(posted)

Would require the Department of Fish and Wildlife Resources to design a flag that could be raised by boaters in the event of an onboard medical emergency, and to encourage it’s use by boaters.

HB 222 (Jenkins)(To Senate)

Would amend current law on euthanasia standards for animal shelters.

HB 228 (Marzian)(S. State Govt)

Would require Governor, when making appointments from submitted lists, achieve as much gender equity as possible in those appointments.

HB 229 (Damron, Gooch, Mills) (S. State Govt)

Would amend requirements for adoption of administrative regulation to require agencies to consider the impact of additional paperwork on regulated entities in order to comply with proposed administrative regulations.

HB 236 (Rand and others)(H. A&R)(posted)

Transportation-related appropriations for next biennium.

HB 237 (Rand and others)(H. A&R)(posted)

2014-2016 Highway Construction Plan.

HB 238 (Rand and others)(H. A&R)(posted)

Judicial Branch Budget for 2014-2016.

HB 250 (Imes)(H. Elections)

Proposed constitutional amendment to set term limits for state House and Senate members.

HB 253 (Rand)(H. A&R)(posted)

Proposed legislative branch for 2014-2016.

HB 260 (Upchurch)(H. Rules)

Would allow an all-terrain vehicle operator 16 years of age or older to cross a public roadway with a posted speed limit of 45 mph or less to get from one ATV trail to another, without protective headgear.

HB 263 (Burch)(S. L&O)

Would revise laws on charitable gaming and establish a registry of individuals who have been disqualified from serving as a volunteer for a charitable organization.

HB 273 (Koenig)(H. Local Govt)(posted)

Intended to address problems in collecting 911 fees from certain mobile services, the bills would amend KRS 65.760 to allow local governments to collect 911 fees from telematics service connections, CMRS service connections, and VoIP service connections.

HB 292 (Pullin)(H. Elections)(posted)

Would establish a single threshold for campaign finance reports.

HB 293 (DeCesare and others)(H. Judiciary)

Would exempt most firearms, ammunition, and firearms accessories made in Kentucky, marked "made in Kentucky," and used in Kentucky from federal law.

HB 298 (Riggs)(H. A&R)

Would amend severance tax statutes to include under “processing” the loading or unloading of limestone not severed in Commonwealth, and allow credit for taxes paid in other states.

HB 300 (Keene and Santoro)(H. Elections)

Would amend current law concerning slating of candidates for Governor and Lt. Governor.

HB 304 (Moore)(H. Judiciary)

Would broaden "Good Samaritan" law and non-liability for emergency care, to apply the law to all persons (even untrained persons) rendering care without remuneration, rather than to named trained persons.

HB 311 (Watkins and others)(H. H&W)(posted)

Would require immunization against human papillomavirus for female children 9 to 16 years of age and male children 10 to 16 years of age entering sixth grade and permit parents to withhold consent for immunization against human papillomavirus for any reason.

HB 313 (Wuchner)(H. State Govt)

Would require that statutorily mandated reports submitted to the Commission be posted and archived in an electronic database accessible to members of the General Assembly and to staff.

HB 314 (Palumbo)(H. Rules, consent)

Comprehensive bill relating to licensing of landscape architects.

HB 328 (Steele, K. Hall)(H. NR Env)(posted)

Would amend KRS 224.10-100 to authorize the secretary or designee to enter into, execute, and enforce reciprocal agreements with other states relating to compliance with KRS Chapters 350, 351, and 352 and the administrative regulations promulgated under those chapters.

HB 330 (Floyd and others)(H. Judiciary)

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

HB 334 (Moore)(H. State Govt)

Would create a Legislative Advisory Reapportionment and Redistricting Commission to develop proposals for legislative, judicial, and congressional redistricting and require the General Assembly to consider the commission's proposal as approved by the Interim Joint Committee on State Government.

HB 335 (Stumbo, Tilley)(H. Judiciary)(posted)

Would create a state false claims act with enhanced civil liability and penalties for committing fraud against the state and would allow the Attorney General or private citizens to sue on behalf of the state to recover those amounts, with some of the proceeds of the action being distributed to the person successfully bringing the action.

HB 336 (Pullin)(H. NR Env)(posted)

Would require a mining permittee to include in the reclamation plan removal of electric distributions installations on the surface including poles, wires, other attachments unless the permittee has been granted an alternative post-mine use that is industrial, commercial, or residential.

HB 342 (St. Onge and others)(H. Judiciary)

Would prohibit a law enforcement agency from using a drone to gather evidence or other information with certain exceptions.

HB 356 (Marzian)(H. NR Env)(posted)

Would require the Energy and Environment Cabinet to promulgate administrative regulations establishing the Commonwealth Conservation Builder voluntary certification program with minimum certification requirements for debris diversion .

HB 369 (Yonts)(S. Judiciary)

Would shorten the statute of limitations for actions on written contracts signed after the effective date of the act, from 15 to 10 years.

HB 388 (Gooch)(S. NR Energy)

Would establish criteria by which the Energy and Environment Cabinet can establish performance standards for the regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units.

HB 390 (Pullin)(H. State Govt)(posted)

Comprehensive revisions to statutes addressing Executive Branch Code of Ethics and lobbyists.

HB 391 (M. King, Stumbo, Glenn, Yonts)(H. A&R)

Would amend existing law to allow for collection of local 911 fees on Voice-over-internet protocol communications and increase the CMRS 911 charge and index it to the consumer price index.

HB 399 (Thompson and many others)(H. Elections)

Proposed constitutional amendment to allow General Assembly to approve any local government to
levy a local option sales and use tax.

HB 403 (Jenkins, Riggs)(H. Rules)

Would expand the authority of land bank authorities and make other changes to authorizing statutes.

HB 404 (Kay)(H. Tourism Dev)

Would allow local governments to establish energy project assessment district programs in order to advance the efficient use of energy and water resources by allowing for energy projects to be financed by assessments imposed on those properties participating in a program.

HB 407 (Combs and others)(H. Rules)

Would allow the use of a public-private partnership as an alternative method to finance a project.

HB 408 (Jenkins and others)(H. Rules)

Would amend existing law to include the owning, possessing, keeping, breeding, training, selling, or transferring of four-legged animals for fighting purposes within the offense of cruelty to animals in the first degree.

HB 409 (Coursey, Tilley)(H. Judiciary)

Comprehensive revisions to amend existing law regarding cruelty to animals

HB 411 (Riggs and others)(H. Rules)

Would require licensed child-care centers to be tested for radon at least once every five years as part of their initial licensure and license renewal and require the most current report to be posted in a public place within the child-care center.

HB 429 (St. Onge and others)(H. Judiciary)

Would invalidate and nullify all federal laws and regulations restricting ownership or possession of firearms and to add persons who have been dishonorably discharged from the Armed Forces of the United States and persons illegally or unlawfully in the United States to the list of persons who shall not possess firearms.

HB 434 (Smart and others)(H. Transp)(posted)

Would revise the list of the noxious weeds to be cleared from state rights-of-way and urge continued university research on noxious weeds and invasive plants.

HB 436 (Hall, Henderson)(H. NR Env)

Would amend existing law to provide that the Department of Fish and Wildlife Resources cannot restrict the right of persons to hunt or train with dogs at night at any time of the year if the hunting or training is done for sport and not for kill, in compliance with the relevant statutes and administrative regulations, and with permission on private property where coyote hunting at night has not been authorized.

HB 441 (Jenkins)(H. H&W)

Would define "genetic engineering" and "in vitro nucleic acid techniques" and create labeling requirements for genetically engineered foods.

HB 443 (Sinnette)(H. Tourism Dev Energy)

Would allow cities to deny utility franchisees the ability to recover from ratepayers the franchise fee by adding a fee or surcharge to the bill and prohibit Public Service Commission from allowing recovery in a rate case.

HB 448 (McKee and others)(H. Rules, consent)

Would allow landowners, their spouses, dependent children, or their designees to kill or trap on their lands any wildlife causing damage to the lands or personal property without a tag.

HB 449 (Harmon and Lee)(H. Elections)

Would apply to Congress to vote for an Article V convention to amend the U.S. Constitution.

HB 450 (Harmon and Lee)(H. Elections)

Would establish process for appointing delegates to an Article V Constitutional Convention for amending the U.S. Constitution.

HB 466 (Hall)(H. Rules)

Would direct the deposit of the petroleum environmental assurance fees imposed on liquefied and compressed natural gas used as alternative transportation fuel into the Kentucky alternative fuel and renewable energy fund to provide funding to Kentucky-based companies that undertake activities to develop and expand the market for using liquefied and compressed natural gas as alternative transportation fuel in Kentucky including development of fueling station infrastructure.

HB 472 (Denham)(H. Judiciary)

Would require forfeiture of ownership of animals directly involved in cruelty in the second degree and forfeiture of ownership of all animals of the same species and prohibit ownership of animals of the same species for up to three years.

HB 474 (Adkins and others)(H. A&R)

Would allow coal mining or processing companies to potentially qualify for sales and use tax incentives offered through the Kentucky Enterprise Initiative Act (KEIA) and income tax incentives offered through the Kentucky Business Investment Act (KBI) and to define terms and direct the Cabinet for Economic Development to work with various foreign trade partners and the Kentucky coal industry to promote increased exports of Kentucky coal.

HB 485 (Hall, Sinnette, Short, Steele)

Would direct the Public Service Commission to promulgate administrative regulations to establish additional utility service shut-off and reconnection protections.

HB 486 (Hall)

Would establish an individual income tax credit for taxable years beginning after December 31, 2016 but before January 1, 2021, for taxpayers who purchase ENERGY STAR manufactured homes.

HB 508 (Westrom)

Amend laws relating to the Kentucky River Authority, to proscribe any two members being from the same county and proscribe any of those members from being an employee, officer, or director of a for-profit water utility.

HB 520 (Steele)(H. Tourism Dev Energy)

Would increase membership on the High-Performance Buildings Advisory Committee from 15 to 16 by appointing a member of the Kentucky Association of Manufacturers require standards and benchmarks to be developed to achieve 10 percent above the standard set by the American Society of Heating, Refrigerating and Air Conditioning Engineers; require standards or codes for construction projects for energy performance to recognize certain forest industry programs; replace LEED and Green Globe with building rating systems or codes; delete reference to LEED design and update the standard for the American Society of Heating, Refrigerating, and Air Conditioning Engineers energy standard.

HB 535 (Riggs)(H. Tourism Dev Energy)

Would increase rated capacity limit of 30 kilowatts to 500 kilowatts for electric generating facilities eligible for net metering electricity.

HB 573 (Adkins and Hall)(H. Tourism Dev Energy)

Would require the Public Service Commission to reconsider previously issued orders that involve multistate transactions if the order involves a multistate transaction that requires approval from another state public utility commission and the out-of-state public utility commission fails to approve the transaction or utility plan; require the Public Service Commission to review its previous order and determine whether the order is still in the public interest of Kentucky ratepayers; provide that the provisions of this Act shall apply retroactively to all Public Service Commission orders issued on or after July 1, 2013.

HB 582 (Quarles and others)(H. Elections)

Would propose to amend Sections 99, 124, and 144 of the Constitution of Kentucky to eliminate the Office of Judge of the County Court in merged city-and-county governments.

HB 584 (Stumbo)(H. Elections)

Proposed constitutional amendment would allow the General Assembly to authorize other forms of gaming by general law; submit to voters with question.

Senate Bills

SB 10 (Thayer, McDaniel)(S. State Govt)

Voter ID law would make Kentucky a “strict” vote ID state by restricting voting based on proof of identity, and eliminating ability of election officers to confirm the identity of each voter by personal acquaintance or by a document, and would create “provisional ballot.”

SB 15 (Neal)(S. State Govt)

Proposed Kentucky Constitution amendment to provide for automatic restoration of voting rights for
persons convicted of a felony other than treason, intentional killing, a sex crime, or bribery, after the expiration of probation, final discharge from parole, or maximum expiration of sentence.

SB 18 (Webb)(S. NR & Energy)

Would prohibit state and local government entities from restricting the donation of game meat taken in Kentucky to or from not-for-profit organizations for the purpose of free meal distribution.

SB 25 (Webb)(S. State Govt)

Would prohibit any unit of local government from having local knife control ordinances, to establish limitations on local action, and require repeal of any local knife ordinance.

SB 27 (McDaniel and Girdler)(H. Elections)

Proposed constitutional amendment to hold the election of the Governor, Lieutenant Governor, Treasurer, Auditor of Public Accounts, Attorney General, Secretary of State and Commissioner of Agriculture, Labor and Statistics in even-numbered years, every four years, beginning in 2016.

SB 33 (Seum)(S. State Govt)

Proposed constitutional amendment to allow casino gambling at no more than seven locations and dedicate ten percent of the revenue to promote equine interests, dedicate the Commonwealth's revenue from gaming to job creation, education, human services, health care, veterans' bonuses, local governments, and public safety.

SB 48 (Carroll)(S. NR & Energy)

Would amend existing law regarding governance of combined electric and water plant boards.

SB 53 (Denton, Harper Angel)(H. Local Govt)

Would confer authority to include subpoena power in urban-county and consolidated local government ethics codes (i.e. Louisville and Lexington).

SB 58 (McDaniel)(H. Elections)(posted)

Proposed constitutional amendment to abolish the office of State Treasurer.

SB 64 (Gregory)(H. Transp)

Would amend current law to permit an all-terrain vehicle operator 16 years of age or older to cross a public roadway with a posted speed limit of 45 mph or less without protective headgear, to get from one ATV trail to another.

SB 70 (Humphries)(S. NR Energy)

Would change definitions for incentives program for state government buildings and state property related to energy conservation to replace references to energy efficiency to energy conservation.

SB 74 (Higdon, Buford)(H. Veterans)

Would provide civil liability protections to licensed professional engineers and licensed architects for negligent acts or omissions while voluntarily provide professional services at the request of officials during or within 90 days after a declared emergency.

SB 77 (Neal)(S. Judiciary)

Would abolish the death penalty and commute sentences to life without parole.

SB 88 (Seum)(S. Veterans)

Would transfer board of health's ability to adopt administrative regulations to the local legislative body, and prohibit a board of health from regulating any part of firearms or ammunition.

SB 91 (Carpenter)(To House)

Would amend KRS 278.380 to allow the Public Service Commission to deliver its orders by electronic transmission unless a party objects in writing.

SB 92 (Humphries)(S. Transp)

Would increase the maximum speed limit to 65 MPH on four-lane state highways that are not interstates or parkways.

SB 102 (Humphries)(S. NR Energy)

Would include geothermal borehole drilling and geothermal vertical closed loop well installation under the regulatory authority of the Cabinet for Energy and Environment and the Kentucky Water Well Certification Board.

SB 117 (Denton, D. Harper Angel, J. Rhoads, R. Thomas)(S. Judiciary)

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

SB 123 (Parrett, Wilson)(H. Tourism Dev Energy)

Would repeal statute requiring individually mailed public notice of sewer rate charges.

SB 131 (Harris)(S. Transp)

Would amend current law to establish a floor for the average wholesale price of gasoline at $2.512/gallon.

SB 135 (Hornback)(S. A&R)

Would propose to amend Kentucky constitution to allow city or county to adopt local sales tax.

SB 138 (Westerfield)(To House)

Would allow service of process to Secretary of State’s office electronically.

SB 139 (Higdon)(S. A&R)

Would appropriate one million dollars each fiscal year from the general fund to the Kentucky Public Transportation Development Fund to be used for the coordination of public transit operating subsidies for veterans who served on active duty and were discharged under honorable conditions.

SB 140 (McGarvey, Harper Angel, Clark, Neal, Thomas)(S. Judiciary)

Would expand civil rights protections under state law to include sexual orientation and gender identity.

SB 144 (Givens)(S. Rules, consent)(-)

Would amend existing law to require the planning commission to make a recommendation on zoning requests within 60 days and would forward requested rezoning to legislative body for action if commission action not taken within 60 days unless timeframe is waived. Would also allow board of zoning adjustment review and revocation of conditional use permits previously issued, in certain circumstances, and allow revocation of conditional use permit if the board is not informed of certain modifications.

SB 146 (Jones, Turner)(S. State Local Govt)

Would require that a person with five years of surface or underground coal mining experience be given preference in state employment.

SB 155 (McGarvey and others)(S. A&R)

Would create a Kentucky earned income tax credit.

SB 160 (Parrett)(S. State Local Govt)

Would create a Committee on Legislative Redistricting, composed of state university faculty appointed by presidents of Kentucky's state universities to develop redistricting plans for state legislative and U.S. Congressional districts.

SB 167 (Harris)(S. Transp)

Would create "Rural transportation planning organizations" in each of the area development districts.

SB 170 (Parrett and Hornback)(S. Ag)

Would revise the list of noxious weeds and invasive plants to be eradicated from the state rights-of-way; provide that the Department of Highways shall promote awareness of the eradication program through the use of electronic media and the Cooperative Extension Service, and give agency authority to add to or delete other plants from the list.

SB 171 (Jones)(S. LO)

Would amend existing law on lobbying to include administrative regulations; and make other changes in reporting law.

SB 195 (Stivers and others)(S. State Govt)

Would propose an amendment to Kentucky constitution to limit General Assembly sessions to five days in odd-numbered years and 45 days in even-numbered years, and to allow the General Assembly to call itself back into session for no more than ten additional days during a particular biennium; propose amendments to Section 42 of the Constitution of Kentucky to establish limits on the numbers of days of legislative sessions, and to require the General Assembly to enact general laws relating to compensation of members during periods of recess and between sessions.

SB 215 (Rhoads and others)

Would raise the minimum wage to $8.20 on the effective date of the bill, then to $9.15 on July 1, 2015, then to $10.10 on July 1, 2016; amend KRS 337.275 to increase tipped employees' minimum wage to $3 per hour on the effective date of the bill, and adding $.95 per year to the minimum until the minimum wage for tipped employees is 70% of the minimum wage; amend KRS 337.010 to raise the exemption for certain businesses from $95,000 to $500,000.

SB 218 (Clark)
Would allow passengers on boats to drink in public, provided that they are not publicly intoxicated.

SB 221 (Gregory, Seum, Westerfield)

Would give the Speaker of the House of Representatives and the President of the Senate standing to intervene in judicial proceedings in which the constitutionality of any Kentucky statute or constitutional provision is challenged; and amend KRS 48.005 to require statewide constitutional officers to inform the court of the public accountability for funds provisions prior to entering into an agreed order in a legal action to which KRS 48.005 applies.

SB 222 (Webb)

Would provide for public funding of Supreme Court elections.

SB 223 (Webb)

Would direct that any funds of any kind that are recovered through judgment or settlement in any legal action filed by the Attorney General or other statewide constitutional officer shall be deposited into the general fund surplus account following any direct consumer restitution ordered by the court.

SB 224 (Schickel and others)

Would prohibit the Kentucky Board of Education and the Kentucky Department of Education from implementing the English language arts and mathematics academic content standards developed by the Common Core Standards Initiative and the science academic content standards developed by the Next Generation Science Standards Initiative.

House Resolutions

HR 1 (Stumbo)(Adopted)

Rules of Procedure for the 2014 Regular Session of the House of Representatives.

HR 12 (Hall)(Adopted)

Simple resolution recognizing the value and potential of the arts and cultural resources in contributing to economic growth in Kentucky.

HCR 17 (Marzian)(H. Rules)

Resolution would urge Congress to propose an amendment to the Constitution of the United States of America to establish reasonable limits on contributions and expenditures in political campaigns and to prohibit noncitizen contributions and expenditures.

HCR 37 (Meeks, Owens)(To Senate)

Would direct the staff of the Legislative Research Commission to study whether counties should be offered the option of conducting elections in centralized voting centers rather than in voting precincts.

HCR 86 (DeCesare)(H. Elections)

Would urge Congress to call constitutional convention for purpose of proposing an amendment to the U.S. Constitution requiring a balanced federal budget.

HCR 160 (Harmon and Lee)(H. Elections)

Would encourage Congress to call for an Article V Convention for amendments to the U.S. Constitution.

Senate Resolutions

SR 2 (Stivers) (Adopted)

Rules of Procedure to govern the 2014 Regular Session of the Senate.

SJR 67 (Carpenter)(S. Rules, recommitted to S NR Energy)

Would require the Kentucky Fish and Wildlife Resources and the Department of Fish and Wildlife Resources Commission to provide equal, nondiscriminatory access to outdoor recreational groups to express opinion, make suggestion, and provide testimony on policy affecting the status of wildlife and wildlife resources of the Commonwealth.

SCR 95 (Neal) (S. Judiciary)

Would urge Congress to propose an amendment to the Constitution of the United States of America authorizing legislation to establish reasonable limits on contributions and expenditures in political campaigns and to prohibit noncitizen contributions and expenditures.

SCR 131 (Neal)(S. Judiciary)

Establish a task force to study the costs of administering the death penalty in Kentucky.
SCR 140 (Clark)

Would encourage Congress to reenact Glass-Steagall Act separating commercial banks from investment and securities trading.

SCR 153 (Neal and others)(S. Judiciary)

Resolution urging Congress to update the coverage formula in the Voting Rights Act of 1965.
By Kentucky Resources Council on 03/07/2014 5:32 PM
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