2018 General Assembly Regular Session: Bills We're Watching: Sixth Edition

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2018 General Assembly Regular Session: Bills We?re Watching: Sixth Edition  Posted: February 16, 2018

This list profiles the environmental, conservation, consumer and general government bills that the Kentucky Resources Council is tracking during the 2018 General Assembly Regular Session. This year is a “long” session, and began on January 2, 2018, with a scheduled adjournment of April 13. This summary is complete through end of legislative activity February 16, 2018.

Feel free to forward this to anyone you feel might be interested, and to utilize, reprint or quote from the bill analyses. We ask only that you attribute KRC as the source when you use our analytical material (so we can take all the blame for anything we’ve gotten wrong!)


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For a copy of any bill, visit the Legislature's 2018 Session page at http://www.lrc.ky.gov

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

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

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

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

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

Here’s the key to understanding where a bill is in the process:
H. State Govt = House State Government Committee
H. Ed = House Education Committee
H. Tourism = House Tourism and Outdoor Recreation Committee
H. Elections= House Elections, Constitutional Amendments and Intergovernmental Affairs Committee
H. Veterans= House Veterans, Military Affairs and Public Safety Committee
H. Judiciary = House Judiciary Committee
H. A&R = House Appropriations and Revenue Committee
H. Eco Dev = House Economic Development & Workforce Investment Committee
H. Ag = House Agriculture
H. Sm Bus = House Small Business and Information Technology Committee
H. Local Govt = House Local Government Committee
H. Transp = House Transportation Committee
H. H&FS = House Health and Family Services Committee
H. L&O = House Licensing, Occupations And Adm. Regulations Committee
H. Nat Res Energy = House Natural Resources and Energy Committee
H. B&I = House Banking and Insurance Committee
H. L&I = House Labor and Industry Committee
H. Rules = House Rules Committee

S. State Local Govt = Senate State and Local Government Committee
S. NR Energy = Senate Natural Resources and Energy Committee
S. Ag = Senate Agriculture Committee
S. Judiciary = Senate Judiciary Committee
S. Eco Dev = Senate Economic Development, Tourism and Labor Committee
S. Ed = Senate Education Committee
S. H&W = Senate Health and Welfare Committee
S. L&O = Senate Licensing, Occupations and Administrative Regulations Committee
S. Veterans = Senate Veterans, Military Affairs, and Public Protection Committee
S. B&I = Senate Banking and Insurance Committee
S. Transp = Senate Transportation
S. Rules = Senate Rules Committee

Bills And Resolutions On Which KRC Has Taken A Position

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

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

HB 10 (Imes)(S. State Local Govt)(-)

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

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

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

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

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

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

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

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

Governor’s Executive Branch Budget for 2018-2020.

The proposed Executive Branch Budget damages environmental protection programs in several significant ways under the auspices of balancing the budget. While the cuts provide insignificant savings relative to the overall budget, they will greatly damage the environmental programs; fatally in some cases.

Among the cuts are a zeroing out of any funding for the Kentucky Environmental Education Council, for state nurseries, and for local conservation districts. “Fund transfers,” which is a euphemism for pilfering supposedly dedicated funds, will all but eliminate available monies for the Heritage Land Conservation Fund (from which $2.5 million will be transferred each year), and will slow any reimbursements from the Petroleum Storage Tank Environmental Assurance Fund (from which $11.5 million will be taken each year). The Kentucky Pride Trust Fund, which supports litter abatement and recycling, will lose $2 million each year from transfers.

Included in the Restricted Funds appropriation is $6,800,000 in fiscal year 2018-2019 and $13,600,000 in fiscal year 15 2019-2020 to administer the Consent Decrees in Volkswagen "Clean Diesel" Marketing, 16 Sales Practices, and Products Liability litigation. The funds shall be expended to reduce vehicle air pollution and support public transportation. KRC will be tracking the use of these funds to assure they are used in accordance with the Consent Decree.

The Waste Tire Trust Fund is proposed to be extended to June 30, 2020.

HB 227 (Gooch and others)(H. Rules, with committee sub)(-)

Would amend existing net metering law by devaluing electricity fed back into the grid by a distributed solar customer, effectively eliminating the concept of “net” metering. Under the auspices of requiring that solar customers pay their share of the fixed costs that are lost due to lower volumetric usage of utility-generated power, the bill is the utility industry’s latest effort to throttle distributed solar generation in order to corner the market on renewables with their more-costly solar arrays. The bill is anti-competitive and will result in damage to the growing solar installation industry.

Committee substitute grandfathered existing systems where the property is sold.

HB 254 (Sinnette)(H. Tourism)(+)

Would establish standards for marina and boat dock owners and operators to prevent electrical shocks to persons in boats, in the water, and on docks around the marinas.

HB 261 (Gooch)(H. Nat Res Energy, posted)(+)

Agency bill would revise numerous sections of KRS Chapter 350 and 351 with respect to surface and underground coal mining.

In addition to cleaning up some language, the bill eliminates the option of self-bonding without a surety, which has been problematic in states that have allowed self-bonding.

There had been a problem with the bill appearing to create a new exemption for on-site removal and use of any mineral (including coal) up to 50 tons in a year. Current law only exempts on-site removal and use incident to farming and construction. KRC and the Cabinet agreed upon a language change, which is in the House Committee Substitute, that resolved the problem by limiting on-site use to farming and construction.

HB 293 (Fischer, Riggs, Rowland)(H. Rules with committee substitute)(-)

Would delay access to courts for asbestos claims, requiring the injured to seek compensation from asbestos claim trusts before accessing the courts. Section 14 of the Kentucky Constitution assures access to courts, and establishing barriers or hoops that must be jumped through in order to access the courts is unconstitutional and unfair to those suffering asbestos-related injury and illness. A defendant can already implead a trust for purposes of apportioning compensation for claims, and the burden should not be on the Plaintiff.

HB 322 (Gooch)(H. Local Govt)(-)

Would amend KRS Chapter 100 to allow a party to recover court costs and reasonable attorney's fees when an appeal of an action of an enforcement officer imposing a penalty, or the underlying zoning regulation or ordinance on which basis a monetary penalty is imposed, is finally found to be arbitrary, unenforceable, or unconstitutional. Cost-shifting with respect to attorney’s fees is typically limited to those instances where the agency acts in bad faith. The possibility of paying attorney fees for challenges to zoning ordinances would have a chilling effect on the adoption of zoning and planning.

HB 357 (Bechler)(H. Nat Res Energy)(+)

Would amend utility statutes to include affordability of rates as a consideration in the determination of reasonable rates and allow the Public Service Commission to temporarily reduce return on investment after a temporary loss of billing credits or temporary rate increase. Would also authorize the Public Service Commission to conduct an audit of the performance of new meters of appliances after higher than average customer usage.

HB 370 (Mills, Gooch)(H. Nat Res Energy)(+)

Revisions would revise existing Voluntary Environmental Remediation Act in order to encourage more use of the mechanism for remediating brownfield properties. KRC worked on the revisions, as well as the original bill passed several years ago.

HB 384 (Santoro and others)(Monitor)

Would amend current billboard laws to allow one advertising device to be erected on the premises of a professional sports facility. KRC will be monitoring the bill to assure it does not become a vehicle for more broadly approving multiple message electronic billboards.

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

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

HR 36 (Gooch and others)(+)(Adopted)

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

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

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

HCR 115 (Blanton, Couch, Fugate)(H. Nat Res Energy, posted)(-)

Concurrent resolution urging Congress to establish a moratorium on closing coal-fired electric plants and to eliminate subsidies for renewable energy sources.

HR 154 (Hatton and others)(H. Elections)(+)

Simple resolution urging the United States Congress to pass the Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More (RECLAIM) Act.

SB 2 (Alvarado)(S. Rules)(-)

Proposed constitutional amendment would allow General Assembly to set limits on recovery of noneconomic damages in wrongful death and personal injury actions and to establish uniform statutes of limitations and repose for such actions. Proposal violates both the separation of powers and jural rights doctrines in the Kentucky Constitution, and will lessen accountability of polluters and businesses for occupational injury and pollution-related injuries to person and property.

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

Would prohibit local government regulation of single-use containers and plastic bags used for retail or food/beverage use. As written, would allow a challenge to Metro Louisville’s ban on plastic bags for yard waste. Matters such as this should be reserved to local communities, to whom solid waste management responsibility has long been entrusted in Kentucky.

SB 128 (Carpenter)(S. Rules)(+)

Would provide that the assessments paid by utilities to cover the costs of operation and staffing of the Public Service Commission be credited to the account of the commission instead of the general fund. By making the fees restricted fund, they would be protected from Executive Branch budget reduction directives.

SB 129 (Carpenter)(S. Nat Res Energy)(+/-)

Reorganization of Energy and Environment Cabinet, creating new office of Nature Preserves and combining Wild Rivers, Heritage Land Conservation, and Nature Preserves Commission functions. KRC requested, and the Cabinet made, several revisions. KRC is disappointed to see the Nature Preserves Commission cease to function as an independent entity.

SB 125 (Wilson)(S, Nat Res Energy)(-)

Would establish actions that allow an electric cooperative to modify an electric easement to install communications infrastructure for communications or broadband Internet service; specify the information to be included in the notice from the electric cooperative to the property owner of the electric easement; specify the terms of acceptance by property owner to modify the electric easement; require installation of communications infrastructure be in compliance with National Electric Safety Code; apply cost allocation and division between regulated and unregulated sides; establish right and timing for a cause of action by the property owner against the electric cooperative for damages from modifying the electric easement; require appraisals to be conducted by a licensed appraiser; require appraisal to be at property owner's cost and limit damages to amount to compensate for reduction in value to real property after including any increase in value from provision of broadband Internet service; prohibit additional compensation except for right to subscribe to service; restrict liability in case where the electric cooperative does not provide service in accordance with the plan; establish procedures for disputing appraisals; set requirements for payment of damages.

SB 147 (Jones and Smith)(S. Nat Res Energy)(+)

Would authorize the Kentucky Public Service Commission to consider rates of utilities with economically distressed counties in their service territory, would amend KRS 278. 030 to require the commission to consider whether an increase in rates will have an adverse impact on the citizens of economically distressed counties and cap the rate of return on investment at six percent (6%).

SR 103 (Carpenter and others)(Adopted)

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


House Bills

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

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

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

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

HB 24 (Donohue)(H. Transp)

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

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

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

HB 31 (Wayne)(H. Judiciary)

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

HB 33 (Miller)(S. Transp)

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

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

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

HB 43 (Nemes)(H. Elections, reassigned to H. Judiciary)

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

HB 44 (Nemes)(H. Judiciary, reassigned to H. Elections)

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

HB 46 (Fischer, Rowland)(S. B&I)

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

HB 49 (Nemes)(S. Judiciary)

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

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

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

HB 52 (Huff)(S. Transp)

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

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

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

HB 57 (K. King)(H. Elections)

Constitutional amendment would prohibit members of the General Assembly from receiving legislative pay for a special session that has been called by the Governor because the General Assembly adjourned without passing a state budget.

HB 59 (Watkins)(H. Sm Bus)

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

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

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

HB 72 (King)(H. State Govt, posted)

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

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

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

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

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

HB 77 (Moffett)(H. Rules, defeated in House floor vote 39-50)

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

HB 78 (Kay)(H. State Govt)

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

HB 87 (Moffett)(H. Local Govt)

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

HB 89 (Wayne)(H. Local Govt)

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

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

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

HB 98 (Cantrell, Nemes)(H. Rules, recommitted to H. A&R))

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

HB 106 (Reed)(H. Tourism)

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

HB 114 (Rowland and others)(H. A&R)

Would transfer a portion of the Tennessee Valley Authority (TVA) in-lieu-of-tax payment to the regional development agency assistance fund to be distributed among fiscal court-designated local industrial development authorities for economic development and job creation activities.

HB 118 (McCoy)(H. Ed)

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

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

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

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

Outlines process for voluntary consolidation of counties.

HB 128 (Carney and Marzian)(H. Rules, consent, recommitted to H A&R)

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

HB 130 (Upchurch and others)(S. State Local Govt)

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

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

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

HB 138 (Koenig)(S. State Local Govt)

Would allow joint city-county boards of adjustment.

HB 140 (Hale and others)(S. A&R)

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

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

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

HB 146 (Hale)(To Governor)

Bill ratifying executive order reorganizing Department of Agriculture.

HB 149 (Prunty)(H. Transp)

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

HB 150 (Dossett)(To Governor)

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

HB 151 (Moore)(H. State Govt, posted)

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

HB 153 (Heath and others)(To House for concurrence with Senate amendment)

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

HB 154 (Wells)(H. State Govt)

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

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

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

HB 157 (Imes)(To Governor)

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

HB 163 (Wells)(H. Elections)

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

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

Bill would legalize and regulate medical cannabis for qualifying patients.

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

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

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

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

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

Would repeal charter school authorization statutes enacted during 2017 session.

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

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

HB 189 (Meeks and others)(H. Local Govt)

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

HB 195 (Marzian)(H. Judiciary)

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

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

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

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

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

HB 198 (Nemes)(To Senate)

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

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

Governor’s Transportation Cabinet Budget for 2018-2020.

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

Governor’s 2018-2020 Biennial Road Plan.

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

2018-2020 Judicial Branch Budget Bill.

HB 204 (Rudy)(H. A&R)

2018-2020 Legislative Branch Budget Bill.

HB 205 (Nelson)(H. Ed)

Would repeal statutes regarding charter schools passed in 2017.

HB 212 (Graham)(H. B&I)

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

HB 215 (Tipton)(H. Elections)

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

HB 216 (Petrie)(H. State Govt)

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

HB 221 (Miles and others)(H. Transp)

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

HB 222 (Miles)(H. Judiciary, reassigned to H. Tourism)

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

HB 229 (Miller and others)(H. Elections)

Proposed constitutional amendment allowing legalization of casino gambling and directing proceeds to pension systems.

HB 232 (Harris)(H. State Govt)

Would amend open records law to make an exception for certain services or functions to the exemption from the definition of "public agency" that excludes services provided resulting from competitive bidding. Bill would increase accountability on utility service providers.

HB 233 (Marzian and others)(H. Eco Dev)

Would reestablish prevailing wage law for all public works projects.

HB 237 (Cantrell and others)(H. Eco Dev)

Would delete references restricting rights of public employees to organize, associate collectively, or strike; and to allow public employers to make an agreement with a labor organization to require as a condition of employment membership therein.

HB 240 (Bechler and Reed)(H. Judiciary)

Would require local law enforcement agencies and Kentucky State Police to enforce immigration laws; prohibit local governments from adopting sanctuary policies; withhold state funding from sanctuaries; prohibit postsecondary educational institutions from enrolling, employing, or contracting with illegal aliens; require postsecondary educational institutions to keep records of immigration status; and withhold state funding from postsecondary educational institutions that enroll, employ, or contract with illegal aliens.

HB 241 (DuPlessis, Gooch)(S. Ag)

Would allow the Governor or the Governor's designee to issue a temporary waiver of ASTM specifications for motor fuel during an emergency that disrupts the motor fuel supply.

HB 242 (Herald)(H. Ed)

Would eliminate all existing boards of education and merge all current county and independent school districts into 55 districts.

HB 243 (Herald)(H. Local Govt)

Would mandate consolidation of various counties.

HB 245 (St. Onge)(H. Eco Dev, posted)

Would limit liability of successor corporations for asbestos-related liabilities.

HB 250 (Jenkins and Kay)(H. Elections)

Proposed constitutional amendment would lower eligibility age for members of the General Assembly to 18 from 24.

HB 255 (Sinnette)(H. Tourism)

Would establish a disabled hunter postseason elk quota hunt.

HB 256 (Sinnette)(H. State Govt)

Would standardize the manner in which state agencies compute time, similar to rules of civil procedure.

HB 263 (Heath)(H. Health, posted)

Would amend existing law to change acceptable food products that may be offered by a home-based processor and home-based microprocessor for sale in this state.

HB 276 (Morgan)(H. A&R)

Would redefine " torture" to include deliberate neglect or physical abuse that results in the death of or serious physical injury to a dog or cat; provide for forfeiture of ownership of the dog or cat upon conviction or plea; prohibit future ownership of a dog or cat for one year for a first offense and five years for a second or subsequent offense; require forfeited dogs and cats to be offered to animal rescue organizations or given to county animal shelters; create a new section of KRS Chapter 525 establishing the torture recovery fund; require amounts in the fund to be distributed to county animal shelters.

HB 282 (Wells)(H. Elections)

Would create new sections of KRS Chapter 6 to apply upon the passage of an Article V Application by the General Assembly on the same subject or containing the same proposed amendment text as two-thirds (2/3) of the other states and the United States Congress calling an Article V Convention to provide for establishment of a delegation.

HB 283 (Prunty)(H. A&R)

Would create a tax credit for modifications to homes in order to accommodate mobility individuals with disabilities.

HB 297 (Wayne and Marzian)(H. State Govt)

Would direct the Legislative Research Commission to report each year on gender equality and salaries.

HB 303 (Marzian)(H. Eco Dev)

Would increase minimum hourly wage gradually to $15.00 in 2022.

HB 324 (St.Onge)(H. Judiciary)

Would establish the offense of trespass upon key infrastructure assets.

HB 331 (Dossett)(H. Transp)

Would allow applicant for a new or renewal motor vehicle registration to make a monetary donation of any amount to the Department of Parks.

HB 332 (Cantrell and others)(H. Sm Bus)

Would provide that no telecommunications or Internet service provider shall collect personally identifiable information from a customer as a result of the customer's use of the telecommunications or Internet services without the customer's express written approval.

HB 375 (Riley, Carney)(H. Ed)

Would prohibit use of corporal physical discipline in schools and day cares.

HB 377 (Brown, Owens)

Would amend current laws on expungement to make additional offenses eligible for expungement, and make other changes in expungement laws.

HB 386 (Riley, Carney)

Same as HB 375.

HB 387 (Owens and others)

Would allow consolidated local governments to regulate firearms and ammunition to reduce gun violence.

House Resolutions

HR 2 (Osborne)(adopted)

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

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

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

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

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

HJR 16 (Rudy)(S. Nat Res Energy)

Would make the Mallard the official state game waterfowl.

HCR 18 (Koenig)(H. Transp)

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

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

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

HR 68 (Meeks and Marzian)(H. Local Govt)

Simple resolution urging General Assembly to amend current law to allow consolidated local governments to regulate illegal firearms and ammo.

HJR 74 (Rudy)(H. A&R)

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

HCR 85 (Couch)(H. Transp)

Would direct Economic Development Cabinet to study economic impact of widening the Hal Rogers parkway to four lanes from I-75 to Hazard.

HR 98 (Marzian and others)(H. Elections)

Simple resolution urging 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 100 (Thomas and others)(H. Nat Res Energy)

Concurrent Resolution urging Army Corp of Engineers to maintain the summer pool water level in Kentucky Lake from Memorial to Labor Day.

HR 101 (Cantrell and others)(H. Elections)

Simple resolution to encourage the United States Congress to pass legislation that permits the United States Centers for Medicare and Medicaid Services to negotiate with pharmaceutical companies for fair and reasonable prices on prescription drugs.

HJR 119 (Wells)(H. Elections)

Would make formal application to Congress for an Article V convention for purposes of amending the Constitution to require a balanced budget.

Senate Bills

SB 4 (McDaniel)(H. Elections)

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

SB 8 (D. Carroll)(H. Judiciary, reassigned to H. Tourism)

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

SB 9 (Humphries)(S. A&R)

Would transfer a portion of the Tennessee Valley Authority (TVA) in-lieu-of-tax payment to the regional development agency assistance fund to be distributed among fiscal court-designated local industrial development authorities for economic development and job creation activities.

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

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

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

Would allow for in-person early voting in elections.

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

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

SB 24 (McGarvey)(S. Judiciary)

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

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

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

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

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

SB 54 (Neal)(S. Judiciary)

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

SB 57 (Wise)(H. Judiciary, posted)

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

SB 72 (West and others)(H. State Govt)

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

SB 80 (Seum)(S. Veterans)

Would legalize and regulate cannabis.

SB 87 (Seum)(S. Judiciary)

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

SB 88 (Hornback and others)(H. Local Govt, posted)

Would prohibit General Assembly from imposing requirements on cities that require city to raise taxes or spend money unless fully funded by the General Assembly, or city agrees to the requirements; excluding federal mandates. Floor amendment will address pension impacts on cities.

SB 97 (Girdler)(H. Local Govt)

Would amend existing law regarding city annexation to provide standing to certain individuals to contest annexation of otherwise unpopulated territory; grant the city standing to contest the failed annexation election under KRS 120.250; and set a limit of 2 years to contest the annexation of territory.

SB 104 (Hornback)(S. Rules, consent)

Would amend state natural gas pipeline safety to align penalties with federal penalties and to require reporting of the PSC of damage to underground facilities used to transport gas or hazardous liquids. Provides that assessment of penalties for violations of pipeline safety and reporting is exclusively within the power of the Commission to the exclusion of local and state government.

KRC had some language concerns and worked with PSC Staff to address them. The changes are in the adopted Senate Committee Substitute.

SB 115 Withdrawn

SB 151 (Bowen)(S. Nat Res Energy

Would allow water districts and wastewater districts to contract with other entities to acquire wastewater and stormwater facilities in connection with the acquisition, construction, operation, repair, or maintenance when the entity's facilities are outside of that particular agency's jurisdictional boundaries.

Senate Resolutions

SR 2 (Thayer)(adopted)

Senate Rules of Procedure for 2018 Regular Session.

SR 157 (J. Carroll)(S. Floor)

Simple resolution would honor the 50th anniversary of the Protest Hike, which led to the end of the plan to dam the Red River Gorge, and the award-winning Kentucky Afield Radio documentary "Kentucky's Red November."

SJR 158 (Girdler)(S. Eco Dev)

Joint resolution would direct the Tourism, Arts and Heritage Cabinet to identify historically significant Revolutionary War and Civil War battlefields and to develop a strategy to protect and preserve historic battlefields.
By Kentucky Resources Council on 02/16/2018 5:32 PM
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