Legislative Update

January 25, 2016



Week three of the 2016 General Assembly has passed and progress remains slow. Friday was declared a legislative holiday and both Chambers are now adjourned until 4 p.m. on Monday. The filing deadline for candidates in the 2016 election is 4 p.m. next Tuesday, January 26. The Governor's budget address is also Tuesday evening. These two events provide more clarity to the political landscape and we can expect some major legislation to be filed later next week.

This includes the P3 bill, which we expect to be filed next Wednesday in both the House and Senate. A press conference on the bill has been scheduled for 11:30 Wednesday morning. AIA Kentucky is comfortable with the final draft and the Board will consider the matter at its January meeting.

HB 30 and its Senate companion SB 93 have been assigned to the Appropriations and Revenue Committees in their respective chambers. Both would set boundaries on the amount of money that could be swept from agencies such as the Division of HVAC and the Division of Plumbing.

Below are the bills AIA Kentucky is currently tracking. We are monitoring HB 225 which allows veterans to apply their military training towards a professional license. The Kentucky Board of Architects is still reviewing this legislation. We are also reviewing HB 80 concerning open records.
 
Greg Brotzge 
AIA Kentucky Lobbyist 
 
Bill Activity Report 
   

Below is the current status of bills AIA Kentucky is tracking.

Report created on January 22, 2016  

 

HB30
LICENSING FEES (MONTELL B) AN ACT relating to licensing fees and making an appropriation therefor.

Amend KRS 198B.6674, 227.050, and 318.136 to determine excess funds within the Division of Heating, Ventilation, and Air Conditioning, the Division of Plumbing, and the Electrical Division of the Department of Housing, Buildings and Construction; direct excess funds to be used to credit licensing fees; limit any transfer of funds to only excess funds in the account.
 
Current Status:   
1/5/2016 - (H) Referred to Committee House Appropriations and Revenue
 


HB57
TAX INCREMENT FINANCING (KEENE D) AN ACT relating to tax increment financing.

Amend KRS 154.30-060 to expand the definition of "mixed-use" project, and to delete the upper investment limit on a project that can qualify as a mixed-use development project; provide that the provisions of the act are effective for applications received after the effective date.
 
Current Status:   
1/19/2016 - (H) posted in committee House Economic Development
 


HB73
KENTUCKY JOBS (NELSON R) AN ACT relating to Kentucky jobs.

Create new sections of KRS Chapter 336 establish definitions and to require contractors in public works projects over $250,000 to have 51% of its employees be Kentucky residents and 15% of its employees be apprentices in an approved apprenticeship program for the entirety of the project; require, for public works projects under $250,000, contractors to have at least one apprentice in an approved apprenticeship program; require a public authority to include the employment requirements in the bid and contract for the public works project and provide written notice of the requirements; grant the Department of Workplace Standards enforcement authority over violations by public authorities or contractors; amend KRS 336.990 to provide civil penalties for violation; designate the Act as the "Kentucky Jobs Act."
 
Current Status:   
1/13/2016 - (H) posted in committee House Labor and Industry
 


HB80
OPEN RECORDS (HARRIS C) AN ACT relating to open records.

Amend KRS 61.870 to narrow the funding criteria that determines exemptions from the definition of "public agency"in the Kentucky Open Records Act.
 
Current Status:   
1/19/2016 - (H) posted in committee House State Government
 


HB91
GOVERNMENT CONTRACTS (YONTS B) AN ACT relating to government contracts.

Amend various sections in KRS Chapter 45A to expand and refine the list of entities included in definition of "contracting body"; allow the Goverment Contract Review Committee to determine the definition of "governmental emergency"; refine the definition of "memorandum of agreement"; correct references to universities and colleges and institutions of higher education; refine the definition of "personal service contract" to eliminate professional skill or judgment requirement and specifically include contracts for personal or professional services and group health care for public employees; allow the committee to establish reporting schedule for exempt personal service contracts and memoranda of agreement; exempt contracts between postsecondary institutions and health care providers, but require reporting of such contracts; require committee review of all personal service contracts and memoranda of agreement in excess of $1,000,000, except for contracts involving child support collections which are exempted; exempt contracts $40,000 and under from request for proposals process, but require three quotes when feasible, and determination of unfeasibility may be reviewed by the secretary of the Finance and Administration Cabinet or the committee; exempt contracts $40,000 and under not requiring professional skill or judgment from routine review process, but require filing within 30 days for informational purposes; prohibit delegation of decision-making authority by secretary of the Finance and Administration Cabinet, except with respect to institutions of higher education that have elected to implement procurement procedures in accordance with statutory authority; delete requirement for annual reports; delineate powers of the committee.
 
Current Status:   
1/5/2016 - (H) Referred to Committee House State Government
 


HB113
OFFICE OF INSPECTOR GENERAL (RIGGS S) AN ACT creating the Office of Inspector General in the Department for Local Government.

Amend KRS 147A.002 to create the Office of Inspector General within the Department for Local Government; create a new section of KRS Chapter 147A to set duties and authorities of the Office of Inspector General.
 
Current Status:   
1/5/2016 - (H) Referred to Committee House Local Government
 


HB136
ENERGY EFFICIENCY TAX CREDIT (ROWLAND B) AN ACT relating to energy efficiency tax credits.

Amend KRS 141.435 and 141.436 to extend the energy efficiency tax credits for taxable years beginning on or after January 1, 2016, but no later than January 1, 2020, in the case of property used as on-farm poultry or livestock raising facilities.
 
Current Status:   
1/5/2016 - (H) Referred to Committee House Appropriations and Revenue
 


HB159
HEATING AND AIR CONDITIONING SYSTEMS (DONOHUE J) AN ACT relating to heating ventilation and air conditioning systems.

Amend various sections of KRS Chapter 198B to clarify the definitions of "apprentice heating, ventilation, and air conditioning mechanic," distinguish between "routine maintenance" and "major repairs," and establish definitions for "direct supervision" and "general supervision"; include on the Kentucky Board of Heating, Ventilation, and Air Conditioning Contractors one (1) member from the Kentucky Association of Master Contractors, instead of the Kentucky Association of Plumbing-Heating-Cooling Contractors; expand permitting requirements to include replacements, alterations, and major repairs of all HVAC systems that are subject to the Kentucky Building Code, but excluding the Kentucky Residential Code; establish a new licensing exception for the installation of range hood systems that are not connected to or incorporated with an HVAC system, provide more precise references to electrical licensing statutes, and correct the intended scope of the exceptions to exempt applicable licensing requirements; amend KRS 198B.658 to conform.
 
Current Status:   
1/6/2016 - (H) Referred to Committee House Licensing and Occupations
 


HB200
WORKERS COMPENSATION (ROWLAND B) AN ACT relating to workers' compensation subrogation.

Amend KRS 342.700 to add medical benefits to subrogation recovery and delete reference to legal fees and expense.
 
Current Status:   
1/13/2016 - (H) posted in committee House Labor and Industry
 


HB225
OCCUPATIONAL LICENSURE (RICHARDS J) AN ACT relating to occupational licensure for military service members and veterans.

Create a new section of KRS Chapter 12 to require administrative bodies to issue professional licenses or certificates to military service members or veterans within two years of an honorable discharge if the training received by the service member or veteran could reasonably be expected to provide the necessary experience and skills; grant the administrative body the right to deny licensure or certification if training is not equivalent; allow appeal rights; require administrative bodies to promulgate administrative regulations to carry out the provisions of the Act.
 
Current Status:   
1/14/2016 - (H) posted in committee House Veterans, Military Affairs, and Public Safety
 


HB227
PUBLIC PROCUREMENT (DONOHUE J) AN ACT relating to public procurement.

Create new section of KRS Chapter 45A making findings of the General Assembly and establishing policy of the Commonwealth of Kentucky to promote the Kentucky and United States economies by requiring a preference for iron, steel, and manufactured goods produced in Kentucky and the United States; create new section of KRS Chapter 45A defining "manufactured in Kentucky," "manufactured in the United States," "Kentucky," and "United States"; require preference for iron, steel, and manufactured goods made in Kentucky in construction and maintenance contracts and subcontracts; provide for a waiver of the Kentucky preference requirement; require preference for iron, steel, and manufactured goods made in the United States if the Kentucky waiver is granted; and provide for a waiver of the United States preference requirement; create a new section of KRS Chapter 45A establishing a short title of "Kentucky Buy American Act"; amend KRS 45A.343, 45A.352, 65.027, 162.070, 164A.575, 176.080, and 424.260 to require compliance with the "Kentucky Buy American Act."
 
Current Status:   
1/13/2016 - (H) Referred to Committee House State Government
 


HB265
POSTSECONDARY EDUCATION CAPITAL PROJECTS (CLARK L) AN ACT relating to postsecondary educational institution capital projects to be financed with university restricted funds.

Create a new section of KRS 164A.550 to 164A.630 to authorize capital projects undertaken by institutions of higher education using a combination of cash restricted funds, federal funds, and private funds even though the projects are not specifically listed in a branch budget bill; establish conditions under which projects will be authorized.
 
Current Status:   
1/19/2016 - (H) Referred to Committee House Appropriations and Revenue
 


HB272
RADON MITIGATION (THOMPSON T) AN ACT relating to radon mitigation.

Amend KRS 211.9107 to exempt a residential building contractor installing vent pipes from radon mitigation certification requirements.
 
Current Status:   
1/20/2016 - (H) Referred to Committee House Licensing and Occupations
 


SB9
PREVAILING WAGE (SCHRODER W) AN ACT relating to prevailing wage.

Amend KRS 337.010 to exclude the construction of educational buildings and facilities from the definition of "public works" and from meeting the requirements of the prevailing wage law.
 
Current Status:   
1/19/2016 - (H) Referred to Committee House Labor and Industry
 


SB93
LICENSING FEES (HORNBACK P) AN ACT relating to licensing fees and making an appropriation therefore.

Amend KRS 198B.6674, 227A.050, and 318.136 to determine excess funds within the Division of Heating, Ventilation, and Air Conditioning, the Division of Plumbing, and the Electrical Division of the Department of Housing, Buildings and Construction; direct excess funds to be used to credit licensing fees; limit any transfer of funds to only excess funds in the account.
 
Current Status:   
1/19/2016 - (S) Referred to Committee Senate Appropriations and Revenue
 


SB94
PREVAILING WAGE (MCDANIEL C) AN ACT relating to prevailing wage.

Create a new section of KRS 337.505 to 337.550 to allow local governments and special purpose governmental entities to opt out of prevailing wage requirements for public works.
 
Current Status:   
1/19/2016 - (S) Referred to Committee Senate State and Local Government
 


SB105
ELEVATOR MECHANIC LICENSURE (SCHRODER W) AN ACT relating to temporary elevator mechanic licensure.

Amend KRS 198B.4021 to require persons confirmed by a licensed elevator contractor to have a minimum of 24 months of work experience in the elevator industry in construction, maintenance, service, or repair; require persons confirmed by a licensed elevator contractor to have a minimum of two years of education in an apprenticeship program for elevator mechanics or nationally recognized training program in the elevator industry; describe the tasks that may be performed by one who holds a temporary elevator mechanic license; provide that a temporary elevator mechanic license is valid for one year, remains in effect if the temporary licensee stays in an approved training program, and may be renewed once; establish the conditions upon which a temporary elevator mechanic license will expire; authorize the Kentucky Department of Housing, Buildings and Construction to establish a fee for temporary licensure through administrative regulations; require fees payable to the department to be paid in the State Treasury and credited to the elevator safety program trust fund.
 
Current Status:   
1/19/2016 - (S) Referred to Committee Senate Licensing, Occupations, and Administrative Regulations
 


Week in Review - 1/22/2016
    
Two bills which would provide immunity for individuals who break into a vehicle to rescue a child and/or animals who appear to be in danger have passed the Senate Committee on Judiciary.
 
Less than a week before Gov. Matt Bevin gives his formal state budget proposal, Republican Senate President Robert Stivers, Bevin's ally, gave an ominous prediction.
 
Gov. Matt Bevin is asking state workers what matters to them in anticipation of his state budget address next week.
 
Legislation which would alleviate legal liability for a property owner whose tenants dog bites an individual, and a bill which allows vulnerable victims of abuse to testify about continuing patterns of abuse instead of having to remember specific dates cleared the full Senate on Thursday.
 
House Minority Floor Leader Jeff Hoover inched one of his caucus's primary legislative priorities forward with a procedural move on Wednesday, the same day House Speaker Greg Stumbo introduced a bill that would raise the state's minimum wage.
 
A bill granting the Office of the Attorney General a greater role in prosecuting human trafficking offenses unanimously cleared a House committee on Wednesday.
 
Once again, bills have been filed in the Kentucky legislature that would provide a one-time death benefit to help the survivors of fallen employees of emergency medical services.
 
A little over a month into office and Gov. Matt Bevin continues to fill out the members of his inner circle.
 
Gov. Matt Bevin has appointed a veteran farm policy official to the job as the executive director of the Governor's Office of Agricultural Policy.
 
A state Senate committee has passed a bill that would crack down on habitual drunk drivers.
 
Summary
Questions or comments may be directed to Legislative Chair Eric Steva, AIA, Lobbyist Greg Brotzge or Executive Vice President Janet Pike
 
Janet D. Pike, Hon. AIA
Executive Vice President
AIA Kentucky
(859) 223-8201
jpike@aiaky.org
In This Issue

 

 

 

 

AIA KY LEGISLATIVE DAY
February 10, 2016

HIGHLIGHTS
2015 Legislative Day