Legislative Update

March 14, 2016



There are only 14 days remaining in the General Assembly and much work needs to be done. The Democrats picked up three seats in last Tuesday's elections giving them a six seat majority at 53-47. Most things have been on hold pending the results of the election. Now that it's over the pace will quicken considerably. The House is expected to roll it's version of the budget out on Tuesday.

SB 132, the Senate version of P3, is expected to be heard in the Senate Economic Development, Tourism and Labor Cabinet this week.

Below are the bills AIA Kentucky is currently tracking. Rep. Rand introduced HB 424 relating to historic preservation tax credits. The bill will aid a number of projects throughout the state and AIA Kentucky supports this legislation. HB 367 has had a floor amendment filed that will remove the onerous provisions of the bill. It remains posted for passage in the House Orders of the Day. HB 2 and HB 374 concerning the Local Option Sales Tax have passed the House. Their prospects in the Senate are uncertain at this point. AIA Kentucky supports both bills.

          
Greg Brotzge 
AIA Kentucky Lobbyist 
 
Bill Activity Report 
   
Below is the current status of bills AIA Kentucky is tracking.
Report created on March 14, 2016  
HB2
CONSTITUTIONAL AMENDMENT (STUMBO G) AN ACT proposing to amend Section 181 of the Constitution of Kentucky relating to local levies of sales and use taxes.

Propose to amend Section 181 of the Constitution of Kentucky to authorize the General Assembly to confer upon the proper authority of any city or county the power to levy a local option sales and use tax, subject to specifically enumerated conditions and limitations; submit to the voters for approval or disapproval; supply ballot language.
 
Current Status:   
3/11/2016 - (H) THIRD READING; floor amendment (3) withdrawn; passed 60-31
 
   
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
 
   
HB55
CONSOLIDATED LOCAL GOVERNMENTS (WAYNE J) AN ACT relating to planning and zoning in consolidated local governments.

Amend KRS 100.137 to delete language relating to certain cities and their requirements to adopt planning and zoning requirements; amend KRS 100.201, 100.202, and 100.205 to conform.
 
Current Status:   
2/12/2016 - (S) Referred to Committee Senate State and Local Government
 
   
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:   
2/2/2016 - (H) recommitted to committee House Appropriations and Revenue
 
   
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:   
2/4/2016 - (S) Referred to Committee Senate State and Local 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:   
2/1/2016 - (H) WITHDRAWN
 
   
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:   
3/9/2016 - House Local Government, (Bill Scheduled for Hearing)
 
   
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:   
1/25/2016 - (H) posted in 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:   
2/19/2016 - (S) Referred to Committee Senate Licensing, Occupations, and Administrative Regulations
 
   
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:   
2/19/2016 - (S) Referred to Committee Senate 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:   
2/25/2016 - (S) Referred to Committee Senate Licensing, Occupations, and Administrative Regulations
 
   
HB303
EXECUTIVE BRANCH BUDGET (RAND R) AN ACT relating to appropriations and revenue measures providing financing and conditions for the operations, maintenance, support, and functioning of the government of the Commonwealth of Kentucky and its various officers, cabinets, departments, boards, commissions, institutions, subdivisions, agencies, and other state-supported activities.

The State/Executive Branch Budget: appropriate from the General Fund (Tobacco), General Fund, Restricted Funds, Federal Funds, Road Fund, Bond Funds, Agency Bonds, Capital Construction Surplus, Investment Income, Statewide Deferred Maintenance Fund, and other funds, $182,013,700 in fiscal year 2015-2016, $33,287,508,100 in fiscal year 2016-2017, and $32,051,036,100 in fiscal year 2017-2018 as follows: General Government 2015-2016 $22,370,700 2016-2017 $1,504,467,800 2017-2018 $1,538,644,000 Economic Development Cabinet 2015-2016 $975,000 2016-2017 $21,082,900 2017-2018 $22,017,500 Department of Education 2016-2017 $5,015,844,100 2017-2018 $5,006,558,900 Education and Workforce Development Cabinet 2015-2016 $900,000 2016-2017 $833,470,500 2017-2018 $847,236,600 Energy and Environment Cabinet 2016-2017 $244,344,100 2017-2018 $240,848,700 Finance and Administration Cabinet 2016-2017 $874,431,800 2017-2018 $919,630,900 Health and Family Services Cabinet 2015-2016 $111,126,200 2016-2017 $12,952,760,300 2017-2018 $13,442,186,100 Justice and Public Safety Cabinet 2015-2016 $21,157,300 2016-2017 $1,038,865,300 2017-2018 $1,041,148,500 Labor Cabinet 2016-2017 $233,085,300 2017-2018 $237,495,100 Personnel Cabinet 2016-2017 $65,055,000 2017-2018 $66,863,300 Postsecondary Education 2015-2016 $3,054,500 2016-2017 $7,630,081,700 2017-2018 $8,052,714,200 Public Protection Cabinet 2016-2017 $107,373,900 2017-2018 $108,306,900 Tourism, Arts and Heritage Cabinet 2015-2016 $15,880,000 2016-2017 $234,406,800 2017-2018 $238,146,000 Budget Reserve Trust Fund 2016-2017 $153,436,000 2017-2018 $160,960,900 Not included in the above appropriation amounts are capital project amounts as follows: Capital Projects 2015-2016 $6,550,000 2016-2017 $2,378,802,600 2017-2018 $128,278,500.
Full summary can be found in miscellaneous documents.
 
Current Status:   
3/10/2016 - (H) recommitted to committee House Appropriations and Revenue
 
   
HB309
PUBLIC-PRIVATE PARTNERSHIPS (COMBS L) AN ACT relating to public-private partnerships and declaring an emergency.

Amend KRS 45A.030 and 45A.075 and create a new section of KRS Chapter 45A, the Kentucky Model Procurement Code, to provide an explicit framework for the use of public-private partnerships (P3s) as an alternative method of procurement, construction, and financing of capital projects and services by state government; define terms and establish procedures; require the promulgation of administrative regulations relating to P3 procurement; establish certain oversight, reporting, and General Assembly authorization requirements; amend KRS 65.025 and create a new section of KRS Chapter 65 to similarly provide an explicit framework for the use of P3s as an alternative method of procurement by local governments; define terms and establish procedures; establish the Kentucky Local Government Public-Private Partnership Board and require its review and approval of certain P3 agreements proposed by local governments; amend KRS 175B.005, 175B.010, 175B.020, 175B.025 175B.030, 175B.035, 175B.040, 175B.045 and 175B.095 and create a new section of KRS Chapter 175B to provide for the use of P3 procurement pursuant to that chapter as an alternative method for developing, constructing, operating and financing certain major transportation projects; define terms and amend the definition of a project to align with current federal usage; establish procedures and oversight, reporting, and General Assembly authorization requirements; make numerous conforming changes; prohibit any authority from authorizing tolls for any project involving the interstate highway system that connects the Commonwealth with the State of Ohio; EMERGENCY.
 
Current Status:   
2/16/2016 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor
 
   
HB319
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 and excluded in definition of "contracting body"; allow the Government 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 the professional skill or judgment requirement and specifically include contracts for personal or professional services and group health care for public employees and exempt certain health care and hospital contracts from postsecondary research institutions; allow the committee to establish a reporting schedule for exempt personal service contracts and memoranda of agreement; exempt contracts between postsecondary research institutions relating to hospital or health care services provided by the institution, 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 select contracts that are exempted; exempt contracts for $40,000 and under from the request for proposals process, but require three quotes when feasible, and state that determination of feasibility may be reviewed by the secretary of the Finance and Administration Cabinet or the committee; exempt contracts for $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 the requirement for annual reports; delineate the powers of the committee.
 
Current Status:   
3/7/2016 - (S) Referred to Committee Senate State and Local Government
 
   
HB350
LAND CONSERVATION TAX CREDIT (KAY II J) AN ACT relating to income tax credits promoting land conservation.

Create a new section of KRS Chapter 141 to establish a qualified conservation contribution income tax credit; require annual report; amend KRS 141.0205 to provide for the ordering of the credit; amend KRS 146.560 to include the Kentucky Heritage Land Conservation Fund Board in the evaluation of credit applications; amend KRS 262.908 to include the Purchase of Agricultural Conservation Easement (PACE) Corporation Board in the evaluation of credit applications.
 
Current Status:   
2/8/2016 - (H) Referred to Committee House Appropriations and Revenue
 
   
HB365
UNDERGROUND FACILITY PROTECTION (RIGGS S) AN ACT relating to underground facility protection.

Amend KRS 367.4909 to require operators of underground facilities to be members of the Kentucky Contact Center; release excavators from liability for damages to underground facilities of nonmember operators; amend KRS 367.4913 to change the name of the Kentucky Association of Plumbing, Heating-Cooling Contractors to the Kentucky Association of Master Contractors.
 
Current Status:   
3/1/2016 - (H) posted in committee House Veterans, Military Affairs, and Public Safety
 
   
HB366
ROOFING CONTRACTORS (RIGGS S) AN ACT relating to roofing contractors.

Amend KRS 367.628 to prohibit roofing contractors from causing damage to a roof before repair or replacement to increase the scope of repair or replacement and from submitting a claim to an insurer if the roof was not damaged prior to repair or replacement; establish penalties for violations of KRS 367.628; grant enforcement authority to Attorney General.
 
Current Status:   
3/10/2016 - received in Senate
 
   
HB367
ENTITIES REGISTERED WITH SECRETARY OF STATE (RICHARDS J) AN ACT relating to entities registered with the Secretary of State.

Amend KRS 14A.1-070 to define "veteran" and "veteran-owned business"; create a new section of Subchapter 2 of KRS Chapter 14A to exempt veteran-owned businesses from paying filing fees to the Secretary of State's office for filing various business documents; amend KRS 14A.2-060 to exempt a veteran-owned business from paying the filing fee for annual reports and amended annual reports for four years after the initial registration of the business; amend and create various sections of KRS Chapter 273 to modernize statutes regulating nonprofit corporations; amend KRS 275.015 to amend the definition of "nonprofit limited liability company" to comply with statutory requirements; amend KRS 423.010 to enumerate the requirements imposed on an individual applying for a commission as a notary public.
 
Current Status:   
3/14/2016 - (H) Posted for Passage in Regular Orders of the Day; w/HCS 1, HFA 1
 
   
HB374
LOCAL OPTION SALES AND USE TAX (THOMPSON T) AN ACT relating to local option sales and use tax.

Create new sections of KRS Chapter 65 to establish the parameters and requirements for the levy of local option sales and use taxes, if a proposed constitutional amendment allowing such a levy is approved; create a new section of KRS Chapter 139 to establish tax administration provisions; amend KRS 139.570, 139.670, 139.778, 144.132, and 183.525 to conform; amend KRS 131.190 to allow the Department of Revenue to share information related to the local option sales and use taxes with local jurisdictions imposing the tax; provide that the provisions of the Act will be effective on January 1, 2017, only if the proposed constitutional amendment is approved by the voters of the Commonwealth at the November 2016 general election; if the proposed amendment is not approved, the Act is void.
 
Current Status:   
3/11/2016 - (H) THIRD READING, passed 55-36 with Committee Substitute (1)
 
   
HB379
APPRENTICESHIPS (CLARK L) AN ACT relating to apprenticeships.

Create a new section in KRS Chapter 141 to declare a tax credit for the small businesses who have an apprenticeship program; amend KRS 141.0205 to conform; create that new section of KRS Chapter 343 to require the Department of Workplace Standards to certify to the Department of Revenue the small businesses with apprenticeship programs and set out purpose of the tax credit.
 
Current Status:   
2/11/2016 - (H) Referred to Committee House Appropriations and Revenue
 
   
HB422
LOCAL CODE ENFORCEMENT (MEREDITH M) AN ACT relating local code enforcement.

Amend KRS 65.8805 to add to the definition of "local government" and additional definitions; amend KRS 65.8808 to clarify the violations that may be enforced by a code enforcement board; amend KRS 65.8811 to clarify procedures for when a vacancy is not filled; amend KRS 65.8815 to require regular meetings to be set by ordinance for the code enforcement board and permit special or emergency meetings; create a new section of KRS 65.8801 to 65.8839 allow code enforcement boards to appoint hearing officers when authorized by local ordinance and set duties and authorities; amend KRS 65.8821 to strike language relating to hearing officers to make conforming amendment and allow code enforcement officers to serve subpoenas issued by hearing officers; amend KRS 65.8825 to make conforming amendment for the utilization of hearing officers in the enforcement proceeding process, acknowledge the alternative fine availability, allow lienholders to be notified of citations, and establish notice provisions for the issuance of final orders to cited violators; amend KRS 65.8828 to allow notification of lienholders with an interest in subject properties of hearings and establish protocols for final orders for code enforcement boards for orders issued preliminarily by hearing officers; amend KRS 65.8831 to state statutory citations for orders that may be brought to the District Court, clarify that the District Court hears the appeal de novo, and clarify when no appeal is filed with a District Court within 30 days, that the order of the board is final; amend KRS 65.8835 to direct how liens are placed on property for subjects of citations and set out permitted inclusions on the lien itself; create a new section of KRS 65.8801 to 65.8839 to establish a lien notification system for local governments to use to notify interested individuals of the placement of liens upon properties; amend KRS 65.8838 to include "imminent danger" as a condition when a local government may take immediate corrective action; create a new section of KRS Chapter 65 to define various terms and establish various nuisances relating to vehicles and machinery in various states of repair, uninhabited mobile or manufactured homes, rubbish and excessive weeds and grass, to include unsafe structures on properties, as well as set conditions and processes for liens; amend KRS 99.710 to allow the duties assigned a vacant properties commission to be assigned to a local code enforcement board; amend KRS 382.135 to include the full name of the grantor and grantee in with the deed to real property; amend KRS 426.530 to make a conforming amendment for a repeal; create a noncodified section to set construction and effect of certain repealed statutes; repeal KRS 82.700 to 82.725 and 381.770.
 
Current Status:   
2/19/2016 - (H) posted in committee House Local Government
 
   
HB423
REVENUE MEASURES (RAND R) AN ACT relating revenue measures and declaring an emergency.

Amend KRS 224.50-868 to extend the new motor vehicle tire fee until June 30, 2018; allow a one-half of one percent administrative fee to be paid to the Kentucky Infrastructure Authority for the administration of projects; notwithstand KRS 11A.211(5) to increase the executive agency lobbyist registration fee to $199; allow the Auditor of Public Accounts to charge for any additional expenses incurred; require each agency of the Executive Branch to pay an amount required for the operation of the Personnel Board; exempt water withdrawal fees imposed by the Kentucky River Authority from state and local taxes and notwithstand KRS 151.710(10) to direct the use of certain fees; allow the Personnel Cabinet to collect a pro rata assessment from all state agencies, in all three branches of government, supported by the personnel system; notwithstand KRS 304.17B-021(4)(d) to require premium taxes collected under KRS Chapter 136 and the retaliatory taxes collected under KRS 304.3-270 to be credited to the General Fund; provide that Section 2 of the Act is effective only for the next fiscal biennium; EMERGENCY.
 
Current Status:   
3/10/2016 - (H) recommitted to committee House Appropriations and Revenue
 
   
HB424
CERTIFIED REHABILITATION TAX CREDIT (RAND R) AN ACT relating to the certified rehabilitation tax credit for historic properties and declaring an emergency.

Amend KRS 171.396 to increase the certified rehabilitation credit cap to $10 million and divide the cap by establishing a $1 million owner-occupied residential property credit cap and a $9 million credit cap for all other properties; amend KRS 171.397 to provide that the tax credit is available for applications for a preliminary approval received before April 30, 2021, and modify the distribution of the credit from a pass-through entity to its partners, members, or shareholders based on a written partnership or written operating agreement; create new sections of KRS Chapter 171 to establish the catalytic commercial project credit, set out the purposes of the tax credits, and require reporting of data to the Legislative Research Commission; amend KRS 141.0205 to order the income tax credit; create new sections of KRS Chapter 136 to establish credit ordering for credits against the bank franchise tax and the insurance premiums taxes; apply to taxable years beginning on or after January 1, 2017; EMERGENCY.
 
Current Status:   
2/18/2016 - (H) Referred to Committee House Appropriations and Revenue
 
   
HB439
ELECTRICAL WORK (CLARK L) AN ACT relating to electrical work.

Amend various sections of KRS Chapters 227 and 227A to update terminology used to define the scope of the telecommunications exception and make consistent with other state and federal law and the evolution of low-voltage technology; establish a limited low-voltage exception for wireless home surveillance, security alarm, or energy management systems; clarify the applicability of the National Electrical code to unlicensed electrical work; add two members of the low-voltage profession to the Electrical Advisory Committee; require the Department of Housing, Buildings and Construction to establish separate classifications specific to the diverse qualifications and technical needs of the low-voltage industries.
 
Current Status:   
3/10/2016 - (H) posted in committee House Licensing and Occupations
 
   
HB471
PLUMBING (COURSEY W) AN ACT relating to plumbing.

Create a new section of KRS Chapter 318 to establish the Cross Connection Advisory Committee; establish membership, terms of membership, and compensation of members; create a new section of KRS Chapter 318 to define powers of the Cross Connection Advisory Committee; amend KRS 198B.040 to require the Kentucky Board of Housing, Buildings and Construction to promulgate administrative regulations as necessary on the basis of the Cross Connection Advisory Committee recommendations; define "certified backflower tester" for the purposes of initial appointment to the Cross Connection Advisory Committee.
 
Current Status:   
3/2/2016 - House Labor and Industry, (Bill Scheduled for Hearing)
 
   
HB503
LARGE DIAMETER FANS (FLOOD K) AN ACT relating to high-volume large-diameter fans.

Create a new section of KRS Chapter 198B to define "high-volume large-diameter fan" and require standards for high-volume large-diameter fan testing, labelling, and installation.
 
Current Status:   
3/10/2016 - (H) posted in committee House Licensing and Occupations
 
   
HB542
TAX CREDITS (KAY II J) AN ACT relating to tax credits.

Create a new section of KRS Chapter 198A to establish the Kentucky affordable housing credit, which applies to the income and insurance taxes, in an amount related to the amount of federal low-income housing tax credit; limit the total amount of all credits awarded during any year to the greater of 50 percent of the federal low-income housing tax credits awarded on qualified projects or $5,250,000; create a new section of KRS Chapter 141 to allow the income tax credit; amend KRS 141.0205 to order the income tax credit; create a new section of KRS Chapter 136 to order the insurance tax credits.
 
Current Status:   
3/1/2016 - (H) Referred to Committee House Appropriations and Revenue
 
   
HB624
LOCAL GOVERNMENT PROCUREMENT (HARRIS C) AN ACT relating to local government procurement.

Create a new section of KRS 45A.345 to 45A.460 to allow a local public agency to apply a local bidder preference to goods or products, and define terms.
 
Current Status:   
3/2/2016 - (H) Referred to Committee House Local Government
 
   
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:   
2/4/2016 - House Labor and Industry, (Bill Scheduled for Hearing)
 
   
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
 
   
SB132
PUBLIC PRIVATE PARTNERSHIPS (WISE G) AN ACT relating to public-private partnerships and declaring an emergency.

Amend KRS 45A.030 and 45A.075 and create a new section of KRS Chapter 45A, the Kentucky Model Procurement Code, to provide an explicit framework for the use of public-private partnerships (P3s) as an alternative method of procurement, construction, and financing of capital projects and services by state government; define terms and establish procedures; require the promulgation of administrative regulations relating to P3 procurement; establish certain oversight, reporting, and General Assembly authorization requirements; amend KRS 65.025 and create a new section of KRS Chapter 65 to similarly provide an explicit framework for the use of P3s as an alternative method of procurement by local governments; define terms and establish procedures; establish the Kentucky Local Government Public-Private Partnership Board and require its review and approval of certain P3 agreements proposed by local governments; amend KRS 175B.005, 175B.010, 175B.020, 175B.025 175B.030, 175B.035, 175B.040, 175B.045 and 175B.095 and create a new section of KRS Chapter 175B to provide for the use of P3 procurement pursuant to that chapter as an alternative method for developing, constructing, operating and financing certain major transportation projects; define terms and amend the definition of a project to align with current federal usage; establish procedures and oversight, reporting, and General Assembly authorization requirements; make numerous conforming changes; prohibit any authority from authorizing tolls for any project involving the interstate highway system that connects the Commonwealth with the State of Ohio; EMERGENCY.
 
Current Status:   
3/11/2016 - (S) Returned to Committee Senate Economic Development, Tourism, and Labor
 
   
SB135
OFFENDER REENTRY (WESTERFIELD W) AN ACT relating to offender reentry.

Amend various sections of KRS Chapter 335B to modify the process of notifying a person seeking a license of a potential disqualification based on prior convictions and to recognize that some licensure categories may have disqualifications that operate by virtue of federal law; repeal KRS 335B.040.
 
Current Status:   
2/1/2016 - (S) Referred to Committee Senate Licensing, Occupations, and Administrative Regulations
 
   
SB151
TOTAL DISABILITY BENEFITS (WEST S) AN ACT relating to the off-setting of total disability benefits for light duty work.

Amend KRS 342.730 to allow payments of temporary total disability benefits to be offset by wages paid to an employee by an employer for light duty or alternative duty work performed during a period of temporary total disability.
 
Current Status:   
2/23/2016 - (H) Referred to Committee House Labor and Industry
 
   
SB173
GOVERNMENT COMMERCIAL ACTIVITIES (GIRDLER C) AN ACT relating to commercial activities of government.

Create a new section of KRS Chapter 65 to establish procedures for local governments to enter into the retail or wholesale sale of a commercial product; create a new section of KRS Chapter 45 to establish procedures for state entities to enter into the retail or wholesale sale of a commercial product.
 
Current Status:   
3/11/2016 - (H) reassigned to committee House Appropriations and Revenue
 
   
SB190
ECONOMIC DEVELOPMENT (THOMAS R) AN ACT relating to economic development.

Create new sections of KRS Chapter 278 to require retail electric suppliers to use increasing amounts of renewable energy; require retail electric suppliers to take energy-efficiency measures and implement energy-efficiency programs that increase energy savings over a period of time; provide for alternative compliance plans for public utilities that fail to meet renewable energy or efficiency requirements; define renewable energy; specify reporting requirements to the Public Service Commission regarding progress in diversifying energy sources and energy savings; require the Public Service Commission to develop tariff guidelines for purchase of renewable power.
 
Current Status:   
2/19/2016 - (S) Referred to Committee Senate Natural Resources and Energy
 
   
SB230
PROPERTIES (MCGARVEY M) AN ACT relating to blighted and deteriorated properties.

Amend KRS 99.700, relating to blighted and deteriorated properties, to expand findings to include all local government jurisdictions; amend KRS 99.705 to define "alternative government entity," "local government," and "nuisance code"; amend KRS 99.710 to expand the availability of spot condemnation to all forms of local government; allow the duties that could be fulfilled by a vacant property review commission to be assigned to an alternative government entity with a similar mission; amend KRS 99.715, 99.720, 99.725, and 99.730 to conform; create a new section of KRS 99.700 to 99.730 to establish a tax delinquency diversion program for blighted property; amend KRS 416.540 to define "government lien" and "local government" and make technical corrections; amend KRS 416.570 to provide that a petition filed for a condemnation instituted pursuant to KRS 99.700 to 99.730 include certification of the assessment made by the property valuation administrator, a list of all government liens against the property and the amount due, and an estimate of the expense necessary to bring the property up to code; amend KRS 416.580 to provide that the presumed fair market value of property in eminent domain proceedings brought under KRS 99.700 to 99.730 shall be the assessed value as established by the property valuation administrator reduced by the total amount of all government liens and the estimated cost of repairs necessary to bring the property up to code; provide that the presumption may be rebutted by the property owner through submission of an independent appraisal establishing a different fair market value; amend KRS 416.610 and 416.660 to conform; amend KRS 134.128 and 134.504 to reference the tax delinquency diversion program established by Section 8 of the Act; amend KRS 91.285, 92.305, 416.550, 416.600, 416.630, 416.640, and 416.650 to conform.
 
Current Status:   
3/10/2016 - (S) SECOND READING, to Rules
 
   
SB239
ELECTRICIANS (WESTERFIELD W) AN ACT relating to electricians.

Create a new section of KRS Chapter 227A to establish an alternative examination for licensure as an electrician; direct the Department of Housing, Buildings and Construction to conduct the examination at KCTCS locations; forbid the department from authorizing an outside entity to develop, update, or administer the examination; require applicants to attend an electrical education class to be offered on the same day prior to the examination; open the class to individuals who are not sitting for the examination; set a fee of $50 for the class and $50 for the examination; direct the department to promulgate an administrative regulation to administer and regulate the class and the examination; amend KRS 227A.060 to require the department to accept the alternative examination toward electrician licensure.
 
Current Status:   
2/29/2016 - (S) Referred to Committee Senate Licensing, Occupations, and Administrative Regulations
 
   
SB277
FANS (KERR A) AN ACT relating to high volume large diameter fans.

Create a new section of KRS Chapter 198B to define "high-volume large-diameter fan" and require standards for high-volume large-diameter fan testing, labelling, and installation.
 
Current Status:   
3/7/2016 - (S) Referred to Committee Senate Licensing, Occupations, and Administrative Regulations
 
   
SB298
EXPUNGEMENT (STIVERS R) AN ACT relating to expungement.

Create a new section of KRS Chapter 431 to allow expungement of designated Class D felonies; amend KRS 431.076 to allow expungement of felony charges on which the grand jury has not issued an indictment and to allow an appellate court opinion to be redacted to remove the name of a person for whom an expungement has been ordered on the basis of a finding of not guilty or upon a dismissal of the charges; amend KRS 431.078 to allow for expungements of multiple misdemeanors and to prohibit any expungement if it is for an offense subject to a penalty enhancement for a second or subsequent offense; amend KRS 431.079 to conform.
 
Current Status:   
3/11/2016 - floor amendment (1) filed
 
   
Week in Review - 3/11/2016
   
Democrats win three of four special elections, pushing majority to 53-47
Democrats will keep their majority in Kentucky's House of Representatives and their status as the lone Democratic-held legislative body in the South intact after the party won three of four special elections on Tuesday.

Legislation which would create charter schools in Fayette and Jefferson counties passes Senate committee
Once again this year, a bill which would authorize public charter schools primarily for free and reduced lunch students in Fayette and Jefferson counties was passed by the Senate Committee on Education Thursday.

Senate panel approves bills to roll back Kentucky's mine-safety laws
On Wednesday, the 40th anniversary of the Scotia coal mine explosions in Letcher County that killed 26 people, a Senate committee passed two bills to roll back the state's mine-safety laws.

Senate committee narrowly approves bill allowing DNA collection at felony arrest
Legislation allowing the collection of DNA after a felony arrest narrowly cleared a Senate committee on Thursday.

Anti-Dogfighting Bill Passes Kentucky House Committee
A bill that would forbid owning, training or selling a dog to be used for dogfighting has passed a House committee.

Local option sales tax legislation passes House committee
Legislation which would give local communities the option to place an additional sales tax to pay for voter approved local investments has cleared a legislative hurdle on Monday.
 
First day for newly elected representatives will likely include budget vote, Stumbo says
For three Democrats and one Republican joining the House of Representatives in the session's waning weeks, orientation will be more than moving into their Capitol Annex offices and finding their desks on the chamber's floor.

Bill tightening abortion clinic rules advances
The state Senate passed a bill Wednesday to impose new restrictions on abortion clinics, similar to a law from Texas now being challenged in the U.S. Supreme Court.

New radioactive waste ban bill introduced
A newly introduced bill seeks to expand on a long-standing general ban against hauling radioactive waste into Kentucky for disposal.

Should Kentucky license home-birth midwives?
Pregnant with her first child nearly two years ago, Clare Olberz, 31, didn't want to give birth in a hospital like most women. Instead, she decided to a call a midwife -- opting for a birth at home.

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

 

 

 

 

 


HIGHLIGHTS
2016 Legislative Day