Legislative Update

January  08, 2018

The 2018 General Assembly is off to its traditional slow start. Typically in a budget year, the legislature waits until the Governor's budget address and the candidate filing deadline at the end of the month before tackling any major issues. The problem has been compounded this year by the ongoing sexual harassment investigation in the House and the continued impasse on pension reform.
Pensions and the budget are expected to dominate the session. The budget will be austere due to the current revenue shortfall and the need to pump more money into pensions regardless of what type of reform plan ultimately passes.
AIA Kentucky is currently reviewing two pieces of legislation. SB 2 is a constitutional amendment that would give the General Assembly the authority to set limits on liability, including creation of a uniform statue of limitations and a statute of repose. AIA Kentucky has long been in favor of a statute of repose for design professionals as a means of creating certainty in Kentucky's tort system.
The other bill is HB 50 which would place additional limits on professional licenses and require that all licenses be reviewed every 5 years. Similar legislation has shown up in several other states including Indiana.
AIA Kentucky's Legislative Breakfast is scheduled for Thursday, February 8 at 8:00 a.m. All members are encouraged to attend.
Greg Brotzge 
AIA Kentucky Lobbyist 
Below is the current status of bills AIA Kentucky is tracking.
Report created on January 5, 2018

OCCUPATIONAL LICENSING REGULATIONS (NEMES J) AN ACT relating to occupational licensing regulations.

Create new sections of KRS Chapter 12 to define terms; set forth requirements for all occupational licensing regulations established by an agency on or after November 15, 2018; require each agency to conduct a comprehensive review of all occupational licensing regulations under its jurisdiction every five years and to prepare and submit a report of its review to the Legislative Research Commission; establish a process to petition an agency to repeal or modify an occupational licensing regulation; allow a petitioner to appeal an agency's actions or inaction to Circuit Court.
Current Status:   
1/5/2018 - (H) reassigned to committee House Licensing, Occupations, and Administrative Regulations
HISTORICAL PRESERVATION (MORGAN W) AN ACT relating to historical preservation.

Create new sections of KRS Chapter 11 to establish the Kentucky Memorial Preservation Act of 2018; define terms; create standards for preservation; prohibit any person from preventing maintenance of memorials under the jurisdiction of a governmental entity; establish the Committee on Kentucky Monument Protection and provide the structure, process, and membership of the committee; establish the duties of the committee; establish a petition process for a waiver if an entity wants to remove, alter, rename, relocate, or disturb certain significant properties; create certain exemptions; authorize the Attorney General to determine whether an entity responsible for the architecturally significant building, memorial building, memorial school, memorial street, or monument has complied with the provisions of this Act; require the Division of Historic Properties to promulgate administrative regulations under KRS Chapter 13A for the implementation of this Act; amend KRS 11.026 to conform.
Current Status:   
1/2/2018 - (H) Referred to Committee House State Government
PUBLIC PROCUREMENT (DONOHUE J) AN ACT relating to public procurement.

Create new sections of KRS Chapter 45A to set forth findings of the General Assembly and establish 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; define "manufactured in Kentucky," "manufactured in the United States," 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; provide for a waiver of the United States preference requirement; establish 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:   
1/4/2018 - (H) Referred to Committee House State Government
BUILDING INDUSTRY LICENSURE (BECHLER L) AN ACT relating to building industry licensure.

Amend KRS 198B.650 to revise the definitions of "maintenance person or maintenance engineer," "major repair," and "routine maintenance of heating, ventilation, or air conditioning"; amend KRS 198B.658 to change the experience requirement from five years to two years for a master, and from four years to two years for a journeyman; amend KRS 198B.678 to permit a master HVAC contractor to represent more than one firm if specified criteria are met; create a new section of KRS 198B.650 to 198B.689 to require the department to grant a 180-day interim period to allow a company to use the license of a deceased master HVAC contractor; amend KRS 318.054 to require the department to grant a 180-day interim period to allow a company to use the license of a deceased master plumber; amend KRS 227.480 to require the department to grant a 180-day interim period to allow a company to use the license of a deceased electrical contractor; amend KRS 227A.140 to require the department to grant a 180-day interim period to allow a business to use the license of a deceased master electrician.
Current Status:   
1/5/2018 - (H) posted in committee House Licensing, Occupations, and Administrative Regulations
CONSTITUTIONAL AMENDMENT (ALVARADO R) AN ACT proposing an amendment to section 54 of the Constitution of Kentucky.

Propose amendment to Section 54 of the Constitution of Kentucky to allow the General Assembly the power to limit damages for injuries resulting in death or for injuries to persons or property, and to provide a uniform statute of limitations; provide for submission to the voters.
Current Status:   
1/3/2018 - (S) Referred to Committee Senate State and Local Government

Week In Review 
   January 5, 2018     
District 65 Rep. Arnold Simpson, D-Covington, released a statement in a Facebook post late on Sunday night that he will not seek another term in the House.

The state unveiled approximately $9.2 billion in promised corporate investments last year, eclipsing Kentucky's prior record of $5.1 billion in 2015 as Gov. Matt Bevin's administration continues to focus on attracting more business to the commonwealth.

Lawmakers are still working on revisions to a massive bill that would overhaul the state's pension systems, but push-back from public employees and a statehouse sexual harassment scandal have slowed down the process.

Complaint against Kentucky speaker going to bipartisan panel
A special bipartisan committee will decide what to do about a complaint by eight lawmakers seeking to oust Kentucky's GOP House speaker after he secretly settled a sexual harassment complaint with a female legislative aide.

With the all of the turmoil in the House over who is actually the Speaker, former House Majority Floor Leader Rocky Adkins, D-Sandy Hook, says the issue is causing a huge distraction in the body and is undermining the House's ability to get a pension bill or to move forward with any other business.

Pensions were on the mind of legislators as the 60-day 2018 General Assembly session got underway on Tuesday.

With the newly formed committee which will investigate and possibly expel Speaker Jeff Hoover, R-Jamestown, who admitted to settling a claim against him brought by a female staffer in November of 2017, the question has been which six representatives of the House would be members of the committee.

With the November 2019 election less than two years a way, one well known Democrat is still exploring the idea of throwing his hat in the ring for a run for governor.

The bipartisan legislative committee that will be tasked with investigating the disciplinary charge against House Speaker Jeff Hoover will have the power to subpoena people, including Hoover himself, according to state legislators.

GOP nominee Rebecca Johnson said medical marijuana will stop Kentucky's opioid epidemic, one of her first statements in a special election campaign for the 49th House District seat left vacant by her husband, Dan Johnson, who died by suicide last month.
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
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2017 Legislative Day