Legislative Update

January  14, 2019



Part one of the 2019 short session concluded on Friday, January 11. the House took no action on any legislation the first week. The Senate passed three bills - two dealing with elementary and secondary education and one dealing with abortion.

Most major legislation will not be introduced until the General Assembly reconvenes on February 5, but there are already several pieces of legislation on AIA Kentucky's radar. Chief among these are SB 1 and HB 1, dealing with school safety. As the numbers indicate, this is a top priority for both the House and Senate. We have reviewed SB 1 and found it to our liking. There are a couple of minor changes we will propose, but there is nothing controversial. At the moment, we are still reviewing HB 1.

Our other concern at the moment is the sales tax on nonprofits. Last year's tax bill, combined with a court decision, had the unintended consequence of requiring nonprofits to charge sales tax on admissions to their meetings and events. HB 28 and HB 29 were filed to address this issue. HB 29, which is the likely vehicle, currently only addresses exemptions for 501(c)(3) organizations and would not benefit AIA Kentucky and other organizations that are organized under section 501(c)(6) of the Internal Revenue Code. We are working to expand the bill to include all nonprofits.

Below are the bills that AIA Kentucky is currently tracking. Also, please note that our annual Legislative Breakfast will be held on Wednesday, February 6, from 7:30 a.m. to 9:00 a.m. in the Capitol Annex Cafeteria. We hope that you will register today and join us for this important opportunity to advocate on behalf of your profession!
    
 
Greg Brotzge 
AIA Kentucky Lobbyist 
 
Below is the current status of bills AIA Kentucky is tracking.
Report created on January  14, 2019
  
HB1
SCHOOL SAFETY
(CARNEY J)
AN ACT relating to school safety.
Amend KRS 158.441 to include definitions of school safety and school security; amend KRS 158.442 to include development and implementation of a school safety coordinator training program; specify membership on the Center for School Safety board of directors; amend KRS 158.443 to specify the board of directors is to appoint an executive director, establish all positions of the center, approve a school security risk assessment tool, review the organizational structure of the center and make recommendations; create a new section of KRS Chapter 158 to establish the state school security marshal to be appointed by and report to the Department of Criminal Justice Training; require the marshal to report annually to the Center for School Safety; require development of a school security risk assessment tool; require reporting by school superintendents on completion of the risk assessment annually; require mandatory additional staff training if the risk assessment is not completed; create a new section of KRS Chapter 158 to require school district superintendents to appoint a school safety coordinator; require the school safety coordinator to complete training within six months of appointment; require the coordinator to designate threat assessment teams at each school in the district; require the coordinator to prescribe policies and procedures for an all-hazards approach to school safety; require the coordinator to ensure that all school campuses in their district are toured at least once per school year; create a new section of KRS Chapter 158 to promote the assignment of a school resource officer to each school; require the Kentucky Law Enforcement Council to promulgate administrative regulations to establish school resource officer training and course curriculum; require superintendents to report annually to the Center for School Safety the number and placement of school resource officers in the district; amend KRS 15.330 to conform; amend KRS 158.162 to require all districts to restrict the access to each school building by July 1, 2022; withhold approval of new building construction or expansion approval without compliance; amend KRS 156.095 to require suicide prevention awareness information be provided to students in person, by live streaming, or via video recording; require suicide training provided to staff to include the recognition of signs and symptoms of mental illness; require staff with job duties requiring direct contact with students to receive a minimum of one hour of training annually on responding to an active shooter; create a new section of KRS Chapter 158 to define mental health professional and trauma-informed approach; direct all schools to adopt a trauma-informed approach to education; require by July 1, 2021, as funds become available, each school district to provide a mental health professional for each one thousand five hundred students; require by January 1, 2020, the Department of Education make available a tool kit to assist school districts in developing a trauma-informed approach; require by July 1, 2020, each local board of education to develop a plan for implementing a trauma-informed approach; amend KRS 70.062 to encourage sheriffs to collaborate with local school districts on policies and procedures for communicating instances of student-involved trauma; amend KRS 95.970 to encourage chiefs of police to collaborate with local school districts on policies and procedures for communicating instances of student-involved trauma; create a new section of KRS Chapter 16 to encourage the Department of Kentucky State Police to work with school districts pertaining to school and student safety and emergency response plans and concerns and policies and procedures for communicating instances of student involved trauma; amend KRS 508.078 to include in terroristic threatening in the second degree making false statements by any means for the purpose of causing evacuation, cancellation, or creating fear of bodily harm in schools or among students, parents, or school personnel; create a new section of KRS Chapter 158 to require the Department of Education make available to each school district an anonymous reporting tool; allow the reporting individual to stay anonymous; require information reported be immediately sent to administration of each school district and law enforcement agencies affected; require the Department of Education develop and provide a comprehensive training and awareness program on the anonymous reporting tool; create a new section of KRS Chapter 158 to require principals to provide each school year written notice to all students, parents, and guardians of the provisions of KRS 508.078 and potential penalties under KRS 532.060 and 534.030; create a new section of Chapter 158 to allow the board of directors of any public school district foundation to accept gifts or donations restricted for school security purposes and use them exclusively for the purpose granted; encourage the organization of foundations to support public school districts for which no foundation exists; Act shall be known as the School Safety and Resiliency Act; direct the Office of Education Accountability to conduct a study on the use of guidance counselors' time in schools.
  CURRENT STATUS
1/11/2019 - (H) Referred to Committee House Education

HB15
PENSION INCOME TAXATION
(BLANTON J)
AN ACT relating to the taxation of pension income, making an appropriation therefor, and declaring an emergency.
Amend KRS 141.019 to increase the pension income exclusion from $31,110 to $41,110; declare this Act to apply retroactively for taxable years beginning on or after January 1, 2018; require the Department of Revenue to automatically issue refunds; APPROPRIATION; EMERGENCY.
  CURRENT STATUS
1/10/2019 - (H) Referred to Committee House Appropriations & Revenue

HB27
NONPROFIT SALES TAX EXEMPTION
(KEENE D)
AN ACT relating to exempting admissions to events held by nonprofit organizations from sales and use taxation.
Amend KRS 139.470 to exempt from sales and use tax the sale of admissions to events held by nonprofit organizations and to remove the specific exemption for county fairs to conform; amend KRS 139.200 to conform; apply to transactions occuring on or after July 1, 2019.
  CURRENT STATUS
1/10/2019 - (H) Referred to Committee House Appropriations & Revenue

HB28
NONPROFIT TAXATION EXEMPTIONS
(OSBORNE D)
AN ACT relating to nonprofit exemptions in taxation and declaring an emergency.
Amend KRS 139.495 to exempt from sales and use tax the sale of admissions by nonprofit educational, charitable, or religious institutions; amend KRS 139.200 to add the exemption; amend KRS 132.195 to exempt from property tax leasehold interests in property owned by a purely public charity when the property and income are used to further the purely public charity's mission; EMERGENCY.
  CURRENT STATUS
1/10/2019 - (H) Referred to Committee House Appropriations & Revenue

HB29
SALES AND USE TAX
(MEADE D)
AN ACT relating to the taxation of admissions for sales and use tax.
Amend KRS 139.010 to exclude fees paid to enter or participate in a fishing tournament and fees paid for the usage of a boat ramp from the definition of admissions; apply to fees paid on or after July 1, 2018.
  CURRENT STATUS
1/10/2019 - (H) Referred to Committee House Appropriations & Revenue

HB78
SALES AND USE TAX
(ELLIOTT D)
AN ACT relating to the exemption of certain animal services from sales and use tax.
Amend KRS 139.470 to exempt from sales and use tax pet adoption fees and certain small veteranarian service fees charged by local government animal shelters and nonprofit animal welfare organizations; apply to transactions on or after July 1, 2019.
  CURRENT STATUS
1/10/2019 - (H) Referred to Committee House Appropriations & Revenue

HB135
PUBLIC WORKS PROJECTS
(PRATT P)
AN ACT relating to contracting of public works projects.
Create new sections of KRS Chapter 45A to set guidelines for awarding contracts for public works projects; set forth that public agencies awarding contracts shall not require or prohibit bidders to adhere to agreements with a labor organization relating to a public works project; set restrictions on a public agency in awarding a grant, tax abatement, or tax credit in situations contrary to the provisions of the Act.
  CURRENT STATUS
1/11/2019 - (H) posted in committee House Local Government 

HB146
SOLAR ENERGY
(MEEKS R)
AN ACT relating to solar energy.
Amend KRS 278.010 to define "participating third party" and "power purchase agreement" and to exclude both from the definition of "utility" and "retail electric supplier"; amend KRS 278.465 to include participating third parties and power purchase agreements in the definition of "eligible customer-generator" and "eligible electric generating facility" and to exclude both from the rated capacity limitation; amend KRS 278.466 to require the Public Service Commission to review and approve or deny power purchase agreements; authorize the commission to establish additional rules and requirements regarding participating third parties and power purchase agreements; deny power purchase agreements if the agreement results in rate increases for the retail electric supplier; require contracts for power purchase agreements to be identical to those offered to other customers; allow for eligible customer-generator installations to be transferrable; and amend KRS 278.467 to give original jurisdiction to the commission for disputes concerning power purchase agreements.
  CURRENT STATUS
1/11/2019 - (H) Referred to Committee House Natural Resources & Energy 

SB1
SCHOOL SAFETY
(WISE M)
AN ACT relating to school safety.
Amend KRS 158.441 to include definitions of school safety and school security; amend KRS 158.442 to include development and implementation of a school safety coordinator training program; specify membership on the Center for School Safety board of directors; amend KRS 158.443 to specify the board of directors is to appoint an executive director, establish all positions of the center, approve a school security risk assessment tool, review the organizational structure of the center and make recommendations; create a new section of KRS Chapter 158 to establish the state school security marshal to be appointed by and report to the Department of Criminal Justice Training; require the marshal to report annually to the Center for School Safety; require development of a school security risk assessment tool; require reporting by school superintendents on completion of the risk assessment annually; require mandatory additional staff training if the risk assessment is not completed; create a new section of KRS Chapter 158 to require school district superintendents to appoint a school safety coordinator; require the school safety coordinator to complete training within six months of appointment; require the coordinator to designate threat assessment teams at each school in the district; require the coordinator to prescribe policies and procedures for an all-hazards approach to school safety; require the coordinator to ensure that all school campuses in their district are toured at least once per school year; create a new section of KRS Chapter 158 to promote the assignment of a school resource officer to each school; require the Kentucky Law Enforcement Council to promulgate administrative regulations to establish school resource officer training and course curriculum; require superintendents to report annually to the Center for School Safety the number and placement of school resource officers in the district; amend KRS 15.330 to conform; amend KRS 158.162 to require all districts to restrict the access to each school building by July 1, 2022; withhold approval of new building construction or expansion approval without compliance; amend KRS 156.095 to require suicide prevention awareness information be provided to students in person, by live streaming, or via video recording; require suicide training provided to staff to include the recognition of signs and symptoms of mental illness; require staff with job duties requiring direct contact with students to receive a minimum of one hour of training annually on responding to an active shooter; create a new section of KRS Chapter 158 to define mental health professional and trauma-informed approach; direct all schools to adopt a trauma-informed approach to education; require by July 1, 2021, as funds become available, each school district to provide a mental health professional for each one thousand five hundred students; require by January 1, 2020, the Department of Education make available a tool kit to assist school districts in developing a trauma-informed approach; require by July 1, 2020, each local board of education to develop a plan for implementing a trauma-informed approach; amend KRS 70.062 to encourage sheriffs to collaborate with local school districts on policies and procedures for communicating instances of student-involved trauma; amend KRS 95.970 to encourage chiefs of police to collaborate with local school districts on policies and procedures for communicating instances of student-involved trauma; create a new section of KRS Chapter 16 to encourage the Department of Kentucky State Police to work with school districts pertaining to school and student safety and emergency response plans and concerns and policies and procedures for communicating instances of student involved trauma; amend KRS 508.078 to include in terroristic threatening in the second degree making false statements by any means for the purpose of causing evacuation, cancellation, or creating fear of bodily harm in schools or among students, parents, or school personnel; create a new section of KRS Chapter 158 to require the Department of Education make available to each school district an anonymous reporting tool; allow the reporting individual to stay anonymous; require information reported be immediately sent to administration of each school district and law enforcement agencies affected; require the Department of Education develop and provide a comprehensive training and awareness program on the anonymous reporting tool; create a new section of KRS Chapter 158 to require principals to provide each school year written notice to all students, parents, and guardians of the provisions of KRS 508.078 and potential penalties under KRS 532.060 and 534.030; create a new section of Chapter 158 to allow the board of directors of any public school district foundation to accept gifts or donations restricted for school security purposes and use them exclusively for the purpose granted; encourage the organization of foundations to support public school districts for which no foundation exists; Act shall be known as the School Safety and Resiliency Act; direct the Office of Education Accountability to conduct a study on the use of guidance counselors' time in schools.
  CURRENT STATUS
1/11/2019 - (S) Referred to Committee Senate Education 

SB2
CIVIL ACTIONS
(STIVERS R)
AN ACT relating to civil actions.
Create a new section of KRS Chapter 26A to allow appointment of a special judge in certain civil actions.
  CURRENT STATUS
1/11/2019 - Introduced

SB11
CONSTITUTION OF KENTUCKY
(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 noneconomic 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
1/9/2019 - (S) Referred to Committee Senate State & Local Government 

SB40
BUILDING CODE VIOLATIONS
(MEREDITH S)
AN ACT relating to causes of actions for building code violations.
Amend KRS 198B.130 to allow a court award under KRS Chapter 198B or the Uniform Building Code to include attorney's fees if a certificate of occupancy has not been issued.
  CURRENT STATUS
1/8/2019 - (S) Referred to Committee Senate Licensing, Occupations, and Administrative Regulations 

SB59
SALES AND USE TAX
(SCHICKEL J)
AN ACT relating to a sales and use tax exemption for certain nonprofit entities and declaring an emergency.
Amend KRS 139.010 to define "fundraising"; amend KRS 139.200 to exempt from sales and use tax the sale of admissions by nonprofit educational, charitable, or religious institutions; amend KRS 139.495 to exempt from sales and use tax the fundraising activities done by nonprofit educational, charitable, or religious institutions; amend KRS 139.496 and 139.497 to conform; EMERGENCY.
  CURRENT STATUS
1/10/2019 - (S) Referred to Committee Senate Appropriations & Revenue

Week In Review 
   January 12, 2019     
      
Abortion, School Council Changes On Their Way To The Kentucky House
The first of a series of abortion-related bills unveiled this week sailed through the Kentucky Senate Friday, as lawmakers prepared for a January hiatus. Here's a look at what happened Friday.
WEKU
Kentucky Senators made good use of their last day before the three-week recess.
Spectrum News
Kentucky leaders are sounding less-than-rosy about the prospects for new pension reforms, but they're not throwing in the towel just yet.
WUKY
After a tumultuous year of failed attempts to change one of the country's worst-funded public pension systems, Kentucky's Republican-controlled legislature is hitting the reset button.
Associated Press
The three major Democratic candidates for governor this year all share agreement over their criticism of Gov. Matt Bevin's performance in office the past three years, but have already shown stark differences when it comes to public policy regarding abortion and reproductive rights.
Insider Louisville
A Republican-dominated board of Kentucky lawmakers investigating a Democrat's election by a one-vote margin has obtained 17 unopened absentee ballots from the local county clerk's office.
Associated Press
Kentucky school superintendents would get more power in teacher firings and principal hirings under bills approved Friday by the state Senate.
Lexington Herald-Leader
LEXINGTON, Ky. (AP) - Facing a restless group of challengers in both parties, Kentucky's Republican governor sought to reassure nervous Republicans on Thursday that he would run for a second term in 2019 despite slow-walking a campaign for an election that is less than 11 months away.
Associated Press
Kentucky lawmakers filed a bill Wednesday that sets goals for hiring more resource officers and mental health professionals at schools, mandates suicide prevention training for teachers and staff, and creates the statewide position of "school security marshal."
Louisville Courier-Journal
A small group of Republican lawmakers on Wednesday announced their support for medical marijuana, filing a bill that would allow doctors to prescribe it when they believed it medically appropriate.
Lexington Herald-Leader
FRANKFORT - Abortion is back before Kentucky lawmakers even as two state laws meant to restrict abortion have been struck down in federal court in the past 15 months and a challenge to a third is pending.
Louisville Courier-Journal
Sports gaming has been a hot topic since a Supreme Court decision last year allowed states to legalize gambling on sports such as football and basketball.
WKMS
Owensboro Democrat Jim Glenn won his election to the state House of Representatives this November by just one vote.
Lexington Herald-Leader
Visitors in Kentucky's Capitol Tuesday, the opening day of this year's legislative session, found more security and less freedom to roam around the august building and its annex.
Lexington Herald-Leader
Lawmakers gavel in Tuesday at noon--and when they do a sea of new faces will be there.
Spectrum News
A Republican state legislator who has been in office less than a year announced Tuesday he will run for governor, ensuring Gov. Matt Bevin will have at least one challenger if he makes good on his pledge to seek re-election.
Lexington Herald-Leader
The first Republican to make his candidacy for governor of Kentucky official will not be Gov. Matt Bevin but state Rep. Robert Goforth of East Bernstadt.
Insider Louisville
Former Kentucky State Auditor Adam Edelen officially launched his 2019 gubernatorial campaign Monday, creating a competitive three-way Democratic primary for the chance to presumably challenge Governor Matt Bevin for the highest office in the state.
Lexington Herald-Leader
Questions or comments may be directed to Legislative Chair Eric Steva, AIA, Lobbyist Greg Brotzge or Executive Director Kelly Ives.
 
Kelly E. Ives, AIA
Executive Director
AIA Kentucky
(859) 223-8201
In This Issue
 

 

 

 

 


HIGHLIGHTS 
2018 Legislative Day