Legislative Update

January  15, 2018

The General Assembly has just concluded its second week and is proceeding at a snail's pace. A few bills have made it out of the Senate but the House has not passed any legislation in the first two weeks as they continue to grapple with leadership matters and the ongoing sexual harassment charges. Activity will likely pick up after the Governor's budget address Tuesday evening.

There has been no movement on the two pieces of legislation that AIA Kentucky is currently tracking. 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 15, 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
ENGINEERS AND LAND SURVEYORS (SIMS JR. J) AN ACT relating to the State Board of Licensure for Professional Engineers and Land Surveyors.

Amend KRS 322.230 to allow appointed board members to be removed for cause by the Governor; create a new section of KRS Chapter 322 to establish procedures for removing appointed board members.
Current Status:   
1/10/2018 - (H) Referred to Committee House State Government
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 12, 2018     
Longtime state lawmaker Darryl Owens announced Monday that he will not seek re-election after serving more than a decade in the Kentucky House.

For a second time, Rep. Jeff Hoover, R-Jamestown, has resigned as Speaker of the House of Representatives.

A bill which would which would create a crime Victims' Bill of Rights in the Kentucky Constitution has passed the Senate by a 34-1 vote.

The Kentucky House of Representatives spent most of day seven focused on whether lawmakers should investigate claims against former Speaker of the House Jeff Hoover, R-Jamestown.

The candidates have now been named in the special election to replace Republican Rep. Marie Rader, who resigned from office earlier this year.

One of the Senate's top priorities this year will be a Constitutional amendment which allows lawmakers to address tort reform.

Franklin Circuit Court has dismissed the lawsuit challenging Gov. Matt Bevin's 2016 reorganization of the Kentucky Retirement Systems board but scolded the Bevin administration for its early tactics to enforce that order.
Hoover Lashes Out At State Lawmakers Seeking His Expulsion

State Rep. Jeff Hoover may have stepped down from his position as speaker of the House, but he's not going away quietly.

A bill which would change the election year of Governor, Lieutenant Governor and state Constitutional officers from the current odd numbered year to even numbers years passed the House Committee on Elections, Constitutional Amendments and Intergovernmental Affairs on Monday.
In an era where more is less in Frankfort, Treasurer Allison Ball, R-Kentucky, is finding a craft solution in an attempt to return all remaining General Fund appropriations to the state.

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