Legislative Update

February  12, 2018



Valentine's Day will mark the halfway point in the session. There is still no firm date on when a new pension reform bill will be introduced. Budget hearings continue but it will likely be a couple of weeks before the House moves the budget. Tax reform still appears unlikely this session although there are some rumblings about raising revenue.

Rep. Nemes, the sponsor of HB 50 has indicated he no longer intends to move his bill, which would place additional limits on professional licenses and require that all licensing agencies be reviewed every 5 years. Instead he will address his concerns through the larger overhaul that the Public Protection Cabinet is working on.

That bill is at least two weeks away from being filed. Based on discussions with the Public Protection Cabinet, we expect the new proposal to be less sweeping than the one floated over the summer. Board makeup will largely remain as it is but a number of activities will be standardized. The reorganization is being done to bring Kentucky into compliance with the North Carolina Board of Dentistry decision by the U.S. Supreme Court.

AIA Kentucky is opposed to HB 227 which would sharply curtail Kentucky's net metering program and make solar power less attractive. The bill passed out of the House Natural Resources Committee this past week and had its second reading on Friday. At this time there are 16 floor amendments and it's unclear when it will be called on the House floor.

SB 2 passed out of committee last week and received its second reading on Thursday. AIA Kentucky has signed on to a letter in support of SB 2, which is the 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.

AIA Kentucky's Legislative Breakfast on Thursday, February 8 was a huge success. We had 25 legislators, including a number from leadership. Thanks to everyone who attended and made the day a success!

   
 
Greg Brotzge 
AIA Kentucky Lobbyist 
 
Below is the current status of bills AIA Kentucky is tracking.
Report created on February 12, 2018

HB50
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:   
1/19/2018 - (H) posted in committee House Licensing, Occupations, and Administrative Regulations
 
HB54
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
 
HB91
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
 
HB100
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:   
2/7/2018 - (S) Referred to Committee Senate Licensing, Occupations, and Administrative Regulations
 
HB156
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
 
HB198
GOVERNMENT CONTRACTS (NEMES J) AN ACT relating to government contracts.

Create a new section of KRS 45A.690 to 45A.725 to establish standards and rules for the Attorney General when awarding contingency fee personal service contracts for legal services; require the Attorney General to make written findings of the need for a contingency fee contract; set limits on the amount of the contingency fee; require the Finance and Administration Cabinet to post information regarding the contract on its Web site; require the contractor to maintain certain records; require the Finance and Administration Cabinet and the Attorney General to submit a report on all contingency fee contracts to the Government Contract Review Committee by September 1 of each year; amend KRS 45A.695 to require the Attorney General to participate in discussions with contingency fee offerors to determine their qualifications; amend KRS 15.100 to conform.
 
Current Status:   
2/8/2018 - floor amendments (10), (11), and (12) filed to Committee Substitute
 
HB200
EXECUTIVE BRANCH BUDGET (RUDY S) 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: Detail Part I, Operating Budget; appropriate to General Government: 2017-2018: $7,018,500, 2018-2019: $1,704,291,300, 2019-2020: $1,655,441,200; appropriate to the Economic Development Cabinet: 2018-2019: $31,672,600, 2019-2020: $32,384,800; appropriate to the Department of Education: 2018-2019: $4,885,519,300, 2019-2020: $4,885,920,600; appropriate to the Education and Workforce Development Cabinet: 2018-2019: $630,653,700, 2019-2020: $635,306,400; appropriate to the Energy and Environment Cabinet: 2018-2019: $272,522,400, 2019-2020: $280,337,000; appropriate to the Finance and Administration Cabinet: 2018-2019: $932,955,700, 2019-2020: $962,132,700; appropriate to the Health and Family Services Cabinet: 2017-2018: $12,064,200, 2018-2019: $13,902,025,100, 2019-2020: $14,153,724,700; appropriate to the Justice and Public Safety Cabinet: 2017-2018: $22,281,300, 2018-2019: $1,279,407,200, 2019-2020: $1,315,928,100; appropriate to the Labor Cabinet: 2018-2019: $221,768,700, 2019-2020: $221,427,400; appropriate to the Personnel Cabinet: 2018-2019: $66,174,600, 2019-2020: $66,486,800; appropriate to Postsecondary Education: 2018-2019: $7,834,090,600, 2019-2020: $8,200,114,600; appropriate to the Public Protection Cabinet: 2018-2019: $123,723,400, 2019-2020: $122,273,100; appropriate to the Tourism, Arts and Heritage Cabinet: 2017-2018: $8,831,600, 2018-2019: $258,238,600, 2019-2020: $261,409,800; appropriate to the Budget Reserve Trust Fund: 2018-2019: $62,414,100, 2019-2020: $183,378,000; not included in the appropriation amounts are capital project amounts as follows: 2017-2018 $16,500,000, 2018-2019: $2,804,425,500, 2019-2020: $342,579,500; detail Part II, Capital Projects Budget; detail Part III, General Provisions; detail Part IV, State Salary/Compensation, Benefit, and Employment Policy; detail Part V, Funds Transfer; detail Part VI, General Fund Budget Reduction Plan; detail Part VII, General Fund Surplus Expenditure Plan; detail Part VIII, Road Fund Budget Reduction Plan; detail Part IX, Road Fund Surplus Expenditure Plan; detail Part X, Phase I Tobacco Settlement; and detail Part XI, Executive Branch Budget Summary.
 
Current Status:   
1/18/2018 - (H) Referred to Committee House Appropriations and Revenue
 
HB216
PROCUREMENT (PETRIE J) AN ACT relating to procurement.

Amend KRS 61.810 to include selection committees established under KRS Chapters 45A and 56 as exceptions to the open meeting requirements; amend KRS 61.878 to include information identifying members of selection committees and records of the procurement processes established under KRS Chapters 45A and 56 as exceptions to the open record requirements; amend KRS 56.8169 to clarify that KRS 61.810 and 61.878 apply to the selection process for built-to-suit contracts.
 
Current Status:   
1/22/2018 - (H) Referred to Committee House State Government
 
HB217
HOME INSPECTIONS (BRATCHER K) AN ACT relating to home inspections.

Create a new section of KRS Chapter 367 to require home inspectors to be granted access to all areas of a home when conducting an inspection; provide appeal to the Board of Home Inspectors'; require the inspector to notify all realtors involved in the transaction if access is denied; impose a fine not to exceed $500; stipulate that denial of reasonable access to a home inspector is grounds for termination of an offer to buy without recourse against the offeror.
 
Current Status:   
1/22/2018 - (H) Referred to Committee House Licensing, Occupations, and Administrative Regulations
 
HB232
OPEN RECORDS (HARRIS C) AN ACT relating to open records.

Amend KRS 61.870 to make an exception for certain services or functions to the exemption from the definition of "public agency" that excludes services provided resulting from competitive bidding.
 
Current Status:   
1/25/2018 - (H) Referred to Committee House State Government
 
HB296
HVAC LICENSURE (BECHLER L) AN ACT relating to the licensure of heating, ventilation, and air conditioning professionals.

Amend KRS 198B.656 to delete reference to apprentice HVAC mechanic; amend KRS 198B.658 to delete the requirement for the department to issue an apprentice HVAC certificate; amend KRS 198B.674 to remove the reference to apprentice HVAC mechanics; amend KRS 198B.676 to eliminate examination fees for apprentice HVAC mechanics; amend KRS 198B.702 to delete reference to apprentice HVAC mechanics.
 
Current Status:   
2/5/2018 - (H) Referred to Committee House Licensing, Occupations, and Administrative Regulations
 
HB302
REORGANIZATION (BENTLEY D) AN ACT relating to reorganization.

Amend KRS 12.020 and 12.252 to create the Professional Licensing Legal Division within the Public Protection Cabinet; create the Office of Administrative Hearings within the Public Protection Cabinet; confirm Executive Order 2017-325.
 
Current Status:   
2/6/2018 - (H) Referred to Committee House State Government
 
HB312
TAX CREDITS (FLEMING K) AN ACT relating to tax credits and declaring an emergency.

Amend KRS 141.068 to sunset the tax credit and require reporting by the Department of Revenue; amend KRS 141.396 to sunset the tax credit and require reporting by the Department of Revenue; amend KRS 154.20-232 to require reporting by the Cabinet for Economic Development; amend KRS 154.20-234 to sunset the tax credit provisions and to outline the types of investment that may be accepted to qualify for the tax credit; amend KRS 154.20-236 to expand the amount of tax credits awarded to all investors to $5 million, to remove the overall tax combined credit cap of $40 million, to lower the percentage amount awarded to an investor if the qualified investment is outside an enhanced incentive county, and to sunset the tax credit; amend KRS 154.20-238 to allow the qualified investor to make the qualified investment and provide proof of the qualified investment within 80 days following the date of credit approval, including weekend and holidays; amend KRS 154.20-250 to require a report by the Cabinet for Economic Development; amend KRS 154.20-255 to require that the total tax credits for all investors not exceed $3 million in any calendar year, to remove the overall combined credit cap of $40 million, and to sunset the tax credit; amend KRS 154.20-258 to lower the percentage amount awarded to an investor if the qualified investment is outside an enhanced incentive county and increase the percentage amount awarded to an investor if the qualified investment is inside an enhanced incentive county; amend various sections of KRS Chapter 131 and 141 to conform; EMERGENCY.
 
Current Status:   
2/8/2018 - (H) Referred to Committee House Appropriations and Revenue
 
HB319
UNITED STATES MILITARY AND VETERANS OCCUPATIONAL LICENSE (MOORE T) AN ACT relating to occupational licenses for United States military and veterans.

Create a new section of KRS Chapter 12 to require each administrative body that issues a license, permit, certificate, or other document required to operate within a business, profession, or other occupation in the Commonwealth to issue within 30 days a license, permit, certificate, or other document to a United States military service member or veteran who is seeking a license, permit, certificate, or other document and currently holds or recently held a valid equivalent license, permit, certificate, or other document issued by another state, the District of Columbia, or any possession or territory of the United States.
 
Current Status:   
2/8/2018 - (H) Referred to Committee House Veterans, Military Affairs, and Public Protection
 
HCR115
COAL FIRED ELECTRIC PLANTS (BLANTON J) Urge Congress to establish a moratorium on closing coal-fired electric plants and to eliminate subsidies for renewable energy sources.

Urge Congress to establish a moratorium on closing coal-fired electric plants and to eliminate subsidies for renewable energy sources.
 
Current Status:   
2/8/2018 - House Natural Resources and Energy, (Bill Scheduled for Hearing)
 
SB2
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:   
2/8/2018 - (S) SECOND READING, to Rules
 
SB83
FINANCIAL MISMANAGEMENT INVESTIGATIONS (CARROLL D) AN ACT relating to investigations of financial mismanagement.

Amend KRS 45.131 to require the Finance and Administration Cabinet, the Chief Justice, and the Legislative Research Commission to investigate any alleged mismanagement of any of the affairs of the state by any current or former officer, employee, or governing body responsible for carrying out any state function or the management of state funds; amend KRS 45.142 to add KRS Chapter 45A, the Model Procurement Code, to those chapters for which the secretary of the Finance and Administration Cabinet, the Chief Justice, and the Legislative Research Commission, on behalf of their respective departments, shall have certain investigative powers to enforce.
 
Current Status:   
1/18/2018 - (S) Referred to Committee Senate State and Local Government
 
SB86
CAPITAL PROJECTS (HUMPHRIES S) AN ACT relating to capital projects.

Amend KRS 45.750 to increase the dollar minimum from $600,000 to $1,000,000 for the definition of "capital projects" for entities other than institutions of higher education.
 
Current Status:   
2/8/2018 - (H) posted in committee House Appropriations and Revenue
 
 
Week In Review 
   February 9, 2018     
      
Beshear, Bevin Each Claim Stonewalling On Opioid Litigation
After months of back and forth between Gov. Matt Bevin and Attorney General Andy Beshear on how to move forward with lawsuits against opioid distributors and manufacturers, both sides are accusing the other of stalling the process.

Bills Scaling Back Liability Laws Advance In State Legislature
State lawmakers would be able to limit the amount of damages awarded when Kentuckians sue people or companies under a constitutional amendment that passed a legislative committee on Wednesday.

"Democracy dies in several ways," Rep. Jim Wayne, the Louisville Democrat, said this week, in excoriating House leadership for adding three members to a committee "so that it could tilt the vote" for a controversial solar energy bill.

Education and Workforce Development Secretary Hal Heiner told members of the House Budget Review Subcommittee on Primary and Secondary Education and Workforce Development on Wednesday that a skills gap remains in the Commonwealth of Kentucky, particularly when it comes to middle skill jobs.

A bill which would provide help to law enforcement personnel trying to cope with serious and tragic events was passed unanimously by the House Standing Committee on appropriations and Revenue.

Several public school districts may be unable to afford all their expenses this year, prompting state lawmakers to consider offering loans to help them stay solvent amid a debate over Gov. Matt Bevin's proposed cuts to K-12 education.

The federal Bureau of Prisons announced plans last week to eliminate more than 300 vacant employee positions at five prisons in Kentucky, sparking criticism from a Kentucky congressman and union officials who said the cuts put the lives of guards and prisoners in danger.

Tom Jurich's lawyers are seeking help from Bevin to reach a settlement with Louisville
While the University of Louisville was announcing a new law firm and a change in strategy for dealing with Tom Jurich and Rick Pitino last Thursday, Jurich's representatives were in Frankfort seeking help from the governor's office.

A committee in Frankfort that has so far failed to take any votes on a controversial bill to curb solar power in Kentucky will be getting three new members - two Republicans and a coal-country Democrat.

Pregnant Workers' Rights Bill Advances In State Legislature
Kentucky employers would be required to provide workers with "reasonable accommodations" if they become pregnant under a bill that passed out of a legislative committee on Thursday.


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
In This Issue
 

 

 

 

 


HIGHLIGHTS 
2018 Legislative Day