Legislative Update

February  25, 2019



Thirteen days remain in the 2019 General Assembly. Taxes and Net Metering continue to be a major focus of concern in the coming week.

HB 354 is the tax legislation that passed in the House last week. The committee substitute included language that exempts all non-profits from paying sales tax on admissions. The goal is now to make sure the Senate retains this language.

SB 100, which is the current version of Net Metering legislation, is back in the House. The Senate refused to concur with the House amendment and has asked the House to recede from their amendment. The bill will likely go to a conference committee to iron out the differences. If the House recedes, we will be left with a very bad net metering law. All members are encouraged to call their Representative and ask them not to recede.

SB1, the School Safety legislation passed the Senate on February 8 and will likely be voted on by the full House this coming week. AIA Kentucky supports SB1.

The latest version of the Boards and Commissions bill (HB178) is still in House Licensing & Occupations. The latest version still has our suggested changes in it. At this point, the bill's prospects are uncertain.

We are opposed to HB498, which would give the Board of Engineers the authority to determine what constitutes the incidental practice of engineering by an Architect. The bill was filed last Wednesday, and we will be meeting with the sponsor this week.

Below is a full list of the bills that AIA Kentucky is tracking.

    
Greg Brotzge 
AIA Kentucky Lobbyist 
 
Below is the current status of bills AIA Kentucky is tracking.
(Report created on February  25, 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
2/6/2019 - House Education, (Bill Scheduled for Hearing)
 
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
2/19/2019 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor
 
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
 
HB178   REOGRANIZATION
(KOENIG A)
AN ACT relating to reorganization.
Establish and create various sections of KRS Chapter 308, relating to Public Protection Cabinet oversight of state occupational boards; define terms; declare policy regarding occupational licensing; list boards that are regulated under KRS Chapter 308; require the Department of Professional Licensing to provide administrative services, technical assistance, personnel staffing, and meeting space to the boards; organize the boards under eight authorities within the department; manage each authority with an executive director; set standards regarding board members, including appointments by the Governor, quorum via majority, and voting eligibility; institute board reimbursement and travel expense rules; direct board officer elections, board member disqualification standards, and semiannual meeting requirements; establish general board powers; require executive director approval before a board may promulgate an administrative regulation; authorize the executive director to hear and issue a final order regarding any board decision that would otherwise be subject to appeal; allow an aggrieved party to appeal an executive director's final order to the Circuit Court; instruct boards to keep a register of licensees and make an annual report to the Governor and the Legislative Research Commission; establish rules for board review of license applications and board-administered examinations; require a licensee to report criminal convictions to the licensee's board; immunize board members, staff, legal counsel, and other persons from civil liability for conduct that is taken in good faith and is within the scope and arising out of the performance of their duties; direct the boards to send licensees a thirty-day notice of expiration both before and after the expiration occurs; prohibit a board from issuing an advisory opinion unless authorized by the board's enabling act; establish the Prescribing Boards Advisory Council within the department, composed of eight ex officio members with expertise in combatting prescription drug abuse; amend KRS 12.020 to add the new authorities to the cabinet; amend various sections of KRS Chapters 198B, 216A, 309, 310, 311, 311B, 312, 313, 314, 314A, 315, 316, 317, 317A, 319, 319A, 319B, 319C, 320, 322, 322A, 323, 323A, 324, 324A, 325, 326, 327, 329A, 330, 334, 334A, and 335 to conform; amend KRS 325.230 to place the State Board of Accountancy within the Department of Financial Institutions; amend KRS 325.240 and 325.360 to grant the commissioner of the department authority over the accountant board's administrative regulations and disciplinary decisions; repeal KRS 310.080, 311.882, 311B.060, 312.045, 312.065, 315.171, 319A.040, 319A.050, 319A.060, 322.260, 323.180, 323.200, 323A.150, 323A.180, 323A.200, 324.2811, 324.284, 324A.025, 324A.060, 324B.010, 324B.020, 324B.030, 324B.040, 334.170, 334A.100, and 334A.110.
   CURRENT STATUS
2/15/2019 - (H) posted in committee House Licensing, Occupations, & Admin Regs
 
HB241   MILITARY MEMBERS LICENSURE
(YATES L)
AN ACT relating to occupational licensure for military members.
Amend KRS 12.355, relating to occupational licensure for members of the United States Armed Forces, to remove the active duty requirement.
   CURRENT STATUS
2/22/2019 - (H) THIRD READING, passed 95-0
 
HB271   LICENSURE
(HART M)
AN ACT relating to licensure.
Amend KRS 311B.100 to establish conditions for licensure by individuals who did not graduate from an accredited program. RETROACTIVE.
   CURRENT STATUS
2/8/2019 - (H) Referred to Committee House Licensing, Occupations, & Admin Regs
 
HB292   TAX EXPENDITURES
(TIPTON J)
AN ACT relating to tax expenditures.
Create a new section of KRS Chapter 7A to establish the Tax Expenditure Oversight Board; amend KRS 11.068 to require the annual production of a detailed estimate of the revenue loss resulting from each tax expenditure from the general fund and road fund; amend KRS 48.111 to require the Governor to include within the executive branch budget recommendation and in the draft budget bill for the executive branch a detailed account of each tax expenditure in addition to the office estimate provided by the consensus forecasting group; amend KRS 131.020 to require the Department of Revenue to collect, report, and provide data to the Tax Expenditure Oversight Board; amend KRS 131.190 to exempt the data provided by the Department of Revenue from the confidentiality standards for tax return data.
   CURRENT STATUS
2/11/2019 - (H) Referred to Committee House Appropriations & Revenue
 
HB333   TAX CREDITS
(WEBBER R)
AN ACT relating to the highly skilled employee tax credit.
Establish Subchapter 13 of KRS Chapter 154 and create new sections thereof to define terms and create a tax credit for residents of the Commonwealth that are employed in high-skill, high-demand industry sector positions in an amount not to exceed $1,500 for each eligible position and a total of $3 million in each fiscal year; create a new section in KRS Chapter 141 to allow a nonrefundable, nontransferable tax credit against the individual income tax for taxable years beginning on or after January 1, 2020, but before January 1, 2024, and to require reporting by the department; amend KRS 141.0205 to order the tax credit; amend KRS 131.190 to conform to the reporting requirements.
   CURRENT STATUS
2/14/2019 - (H) Referred to Committee House Appropriations & Revenue
 
HB354   TAXATION
(RUDY S)
AN ACT relating to taxation.
Amend KRS 132.010 to define terms related to qualified heavy equipment; amend KRS 132.020 to assess qualified heavy equipment at a rate of 15 cents upon each $100 of value and reorder other property by the tax rates imposed; amend 132.360 to allow a 60-day protest period for property tax; amend various KRS sections to make technical corrections and conforming changes; create a new section of KRS Chapter 139 to prohibit class actions against a marketplace provider on behalf of purchasers; amend KRS 139.010 to create and amend definitions of marketplace providers, admissions, and marketplace retailer; amend KRS 139.200 to exclude admissions charged by nonprofit educational, charitable, or religious institutions exempt from taxation under Internal Revenue Code Section 501(c)(3) and to clarify that small animal veterinary services exclude services for poultry; amend KRS 139.260 to allow acceptance of a resale certificate for certain services; Amend KRS 139.270, 139.280, and 139.340 to conform; amend KRS 139.450 to require a marketplace provider to collect and remit sales tax; amend KRS 139.480, 160.613, and 160.6131 to clarify who is a toller; amend KRS 139.495 to exempt the sales of admissions by nonprofit educational, charitable, or religious institutions exempt from tax under Internal Revenue Code Section 501(c)(3); create a new section of KRS Chapter 139 to exempt the first $10,000 of sales in a calendar year made by nonprofit civic, governmental, or other nonprofit organizations; amend KRS 139.550 and 139.720 to conform; amend KRS 141.010 to update to the Internal Revenue Code reference date for 2019 and clarify the provisions for 2018; amend KRS 141.170 to allow one additional month for an extension of time to file a corporation income tax return; amend KRS 241.010 to expand the definition of a small farm winery to include a winery that produces no more than 500,000 gallons in a calendar year; amend KRS 243.884 to clarify that sales made by a small farm winery during a calendar year of the first 50,000 gallons of wine are exempt; amend various sections in KRS Chapters 141 and 154 to make technical corrections and conforming changes; repeal KRS 136.078, 136.090, and 136.100.
   CURRENT STATUS
2/22/2019 - received in Senate
 
HB367   HISTORIC PLACES
(DONOHUE J)
AN ACT relating to the sale or transfer of historic places.
Amend KRS 171.382 to require the Finance and Administration Cabinet to give notice to the Kentucky Heritage Council 90 days prior to the transfer or sale of a property nominated by the Kentucky Historic Preservation Review Board to be listed on the National Register of Historic Places; require the Kentucky Heritage Council to consult with the Finance and Administration Cabinet regarding the property's historic, cultural, and archeological resources; require the Kentucky Heritage Council to make a written recommendation to the Finance and Administration Cabinet on whether the property should have a preservation easement; if a preservation easement is recommended, no sale or transfer of the property shall take place until the easement is listed on the deed.
   CURRENT STATUS
2/15/2019 - (H) Referred to Committee House State Government
 
HB407   TAX CREDITS
(PRUNTY M)
AN ACT relating to home modification tax credits.
Create a new section of KRS Chapter 141 to allow an income tax credit for qualified home modification expenses incurred by an individual with a disability, equal to the actual cost of the home modifications, up to $7,500 per taxpayer per year; require reporting by the Department of Revenue; amend KRS 141.0205 to order the tax credit; amend KRS 131.190 to conform.
   CURRENT STATUS
2/19/2019 - (H) Referred to Committee House Appropriations & Revenue
 
HB434   DISCLOSURE OF INTEREST
(SOROLIS M)
AN ACT relating to disclosure of interest in public matters.
Create a new section of KRS Chapter 45A to require contractors to disclose entities having an interest in their contract with the state; create a new section of KRS Chapter 56 to require contractors or lessors to disclose entities having an interest in their contracts or leases with the state; create a new section of KRS Chapter 65 to require contractors or lessors to disclose entities having an interest in their contracts or leases with local governments; create a new section of KRS Chapter 154.1 to require contractors or lessors to disclose entities having an interest in their contracts or leases with the state; create a new section of KRS Chapter 160 to require contractors or lessors to disclose entities having an interest in their contracts or leases with the district; create a new section of KRS 164A to require contractors or lessors to disclose entities having an interest in their contracts or leases with the governing board; create a new section of KRS Chapter 176 to require contractor to disclose entities having an interest in their contracts with the department; amend KRS 61.878 to provide for disclosure under the Open Records law of records relating to public service, demonstrating a potential bias affecting the public, creating a financial obligation for the public, or where the private entity is working under the authority of a public agency.
   CURRENT STATUS
2/20/2019 - (H) Referred to Committee House State Government
 
HB445   WORKERS COMPENSATION
(KOENIG A)
AN ACT relating to workers compensation.
Amend KRS 342.630 to create an exception in the definition of employee for temporary, non-resident workers; amend KRS 342.650 to create an exception in the definition of employer for employers who employ only temporary, non-resident workers; amend KRS 342.670 to indicate temporary, non-resident workers are not subject to KRS Chapter 342.
   CURRENT STATUS
2/21/2019 - (H) posted in committee House Economic Development & Workforce Investment
 
HB456   CERTIFIED REHABILITATION TAX CREDIT GAP
(TURNER T)
AN ACT relating to the Certified Rehabilitation Tax Credit Gap.
Amend KRS 171.396 to expand the certified rehabilitation tax credit cap to $30 million annually instead of the current tax credit cap of $5 million annually.
   CURRENT STATUS
2/21/2019 - (H) Referred to Committee House Appropriations & Revenue
HB488   TAX CREDITS
(BRIDGES R)
AN ACT relating to tax credits.
Create a new section of KRS Chapter 198A to establish the nonrefundable Kentucky affordable housing credit; allow the credit to be applied 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 credit income to be applied to taxes; amend KRS 141.0205 to order the income tax credit; create new sections of KRS Chapter 136 to allow the credit to be applied to insurance tax; order the insurance tax credits; amend KRS 131.190 to conform.
   CURRENT STATUS
2/21/2019 - (H) Referred to Committee House Appropriations & Revenue
 
HB492   SCHOOL CONSTRUCTION
(MASSEY C)
AN ACT relating to school construction.
Amend KRS 162.065 to require the Kentucky Board of Education to include "construction management-at-risk" as a project delivery method option for school construction projects.
   CURRENT STATUS
2/21/2019 - (H) Referred to Committee House Education
 
HB498   LICENSED OCCUPATIONS
(MOORE T)
AN ACT relating to licensed occupations.
Amend KRS 322.030 to clarify that a licensed architect may engage in the practice of engineering incidental to the practice of architecture; allow the State Board of Licensure for Professional Engineers and Land Surveyors to promulgate administrative regulations that define aspects of a building that are not considered incidental to the practice of architecture.
   CURRENT STATUS
2/22/2019 - (H) posted in committee House Licensing, Occupations, & Admin Regs
 
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
2/25/2019 - (H) Posted for Passage in Regular Orders of the Day; w/HCA 1T, HCS 1, and HFA 1
 
SB2         CIVIL ACTIONS
(STIVERS II 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
2/25/2019 - Senate Judiciary, (Bill Scheduled for Hearing)
 
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
2/22/2019 - (H) posted in committee House Judiciary
 
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
 
SB100    NET METERING
(SMITH B)
AN ACT relating to net metering.
Amend KRS 278.465 to increase the maximum capacity for an eligible electric generating facility to 45 kilowatts and to redefine "net metering"; amend KRS 278.466 to require the Public Service Commission to set the compensation rate for eligible customer-generators according to the ratemaking process in KRS Chapter 278; specify that the ratemaking process to set the amount of compensation for electricity produced by eligible customer-generators be initiated by a retail electric supplier or generation and transmission cooperative on behalf of one or more retail electric suppliers; prohibit eligible customer-generators who close their net metering accounts from receiving any cash refund for accumulated excess generation credits; require the net metering tariff provisions for eligible customer-generators in place when they started taking net metering service to remain in effect for 25-years for eligible generating facilities, including the one-to-one kilowatt-hour denominated credit provided for electricity fed into the grid; specify that eligible customer-generators shall be subject to all changes in energy rates, rate structures, and monthly charges as nonparticipating customers during that 25 year period; specify that eligible customer-generator installations are transferable to other persons at the same premises; amend KRS 278.467 to conform; EFFECTIVE January 1, 2020.
   CURRENT STATUS
2/22/2019 - (H) Referred to Committee House Rules
 
SB147    SALES AND USE TAX EXEMPTIONS
(MCDANIEL C)
AN ACT relating to sales and use tax exemptions.
Amend KRS 139.480 to exempt from sales and use tax tangible personal property purchased by a person for incorporation into a structure or improvement to real property under a contract with the federal, state, or local government, or a resident, nonprofit educational, charitable, or religious institution; apply to sales made after July 1, 2019, but before July 1, 2023; require the Department of Revenue to report the claimed exemptions to the Interim Joint Committee on Appropriations and Revenue; amend KRS 131.190 to give the Department authority to provide the report to LRC.
   CURRENT STATUS
2/25/2019 - (S) Posted for Passage in Regular Orders of the Day
 
SB148    GOVERNMENT SURPLUS PROPERTY
(CASTLEN M)
AN ACT relating to local government surplus property.
Amend KRS 45A.425 to allow a city, urban-county government, or consolidated local government that has adopted the provisions of KRS 45A.343 to 45A.460 to dispose of surplus property using the procedures in KRS 82.083.
   CURRENT STATUS
2/22/2019 - (S) THIRD READING, passed 35-0
 
SB197    PHARMACY
(WISE M)
AN ACT relating to pharmacy.
Amend KRS 315.020 to insert gender-neutral language.
   CURRENT STATUS
2/19/2019 - (S) Referred to Committee Senate Licensing, Occupations, and Administrative Regulations
 
SB247    MONITORING FOR CONTROLLED SUBSTANCES
(MEREDITH S)
AN ACT relating to Kentucky's electronic system for monitoring controlled substances.
Amend KRS 218A.202 to require the Cabinet for Health and Family Services to establish secure connections between Kentucky's electronic system for monitoring controlled substances and a prescribing or dispensing health care practitioner's electronic health recordkeeping system.
   CURRENT STATUS
2/19/2019 - (S) Referred to Committee Senate Health & Welfare

 
Week In Review 
   February 23, 2019     
       
On the last day to file bills for the 2019 legislative session, a measure to reform the Teachers Retirement System was introduced by a recently retired educator.
Kentucky Today
Kentucky took the first step to legalizing sports betting on Wednesday as a legislative committee strongly endorsed a bill that one estimate says would bring in at least $20 million a year in new taxes.
WKMS
It was a Friday afternoon, and a young man - the doctor called him "J" - needed help. J was addicted to heroin. The doctor, Mike Kalfas, had treated him several times before with buprenorphine, a drug that blocks opioid cravings and is part of a class of drugs most successful in keeping patients in recovery.
WFPL
A long-awaited state report appears to confirm legislators' suspicions that industry middlemen, known as pharmacy benefit managers, are reaping big profits from state Medicaid dollars at the expense of pharmacies.
Louisville Courier-Journal
LOUISVILLE, Ky. (WDRB) - The chairwoman of the House Education Committee said Tuesday that there are not enough votes on her panel to pass legislation giving school superintendents power to hire principals instead of school-based councils.
WDRB
Gov. Matt Bevin is unpopular - a poll released in January by Morning Consult found that he ranked 45th among America's 50 governors in terms of favorability (though, the five below him are no longer in office, so he's actually the least-popular sitting governor in the country).
Insider Louisville
A bill that would create an explicit ban on lawmakers sexually harassing their employees and colleagues is advancing in the Kentucky legislature.
WKMS
The Kentucky House on Friday passed a controversial bill that could make residential rooftop solar panels less lucrative in the state, but only after adding new language that might lead to a battle with the Senate.
Lexington Herald-Leader
Kentucky's controversial pension bill could be removed from the books.
Spectrum News
Most convicted felons in Kentucky would have their voting rights automatically restored after completing their sentences, parole and probation under a bill filed Friday in the state Legislature.
Louisville Courier-Journal  
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 
2019 Legislative Day
 






AIA Kentucky Government Affairs Committee
The AIA Kentucky Government Affairs Committee reviews, provides feedback, and recommends positions on pending legislation. 

Eric Steva, AIA is the AIA Kentucky Government Affairs Committee chair. If you are interested in serving on this committee, please contact AIA Kentucky Executive Director Kelly Ives, AIA at 859-221-0154. Any AIA Kentucky member in good standing is eligible to serve.
 

KSA Political Action Committee
Please consider contributing to the Kentucky Society of Architects Political Action Committee (KSA PAC)! 

The importance of our participation in the political process becomes more and more evident each time we must take action to cope with legislative proposals that have the potential to negatively impact our profession. 

You can join many of your fellow members who have already contributed by making a donation of any amount that you are comfortable with. Visit our KSAPAC website to donate online and find out more about how you can lend your support!