2021 Legislative Update: #8

TWO DAYS LEFT! 
WHAT'S GOING ON IN FRANKFORT?

This list profiles the environmental, conservation, consumer, and general government bills that the Kentucky Resources Council is supporting, opposing, and tracking during the 2021 General Assembly Regular Session. This year is a “short” session, and began on January 5, 2020, and on January 13, the General Assembly recessed until February 2, when the session reconvened with a scheduled adjournment of March 30.  Beginning March 17 there is a “veto break” and they will reconvene on March 29 and 30th for two final days.

With only two (2) days remaining in the 2021 Regular Session, we have removed those bills and resolutions which have not, as of March 16, either been assigned to an initial committee or moved from that initial committee in the chamber in which the bill was filed.  Please refer to Legislative Update #6 for those bills.

We’ve also removed those bills that were passed by a committee but recommitted to the same or another committee, usually in order to bury the bill.

Feel free to forward this to anyone you feel might be interested, and to utilize, reprint or quote from the bill analyses. We ask only that you attribute KRC as the source when you use our analytical material (so we can take all the blame for anything we’ve gotten wrong!)

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DO YOU KNOW SOMEONE WHO WANTS TO RECEIVE THESE NOTICES OF THE POSTING OF THESE UPDATES?

Send this to a friend and tell them to write us at Fitz@kyrc.org if they want to receive notice when these postings are updated. The legislative update will be refreshed and updated each Friday afternoon through the end of the session.

WANT TO READ THE BILLS OR CONTACT LEGISLATORS?

For a copy of any bill, visit the Legislature's 2021 Session page at https://apps.legislature.ky.gov/record/21rs/record.html.

To find your legislators email, go to https://apps.legislature.ky.gov/findyourlegislator/findyourlegislator.html

The toll-free message line is 1-800-372-7181, to leave a message for a legislator or an entire committee. En Espanol, el nombre es 1-866-840-6574. The toll-free bill status number is 1-866-840-2835.

Please note that the Council does not have a position on each bill listed. Some bills are tracked for general interest; others simply to assure that they do not become vehicles for mischievous amendments.

We have formatted this update to highlight in the first section, those bills on which KRC has taken a position. Where KRC has taken a position concerning a bill it is indicated with a plus (+) or minus (-). The primary sponsor and current status of the bill are also noted by Committee or chamber. If there is no indication of assignment to a committee, the bill has not yet been assigned and remains in the Committee on Committees, where introduced bills and resolutions are initially sent.

Here’s the key to understanding where a bill is in the process:

H. State Govt = House State Government Committee
H. Ed = House Education Committee
H. Tourism = House Tourism and Outdoor Recreation Committee
H. Elections= House Elections, Constitutional Amendments and  Intergovernmental Affairs Committee
H. Veterans= House Veterans, Military Affairs and Public Protection Committee
H. Judiciary = House Judiciary Committee
H. A&R = House Appropriations and Revenue Committee
H. Eco Dev = House Economic Development & Workforce Investment Committee
H. Ag = House Agriculture
H. Sm Bus = House Small Business and Information Technology Committee
H. Local Govt = House Local Government Committee
H. Transp = House Transportation Committee
H. H&FS = House Health and Family Services Committee
H. L&O = House Licensing, Occupations And Adm. Regulations Committee
H. Nat Res Energy = House Natural Resources and Energy Committee
H. B&I = House Banking and Insurance Committee
H. Rules = House Rules Committee

S. State Local Govt = Senate State and Local Government Committee
S. NR Energy = Senate Natural Resources and Energy Committee
S. Ag = Senate Agriculture Committee
S. Judiciary = Senate Judiciary Committee
S. Eco Dev = Senate Economic Development, Tourism and Labor Committee
S. Ed = Senate Education Committee
S. H&W = Senate Health and Welfare Committee
S. L&O = Senate Licensing and Occupations Committee
S. Veterans = Senate Veterans, Military Affairs, and Public Protection Committee
S. B&I = Senate Banking and Insurance Committee
S. Transp = Senate Transportation
S. Rules = Senate Rules Committee
S. A&R = Senate Appropriations and Revenue Committee

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BILLS AND RESOLUTIONS FOR WHICH KRC HAS TAKEN A POSITION

HOUSE BILLS

HB 1 (Rowland and others)(Vetoed, Veto overridden, Became Law)(-)

HB 1 attempts to provide a path for reopening businesses and schools by requiring that they adopt a plan consistent with CDC guidelines, but lacks the detail and accountability necessary to assure that such plans are consistent with the guidelines and are sufficient to protect the public.  The bill creates a risk that the public will be placed at greater risk, and that businesses may be placed at significant financial liability, because the bill lacks any language directing how such plans are to be developed, and lacks any review by any agency of the sufficiency of such plans.

The CDC guidelines provide recommendations but are not cookie-cutter bright line standards.  Rather, the guidelines are intended to supplement, rather than replace, local and state standards, and require consultation with local and state health officials to develop local strategies and may change depending on local conditions.  Requiring a “reopening” plan, but having no review or approval of the plan as being sufficient, and allowing trade associations and chambers of commerce to develop such plans for businesses, does not provide adequate assurance that the plans will be protective, or will maintain consistency as CDC guidelines evolve and change.

Also, there is a fundamental constitutional problem with the General Assembly delegating to a federal agency’s guidelines, since that open-ended deferral to those guidelines violates the non-delegation doctrine.

HB 1 is among the COVID-related bills that have been temporarily enjoined by the Franklin Circuit Court in pending litigation between the Governor and the General Assembly.

HB 3 (Massey) (Vetoed, veto overridden, became Law) (-)

Original bill would have created a new judicial process for hearing constitutional cases, removing those cases from the Franklin Circuit Court, and placing it in a 3-judge panel.  The bill likely violated several provisions of the Kentucky Constitution, including Sections 59, 112, 110(2)(a), 110(5)(b) and 116.  See KRC’s testimony to Senate Judiciary on the original bill.

The Senate Committee Substitute to HB 3 replaced the initial bill, and moved the venue for complaints alleging a statute, Executive Order, or agency order to be unconstitutional would, notwithstanding any other statute, be filed in the Judicial District where the Plaintiff resides.   An effort to move those cases from Franklin Circuit Court, the bill is special legislation that presents a solution to a non-existent problem.

Based on KRC’s review of notices required to be filed with the Attorney General where cases raise such constitutional challenges, in the first 9 months of 2020, 261 cases were filed in state and federal court and before the Board of Worker’s Claims, alleging Kentucky statutes to be unconstitutional.  Only 11 of those constitutional challenges were cases against state officials or agencies, and only 2 of those were filed in Franklin Circuit Court.  KRC provided an analysis of those cases and testified against the Senate Committee Substitute.  The bill will almost certainly be challenged in the courts.

Perhaps most troubling about this bill is that the House and Senate acted in contravention of the facts, which are that nothing in current law required that such constitutional challenges be filed in Franklin Circuit Court, and despite the data, approved a solution in search of a problem.

HB 4 (Osborne and others) (Passed, and will be placed on ballot in 2022)(+/-)

Proposed constitutional amendment would eliminate the existing dates by which the General Assembly must adjourn in any regular session; provide that the General Assembly may extend the length of its legislative sessions by 10 days upon the vote of 3/5 of the membership of each House, with no session to extend beyond December 31.  KRC believes that while there is some merit to the idea of allowing the legislature to meet at set times throughout the year rather than in the current 30 or 60-calendar day session, further extension of legislative sessions is unnecessary and that allowing the legislative branch to meet at will and random throughout the year for up to 40 days in short sessions and 70 in long sessions could adversely affect the ability of many who could serve in a part-time legislature during a compact and defined period of time, from serving in future years.

KRC had suggested that in “short” session years, there be 3 set periods during the year followed by one veto day 11 days after the end of that period.

HB 6 (Bechler and others)(Vetoed by Governor, veto overridden, became Law)(-)

Would amend KRS 6.900 to change the name of the Legislative Program Review and Investigations Committee to the Legislative Oversight and Investigations Committee and to expand the powers of the committee to include investigation of private individuals and entities “doing business” with governmental agencies or state employees.  “Doing business” is not defined in the bill.  KRC has written to the sponsor to suggest that “doing business” be defined in a manner so as not to chill protected speech that is not regarding financial matters.

HB 10 (Sheldon and others)(S. Eco Dev)(-)

Would provide a defense to civil liability to a person who acts in good faith while operating a business during a state of emergency for ordinary negligence for a personal injury resulting from alleged or actual exposure to COVID-19 provided the person acts as an ordinary, reasonable, and prudent person would act under similar circumstances; and would provide that a public school official's decision to open or close a school is discretionary for purposes of determining qualified immunity.

The bill has significant problems, both in terms of constitutionality of attempting to alter standards for actions alleging negligence  (though the bill fails to provide that protection while purporting to do so) and in referencing the CDC guidelines as determining what is the appropriate standard of care.  Those guidelines are not hard and fast, but instead are to be modified at the local level in consultation with state and local health officials and current conditions.  Coupled with House Bill 1, which purports to allow businesses and schools to reopen if they have a plan meeting CDC guidelines, but requires no review or approval of those plans, KRC is concerned both that the public will be placed at greater risk as businesses reopen, and that small businesses that think they are protected from liability because they have adopted a plan, may not be since the plans will neither be reviewed nor approved.

HB 47 (Bentley)(S. NR Energy)(-)(Two readings)

Would allow expansion of a one-acre off-site construction and demolition debris landfill to be doubled in size provided it meets the permitting requirements for the initial landfill. The current distinction between one acre and greater-than-one-acre CD&D landfills is arbitrary, with the smaller landfills allowed to be operated without the sort of protections such as leachate collection systems and surface and groundwater monitoring, that are required for larger landfills disposing of the same types of waste.  Expanding this arbitrary distinction allows the undermanagement of CD&D wastes in two-acre sites rather than the current one-acre sites.

HB 207 (Gooch)(To Governor)(-)

Is intended to preclude local governments from enacting ordinances to limit or prohibit new construction using natural gas for heating and electrification, by prohibiting local ordinances that restrict or limit access to regulate utility services.

Many local governments across the country have used these strategies to help achieve greenhouse gas reduction goals.  House Floor Amendment narrowed the overbroad scope of the initial bill.

HB 236 (McPherson and Heath)(To Governor)(+)

Comprehensive reform repeals and reenacts pesticide and fertilizer statutes, in an attempt to standardize regulation and licensing of pesticide companies and applicators. In the 2020 session, the bill would have repealed the current statutes establishing the lawn care application notice program, with an intent to recodify those statutes into regulation.  KRC expressed concern that removing those laws might be construed as the legislature expressing an intent to eliminate the notification requirements entirely.  KRC drafted a floor amendment to specifically authorize and require the Department of Agriculture to develop a program for regulation and notification of lawn care application and mosquito control.  HB 236 incorporates that language and directs the Department to develop a regulatory program for regulating notification and application of pesticides for lawn care and mosquito control.

KRC appreciates the Department of Agriculture including that language and looks forward to working with the Department and with the pest control and pesticide applicators on the regulations.

HB 272 (Bray and others)(To Governor)(-)

Original House Bill 272 would allow a water district or water association to impose a 10% late fee on a customer who fails to pay a water or sewer bill and would prevent the Public Service Commission from suspending or disallowing such a fee.

Senate Committee Substitute, which stalled in the Senate Committee, would broaden the bill to include all PSC-regulated utilities and would allow those utilities to impose late fees without limit and with PSC oversight authority.

Senate-passed version reverted to original bill but included language that KRC drafted which waives late fees for any late bills for which low-income ratepayers receive third-party assistance.  It also includes language prohibiting any future Executive Branch Order from preventing imposition of late fees and cutting off customers, even during a declaration of emergency.

Discussion:

A number of utilities have late fees, and currently, the Public Service Commission can allow, suspend, or disallow such a late charge proposed by any utility.  This bill eliminates that discretion regarding water districts and water associations and requires the Commission to approve the late fee if it is in the tariff.  It also prevents the Commission from requiring the water district or water association to justify that the late fee is required to cover specific customer costs that would otherwise result in a monetary loss to the utility or increased rates for other customers.

The Kentucky Resources Council opposed the original bill and the Senate Committee Substitute, for these reasons:

• Late fees have little effect the timeliness of residential utility payments. On March 16, 2020, in Case No. 2020-085, the PSC suspended late fees and disconnections for nonpayment.  The PSC  reviewed residential customer payments during the first six months of that year and concluded based on the evidence that “the evidence indicates that late fees have little discernible effect on the timeliness of residential customer payments for utility service.” On-time payment rates changed little, and in some cases increased compared to pre-COVID, even though the utilities were barred from assessing late fees or disconnection for nonpayment.
• The proposed 10% late fee bears no relationship to the amount of the past due bill or the loss value of the funds that are paid late and is instead punitive and arbitrary.  By contrast, the IRS charges only 3% + prime for late fees.
• The imposition of late fees will further reduce available low-income assistance funds and makes absolutely no sense in the context of low-income customers.

Under the crisis component of the LIHEAP program, utility bill help is not even available until the customer is late in paying bills or has received a disconnect notice for nonpayment. Congress has recently appropriated $638 million to provide low-income water bill assistance and has directed the states to implement the assistance similarly to LIHEAP.  Imposing a late fee on a customer who, by definition, can’t pay the underlying bill without assistance, and can't get that assistance until he or she is late, won’t change the customer’s payment habits (because they have to be late to receive the assistance) and does nothing other than drain an additional 10% per bill per client served by the low-income assistance provider, resulting in fewer people served in a program already underfunded.

A Senate Committee Substitute incorporated language drafted by KRC that would waive late fees for bills that receive third-party payment assistance under the new federal program or from another charitable or government source.

The Senate Committee Substitute 1, later withdrawn, would have made a bad bill worse, by expanding the bill to allow all utilities regulated by the Public Service Commission to impose late fees with no cap on the fees and no opportunity for the Public Service Commission to review or disapprove those fees.  KRC testified in opposition to the original bill and Senate Committee Substitute.

HB 303 (Santoro)(To Governor)(+)

Would amend laws regarding underground facility protection.

HB 312 (Rowland)(To Governor)(-)

A classic example of a mule bill bait and switch, this bill started as one correcting a “gender” issue by including “or she” after “he” in a statute dealing with financial institutions, but was amended in a House Committee and sent to the floor the next morning (today) as a bill that significantly weakens transparency in government matters relating to public access to open records.  KRC stands with the Kentucky Open Government Coalition’s Amye Bensenhaver, former Attorney General office employee and expert on Kentucky Open Records Act issues, and with Senator Adrienne Southworth, in opposing the bill’s narrowing of access to public records.

During the Senate Committee process, revisions have been made to HB 312 to remove some of the more offensive provisions.  KRC will continue to oppose any weakening of the Open Records Act and appreciates Senator Southworth’s and Amye’s advocacy on behalf of transparency in state government.

HB 320 (Reed and others)(To Governor)

Bill to encourage expansion of rural broadband provides $250 million in matching funds to encourage projects to serve underserved and unserved areas.  KRC strongly supports rural broadband deployment, but is very concerned with language in the bill that allows electric distribution cooperatives to form affiliated unregulated companies to provide broadband service, and allows pledging up to 25% of their regulated assets to support capitalization of such an affiliate, without clear language assuring that the Public Service Commission retains authority under KRS 278.300 to review and to approve or disapprove such a pledging of regulatory assets.  The concern is that if the affiliated company fails, co-op electric ratepayers would be on the hook to pay for such pledging of assets, resulting in potentially significant rate increases.

KRC has communicated this concern to the prime sponsor and to the Senate Committee Chair and Senate Leadership staff. The Committee Substitute attempts to address the concern, and the Senate President Pro Tem mentioned that the intent is to give the Commission discretion to review whether to allow a co-op to pledge its assets to capitalize a broadband venture, but is in need of further work that will hopefully be accomplished before adjournment sine die.

HB 328 (Johnson)(To Governor)(+)

Would amend billboard laws in order to address an issue regarding the on-site and off-site distinction that resulted in a judicial decision voiding the entire Billboard Act.  Would repeal and reenact laws in order to restore effective control over spacing of billboards.

There is an effort from companies that gambled on the lower court decision and erected billboards without complying with the permitting and other requirements of the law, that are now seeking to be “grandfathered.”  KRC is opposing that effort and working with the Senate Transportation Committee and the Kentucky Transportation Cabinet to limit grandfathering billboards to those that meet size, spacing, and distance requirements but failed to obtain a permit.

Senate passed the bill as a “clean” bill that does not address the grandfathering issue, leaving that to the Transportation Cabinet and ultimately, the courts, to decide if the noncompliant billboards can remain in place.  Senate Floor Amendment 6 provides that the Cabinet may impose permit and annual renewal fees.

HB 386 (Freeland, DuPlessis)(To Governor)(-)

Bill intended to provide a legislative remedy for discharge issues with hexachlorobenzene from the Westlake Vinyl facility in western Kentucky, would weaken Kentucky Water Quality Standards implementation by interfering with the Cabinet’s exercise of best professional judgment regarding whether to grant a “mixing zone” for bioaccumulative chemicals of concern (BCCs), by mandating that any change or elimination of a mixing zone for a bioaccumulative chemical of concern that was in effect in 2004 be done by regulation rather than permit-by-permit. Kentucky has banned such mixing zones since 2004, and no current discharger in Kentucky has a mixing zone for BCCs.

Bill could open back up mixing zones for BCCs for other dischargers that eliminated their mixing zones over the years.  Bill could also have significant unintended positive consequences to other dischargers using diffusers, requiring that the Cabinet significantly reduce their existing mixing zones during the next permit review cycle.

If the bill is not vetoed and becomes law, KRC will be reviewing each of those 33 or 34 permits and requiring that they be reopened, and the mixing zones recalculated.

HB 392 (Gooch)(To Governor)(+)

Would change the eligibility threshold for participation in a voluntary energy cost assistance fund from 110% of the federal poverty guidelines to the percentage of the federal poverty guidelines required for eligibility in the subsidy component of the Low-Income Home Energy Assistance Program (LIHEAP), which is 130%.  KRC appreciates the Chairman sponsoring this bill.

HB 393 (Gooch)(To Governor)(+)

Would allow the Public Service Commission to grant reasonable extensions of time not to exceed six months for water district commissioners to complete their training requirements.

HB 465 (Koenig)(S. Rules)(+)

Bill would allow utility to request the Commission to set a value for acquired water and sewer utility assets higher than at the depreciated cost, incorporating so-called “Delta” test adopted by the Public Service Commission.  KRC had concerns regarding the bill that were addressed in a 2^nd House Committee Substitute, which was adopted by the Committee and became part of the “GA” (General Assembly) version of the bill as it passed the House.  HB 465 supports the current version, which includes changes sought by KRC and by the Public Service Commission, as well as municipal utilities.

HB 553 (Massey)(S. Judiciary)(+)

Would establish a False Claims Act with provisions that establish enhanced civil liability and penalties for committing fraud against the state; and establish qui tam actions to allow the Attorney General or a private citizen to bring a cause of action on behalf of the state to recover damages with a portion of any proceeds awarded being distributed to the person successfully bringing the action.

HB 574 (Decker and others)(H. Rules)(+)

Comprehensive election reform addressing ballots and voting and providing for early voting.

HB 587 (Fleming and others)(H. A&R)(posted)(+)

Would require pledged revenues to the West End Opportunity Partnership from a consolidated local government and the Commonwealth.

HB 588 (Fleming and others)(H. A&R)(posted)(+)

Would establish the West End Opportunity Partnership.

HOUSE RESOLUTIONS

HJR 11 (Osborne)(S. NR Energy)(+)

Joint resolution would direct the Energy and Environment Cabinet to study the economic impact and feasibility of adopting an electronic waste disposal program in Kentucky.

HR 41 (Fister)(Adopted)(+)

Resolution would condemn anti-Semitism in the Commonwealth.

HR 58 (Meade)(+)(Adopted)

Simple resolution designating the second Monday in October as "Indigenous Peoples' Day" to celebrate and honor indigenous peoples and their shared history and culture.

HJR 60 (Bowling)(+)

A joint resolution that would direct the Department of Revenue and the University of Kentucky's Forestry and Natural Resources Department to recommend equitable property tax assessment procedures for well-managed forests. The Kentucky Woodland Owners Association, who are a trusted ally of KRC working to advance the sustainability of non-commercial forests and the fair tax treatment of non-commercial woodland owners, support this resolution.

HCR 61 (Wheatley)(+)

Concurrent resolution would encourage the Kentucky General Assembly to take steps to allow public input and hold public hearings during the redistricting process.

SENATE BILLS

SB 8 (Wilson and others)(To Governor)(-)

Would provide exemptions from mandatory immunization during an epidemic for any adult who submits a written sworn statement objecting to the immunization based on conscientiously held beliefs, a term that is undefined.  No matter how outlandish or delusional the belief, a person could be exempted from a mandatory health order to receive a vaccination if the belief is “conscientiously held.”

SB 75 (Wheeler)(To House)(-)

Would allow a local government that is located within the boundary of a regional authority, to pass an ordinance allowing for the operation of off-highway vehicles (OHVs) on a roadways under local government jurisdiction and state roadways approved by the Transportation Cabinet and require OHV passengers under the age of 18 to wear a helmet. Senate Committee Substitute added additional public participation requirements and opportunity for a pilot program.

Legislators from the eastern Kentucky region have expressed concern that the bill would unravel the Mountain Regional Trail Authority’s regional efforts to encourage off-road recreational tourism.

This bill was added as a floor amendment to House Bill 188, which changes the name of Louie B. Nunn “Parkway” to “Expressway.”

SB 86 (Wheeler)(To Governor)(+)

Would designate 100 percent of a new open dumping fine to be paid to the county where the violation occurred; expressly include littering and open dumping as crimes subject to enforcement by code enforcement; allow local governments to impose a civil fine between $250 and $500 for open dumping and prescribe funds to be used for abatement, cleanup and restoration of the illegal dump site; and direct penalties from littering to counties where the offense occurred.

SB 179 (Southworth and others)(H. NR Energy)(posted)(+)

Would amend the statutes authorizing the Kentucky River Authority to expressly include consideration of both the mainstem and tributaries and expanding the membership to include members from tributary areas as well as the mainstem.

SB 181 (Givens)(H. Rules)(-)

Proposed constitutional amendment would grant the House and Senate the authority to call themselves into session for up to 12 days between current annual sessions, with no limit on the number of 12-day sessions that could be called.  This is in addition to the power of the Governor to call an extraordinary session if one is needed.

KRC does not believe that a full-time legislature is in the best interests of governance in Kentucky.  This amendment would incrementally move the Commonwealth towards that end, making it much more difficult for many individuals to participate in governance unless their sole profession is full-time politician.

SB 204 (Higdon)(H. Rules)(+/-)

Would limit Transportation Cabinet regulation of vehicle recyclers to national highway roads, excluding county and state roads.

House Floor Amendment would address KRC’s concern that there be no backsliding from facilities required to be screened by the Transportation Cabinet who will no longer be under that agency’s jurisdiction once this bill becomes law.  Thanks to Senate Higdon and Rep. Upchurch for addressing KRC’s amendment and concern.

SB 261 (Higdon)(To House)(+)

Would amend existing law to provide definitions and mechanisms for mitigation of unavoidable impacts on wetlands and streams under the Section 404 program of the Clean Water Act. The Corps of Engineers and Department of Fish and Wildlife Resources had expressed concerns regarding the initial bill.  The Senate Committee Substitute converted the bill to an interim study group on the mitigation issues and makes KRC’s Director a member of the task force.

SENATE RESOLUTIONS

SR 19 (McGarvey)(Adopted)(+)

Simple resolution honoring Cathy Hinko on the occasion of her retirement as Director of the Metropolitan Housing Coalition.

SR 63 (Smith and others)(Adopted)(-)

A simple resolution urging President Biden to rescind the Executive Order which revoked the permits for the Keystone XL Pipeline Project.

SR 67 (Alvarado)(Adopted)(+)

Simple resolution  condemning anti-Semitism in the Commonwealth.

SR 72 (Girdler)(adopted)(+)

Simple resolution designating the second Monday in October as "Indigenous Peoples' Day" to celebrate and honor indigenous peoples and their shared history and culture.

BILLS AND RESOLUTIONS FOR WHICH KRC HAS TAKEN NO POSITION

HOUSE BILLS

HB 21 (Scott and others)(H. Judiciary)(posted)

Would eliminate no-knock search warrants,  require officers to activate body-worn cameras when serving a warrant; and expand scope of permissible suits against state and local governments and limit defenses.  Bill would be known as "Breonna's Law."

HB 91 (Fischer and others)(S. Rules)

Constitutional amendment would state that Kentucky's Constitution does not secure or protect a right to abortion or funding of abortion.

HB 120 (Massey)(To Governor)

Would establish procedures for the creation of a consolidated emergency services district.

HB 148 (McCoy)(S. Judiciary)

Would add a diagnosis of serious mental illness to the disabilities which prevent execution for persons convicted of capital offenses.

HB 162 (Osborne and Jenkins)(H. Rules)

Would provide for an automatic recount in elections of constitutional officers, members of Congress, and members of the General Assembly when the vote margin is 0.5% or less and provide for a recount in elections of the Governor and Lieutenant Governor, members of Congress, and members of the General Assembly when an automatic recount does not apply.

HB 175 (Maddox and others)(S. L & O)

Would establish a cause of action for unlawful discriminatory practice against the firearms industry.

HB 178 (Sheldon)(To Governor)

Would require appointments to the Kentucky Board of Education to reflect equal gender representation and proportionally reflect the Commonwealth's political affiliation and minority racial composition and add a student and a teacher to the board as non-voting members.  Would also prevent Governor from reorganizing the Board by Executive Order.

HB 192 (Petrie)(To Governor)

Governor’s Executive Branch Budget Bill for FY 2021.

HB 193 (Petrie)(FCCR Reported)

Governor’s proposed transportation budget for 2021.

HB 194 (Petrie)(To Governor)

Proposed legislative budget for 2021.

HB 195 (Petrie)(To Governor)

Proposed judicial budget for 2021.

HB 199 (Reed)(To Governor)

Would clarify the requirement for an encroachment permit, as well as the power of the Transportation Cabinet to order encroachments on state roads to be removed or remedied.

HB 209 (Dixon)(To Governor)

Would prohibit state and local government entities from restricting the donation of game meat to or from the Kentucky Department of Fish and Wildlife Resources.

HB 210 (Heavrin and Meade)(To Governor)

Would require employers to provide the same leave policies to adoptive parents as they provide to birth parents; change the applicable age of an adoptive child from seven to ten.

HB 225 (Fischer)(S. Local Govt)

Would change the filing deadline for candidates of more than one county, congressional candidates, and General Assembly candidates seeking elected office from the first Friday following the first Monday in January to the last Tuesday in January.

HB 238 (Johnson and others)(To Governor)

Would allow city utilities boards to consist of either 3 or 5 members, and to specify the appointment of nonresident utility commission members for utility commissions consisting of three members and five members.

HB 394 (Koch)(To Governor)

Would make the Fish and Wildlife Commission's authority to appoint and compensate a commissioner not subject to the provisions of KRS Chapters 42, 45, 45A, 56, and 64; amend KRS 150.061 to give the Fish and Wildlife Commission the sole authority to appoint and determine compensation for a commissioner.

HB 400 (Rudy)(H. Rules)

Would repeal law allowing Governor to appoint a person to fill a vacancy in the office of United States Senator and require instead that the Governor schedule an election.

HB 569 (Meade)(S. State Local Govt)(-)

Would authorize intervention by the President of the Senate and the Speaker of the House of Representatives in specified court actions; reaffirm legislative privilege and immunity.

HOUSE RESOLUTIONS

HR 1 (Osborne)(Adopted)

Adopts Rules of Procedure for 2021 Session.

HR 12 (Santoro)

Simple resolution would urge the General Assembly to adopt legislation to adequately fund the Commonwealth's transportation system.

HB 51 (Scott and Kulkarni)

Describe the benefits of the Green New Deal and urge the Kentucky Congressional delegation to support the Green New Deal.

SENATE BILLS

SB 1 (Castlen and others)(Vetoed, veto overridden, became law)

Would limit the effective dates of executive orders issued by the Governor to 30 days unless an extension is approved by the General Assembly and prohibit the Governor from issuing a new executive order relating to the same emergency without the approval of the General Assembly.  One of many attempts in this session to curtail the emergency powers of the Governor.

SB 2 (West and others)(Vetoed, veto overridden, became law)

Comprehensive revisions to Administrative Regulation promulgation process to further restrict Executive Branch powers regarding administrative regulations.

SB 3 (Hornback)(Vetoed, veto overridden, became Law)

Would reorganize several agricultural boards and attach those boards to the Department of Agriculture rather than the office of the Governor.

SB 4 (Stivers and others)(H. Rules)(posted)

Would create procedures and requirements for issuance of warrants authorizing entry without notice; require judges to review applications for warrants impartially; and require service by SWAT or special response teams with special training; amend law to make clear that an officer's false statement in an application for a warrant authorizing entry without notice constitutes perjury; propose a rule of evidence making inadmissible any evidence collected as the result of a warrant authorizing entry without notice which did not comply with statutes or which was obtained through perjury or false statements.

SB 5 (Stivers and others)(H. Rules)

Would provide liability protection for owners of premises during a declared emergency and refine the immunity of the state, private persons, volunteers, professional engineers and architects, and persons providing essential services during an emergency.

SB 11 (Schickel)(To Governor)

Would amend existing law to specifically include damage to residential rental property in the crime of criminal mischief.

SB 65 (West)(H. Rules)

Create a new section of KRS Chapter 13A to nullify 3 administrative regulations that became effective after being found deficient during the 2020 legislative interim.

SB 99 (Kerr)(To House for receding on House Committee Substitute)

Arguably prohibited special legislation that would exempt facilities at Bluegrass Station in specific areas from requirement to have construction contracts executed under the supervision of a licensed architect or professional engineer. House Committee Substitute was rejected by the Senate.

SB 105 (Mills)(To Governor)

Would establish the guidelines for filing and serving a petition for the appointment of a conservator to take possession of and undertake the rehabilitation of an abandoned or blighted property and the procedure for hearing the petition.

SB 171 (Schroder)(To Governor)

Act relating to local government would make a number of changes in existing law – regulating splash pads, allowing peace officers in cities of the home rule class to be scheduled for 80 hours or less in a work period of 14 consecutive days under specified conditions; to supersede specified local government regulations on massage therapists; addressing local government investments, investments; and removing the exception that notes of amounts of less than $1 million are not advertised.

SB 201 (Southworth)(To House)

Would allow persons to complain to the Attorney General if the person feels that the intent of the open records law has been subverted by an agency by delaying past the three day time period for answering an open records request, or by excessive extensions of time.

SB 228 (Stivers)(To Governor)

Would change the procedure for filling a vacancy in the office of United States Senator to require that the successor be chosen from the same political party.

SB 255 (Smith)(To Governor)

Would extend financial incentives in current law regarding energy independence, to include cryptocurrency facilities with a minimum capital investment of one million dollars.

SB 257 (Mills and Wheeler)(To Governor)

Would require the Public Service Commission when reviewing any fuel adjustment clauses for contracts entered into or after July 1, 2021, to subtract any coal severance tax imposed by any jurisdiction when determining the reasonableness of fuel costs in contracts and competing bids.

SB 264 (West and others)(S. Eco Dev)(two readings)

Would forbid a prohibition against evictions during an emergency.

SB 274 (Stivers)(H. Rules)

Would establish procedures for cities wholly contained within 2 counties when those cities wish to annex territory in an additional county.

SENATE RESOLUTIONS

SR 1 (Stivers)(Adopted)

Rules of Senate for 2021 Session.

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