Legislative Update

January  22, 2018


The Governor unveiled his budget proposal this past Tuesday. As expected, it's an austere proposal. Cuts across the Board of 6.25 percent and the elimination of 70 programs are the major takeaways. The Governor did put more money into social services, the state police and state pensions but he also eliminated healthcare for retired teachers and shifted a portion of the costs for current teachers to the local school districts. The Governor's budget is the first step in the process. The budget bill (HB 200) will now be considered by the House Appropriations and Revenue Committee.

There has still been no movement on 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.

HB 50 which would place additional limits on professional licenses and require that all licenses be reviewed every 5 years has been posted in committee and we expect it could be heard on Wednesday.

We are reviewing HB 216 which was filed this past Thursday, January 18. The bill would exempt selection committees created under Chapters 45A and 56 from the open meetings law.
 
AIA Kentucky's Legislative Breakfast is scheduled for Thursday, February 8 at 8:00 a.m. All members are encouraged to attend.
   
 
Greg Brotzge 
AIA Kentucky Lobbyist 
 
Below is the current status of bills AIA Kentucky is tracking.
Report created on January 22, 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:   
1/5/2018 - (H) posted in committee House 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:   
1/18/2018 - (H) Referred to Committee House Judiciary
 
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:   
1/18/2018 - Introduced
 
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:   
1/18/2018 - Introduced
 
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:   
1/3/2018 - (S) Referred to Committee Senate State and Local Government
 
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 mismanagment 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:   
1/18/2018 - (S) Referred to Committee Senate Appropriations and Revenue
 
   
Week In Review 
   January 19, 2018     
      
Gov. Matt Bevin, R-Kentucky, announced deep cuts, but increased spending in other areas in his 2018 State of the Commonwealth and Budget Address to the General Assembly.

Gov. Matt Bevin did not identify in his budget speech Tuesday the 70 state programs he said his budget would eliminate.

Sen. Bowen announces he is not seeking re-election; Rep. Castlen says he will run for Bowen's seat

State Sen. Joe Bowen, R-Owensboro, will not be seeking a return to Frankfort in 2018, but a freshman Republican in the state House has announced he will seek the now open seat.

Members of the Attorney General's Survivors Council shared their recommendations on how the state can improve to better support victims of violent crimes.

Stirring the pot; Sen. Seum files recreational marijuana bill, calls for Bevin to "open his mind"
Sen. Dan Seum, R-Fairdale, is the latest member of the General Assembly to file legislation to allow the use of marijuana in Kentucky.

Kentucky's Andy Beshear sues FCC over 'destructive' net neutrality repeal
Attorney General Andy Beshear and Kentucky joined 20 other states in officially suing the Federal Communications Commission's recent rollback of net neutrality regulations in an attempt to thwart the reversal of Obama-era policies.

A prosecutor for the Legislative Ethics Commission has a copy of a secret settlement that four Republican House members made with a legislative employee who accused them of sexual harassment.

Jeff Hoover, who resigned as Kentucky's House speaker after being accused of sexual harassment, quietly filed Thursday afternoon to run for re-election this year as state representative for Kentucky's 83rd House District.

Kentucky State Police Commissioner Richard W. Sanders told lawmakers last year about a trooper who was responding to a stabbing when the transmission on his cruiser with nearly 200,000 miles went out.

A House bill aimed at enhancing comprehensive standards and criteria for substance use disorder treatment and recovery services and mandating a review of treatment outcomes by the Cabinet for Health and Family Services easily cleared a House 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
Bill Activity Report
Week in Review
Summary
 

 

 

 

 

HIGHLIGHTS 
2017 Legislative Day