Legislative Update

February  11, 2019



The General Assembly convened on February 5 to begin part II of the short session. Twenty-two days remain in the session.

School safety was the major topic of conversation during the first week back. SB1 passed out of committee on Thursday and passed the full Senate on Friday. AIA Kentucky supports the legislation but we are still working on clarifying language.

We also continue to work on the sales tax for nonprofits. Last year's tax bill, combined with a court decision had the unintended consequence of require nonprofits to charge sales tax on admissions to their meetings. HB 28 and HB 29 were filed to address this issue. HB 29, which is the likely vehicle, currently only addresses 501C3 organizations and would not benefit AIA Kentucky and other organizations that are organized under section 501C6 of the Internal Revenue Service code. We are working to expand the bill to include all nonprofits.

The latest version of the Boards and Commissions bill (HB178) was filed last week. We are still reviewing it but the latest version still has our suggested changes in it.

Below are all the bills AIA Kentucky is tracking. Our legislative breakfast that was held last Wednesday was a big success. We had over twenty legislators and a nice turnout from members of the profession. Thanks to everyone that attended. 

    
 
Greg Brotzge 
AIA Kentucky Lobbyist 
 
Below is the current status of bills AIA Kentucky is tracking.
Report created on February  11, 2019
  
HB1   SCHOOL SAFETY (CARNEY, JOHN)
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, JOHN)
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, DENNIS)
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, DAVID)
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, DAVID)
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, DANIEL)
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, PHILLIP)
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
2/7/2019 - (H) SECOND READING, to Rules

HB146   SOLAR ENERGY (MEEKS, REGINALD)
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    REORGANIZATION  (KOENIG, ADAM)
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
2/6/2019 - (H) Referred to Committee House Licensing, Occupations, & Admin Regs

HB241   MILITARY MEMBERS LICENSURE (YATES, LES)
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
2/7/2019 - (H) Referred to Committee House Licensing, Occupations, & Admin Regs

HB271   LICENSURE (HART, MARK)
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, JAMES)
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
2/8/2019 - Introduced

SB1   SCHOOL SAFETY (WISE, MAX)
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
2/8/2019 - floor amendments (1) (2) and (3) defeated

SB2   CIVIL ACTIONS (STIVERS II, ROBERT)
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
2/5/2019 - (S) Referred to Committee Senate Judiciary

SB11   CONSTITUTION OF KENTUCKY (ALVARADO, RALPH)
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, STEPHEN)
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
2/12/2019 - Senate Licensing, Occupations, and Administrative Regulations , (Bill Scheduled for Hearing)

SB59   SALES AND USE TAX (SCHICKEL, JOHN)
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

SB147   SALES AND USE TAX EXEMPTIONS (MCDANIEL, CHRISTIAN)
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
2/8/2019 - Introduced

SB148   GOVERNMENT SURPLUS PROPERTY (MEREDITH, STEPHEN)
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
2/8/2019 - Introduced

Week In Review 
   February 9, 2019     
       


Kentucky's public universities could be required to adopt broad - or lax - free speech policies under a GOP-sponsored bill.

Insider Louisville

 


The Kentucky Senate has unanimously approved legislation expected to boost the number of organ donors in the Commonwealth. Currently, donors sign up when they apply or renew their driver's license. But, the new Real ID legislation extends the renewal requirement from four to eight years.

WEKU

 

 

After the anguished parents of the two students who were killed in a shooting at Marshall County High School shared their grief with lawmakers on Thursday, the Senate education panel approved a bill to make Kentucky schools safer.

Lexington Herald-Leader

 


Kentucky Gov. Matt Bevin used his fourth State of the Commonwealth address Thursday as a launching pad for his gubernatorial reelection bid, choosing to highlight his administration's accomplishments rather than lecture lawmakers.

Lexington Herald-Leader

 


FRANKFORT - Republican DJ Johnson on Friday morning withdrew his challenge of the 13th Kentucky House District election result.

Louisville Courier-Journal

 


Pensions, pensions, pensions. It is the topic permeating the public debate in Kentucky as the General Assembly reconvened in Frankfort Tuesday. But as the state labors through potential pension reform proposals - and with no quick solution to the $40-billion plus problem immediately in sight - our eastern Kentucky legislators said Tuesday they also expect other issues to be on the table this political season. Those issues include infrastructure, school safety, adequate access to insulin, medi

Ashland Daily

 


The Kentucky Senate's top leader on Tuesday pointed to high-profile public corruption cases in pushing for ethics legislation to shed more light on efforts to lobby the executive branch.

Associated Press

 


FRANKFORT - Gov. Matt Bevin's newly selected running mate, Dr. Ralph Alvarado, was among the doctors alleged to have accepted "illicit" gifts while referring Medicare patients to a Lexington home health care agency, according to a lawsuit settled in 2015.

Ashland Daily

 


State Rep. Kim Moser plans a busy first meeting as chair of the House Health and Family Services Committee on Thursday, Feb. 7. She says she has the votes to approve bills to make schools tobacco-free, urge medical-marijuana research, and make it easier to get treatment for addiction.

Northern Kentucky Tribune

 


Kentucky House Speaker David Osborne on Monday dismissed chances for a quick agreement to change one of the country's worst-funded public pension systems as state lawmakers prepare to resume this year's legislative session.

Associated Press

 


First a Kentucky state House race went to the Democrat by a single vote, and then a recount declared the race a tie. Now there's a flurry of back and forth drama, with the Democrat's attorney accusing the Republican side of improperly pressuring election officials and the GOP candidate's legal team calling the allegation "false and scurrilous."

Associated Press

 


A bill that supporters say would give more at-risk kids access to a private education, but opponents warn would drain the state's revenues and hurt public schools, will soon be back in front of legislators.

Louisville Courier-Journal

 


A recount in a Kentucky state House race originally won by a Democrat by a single vote has ended in a tie after the local board of elections decided to open and count five absentee ballots that had previously been rejected. It's unclear what comes next.

Lexington Herald-Leader

 

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!