Pre-Filed Bills for 2017
These pre-filed bills have been selected and reviewed by the Kentucky Conservation Committee’s legislative agents and board, and ranked on a five-point scale (strong oppose, oppose, monitor, support, strong support) of recommended action.
BR 84 (K. Bratcher) Now Filed as HJR8
Tenth Amendment powers reserved to the states
A joint resolution. Declares state sovereignty over powers not given to the federal government by the United States Constitution (already required), demands that the federal government cease mandates beyond constitutionally delegated powers (already required), prohibits federal legislation requiring state passage of laws under threat of penalties or sanctions. May have some impacts to federal environmental regulation.
BR 94 (J. Short)
Revenue, property tax on unmined minerals
Was filed last year as HB 195. John Short lost his election after this filing, so unknown if another sponsor will pick this up.
KCC Strongly Opposes.
BR 112 (K. Imes) Now filed as HB50
Administrative regulations, establish requirements for expiration based on last effective date
May be related to the governor’s red tape strategy. It calls for and administrative regulation to automatically expire after seven years unless action is taken to not let it expire.
AN ACT relating to the overtaking of bicycles on a roadway
Amend KRS 189.300 to provide that the operator of any vehicle moving upon a highway is to keep to the right unless signage or markings indicate otherwise; amend KRS 189.340 to require vehicles overtaking bicycles to pass at a distance of at least three feet; specify when a motor vehicle may pass a bicycle to the left of the center of a roadway.
BR 133 (R. Thomas) Now filed as SCR21
Diversification of energy sources
Promotes a renewable portfolio standard. Filed as a concurrent resolution, which means it does not have the force of law.
BR 142 (F. Steele)
Coal Severance Revenues and Distribution
Sends 100% of coal severance revenues to coal-producing counties. Filed in 2016 as HB24/LM. Fitz Steele lost his election after this filing, so unknown if another sponsor will pick this up.
BR 155 (J. Fischer) Now filed as HB88
An Act relating to pesticide application notice requirements
This allows for better notice of pesticide application in residential areas. Whether or not the pesticide application should occur is another matter, but it would have the effect of increasing transparency of a government activity that could have negative environmental impacts.
BR 185 (J. York) Now filed as HB43
Local government economic assistance fund (LGEAF), use of funds restrictions
Calls for LGEAF money from tar sands to be used for economic development purposes and 25% of moneys from oil and natural gas to be used for the repair and maintenance of streets and roads.
BR 199 (C. Embry Jr.) Now Filed as SB38
Timber theft, treble damages, state of mind or mistake immaterial Specifies that a person, regardless of state of mind or whether the person believes to be authorized or not, is liable for three times the stumpage value of the timber and three times the cost of any damages to property when he or she takes the timber of another without legal right or color of title. This is appears to be a compromise bill that does not add an additional criminal offense for timber theft, but instead makes it easier to recover for timber theft in a civil lawsuit.
KCC Strongly Supports.
BR 257 (A. Buchner) Now filed as HB65
Sport fishing license exemption, private property owners, spouses, dependents, tenants, and guests
Removes the sport fishing license exemption for resident farmland owners and creates a new sport fishing license exemption for private landowners and their spouses, dependents, tenants, and invited guests when fishing on their property from ponds or lakes that do not allow fish entry from or exit to public waters. There are probably some conservation considerations we need to review here.
BR 296 (J. Gooch Jr.) Now filed as HB61
Severance tax revenues, increase distributions to local governments
Amends KRS 42.450 to increase the amount of minerals severance and processing taxes distributed to local governments through the local government economic assistance fund (LGEAF) to 100% of taxes collected, from the current 50%, over a five-year period; amends KRS 42.4582 and 42.4585 to similarly increase the amount of coal severance and processing taxes distributed to local governments through the local government economic development fund and LGEAF to 60% and 40% of taxes collected, from the current 35% and 15%, respectively, over the same five-year period.
BR 318 (J. Donohue) Now filed as HB64
Tax Credit for Airport Noise mitigation.
Was filed in the 2016 session as HB79. Establishes a refundable income tax credit for the costs of mitigating noise from a commercial airport. But, it also amends KRS 131.190 to require certain information to be submitted to the Legislative Research Commission and requires more transparency and reporting of information.
BR 358 (J. Miller) Now filed as HB35
An Act Relating to Public Benefit Corporations
Establish Public Benefit Corporations, which are corporations that are managed for specific public benefit, identified it its articles of incorporation.
KCC Strongly Supports.
BR 372 (S. Westrom) Now filed as HB18
AN ACT relating to area development districts
Amend KRS 147A.070 to require area development districts to use specific hiring practices and compliance with state accountability and transparency standard measures; create a new section of KRS Chapter 147A to give state agencies providing funds to area development districts final authority on the role of the area development districts; require a report to LRC from the Cabinet for Health and Family Services and Education and Workforce Development Cabinet on allocations of funds provided to the area development districts; create a new section of KRS Chapter 147A to require the Auditor of Public Accounts to perform a preliminary study of all the area development. This is something KCC may watch because the districts have some influence on land use and transportation issues.
BR 411 (G. Watkins) Now filed as HB90
An Act Relating to Nuclear Power
Same nuclear bill that Danny Carroll filed in the Senate last year that made it easily out of the Senate, but stalled in the Tourism, Development, and Energy Committee in the House. That Committee has now changed, with the Republicans choosing to separate Tourism and Energy. The bill would allow the construction of a nuclear facility without having a disposal site. KCC will be watching this closely.
KCC Strongly Oppose. Companion bill filed in the Senate.