GA 2021: The Final Week
Below are the status updates on several bills. The General Assembly convenes at Noon on Monday, March 29th and Tuesday March 30th for the final two days of the legislative session. To see the full status of all bills we are following, see these House and Senate links to our bill lists.
Remaining bills for action:
The bills listed below will now go back to the legislature when the General Assembly resumes on March 29-30, where they may or may not vote to override.
Contact your legislators by email or phone (1-800-372-7181 weekdays) and ask for them to “uphold the Governor’s veto” on these remaining bills. Thank lawmakers if they voted with the KCC position previously (you will find a link to their voting record at the end of each bill). If they did not vote with KCC’s position, ask them to “reverse their position and uphold the veto.” Also please contact General Assembly leadership with the same message.
SB93 (KCC Oppose) Authorizes the Commissioner of Agriculture, rather than the Governor, to appoint members of the State Board of Agriculture. See the full veto message on Senate Bill 93 here.
“…Senate Bill 93 violates the Kentucky Constitution by attempting to completely remove the appointing authority of the Governor for the State Board of Agriculture – a board within the executive department.”
HB272 (KCC Strong Oppose) The bill allows water districts and water associations to impose a 10% late fee with no public service commission oversight (even though these districts are regulated by the PSC and they determined that late fees have no real impact). See the full veto message on House Bill 272 here.
“I am vetoing House Bill 272 because it is unconstitutional and puts Kentuckians’ lives at risk by attempting to prevent them from being able to be healthy at home during the COVID-19 pandemic by disconnecting utilities for nonpayment of bills or late fees and penalties….”
ADDITIONAL ACTION: Contact your legislators who supported this bill in their last vote, and as them to reverse their position and uphold the Governor’s veto. Cite information provided in the veto language. Then ask your Mayor to contact the Ky. League of Cities to reverse their position on this bill.
HB312 (KCC Strong Oppose) Proposes significant changes to the state's public records law, creating certain state residency standards for open records requests. Allows lawmakers to have a final say over whether to release records relating to themselves. See the full veto message on HB312 here.
“I am vetoing House Bill 312 because it defeats the entire purpose of the Kentucky Open Records Act. The bill would shield the Legislative Branch from providing public records, and would make it the judge of what records it should produce with no ability for a citizen to appeal that decision to a judge. It would also prevent any nonresident of Kentucky from being able to have access to public records.”
HB394 (KCC Oppose) Gives the Fish and Wildlife Commission the sole authority to appoint and determine compensation for a commissioner, not the Governor. See the full veto message on HB394 here.
Through one chamber, still could move:
These bills have passed the Senate, but not the House. Bills could still move however, even with only two session days remaining.
SB211 (KCC Strong Oppose) (Carroll) Addressing riots and protests. Raises prison terms, fines, and allows people to use "defensive force" against those who "riot" without criminal liability. Definition of “riot” remains ambiguous. Passed the Senate, received in the House.
SB5 (Oppose) (Stivers) Provides liability protection to companies that have to deal with COVID emergencies. Passed the Senate and now in House Judiciary.
SB75 (Oppose) (Wheeler) Off Highway Vehicles- pilot project to allow OHV access to certain designated state highways- Passed Senate, received in House. Language from this bill also inserted into amendment in HB188.
SB204 (KCC Oppose) (Higdon) Limits regulation of automobile recyclers to only those facilities visible from roads that are part of the national highway system. Passed Senate, second reading, posted for passage in the House, floor amendments filed.
UPDATE- These bills now will become law:
We were disappointed to see several KCC “Oppose” bills complete their review by the Governor to now become law. We thank you for your previous calls and emails on these bills.
HB386 (KCC Strong Oppose) Water Quality: Requires that mixing zones for bioaccumulative chemicals remain in effect until explicitly extinguished by the Energy and Environment Cabinet. The bill became law without the Governor’s signature on 3/24.
HB207 (KCC Strong Oppose) Energy Use/Local Control: Limits local governments from taking any legislative or executive action that impairs a consumer's ability to use certain fossil fuels. Signed by the Governor on 3/25
SB255 (KCC Strong Oppose) Energy Use: Asks for Kentucky to "become a national leader in emerging industries which use substantial amounts of energy" by including cryptocurrency facilities in Kentucky's energy-related business incentives program. Signed by the Governor on 3/25
HB230 (KCC Oppose) . Energy Subsidies: Provides sales and use tax exemption from equipment and energy used for commercial mining of cryptocurrency using blockchain technology. Signed by the Governor on 3/25
Budget Bills: The Governor has line-item vetoed sections of the State/Executive Budget (HB192) and Judicial Branch Budget (HB195). The Transportation Budget (HB193) has passed the Senate and is currently posted for passage in the House. The Legislative Branch Budget (HB194) was signed by the Governor. In our review of the budget bills, we saw no major issues of concern with regard to environmental or conservation issues.