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Legislative Report July 25, 2021
Prepared by: Top Shelf Lobby, LLC


Kentuckians For Better Transportation - Kentucky Legislative Report
Bill Information
LIMITATION OF LIABILITY DURING THE COVID-19 PANDEMIC
(SHELDON S)

AN ACT relating to the limitation of liability during the COVID-19 pandemic and declaring an emergency.

Create a new section of KRS Chapter 411 to define "person"; to 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; create a new section of KRS Chapter 411 to provide that a public school official's decision to open or close a school is discretionary for purposes of determining qualified immunity; apply section retroactively; EMERGENCY.
House Committee Substitute (1) Retain the original provisions except for technical changes to the definition of "person" to add "charity or nonprofit organization"; change "Kentucky Department of Public Health" to the "Centers for Disease Control and Prevention"; remove the definition of "retail business"; make the rebuttable presumption applicable to "any person, as defined in subsection 1"; change "injury" to "exposure"; and clarify Section 2 so that executive order relates to school closure; EMERGENCY

  RECENT STATUS

2/24/2021 - (S) Referred to Committee Senate Economic Development, Tourism, and Labor (S)

1/9/2021 - received in Senate

1/9/2021 - (H) THIRD READING, passed 75-21 with Committee Substitute (1)

EMERGENCY ORDERS
(MADDOX S)

AN ACT relating to emergencies and declaring an emergency.

Create a new section of KRS Chapter 39A to define "emergency order", set parameters for the issuance of an emergency order, and provide for legal action to enforce the parameters; amend Section 39A.090 to apply the emergency order definition to executive orders issued under KRS Chapters 39A to 39F; amend KRS 39A.100 to require that emergency orders issued by the Governor contain an expiration date not greater than 14 days, with extension only as provided by the General Assembly, require that emergency orders issued by a chief executive of a local government contain an expiration date of not greater than 14 days with extension only as provided by the legislative body of the local government, move associated election deadlines if the date of the election is moved, prohibit the suspension of any laws, and specify that no governmental entity may prohibit or severely limit in-person worship; amend KRS 194A.025 to specify that the Secretary for Heath and Family Services may not take any action contrary to the specific limitations on actions by the cabinet in the event of infectious or contagious diseases; amend KRS 214.020 to limit actions taken by the Cabinet for Heath and Family Services in the event of infectious or contagious disease to 21 days unless extended or changed by the General Assembly, and prohibit similar or related actions taken to extend the time limitation; name the Act the "Ensuring Basic Checks and Balances and Basic Liberties During Emergencies Act; EMERGENCY.

  RECENT STATUS

1/5/2021 - Introduced (Pre-Filed)

7/7/2020 - Pre-Filed

RESTRICTING EFFECTIVE DATES OF EMERGENCY EXECUTIVE ORDERS
(GOOCH JR. J)

AN ACT relating to emergencies.

Amend KRS 39A.090 to limit the effective dates of emergency executive orders issued by the Governor to thirty days unless extended by the General Assembly; amend KRS 39A.100 to require executive orders suspending or delaying an election to remain in effect unless changed by an action of the General Assembly; amend KRS 367.374 to allow the Governor only one additional fifteen day extension period.

  RECENT STATUS

1/6/2021 - (H) WITHDRAWN

1/5/2021 - Introduced

7/10/2020 - Pre-Filed

PRODUCTION OF VITAL MEDICAL SUPPLIES
(ELLIOTT D)

AN ACT relating to production of vital medical supplies.

Amend KRS 154.32-010 to further define manufacturer as a producer of personal protective equipment, and define vital medications and personal protective equipment; amend KRS 154.32-020 to declare a purpose of the subchapter is to provide an economic stimulus to bolster in-state production of vital medications and personal protective equipment and allow facilities that produce vital medications and personal protective equipment to qualify for tax incentives under the subchapter; amend KRS 154.32-060 to allow for facilities that are rehabilitated or replaced in order to produce vital medications and personal protective equipment to be eligible for tax benefits under the subchapter; amend KRS 154.34-010 to include a facility that reinvests in the production of vital medications and personal protective equipment to be eligible for benefits under the subchapter and define personal protective equipment; amend KRS 154.35-010 to define vital medications and personal protective equipment; amend KRS 154.35-050 to direct the University of Louisville research centers to identify facilities and businesses capable of producing vital medications and personal protective equipment, and work with health departments to assess the needs of medical facilities and communities.

  RECENT STATUS

1/5/2021 - Introduced (Pre-Filed)

10/22/2020 - Pre-Filed

PROHIBITING REQUIRED IMMUNIZATIONS
(MADDOX S)

AN ACT relating to ensuring basic liberties regarding immunizations and declaring an emergency.

Amend KRS 214.036 to prohibit required immunization of any person by any state agency or instrumentality; create the short title "Ensuring Bodily Autonomy and Informed Consent Act"; EMERGENCY.

  RECENT STATUS

1/5/2021 - Introduced (Pre-Filed)

9/9/2020 - Pre-Filed

LEAVE FROM EMPLOYMENT
(ROBERTS R)

AN ACT relating to leave from employment.

Amend KRS 337.415, relating to court-ordered appearances by employees, to prohibit employers from discharging or retaliating against an employee who is a crime victim when the employee takes leave to attend proceedings associated with a crime; require an employee to give an employer reasonable notice to take leave when practicable; provide guidelines for use of paid leave; require the employer to maintain confidentiality of records and communication with employee crime victim; create a private right of action for improper discharge, discrimination, retaliation, and failing to maintain confidentiality; define terms; amend KRS 337.990 to establish penalties in the case of violation by employer.

  RECENT STATUS

1/5/2021 - Introduced (Pre-Filed)

9/16/2020 - Pre-Filed

PAID PARENTAL LEAVE
(NEMES J)

AN ACT relating to paid parental leave.

Create a new section of KRS Chapter 18A to allow employees of the Commonwealth of Kentucky a paid leave of absence of 12 weeks for the birth or adoption of a child and to establish requirements for the paid leave of absence; amend KRS 18A.025 and 18A.110 to conform.

  RECENT STATUS

1/5/2021 - Introduced (Pre-Filed)

9/18/2020 - Pre-Filed

RAILROAD CREWS
(DONOHUE J)

AN ACT relating to railroads.

Create a new section of KRS Chapter 277 to require two-person crews on trains or light engines used in connection with the movement of freight; establish civil penalties for failure to have a two-person crew.

  RECENT STATUS

1/5/2021 - Introduced (Pre-Filed)

9/30/2020 - Pre-Filed

DAMAGES TO SMALL BUSINESSES RESULTING FROM EXECUTIVE ORDERS
(HART M)

AN ACT relating to damages to small businesses resulting from executive orders.

Create a new section of KRS Chapter 39A to define "emergency order" and "small business"; to allow a small business owner adversely effected by an emergency order to bring an action against the Commonwealth for lost income, loss of going concern, or fees and costs if the temporary or partial closure of the business would not have occurred but for compliance with an emergency order; to place the burden of proving the loss is due to the emergency order upon the business owner; to require actions be commenced within 1 year of the expiration of the emergency order that resulted in the closure of the business.

  RECENT STATUS

1/5/2021 - Introduced (Pre-Filed)

12/9/2020 - Pre-Filed

PROHIBITING DENIAL OF PERMITS BASED ON FAILURE TO COMPLY WITH EXECUTIVE ORDERS
(MADDOX S)

AN ACT relating to fairness for licensees and businesses during the Coronavirus response and declaring an emergency.

Amend KRS 217.125 to prohibit denial of food processing and distribution permits based on failure to comply with executive orders; create a section of KRS Chapter 243 to prohibit denial of food processing and distribution permits based on failure to comply with executive orders; create a section of KRS Chapter 336 to prohibit the Secretary of the Labor Cabinet from enforcing executive orders based on COVID-19; establish the short title of "Ensuring Business Fairness During COVID-19 Response Act"; EMERGENCY.

  RECENT STATUS

1/5/2021 - Introduced (Pre-Filed)

12/11/2020 - Pre-Filed

LOCAL AIR BOARDS
(FRAZIER D)

AN ACT relating to local air boards.

Amend KRS 183.132 to allow a state university having an aviation degree track and also operating as a fixed-base operator to an airport governed by a local air board to submit for confirmation two additional members to the six-member board for a total of eight members and to provide for a contingency if all local governments withdraw their participation in the air board to allow a participating university to assume control of airport upon agreement with local governments and dissolution of the air board.
House Committee Substitute (1) Retain original provisions of bill, but stipulate that an eligible university shall be part of an air board if the local governments pass ordinances and amend any existing memorandum of agreement to conform, delete requirement that an eligible university serves as a fixed-base operator, remove language regarding the transfer of the airport facilities to a university if all local governments cease participating, and include the possibility of the university being a successor member of the board while providing a state university seeks to withdraw participation, it shall not be entitled to the return of any moneys advanced to the board.
House Floor Amendment (1) Make technical correction.

  RECENT STATUS

3/18/2021 - SIGNED BY GOVERNOR; (Acts Ch. 38)

3/11/2021 - delivered to Governor

3/11/2021 - Enrolled, Signed by President of the Senate

GOVERNMENTAL EMERGENCIES
(TIPTON J)

AN ACT relating to governmental emergencies and declaring an emergency.

Repeal, reenact, and amend KRS 39A.100 to limit declarations of emergency, including executive orders relating to an emergency, to 15 days unless extended by the General Assembly; prohibit the Governor from declaring a new emergency based on the same facts upon the expiration of the initial declaration; prohibit the Governor from suspending statutes or administrative regulations unless the subject matter is authorized by statute; limit declarations of emergency by local chief executive officers to 15 days unless terminated earlier or extended by the corresponding local legislative body; amend KRS 39A.180, 39A.280, 315.500, and 367.374 to conform; create a noncodified section asserting the provisions of the Act are nonseverable; EMERGENCY.

  RECENT STATUS

1/5/2021 - Introduced

APPROPRIATIONS AND REVENUE MEASURES
(PETRIE J)

AN ACT relating to appropriations measures providing funding and establishing conditions for support due to the impact of the COVID-19 pandemic, making an appropriation therefor, and declaring an emergency.

Appropriate $220,000,000 in General Fund in fiscal year 2020-2021 to the Public Protection Cabinet for direct relief payments to eligible small businesses in eligible industries through grant application; appropriate $20,000,000 in General Fund in fiscal year 2020-2021 to the Public Protection Cabinet for direct relief payments to eligible small nonprofit organizations through grant application; provide definitions; appropriate $100,589,700 in General Fund in fiscal year 2020-2021 to the Labor Cabinet for payment of interest and principal for advances under Title XII of the Social Security Act during calendar year 2021; APPROPRIATION; EMERGENCY.

  RECENT STATUS

1/11/2021 - House Appropriations & Revenue (H), (Bill Scheduled for Hearing)

1/9/2021 - (H) Returned to Committee House Appropriations & Revenue (H)

1/9/2021 - (H) SECOND READING

EXECUTIVE BRANCH BUDGET
(PETRIE J)

AN ACT relating to appropriations measures providing funding and establishing 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.

Free Conference Committee Report 1: The State/Executive Branch Budget: Detail Part I, Operating Budget; appropriate to General Government: 2019-2020: $21,535,000, 2020-2021: $2,233,082,500, 2021-2022: $1,722,270,500; appropriate to the Economic Development Cabinet: 2020-2021: $30,692,000, 2021-2022: $30,419,200; appropriate to the Department of Education: 2020-2021: $5,087,565,600, 2021-2022: $5,080,946,900; appropriate to the Education and Workforce Development Cabinet: 2020-2021: $224,230,300, 2021-2022: $224,015,100; appropriate to the Energy and Environment Cabinet: 2019-2020: $700,000, 2020-2021: $301,176,900, 2021-2022: $277,724,100; appropriate to the Finance and Administration Cabinet: 2019-2020: $2,800,000, 2020-2021: $992,780,800, 2021-2022: $1,012,246,500; appropriate to the Health and Family Services Cabinet: 2019-2020: $300,000, 2020-2021: $17,697,378,000, 2021-2022: $17,785,002,800; appropriate to the Justice and Public Safety Cabinet: 2019-2020: $17,216,900, 2020-2021: $1,269,870,200, 2021-2022: $1,283,034,800; appropriate to the Labor Cabinet: 2020-2021: $1,642,204,900, 2021-2022: $760,943,200; appropriate to the Personnel Cabinet: 2020-2021: $63,150,200, 2021-2022: $165,770,400; appropriate to Postsecondary Education: 2019-2020: $497,400, 2020-2021: $8,533,136,000, 2021-2022: $8,935,608,700; appropriate to the Public Protection Cabinet: 2020-2021: $167,314,500, 2021-2022: $125,951,800; appropriate to the Tourism, Arts and Heritage Cabinet: 2019-2020: $2,700,000, 2020-2021: $269,047,600, 2021-2022: $276,139,700; appropriate to the Budget Reserve Trust Fund: 2020-2021: $134,346,300, 2021-2022: $608,598,500; not included in the appropriation amounts are capital project amounts as follows: 2019-2020: $16,000,000, 2020-2021: $8,905,731,500, 2021-2022: $367,131,600; 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; APPROPRIATION.

  RECENT STATUS

3/30/2021 - delivered to Secretary of State (Acts Ch. 169)

3/30/2021 - Enrolled, Signed by President of the Senate

3/30/2021 - Enrolled, Signed by Speaker of the House

  NEWS STORIES

5/17/2021 - Republicans spar with Beshear on disputed adoption contract over discrimination clause.

5/14/2021 - Kentucky House GOP asks Beshear to reconsider Sunrise contract, cites religious rights law

4/8/2021 - Kentucky governor notches another court victory for his emergency COVID-19 orders

4/5/2021 - Northern Kentucky Chamber of Commerce provides final round-up on legislative actions

3/31/2021 - Legislative session gaveled to close as budget approved, numerous bills passed; here’s a summary

3/30/2021 - Ky. Lawmakers Override Nearly All Of Beshear’s Vetoes

3/30/2021 - Kentucky lawmakers override most of Beshear’s 27 vetoes in marathon voting session

3/26/2021 - Gov. Andy Beshear vetoes parts of six budget bills; Seelbach, film tax credits unscathed

3/19/2021 - Death threats against Daniel Cameron move KY lawmakers to spend $500,000 for security

3/18/2021 - Western Kentucky Senator Would Like To See Budget Vote Sooner

3/16/2021 - 'This Cannot Be The Final Budget': Kentucky Legislature Buys Time To Debate Stimulus

3/15/2021 - Budget Bill Lets Ky. Legislature Decide How To Use COVID Relief Funds

3/15/2021 - KY legislature’s budget plan omits $52.4 million for retired teacher health insurance

3/15/2021 - Kentucky General Assembly sends a bare-bones state budget to Gov. Beshear

3/15/2021 - Lawmakers face more spending decisions as budget bill passes

3/13/2021 - New state budget plan lets KY lawmakers control COVID-19 relief money, not Beshear

3/9/2021 - $2.4B from COVID-19 stimulus 'totally changes the dynamics' of Kentucky state budget

3/8/2021 - Veteran Central Kentucky Senator Says Gas Tax Increase Unlikely

2/15/2021 - Kentucky Legislature Approaching Mid-Point In 2021 Session

1/13/2021 - Ky. Legislature Advances Placeholder Budget Before 3 Week Break

1/12/2021 - Kentucky House passes four state budget bills which go to Senate; hope to complete budget this month

1/11/2021 - KY House approves $12 billion state budget bill as it speeds on its way to negotiations

TRANSPORTATION CABINET BUDGET
(PETRIE J)

AN ACT relating to appropriations providing financing and conditions for the operations, maintenance, support, and functioning of the Transportation Cabinet of the Commonwealth of Kentucky.

Free Conference Committee Report (2): The Transportation Cabinet Budget: Detail Part I, Operating Budget; appropriate to General Administration and Support: 2020-2021: $88,284,200, 2021-2022: $88,669,700; appropriate to Aviation: 2020-2021: $24,691,100, 2021-2022: $18,530,500; appropriate to Debt Service: 2020-2021: $147,991,400, 2021-2022: $139,139,600; appropriate to Highways: 2020-2021: $1,984,729,800, 2021-2022: $2,048,386,000; appropriate to Public Transportation: 2020-2021: $81,080,000, 2021-2022: $40,474,500; appropriate to Revenue Sharing: 2020-2021: $335,267,500, 2021-2022: $341,480,300; appropriate to Vehicle Regulation: 2019-2020: $4,265,500, 2020-2021: $63,513,500, 2021-2022: $64,296,400; not included in the appropriation amounts are capital project amounts as follows: 2019-2020: $1,460,000, 2020-2021: $14,640,000, 2021-2022: $12,190,000; detail Part II, Capital Projects Budget; detail Part III, Funds Transfer; detail Part IV, Transportation Cabinet Budget Summary; and amend Executive Branch Budget General Fund Surplus Expenditure Plan; APPROPRIATION.

  RECENT STATUS

4/7/2021 - BECAME LAW WITHOUT GOVERNOR'S SIGNATURE; filed without Governor's signature with the Secretary of State (Acts Ch. 198)

4/7/2021 - VETOED BY GOVERNOR; line items vetoed

3/30/2021 - delivered to Governor

CHARITABLE GAMING
(TIMONEY K)

AN ACT relating to gaming and declaring an emergency.

Amend KRS 238.505 to revise the definition of "charitable gaming facility;" amend KRS 238.536 to remove the provisions for reconsideration by the department of its actions; amend KRS 238.555 to remove licensed charitable gaming facility lease requirements, to clarify that rent shall not be based on gross receipts, and require a licensed charitable gaming facility to file a copy of each signed lease with the department; provide that the 40 percent rule in KRS 238.36 is waived for 2020.
House Committee Substitute (1) Retain original provisions; amend KRS 11A.010 to include the Kentucky Horse Racing Commission in the definition of "Officer" to include under the Executive Branch Ethics Commission, amend KRS 230.230 to require the members of the Kentucky Horse Racing Commission to be subject to the Executive Branch Ethics Commission; declare an EMERGENCY.
House Floor Amendment (3) Retain original provisions; amend KRS 138.513 to increase excise tax on advance deposit account wagering from 0.5% to 1.5% on July 1, 2022 unless KRS 138.510 is amended.
Senate Committee Substitute (1): Retain original provisions; amend KRS 238.505 to amend the definition of "charitable gaming facility"; amend KRS 238.536 to delete provisions for petition for reconsideration of license action due to failure to meet the 40 percent rule; amend KRS 238.555 to provide exemption for charitable gaming facility licensing for smaller facilities, prohibit facility rent based on a percentage of gross receipts, require licensed charitable gaming facilities to file a copy of each signed lease; amend KRS 11A.010 to include the Kentucky Horse Racing Commission in the definition of "officer"; amend KRS 11A.040 to include members of the Kentucky Horse Racing Commission in select prohibitions; amend KRS 230.230 to include members of the Kentucky Horse Racing Commission under stated parts of Executive Branch ethics requirements; stipulate that subsection (2) of KRS 238.536 shall be waived for all charitable gaming licensees for calendar year 2020; EMERGENCY.

  RECENT STATUS

4/8/2021 - SIGNED BY GOVERNOR; (Acts Ch. 200)

3/30/2021 - delivered to Governor

3/30/2021 - Enrolled, Signed by President of the Senate

MOTOR FUEL STANDARDS
(FISTER D)

AN ACT relating to motor fuel standards and making an appropriation therefor.

Amend KRS 363.900 to redefine "ASTM International", "diesel", "gasoline", and "retail facility"; define "gasoline-oxygenate blend"; amend KRS 363.902 to specify inspection and testing programs for motor fuels intended for sale from a retail facility; amend KRS 363.904 to specify vapor pressure limits for gasoline-oxygenate blends; permit the department to designate tests or specifications when no ASTM International standards exist; require all shipments of motor fuel to meet standards and specifications required in administrative regulations; amend KRS 363.906 to require a license to operate a retail motor fuel facility; increase the license fee to $100 per retail facility; set the annual license expiration on January 31; amend KRS 363.9055 to conform; APPROPRIATION.

  RECENT STATUS

2/2/2021 - (H) posted in committee House Agriculture (H)

1/13/2021 - (H) Referred to Committee House Agriculture (H)

1/9/2021 - Introduced

REVENUE
(PETRIE J)

AN ACT relating to revenue, making an appropriation therefor, and declaring an emergency.

Amend KRS 139.340 to allow a remote retailer no later than the first day of the calendar month that is at most sixty days after the threshold requirement is met to register for a sales and use tax permit; amend KRS 139.450 to eliminate the requirement of a marketplace provider to register for a second sales and use tax number for its marketplace retailers and replace it with the option to obtain a second sales and use tax number or to report sales on its own number and provide the Department of Revenue with a separate breakdown of receipts for its marketplace retailers.
House Committee Substitute (1) Amend KRS 131.081 to allow the Department of Revenue to deliver copies of the agent's audit workpapers electronically to the taxpayer; amend KRS 132.590 to adjust the total sum to be paid by a fiscal court to a property valuation administrator's office; amend KRS 138.140 to clarify that the tax on an open vaping system is assessed only on the liquid solution when the solution is sold separately from the hardware; amend KRS 138.146 to allow the amount of cigarette tax bond to be not less than the amount of the payment of units of cigarette tax evidence which may be delay for 10 days and no greater than $10 million dollars; amend KRS 138.463 and 138.470 to clarify that the motor vehicle usage tax may be paid by two alternative methods and the tax does not apply to motor vehicles registered to, or leased by, the US government, the Commonwealth, or any of its political subdivisions; amend KRS 139.340 and 139.450 to conform to the Streamlined Sales and Use Tax Agreement; amend KRS 139.536, 148.851 and 148.853 to expand the Tourism Development Act tax incentives to certain lodging facilities; amend KRS 141.206 and 141.207 to remove the requirement for a pass-through entity to withhold tax on corporate partners, members, or shareholder and to eliminate the composite income tax return for individuals; amend KRS 224.60-142 to allow the registration of petroleum storage tanks through July 15, 2025.
House Floor Amendment (2) Retain original provisions of the bill; and amend KRS 141.390 to allow an extension of time for certain recycling projects to make application for the recycling and composting tax credit.
House Floor Amendment (4) Retain original provisions of the bill; and create a new section of subchapter 20 of KRS Chapter 154 to allow the secretary to consider a resident of a bordering state as a qualified employee.
House Floor Amendment (5) Retain original provisions; and allow a tax district to share certain requests for a refund with certain other tax districts.
Senate Committee Substitute (1) Amend KRS 131.081 to allow the Department of Revenue to deliver copies of the agent's audit workpapers electronically to the taxpayer; amend KRS 132.590 to adjust the total sum to be paid by a fiscal court to a property valuation administrator's office; amend KRS 138.140 to clarify that the tax on an open vaping system is assessed only on the liquid solution when the solution is sold separately from the hardware; amend KRS 138.146 to allow the amount of cigarette tax bond to be not less than the amount of the payment of units of cigarette tax evidence which may be delay for 10 days and no greater than $10 million dollars; amend KRS 138.463 and 138.470 to clarify that the motor vehicle usage tax may be paid by two alternative methods and the tax does not apply to motor vehicles registered to, or leased by, the US government, the Commonwealth, or any of its political subdivisions; amend KRS 139.340 and 139.450 to conform to the Streamlined Sales and Use Tax Agreement; amend KRS 141.206 and 141.207 to remove the requirement for a pass-through entity to withhold tax on corporate partners, members, or shareholder and to eliminate the composite income tax return for individuals; amend KRS 224.60-142 to allow the registration of petroleum storage tanks through July 15, 2025; amend KRS 141.390 to allow an extension of time for certain major recycling project to apply; create a new section in KRS Chapter 154, subchapter 20, to allow the letter of Secretary of the cabinet to consider a resident of a border state as a qualified employee for a new-full-time position essential to certain approved economic development project; create a new section in KRS Chapter 67 to allow a tax district to share information in a refund application with certain other tax districts; amend KRS 190.030 to allow the Motor Vehicle Commission to establish licensure fees by administrative regulation; amend KRS 141.383 to reduce the film industry tax credit cap and require that a project must begin production within six months of filing an application and complete production within 2 years of the production start date; create Subchapter 61 in KRS Chapter 154 and create various new sections within the subchapter to move the application and approval process related to the film industry tax credit to the Economic Development Cabinet, from the Tourism, Arts and Heritage Cabinet; amend KRS 131.190 to allow reporting by the Department of Revenue; make conforming changes; amend KRS 68.197 to allow certain counties to increase or decrease the occupational license fee and set the maximum salary limit at the maximum social security contribution and benefit base; amend KRS 243.029 and 243.075 to require the alcohol taxes to be collected by the direct shipper licensee, except for the regulatory license fee, and to impose the regulatory license fee on the direct shipper licensee; amend KRS 139.010 to removes exempt from sales and use tax the tax that would be collected on the local alcohol regulatory fee; create a new section of KRS Chapter 171 to allow a limited historic rehabilitation tax credit for one major certified rehabilitation project; amend KRS 171.396 to increase the annual tax credit cap and allocate the tax credit cap between owner-occupied residential property and other property; amend KRS 141.0205 to reorder certain tax credits within the refundable and nonrefundable subsections; create a new section of KRS Chapter 48 to establish the emergency disaster relief account within the Road Fund; create a new section of KRS Chapter 132 to exempt certain property of a veteran service organization; amend KRS 132.010 to conform; repeal various sections of KRS Chapter 148 related to the film tax credit; EFFECTIVE July 1, 2021, for Sections 3 to 8 and 26 to 28 of this Act; APPROPRIATION; EFFECTIVE January 1, 2022, for Section 33 of this Act; EMERGENCY in Section 32 of this Act.

  RECENT STATUS

3/29/2021 - delivered to Secretary of State (Acts Ch. 156)

3/29/2021 - Enrolled, Signed by President of the Senate

3/29/2021 - Enrolled, Signed by Speaker of the House

TAX CREDIT FOR AIRPORT NOISE MITIGATION
(DONOHUE J)

AN ACT relating to tax credits for airport noise mitigation.

Create a new section of KRS Chapter 141 to establish a refundable income tax credit for the costs of mitigating noise from a commercial airport for taxable years beginning on or after January 1, 2021, but before January 1, 2025; amend KRS 131.190 to conform; amend KRS 141.0205 to order the credit.

  RECENT STATUS

2/2/2021 - Introduced

REVENUE
(PETRIE J)

AN ACT relating to revenue.

Amend KRS 131.061 to update statutory language.
House Committee Substitute (1): Require the Department of Revenue to adhere to any extension of the 2020 federal income tax return filing or payment for Kentucky income tax purposes.
Senate Committee Substitute (1): Retain original provisions; create new sections of KRS Chapter 65 to provide incremental revenue tax incentives to the West End Opportunity Partnership and an income tax credit for certain residents; amend KRS 141.0205 to order the new tax credit; amend KRS 131.190 to require reporting by the Department of Revenue; amend KRS 138.146 to modify the bond provisions for cigarette tax; amend 2021 Regular Session HB 249/VO to modify the provisions of the certified rehabilitation tax credit.

  RECENT STATUS

4/9/2021 - SIGNED BY GOVERNOR; (Acts Ch. 203)

3/30/2021 - delivered to Governor

3/30/2021 - Enrolled, Signed by President of the Senate

APPROPRIATIONS
(FLEMING K)

AN ACT relating to appropriations.

Free Conference Committee Report 1: Appropriate funds for the payment of claims against the Commonwealth; appropriate $4 million from various fund sources to Attorney General’s office for additional personnel; appropriate $1,754,400 of General Fund moneys to the Kentucky State Police forensic laboratory personnel to move to a 40-hour work week; appropriate $20 million of General Fund moneys to the Department for Community Based Services to support prevention services for families; appropriate $37 million of Federal Funds to the Justice Administration budget unit to provide grants related to COVID-19; appropriate $10 million of General Fund moneys to the School Facilities Construction Commission to assist local school district with repairs of facilities destroyed by a flood; appropriate $2 million of Federal Funds to the Attorney General for fraud investigation and other consumer violations; appropriate $133,000 of Restricted Funds to the Proprietary Education budget unit; appropriate $12 million of General Fund moneys to the Department for Community Based Services to provide a $2 per child increase in the Child Care Assistance Program provider reimbursement rate; require General Fund moneys in the amount of $902,200 under the Office of State Budget Director budget unit to lapse to the Budget Reserve Trust Fund Account if federal funds received from the American Rescue Plan Act of 2021 are allotted, expended, or appropriated without the express authority of the General Assembly; require the Department of Corrections to pay each contracted provider of substance abuse, mental health, and reentry centers a minimum of 65% of the contracted beds monthly and may move eligible Class C and D offenders who are housed in a county jail facility that is over 110% of capacity or in a county jail that does not provide treatment and reentry resources; require a report from the Department of Education with options on how to ensure the equitable transfer of education funds; create the School Funding Task Force for the upcoming interim; APPROPRIATION; EMERGENCY.

  RECENT STATUS

4/1/2021 - delivered to Secretary of State (Acts Ch. 176)

3/30/2021 - line vetoes not acted upon in Senate

3/29/2021 - received in Senate w/Letter

IDENTITY DOCUMENTS
(BRIDGES R)

AN ACT relating to identity documents.

Amend KRS to require the Transportation Cabinet to promulgate administrative regulations to establish procedures and forms to allow an individual without a fixed, permanent address to submit a form signed by a shelter, health care facility, or other social service agency attesting to the applicant's residence for the purpose of issuance of an operator's license or personal identification card; amend KRS and to conform; amend KRS to set the price of a personal identification card for an individual without a fixed, permanent address at $5, allow the Transportation Cabinet to enter into billing arrangements with social service agencies for payment of client's fees.

  RECENT STATUS

2/9/2021 - Introduced

HIGHWAY WORK ZONES
(BLANTON J)

AN ACT relating to highway work zones.

Amend KRS 189.010 to remove the requirement that highway work zones be restricted to state maintained highways; amend KRS 189.2327 to remove the requirement for the placement of signage to notify drivers of a double fine while traveling in a highway work zone.

  RECENT STATUS

2/9/2021 - Introduced

TRANSPORTATION CABINET
(SANTORO S)

AN ACT relating to transportation.

Amend KRS 189.010 to define "Cabinet" as the Transportation Cabinet.

  RECENT STATUS

2/9/2021 - Introduced

TRANSPORTATION CABINET
(SANTORO S)

AN ACT relating to transportation.

Amend KRS 189.010 to define "Cabinet" as the Transportation Cabinet.

  RECENT STATUS

2/9/2021 - Introduced

TRANSPORTATION IMPROVEMENT DISTRICTS
(SANTORO S)

AN ACT relating to transportation improvement districts.

Create new sections of KRS Chapter 184 to establish transportation improvement districts (TIDs) organized by county governments; define terms; allow TIDs to be established by a single county, or up to three contiguous counties; establish board makeup and membership requirements for one, two, and three county TIDs; set forth TID duties and powers; set forth public meeting requirements for potential projects; set forth procedures for TIDs to place easements on properties upon which a proposed project will cause an increase in value; set forth TID duties regarding the acquisition of property under the Eminent Domain Act; set forth powers and procedures for TIDs to issue bonds for projects; allow the Transportation Cabinet to assist a TID in a demonstration project.

  RECENT STATUS

2/9/2021 - Introduced

TRANSPORTATION
(UPCHURCH K)

AN ACT relating to transportation.

Amend KRS 189.010 to define "Cabinet" as the Transportation Cabinet.

  RECENT STATUS

3/11/2021 - (H) recommitted to committee House Appropriations & Revenue (H)

3/3/2021 - (H) SECOND READING, to Rules

3/2/2021 - (H) FIRST READING

HIGHWAY WORK ZONES
(BLANTON J)

AN ACT relating to highway work zones and making an appropriation therefor.

Create a new section of KRS Chapter 189 to define the terms "automated speed enforcement," "owner," and "recorded images"; create a new section of KRS Chapter 189 to allow the Transportation Cabinet to establish a program for automated speed enforcement in highway work zones; allow the Transportation Cabinet to issue a civil citation to an operator of a motor vehicle traveling more than 10 miles per hour over the posted speed limit; establish procedures for citation issuance; direct the Transportation Cabinet to install signage and to promulgate administrative regulations to implement the provisions of this Act; create a new section of KRS 189 to establish civil fines for violations issued by the automated speed enforcement program; specify that all fines and penalties assessed be deposited into the automated speed enforcement fund; require the Transportation Cabinet to annually report to the General Assembly the status of the automated speed enforcement program; create a new section of KRS Chapter 189 to establish the automated speed enforcement fund; specify that moneys collected be used to defray the costs of administering the automated speed enforcement program; specify that any moneys collected in excess of program costs be deposited into the highway work zone safety fund and used for the purposes of that fund; provide that provisions sunset after June 30, 2025, unless the General Assembly takes further action; APPROPRIATION.

  RECENT STATUS

2/10/2021 - Introduced

TRANSPORTATION
(UPCHURCH K)

AN ACT relating to transportation.

Amend KRS 189.010 to define "Cabinet" as the Transportation Cabinet.

  RECENT STATUS

2/11/2021 - Introduced

HIGHWAY FUNDING
(DUPLESSIS J)

AN ACT relating to highway funding and making an appropriation therefor.

Amend KRS 138.220 to set a single excise tax on gasoline and special fuels; set initial base rate at 24.6 cents per gallon (cpg); subject tax to annual adjustment; eliminate references to taxation based on the average wholesale price of gasoline and the supplemental tax on gasoline and special fuels; require annual notification to motor fuel dealers of the adjusted rate of the excise tax on gasoline and special fuels for each upcoming fiscal year and annual notification to county clerks of the adjusted rate of highway user fees for electric and hybrid vehicles; amend KRS 138.660 to set the initial base rate for the heavy equipment motor carrier surtax at 4.3 cpg for gasoline and 7.2 cpg for special fuels; subject the surtax to annual adjustment; create a new section of KRS Chapter 138 to define "taxes"; provide a mechanism for annual adjustment of the excise tax on gasoline and special fuels and the heavy equipment motor carrier surtax based on changes in the National Highway Construction Cost Index 2.0; allow these taxes to increase no more than ten percent or decrease no more than two percent from one year to the next, subject to the statutory minimums; create a new section of KRS Chapter 186 to establish base highway user fees for nonhybrid electric motor vehicles and plug-in electric hybrid motor vehicles; require collection of the fees at the time of initial registration and upon renewal; require the fees to be adjusted in the same manner as for motor fuel excise taxes; require the fee be transferred to the road fund; amend KRS 186.010 to define "nonhybrid electric motor vehicle" and "plug-in electric hybrid motor vehicles"; amend KRS 186.050 to require payment of the highway user fees for nonhybrid electric motor vehicles and plug-in electric hybrid motor vehicles at the time of registration or renewal; amend KRS 138.210 to delete the definitions for "average wholesale price," "average wholesale floor price," and " quarterly survey value"; amend KRS 138.695, 138.270, 234.320, 234.380, 42.498, 177.329, and 177.365 to conform; repeal KRS 138.228, regarding the calculation of average wholesale price of gasoline, KRS 138.4602, regarding determination of total consideration on vehicles purchased between 2009 and 2014, and KRS 175.505, regarding the debt payment acceleration fund; Sections 1 to 3 are EFFECTIVE July 1, 2021; Sections 4 and 6 are EFFECTIVE January 1, 2022; APPROPRIATION.

  RECENT STATUS

2/11/2021 - Introduced

FISCAL MATTERS AND RURAL HOSPITAL APPROPRIATIONS
(BENTLEY D)

AN ACT relating to fiscal matters and making an appropriation therefor.

Amend KRS 48.310, relating to branch budget bills, to make technical corrections.
House Committee Substitute (1) Appropriate General Fund moneys in the amount of $20 million to the rural hospital operations and facilities revolving loan fund; APPROPRIATION.
Senate Committee Substitute (1): Retain original provisions; create new sections in KRS Chapter 148 to provide for the Harrodsburg Sestercentennial Commission; amend KRS 197.045 and 532.100 to provide certain performance-based funding in certain situations for jails; create a new section of KRS Chapter 65 to appropriate $10 million to the West End Opportunity Partnership, conditioned upon receipt of certain funding from private sector investors and a consolidated local government; appropriate various amounts from various sources in fiscal year 2021-2022 to the Community Services and Local Facilities budget unit, Justice Administration budget unit, Court Operations and Administration budget unit, Community Services and Local Facilities budget unit, Facilities and Support Services budget unit, School Facilities Replacement and Renovation Fund, and Learning and Results Services budget unit; amend certain provisions of the Judicial Branch Budget, 2021 Regular Session HB 195/VO; require reporting by the Court of Justice to the Interim Joint Committee on Appropriations and Revenue by September 1, 2021; APPROPRIATION.
Free Conference Committee Report (1): Retain original provisions of the Senate Committee Substitute 1 of HB 556, except that the sentencing credits start in fiscal year 2021-2022 and continue through fiscal year 2023-2024; the $30 million appropriation to the Community Services and Local Facilities budget unit is to be used for both the sentencing credits and the per diem amount for those inmates enrolled in and attending evidence-based program; the $75 million appropriation to the School Facilities Construction Commission to support local area vocational education center renovation costs;APPROPRIATIONS; EMERGENCY.

  RECENT STATUS

4/7/2021 - BECAME LAW WITHOUT GOVERNOR'S SIGNATURE; filed without Governor's signature with the Secretary of State (Acts Ch. 194)

4/7/2021 - VETOED BY GOVERNOR; 2 line items vetoed

3/30/2021 - delivered to Governor

TRANSPORTATION
(SANTORO S)

AN ACT relating to transportation and making an appropriation therefor.

Amend KRS 138.220 to set a single excise tax on gasoline and special fuels; set initial base rate at 34 cents per gallon (cpg); subject tax to annual adjustment; eliminate references to taxation on the average wholesale price of gasoline and the supplemental tax on gasoline and special fuels; require annual notification to motor fuel dealers of the adjusted rate of the excise tax on gasoline and special fuels for each upcoming fiscal year and annual notification to county clerks of the adjusted rate of highway user fees for electric vehicles; amend KRS 138.660 to set the initial base rate for the heavy equipment motor carrier surtax at 4.3 cpg for gasoline and 7.2 cpg for special fuels; subject the surtax to annual adjustment; create a new section of KRS Chapter 138 to define "taxes"; provide a mechanism for annual adjustment of the excise tax on gasoline and special fuels and the heavy equipment motor carrier surtax based on changes in the National Highway Construction Cost Index 2.0; allow these taxes to increase or decrease no more than ten percent from one year to the next, subject to the statutory minimums; create a new section of KRS Chapter 186 to establish a base highway user fee for nonhybrid electric vehicles of $150; require the fee to be adjusted with any increase or decrease in the gasoline tax under Section 3 of the Act; establish an annual highway preservation fee of $35-$40 on noncommercial vehicles with a fuel efficiency of 30 MPG or greater, based on the EPA mileage rating of the make model and year of the vehicle; require collection of both fees at the time of registration; require that both fees be transferred to the road fund; amend KRS 186.010 to define "nonhybrid electric vehicle"; amend KRS 186.018 to increase the fee for a driving history record from $3 to $6; amend KRS 186.020 to eliminate the requirement to present a vehicle's registration receipt when renewing the vehicle registration and allow mail or online registration renewal with no additional fee; amend KRS 186.040 to eliminate the $30 county clerk fee for motor carrier registrations on vehicles in excess of 44,000 pounds; increase the county clerk fee for motor vehicle registrations from $6 to $8; amend KRS 186.050 to increase to state fee for motor vehicle registrations from $11.50 to $22; require payment of the highway user fees for electric vehicles and the highway preservation fees at the time of registration or renewal; provide for a $10 late charge for vehicle registrations not renewed within 30 days of expiration; make technical correction; amend KRS 186.162, 186.180, and 186.240 to conform; amend 186.531 to set reinstatement fee for a suspended operator's license at $100 and provide for distribution of funds; amend KRS 281A.150 to increase reinstatement fees for suspended CDLs from $50 to $100; amend KRS 186A.130 and 186A.245 to set the fee for an initial title at $25, the fee for a duplicate or replacement title at $10, and the fee for a speed title at $40, and adjust the distribution of fees between the Cabinet and the county clerk; amend KRS 189.574 to increase to fee for state traffic school from $15 to $50; amend KRS 189.270 to increase fees for various overweight and overdimensional permits; create a new section of KRS Chapter 174 to create the multimodal transportation fund, specify allowable uses for moneys in the fund, and appropriate funds for those purposes; amend KRS 177.320 and 177.365, regarding allocation of a portion of fuel tax revenue to county road aid funds and municipal road aid funds; change the revenue-sharing formula on the portion of fuel tax revenue available for revenue sharing which exceeds $825 million in any year from 18.3% to counties and 7.7% to cities to 13% for each fund; amend KRS 138.4603, regarding the determination of total consideration for the purpose of calculating retail price for motor vehicle use tax, to limit the trade in allowance on the purchase of new motor vehicles to $25,000; amend KRS 176.080 to establish limitations and awarding of single bid construction contracts the exceed, engineer's estimates, require reporting of such contracts; amend KRS 176.210 to prohibit the Department of Highways from revealing the identities of eligible bidders on a project until the project bid letting; amend KRS 138.210 to delete the definitions for "average wholesale price," "average wholesale floor price," and " quarterly survey value"; amend KRS 138.695, 138.270, 42.409, 234.320, and 234.380 to conform; repeal KRS 138.228, regarding the calculation of average wholesale price of gasoline, KRS 138.4602, regarding determination of total consideration on vehicles purchased between 2009 and 2014, and KRS 175.505 regarding the debt payment acceleration fund for turnpike authority debt; Sections 1 to 3 and 23 to 23 are EFFECTIVE July 1, 2021; Sections 4, 5, and 7 to 12 are EFFECTIVE January 1, 2022; APPROPRIATION.

  RECENT STATUS

2/26/2021 - (H) Referred to Committee House Appropriations & Revenue (H)

2/23/2021 - Introduced

RATIFYING EMERGENCY EXECUTIVE ORDERS
(OSBORNE D)

A JOINT RESOLUTION ratifying emergency executive orders and declaring an emergency.

Ratify emergency executive orders relating to COVID-19 and declare that the orders expire 60 days from the passage of the Resolution; EMERGENCY.
House Committee Substitute (1) Retain original provisions; list emergency executive orders, emergency executive actions, and emergency administrative regulations relating to COVID-19 expiring in either 60 days, 30 days, or on the effective date of the Act; EMERGENCY.
House Floor Amendment (1) Provide that nothing in the Act shall be interpreted to allow state agencies to remain closed for regular in-person business.
Senate Committee Substitute (1) Retain original provisions; change the expiration date of certain emergency executive orders, emergency executive actions, and emergency administrative regulations relating to COVID-19 from 60 days to 90 days; add language providing that the intention of the resolution is not to impair or delay the ability of the Commonwealth to receive any federal stimulus or pandemic related funds; make technical corrections; EMERGENCY.

  RECENT STATUS

3/30/2021 - delivered to Secretary of State (Acts Ch. 168)

3/30/2021 - Enrolled, Signed by President of the Senate

3/30/2021 - Enrolled, Signed by Speaker of the House

LIMIT ON EXECUTIVE ORDERS
(CASTLEN M)

AN ACT relating to emergencies and declaring an emergency.

Amend KRS 39A.090 to 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; amend KRS 39A.100 to allow an executive order relating to elections to remain in effect regardless of the time limitations in KRS 39A.090; amend KRS 39A.180 to limit administrative regulations promulgated under KRS 39A.180 to 30 days unless an extension is approved by the General Assembly; amend KRS 214.020 to limit administrative regulations promulgated under KRS 214.020 to 30 days unless an extension is approved by the General Assembly; amend KRS 241.090 to limit the emergency jurisdiction and peace officer status of administrators and investigators under the alcohol beverage control board to the limitations in KRS 39A.090; amend KRS 315.500 to prevent the time limitations of KRS 39A.090 from affecting the emergency distribution of pharmaceuticals; amend KRS 39A.374 to prevent the time limitations of KRS 39A.090 from affecting the limitations on increased prices during an emergency.
Senate Committee Substitute (1)Amend KRS 39A.020 to redefine "emergency"; amend KRS 39A.090 to require certain emergency executive orders to end after 30 days unless an extension is approved by the General Assembly; for all other executive orders, allow local governments to request an extension of the 30-day limit; prohibit the Governor from declaring an additional, similar emergency order upon the expiration of the first order; waive prospective equitable and declaratory relief immunity under the Eleventh Amendment to the United States Constitution for cases under KRS 446.350 during emergencies; amend KRS 39A.100 to exempt emergency orders moving the election from the 30-day limitation and limit changes to time or place; require the Governor to report to the General Assembly or the Legislative Research Commission expenditures relating to contracts issued during the emergency and all revenues received from the federal government in response to the emergency; amend KRS 39A.180 to require administrative regulations under the emergency to follow the requirements of KRS Chapter 13A, and provide specific requirements for suspending a statute and promulgating administrative regulations under a declared emergency; amend KRS 39A.280 to extend liability protection for architects and engineers for work performed during an emergency without compensation to 90 days from the end of the last extension of the declaration of emergency; amend KRS 39A.990 to change the penalty for violating provisions of KRS Chapter 39A from a Class A misdemeanor to not more than a $100 fine for the first offense and not more than a $250 fine for subsequent offenses; amend KRS 241.090 to limit the jurisdiction and police powers of state administrators and investigators during an emergency; amend KRS 315.500 to specify that the Governor's ability to authorize an emergency supply of medicine is not subject to the 30-day emergency executive order limitation; amend KRS 367.374 to specify that the Governor's ability to prohibit price gouging during an emergency is not subject to the 30 day emergency executive order limitation; EMERGENCY
Senate Floor Amendment (1) Restore the provision of the statute that required law enforcement authority of the state and local governments to enforce written orders and administrative regulations issued pursuant to KRS Chapters 39A to 39F.
House Floor Amendment (1) Ensure that in an emergency, the taking of property by the Governor can only be for the duration of emergency and only for public use, the taking of goods can only be during a shortage of goods, and include certain freedoms in the restrictions on the Governor may impose under the emergency.
House Floor Amendment (4) Amend KRS 39A.090 to limit emergency executive orders, administrative regulations, or other directives issued by the Governor that affect local governments to 30 days; amend KRS 39A.100 to affirm that governmental entities may not impose restrictions on peaceable assembly or worship.

  RECENT STATUS

2/2/2021 - delivered to Secretary of State (Acts Ch. 6)

2/2/2021 - Enrolled, Signed by Speaker of the House

2/2/2021 - Enrolled, Signed by President of the Senate

  NEWS STORIES

4/8/2021 - Kentucky governor notches another court victory for his emergency COVID-19 orders

3/9/2021 - Kentucky pubs, restaurants sue Beshear over COVID-19 restrictions

3/8/2021 - Judge Blocks Bills Limiting Beshear’s Pandemic Powers

3/3/2021 - Judge rules in Beshear’s favor, blocks laws limiting governor’s COVID-19 powers

2/18/2021 - Kentucky judge urges compromise on COVID-19 laws. He will rule within 10 days.

2/17/2021 - Kentucky General Assembly at the halfway point: What's passed so far and what is to come

2/11/2021 - Rand Paul urges KY lawmakers to pass election security measures that already exist.

2/10/2021 - Bill to limit emergency restrictions on child care centers clears Senate committee

2/3/2021 - Judge halts new COVID-19 law that changed Kentucky’s reopening rules

2/3/2021 - New GOP-Backed Executive Order Limit Temporarily Halted, Others Still Intact

2/3/2021 - Gov. Andy Beshear files lawsuit to curb Republican-led efforts to block his authority

2/3/2021 - Judge grants temporary injunction on bill limiting Beshear's COVID-19 powers

2/2/2021 - Budget, gambling among issues facing lawmakers as General Assembly returns for second part of session

2/2/2021 - Ky. Legislature Begins Overriding Gov. Beshear Vetoes

2/2/2021 - GOP swiftly overrides Beshear vetoes. He immediately challenges COVID laws in court.

2/2/2021 - ‘See you in court,’ Beshear tells legislative leaders on taking up his vetoes this week

2/1/2021 - General Assembly 2021 looks at COVID-19 measures, impeachment, budgets as lawmakers return

2/1/2021 - Kentucky Lawmakers Return To Deal With Budget, Vetoes, Impeachment

1/26/2021 - Beshear seeks compromise with legislators on limiting his COVID-19 emergency powers

1/20/2021 - Gov. Andy Beshear vetoes 5 bills, including 3 that limit his COVID-19 emergency powers

1/19/2021 - Beshear vetoes five bills limiting his power. Republicans likely to override him.

1/19/2021 - Beshear Vetoes Bills Limiting Powers During Pandemic, States Of Emergency

1/16/2021 - With GOP lawmakers ready to limit Beshear's pandemic powers, what happens next?

1/11/2021 - Kentucky Gov. Andy Beshear says he will veto bills hampering his Covid-19 response

1/10/2021 - Lawmakers Pass Six Bills In Rare Saturday Session

1/9/2021 - KY legislature sets ‘least restrictive’ COVID-19 standards for businesses, schools

1/9/2021 - Ky. Legislature Sends Beshear Bills Limiting Pandemic Powers

1/9/2021 - ‘Born Alive’ bill first of session to clear Senate

1/8/2021 - Bills restricting Kentucky governor's emergency power moving at warp speed through legislature

1/8/2021 - 9 GOP priority bills on abortion, governor's powers speed through Kentucky legislature

1/8/2021 - These 10 GOP bills are being fast-tracked in the KY legislature. Here’s what they do.

1/6/2021 - Kentucky Republicans fast-track several bills to curb powers of Gov. Beshear

1/5/2021 - Kentucky Legislature Moves To Limit Beshear’s Powers On First Day Of Session

12/31/2020 - The legislature wants to curb Beshear’s executive powers. What does that look like?

ADMINISTRATIVE REGULATIONS
(WEST S)

AN ACT relating to administrative regulations and declaring an emergency.

Amend KRS 13A.010 to define “legislative committee”; amend KRS 13A.030 to include emergency administrative regulations without adequate justification in the list of administrative regulations that may be found deficient; amend KRS 13A.040 to conform; amend KRS 13A.190 to specify requirements for an emergency administrative regulation, provide for public comment and legislative review, specify submission requirements for documentary evidence; amend KRS 13A.220 to require specified information about an administrative regulation to be displayed on the agency Web site; amend KRS 13A.2251 and 13A.2255 to require material incorporated by reference to be displayed on the agency Web site; amend KRS 13A.250 to conform; amend KRS 13A.270 to include public hearings and written comment periods for emergency administrative regulations; amend KRS 13A.280 to include amending an emergency regulation at a legislative committee meeting; amend KRS 13A.290 to conform; amend KRS 13A.300 to conform and to allow a legislative committee to find an emergency regulation deficient if no representation from the administrative body appears; amend KRS 13A.310 to conform and to allow an emergency regulation to be withdrawn under certain conditions; amend KRS 13A.312 to stipulate that transfers of authority or name changes of administrative bodies by executive order during an interim period shall be returned to their previous forms if not codified or confirmed during the next regular session of the General Assembly; amend KRS 13A.315 and 13A.320 to conform; amend KRS 13A.330 to conform and to describe the process to be followed after an emergency administrative regulation is found deficient; amend KRS 13A.331, 13A.335, 13A.336, and 13A.338 to conform; amend KRS 214.020 to require administrative regulations promulgated under the section to be in effect no longer than 30 days if imposing restrictions on gatherings or imposing mandatory quarantine or isolation requirements, include penalty, appeal and due process information, and contain public hearing and written comment periods; amend KRS 214.990 to include violations of KRS Chapter 13A. EMERGENCY.
Senate Committee Substitute (1) Retain original provisions; EMERGENCY.
House Floor Amendment (1) Amend KRS 13A.030 to include in causes of deficiency a failure to provide notice as required in subsection (3) of Section 9 of the Act; amend KRS 214.020 to extend the 30-day limit on administrative regulations limiting in-person meetings to local government meetings.

  RECENT STATUS

2/2/2021 - delivered to Secretary of State (Acts Ch. 7)

2/2/2021 - Enrolled, Signed by Speaker of the House

2/2/2021 - Enrolled, Signed by President of the Senate

  NEWS STORIES

4/8/2021 - Kentucky governor notches another court victory for his emergency COVID-19 orders

3/9/2021 - Kentucky pubs, restaurants sue Beshear over COVID-19 restrictions

3/8/2021 - Judge Blocks Bills Limiting Beshear’s Pandemic Powers

3/3/2021 - Judge rules in Beshear’s favor, blocks laws limiting governor’s COVID-19 powers

2/18/2021 - Kentucky judge urges compromise on COVID-19 laws. He will rule within 10 days.

2/10/2021 - Bill to limit emergency restrictions on child care centers clears Senate committee

2/3/2021 - New GOP-Backed Executive Order Limit Temporarily Halted, Others Still Intact

2/3/2021 - Gov. Andy Beshear files lawsuit to curb Republican-led efforts to block his authority

2/3/2021 - Judge grants temporary injunction on bill limiting Beshear's COVID-19 powers

2/2/2021 - GOP swiftly overrides Beshear vetoes. He immediately challenges COVID laws in court.

2/2/2021 - Kentucky General Assembly overrides Beshear vetoes, setting up legal battle

2/2/2021 - ‘See you in court,’ Beshear tells legislative leaders on taking up his vetoes this week

2/2/2021 - Budget, gambling among issues facing lawmakers as General Assembly returns for second part of session

2/1/2021 - Kentucky Lawmakers Return To Deal With Budget, Vetoes, Impeachment

2/1/2021 - General Assembly 2021 looks at COVID-19 measures, impeachment, budgets as lawmakers return

1/26/2021 - Beshear seeks compromise with legislators on limiting his COVID-19 emergency powers

1/20/2021 - Gov. Andy Beshear vetoes 5 bills, including 3 that limit his COVID-19 emergency powers

1/19/2021 - Beshear vetoes five bills limiting his power. Republicans likely to override him.

1/19/2021 - Beshear Vetoes Bills Limiting Powers During Pandemic, States Of Emergency

1/16/2021 - With GOP lawmakers ready to limit Beshear's pandemic powers, what happens next?

1/10/2021 - Lawmakers Pass Six Bills In Rare Saturday Session

1/9/2021 - KY legislature sets ‘least restrictive’ COVID-19 standards for businesses, schools

1/9/2021 - ‘Born Alive’ bill first of session to clear Senate

1/8/2021 - Bills restricting Kentucky governor's emergency power moving at warp speed through legislature

1/8/2021 - 9 GOP priority bills on abortion, governor's powers speed through Kentucky legislature

1/8/2021 - These 10 GOP bills are being fast-tracked in the KY legislature. Here’s what they do.

REORGANIZATION RELATING TO AGRICULTURE
(HORNBACK P)

AN ACT relating to reorganization and declaring an emergency.

Amend KRS 11.400 to conform; amend KRS 12.023 to remove the Agricultural Development Board and the Kentucky Agricultural Finance Corporation from the Office of the Governor; amend KRS 12.020 to attach the Agricultural Development Board and the Kentucky Agricultural Finance Corporation to the Department of Agriculture, abolish the Kentucky Council on Agriculture, abolish the Kentucky Tobacco Settlement Trust Corporation; amend KRS 18A.115 to exempt employees of the Agricultural Development Board and the Kentucky Agricultural Finance Corporation from classified service, amend KRS 42.016 to conform, amend KRS 246.030 to establish the Kentucky Office of Agricultural Policy, amend KRS 247.944 to attach the Kentucky Agricultural Finance Corporation to the Department of Agriculture, authorize the Commissioner of Agriculture to appoint the members of the board of directors, confirm member appointments as provided in KRS 11.160(2), allow staff services for the board to be provided by the Department of Agriculture, exempt the Kentucky Agricultural Finance Corporation from reorganization under KRS Chapter 12; amend KRS 248.707 to designate the Commissioner of Agriculture to serve as chairperson of the Agricultural Development Board, authorize the Commissioner of Agriculture to appoint members of the Agricultural Development Board, attach the Agricultural Development Board to the Department of Agriculture, allow staff services for the board to be provided by the Department of Agriculture, exempt the Agricultural Development Board from reorganization under KRS Chapter 12; amend KRS 248.709 to require the board to update the comprehensive plan no less than every ten years; amend KRS 248.713 to conform; amend KRS 260.860 to conform; repeal KRS 247.410 relating to definitions, KRS 247.413 relating to creation of council, KRS 247.417 relating to members of council, KRS 247.420 relating to duties and powers of council; KRS 247.421 relating to Agricultural Export Authority, KRS 247.423 relating to steering committee; KRS 247.430 relating to Funds, KRS 248.480, relating to the Kentucky Tobacco Settlement Trust Corporation; transfer affairs associated with the Governor's Office of Agricultural Policy, Agricultural Development Board, and the Kentucky Agricultural Finance Corporation to the Department of Agriculture; authorize the Commissioner of Agriculture to approve projects or programs to be funded by the Agricultural Development Board, authorize the Commissioner of Agriculture to approve actions of the Kentucky Agricultural Finance Corporation, direct board members of the Agricultural Development Board and Kentucky Agricultural Finance Corporation to serve terms as set forth, EMERGENCY.
House Floor Amendment (1) Amend KRS 248.709 to specify hiring of an executive director.

  RECENT STATUS

3/12/2021 - delivered to Secretary of State (Acts Ch. 12)

3/12/2021 - Enrolled, Signed by Speaker of the House

3/12/2021 - Enrolled, Signed by President of the Senate

CREATION OF THE COMMISSION ON RACE AND ACCESS OF OPPORTUNITY
(GIVENS D)

AN ACT relating to the creation of a Commission on Race and Access to Opportunity.

Create a new section of KRS Chapter 7 to establish a Commission on Race and Access to Opportunity; define "commission"; set forth the membership of the commission; authorize the authority to hold monthly meetings, seek comment and testimony, and provide research driven policy proposals; and require the commission to publish an annual report.
Senate Committee Substitute (1) Retain original provisions; include child welfare, juvenile justice, and any other sectors deemed relevant to the study and research areas of the Commission on Race and Access to Opportunity; require the four members appointed by leadership to be from the private and nonprofit sectors, universities, or local governments; require the annual report be submitted to the Legislative Research Commission.
House Committee Substitute (1) Retain original provisions; replace the executive director of the Human Rights Commission with the Attorney General as a member of the Commission on Race and Access.
House Floor Amendment (1) Replace the Attorney General or his or her designee as a member of the Commission on Race and Access to Opportunity with a member selected by the President of the Senate and Speaker of the House of Representatives from a list of three names submitted by the Prosecutors Advisory Council.

  RECENT STATUS

3/28/2021 - BECAME LAW WITHOUT GOVERNOR'S SIGNATURE; (Acts Ch. 146)

3/16/2021 - delivered to Governor

3/16/2021 - Enrolled, Signed by Speaker of the House

EMERGENCY MEETING OF GENERAL ASSEMBLY
(MCDANIEL C)

AN ACT proposing to amend Section 36 of the Constitution of Kentucky relating to time and place of meetings of the General Assembly.

Propose to amend Section 36 of the Constitution of Kentucky to require the General Assembly to convene if the Governor declares a state of emergency in the Commonwealth, and the state of emergency exceeds thirty days in the aggregate of a calendar year during which time the General Assembly is not in regular session. The subjects to be considered by the General Assembly shall be the Governor's executive orders and directives issued pursuant to and relevant to the executive order declaring a state of emergency; ballot language; submit to voters for ratification or rejection.

  RECENT STATUS

2/9/2021 - (S) Referred to Committee Senate State & Local Government (S)

1/5/2021 - Introduced (Pre-Filed)

7/9/2020 - Pre-Filed

ROAD SAFETY
(CARROLL D)

AN ACT relating to road safety.

Amend KRS 512.070 to include, as criminal littering, permitting unsafe amounts of mowed grass to remain on a highway.

  RECENT STATUS

1/5/2021 - Introduced (Pre-Filed)

12/11/2020 - Pre-Filed

MANDATED IMMUNIZATION
(GIRDLER R)

AN ACT relating to immunization and declaring an emergency.

Amend KRS 214.036 to prohibit required immunization of any person by any state agency or instrumentality; create a new section of KRS Chapter 338 to prohibit required immunization of any employee by an employer as defined in KRS 338.015; EMERGENCY.

  RECENT STATUS

2/2/2021 - (S) Referred to Committee Senate Health & Welfare (S)

1/5/2021 - Introduced (Pre-Filed)

10/12/2020 - Pre-Filed

DEFICIENT ADMINISTRATIVE REGULATIONS
(WEST S)

AN ACT relating to deficient administrative regulations.

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

  RECENT STATUS

3/29/2021 - delivered to Secretary of State (Acts Ch. 165)

3/29/2021 - Enrolled, Signed by Speaker of the House

3/29/2021 - Enrolled, Signed by President of the Senate

OFF HIGHWAY VEHICLES
(WHEELER P)

AN ACT relating to off-highway vehicles and making an appropriation therefor.

Create a new section of KRS Chapter 189 to defines the terms "off-highway vehicle," "local government," and "regional authority"; 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; allow a local government to petition the Transportation Cabinet to include state-maintained roadways located within the local government's jurisdiction, for OHV use under local ordinance; prohibits OHV use on fully controlled access highways; outlines OHV ordinance requirements; allow the local government to assess a fee of $30 for an annual OHV permit for Commonwealth residents and $50 for nonresidents; specify that all OHV permits expire on April 1 of each year; permit a local government to contract with a regional authority or a private vendor for the issuance of OHV permits; outline OHV operating requirements for OHV permit holders; require OHV passengers under the age of 18 to wear a helmet; outline OHV signage requirement for local governments and the Transportation Cabinet; require reciprocity between local governments who have passed OHV ordinances; allow the Transportation Cabinet to prohibit the operation of OHVs on any public highway that crosses a state highway or any state highway if deemed in the interest of public safety; outline exemptions; amend KRS 189.515 to conform.
Senate Committee Substitute (1) Retain original provisions; allow local government to pass a pilot project, by ordinance, to allow OHV on roadways; require the local government to have a public meeting prior to passing an OHV ordinance; require public notification of the meeting; outline procedure for a local government to request a state roadway or portion of a state roadway, to be included in their OHV ordinance; expand list of OHV safety and equipment requirements; allow issuance of OHV permits on or after April 1, 2022; require ensuring that an OHV is insured prior to permit issuance; require local government to notify the Transportation Cabinet of any collision involving an OHV that occurred on any roadway approved for OHV use; require a local government to submit an annual report to the General Assembly; direct the Transportation Cabinet to promulgate administrative regulations; amend KRS 189.090 to establish a penalty of $250 for operating an OHV in violation; and provide that provisions sunset on July 1, 2024, unless the General Assembly takes further action.

  RECENT STATUS

3/1/2021 - received in House

2/26/2021 - (S) THIRD READING, passed 36-0 with Committee Substitute

2/26/2021 - (S) Posted for Passage in Regular Orders of the Day; w/ SCS 1

KENTUCKY RIVER AUTHORITY
(SOUTHWORTH A)

AN ACT relating to the Kentucky River Authority.

Create a new section of KRS Chapter 151 to establish definitions for KRS 151.700 to 151.730, regarding the Kentucky River Authority; amend KRS 151.710 to clarify membership requirements for directors of the Kentucky River Authority.

  RECENT STATUS

3/30/2021 - (H) Posted for Passage in Regular Orders of the Day for Tuesday, March 30, 2021

3/29/2021 - (H) SECOND READING to Rules

3/29/2021 - (H) Reported Favorably

TRANSPORTATION
(WILSON M)

AN ACT relating to transportation.

Amend KRS 189.010 to define "Cabinet" as the Transportation Cabinet.

  RECENT STATUS

2/10/2021 - (S) Referred to Committee Senate Transportation (S)

2/9/2021 - Introduced

TRANSPORTATION
(HIGDON J)

AN ACT relating to transportation.

Amend KRS 189.010 to define "Cabinet" as the Transportation Cabinet.

  RECENT STATUS

2/10/2021 - (S) Referred to Committee Senate Transportation (S)

2/9/2021 - Introduced

TRANSPORTATION
(HIGDON J)

AN ACT relating to transportation.

Amend KRS 189.010 to define "Cabinet" as the Transportation Cabinet.

  RECENT STATUS

2/10/2021 - (S) Referred to Committee Senate Transportation (S)

2/9/2021 - Introduced

HIGHWAY CONSTRUCTION CONTINGENCY ACCOUNT
(HIGDON J)

AN ACT to the highway construction contingency account and making an appropriation therefor.

Amend KRS 45.247, regarding the state construction contingency account, to specify uses of moneys in the account; mandate the any unspent balance at the end of a fiscal year in excess of 10% of the previous year's annual appropriation be transferred to the state construction account; amend KRS 176.432 to require reporting of highway construction contingency account expenditures monthly, rather than quarterly; amend KRS 224.43-505 to specify that the entire $5 million annual Road fund transfer to the Kentucky Pride fund be taken for the highway construction contingency account.

  RECENT STATUS

2/11/2021 - (S) Referred to Committee Senate Transportation (S)

2/10/2021 - Introduced