AIA Kentucky
Legislative Update

February 9, 2015

The General Assembly reconvened last Tuesday, February 3 for the remainder of the 2015 legislative session. With only 22 days remaining in the 30 day session, activity has picked up significantly. Over 200 bills were filed this week and LRC staff reports a heavy number of bill requests. February 6 was the last day for bill requests. February 13 is the last day for new Senate bills and February 17 is the last day for new House bills.

The Public-Private Partnership legislation (P3) has still not been introduced. Local Governments have expressed concern about a new provision that requires the Finance Cabinet to approve all local projects. How quickly this is resolved will determine the bill's chances in the current session. AIA Kentucky's support will be determined in part by what changes come out of these discussions.

HB 100, the EPADS legislation passed out of committee this past week and is posted for passage in the Orders of the Day for Monday. EPADs creates a funding mechanism for energy improvement projects on commercial property. AIA Kentucky supports HB 100.

We also support HB 118 which would change the historic preservation tax credit in a manner that makes the credit fairer and more predictable. HB 118 has been assigned to the Appropriations and Revenue Committee.

We are closely watching HB 195, filed by Rep. Mike Denham of Maysville, which makes changes to how local governments may procure supplies, materials and services. AIA Kentucky's position has long been to preserve adherence to the Model Procurement Code provisions in KRS 45A. We are researching what the impact of this legislation could be on procurement of A/E services and will respond accordingly.


AIA Kentucky is reviewing several other bills for their impact on the profession. Below are all the bills AIA Kentucky is currently tracking.


Finally, please consider joining us for this year's Legislative Day at the Capital on Wednesday, March 4. Have breakfast with your legislator and get engaged in the legislative process!  Click here for more information and registration about the day's activities.  
Greg Brotzge 
AIA Kentucky Lobbyist 
Bill Activity Report 

Below is the current status of bills AIA Kentucky is tracking.

Report created on February 9, 2015



SALES AND USE TAX (STUMBO G) AN ACT proposing to amend Section 181 of the Constitution of Kentucky relating to local levies of sales and use taxes.

Propose to amend Section 181 of the Constitution of Kentucky to authorize the General Assembly to confer upon the proper authority of any city or county the power to levy a local option sales and use tax, subject to specifically enumerated conditions and limitations; submit to the voters for approval or disapproval; supply ballot language.


Current Status:   

2/6/2015 - (H) Returned to Committee House Elections, Constitutional Amendments, and Intergovernmental Affairs



PUBLIC PROCUREMENT (DONOHUE J) AN ACT relating to public procurement.

Create a new section of KRS Chapter 45A making findings of the General Assembly and establishing policy of the Commonwealth of Kentucky to promote the Kentucky and United States economies by requiring a preference for iron, steel, and manufactured goods produced in Kentucky and the United States; create a new section of KRS Chapter 45A to define "manufactured in Kentucky," "manufactured in the United States," "Kentucky," and "United States," require preference for iron, steel, and manufactured goods made in Kentucky in construction and maintenance contracts and subcontracts; provide for a waiver of the Kentucky preference requirement; require a preference for iron, steel, and manufactured goods made in the United States if the Kentucky waiver is granted, and provide for a waiver of the United States preference requirement; create a new section of KRS Chapter 45A establishing a short title of "Kentucky Buy American Act"; amend KRS 45A.343, 45A.352, 65.027, 162.070, 164A.575, 176.080, and 424.260 to require compliance with the "Kentucky Buy American Act."


Current Status:   

1/6/2015 - (H) Referred to Committee House State Government



DELINQUENT TAXPAYERS (RIGGS S) AN ACT relating to prohibiting various state and local governmental entities from procuring goods and services from delinquent taxpayers.

Create a new section of KRS Chapter 45A, within the Model Procurement Code, to prohibit any state governmental body from entering into any contract to acquire goods or services from a delinquent state taxpayer; create new sections of KRS Chapters 65, 175, and 177, and amend KRS 160.160, 164A.575, 176.080, and 180.060 to similarly prohibit local government entities, local boards of education, public postsecondary educational institutions, the Kentucky Turnpike Authority, the state Department of Highways, and the Transportation Cabinet from procuring goods or services from a delinquent state taxpayer; amend KRS 131.190 to allow the state Department of Revenue to make the current list of delinquent taxpayers available to the various aforementioned entities to further compliance with the procurement prohibition.


Current Status:   

1/6/2015 - (H) Referred to Committee House State Government



EPAD (KAY II J) AN ACT relating to energy project assessment districts or EPAD.

Create new sections of KRS Chapter 65 to allow local governments to establish energy project assessment district programs in order to advance the efficient use of energy and water resources by allowing for energy projects to be financed by assessments imposed on only those properties participating in a program; define terms; establish the basic required parameters of a program; allow local governments to impose assessments on participating properties and provide the terms for the collection of the assessments, including the grant of senior tax lien status therefor; allow local governments to issue bonds to finance a program; prohibit a local government from imposing an assessment on property under a program except upon the request of the owner of record; provide that no provision of this Act shall be interpreted to expand the statutory powers of eminent domain belonging to a local government, state agency, or private entity; provide that a local government may only engage financing to administer a program from certain financial institutions; declare short title of the Act.


Current Status:   

2/9/2015 - (H) Posted for Passage in Regular Orders of the Day; w/HCS 1



HISTORIC STRUCTURE TAX CREDIT (KEENE D) AN ACT relating to tax credits for rehabilitation of certified historic structures.

Amend KRS 171.397 to alter the application and approval process for the income tax credit for qualified rehabilitation expenses, to make the credit fully refundable, and to remove the cap on annual credit amount; amend KRS 141.0205 to recognize the change in the credit.


Current Status:   

1/8/2015 - (H) Referred to Committee House Appropriations and Revenue



PROCUREMENT (DENHAM M) AN ACT relating to procurement.

Amend KRS 45A.343 to clarify the application of the Model Procurement Code to local public agencies; amend KRS 45A.380 to include sale of materials and equipment at reduced prices in items that may be purchased through noncompetitive negotiation; amend KRS 45A.420 to include services and materials as items that may be negotiated for when subject to price agreements; expand the price agreements to include those with another local public agency, a public university, or a foreign activity defined in KRS 45A.295 if there is no vendor in the Commonwealth of Kentucky; amend KRS 45A.425 to clarify that a city may dispose of its property under KRS 82.083; amend KRS 45A.494 to delete the requirement that reciprocal preference statutes be part of advertisements for bids; amend KRS 82.083 to allow for low value surplus property to be more easily disposed of; allow the Finance and Administration Cabinet to sell surplus property for the city; amend KRS 424.260 to exempt the purchase of materials, supplies, equipment, or professional services from another public agency or political subdivision of the state from advertising requirements.


Current Status:   

2/6/2015 - (H) posted in committee House Local Government



STATE LANDS AND BUILDINGS (YONTS B) AN ACT relating to states land and buildings.

Amend KRS 56.777 to add a representative of the Kentucky Ready Mixed Concrete Association to the High-Performance Buildings Advisory Committee.


Current Status:   

2/5/2015 - (H) Referred to Committee House State Government



MISCLASSIFICATION OF EMPLOYEES (OVERLY S) AN ACT relating to misclassification of employees in the construction industry.

Create new sections of KRS Chapter 337 to set forth legislative findings and declarations behind employee misclassification problems; provide definitions; set forth determination of misclassified workers; set forth investigation process and violations; establish court remedies; require notice by an employer; grant commissioner authority to promulgate administrative regulations; require agencies to share the information of a misclassifying employer to other interested state agencies; amend KRS 337.990 to establish penalties for violations; amend KRS 45A.485 to prohibit contractors with multiple violations from contracting with the state for two years; amend KRS 131.190 to require the Department of Revenue to provide copies to three other state agencies; create a new section of KRS Chapter 341 to require the Office of Employment and Training to provide copies of orders to three other state agencies; create a new section of KRS Chapter 342 to require the commissioner to provide copies to three other state agencies.


Current Status:   

2/5/2015 - (H) Referred to Committee House Labor and Industry



URBAN DEVELOPMENT (SCHAMORE D) AN ACT relating to urban development.

Create a new section of KRS Chapter 65 to provide the local rehabilitation credit; create a new section of KRS Chapter 141 to provide the state abandoned building income tax credit; amend KRS 141.0205 to order the credit.


Current Status:   

2/5/2015 - (H) Referred to Committee House Appropriations and Revenue



BLIGHTED PROPERTIES (JENKINS J) AN ACT relating to blighted and deteriorated properties.

Amend KRS 99.700 to expand findings to include all local government jurisdictions; amend KRS 99.705 to define "alternative government entity," "local government," and "nuisance code"; amend KRS 99.710 to expand the availability of spot condemnation to all forms of local government; allow the duties that could be fulfilled by a vacant property review commission to be assigned to an alternative government entity with a similar mission; amend KRS 99.715, 99.720, 99.725, and 99.730 to conform; create a new section of KRS 99.700 to 99.730 to establish a tax delinquency diversion program for blighted property; amend KRS 416.540 to define "government lien" and "local government" and make technical corrections; amend KRS 416.570 to provide that a petition filed for a condemnation instituted pursuant to KRS 99.700 to 99.730 include certification of the assessment made by the property valuation administrator, a list of all government liens against the property and the amount due, and an estimate of the expense necessary to bring the property up to code; amend KRS 416.580 to provide that the presumed fair market value of property in eminent domain proceedings brought under KRS 99.700 to 99.730 shall be the assessed value as established by the property valuation administrator reduced by the total amount of all government liens and the estimated cost of repairs necessary to bring the property up to code; provide that the presumption may be rebutted by the property owner through submission of an independent appraisal establishing a different fair market value; amend KRS 416.610 and 416.660 to conform; amend KRS 134.128 and 134.504 to reference the tax delinquency diversion program established by Section 8 of the Act; amend 92.305 to conform.


Current Status:   

2/6/2015 - (H) posted in committee House Local Government



POSTSECONDARY EDUCATION CAPITAL PROJECTS (RAND R) AN ACT authorizing bonds for a postsecondary education capital project, making an appropriation therefor, and declaring an emergency.

Appropriate to the University of Kentucky from the General Fund $5,459,000 in fiscal year 2015-2016 for debt service to support General Fund Bonds; authorize and appropriate $132,500,000 in Bond Funds in fiscal year 2014-2015 and $132,500,000 in Restricted Funds in fiscal year 2014-2015 for construction of a Research Building at the University of Kentucky; establish that it is the intent of the 2015 General Assembly that the University of Kentucky not base any decision to proceed with the capital project on an expectation of receiving any General Fund moneys for the operation and maintenance of that facility in future biennia; stipulate that all authorizations and appropriations for the capital project shall expire on June 30, 2016, unless reauthorized, with the following exceptions: a construction or purchase contract for the project is awarded, or permanent financing or a short-term line of credit sufficient to cover the total authorized bonds is obtained if the appropriated project completes an initial draw on the line of credit within the fiscal biennium immediately subsequent to the original bond authorization; EMERGENCY.


Current Status:   

2/6/2015 - (H) posted in committee House Appropriations and Revenue



TAXATION (RAND R) AN ACT relating to taxation.

Amend KRS 132.380 to clarify that, if a second property valuation administrator exam within a county is necessary, notice shall be made by issuing a press release in that county and by posting an announcement on the Web site of the Department of Revenue; amend KRS 133.020 to allow for an authorized person other than the county judge/executive to swear in a new member of the local board of assessment appeals; amend KRS 133.120 to clarify that real estate appraisers may represent a property owner in assessment appeals; amend KRS 136.180 to clarify that common carrier water transportation companies are taxed as public service corporations under KRS 136.1801 to 136.1805; amend KRS 136.1877 to make conforming changes; amend KRS 136.310 to clarify that the total value of bank deposits maintained in Kentucky shall be determined by the same method used for filing the summary of deposits report with the Federal Deposit Insurance Corporation for purposes of the foreign savings and loan tax; amend KRS 136.555 to correct a statutory reference related to the local government franchise tax on bank deposits; amend KRS 138.330 to clarify that a financial instrument is an acceptable form of surety for motor fuels taxes; amend KRS 138.460 to conform to finalized litigation related to the return of a motor vehicle to a dealer within 60 days; amend KRS 138.4603 to remove an incorrect formula for determining the retail price of a new vehicle; amend KRS 131.183 to base the annual adjustment of the tax interest rate on prime rate charged by banks in September rather than October; amend KRS 141.180 to make approvals of innocent spouse relief effective as of the date that the relief is approved by the Internal Revenue Service or the department, and to allow for payments made after the effective date of the relief to be refunded as applicable; make various other technical corrections.


Current Status:   

2/5/2015 - (H) Referred to Committee House Appropriations and Revenue



CERTIFICATION OF ROOFERS (RIGGS S) AN ACT relating to the certification of roofers and making an appropriation therefor.

Create new sections of KRS Chapter 198B to define "board," "roofing contractor," and "roofing"; exempt home owners and farm owners working on their own home or farm from roofing contractor certification requirements; establish the Kentucky Board of Roofing Contractors; assign duties and powers to the board; establish certification requirements and fees for roofing contractors; require the department to develop an on-line system for paying consumer protection surcharge fees; allow any inspector licensed or certified by the department to have authority to review roofer certification and consumer protection surcharge payment on job sites; establish penalties; APPROPRIATION.


Current Status:   

2/6/2015 - (H) posted in committee House Licensing and Occupations



LIMITED LIABILITY ENTITY TAX (YONTS B) AN ACT relating to the limited liability entity tax.

Amend KRS 141.0401 to expand the definition of "cost of goods" sold to include any costs allowed by the Internal Revenue Code; amend KRS 141.040 to conform; apply to tax years beginning on and after January 1, 2015.


Current Status:   

2/6/2015 - Introduced



LOCAL OPTION SALES AND USE TAX (THOMPSON T) AN ACT relating to local option sales and use taxes.

Create new sections of KRS Chapter 65 to establish the parameters and requirements for the levy of local option sales and use taxes, if a proposed constitutional amendment allowing such a levy is approved; create a new section of KRS Chapter 139 to establish tax administration provisions; amend KRS 139.570, 139.670, 139.778, 144.132, and 183.525 to conform; amend KRS 131.190 to allow the Department of Revenue to share information related to the local option, sales and use taxes with local jurisdictions imposing the tax; provide that the provisions of the Act will be effective on January 1, 2017, only if the proposed constitutional amendment is approved by the voters of the Commonwealth at the November 2016 general election; if the proposed amendment is not approved, the Act is void.


Current Status:   

2/6/2015 - Introduced



SPECIAL PURPOSE GOVERNMENTAL ENTITIES (DENHAM M) AN ACT relating to special purpose governmental entities.

Amend KRS 65A.010 to clarify that a private entity does not include an entity that is created wholly or in part by a local government or one whose membership includes appointees by a local government, or whose voting membership includes ex-officio local government officials, and clarify that excluded entities are those whose finances, as well as their budgets and financial information, are integrated with the local government in which it operates; amend KRS 65A.020 to allow one-time grant revenues to be excluded in the calculations of the level of the annual fees the special purpose governmental entities are to pay DLG for the registration fees; amend KRS 65A.030 to allow a board, commission, or agency established by statute that has regulatory or oversight responsibilities for a category of special purpose governmental entities to, with the auditor of public accounts' consent, provide alternative financial reviews to satisfy the attestation engagement requirement in the section, and allow the exclusion of one-time grant receipts in determining the requirements relating to audits and financial statements of the special purpose governmental entities.


Current Status:   

2/6/2015 - Introduced



ENERGY EFFICIENCY CREDITS (ADKINS R) AN ACT relating to energy efficiency credits.

Amend KRS 141.436 to extend the energy efficiency tax credits to taxable periods beginning before January 1, 2023; amend KRS 141.437 to extend the ENERGY STAR home and ENERGY STAR manufactured home tax credit to taxable periods beginning before January 1, 2023.


Current Status:   

2/6/2015 - Introduced



CONTRACTS (STIVERS R) AN ACT relating to contracts.

Amend KRS 336.130 to prohibit mandatory membership in or financial support of a labor organization as a condition of employment and to name this section the "Kentucky Right to Work Act"; amend KRS 336.180 to conform; amend KRS 336.990 to make a violation of the Act a Class A misdemeanor, award damages, and provide injunctive relief; create new sections of KRS Chapter 336 to exempt existing contracts or agreements; require the Attorney General to investigate complaints and prosecute those who violate Section 1 of the Act; amend KRS 67A.6904, 67C.406, 70.262, 78.470, 78.480, and 345.050 to conform.


Current Status:   

1/9/2015 - received in House



CONSTITUTIONAL AMENDMENT (BOWEN J) AN ACT proposing to amend section 29 of the Constitution of Kentucky relating to administrative regulations.

Propose to amend Section 29 of the Constitution of Kentucky to permit the General Assembly or an agency or committee it creates to review, approve, or disapprove any administrative regulation of the executive branch during or between regular sessions of the General Assembly; submit to the voters for approval or disapproval; supply ballot language.


Current Status:   

2/3/2015 - received in House



LOCAL GOVERNMENT COMMERCIAL ACTIVITY (GIRDLER C) AN ACT relating to commercial activities of local governments.

Create a new section of KRS Chapter 65 to establish procedures for local governments to enter into the retail or wholesale sale of a commercial product or service.


Current Status:   

2/6/2015 - Introduced


Week in Review - 2/6/2015


Kentucky House Labor Committee OKs Minimum Wage Hike
The House labor committee on Thursday approved a bill that would raise Kentucky's minimum wage to $10.10 by July 2017.

Legislation creating pilot charter schools in Fayette and Jefferson Counties passes Senate committee
A bill which would establish limited charter schools on a pilot program basis in Fayette and Jefferson counties passed the Senate Committee on Education Thursday.

Fired LRC staffer looks to add House majority whip to lawsuit, seeks more info on past complaints
A judge will decide soon whether state House Majority Whip Johnny Bell can be added to a lawsuit filed by a woman he fired after restaffing his leadership office.

State Senate approves bill establishing review panels for malpractice suits
The Senate approved a bill Thursday on a 24-12 vote that would set up "medical review panels" to consider whether malpractice, abuse or neglect lawsuits have merit before they go to trial.

Death penalty opponents seek reform in Ky
Kirk Bloodsworth still remembers prison guards taunting him about the gas chamber as he sat on death row for the rape and murder of a 9-year-old Maryland girl -- a crime he didn't commit.

Judge: Agency must turn over sexual harassment complaints involving lawmakers
The Legislative Research Commission must turn over all sexual harassment complaints involving lawmakers and staffers filed within the past five years, plus an investigative report about allegations against former state Rep. John Arnold, a judge ruled Wednesday.


Proposed legislation would allow students to join superintendent search committees
At the urging of the Prichard Committee for Academic Excellence Student Voice team, state Rep. Derrick Graham said Tuesday that he filed legislation that would allow a school board to place high school students on superintendent search screening committees.

State treasurer, lawmaker propose retirement savings plan for private employees
State Treasurer Todd Hollenbach and state Rep. Martha Jane King, D-Lewisburg, unveiled legislation Tuesday designed to help Kentuckians who lack access to a retirement saving plan at their workplace.

3 GOP gubernatorial hopefuls back Ky tax reform
Three GOP candidates for governor said Tuesday they want to reform Kentucky's tax structure to make the state more competitive with its neighbors when recruiting businesses, but a fourth Republican candidate said reform is simply a way to raise taxes.

Dating abuse bill before Kentucky legislature
As the Kentucky General Assembly reconvenes Tuesday, lawmakers appear close to addressing a problem they have debated for more than a decade -- abuse within dating couples.


Questions or comments may be directed to Legislative Chair Eric Steva, AIA, Lobbyist Greg Brotzge or Executive Vice President Janet Pike
Janet D. Pike, Hon. AIA
Executive Vice President
AIA Kentucky
(859) 223-8201
In This Issue





March 4, 2015

2014 Legislative Day
Rob Deal, AIA and Tony Kleyer, AIA talk with Rep. Brad Montell of Shelbyville

Rex Cecil, AIA and Joe Schwab, AIA talk with Rep. Ron Crimm of Louisville

Sen. Carroll Gibson of Leitchfield talks with Joe Jones, AIA and Tom Lett, AIA

Daniel Ware, AIA, Raymond Mack, AIA and Mathew Triplett, AIA

Rep. John Tilley of Hopkinsville and Martha Tarrant, AIA

Rex Cecil, AIA and Rep. James Kay of Versailles

Eric Steva, AIA and Jeff Stivers, AIA talk with Sen. Perry Clark of Louisville