KBT


Legislative Issues


2010 Legislative Issues

The Kentucky General Assembly convenes in regular session on the first Tuesday after the first Monday in January for 60 days of even-numbered years and for 30 days in odd-numbered years. Special sessions are at the call of the governor. The Kentucky Constitution provides that regular sessions in even numbered years must be completed no later than April 15 and March 30 in odd-numbered years.

Information on meetings of committees is at http://www.lrc.ky.gov/legislative_calendar/index.aspx

Selected State Legislation of Interest to KBT Members 
                 (as of Friday, April 2, 2010) 
(Updated status of bills available at www.lrc.ky.gov)   

Administrative

HB 363 (Rep. Collins) Eliminate out-dated statutory requirement that vehicle title information be kept and stored on microfilm; allow for other methods of storage.  KBT Support.  To House – Transportation Committee.  Passed favorably from Committee on 2/9.  To House floor.  Passed House 98-0 on 2/17.  To Senate – Transportation Committee.  Passed favorably from Committee on 3/10 by vote of 11-0.  Add provision to eliminate $7 registration fee of motorcycle sidecars.  To Senate floor and Consent Calendar on 3/11.  Passed Senate 38-0 on 3/24.  Signed by Senate President and Speaker of the House on 3/25.  Delivered to Governor on 3/25.

Airports

HB 183 (Rep. Wayne) Create new tax credit for residential noise abatement in airport runway corridor areas.  KBT monitor.  To Approp. & Revenue Committee on January 6.

Auto Dealerships

HB 217 (Rep. Lee) Prohibit the granting of a license for a new auto dealership if located within a 10-mile radius of former dealership that was forced to close when franchise was revoked by manufacturer. KBT monitor.  Passed House Transportation on 1/26; to House Floor.  Passed House 98-0 on 2/2. To Senate.  Received in Senate on 2/3. To Senate – Transportation Committee on 2/5.  Passed favorably out of Committee on 3/17 by vote of 11-0; To Senate floor on Consent Calendar on 3/19.  Passed Senate 37-1 on March 24.  Returned to House to Rules Committee on 3/25.  Passed House 92-0 on 3/26; Delivered To Governor on 3/29.

HB 297 (Rep. Lee) Establish standards for 501(c)3 non-profit motor vehicle dealers (e.g. Goodwill, Salvation Army, etc.) to both purchase and sell motor vehicles; require that purchase and sale only for “clients”; define “clients” in narrow manner.  Supported by Ky. Auto Dealers Assoc. KBT monitor.  Passed House Transportation on 2/2; to House Floor on consent.  Passed  House 99-0 on 2/10.  To Senate – Transportation Committee. Passed favorably from Committee on 3/10 by vote of 11-0. To Senate floor and Consent Calendar on 3/11. Passed Senate 38-0 on 3/18.  Signed by Speaker of the House on 3/19.  Signed by Senate President on 3/22. Delivered to Governor on 3/22.  Signed by Governor on 3/30.

Bidding and State Contracting Practices

SB 45 (Sen. Tapp) Give preference to Ky. bidders in state government projects; establish bidders must have at least one year residence in state.  KBT monitor.  To Senate – State & Local Government. Passed favorably from Committee on 1/20.  To Senate Floor.  Passed Senate 38-0 on 1/28.  To House – State Government Committee. Passed favorably out of Committee on 2/25; To House floor.  Recommitted to House – State Govt. Committee on 3/3.  Passed favorably from Committee on 3/11; To House floor on Consent Calendar on 3/12; removed from Consent Calendar on 3/15. Passed House on 3/23 by vote of 95-0.  Received back in Senate on 3/23. Conference Committee met and agreed to final report.  House passed Conference Committee report 95-0 on 4/1.  Sent to Senate.     

Distracted Driving, Inattentive Driving, Text/Cell Phone Usage While Driving

HB 27 (Rep. Nelson)  Prohibits cell phone usage by any driver under the age of 18, but prohibits texting while driving for all drivers, regardless of age; probationary period through November 1, 2010; fine after probationary period is $50 per offense.  KBT Support.  To House Transportation Committee on January 6.  (No further action likely on this bill, as HB 43 or SB 23, below, will be the active legislation.)

HB 43 (Rep. Richards) Prohibits texting while driving for all ages; prohibits text and cell phone use for drivers under 18; probationary period ends November 1, 2011 during which time warnings are issued; fines after probationary period are $20 to $100 for each offense.  KBT Support.  Passed House Transportation Committee on 1/26; To House Floor.  Passed House 80-16 on 2/4 with House floor amendment requiring vehicle to be in motion to constitute a violation.  To Senate. To Senate Judiciary Committee on 2/8.

HB 232 (Rep. Burch) Prohibits cell usage of both verbal and text communications while driving; warning for first violation; fines between $20 and $100 for subsequent offenses.  KBT Support.  Failed in House Transportation Committee on 1/26; No further action likely.

SB 23  (Sen. Harper Angel)  Prohibits texting, instant messaging, and e-mailing while driving; probationary period ends November 1, 2010 during which time warnings are issued; fines after November 1, 2010 are set at $25 for first offense and not less than $50 for subsequent offenses.  If violation results in auto accident, fines are to be less than $200 and no more than $600.  KBT Support.  To Senate Judiciary Committee on January 6.  Testimony heard in favor of bill in Committee on 3/18. Passed out of Senate Judiciary on 3/23 with amendments to lower fines, and other changes. Passed Senate 27-6 on 3/23.  To House to concur in Senate amendments.  Assigned to House Judiciary Committee on 3/25.  SB 23 was attached to HB 415 on 4/1; passed House 86-10.  Now goes to Governor.

DUI Legislation

HB 58 (Rep. Keene) (54 co-sponsors!!) Require ignition interlock usage beginning with first DUI; require offender to drive with interlock equipped work vehicle as well; require interlock usage while offender is driving on a hardship license.  KBT Support.  To House Judiciary Committee on January 6; reassigned to Approp. & Revenue Committee on January 26. Passed 22-0 out of Approp. & Revenue Committee on 2/9.  To House Floor.  Passed House 95-0 on 2/18.  To Senate – Judiciary Committee on 2/22.   

HB 121 (Rep. Harmon) Expand look-back period from 5 years to 10 years for prior offenses; allow for forfeiture of motor vehicle in DUI if operator’s license has been suspended previously.  KBT Support.  To House Judiciary Committee on January 5.

SB 144 (Sen. Jones) Establish a per se violation of DUI statutes if driver has controlled substances in blood; reduce required alcohol concentration for aggravating circumstances from 0.18 to 0.15.  KBT Support.  To Senate Judiciary.  Passed favorably out of Senate Judiciary on 2/11.  To Senate floor.  Passed Senate 34-2 on 2/18.  To House – Judiciary Committee on 2/22.  Bill “posted” for action on 3/23.  Bill receives reading on 3/24, then returned to House Judiciary Committee.  Reported favorably on 3/26, received second reading, then referred to House Appropriations & Revenue Committee on 3/29.      

Highways, Streets & Bridges

HB 24 (Rep. Richards) Provide local entities (tourist agencies, etc.) authority to purchase a “brown sign” for local tourist and historical sites. Signs still must be approved, installed by Transportation Cabinet. KBT monitor. Passed House Transportation on 1/26; to House Floor on consent.  Passed House 95-0 on 2/3; To Senate.  To Senate – Transportation.  Passed favorably out of Committee on 3/3 by vote of 11-0; To Senate floor on Consent Calendar.  Passed Senate 36-0 on 3/11.  Signed by Speaker of the House; Signed by Senate President. Delivered to Governor on 3/15.  Signed by Governor on 3/25.   

HB 267 (Rep. Thompson) Extend the sunset date from June 30, 2010 to August 31, 2010 for the $25 million vehicle sales tax offset, when trading in a car to purchase a new car.  KBT opposed.  To House Appropriations & Revenue Committee – January 19.  Passed favorably out of Committee on 2/23; To House Floor.  Passed House 99-0 on 3/3; To Senate on March 4.  To Senate – Appropriations & Revenue Committee on 3/8.  Given first and second “readings” on 3/24 and 3/25.  Back to Senate – Appropriations & Revenue Committee.

HB 410 (Rep.DeCesare) Make permanent the allowance of trade-in credit when determining the motor vehicle usage tax on new vehicle purchases. KBT Opposed.  (Note: if enacted, this bill would permanently extend the trade in credit, set to expire on June 30, 2010.  This credit is currently funded by diverting $25 million from the Road Fund.)  Introduced on Feb 9.  To House – Appropriations & Revenue Committee on 2/10. 

SJR 169 (Sen. Williams & 8 co-sponsors) Ratify the appointments of Governor and ratify the formation of the Ohio River Bridges Bi-State Authority to accelerate construction of the Southern Indiana – Louisville Bridges mega-project.  Include emergency clause making ratification effective upon Governor’s signing bill.  KBT Supports. Introduced Feb 24.  To Senate – Transportation.  Passed 11-0 in Senate Transportation on 3/3.  To Senate floor on 3/3, passed 38-0.  To House on 3/4.  To House - Transportation Committee.  Posting requirement waived.  Passed favorably out of Committee on 3/9 by vote of 16-0.  To House floor on Consent Calendar. Scheduled for House floor vote on Monday, March 15.  Passed House 88-3 on 3/17.  Signed by Senate President on 3/19. Signed by Speaker of the House on 3/22.  Signed by Governor on 3/25. 

License Plates

HB 40 (Rep. Collins) Provide state legislators immunity from lawsuit when groups litigate special license plate issues with the Transportation Cabinet.  KBT monitor.  Passed House Transportation on 1/26; to House Floor on consent.  Passed House 94-1; To Senate.  To Senate – Transportation Committee.  Passed favorably out of Committee on 3/10 by vote of 11-0.  To Senate floor and Consent Calendar on 3/11.  Passed Senate 38-0 on 3/18.  Signed by Speaker of the House on 3/19. Signed by Senate President on 3/22.  Delivered to Governor on 3/22.  Signed by Governor on 3/30. 

HB 100 (Rep. Gooch and 12 co-sponsors) Provide that “In God We Trust” license plate as a alternative standard-issue license plate for motorists. KBT monitor.  Passed House Transportation on 1/26; to House Floor on consent.   Passed House 93-1 on 2/2.   To Senate.  Received in Senate 2/4.  To Senate - Transportation Committee on 2/4.

HB 470 (Rep. Collins) Establish new system dealing with motor vehicle license plates so that plates stay with original owner of vehicle and are placed on subsequent vehicles.  Effective January 2013. Supported by County Clerks,  law enforcement agencies  and auto dealers.  Introduced 2/22;  To House – Transportation Committee.  Passed favorably out of Committee by vote of 20-0 on 3/3; To House; Passed favorably in House by vote of 100-0 on March 4.  To Senate – Transportation Committee on 3/9.  Passed favorably from Committee on 3/17 by vote of 11-0; to Senate floor on Consent Calendar.  Recommitted to Senate Transportation on 3/24.

Public Transit

HB 82 (Rep. Horlander) Increase penalty for menacing and disorderly conduct relating to assault on operator or passenger of taxi, bus and other vehicles for hire.  KBT Monitor.  To House – Judiciary Committee on Jan. 5.

Rail and Railroads

HB 31 (Rep. Nelson) Require Transportation Cabinet to inspect railroad grade crossing twice a year, if traffic count at crossing exceeds 700 vehicles daily.  KBT monitor.  To House Transportation on January 5.

HB 181 (Rep. Nelson) Establish new standards for railroad employees; define railroad contract carrier employee, establish rules and standards, require $5 million liability insurance.  KBT opposed.  To House Transportation Committee on January 5.

HB 432 (Rep. Nelson) Establish new standards for railroad employees, define railroad contract carrier employee, establish rules and standards, require $5 million liability insurance.  KBT opposed.  To House – Labor & Industry Committee on 2/18; Voted favorably out of Committee on 2/25.  To House Floor.  Scheduled for House Floor vote on Friday, March 5.  Recommitted to House – Appropriations & Revenue on 3/25.

HB 498 (Rep. Pullin) Establish 7-member Passenger Rail Transportation Advisory Board to advise executive and legislative branches of Kentucky state government; prohibit payment of board members and prohibit reimbursement of expenses; provide for quarterly meetings and attach Advisory Board administratively to KYTC. KBT Support.  To House – Transportation Committee on 2/24; Passed favorably out of Committee on 3/9 by vote of 16-0; to House floor and Consent Calendar.  Scheduled for House floor vote on Monday, March 15.  Passed House 95-0 on 3/15; To Senate – Transportation Committee on 3/17.

HJR 133 (Rep. Glenn) Require KYTC to study feasibility of establishing a high speed rail network in Kentucky. KBT Support.  To House – Transportation on 2/10.

Traffic Safety Legislation

HB 15 (Rep. Riner) Prohibits shock probation until either service of one year of imprisonment or completion of comprehensive substance abuse treatment with supplemental character and education components; to be titled “Kentuckians Against Drunk Driving Act.”  KBT monitor.  To House Judiciary Committee on January 5.

HB 79 (Rep. Arnold) Extend the allowable traveling distance for golf carts on local roads (not state roads) from 5 miles to 7 miles from a golf course.  KBT monitor.  To House Transportation Committee on January 5.  Amended to eliminate references to distances altogether and allow city governments or county governments to enact local ordinances allowing golf cart travel, based on local circumstances.  Passed favorably from Committee on 2/23; To House Floor.  Passed House 94-5 on 2/25.  To Senate – Transportation Committee on 3/1. Passed favorably out of Committee on 3/10 by vote of 12-0.  To Senate floor and Consent Calendar on 3/11.  Passed Senate 38-0 on 3/18. Signed by Speaker of the House on 3/19.  Signed by Senate President on 3/22.  Delivered to Governor on 3/22.  Signed by Governor on 3/31.   

HB 113 (Rep. Denham) Requires the illumination of headlights during any period of precipitation that necessitates the use of windshield wipers by motorists.  KBT monitor.  To House Transportation Committee on January 5.

HB 131 (Rep. Burch) Requires KYTC to issue magnetic decals that shall be affixed to motor vehicles identifying drivers who hold an instructional permit.  KBT Support.  Passed House Transportation Committee on 1/26; To House floor.  Passed House 55-39 on 1/28.  To Senate.  To Senate Transportation Committee on 2/3.  

HB 352 (Rep. C. Miller) Specify that double fines in work zones are only applicable when required signs are posted and workers are physically present in work zone.  KBT monitor.  To House – Transportation Committee.  Passed favorably out of Committee on 2/9.  To House Floor.  Passed House 98-0 on 2/17.  To Senate.  To Senate – Transportation Committee on 2/22.

HR 91 (Rep. Ballard) Request KYTC perform study on cost savings and safety implications of reducing amount of lighting used on remote parkway interchanges.  KBT Monitor.  Adopted by vote of 98-0 on 2/11.

Waterway

HB 28 (Rep. Coursey) Establish 7-member Water Transport Advisory Board to serve as an expert advisory body to the legislative and executive branches of Ky. state government; establish that Board members receive no compensation or reimbursement.  KBT Support. Passed House Transportation Committee on 2/2; To House floor. Passed House 95-1 on 2/4.  To Senate – Transportation.  Passed Senate Transportation on 3/3 by vote of 11-0.  To Senate floor on Consent Calendar.  Passed full Senate on 3/9 with voice vote.  Return to House to concur in Senate amendments. Received in House 3/11.  House passed with Senate amendments by vote of 97-0 on 3/24. Signed by Senate President and Speaker of the House on 3/25. Delivered to Governor on 3/25.