HB 659/LM (BR 1237) - L. Clark, R. Crimm, D. Horlander, C. Miller, J. Wayne
AN ACT relating to consolidated local governments.
Create new sections of KRS Chapter 67C to clarify that the mayor assumes all appointment authority for boards and commissions in a consolidated local government (CLG); clarify that all powers, privileges, and immunities conferred to cities and counties are conferred to a CLG; permit removal of elected officers for misconduct, incapacity, or willful neglect as prescribed; require charges to be preferred by 5 members for officers and 10 members to prefer charges against the mayor; give an officer the right to a public hearing; require 2/3 vote of those eligible to vote for removal, appealable to Circuit Court and Court of Appeals; prohibit a removed officer from being eligible to fill a vacated office until the end of the original term; permit the division of the CLG into service districts for tax purposes upon petition of residents; permit a CLG to alter or abolish the districts but not expand them unless approved by petition of voter residents; prohibit a CLG from changing a district if it would adversely affect other local governments as prescribed; amend KRS 64.250 to remove salary provisions for justices of the peace in a CLG; amend KRS 65.540 to transfer appointment of authority members from the county judge/executive to the mayor in a CLG; amend KRS 65.570 to permit the executive director to be appointed by the mayor; amend KRS 67.120 to permit the CLG to have its own clerk and a deputy clerk; amend KRS 67.722 to remove the provisions for the road fund expense funds for the county judge/executive in a county containing a CLG; amend KRS 67C.101 to clarify a CLG as a separate class of local government with sovereign immunity; amend KRS 67C.103 to exempt notice of special meetings of a CLG from newspaper publication but require other public notice pursuant to KRS Chapter 424; amend KRS 67C.105 to clarify that the mayor has all appointment powers in a CLG; amend KRS 67C.107 to clarify that contracts under renegotiation upon the establishment of a CLG shall continue; amend KRS 67C.115 to establish an order of preference relating to the reconciliation of existing city and county ordinances; amend KRS 68.160 to require the mayor to appoint a purchasing agent for a CLG as prescribed; amend KRS 76.030 to establish 3 year terms of appointment for board members in a CLG; amend KRS 76.060 to permit the mayor to appoint prescribed MSD board members in a CLG; amend KRS 77.070 to permit the mayor to appoint the board members on the air pollution control board in a CLG; amend KRS 80.450 to permit the mayor in lieu of the county judge/executive to appoint the executive director of the housing authority in a CLG; amend KRS 80.480 to permit the mayor to appoint housing authority members in a CLG; amend KRS 91A.370 to outline the duties of the mayor and the Governor to appoint the members of the tourism commission in a CLG; amend KRS 96.240 to increase the board of the water company in a CLG from 4 to 6 members; amend KRS 96A.010 to establish the mayor in a CLG as the appointing authority; amend KRS 96A.040 to change from 4 to 3 years the term of office for board members in a CLG; amend KRS 96A.070 to authorize the mayor to appoint the executive director of the transit authority in a CLG; amend KRS 97.035 to change from 4 to 3 years the term of office for board members in a CLG; amend KRS 98.310 to authorize the mayor in a CLG to appoint the director; amend KRS 98.350 to authorize the mayor in a CLG to appoint an advisory board in the department of welfare; amend KRS 100.127 to delete the requirement for the adoption of a planning agreement in a CLG; amend KRS 100.141 to exempt a CLG from legislative oversight of appointments to the planning commission; amend KRS 100.217 to require only 1 board of adjustment in a CLG; amend KRS 100.403 to expand the definition for "land use officer" in a CLG as prescribed; amend KRS 173.106 to direct that funds donated to the library be transferred directly to the CLG; amend KRS 212.380 to permit the mayor in a CLG to appoint the board members of the board of health; amend KRS 241.170 to give the ABC administrator in a CLG county-wide control except in those cities who have opted to hire their own administrators; amend the following KRS sections to establish a reference to KRS 67C: 15A.305, 15.760, 31.185, 39B.020, 39C.050, 39F.200, 45A.345, 61.080, 61.210, 61.220, 62.055, 63.220, 64.345, 64.350, 64.5275, 65.003, 65.156, 65.158, 65.170, 65.192, 65.245, 65.410, 65.466, 65.490, 65.499, 65.570, 65.680, 65.7701, 65.940, 66.041, 66.131, 67.077, 67.705, 67.712, 67.825, 67.830, 67B.010, 67B.020, 67B.030, 67B.040, 67B.050, 67B.060, 67B.070, 67C.109, 67C.121, 67C.123, 68.130, 68.140, 69.130, 69.210, 69.320, 70.030, 70.260, 70.262, 70.320, 70.542, 71.110, 72.435, 72.450, 72.455, 75.031, 77.065, 77.115, 77.127, 77.135, 77.140, 77.275, 81.028, 81.380, 81.050, 81A.410, 82.025, 82.085, 82.095, 82.400, 82.650, 82.700, 91.375, 91.560, 91.610, 91.620, 91A.350, 91A.390, 91A.392, 96.030, 96.040, 96.230, 96.260, 96.550, 98.300, 99.595, 99.615, 99.620, 99.660, 99.700, 99.705, 99.710, 99.720, 99.730, 99A.010, 100.111, 100.121, 100.137, 100.157, 100.201, 100.202, 100.205, 100.208, 100.209, 100.211, 100.212, 100.214, 100.217, 100.237, 100.253, 100.277, 100.324, 100.331, 100.347, 100.401, 100.405, 100.985, 100.987, 108.060, 132.010, 132.015, 132.017, 132.018, 132.023, 132.275, 132.400, 132.590, 132.635, 133.240, 134.140, 134.380, 134.590, 153.440, 153.460, 161.710, 162.300, 172.200, 173.105, 173.106, 173.107, 173.860, 177.9771, 178.020, 178.040, 178.117, 178.330, 178.333, 178.337, 178.350, 178.405, 179.070, 179.330, 179.470, 181.850, 181.851, 181.853, 183.132, 198A.067, 198B.290, 210.040, 211.1751, 211.370, 212.350, 212.360, 212.380, 212.390, 212.432, 212.600, 212.750, 212.990, 226.060, 230.377, 238.555, 241.075, 241.160, 241.170, 243.030, 243.050, 243.060, 243.070, 277.050, 278.650, 278.665, 279.310, 304.8-060, 304.8-090, 345.010, 381.440, 393.100, 416.560, 424.130, 424.220, 424.240, 439.315; and amend KRS 100.201, 100.202, and 100.205 to conform.
HB 659 - AMENDMENTS
HCS/LM - Retain provisions of original bill relating to consolidated local governments (CLG); amend Section 1 to include a procedure for the appointment of members to agencies, boards and commissions as prescribed and amend various sections to conform; exempt the county judge/executive from the salary schedule provisions of KRS 64.5275; clarify provisions relating to the naming of a CLG; require all meetings of the CLG to conform to open meetings laws; clarify appointment of board of trustee members for fire districts; amend KRS 96.270, 96.280, 96.290 and 96.310 relating to waterworks in a CLG to clarify which public agencies and purposes qualify for free water usage and insert references to a CLG in said statutes; and make conforming changes.
SFA (1, D. Seum) - Delete language to clarify the appointment process to agencies, boards, and commissions in a consolidated local government; and make technical correction.
CCR - Cannot agree.
FCCR (1) - Retain original provisions; make technical correction; create a new section of KRS Chapter 77 relating to vehicle emissions testing programs to require the air pollution control board to eliminate such programs by November 1, 2003, following the adoption of a consolidated local government if the county was notified by December 1st of the county's attainment of federal air quality standards as prescribed; prohibit the air pollution control board from renewing or entering into contracts for the operation of such programs; authorize the consolidated local government to determine the means and methods of achieving attainment of air quality standards should the county fall below federally established air quality standards at a later date; amend KRS 238.535 to clarify part of the qualifications for licensure as a charitable organization to further define "established" to mean having an office physically located in the Commonwealth, and creating an exception to this requirement for a nationally recognized charitable organization with a chapter located outside the Commonwealth that can document that it has been providing charitable services to residents of the Commonwealth for a period of 3 years prior to application for licensure; require that such licensed and exempt charitable organizations expend all of the net receipts derived from charitable gaming activities in the Commonwealth of Kentucky, and require reporting to the department; create a new section of KRS Chapter 2 to designate the Kentucky Center for African American Heritage in Louisville as the official center for the celebration of Kentucky's African American heritage; and amend title to read, "AN ACT relating to the public good."
FCCR (2) - Retain original GA provisions; make technical correction; create a new section of KRS Chapter 77 relating to vehicle emissions testing programs to require the air pollution control board to eliminate such programs by November 1, 2003, following the adoption of a consolidated local government if the county was notified by December 1st of the county's attainment of federal air quality standards as prescribed; prohibit the air pollution control board from renewing or entering into contracts for the operation of such programs; authorize the consolidated local government to determine the means and methods of achieving attainment of air quality standards should the county fall below federally established air quality standards at a later date; create a new section of KRS Chapter 2 to designate the Kentucky Center for African American Heritage in Louisville as the official center for the celebration of Kentucky's African American heritage; amend 2002 Ky. Acts, ch. 247, sec.1, to clarify that the requirements for residency within the Commonwealth contained in the Act shall not apply to an agency law enforcement employee employed by that agency on the effective date of the Act until the termination of their employment with the agency; amend KRS 238.535 to clarify that the "establishment and continuous operation" of a charitable organization means that the organization conducts activities from an office in the Commonwealth for 3 years immediately preceding its application for a charitable gaming license and throughout its possession of the license; exempt those charitable organizations operating in more than 10 states from the 3-year waiting period if the organization can document that it has been actively engaged in charitable activities and has made reasonable progress toward licensure by its conduct of charitable activities or the expenditure of funds in the Commonwealth as prescribed for a period of 3 years, and require the organization to operate an office or place of business for charitable purposes in the county where it proposes to conduct charitable gaming for 1 year prior to application for licensure as prescribed; authorize Eastern Kentucky University to expend $422,000 in bond funds from its 2000-2002 Capital Renewal and Maintenance Pool allocation for water line construction to its Corbin campus; clarify that the provisions of Section 235 of this Act shall prevail over any conflicts with 02 HB 618 as prescribed; and amend title to read, "AN ACT relating to the public good and making an appropriation therefor."
Feb 13-introduced in House
Feb 14-to State Government (H)
Feb 15-posted in committee
Feb 19-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 20-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 21, 2002
Feb 21-3rd reading, passed 98-0 with Committee Substitute
Feb 22-received in Senate
Feb 26-to State and Local Government (S)
Mar 19-reported favorably, 1st reading, to Consent Calendar
Mar 20-2nd reading, to Rules; floor amendment (1) filed
Mar 21-posted for passage in the Regular Orders of the Day for Tuesday, March 26, 2002
Mar 26-3rd reading, passed 37-0 with floor amendment (1)
Mar 27-received in House; posted for passage for concurrence in Senate floor amendment (1)
Mar 28-House refused to concur in Senate floor amendment (1)
Mar 29-received in Senate
Apr 1-posted for passage for receding from Senate floor amendment (1) for Monday, April 1, 2002; Senate refused to recede from floor amendment (1)
Apr 2-Conference Committee appointed in House and Senate; Conference Committee report filed in House and Senate; Conference Committee report adopted in House and Senate; Free Conference Committee appointed in House and Senate; Free Conference Committee report filed in House
Apr 15-Free Conference Committee report #(2) filed in House and Senate; Free Conference Committee report # (2) adopted in Senate; bill passed 28-5; received in House; Free Conference Committee report #(2) adopted in House; bill passed 80-0; enrolled, signed by each presiding officer; delivered to Governor
Apr 23-signed by Governor (Acts ch. 346)