12RS HB189
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HB189

12RS

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HB 189/LM (BR 492) - Ji. Lee, A. Simpson, T. Moore

     AN ACT relating to merged governments.
     Create new sections of KRS Chapter 67 to establish criteria for the filing of a petition for a charter county commission, including committee membership, criteria of affidavit, clerk's obligations for petition committee, sufficiency of petition, number of signatures, and clerk's requirements for determining and reporting sufficiency or insufficiency; establish procedures for amendment to a petition in the event of insufficient signatures; make final determination of sufficiency the purview of Circuit Court; require the continued honoring of any contracts, franchises, obligations, or bonds, to include collective bargaining, by a charter county government; require any conflicts to be resolved in a manner that does not impair any rights of parties to contracts; amend KRS 67.825 to prevent a vote to adopt a charter county government in a county containing a unified local government; amend KRS 67.830 to establish petition requirements; establish that elected or appointed officials may serve and vote on charter commission; allow mayors, subject to legislative approval, to make appointments to charter commission; require procedures for dissolution in the plan of the charter county government; prohibit dissolution for a period of at least five years; require that any charter plan be presented within four years; provide that the commission may be extended for six months, if two-thirds of members agree; allow any city whose voters do not approve of the plan to opt out of any charter county government; require that no plan may be presented for five years after the failure of a charter county plan; amend KRS 67.845 to clarify that certain provisions apply only to participating cities; amend KRS 67.855 to clarify that certain provisions apply to only participating cities; amend publication requirements to conform to the provisions of KRS 424.120; amend KRS 67.910 to require unification plan to include procedures for dissolution of plan; establish some requirements for dissolution plan; establish no dissolution for a period of five years; amend KRS 67.918 to prevent the inclusion of any city which voted against unification plan from being included in the unified local government; EFFECTIVE January 1, 2013.

HB 189 - AMENDMENTS


     HCS/LM - Retain original provisions; require that the charter commission include within its comprehensive plan, a provision for modification of the plan should certain planned localities not participate, a time frame for modification, local governments responsible for modification, the process for and criteria for modification; clarify voting procedures for acceptance of the comprehensive plan; require that a majority of the unincorporated area and the largest city, or 50 percent of the urban population, vote for the comprehensive plan; require that the unification commission include within its unification plan, a provision for modification of the plan should certain planned localities not participate, a time frame for modification, local governments responsible for modification, the process for and criteria for modification; clarify voting procedures for acceptance of the unification plan; require that a majority of the unincorporated area and the largest city, or 50 percent of the urban population, vote for the unification plan.
     HFA (1, J. Lee) - Clarify the required information on petition.
     HFA (2, K. Sinnette) - Amend to prohibit anything in KRS 67.825 to 67.875, or the bill, from limiting the pre-existing application for collective bargaining or pre-existing collective bargaining agreement, should a county or participating city join a charter county government.
     SCS/LM - Retain original provisions, except amend to clarify that cities voting to not participate in the charter county government do not participate in the charter county, retain all rights and duties of the city of their class, and that eligible voters may vote for the charter county chief executive officer and relevant legislative members of the charter county government; clarify that cities voting to not participate in the unified local government do not participate in the unified local government, retain all rights and duties of the city of their class, and that eligible voters may vote for the unified local government chief executive officer and relevant legislative members of the unified local government; allow the legislative body of a local government, by ordinance, to classify certain littering offenses as civil offenses.
     SCA (1/Title, D. Thayer) - Make title amendment.

     Jan 3-introduced in House
     Jan 4-to Local Government (H)
     Jan 9-posted in committee
     Feb 8-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 9-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 10, 2012; floor amendment (1) filed to Committee Substitute
     Feb 16-floor amendment (2) filed to Committee Substitute
     Feb 21-3rd reading, passed 93-0 with Committee Substitute, floor amendments (1) and (2)
     Feb 22-received in Senate
     Mar 5-to State & Local Government (S)
     Mar 21-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
     Mar 22-2nd reading, to Rules
     Mar 26-posted for passage in the Regular Orders of the Day for Monday, March 26, 2012; 3rd reading, passed 36-0 with Committee Substitute, committee amendment (1-title)
     Mar 27-received in House; to Rules (H)
     Mar 28-posted for passage for concurrence in Senate Committee Substitute, committee amendment (1-title) ; House concurred in Senate Committee Substitute, committee amendment (1-title) ; passed 89-0
     Mar 29-enrolled, signed by Speaker of the House
     Mar 30-enrolled, signed by President of the Senate; delivered to Governor
     Apr 11-signed by Governor (Acts ch. 63)

Vote History
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