HB 1/LM (BR 270) - G. Stumbo, R. Adkins, R. Bunch, De. Butler, Dw. Butler, J. Carney, L. Clark, L. Combs, W. Coursey, J. Donohue, C. Embry Jr., J. Glenn, J. Greer, K. Hall, R. Heath, R. Henderson, J. Hoover, D. Horlander, K. Imes, D. Keene, K. King, M. King, Ji. Lee, M. Marzian, T. McKee, R. Meeks, M. Meredith, C. Miller, T. Mills, R. Nelson, R. Palumbo, R. Rand, S. Riggs, T. Riner, S. Santoro, R. Smart, D. St. Onge, F. Steele, T. Thompson, G. Watkins, S. Westrom, A. Wuchner, B. Yonts
AN ACT relating to special purpose governmental entities, making an appropriation therefor, and declaring an emergency.
Create KRS Chapter 65A and create new sections thereof to define terms used in the chapter; establish an online central registry for the reporting and dissemination of administrative and financial information by special purpose governmental entities; establish audit requirements for special purpose governmental entities; establish consequences for failure to comply with the reporting provisions of the chapter; establish standard dissolution provisions for special purpose governmental entities; require the Department for Local Government to provide education to the governing boards and employees of special purpose governmental entities; require special purpose governmental entities to follow ethics codes; require special purpose governmental entities to adopt an annual budget and to publicize where the adopted budget and other financial information relating to the district may be found; require all special purpose governmental entities to register with the Department for Local Government prior to December 31, 2013; amend KRS 6.764, 64.012, 65.003, 65.005, 65.065, 65.070, 65.117, 65.900, 65.905, 39F.160, 43.070, 43.075, 65.009, 65.530, 65.8925, 74.070, 75.430, 77.135, 77.140, 91.758, 91.760, 91A.360, 91A.370, 91A.372, 91A.380, 91A.570, 91A.575, 96A.190, 97.095, 97.120, 97.600, 97.720, 104.610, 107.380, 136.602, 147.635, 147A.021, 147A.090, 164.655, 173.570, 173.770, 184.080, 210.400, 212.500, 212.639, 212.794, 216.343, 220.544, 262.097, 262.280, 262.760, 262.763, 266.120, 268.170, and 273.441 to conform; create new sections of KRS 65.180 to 65.192, 65.350 to 65.375, 65.660 to 65.679, 68.600 to 68.606, 76.005 to 76.230, 76.213 to 76.240, 76.274 to 76.279, 76.295 to 76.420, 80.262 to 80.300, 80.310 to 80.610, 108.010 to 108.075, 108.080 to 108.180, KRS Chapter 109, Subtitle 50 of KRS Chapter 154, KRS Chapter 173, KRS 183.132 to 183.165, KRS 212.720 to 212.760, and KRS Chapters 267, 268, and 269 to provide that the provisions of Sections 1 to 9 of the Act apply; provide that start up expenditures shall be a necessary governmental expense; EMERGENCY.
HB 1 - AMENDMENTS
HFA (1, J. Hoover) - Delete the provisions relating to the fees collected by the Department for Local Governments from the special purpose governmental entities in Section 2 of the bill.
HFA (2, T. Pullin) - Amend Section 2 of the bill to exempt volunteer fire department districts, volunteer fire departments as defined in KRS 75.400, and certified volunteer fire departments created under KRS Chapter 273 with either annual receipts or expenditures of less than 30,000, whether or not the department collects ad valorem taxes, that send in financial information to the commission on Fire Protection Personnel Standards and Education from having to submit the financial information required in Section 2 of the bill.
SCS/LM - Retain original provisions except amend section language to require actual audits or attestation engagements to be available on the registry; limit the ability of the Department for Local Government to increase the fee established in the statute to a onetime adjustment; require the Department for Local Government to file an annual report; add a new section requiring any tax rate or fee increase to be submitted to the governing body or bodies of cities and counties that have the ability to appoint members of the board.
CCR - Agreement not to agree.
FCCR - Begin with the provisions of SCS to HB 1; delete section 85 of the senate committee substitute and replace it with a new section of KRS Chapter 65A to require all special purpose governmental entities to report all new fees and ad valorem taxes, all fee increases, and the levy of any ad valorem rate to the governing body of the city or county where the greatest population served by the special purpose governmental entity resides; require the report to be in writing; require testimony before the governing body; amend KRS 132.010 to add definitions for "taxing district" and "special purpose governmental entity"; amend KRS 132.023 to make technical corrections and to require that any required public hearing be held at the location where the city or county governing body meets immediately before a meeting of the governing body of the city or county; amend KRS 132.024 to conform.
Feb 5-introduced in House; taken from Committee on Committees (H); 1st reading; to Local Government (H); posting waived
Feb 6-reported favorably, 2nd reading, to Rules Local Government (H)
Feb 7-floor amendments (1) and (2) filed ; posted for passage in the Regular Orders of the Day for Friday, February 8, 2013
Feb 8-3rd reading, passed 96-1
Feb 11-received in Senate
Feb 13-to State & Local Government (S)
Mar 4-taken from State & Local Government (S); 1st reading; returned to State & Local Government (S)
Mar 5-taken from State & Local Government (S); 2nd reading; returned to State & Local Government (S)
Mar 6-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Wednesday, March 6, 2013; 3rd reading, passed 23-10 with Committee Substitute ; received in House
Mar 7-posted for passage for concurrence in Senate Committee Substitute for Monday, March 11, 2013
Mar 11-House refused to concur in Senate Committee Substitute ; received in Senate; posted for passage for receding from Senate Committee Substitute ; Senate refused to recede from Committee Substitute ; Conference Committee appointed in House and Senate
Mar 12-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 and Senate; Free Conference Committee report adopted in Senate; passed 38-0; received in House; Free Conference Committee report adopted in House; passed 98-0; enrolled, signed by each presiding officer; delivered to Governor
Mar 21-signed by Governor (Acts Chapter 40)