HB 331/LM (BR 63) - S. Riggs, J. Adams, J. Carney, M. Denham, D. Floyd, A. Koenig, M. Meredith, J. Richards, B. Rowland, S. Rudy, J. Shell, A. Simpson, K. Sinnette, R. Smart
AN ACT relating to municipal classification.
Create a new section of KRS Chapter 81 to establish a two-class classification for cities based on city government model type, that being cities of the first class which are cities having the alderman form of government, and home rule cities which are cities having either the mayor-council plan, commission plan, or city manager plan, and require the city to report its classification to the Secretary of State initially and when a reclassification occurs; create a new section of KRS Chapter 81 to establish a process that allows cities, when the statutes establish a population limit based on the federal decennial census, to petition the Circuit Court of jurisdiction to declare the city's population at a certain level in the period between censuses; amend KRS 81.028 to preserve the authority of certain cities within consolidated local governments already doing so to maintain their own fire and police departments and civil service and pension systems; amend various sections of KRS Chapter 81 to conform with the proposed reclassification system dealing with the governmental forms; amend KRS 81A.530 relating to the annexation of cities smaller than 1,000 persons by larger cities; amend KRS 83A.160 to establish a procedure for becoming a city of the first class; create a new section of KRS Chapter 67A to affirm that the Act in and of itself does not affect the status or powers of an urban-county government that are derived from municipal powers assigned to the highest class at the time of the formation of the urban-county government; create a new section of KRS Chapter 83A to specify that a city, through meeting a population requirement assigned by the statutes set out in the section, retains the power or duty if the city falls under that population requirement, but if the power or duty is in conflict with another power or duty assigned to the city for meeting a population requirement, then the requirement for the higher population count prevails; create a new section of KRS Chapter 83A to preserve the mayoral term limits expressed in Section 160 of the Constitution; amend the following chapters or statutes to accommodate the proposed reclassification system: KRS 82.085 relating to differential tax rates by removing mention of class; KRS 82.095 regarding supplemental taxes available to certain cities in consolidated local governments by replacing mention of class with commensurate population limits; amend various sections of KRS Chapter 83A relating to organization of government in cities to conform to new system of classification; KRS 11.200 relating to appointments on the Small Business Advocacy Commission by replacing mention of class with commensurate population limits; KRS 15.705 relating to appointments to the Prosecutors Advisory Council by replacing mention of class with commensurate population limits; KRS 15.755 relating to the ability of county attorneys' practice of law in certain local governments by replacing mention of class with assigned population limits; KRS 39F.160 relating to rescue squad taxing district board appointments by replacing mention of class with commensurate population limits; KRS 41.240 relating to securities and obligations accepted by the State Treasurer from cities to allow any city to qualify rather than selected cities; KRS 56.140 relating to investment of obligations by cities to allow home rule class cities rather than selected cities to qualify; KRS 61.080 relating to incompatible offices by making mayors and city legislative body members offices incompatible in all cities; KRS 62.055 relating to the bonds of county clerks by requiring a bond of $100,000 by counties containing cities of classes other than a first class, which is $500,000, or containing an urban-county which is $400,000; KRS 64.012 relating to county clerks' fees concerning certain candidates for city office's fees to remove mention of class and make the same fees apply for all cities; KRS 64.530 relating to pay of fiscal court members in relation to city size; KRS 65.156 relating to actuarial evaluations of local government retirement systems by removing mention of city of former 2nd class; KRS 65.7623 relating to Commercial Mobile Radio Service Board members' appointments by removing mention of class; KRS 67.060 relating to primaries in county commissioner elections by replacing mention of class with commensurate population limits; KRS 67.180 and 67.185 relating to county motor vehicle insurance purchasing by granting the authority to all cities but first class ; KRS 67.323 relating to county fire department merit systems by specifying those that have not created one pursuant to law, rather than limiting to cities of the former 2nd class; KRS 67.750 relating to net profits and gross receipts license taxes levied by cities to set limit at former 5th class lower population limit, but to grandfather in cities with populations below that which imposed a license fee at a percentage before January 1, 2014; amend KRS 67A.500, 67A.570, and 67A.600 relating to urban-county governments' pension funds by removing mention of class; KRS 68.200 relating to licenses fees on rental motor vehicles to specify that those cities formerly classified as 1st to 3rd classes retain the right to levy the fee; KRS 68.202 relating to a gross receipts of cable television tax to specify that those cities formerly classified as 2nd class retain the right to levy the fee; KRS 69.010 relating to the representation of the Commonwealth's attorney representing the Commonwealth in civil cases to set the limit for not being required to at cities with populations of at least 25,000; KRS 69.105 relating to the oath giving powers of the stenographer for the Commonwealth's attorney to extend it statewide; KRS 70.320 relating to the appointment of deputy constables to preserve the status quo; KRS 74.120 to allow all cities to contract and be a part of water districts, not excluding cities of the former 6th class; KRS 74.370, relating to the powers of water districts to issue bonds being that of all cities under KRS 96.350 to 96.510; various sections of KRS Chapter 76, relating to metropolitan sewer districts and subdistricts, to permit the formation through population standards rather than city classification; various sections of KRS Chapter 77 relating to air pollution control districts, to permit the formation through population standards rather than city classification; various sections of KRS Chapter 90 dealing with city civil service in cities of the former 2nd and 3rd classes to permit the formation by any city; KRS 91A.040, relating to city audits to reflect current provisions through population standards rather than city classification; KRS 91A.180 relating to the sale, lease, or improvement of public property to apply to remove class restrictions; KRS 91A.350 relating to tourist and convention commissions to specifically include urban-county governments and apply to cities of home rule class; KRS 91A.392 relating to transient room taxes, to establish authorized cities being those of the first class and those formerly of the 2nd class; KRS 91A.400 relating to the restaurant tax to allow for authorized cities, those being cities of the former 4th and 5th classes; KRS 91A.550 and 91A.555 relating to management districts, to specify cities of the home rule class, rather than former 2nd to 6th classes as being able to form and operate the districts; KRS 92.280 relating to the general taxing powers for cities other than first class to maintain the status quo, but clarify that urban-county governments are under the provisions; KRS 92.281 relating to occupational license taxes to specify by population rather than class those cities permitted to levy on a percentage basis, and allow those cities below 1,000 in population which did so before January 1, 2014, to continue to do so; KRS 92.290, relating to the taxing situs of cities, to extend provisions to all cities, rather than those specified formerly of the 3rd, 5th, or 6th classes; KRS 92.300 relating to taxing exemptions to remove certain class-specific requirements and specify that the exemptions apply to cities of the home rule class rather than former 2nd to 6th classes; KRS 92.305 relating to the taxation of abandoned urban property to apply to cities of the home rule class rather than former 2nd to 6th classes; KRS 92.330 and 92.340 relating to city taxes being expressed through ordinance, to apply to cities of the home rule class rather than former 2nd to 6th classes; KRS 92.810 relating to enforcement of collection of tax bills, apply to cities of the home rule class rather than former 2nd to 6th classes and clarify that provisions apply to urban-county governments; create new sections of KRS Chapter 92 to provide for a uniform tax assessment procedure for cities who choose to collect their own taxes; amend various sections of KRS Chapter 95 relating to fire and police departments generally including auxiliary police, discipline of members in certain cities, hours of work and pay for certain cities, insurance, and city-based pension systems and funds for police and fire departments to unify provisions under home rule, or to preserve through a registry of cities' populations when in certain former classes; amend various sections of KRS Chapter 96 relating to utilities in cities, including city control of private utilities, stock in utilities; city authorizations to provide utilities, combined provision of electric and water plants, transport, provision, funding, use of profits, and miscellaneous provisions relating to city utilities, to unify provisions under home rule or to preserve through a registry of cities' populations when in certain former classes; amend various sections of KRS Chapter 97, relating to city parks and recreational activities, to unify provisions under home rule or to preserve through a registry of cities' populations when in certain former classes; amend various sections of KRS Chapter 99 relating to urban renewal to assign population limits to city definition for rehabilitation of blighted areas, and relating to assigning population limits to cities eligible to host local development authorities; amend various sections of KRS Chapter 100, relating to planning and zoning, establishing a population limit for the definition of "subdivision" and including provisions relative to cities within counties containing consolidated local governments governing land use, as well as provisions relating to binding element enforcement, to establish through population limits the cities eligible to participate when distinguished; amend KRS 102.010 relating to chambers of commerce, to allow in all cities; amend KRS 104.520 and 104.580, relating to flood control districts, to preserve through population limits the participation and effects of counties containing cities of the prescribed former classes; amend KRS 106.010 and 106.200 relating to the acquisition and disposition of waterworks to allow cities of the home rule class to do so, which assignments were formerly cities of the former 2nd to 6th classes; amend various sections of KRS Chapter 107 relating to city improvements including water conducting infrastructure to preserve through population limits cities of the former classes to which this authority was available, including powers in community improvement districts; amend KRS 108.110 relating to ambulance service district board appointments to allow the appointment of directors based on city population; amend KRS 117.035, to allow all boards of election to employ staff, rather than in just counties containing cities of the former 1st and 2nd classes; amend KRS 118.255, relating to candidate fees for cities, to make all the same; amend KRS 118.315, relating to nomination of candidates, to apply to home rule class cities rather than cities of the former 2nd to 6th classes; amend KRS 118.367 relating to statement of candidacy forms to apply to home rule class rather than cities of the former 2nd to 6th classes; amend KRS 132.200, relating to the bonds of property valuation administrator, to reflect the population limits of former cities of the 2nd class; amend KRS 133.020 relating to county board of assessment appeals to remove requirement that in certain cities the appointee must be a certified real estate appraiser without mayor certification that there in an inability to find one; amend KRS 134.420, relating to filing tax liens on delinquent property in the county clerk's office, to reflect the requirement to do so for cities with populations equal to the cities of the former 3rd to 5th classes; amend KRS 136.190 relating to notification of boundaries to franchise tax payers, the county, and the Department of Revenue, to use population limits for cities of the former 2nd to 6th classes; amend KRS 134.616 relating to the exclusion of municipal utilities from the revenue tax for telecommunications providers to remove reference of city class; amend KRS 147.640, relating to area planning commissions and the passage required for affirmative votes for constituent cities, to replace class with population limits; amend KRS 151.601, relating to 2020 water management planning council membership, to replace class reference to cities with population limits; amend KRS 154.33-520, relating to board members of the East Kentucky Development Corporation, to allow any city in a participating county to participate rather than only a city with the largest class in each county; amend various sections of KRS Chapter 160 relating to board of education members to specify that for the various independent board of education participation that is regulated by city class, use a register naming cities of the former classes to maintain the status quo; KRS 162.020 relating to independent school districts to prohibit the operation of such schools outside the district when the county contains a designated city which is a city of the former 2nd class; amend KRS 162.440 and 162.450 relating to school insurance, to allow designated schools to purchase insurance, when such city is a former city of the 2nd class; amend KRS 164.970, relating to police powers of police of post secondary institutions, to remove reference of cities and allow police powers to this officers if the institution authorizes it in writing; amend various sections of KRS Chapter 165 relating to municipal colleges to preserve the authority expressed formerly through class, to that expressed through population; amend KRS 172.170 and 172.180 relating to county law libraries to remove reference of city class and use populations of the former classes instead; amend various sections of KRS Chapter 173 relating to public libraries to remove references to class and use city populations instead that are reflective of the former classes; amend KRS 177.037, relating to community boundary road signs, to remove reference to class entirely; amend KRS 177.330, relating to the construction of roads through certain cities at the discretion of the Department of Rural and Municipal Aid to replace reference to class with a population limit reflective of the former classes; amend KRS 177.9771, relating to extending or deleting portions of the extended weight coal haul road system, to allow any city rather than cities of the former four largest classes to make such recommendations to the transportation secretary; amend KRS 178.337, relating to city roads in a county containing a consolidated local government being eligible to be part of the county through road system, to remove mention of class; amend KRS 179.070, relating to the powers of the county road engineer in respect to cities in the county, to remove mention of class and replace with the commensurate population limit; amend KRS 179.470, relating to the maintenance of subdivision roads, to replace mention of class and replace with the commensurate population limit; amend various sections of KRS Chapter 181, relating to the financing to include tolls and maintaining constructing bridges and tunnels to remove mention of class and allow any city to operate under these provisions, as well as specifying that urban-county governments have these powers; amend various sections of KRS Chapter 183 relating to air board membership, bonding, and security to remove references of class and replace with commensurate population limits; amend KRS 184.010 and 184.020 relating to the establishment of public road districts to remove mention of class and replace with commensurate population limits; amend KRS 186.050 relating to the registration of motor vehicles exceeding 18,000 pounds to remove mention of class and replace with commensurate population limits; amend KRS 189.280 relating to regulating vehicles by cities to remove mention of class and replace with commensurate population limits; amend KRS 199.410 relating to boarding and lodging homes for children to replace mention of class and replace with a commensurate population limit; amend various sections of KRS Chapter 212 relating to local health departments to replace mentions of 2nd class and replace it with a population limit of 15,000; amend KRS 216.100 relating to the funding of municipal hospitals by allowing home rule class cities to do so rather than just cities of the former 2nd to 5th classes; amend various sections of KRS Chapter 220 relating to sanitation districts to replace the authorities and restrictions based on classification with either a commensurate population or by using cities of the home rule class; amend KRS 224.43-315 and 224.43-340 relating to universal collection to replace use of class with commensurate population limits, while allowing cities already doing so to continue, or through the creation of a registry capturing cities of the former 2nd class as of January 1, 2014; amend KRS 227.410 relating to the regulation of gas heaters by certain cities to replace mention of class with commensurate population limit; amend KRS 238.555 relating to the operation of charitable gaming facility bingo sessions by replacing the mentions of class with commensurate population limits; amend KRS 281.014 relating to the issuance of taxicab and limousine certificates to replace mention of class with commensurate population limits; amend KRS 281.635 relating to the powers of cities to regulate taxicabs to allow all cities to regulate rather than cities of the former 1st to 5th classes; amend KRS 281.6602 relating to the issuance of taxicab and limousine certificates to replace mention of class with commensurate population limits; amend KRS 286.7-430 relating to capital stock of industrial loan corporations in certain cities by replacing mention of class and replacing with commensurate population limit; amend KRS 241.160 and 241.170 relating to the creation of and jurisdiction of city alcoholic beverage control administrators by replacing mention of class with commensurate population limit, or allowing new authorities to create the office under certain conditions; amend various sections of KRS Chapters 242, 243, and 244 relating to local alcoholic beverage control to remove mention of class and in some instances using commensurate population limits, in other instances using grandfathering provisions, or registries to preserve certain authorities; amend KRS 363.510 and 363.600 relating to standard weights and measures to remove reference to city sealers in their entirety; amend KRS 381.720 relating to abandoned cemeteries, to give all cities the power to condemn the land for public cemeteries; amend KRS 381.780 to allow all cities to administer open toilets as public nuisances; amend KRS 382.220 and 382.225 relating to real property indexes to replace reference of class with commensurate population limit; amend KRS 424.220 relating to the preparation of statements of funds collected to replace mention of class with commensurate population limit for exclusions; amend KRS 605.050, relating to the appointment of chief probation officers, to replace mention of class with commensurate population limit; amend KRS 78.531, 363.670, and 427.150 to conform; repeal various sections of the KRS.
HB 331 - AMENDMENTS
HCS/LM - Retain original provisions, but amend Section 1 to require cities to include their form of government in with the Secretary of State update; amend Section 58 to specify that the section applies to cities with populations that are equal to or greater than 3,000, rather than simply greater than; amend Sections 117 and 118 to remove requirement that the Department for Local Government notify the affected cities by mail; amend Section 169 to affirm that urban-county governments are eligible for the provisions of the bonds; amend Section 280 to make a correction.
SCS/LM - Retain original provisions of the bill and amend the following sections to push the date of eligibility for cities with certain classifications or the completion of an act from January 1, 2014, to August 1, 2014: Section 10, relating to mayoral term limits; KRS 68.200 relating to motor vehicle license fees; KRS 68.202 relating to license fees on cable television; KRS 70.320, relating to deputy constables; KRS 91A.392, relating to transient room taxes; KRS 95.495, relating to police hours of work; KRS 95.500, relating to fire fighter hours of work; KRS 96.050, relating to construction of utilities; KRS 224.43-315 relating to universal collection; KRS 241.170, relating to city administrators; KRS 243.075, relating to regulatory license fees on alcohol sales; KRS 244.290 and 244.480 relating to the regulation of alcohol sales on certain days; make technical correction to Section 299.
Feb 4-introduced in House
Feb 5-to Local Government (H)
Feb 7-posted in committee
Feb 19-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 20-2nd reading, to Rules
Feb 26-recommitted to Local Government (H)
Mar 5-reported favorably, to Rules
Mar 7-taken from Rules; placed in the Orders of the Day
Mar 19-3rd reading, passed 93-4 with Committee Substitute
Mar 20-received in Senate
Mar 21-taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S)
Mar 24-taken from Committee on Committees (S); 2nd reading; returned to Committee on Committees (S); to State & Local Government (S)
Mar 26-reported favorably, to Rules with Committee Substitute as a Consent Bill
Mar 27-posted for passage in the Consent Orders of the Day for Thursday, March 27, 2014; 3rd reading, passed 38-0 with Committee Substitute
Mar 28-received in House; to Rules (H)
Mar 31-posted for passage for concurrence in Senate Committee Substitute for Monday, March 31, 2014; House concurred in Senate Committee Substitute ; passed 97-3; enrolled, signed by each presiding officer; delivered to Governor
Apr 10-signed by Governor (Acts, ch. 92)