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HB 647/FN/LM (BR 1479) - M. Marzian, B. DeWeese, T. Burch, L. Clark, R. Crimm, T. Feeley, B. Heleringer, S. Johns, S. Riggs
AN ACT relating to the consolidation of local governments in counties containing cities of the first class.
Create new sections of KRS Chapter 67C to permit the consolidation of a city of the first class and its county upon a vote of the public at a special or regular election; give consolidated government all powers of previous first class city and the county; enumerate powers and authority of consolidated government; require powers to be construed broadly; allow county-wide jurisdiction, and prescribe procedure for naming of the new government; vest legislative authority in a 26-member local government council, members to be nominated and elected by district; permit new council to adjust districts upon taking office if necessary and after each census; require members to serve 4-year, staggered terms as prescribed; set qualifications for members; provide for president of council to be chosen annually among members as prescribed; require at least 2 meetings per month; outline procedural requirements for public meetings such as special meetings, quorums, ordinances and record keeping; require vacancies to be filled by the Governor as prescribed; outline the powers of the council, and provide for the naming of the council; establish the mayor as the chief executive authority; require the mayor to be elected in partisan elections for 4-year terms, prohibit more than 3 consecutive terms of office for the mayor; prescribe qualifications for the office of mayor; give mayor powers of county judge/executive and mayor of the city of the first class; outline the duties and powers of the mayor, and require gubernatorial appointment to fill vacancies in the office of the mayor; require all city and county employees to become employees of the consolidated government; extend rights, privileges and protections of current civil service systems; require recognition of existing bargaining units, and require the continuation of current contracts and renegotiation upon expiration of labor contracts; require the consolidated local government to be deemed a city and a county; require other remaining cities in the county to remain incorporated unless dissolved as provided by law; prohibit further incorporation of cities within the county upon consolidation; establish a 12-year moratorium on annexations by other cities in the county as prescribed, and permit merger and dissolution of other cities as provided by law; require existing taxing, fire protection, sanitation, water, and other special taxing districts to remain in effect; require all city and county ordinances to remain in effect for 5 years after which time they expire if not amended or re-enacted as prescribed, and require the county attorney to serve as the legal adviser to the new government as prescribed; require the establishment of an equal opportunity policy for the new government as prescribed; outline the policy and require the establishment of an affirmative action office and plan for the government as prescribed; require the continuation of constitutional offices but allow their powers and salaries to be assigned to the new government as prescribed; require the current tax structure, tax rates, and level of services to remain the same until changed by new government; require any taxes levied to be within the limits allowed by KRS 68.245 and 132.027; require the cooperative compact to remain in effect until the installation of new officers for a consolidated government; require the salary of the new mayor to be the same as the salary allowed for a mayor of a city of the first class; require the salary of the council to be 80% of the current amount allowed for a county commissioner as prescribed; authorize the Auditor of Public Accounts to annually audit the government as prescribed; upon voter approval of the new government, require the submission of a districting plan to the fiscal court and require their approval without amendment in order to establish council districts as prescribed; require the submission of a question on consolidation to the voters in all counties containing a city of the first class at a special election in May, 2001, as prescribed; and require that any section found invalid shall not affect other sections.
HB 647 - AMENDMENTS
HCS/FN/LM - Retain original provisions and require that there is only 1 legislative council member elected per district, clarify language to require the population of legislative council districts be as nearly equal as is reasonably possible; clarify language to require the consolidated government to continue to bargain with recognized collective bargaining units; require the consolidated local government to utilize the model procurement code if applicable; require the usage of the 2000 census data for apportionment; and require that the question of consolidated government be placed on the ballot in November of 2000 in counties containing cities of the first class.
HFA (1, K. Bratcher) - Allow incorporation of unincorporated areas of county within 180 days of election certification for merged government.
HFA (2, K. Bratcher) - Allow incorporation of unincorporated areas of county and areas within the jurisdiction of the city of the first class that existed prior to the election within 180 days of election certification.
HFA (3, C. Geveden) - Make technical correction.
HFA (4, K. Bratcher) - Allow incorporation of unincorporated areas of county within 180 days of election certification for merged government.
HFA (5, J. Wayne) - Require voter approval in the county and the city for consolidation.
HFA (6, J. Wayne) - Delete language requiring ordinances to sunset after 5 years.
HFA (7, P. Bather) - Require a majority vote in the county and the city for approval of consolidation.
HFA (8, P. Bather) - Require the creation of urban service areas, require the maintenance of the area contained in the former first class city as a separate service district, prohibit the dissolution or changes in the service area unless approved by public vote, and permit the continuation of existing taxing and service districts but require their compliance with the provisions of the section.
HFA (9, P. Bather) - Delete language requiring ordinances to sunset after 5 years.
HFA (10, P. Bather) - Permit the incorporation of cities within the area of the former city of the first class within first 12 months after approval to consolidate.
HFA (11, P. Bather) - Clarify that consolidated legislative council has all powers of board of aldermen and fiscal court; permits the legislative council to fill vacancies on the council instead of the Governor; clarify that the consolidated government is deemed a city of the first class a county for all purposes; permit areas within the former city of the first class to incorporate as new cities; permit the consolidated local government to consolidate the city and county police forces as prescribed; require all city and county ordinances not having a similar counterpart in city or county ordinances respectively to remain in effect in the original area of jurisdiction for a period of 5 years unless amended or reenacted by the new consolidated government, and if not re-enacted or amended the ordinances shall expire; require same subject ordinances in the city and county to remain in effect as prescribed; permit the consolidated government to provide for different modes and levels of sanitation and fire protection services as provided; require that the board of aldermen be included in the development and adoption of districts for the new consolidated local government and provide for action to be taken in case of a stalemate between the board of aldermen and the fiscal court in adopting a district plan; and rephrase the question to be placed before the public to state that the city of the first class is going to be dissolved and that no new cities could be incorporated.
HFA (12, P. Bather) - Clarify that consolidated legislative council has all powers of board of aldermen and fiscal court; permit the legislative council to fill vacancies on the council instead of the Governor; clarify that the consolidated government is deemed a city of the first class a county for all purposes; permit areas within the former city of the first class to incorporate as new cities; permit the consolidated local government to consolidate the city and county police forces as prescribed; require all city and county ordinances not having a similar counterpart in city or county ordinances respectively to remain in effect in the original area of jurisdiction for a period of 5 years unless amended or reenacted by the new consolidated government, and if not re-enacted or amended the ordinances shall expire; require same subject ordinances in the city and county to remain in effect as prescribed; permit the consolidated government to provide for different modes and levels of sanitation and fire protection services as provided; require that the board of aldermen be included in the development and adoption of districts for the new consolidated local government and provide for action to be taken in case of a stalemate between the board of aldermen and the fiscal court in adopting a district plan; and rephrase the question to be placed before the public to state that the city of the first class is going to be dissolved.
SCS/FN/LM - Retain original provisions but change the staggered terms of office of the first elected council members from 3 and 5 years to 2 and 4 years.
SFA (1, T. Shaughnessy) - Applies those statutes affecting counties containing a city of the first class to the new consolidated government.
SFA (2, G. Neal) - Include all cities within the county in the proposal for consolidation.
SFA (3, G. Neal) - Clarify that consolidated legislative council has all powers of board of aldermen and fiscal court; permits the legislative council to fill vacancies on the council instead of the Governor; clarify that the consolidated government is deemed a city of the first class a county for all purposes; permit areas within the former city of the first class to incorporate as new cities; permit the consolidated local government to consolidate the city and county police forces as prescribed; require all city and county ordinances not having a similar counterpart in city or county ordinances respectively to remain in effect in the original area of jurisdiction for a period of 5 years unless amended or reenacted by the new consolidated government, and if not re-enacted or amended the ordinances shall expire; require same subject ordinances in the city and county to remain in effect as prescribed; permit the consolidated government to provide for different modes and levels of sanitation and fire protection services as provided; require that the board of aldermen be included in the development and adoption of districts for the new consolidated local government and provide for action to be taken in case of a stalemate between the board of aldermen and the fiscal court in adopting a district plan; and rephrase the question to be placed before the public to state that the city of the first class is going to be dissolved and that no new cities could be incorporated.
SFA (4, G. Neal) - Provide for the special election of additional minority members to the legislative council if the number of regularly elected minority council members do not equal the percentages as prescribed.
SFA (5, G. Neal) - Require the creation of urban service areas, require the maintenance of the area contained in the former first class city as a separate service district, prohibit the dissolution or changes in the service area unless approved by public vote, and permit the continuation of existing taxing and service districts but require their compliance with the provisions of the section.
SFA (6, G. Neal) - Require voter approval in the county and the city for consolidation.
Feb 9-introduced in House
Feb 10-to State Government (H); posted in committee; floor amendments (1) and (2) filed
Feb 16-reported favorably, 1st reading, to Calendar with Committee Substitute ; floor amendment (3) filed to Committee Substitute
Feb 17-floor amendments (4) (5) (6) (7) (8) (9) and (10) filed to Committee Substitute ; 2nd reading, to Rules
Feb 22-posted for passage in the Regular Orders of the Day for Wednesday, February 23, 2000
Feb 23-floor amendments (11) and (12) filed to Committee Substitute
Feb 24-3rd reading; floor amendments (5) (6) (8) (10) and (11) defeated ; passed 88-10 with Committee Substitute, floor amendment (3)
Feb 25-received in Senate
Mar 1-to State and Local Government (S)
Mar 7-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 8-2nd reading, to Rules
Mar 10-posted for passage in the Regular Orders of the Day for Tuesday, March 14, 2000
Mar 13-floor amendments (1) (2) (3) (4) (5) and (6) filed to Committee Substitute
Mar 14-3rd reading; floor amendments (1) and (3) withdrawn ; floor amendments (2) (4) (5) and (6) defeated ; passed 29-3 with Committee Substitute
Mar 15-received in House; posted for passage for concurrence in Senate Committee Substitute
Mar 21-House concurred in Senate Committee Substitute ; passed 85-10
Mar 23-enrolled, signed by each presiding officer, delivered to Governor
Mar 28-signed by Governor (Acts ch. 189)
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