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House Bill 189

Actions | Amendments
Last Action signed by Governor (Acts ch. 63)
Title AN ACT relating to merged governments.
Bill Documents Bill
Impact Statements Local Mandate
Bill Request Number 492
Sponsors J. Lee, A. Simpson, T. Moore
Summary of Original Version 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.
Index Headings of Original Version Local Mandate - Charter county government, clarify provisions for petition, commission and elections
Local Government - Charter county government, clarify provisions for petition, commission and elections
Cities - Charter county government, participation in
Counties - Charter county government, clarify provisions for appointment to commission
County Clerks - Charter county government, clarify requirements for petition
Effective Dates, Delayed - Charter county government, requirements for, January 1, 2012
Elections and Voting - Charter county government, exempt any city not voting for merger from charter county
Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
Senate Committee Substitute 1
Senate Committee Amendment 1
Votes Vote History

Actions

Top | Amendments
01/03/12
  • introduced in House
01/04/12
  • to Local Government (H)
01/09/12
  • posted in committee
02/08/12
  • reported favorably, 1st reading, to Calendar with Committee Substitute
02/09/12
  • 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
02/16/12
  • floor amendment (2) filed to Committee Substitute
02/21/12
  • 3rd reading, passed 93-0 with Committee Substitute, floor amendments (1) and (2)
02/22/12
  • received in Senate
03/05/12
  • to State & Local Government (S)
03/21/12
  • reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
03/22/12
  • 2nd reading, to Rules
03/26/12
  • 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)
03/27/12
  • received in House
  • to Rules (H)
03/28/12
  • 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
03/29/12
  • enrolled, signed by Speaker of the House
03/30/12
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/11/12
  • signed by Governor (Acts ch. 63)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Impact Statements Local Mandate
Summary 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.
Index Headings Local Mandate - Charter county government, clarify provisions for petition, commission and elections
Local Government - Charter county government, clarify provisions for petition, commission and elections
Cities - Charter county government, participation in
Counties - Charter county government, clarify provisions for appointment to commission
County Clerks - Charter county government, clarify requirements for petition
Effective Dates, Delayed - Charter county government, requirements for, January 1, 2012
Elections and Voting - Charter county government, exempt any city not voting for merger from charter county

Amendment House Floor Amendment 1
Sponsor J. Lee
Summary Clarify the required information on petition.
Index Headings Local Mandate - Charter county government, clarify provisions for petition, commission and elections
Local Government - Charter county government, clarify provisions for petition, commission and elections
Cities - Charter county government, participation in
Counties - Charter county government, clarify provisions for appointment to commission
County Clerks - Charter county government, clarify requirements for petition
Effective Dates, Delayed - Charter county government, requirements for, January 1, 2012
Elections and Voting - Charter county government, exempt any city not voting for merger from charter county

Amendment House Floor Amendment 2
Sponsor K. Sinnette
Summary 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.
Index Headings Local Mandate - Charter county government, clarify provisions for petition, commission and elections
Local Government - Charter county government, clarify provisions for petition, commission and elections
Cities - Charter county government, participation in
Counties - Charter county government, clarify provisions for appointment to commission
County Clerks - Charter county government, clarify requirements for petition
Effective Dates, Delayed - Charter county government, requirements for, January 1, 2012
Elections and Voting - Charter county government, exempt any city not voting for merger from charter county

Amendment Senate Committee Substitute 1
Impact Statements Local Mandate
Summary 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.
Index Headings Local Mandate - Charter county government, clarify provisions for petition, commission and elections
Local Government - Charter county government, clarify provisions for petition, commission and elections
Cities - Charter county government, participation in
Counties - Charter county government, clarify provisions for appointment to commission
County Clerks - Charter county government, clarify requirements for petition
Effective Dates, Delayed - Charter county government, requirements for, January 1, 2012
Elections and Voting - Charter county government, exempt any city not voting for merger from charter county

Amendment Senate Committee Amendment 1
Sponsor D. Thayer
Summary Make title amendment.
Index Headings Local Mandate - Charter county government, clarify provisions for petition, commission and elections
Local Government - Charter county government, clarify provisions for petition, commission and elections
Cities - Charter county government, participation in
Counties - Charter county government, clarify provisions for appointment to commission
County Clerks - Charter county government, clarify requirements for petition
Effective Dates, Delayed - Charter county government, requirements for, January 1, 2012
Elections and Voting - Charter county government, exempt any city not voting for merger from charter county

Last updated: 8/27/2019 8:05 PM (EDT)