| Last Action | 04/15/20: recommitted to Natural Resources & Energy (S) |
|---|---|
| Title | AN ACT relating to mining permits and making an appropriation therefor. |
| Bill Documents | Introduced |
| Bill Request Number | 270 |
| Sponsors | J. Turner, C. Embry Jr., D. Harper Angel |
| Summary of Original Version | Create a new section of KRS Chapter 350 to require the Energy and Environment Cabinet to notify the Department of Workplace Standards of any applicant or permittee that may be subject to the performance bonding requirements of KRS 337.200; create a new section of KRS Chapter 337 to require the commissioner of the Department of Workplace Standards to notify the Energy and Environment Cabinet of any employer engaged in the severance, preparation, or transportation of minerals that is not compliant with the performance bonding requirements of KRS 337.200; amend KRS 350.085 to prohibit the approval of mining permit applications for applicants that are not compliant with the requirements of KRS 337.200; amend KRS 350.130 to make compliance with the requirements of KRS 337.200 a condition of a mining permit issued under KRS Chapter 350 or the administrative regulations promulgated thereunder; amend KRS 337.200 to remove references to liquidated damages and attorneys' fees as provided by law; amend KRS 337.994 to require that all penalties collected for violations of KRS 337.200 be paid to employees injured by the employer's failure to post the performance bond; APPROPRIATION. |
| Index Headings of Original Version |
Minerals and Mining - Mining permits, conditions for approval, compliance with wage performance bond requirements Notices - Wage performance bonds for employers engaged in mining, notification of compliance Surface Mining - Mining permits, conditions for approval, compliance with wage performance bond requirements Financial Responsibility - Wage performance bonds for employers engaged in mining, notification of compliance Wages and Hours - Failure to post wage performance bond, penalties, distribution to employees Wages and Hours - Wage performance bonds for employers engaged in mining, notification of compliance Appropriations - Mining performance bonds, distribution of funds from penalties |
| Jump to Proposed Amendments |
Senate Committee Substitute 1 Senate Committee Amendment 1 Senate Floor Amendment 1 Senate Floor Amendment 2 |
| 08/15/19 |
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| 01/07/20 |
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| 01/09/20 |
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| 03/18/20 |
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| 03/19/20 |
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| 04/15/20 |
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| Amendment | Senate Committee Substitute 1 |
|---|---|
| Summary | Delete Sections 1, 2, 3, 4, and 6 of SB 27; amend KRS 337.200 to add definition of "construction work" and "person"; exempt employers with 20 or fewer employees, employers doing business less than one year, and railroads and water transporters to provide proof of 12 months of payroll out of 24 months and provide financial assurance for 2 weeks of wages operating at full capacity; exclude the wages of owners, officers, and directors; delete the requirement for a wage performance bond and identify acceptable forms of financial assurance; list alternative methods to providing financial assurance; allow a waiver from requirements for good cause shown and proof of financial capacity; identify the situations when financial assurance may be terminated; authorize the cabinet to promulgate administrative regulations; specify the method for an employee to obtain unpaid wages from an employer's financial assurance; require 30 day response from employer on disputed claims; allow for employee to seek judgement in civil court and specify the types of damages; allow the cabinet to halt removal of coal in a situation of unpaid wages; allow the commissioner to submit a request to the Treasury to pay unpaid wages out of unappropriated general fund surplus if the employer is financially insolvent; EMERGENCY. |
| Index Headings |
Effective Dates, Emergency - Financial assurance for employers in construction or coal, requirement for Energy - Financial assurance for employers in construction or coal, requirement for Labor and Industry - Construction and coal companies, financial assurance, wage performance bonds, replacement for Minerals and Mining - Financial assurance for employers in construction or coal, requirement for Surface Mining - Construction and coal companies, financial assurance, wage performance bonds, replacement for Wages and Hours - Financial assurance for employers in construction or coal, 2 weeks payroll, requirement for Bonds of Surety - Financial assurance, wage performance bonds, replacement for Coal - Financial assurance, wage performance bonds, replacement for |
| Amendment | Senate Committee Amendment 1 |
|---|---|
| Sponsor | B. Smith |
| Summary | Make title amendment. |
| Index Headings | Title Amendments - SB 27 |
| Amendment | Senate Floor Amendment 1 |
|---|---|
| Sponsor | P. Wheeler |
| Summary | Retain original provisions of SB 27/SCS1; clarify wages are accrued wages; exempt from financial assurance employers who are owned directly or indirectly by another person as defined by KRS 11A.010 who is engaged in construction work, severance, preparation, or transportation of minerals; clarify railroads and water transporters are exempt; authorizes the Labor cabinet to promulgate administrative regulations for all sections of the bill; and clarify that the emergency pertains to industries in the coal sector. |
| Index Headings |
Coal - Coal companies, owned by other entities, exemption from financial assurance Minerals and Mining - Coal companies, financial assurance, unpaid accrued wages Surface Mining - Coal companies, financial assurance, unpaid accrued wages, court order |
| Amendment | Senate Floor Amendment 2 |
|---|---|
| Sponsor | P. Wheeler |
| Summary | Retain original provisions of SB 27/SCS1; delete reference to full wages and clarify wages are accrued wages; exempt from financial assurance employers who are owned directly or indirectly by another person as defined by KRS 11A.010 who is engaged in construction work, severance, preparation, or transportation of minerals; clarify railroads and water transporters are exempt; authorizes the Labor Cabinet to promulgate administrative regulations for all sections of the bill; clarify that the commissioner needs a court order or an admission of failure to pay wages before issuing an order to prohibit removal of coal; and clarify that the emergency pertains to industries in the coal sector. |
| Index Headings |
Minerals and Mining - Coal companies, financial assurance, unpaid accrued wages Surface Mining - Coal companies, financial assurance, unpaid accrued wages, court order Coal - Coal companies, owned by other entities, exemption from financial assurance |
Last updated: 10/27/2020 12:10 PM (EDT)
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