Senate Bill 27

Actions | Amendments
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

Actions

Top | Amendments
08/15/19
  • Prefiled by the sponsor(s).
01/07/20
  • introduced in Senate
01/09/20
  • to Natural Resources & Energy (S)
03/18/20
  • reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1) and committee amendment (1-title)
03/19/20
  • 2nd reading, to Rules
  • floor amendments (1) and (2) filed to Committee Substitute
04/15/20
  • recommitted to Natural Resources & Energy (S)

Proposed Amendments

Top | Actions
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: 4/29/2020 12:16 PM (EDT)
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