| Last Action | 04/12/24: delivered to Secretary of State (Acts Ch. 181) |
|---|---|
| Title | AN ACT relating to local government and declaring an emergency. |
| Bill Documents |
Acts Chapter 181
Current/Final Introduced |
| Fiscal Impact Statements |
Local Mandate
Additional Fiscal Impact Statements Exist |
| Bill Request Number | 1220 |
| Sponsors | J. Nemes, K. Fleming, J. Bauman, K. Bratcher, E. Callaway, J. Hodgson, S. Witten |
| Summary of Enacted Version | Creates a new section of KRS Chapter 65 to provide that members of local boards, commissions, committees, and other bodies created by or appointed by consolidated local governments have geographic diversity; amends KRS 67C.103 to require that the election of council members in a consolidated local government be nonpartisan; amends KRS 67C.105 to require that the election of a mayor in a consolidated local government be nonpartisan; amends KRS 67C.111, regarding incorporation and annexation of cities in a county containing a consolidated local government, to adjust the number of signatures required in a petition for mandatory action, to prohibit a mayoral veto of the consolidated local government council, and to prohibit a city in a county containing a consolidated local government from annexing commercial real estate, as defined, primarily for the purpose of obtaining occupational license, net profits, or gross receipts taxes revenue unless the annexation is consented to by each property owner in the area to be annexed; amends KRS 67C.147, relating to urban service taxing districts in consolidated local governments, to require that the consolidated local government reimburse fire districts operating under KRS Chapter 75 that made emergency medical runs within the area of the urban service tax district, to index that reimbursement to the increase in the consumer price index, to prohibit a consolidated local government from charging a fire district for any expenses it did not charge the district prior to January 1, 2024, and to establish graduated percentages of internal funding for the urban service district for the services it provides from 85 percent to 100 percent running from 2025 to 2034, with increases in the percentage every three years; amends KRS 67C.321, relating to disciplinary procedures of police officers in consolidated local governments, to allow for a pre-disciplinary hearing and establishes procedures; amends KRS 67C.323, relating to disciplinary procedures of police officers in consolidated local governments and disciplinary review by the board, to stipulate that executive session discussions be without the parties to the appeal; amends KRS 67C.326, relating to complaints regarding consolidated local government police officers, to define “citizen,” “complaint,” “disciplinary action,” “interrogation,” and “misconduct,” to make technical changes, to establish procedures for hearings for an officer accused of misconduct by individuals within the officer’s department or by citizens, to set conditions for notices of interrogation of the police officer and requirements for written reports of the alleged incident leading to the complaint, to expand written notice from 72 hours to 12 days for notice to a police officer of a hearing and for the review of documents, to stipulate that the board, rather than an appointing authority, legislative body, or other body as designated by the Kentucky Revised Statutes, has the duty to subpoena for witnesses and the production of documentary evidence, to stipulate that officers who have been suspended without pay and who are found not guilty are reinstated with full back pay and benefits, to allow the hearing to be conducted in a closed session unless the police officer requests otherwise, to specify that the provisions of the section do not affect rights given to the police officer by statute, ordinance, or agreement, to permit a consolidated local government to investigate and charge an officer, to allow the suspension or reassignment of a police officer during an investigation and pending the final disposition of charges, to establish the Property Valuation Review Commission to review assessments in a county containing a consolidated local government, to ensure that the assessments are consistent and uniform, to provide for appointments by the mayor from recommendations of various entities, to require that the commission report to the Legislative Research Commission, the mayor and metro council of the consolidated local government, and the Finance and Administration Cabinet no later than December 31, 2024, to prohibit consolidated local governments from amending their land development code zoning classifications in their land development code to change permitted, conditional, or any other uses involving residential uses or change the characteristics of those uses that could increase the allowable density of residential units per acre or any other unit describing land size or inhabitants of any residential units in any zoning district classifications within the prescribed time limits from the effective date of the Act and prior to April 15, 2025, and to require the mayors of consolidated local governments to conduct a review of planning and zoning statutes relative to consolidated local governments and the governments’ needs relative to housing and their land development code; amends KRS 117.125 to conform; and amends KRS 177.360 to direct consolidated local governments to establish procedures to prioritize projects undertaken with county road aid funds; Sections 4, 5, 6, 8, 9, and 10 EFFECTIVE January 1, 2025; EMERGENCY, in part. |
| Summary of Original Version | Amend KRS 67C.147, relating to urban service taxing districts in consolidated local governments, to require the consolidated local government to reimburse fire districts operating under KRS Chapter 75 that made emergency medical runs within the area of the urban service tax district; require no more than 10 percent of funding of the services contracted with the consolidated local government by the urban service tax district come from taxes levied by the consolidated local government from areas outside the urban service tax district between July 1, 2025, and June 30, 2030; provide that no such funding come from outside the urban service tax district on or after July 1, 2030; amend KRS 67C.111, regarding incorporation and annexation of cities in a county containing a consolidated local government, to adjust the number of signatures required in a petition for mandatory action; prohibit a city in a county containing a consolidated local government from annexing manufacturing areas, as defined, primarily for the purpose of obtaining occupational license tax revenue unless the annexation is consented to by each property owner in the area to be annexed; create a new section of KRS Chapter 65 to provide that members of local boards, commission, committees, and other bodies created by or appointed by local governments have geographic and political party affiliation diversity; amend KRS 67C.103 to require the election of council members in a consolidated local government to be nonpartisan; amend KRS 67C.105 to require the election of a mayor in a consolidated local government to be nonpartisan; amend KRS 117.125 to conform; amend KRS 177.360 to direct consolidated local governments to establish procedures to prioritize projects undertaken with county road aid funds; establish the Property Valuation Review Commission to review assessments in a county containing a consolidated local government; ensure that the assessments are consistent and uniform; provide for appointments by mayor from recommendations of various entities; require that the commission report to the Legislative Research Commission, the mayor and metro council of the consolidated local government, and the Finance and Administration Cabinet no later than December 31, 2024; Sections 4, 5, and 6 EFFECTIVE January 1, 2025; EMERGENCY, in part. |
| Index Headings of Original Version |
Boards and Commissions - Property Valuation Review Commission, counties with consolidated local government, creation Reports Mandated - Property Valuation Review Commission, reporting requirements Taxation - Consolidated local governments, urban service tax districts, funding Local Mandate - Consolidated local governments, urban service tax districts, funding County Clerks - Elections in consolidated local governments, nonpartisan requirement for mayor and council Effective Dates, Emergency - Property Valuation Review Commission, counties with consolidated local government, creation Elections and Voting - Consolidated local governments, nonpartisan requirement for mayor and council Emergency Medical Services - Urban service tax districts, emergency service responses Firefighters and Fire Departments - Consolidated local governments, urban service tax districts, emergency service responses Property - Valuation review commission, counties with a consolidated local government, creation Property Valuation Administrators - Property Valuation Review Commission, counties with consolidated local government, creation Public Officers and Employees - Local entities having appointed officials, geographic and political representation Special Districts - Consolidated local governments, urban service tax districts, funding Studies Directed - Property Valuation Review Commission, counties with consolidated local government, creation Taxation, Property - Property Valuation Review Commission, counties with consolidated local government, creation Transportation - County road aid, consolidated local governments, project identification, factors Consolidated Local Governments - Annexation by cities in consolidated local government, restriction Consolidated Local Governments - County road aid, project identification, factors Consolidated Local Governments - Elections, nonpartisan requirement for mayor and council Consolidated Local Governments - Entities having appointed officials, geographic and political representation Consolidated Local Governments - Property Valuation Review Commission, creation Consolidated Local Governments - Urban service tax districts, emergency medical service responses Consolidated Local Governments - Urban service tax districts, funding Annexation - Annexation by cities in consolidated local government, petition Annexation - Cities in consolidated local government, restriction Cities - Annexation by cities in consolidated local government, restriction Highways, Streets, and Bridges - County road aid, consolidated local governments, project identification, factors Local Government - Annexation by cities in consolidated local government, restriction Local Government - Consolidated local governments, urban service tax districts, emergency service responses Local Government - Consolidated local governments, urban service tax districts, funding Local Government - Entities having appointed officials, geographic and political representation Local Government - Property Valuation Review Commission, counties containing consolidated local governments, creation Cities - Annexation of cities within county containing consolidated local government, petition Cities - Consolidated local governments, urban service tax districts, emergency service responses Cities - Consolidated local governments, urban service tax districts, funding Cities - Elections in consolidated local governments, nonpartisan requirement for mayor and council Cities - Entities having appointed officials, geographic and political representation Cities - Incorporations of cities within counties containing a consolidated local government, petition Counties - Consolidated local governments, urban service tax districts, emergency service responses Counties - Consolidated local governments, urban service tax districts, funding Boards and Commissions - Local entities having appointed officials, geographic and political representation |
| Jump to Proposed Amendments |
House Committee Substitute 1 with Fiscal Impact Statements House Floor Amendment 1 Senate Committee Substitute 1 with Fiscal Impact Statements Senate Floor Amendment 1 Senate Floor Amendment 2 Senate Floor Amendment 3 Senate Floor Amendment 4 |
| Votes | Vote History |
| Governor's Veto Message | Veto |
| 01/25/24 |
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| 01/31/24 |
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| 02/07/24 |
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| 02/08/24 |
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| 02/12/24 |
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| 02/13/24 |
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| 02/14/24 |
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| 02/26/24 |
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| 03/14/24 |
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| 03/15/24 |
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| 03/21/24 |
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| 03/22/24 |
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| 03/25/24 |
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| 03/26/24 |
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| 03/28/24 |
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| 04/08/24 |
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| 04/12/24 |
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| Amendment | House Committee Substitute 1 |
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| Fiscal Impact Statement | Local Mandate to House Committee Substitute 1 |
| Summary | Retain original provisions, except distinguish between services provided in an urban service tax district that are in addition to services performed by the consolidated local government in the remainder of the county; provide that an action of the consolidated local government legislative council relating to incorporation shall not be subject to mayoral veto; make provision for areas that are vacant or otherwise unimproved land where no persons reside and prohibit annexation for commercial real estate with the prior consent of each owner of record in that area; make the provisions relating to geographic parity only applicable to entities being appointed in a consolidated local government and delete provision relating to political parity; amend noncodified language, relating to the Property Valuation Review Commission, to have three members submitted for approval from an association of realtors in the county, of which one is to be a real estate broker, and one, rather than two, members submitted for approval by a commercial real estate association. |
| Index Headings |
Local Government - Consolidated local governments, omnibus revisions Consolidated Local Governments - Omnibus revisions Annexation - Cities within counties containing consolidated local governments, annexation, procedures Annexation - Cities within counties containing consolidated local governments, annexation, prohibitions Cities - Within counties containing consolidated local governments, annexation, procedures Cities - Within counties containing consolidated local governments, annexation, prohibitions Boards and Commissions - Local entities having boards in a consolidated local government, geographic parity Task Forces, Local - Property Valuation Review Commission, membership Local Mandate - Consolidated local governments, omnibus revisions |
| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | S. Stalker |
| Summary | Delete Section 4, which amends KRS 67C.103, Section 5 which is KRS 67C.105, and Section 6 which is KRS 117.125 in their entirety; add a new Section 4 that allows a petition and public referendum process to determine the office of the mayor and consolidated local government council members to be elected in nonpartisan elections and allow a return to partisan elections using the same process; reinsert and amend KRS 67C.103, 67C.105, and 117.125 to conform to both partisan and nonpartisan elections, as determined by the voters; delete Section 9 in its entirety and renumber remaining sections accordingly. |
| Index Headings |
County Clerks - Consolidated local governments, referendum for nonpartisan mayor and council Elections and Voting - Consolidated local governments, referendum for nonpartisan mayor and council Local Government - Consolidated local governments, referendum for nonpartisan mayor and council Consolidated Local Governments - Referendum for nonpartisan mayor and council |
| Amendment | Senate Committee Substitute 1 |
|---|---|
| Fiscal Impact Statement | Local Mandate to Senate Committee Substitute 1 |
| Summary | Retain original provisions, except relating to fire district reimbursement for runs, index the reimbursement to the increase in the consumer price index, prohibit the consolidated local government from charging the fire districts for any expense or service that it was not charging for before January 1, 2024; amend the graduated percentages of internal funding for the urban service district from 85 percent to 100 percent running from 2025 to 2034, with increases in the percentage every three years; increase the percentage of qualified voters in a petition required for mandatory approval for an incorporation of a city from 66 percent to 75 percent of the voters in the area of the proposed city; increase and clarify that the petition percentage for mandatory approval by the consolidated local government for city annexations is increased from 66 percent to 75 percent; direct that the provisions relating to commercial real estate owner notification for city annexation when a city is annexing for occupational license tax revenue includes net profits and gross receipts taxes as well; amend KRS 67C.321, relating to disciplinary procedures of police officers in consolidated local governments to allow for a pre-disciplinary hearing and establish procedures; amend KRS 67C.323, relating to disciplinary procedures of police officers in consolidated local governments, to disciplinary review by the board and stipulate that executive session discussions be without the parties to the appeal; amend KRS 67C.326, relating to complaints regarding consolidated local government police officers, to define "citizen", "complaint", "disciplinary action", "interrogation", and "misconduct", make various technical changes, establish procedures for hearings for officer accused of misconduct by individuals within the officer's department or by citizens, set conditions for notices of interrogation of the police officer and requirements for written reports of the alleged incident leading to the complaint, expand written notice from 72 hours to 12 days for notice to a police officer of a hearing and for the review of documents, stipulate that the board, rather than an appointing authority, legislative body, or other body as designated by the Kentucky Revised Statutes has the duty to subpoena for witnesses and the production of documentary evidence, stipulate that officers who have been suspended without pay and who are found not guilty are reinstated with full back pay and benefits, allow the hearing to be conducted in a closed session unless the police officer requests otherwise, and specify that the provisions of the section do not affect rights given to the police officer by statute, ordinance or agreement; permit a consolidated local government itself to investigate and charge an officer and allow the suspension or reassignment of a police officer during an investigation and pending the final disposition of charges; require the mayor of each consolidated local government to conduct a review of the number of consolidated local government council seats and report to the Legislative Research Commission; prohibit consolidated local governments from amending their land development code zoning classifications from the effective date of the Act and prior to April 15, 2025 and require the mayor of consolidated local governments to conduct a review of planning and zoning statutes relative to consolidated local governments and the governments' needs relative to housing and its land development code and report to the Legislative Research Commission; adjust emergency clause to include new requirements for studies and recommendations by mayor of consolidated local governments. |
| Index Headings |
Cities - Annexation within consolidated local governments Cities - Incorporation within consolidated local governments Local Mandate - Urban service tax district, phased costs for providing services in consolidated local government Emergency Medical Services - Consolidated local governments, payments to KRS ch. 75 fire districts, CPI adjustment Fees - Consolidated local governments, payments to KRS ch. 75 fire districts, CPI adjustment Firefighters and Fire Departments - Consolidated local governments, payments to KRS ch. 75 fire districts, CPI adjustment Local Government - Cities, annexation within consolidated local governments Local Government - Cities, incorporation within consolidated local governments Local Government - Consolidated local governments, payments to KRS ch. 75 fire districts, CPI adjustment Local Government - Urban service tax district, phased costs for providing services in consolidated local government Special Districts - KRS ch. 75 fire districts, CPI adjustment in payments, from consolidated local governments Special Districts - Urban service tax district, phased costs for providing services in consolidated local government Consolidated Local Governments - Annexation by cities within Consolidated Local Governments - Consolidated local government council, mayoral review Consolidated Local Governments - Incorporation of cities within Consolidated Local Governments - Payments to KRS ch. 75 fire districts, CPI adjustment Consolidated Local Governments - Planning and zoning relative to consolidated local governments, mayoral review Consolidated Local Governments - Urban service tax district, phase-in of costs for providing services |
| Amendment | Senate Floor Amendment 1 |
|---|---|
| Sponsor | J. Adams |
| Summary | Amend the bill to remove the requirement for the mayor to review the consolidated local government council and report to the Legislative Research Commission; amend the provisions relating to restricting planning and zoning classification amendments to prevent consolidated local governments from amendin its land development code zoning classifications in its land development code to change permitted, conditional, or any other uses involving residential uses or change the characteristics of those uses that could increase the allowable density of residential units per acre or any other unit describing land size or inhabitants of any residential units in any zoning district classifications within the prescribed time limits; and delete provisions requiring mayor to report planning and zoning review results to the Legislative Research Commission. |
| Index Headings |
Local Government - Consolidated local governments, planning and zoning, residential zoning classifications Planning and Zoning - Consolidated local governments, zoning classifications Consolidated Local Governments - Planning and zoning, residential zoning classifications Consolidated Local Governments - Consolidated local government council, removal of study requirements Counties - Consolidated local governments, zoning classifications |
| Amendment | Senate Floor Amendment 2 |
|---|---|
| Sponsor | C. Armstrong |
| Summary | Delay the effective date of Sections 8, 9, and 10 until January 1, 2025. |
| Index Headings | Effective Dates, Delayed - Police discipline in consolidated local governments, effective January 1, 2025 |
| Amendment | Senate Floor Amendment 3 |
|---|---|
| Sponsor | A. Southworth |
| Summary | Delete Section 4, which amends KRS 67C.103, Section 5, which is KRS 67C.105, and Section 6, which is KRS 117.125, in their entirety; delete Section 9 in its entirety and renumber remaining sections accordingly. |
| Index Headings |
Consolidated Local Governments - Nonpartisan requirement for mayor and council Elections and Voting - Consolidated local governments, nonpartisan requirement for mayor and council |
| Amendment | Senate Floor Amendment 4 |
|---|---|
| Sponsor | A. Southworth |
| Summary | Delete Section 4, which amends KRS 67C.103, Section 5, which is KRS 67C.105, and Section 6, which is KRS 117.125, in their entirety; delete Section 14 in its entirety and renumber remaining sections accordingly. |
| Index Headings |
Consolidated Local Governments - Nonpartisan requirement for mayor and council Elections and Voting - Consolidated local governments, nonpartisan requirement for mayor and council |
Last updated: 9/26/2024 1:37 PM (EDT)