House Bill 388

Actions | Amendments
Last Action 04/12/24: delivered to Secretary of State
Title AN ACT relating to local government and declaring an emergency.
Bill Documents Current
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 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

Actions

Top | Amendments
01/25/24
  • introduced in House
  • to Committee on Committees (H)
01/31/24
  • to Local Government (H)
02/07/24
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/08/24
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Friday, February 09, 2024
02/12/24
  • floor amendment (1) filed to Committee Substitute
02/13/24
  • 3rd reading
  • Floor Amendment (1) defeated
  • passed 70-20 with Committee Substitute (1)
02/14/24
  • received in Senate
  • to Committee on Committees (S)
02/26/24
  • to State & Local Government (S)
03/14/24
  • taken from State & Local Government (S)
  • 1st reading
  • returned to State & Local Government (S)
03/15/24
  • taken from State & Local Government (S)
  • 2nd reading
  • returned to State & Local Government (S)
03/21/24
  • reported favorably, to Rules with Committee Substitute (1)
03/22/24
  • posted for passage in the Regular Orders of the Day for Monday, March 25, 2024
  • floor amendments (1) (2) and (4) filed to Committee Substitute
  • floor amendment (3) filed
03/25/24
  • 3rd reading
  • floor amendment (3) withdrawn
  • floor amendment (4) defeated
  • passed 25-11 with Committee Substitute (1) and Floor Amendments (1) and (2)
  • received in House
  • to Rules (H)
03/26/24
  • posted for passage for concurrence in Senate Floor Amendments (1) and (2) and Committee Substitute (1)
03/28/24
  • House concurred in Senate Committee Substitute (1) and Floor Amendments (1) and (2)
  • passed 79-21 with Committee Substitute (1) and Floor Amendments (1) and (2)
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/08/24
  • Vetoed
04/12/24
  • received in House
  • to Rules (H)
  • taken from Rules
  • posted for passage for consideration of Governor's veto
  • veto overridden
  • passed 71-22
  • received in Senate
  • to Rules (S)
  • posted for passage for consideration of Governor's veto
  • veto overridden
  • passed 22-10
  • received in House
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Secretary of State

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
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: 4/14/2024 1:20 PM (EDT)