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Legislative Report April 25, 2024
Prepared by: Maresa Fawns
Bill Information
RECORDING OF WILLS
(FISCHER, JOSEPH M.)

Amend KRS 394.300, relating to the recording of wills, to clarify that circuit clerks must copy and certify every will or authenticated copy admitted to the court for recording; require circuit clerks to send certified copies of wills, authenticated copies, and court orders admitting wills to probate to the county clerk for recording; clarify that the original will or authenticated copy shall remain with the circuit clerk for two years; repeal KRS 394.110.

  RECENT STATUS

3/26/2019 - SIGNED BY GOVERNOR

3/14/2019 - delivered to Governor

3/14/2019 - Enrolled, Signed by President of the Senate

CONSTITUTION OF KENTUCKY
(DOSSETT, MYRON)

Propose to amend Section 117 of the Constitution of Kentucky relating to the election of judges on a partisan rather than a nonpartisan basis; provide ballot language; submit to voters for ratification or rejection.

  RECENT STATUS

2/12/2019 - (H) posted in committee House Elections, Const. Amendments & Intergovernmental Affairs

1/10/2019 - (H) Referred to Committee House Elections, Const. Amendments & Intergovernmental Affairs

1/8/2019 - Introduced (Pre-Filed)

CHILD ABUSE
(BURCH, TOM)

Amend KRS 620.030 to establish that if a person knows or has reasonable cause to believe that a child is dependent, neglected, or abused, causes an oral or written report of the dependency, neglect, or abuse to be made, is employed by a local law enforcement agency, the Department of Kentucky State Police, the cabinet or its designated representative, the Commonwealth's attorney, or a county attorney, then that person shall make the oral or written report to his or her employer and to one of the other entities authorized to receive the report.

  RECENT STATUS

1/11/2019 - (H) Referred to Committee House Health and Family Services

1/10/2019 - Introduced

CHILD WELFARE
(MEADE, DAVID)

Create a new section of KRS Chapter 199 to require national and state background checks of staff members of child-caring facilities and child-placing agencies in Kentucky as newly required by federal law; amend KRS 199.011 to update the definition of "voluntary and informed consent" as it relates to adoption; amend KRS 199.505 to establish a beginning timeframe related to searches of the Kentucky putative father registry that corresponds to the date on which the statute became effective following its enactment in 2018; create a new section of KRS Chapter 620 to establish a foster child bill of rights; amend KRS 620.020 to establish definitions for "position of authority" and "position of special trust"; amend KRS 620.030, relating to reports of abuse or neglect of a child that may or may not involve fictive kin, persons in a position of authority, or persons in a position of special trust; amend KRS 620.040, relating to reports of abuse or neglect of a child that may or may not involve fictive kin, persons in a position of authority, or persons in a position of special trust; amend KRS 620.180 to require case reviews for court approval 60 days after a child has been placed in a qualified residential facility to ensure the Commonwealth is in compliance with federal law.

  RECENT STATUS

3/19/2019 - SIGNED BY GOVERNOR

3/7/2019 - delivered to Governor

3/7/2019 - Enrolled, Signed by President of the Senate

FOSTER CARE AND ADOPTION
(PETRIE, JASON)

Create a new section of KRS Chapter 199 to define "foster care or adoption services" and "religious organization"; provide that a religious organization or an individual employed by a religious organization while acting in the scope of that employment shall not be required to provide foster care or adoption services to a person if the action would cause the organization or individual to violate a sincerely held religious belief; restrict civil or criminal action against religious organizations or an individual employed by a religious organization while acting in the scope of that employment for certain actions or any other action to penalize; allow religious organizations or an individual employed by a religious organization while acting in the scope of that employment a defense to any private cause of action for refusal to provide certain services due to a sincerely held religious belief.

  RECENT STATUS

2/5/2019 - (H) Referred to Committee House Health and Family Services

1/11/2019 - Introduced

SEXUAL ASSAULT
(GOFORTH, ROBERT)

Amend KRS 403.322 to specify that persons found by clear and convincing evidence to have committed an offense in KRS Chapter 510 that produced a child shall not have custody, visitation, or inheritance rights with regard to that child.

  RECENT STATUS

2/5/2019 - (H) Referred to Committee House Judiciary

1/11/2019 - Introduced

JURY SERVICE
(LEE, STAN)

Amend KRS 29A.100 to allow individuals who are caregivers for persons who are sick, aged, disabled, or infirm, as well as children who require the individual's personal care and attention, to be excused from jury service; allow for verification of the individual's obligations to be furnished.

  RECENT STATUS

2/13/2019 - House Judiciary, (Bill Scheduled for Hearing)

2/8/2019 - (H) posted in committee House Judiciary

2/6/2019 - (H) Referred to Committee House Judiciary

CHILDREN EDUCATION STABILITY
(RILEY, STEVE)

Amend KRS 620.060 regarding emergency custody orders in dependency, neglect, and abuse cases to require a specific statement in the orders to change the educational enrollment of a protected child; amend KRS 403.730 to require a specific finding on the record before an emergency domestic violence protective order can order a child to change educational enrollment; amend KRS 403.270 regarding child custody generally to emphasize educational stability as a primary factor.

  RECENT STATUS

3/12/2019 - (H) recommitted to committee House Appropriations & Revenue

3/12/2019 - (H) Posted for Passage in Regular Orders of the Day

3/7/2019 - (H) Posted for Passage in Regular Orders of the Day

EXTREME RISK PROTECTION ORDERS
(RAYMOND, JOSIE)

Create new sections of KRS Chapter 237 to allow persons to petition in District Court for one-year extreme risk protection orders when the petitioner believes a respondent poses a significant danger of causing serious physical injury to themselves or others through owning, purchasing, possessing, or receiving a firearm or ammunition; establish procedures under which a temporary ex parte protective order could be issued; establish procedures for the filing, review, hearing, and possible extension of the petition; prescribe issuance and service procedures of a resulting protection order; establish procedures for the surrender, storage, and return of firearms and ammunition; establish penalties.

  RECENT STATUS

2/15/2019 - (H) Referred to Committee House Judiciary

2/14/2019 - Introduced

CHILD SUPPORT
(PRUNTY, MELINDA GIBBONS)

Create a new section of KRS Chapter 403 to create calculation methods for use in determining child support obligations when shared parenting is the ordered custody arrangement; amend KRS 205.721 to increase the fee charged by the cabinet to $35 required by federal law; amend KRS 403.211 to provide that the calculations for child support provided in Section 1 are excepted from the presumption of application of the existing guidelines in KRS 403.212; amend KRS 403.212 to update the amounts in the child support guidelines table; amend KRS 403.215 to require notice of wage assignment orders to be sent to employers using the Income Withholding for Support form; amend KRS 405.467 to allow arrearage amounts to be determined administratively in certain instances.

  RECENT STATUS

3/26/2019 - SIGNED BY GOVERNOR

3/14/2019 - delivered to Governor

3/14/2019 - Enrolled, Signed by President of the Senate

CHILD WELFARE
(MEADE, DAVID)

Amend KRS 620.140 to require a list to be provided to the cabinet by a biological or legal parent of potential persons to be considered as a relative or fictive kin placement; amend KRS 620.290 to add new requirements for local citizen foster care review boards to consider when making recommendations and remove requirements related to case reviews of when a foster child is moved more than three times; amend KRS 620.320 to change the duties of the State Citizen Foster Care Review Board; amend KRS 620.360 to establish that foster parent certification shall be effective for a minimum of three years; amend KRS 625.060 to establish that a foster parent shall be a party in an action for involuntary termination of parental rights; amend 625.090 to establish a new consideration by a court in cases of involuntary termination of parental rights that if a child is found to have been diagnosed with neonatal abstinence syndrome at the time of birth and the child's birth mother has had a child previously diagnosed with neonatal abstinence syndrome at the time of birth; establish a new consideration by a court in termination of parental rights cases that if a child has been removed from the biological or legal parents more than 2 times by the cabinet or a court.

  RECENT STATUS

3/26/2019 - SIGNED BY GOVERNOR

3/14/2019 - delivered to Governor

3/14/2019 - Enrolled, Signed by President of the Senate

VENUE
(FISCHER, JOSEPH M.)

Amend KRS 5.005 to remove exclusive jurisdiction for legislative redistricting from Franklin Circuit.

  RECENT STATUS

2/21/2019 - (H) Referred to Committee House Judiciary

2/20/2019 - Introduced

FIREARM POSSESSION
(CARNEY, JOHN BAM)

Amend KRS 527.010 to define "domestic abuse offense," "domestic violence protective order," and "physical force"; create a new section of KRS Chapter 527 to create the crimes of possession of a firearm by a convicted domestic abuser and possession of a firearm by the subject of a domestic violence protective order; create a new section of KRS Chapter 527 to require the surrender of firearms by people subject to protective orders or convicted of specified crimes; amend KRS 403.740 and 456.060 to require courts to inform the subject of a domestic violence order or an interpersonal protective order of the firearm possession prohibition.

  RECENT STATUS

2/21/2019 - (H) Referred to Committee House Judiciary

2/20/2019 - Introduced

CUSTODY ORDERS
(MASSEY, C. ED)

Amend KRS 403.330 to set minimum requirements for parenting coordinators.

  RECENT STATUS

2/21/2019 - (H) Referred to Committee House Judiciary

2/20/2019 - Introduced

SUPREME COURT DISTRICTS
(NEMES, JASON)

Amend KRS 21A.010 to move certain counties into different Supreme Court districts; EFFECTIVE January 1, 2021.

  RECENT STATUS

3/4/2019 - House Elections, Const. Amendments & Intergovernmental Affairs, (Bill Scheduled for Hearing)

2/25/2019 - (H) posted in committee House Elections, Const. Amendments & Intergovernmental Affairs

2/21/2019 - (H) Referred to Committee House Elections, Const. Amendments & Intergovernmental Affairs

CIVIL ACTIONS
(STIVERS, ROBERT)

Create a new section of KRS Chapter 26A to allow appointment of a special judge in certain civil actions.

  RECENT STATUS

3/12/2019 - House Judiciary, (Bill Scheduled for Hearing)

3/6/2019 - House Judiciary, (Bill Scheduled for Hearing)

3/4/2019 - (H) Returned to Committee House Judiciary

SIBLING VISITATION
(ALVARADO, RALPH)

Amend KRS 620.050 to require the Cabinet for Health and Family Services, in the case of siblings removed from their home who are not jointly placed, to provide for frequent visitation or other ongoing interaction between the siblings.

  RECENT STATUS

3/11/2019 - SIGNED BY GOVERNOR

2/27/2019 - delivered to Governor

2/27/2019 - Enrolled, Signed by Speaker of the House

OFFICIAL DOCUMENT
(MCGARVEY, MORGAN)

Create new sections of KRS Chapter 423 to define various terms; limit the applicability of the Act to notarial acts performed on or after January 1, 2020; allow a notarial officer to perform a notarial act in Kentucky; outline requirements for certain notarial acts; require a personal or online appearance before a notarial officer; specify the requirements of identifying an individual before a notarial officer; allow a notarial officer to refuse to perform a notarial act; state who may perform a notarial act in Kentucky; recognize notarial acts performed in other states; recognize notarial acts performed in federally recognized Indian tribes under federal law, and in foreign countries; allow a notary public to perform a notarial act by means of communication technology; require a notarial act to be evidenced by a certificate; provide short-form certificates for use by notarial officers; outline the requirements for an official stamp of a notary public; assign responsibility of the notary public's stamping device to the notary public; require a notary public to maintain a journal chronicling all notarial acts performed by that notary public; require a notary public to register with the Secretary of State that the notary public will be performing notarial acts with respect to electronic records; outline the necessary requirements to be a notary public; outline grounds for suspending, denying, or revoking a commission as a notary public; require the Secretary of State to maintain an electronic database of notaries public; detail prohibited acts; establish the validity of notarial acts; allow the Secretary of State to promulgate administrative regulations to implement this Act; require all commissions occurring after the effective date of this Act to comply with this Act; state that a portion of this Act may be cited as the Uniform Real Property Electronic Recording Act; create a new section of KRS Chapter 382 to state that a paper copy of an electronic record shall satisfy a law requiring a tangible document; amend KRS 423.200 to make technical corrections; amend KRS 369.103 to allow electronic signatures on transactions relating to the conveyance of interests in real property and the creation or transfer of negotiable instruments; amend KRS 382.230 to remove reference to KRS 382.140; create a new section of KRS Chapter 382 to provide for the order of priority between physical and electronic documents presented to the county clerk; amend KRS 382.200 and 382.280 to make technical corrections; amend KRS 64.012 to update fees of county clerks for recording documents; amend KRS 382.240 to allow a reimbursement to county clerks for prepayment of postage; amend KRS 382.360 to no longer require the county clerk to deliver the original deed of release; create a task force on issues regarding the implementation of this Act; repeal KRS 382.140, 382.190, 423.010, 423.020, 423.030, 423.040, 423.050, 423.060, 423.070, 423.080, and 423.990; EFFECTIVE January 1, 2020; APPROPRIATION.

  RECENT STATUS

3/25/2019 - SIGNED BY GOVERNOR

3/13/2019 - delivered to Governor

3/13/2019 - floor amendment (1) withdrawn

RIGHTS OF PARENTS
(WEST, STEPHEN)

Create a new section of KRS Chapter 405 to establish specific rights of parents; establish a short title of "Parents Rights Act."

  RECENT STATUS

3/1/2019 - floor amendment (2) filed to Committee Substitute

2/22/2019 - (S) SECOND READING, to Rules

2/21/2019 - floor amendment (1) filed to Committee Substitute

OFFICIAL DOCUMENTS
(WEST, STEPHEN)

Create new sections of KRS Chapter 423 to define various terms; limit the applicability of the Act to notarial acts performed on or after January 1, 2020; allow a notarial officer to perform a notarial act in Kentucky; outline requirements for certain notarial acts; require a personal appearance before a notarial officer; specify the requirements of identifying an individual before a notarial officer; allow a notarial officer to refuse to perform a notarial act; state who may perform a notarial act in Kentucky; recognize notarial acts performed in other states; recognize notarial acts performed in federally recognized Indian tribes under federal law, and in foreign countries; require a notarial act to be evidenced by a certificate; provide short-form certificates for use by notarial officers; outline the requirements for an official stamp of a notary public; assign responsibility of the notary public's stamping device to the notary public; require a notary public to register with the Secretary of State that the notary public will be performing notarial acts with respect to electronic records; outline the necessary requirements to be a notary public; outline grounds for suspending, denying, or revoking a commission as a notary public; require the Secretary of State to maintain an electronic database of notaries public; detail prohibited acts; establish the validity of notarial acts; allow the Secretary of State to promulgate administrative regulations to implement this Act; require all commissions occurring after the effective date of this Act to comply with this Act; state that a portion of this Act may be cited as the Uniform Real Property Electronic Recording Act; create a new section of KRS Chapter 382 to state that a paper copy of an electronic record shall satisfy a law requiring a tangible document; amend KRS 423.200 to make technical corrections; amend KRS 369.103 to allow electronic signatures on transactions relating to the conveyance of interests in real property and the creation or transfer of negotiable instruments; amend KRS 382.230 to remove reference to KRS 382.140; create a new section of KRS Chapter 382 to provide for the order of priority between physical and electronic documents presented to the county clerk; amend KRS 382.200 and 382.280 to make technical corrections; amend KRS 64.012 to update fees of county clerks for recording documents; amend KRS 382.240 to allow a reimbursement to county clerks for prepayment of postage; amend KRS 382.360 to no longer require the county clerk to deliver the original deed of release; create a task force on issues regarding the implementation of this Act; repeal KRS 382.140, 382.190, 423.010, 423.020, 423.030, 423.040, 423.050, 423.060, 423.070, 423.080, and 423.990; EFFECTIVE January 1, 2020; APPROPRIATION.

  RECENT STATUS

2/15/2019 - (S) Referred to Committee Senate Judiciary

2/13/2019 - Introduced

ADOPTION
(CASTLEN, MATT)

Create a new section of KRS Chapter 199 to require the Cabinet for Health and Family Services to provide adoption information to biological or legal parents or guardians of a child when the cabinet first commences any action related to the removal of the child from the care of the legal parent or guardian due to an allegation of dependency, neglect, or abuse; allow a licensed child-placing agency, the cabinet, or qualified prospective adoptive parents to intervene in a court case related to an allegation of dependency, neglect, or abuse if a biological or legal parent executes a voluntary and informed consent for adoption; amend KRS 199.011 to establish that a person's voluntary and informed consent to place a child for adoption is final and irrevocable 72 hours after it is signed; amend KRS 199.480 to establish that a father has 23 days to register on the putative father registry after the birth of a child; amend KRS 199.500 to establish that a person's voluntary and informed consent to place a child for adoption is final and irrevocable 72 hours after it is signed; amend KRS 625.065 to establish that a father has 23 days to register on the putative father registry after the birth of a child.

  RECENT STATUS

2/27/2019 - Senate Health & Welfare, (Bill Scheduled for Hearing)

2/19/2019 - (S) Referred to Committee Senate Health & Welfare

2/14/2019 - Introduced

PARENT VISITATION RIGHTS
(WISE, MAX)

Amend KRS 405.021 to state that a grandparent whose child has died or had their parental rights terminated may still seek visitation rights with a grandchild after they have been adopted by another grandparent or a step-parent; amend KRS 199.520 to specify that adoption does not cut off legal relationship with biological family pursuant to Section 1.

  RECENT STATUS

2/19/2019 - (S) Referred to Committee Senate Judiciary

2/14/2019 - Introduced

GUARDIAN AD LITEMS
(MCDANIEL, CHRISTIAN)

Amend KRS 625.041, relating to the appointment of guardian ad litems, to make a technical correction.

  RECENT STATUS

2/27/2019 - (H) Referred to Committee House Judiciary

2/26/2019 - received in House

2/25/2019 - (S) THIRD READING, passed 23-12 with Committee Substitute (1), floor amendments (1) and (2), and committee amendment (1-title)

JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
(STIVERS, ROBERT)

Amend KRS 13B.150 to require a court to decide all questions of law in the judicial review of final orders rendered by state agencies without deference to the agency's determination; amend KRS 13B.020 to conform.

  RECENT STATUS

2/19/2019 - (S) Referred to Committee Senate Judiciary

2/15/2019 - Introduced

OPEN RECORDS
(SCHRODER, WIL)

Amend KRS 61.872 to allow application for inspection of records to be by email and fax.

  RECENT STATUS

3/25/2019 - SIGNED BY GOVERNOR

3/13/2019 - delivered to Governor

3/13/2019 - Enrolled, Signed by Speaker of the House

EXTREME RISK PROTECTION ORDERS
(MCGARVEY, MORGAN)

Create new sections of KRS Chapter 237 to allow persons to petition in District Court for one-year extreme risk protection orders when the petitioner believes a respondent poses a significant danger of causing serious physical injury to themselves or others through owning, purchasing, possessing, or receiving a firearm or ammunition; establish procedures under which a temporary ex parte protective order could be issued; establish procedures for the filing, review, hearing, and possible extension of the petition; prescribe issuance and service procedures of a resulting protection order; establish procedures for the surrender, storage, and return of firearms and ammunition; establish penalties.

  RECENT STATUS

2/19/2019 - (S) Referred to Committee Senate Judiciary

2/15/2019 - Introduced

PARENTAL RIGHTS AMENDMENT
(WEST, STEPHEN)

Urge Congress to propose the Parental Rights Amendment to the states for ratification.

  RECENT STATUS

2/19/2019 - (S) Referred to Committee Senate Judiciary

2/14/2019 - Introduced