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signed · Kentucky · House Apr 11, 2017

HB 319: AN ACT relating to elections. Amend KRS 242.020 to require that any person or group of persons that wants to circulate a petition for a local option election must first file with the county clerk the intent to circulate a petition before signatures are collected; require that a person or group of persons post a bond with the Circuit Court to cover all costs of the election within five days of filing the petition if the local option election will be held on any day other than a primary or regular election date; require that petitions have the signature and legibly printed name of the voter and the year of the voter's birth; require that if such an election is held on a day other than a primary or regular election date, the person or group of persons circulating the petition will pay for the costs of the local option election; amend KRS 242.030 to require that the petition contain the date of the local option election; permit a local option question to be placed on a ballot on a primary or a regular election day and to establish deadlines and procedures for the filing of petitions; amend KRS 242.022, 242.1242, and 242.1244 to apply to urban-county governments, charter counties, consolidated local governments, and unified local governments and to conform.

Signed by Governor (Acts, ch. 190)
signed · Kentucky · House Apr 11, 2017

HB 443: AN ACT relating to reorganization and making an appropriation therefor. Establish KRS Chapter 324B and create new sections thereof to grant the Department of Professional Licensing supervision over the new Real Estate Authority; define terms, including "real property board," which means the Board of Home Inspectors, Board of Real Estate Professionals, Board of Appraisers, or Board of Auctioneers; change the name of the Real Estate Commission to the Board of Real Estate Professionals; establish the department, which is managed by a commissioner, within the Public Protection Cabinet; direct the commissioner to issue written statements indicating the specific responsibilities of each real property board, board member, and board staff; deem all administrative regulations previously promulgated by the real property boards or their predecessors as retroactively promulgated by the commissioner; authorize the commissioner to promulgate future administrative regulations relating to any real property board, but only after the relevant real property board has first adopted the administrative regulation; create the Kentucky Real Estate Authority within the Department of Professional Licensing; appoint an executive director to manage the authority; establish the authority with five members, composed of the executive director and the chair of each of the four real property boards; make the executive director the chair of the authority, who may only vote in the case of a tie; set authority member reimbursement and compensation; direct the authority to oversee the real property boards; allow the authority to hear appeals of real property board disciplinary actions; consolidate the authority, boards, and their employees at one physical location; permit the boards to submit an annual budget to the authority, requiring approval by a majority vote of the authority; empower the Public Protection Cabinet secretary to appoint all personnel of the authority and the real property boards; order the authority to hire up to four administrative coordinators to carry out the administrative functions and day-to-day operations of the real property boards; establish the responsibilities of the executive director; repeal, reenact, and amend KRS 224.10-052 and 224.10-053 as new sections of KRS Chapter 324B to replace the Office of Occupations and Professions with the Department of Professional Licensing; direct the department to assume all of the responsibilities formerly held by the office; amend KRS 198B.700, 324.010, 324A.010, and 330.020 to define "authority," "commissioner," and "department"; repeal, and reenact 198B.704, 324.281, 324A.015, and 330.050 to establish the boards of home inspectors, real estate professionals, appraisers, and auctioneers, respectively; set each board at five members and list the requirements and circumstances for membership; fix the procedures for selecting members for the boards; determine board privileges and duties; forbid the commissioner from promulgating or changing an administrative regulation relating to a board unless that board has already adopted the promulgation or change; allow appeal of a board decision to the authority; prohibit any officer or employee of the cabinet, department, or authority from attempting to influence or interfere with a board's disciplinary decision or proceeding; establish details relating to board budgets and fees; retain the agency fund account and related processes for the auctioneer board; forbid the authority from imposing a fine against a licensee without previous board approval; name circumstances that could lead to removal of a board member; set reimbursement and compensation limits for board members; permit board members and staff to attend and travel to and from board-related or industry-related meetings and events with the approval of the authority; amend KRS 198B.728, 324.200, 324A.052, and 330.130 to establish appellate rights for parties aggrieved by a board decision; amend KRS 324A.150 to define "commissioner"; amend KRS 12.020, 12.252, 164.6903, 164.6905, 164.6909, 164.6911, 164.6913, 164.6915, 164.6923, 164.6929, 198A.030, 198B.706, 198B.712, 198B.714, 198B.722, 198B.724, 286.8-990, 309.131, 309.329, 309.404, 319B.020, 319B.040, 324.020, 324.040, 324.045, 324.046, 324.080, 324.085, 324.090, 324.111, 324.112, 324.115, 324.117, 324.141, 324.142, 324.150, 324.151, 324.160, 324.170, 324.220, 324.236, 324.237, 324.238, 324.2812, 324.285, 324.286, 324.287, 324.288, 324.310, 324.312, 324.330, 324.360, 324.395, 324.400, 324.410, 324.420, 324.425, 324A.020, 324A.035, 324A.040, 324A.045, 324A.047, 324A.050, 324A.065, 324A.100, 324A.152, 324A.154, 324A.156, 324A.158, 324A.160, 324A.162, 324A.163, 329A.025, 330.060, 330.070, 330.110, 330.192, 334.170, 344.385, 433.900, 433.902, and 433.906 to conform; repeal KRS 324.2811, 324.282, 324.283, 324.284, 324A.025, and 324A.060; set initial real property board terms; forbid the board member expansions from removing the three initial appointees; allow board members serving on November 30, 2016, to serve out their terms as nonvoting ex officio members of their boards with reduced compensation; transfer active personnel serving the real property boards on November 30, 2016, to the authority; confirm Executive Orders 2016-859 and 2016-881, except as expressly modified; APPROPRIATION.

Signed by Governor (Acts, ch. 178)
signed · Kentucky · House Apr 10, 2017

HB 241: AN ACT relating to student athlete safety. Amend KRS 160.445 to prohibit a coach from returning a student to play who is diagnosed with a concussion; prohibit a student from returning to play if no physician or licensed provider is available to conduct the required concussion evaluation; prohibit a student who does not receive the required evaluation from returning to play in a subsequent practice or competition unless written clearance from a physician is provided.

Signed by Governor (Acts, ch. 160)
signed · Kentucky · House Apr 10, 2017

HB 387: AN ACT relating to the Executive Branch Code of Ethics. Amend KRS 11A.080 to allow the Executive Branch Ethics Commission to turn over evidence that may be used in a preliminary investigation to any other agency with jurisdiction to review, audit, or investigate an alleged offense; amend KRS 11A.211 to change the registration fee from $125 to $500 for executive agency employers of lobbyists and each real party in interest.

Signed by Governor (Acts, ch. 162)
signed · Kentucky · House Apr 10, 2017

HB 388: AN ACT relating to tax increment financing and declaring an emergency. Amend KRS 65.7045 to define "technology park"; amend KRS 65.7043 and 65.7049 to expand mixed-use development projects to include a mixed-use development with a technology park; amend KRS 154.30-060 to expand the definition of "mixed-use" project and to delete the upper investment limit on a project that can qualify as a mixed-use development project; amend KRS 65.7053 to conform; provide that the provisions of the Act are effective for applications for which a Tax Incentive Agreement has not been approved prior to the effective date of this Act; EMERGENCY.

Signed by Governor (Acts, ch. 174)
signed · Kentucky · House Apr 10, 2017

HB 333: AN ACT relating to controlled substances. Amend KRS 218A.010 to define "fentanyl," "carfentanil," and "fentanyl derivatives"; amend KRS 218A.020 to expand the authority of the Office of Drug Control Policy to request the rescheduling of a substance; amend KRS 218A.050 to schedule fentanyl derivatives as Schedule I controlled substances; amend KRS 218A.1410 to include carfentanil, fentanyl, or fentanyl derivatives; amend KRS 218A.1412 to make trafficking in any amount of fentanyl, carfentanil, or fentanyl derivatives subject to elevated penalties; amend KRS 218A.142 to include carfentanil, fentanyl, or fentanyl derivatives; amend KRS 218A.205 to require state licensing boards to promulgate regulations limiting prescriptions for Schedule II controlled substances for acute pain to a three day supply, with certain exceptions; create a new section of KRS Chapter 218A to create a new offense of trafficking in a misrepresented controlled substance.

Signed by Governor (Acts, ch. 168)
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