Amend KRS 391.010 to specify the share of the surviving spouse in real property in an intestate estate; amend KRS 392.020 to identify surplus personalty and surplus real estate and the share of the surviving spouse to surplus personalty and surplus real estate in an intestate estate; amend KRS 394.300 to set the period of time a county clerk is required to hold a recorded will and to whom the will shall be returned upon expiration of the time period; amend various sections of KRS Chapter 395 to establish requirements for appointment as a fiduciary, confidentiality protections of assets of an estate, and when a hearing for appointment may be waived; amend various sections of KRS Chapter 395 to establish a written declaration under penalty of perjury in lieu of a sworn oath when accepted by the court; amend KRS 395.130 to establish that no bond shall be required of a personal representative unless a surety bond is ordered by the court or required by statute; amend various sections of KRS Chapter 395 to set the requirements for filing an inventory, including penalties for failure to timely comply with the statutory requirements; amend KRS 395.255 to require the clerk of the court to report to the judge on a monthly basis all filings that are not timely filed; amend KRS 395.380, 395.390, and 395.400 to change requirements for the appointment of a public administrator or guardian; remove the sheriff as a public administrator; amend various sections of KRS Chapter 395 to establish procedures to dispense with administration of testate and intestate estates; amend various sections of KRS Chapter 395 to establish procedures for the filing of periodic and final settlements; amend KRS 395.990 to increase the penalty from $10 to $100 for a fiduciary failing to file an inventory or account; amend KRS 199.520 to deem a child of adoption to be a child of the petitioners for purposes of inheritance and succession if the child was adopted and resided with the petitioners prior to the age of 18; amend KRS 140.070 and 140.080 to identify Class A and Class B beneficiaries for purposes of inheritance tax and provide exemptions; amend KRS 64.012 to establish a flat fee of $33 for the recording of a will or other probate document or a court-ordered name change with the county clerk; amend KRS 142.010 to establish a tax of $4 for each recorded will to be collected by the clerk of the court and paid to the county clerk; amend KRS 401.040 to authorize the clerk of the court to collect the fee on behalf of the county clerk for filing a name change order; create a new section of KRS Chapter 186A to set a procedure for the transfer of a motor vehicle upon death; amend KRS 138.470 to include the transfer on death of a motor vehicle as an exemption from the tax imposed by KRS 138.460; create new sections of KRS Chapter 394 to enact the Uniform Electronic Wills Act; define terms; establish the applicability of electronic wills; address the effect of a will electronically executed in another jurisdiction; establish requirements for executing and revoking an electronic will; address records that are not executed in compliance with the requirements for an electronic will; provide requirements for an electronic will to be self-proving; allow for certified paper copies of an electronic will; create new sections of KRS Chapter 394 to enact the Uniform Electronic Estate Planning Documents Act; define terms; establish that a nontestamentary estate planning document or a signature on a nontestamentary estate planning document may not be denied legal effect or enforceability solely because it is in electronic form; provide that an electronic record of a document satisfies a requirement for a nontestamentary estate planning document to be in writing; establish notarization, acknowledgment, and verification requirements; create new sections of KRS Chapter 386 to enact the Kentucky Qualified Dispositions in Trust Act; define terms; establish requirements for qualified affidavit; prohibit claims by creditors against property subject to a qualified disposition to a qualified trust except under limited circumstances; provide that limitations on actions by creditors do not apply to past due child support, past due maintenance to a spouse or former spouse, or a written agreement, judgment, or order of a court for division of marital property of a spouse or former spouse; limit powers and rights of transferor to those conferred by the qualified trust; establish rules for avoiding a qualified disposition to a qualified trust; address rights of trustee and beneficiary when a qualified disposition has been avoided; provide that a spendthrift provision acts as a restriction on the transferor's beneficial interest in the trust under law other than bankruptcy law; enumerate persons who may not act as a qualified trustee; allow a transferor to appoint trust advisors; provide for the appointment of a successor trustee in certain circumstances; provide that the inclusion of certain provisions in the qualified trust instrument does not deem the trust to be revocable; specify application to trusts and dispositions of property on or after effective date of Act; establish a new subchapter of KRS Chapter 386B and create new sections to enact the Uniform Directed Trust Act; define terms; establish that the Act does not apply to powers of appointment; subject trust directors to same rules, liabilities, and fiduciary duties as trustees; enumerate powers of trust director and responsibilities of trustee in a trust under direction; provide for liability of trust director for breach of trust; time limitation for breach of trust action; require communication of information between trustees and trust directors; establish a new subchapter of KRS Chapter 386B and create new sections to enact the Uniform Trust Decanting Act; define terms; applicability of provisions; require fiduciaries to act in accordance with fiduciary duties in exercising trust decanting power; specify notice requirements prior to exercise of the decanting power; address authority to represent and bind or another person under a first-trust instrument; allow court intervention in disputes regarding the exercise of the decanting power; require an exercise of the decanting power to be made in a record signed by an authorized fiduciary; allow an authorized fiduciary with expanded distributive discretion over the principal of a first trust to exercise decanting power over the principal of the first trust; specify trust provisions and actions permissible when property is decanted to a second trust by such a fiduciary; allow an authorized fiduciary with limited distributive discretion over the principal of a first trust to exercising decanting power over the principal of the first trust; specify trust provisions and actions permissible when property is decanted to a second trust by such a fiduciary; establish rules for decanting to a special needs trust; establish rules to protect charitable trust interests; provide for limitations on decanting power through restrictions in a first-trust instrument; prohibit decanting to a second trust to increase fiduciary compensation unless beneficiaries of the second trust agree to the increase or it is approved by a court; address fiduciary compensation and liability in a second-trust instrument; provide for limitations on authority of authorized fiduciary to exercise decanting power to modify provisions relating to removal or replacement of the fiduciary; set limitations for exercise of the decanting power with respect to transfers of property affecting tax liability; specify requirements for duration of a second trust; allow authorized fiduciary to exercise decanting power regardless of whether the fiduciary could have made or would have been compelled to make a discretionary distribution under discretionary distribution standard of the first trust; provide for circumstances where decanting power is effective even if second trust does not comply in part with the provisions of the Act; provide for decanting powers to an animal trust; establish rules for disposition of later-discovered property; provide that obligations enforceable against first trust are enforceable to same extent against second trust; require provisions to be applied and construed so as to promote uniformity among states; conform to federal requirements related to electronic signatures and records; amend various sections of the Kentucky Revised Statutes to conform; repeal KRS 395.635, relating to certification of list of delinquent fiduciaries; repeal KRS 386B.8-080, relating to a settlor's power to direct a trust; repeal KRS 386.175, relating to second trusts; establish short titles.
Amend KRS 367.3611, relating to the Kentucky Consumer Data Protection Act, to define "automatic content recognition" and "smart monitor" and to include automatic content recognition data in the definition of "sensitive data"; EFFECTIVE July 1, 2027.
Amend KRS 154.12-300, 154.12-305, and 154.12-300 to change the Kentucky Innovation and Commercialization Center program to the Kentucky Entrepreneurship and Innovation Hub Program; amend KRS 154.12-300 to define terms; amend KRS 154.12-305 to add goals of supporting entrepreneur-led economic development and attracting workforce talent, investors, and start-up companies to the program; amend KRS 154.12-310 to make conforming changes; amend KRS 164.6011 to include definitions of "early-stage company" and "high-growth company" in the Kentucky Innovation Act; amend KRS 164.6019 to provide that moneys received in the Kentucky enterprise fund may be subject to restrictions imposed by the contributing entity and subject to approval by the Cabinet for Economic Development; amend KRS 164.6021 to make conforming changes and add the purpose of the Kentucky enterprise fund is to attract, recruit, and support early-stage and high-growth companies to locate, relocate, or establish a presence in the Commonwealth; amend KRS 164.6023 to allow companies based outside of Kentucky to be eligible by becoming a Kentucky-based company within 180 days after certification authorizing funding; amend KRS 154.20-234 to allow a pass-through entity to qualify for participation in the Angel Investor Program; make conforming changes.
Create a new section of KRS 151B to grant the governor, in consultation with the Kentucky Workforce Innovation Board, the authority to approve all eligible workforce training programs for federal Workforce Pell Grants and coordinate approval of eligible workforce training programs to avoid duplicative payments; require the board to establish an internal procedure to determine that a program meets applicable federal requirements and ensure that the implementation of this procedure does not impose requirements more restrictive than or inconsistent with any applicable federal rules governing the Workforce Pell Grants; EMERGENCY.
Amend KRS 304.9-020 to modify the definition of "apprentice adjuster," "negotiate," and "public adjuster"; amend KRS 304.9-430 to prohibit the issuing of a public adjuster license on or after the effective date of the Act; amend KRS 304.9-432 to prohibit issuing an apprentice adjuster license to a person that is supervised by a public adjuster; prohibit temporary or apprentice adjuster licensees from taking an examination for, or being issued, a public adjuster license; amend KRS 304.9-433 to prohibit a public adjuster from providing services until the required rescission period has concluded; establish information to be included in contracts between a public adjuster and an insured; require a public adjuster to provide a physical copy of the contract to the insured and insurer; modify the required rescission period for contracts between a public adjuster and an insured; provide that contracts in violation of KRS Chapter 304 are not enforceable; amend KRS 304.9-4331 to prohibit a public adjuster from being affiliated with an entity or person that obtains business in connection with a claim, utilizing a contractor, another form of business, or other person to solicit or obtain contract signatures; prohibit a public adjuster from negotiating with an insurer on behalf of an insured; amend KRS 304.9-4332 to require a public adjuster to provide insured with a receipt of deposit within 3 business days; amend KRS 304.9-4333 to modify fees that may be charged by a public adjuster; amend KRS 304.9-440 to require the commissioner to take certain regulatory actions against an adjuster or apprentice licensee under certain conditions; amend KRS 304.9-436 and 304.9-295 to conform; make conforming and technical amendments throughout; direct that certain sections apply to contracts entered on or after the effective date of the Act.
Amend KRS 31.010 and 31.020 to make technical corrections; amend KRS 31.030 to require the annual report filed by the Department of Public Advocacy to inform the LRC and the public of the work of all divisions of the department; amend KRS 31.110 to provide that the Department shall provide legal representation to a person who is accused of being in contempt of court for noncompliance with a court-ordered obligation only when the obligation arises out of a criminal prosecution or conviction or an action or adjudication for a public or status offense; create a new section of KRS Chapter 31 to provide that the Department of Public Advocacy shall not be appointed by a court to provide legal representation unless specifically authorized by KRS 31.110; amend KRS 31.211 to provide that any attorney providing legal representation under KRS Chapter 31 shall forward all information that indicates payment or reimbursement for services to the public advocate; amend KRS 31.215 to provide that any attorney providing legal representation under KRS Chapter 31 shall not accept fees for legal representation; create an exception for unsolicited gifts of de minimis value; amend KRS 31.219 to provide that any attorney providing legal representation under KRS Chapter 31 shall file a notice of appeal after trial if requested by his or her client; amend KRS 202A.121 to provide that an attorney appointed under KRS Chapter 202A shall be paid a fee fixed by the court not to exceed $500; direct the secretary of the Personnel Cabinet to work with the Department of Public Advocacy to develop and implement a new classification series for Department of Public Advocacy Trial Attorneys; make technical corrections.
HB 767 amends Kentucky law (KRS 39A.050) to require the Division of Emergency Management to establish and maintain the Kentucky Qualification System for emergency management personnel. This bill directly affects the Division of Emergency Management, local emergency management agencies, and all state and local government entities involved in disaster response. The key provision mandates the new qualification system, which will standardize training and certification for emergency personnel, while reinforcing existing duties like coordinating with federal agencies and maintaining the Kentucky Emergency Operations Plan. The bill is marked as an emergency measure, indicating expedited consideration.
Create a new section of KRS Chapter 176 to define terms; require the Transportation Cabinet to fully shield outdoor lights encroaching on agricultural land; EMERGENCY.
Amend various sections of KRS Chapter 313 to amend terms; require the Kentucky Board of Dentistry to affiliate with all testing qualifying examinations for licensure; require the board to purchase liability insurance for board and staff against acts performed in good faith; permit the board to designate trust and agency account funds for scholarships or education loan repayment assistance; add the National Commission on Recognition of Dental Specialties and Certifying Boards for recognizing licensure of specialists; require rather than permit minimum classification licensure of dental hygienists; clarify how a dental hygienist shall operate in a dental practice; amend conditions for providing dental hygienist services; amend services provided by dental assistants; amend provisions relating to radiography; allow for consent by legal representative during telehealth sessions; amend license and registration restrictions related to licensure and ownership titles; allow the Law Enforcement Committee to offer an agreed order during complaint investigations; permit the Well-being Committee to enter into contractual agreements; direct employment provisions for dental laboratories operating or doing business in Kentucky; create a new section of KRS Chapter 313 to establish controls over clinical settings by licensed dentists; prohibit establishing reimbursement rates by a dental practice entity; permit entities controlling a dental practice under a contract to continue exercising control; prohibit new or expanded entities; make technical corrections and remove outdated language; create a new section of KRS Chapter 313 the chapter may be cited as the Kentucky Dental Practice Act. .
Amend KRS 205.6412 to require the Department for Medicaid Services to seek authorization from the United States Centers for Medicare and Medicaid Services to implement a state-directed payment for physician and nonphysician professional services provided to a Medicaid beneficiary by a qualifying hospital's affiliated physician groups or physicians and other professionals employed or contracted by the qualified hospital; require the Department of Medicaid Services to direct Medicaid managed care organizations to issue payments back to January 1, 2026, upon federal approval; RETROACTIVE.
Amend KRS 224A.320 to require that eligible funding recipients for the Kentucky Water and Wastewater Assistance for Troubled or Economically Restrained Systems (WWATERS) Program meet 3 or more of the specified eligibility criteria instead of 1; exclude projects that expand the utility service of funding applicants from the definition of "eligible project"; require that a funding application include a detailed budget for all proposed project expenses; allow the Kentucky Infrastructure Authority board to evaluate and score funding applications for proposed projects in phases; require that approved eligible funding recipients adopt best management practices that would address the performance deficiencies that made the applicant eligible for funding; remove the funding evaluation criteria categories of current accounts payable turnover ratio and current days' sales in accounts receivable ratio; remove the requirement from the evaluation criteria that the applicant's receipt of a notice of violation of drinking water or other water quality standards occur in the past year; add to the funding eligibility criteria that the funding applicant can demonstrate that the amount of stormwater inflow and groundwater infiltration entering the funding applicant's system seriously impairs its effectiveness; add to the funding evaluation criteria that the funding applicant previously received funding through the program for a prior phase of the proposed project; add to the funding evaluation criteria that the funding applicant can demonstrate that the estimated costs are comparable to actual costs incurred for similar projects; add to the funding evaluation criteria that a licensed professional engineer signed an attestation of the application's veracity; require that in the evaluation of the funding applications, the board separately score and individually rank all eligible projects, with additional consideration given to projects that provide or restore safe water or wastewater utility service; EMERGENCY.
Establish Subtitle 13 of KRS Chapter 286 and create new sections thereof to regulate virtual currency kiosks; establish definitions; provide for enforcement by the commissioner of the Department of Financial Institutions; establish license requirements for virtual currency kiosks; require regulatory filings to be submitted to a nationwide licensing system registry; establish initial and renewal application processes and requirements, reporting, surety bond and tangible net worth, and change of control requirements for virtual currency kiosk operators; require the commissioner to promulgate administrative regulations to establish format, document submission, fee, and trade practice requirements for virtual currency kiosk operators; establish record retention requirements for persons required to be licensed as virtual currency kiosk operators; establish trade practice requirements relating to protection of resident assets, virtual currency kiosk transactions, prohibited practices, and fraud and information security compliance procedures; authorize the commissioner to conduct investigations and examinations; provide for the confidentiality of certain documents provided to the commissioner; authorize the commissioner to share, disclose, and report information and take other actions to assist in the commissioner's duties; require the commissioner to submit an annual licensing report to the Legislative Research Commission; establish due process requirements for adverse actions taken by the commissioner against licensees and other persons; establish requirements for the denial, suspension, or revocation of a license; authorize the commissioner to enter cease and desist orders and emergency orders; authorize the commissioner to order civil penalties against persons that violate the subtitle; require the commissioner of the Department of Financial Institutions to promulgate any required emergency and ordinary administrative regulations on or before January 1, 2027; EFFECTIVE, in part, March 31, 2027.
