Kentucky 2020 Regular Session Status: Enacted

HB 150 — AN ACT relating to the interpretation of laws and declaring an emergency.

Last action — delivered to Secretary of State (Acts ch. 86)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 09, 2019. Enacted.

Prognosis

Likely to advance 68% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

17 added · 97 removed

17 line(s) added, 97 removed.

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Latest
UNOFFICIAL COPY 20 RS BR 418 AN ACT relating to the interpretation of state insurance laws and declaring an emergency.
UNOFFICIAL COPY 20 RS HB 150/VO AN ACT relating to the interpretation of laws and declaring an emergency.
A NEW SECTION OF SUBTITLE 1 OF KRS CHAPTER 304 IS CREATED TO READ AS FOLLOWS:
A NEW SECTION OF KRS CHAPTER 446 IS CREATED TO READ AS FOLLOWS:
A statement of the law in the American Law Institute's Restatement of the Law, Liability Insurance does not constitute the law or public policy of this state if the statement of the law is inconsistent or in conflict with:
(1) A statement or restatement of the law in any legal treatise, scholarly publication, textbook, or other explanatory text shall not constitute the law or public policy of the Commonwealth of Kentucky.
(1) The Constitution of the United States or of this state;
No Kentucky court shall treat any such publication or text as controlling authority.
(2) A statute of this state;
(2) In the absence of a constitutional section or a statute on a given matter, Kentucky shall be deemed to have adopted the common law.
(3) This state's case law precedent;
or (4) Other common law that may have been adopted by this state.
KRS 304.1-120 is amended to read as follows:
Whereas there currently exist legal treatises that are inconsistent with the well-established law of this state that purport to address matters which are properly in the legislative prerogative, an emergency is declared to exist, and this Act shall take effect upon its passage and approval by the Governor or upon its otherwise becoming law.
No provision of this code, except Section 1 of this Act, shall apply to:
Page 1 of 1 HB015090.100 - 418 - XXXX Vetoed and Overriden
(1) Fraternal benefit societies (as identified in Subtitle 29), except as stated in Subtitle 29.
(2) Nonprofit hospital, medical-surgical, dental, and health service corporations (as identified in Subtitle 32) except as stated in Subtitle 32.
(3) Burial associations (as identified in KRS Chapter 303), except as stated in Subtitle 31.
(4) Assessment or cooperative insurers (as identified in KRS Chapter 299), except as stated in KRS Chapter 299.
(5) Insurance premium finance companies (as identified in Subtitle 30), except as stated in Subtitle 30.
(6) Qualified organizations which issue charitable gift annuities within the Commonwealth of Kentucky.
For the purposes of this subsection:
(a) A "qualified organization" means one which is:
Page 1 of 4 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 418 1.
Exempt from taxation under Section 501(c)(3) of the Internal Revenue Code as a charitable organization, if it files a copy of federal form 990 with the Division of Consumer Protection in the Office of the Attorney General;
or 2.
Exempt from taxation under Section 501(c)(3) of the Internal Revenue Code as a religious organization;
or 3.
Exempt as a publicly owned or nonprofit, privately endowed educational institution approved or licensed by the State Board of Education, the Southern Association of Colleges and Schools, or an equivalent public authority of the jurisdiction where the institution is located;
and (b) A "charitable gift annuity" means a giving plan or method by which a gift of cash or other property is made to a qualified organization in exchange for its agreement to pay an annuity.
(7) A religious organization, as identified in this subsection, or its participants, that:
(a) Is a nonprofit religious organization;
(b) Is limited to participants who are members of the same denomination or religion;
(c) Matches its participants who have financial, physical, or medical needs with participants who choose to assist with those needs;
(d) 1.
Includes the following notice for delivery to all participants, printed in not less than ten (10) point, bold-faced type on or accompanying all applications, guideline materials, or any similar documents:
"NOTICE:
UNDER KENTUCKY LAW, THE RELIGIOUS ORGANIZATION FACILITATING THE SHARING OF MEDICAL EXPENSES IS NOT AN INSURANCE COMPANY, AND ITS GUIDELINES, PLAN OF OPERATION, OR ANY OTHER DOCUMENT OF THE RELIGIOUS ORGANIZATION DO NOT Page 2 of 4 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 418 CONSTITUTE OR CREATE AN INSURANCE POLICY.
PARTICIPATION IN THE RELIGIOUS ORGANIZATION OR A SUBSCRIPTION TO ANY OF ITS DOCUMENTS SHALL NOT BE CONSIDERED INSURANCE.
ANY ASSISTANCE YOU RECEIVE WITH YOUR MEDICAL BILLS WILL BE TOTALLY VOLUNTARY.
NEITHER THE ORGANIZATION OR ANY PARTICIPANT SHALL BE COMPELLED BY LAW TO CONTRIBUTE TOWARD YOUR MEDICAL BILLS.
WHETHER OR NOT YOU RECEIVE ANY PAYMENTS FOR MEDICAL EXPENSES, AND WHETHER OR NOT THIS ORGANIZATION CONTINUES TO OPERATE, YOU SHALL BE PERSONALLY RESPONSIBLE FOR THE PAYMENT OF YOUR MEDICAL BILLS." 2.
A participant shall acknowledge receipt of the "Notice" by signing below the "Notice" on the application;
(e) Suggests amounts to give that are voluntary among the participants, with no assumption of risk or promise to pay either among the participants or between the participants and the organization.
(8) A public or private ambulance service licensed and regulated by the Cabinet for Health and Family Services to the extent that it solicits membership subscriptions, accepts membership applications, charges membership fees, and furnishes prepaid or discounted ambulance services to subscription members and designated members of their households.
(9) A direct primary care agreement established under KRS 311.6201, 311.6202, 314.198, and 314.199.
Show all 45 changed rows (5 more)
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Section 3.
This Act shall be known as the Model Act Concerning Interpretation of Kentucky Insurance Laws.
Section 4.
Whereas several areas of the American Law Institute's Restatement Page 3 of 4 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 418 of Law, Liability Insurance are inconsistent with well-established law and purport to address matters which are properly in the legislative prerogative, an emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming law.
Page 4 of 4 XXXX Jacketed
⬇ Download PDF
View plain text versions (2)

Action History

  1. delivered to Secretary of State (Acts ch. 86)

  2. enrolled, signed by President of the Senate

  3. enrolled, signed by Speaker of the House

  4. received in House

  5. bill passed 28-6

  6. veto overridden in Senate

  7. posted for passage for consideration of Governor's veto

  8. to Rules (S)

  9. received in Senate

  10. bill passed 58-33

  11. veto overridden in House

  12. posted for consideration of Governor's veto

  13. taken from Rules

  14. to Rules (H)

  15. veto message received in House

  16. Vetoed

  17. delivered to Governor

  18. enrolled, signed by President of the Senate

  19. enrolled, signed by Speaker of the House

  20. passed 66-16

  21. Conference Committee Report adopted in House

  22. posted for passage for consideration of Conference Committee Report

  23. to Rules (H)

  24. received in House

  25. passed 28-0

  26. Conference Committee Report adopted in Senate

  27. posted for passage for consideration of Conference Committee Report

  28. Conference Committee Report filed in House and Senate

  29. Conference Committee appointed in House

  30. Conference Committee appointed in Senate

  31. Senate refused to recede from Committee Substitute (1) and floor amendment (2)

  32. posted for passage for receding from Senate Committee Substitute (1) and floor amendment (2)

  33. to Rules (S)

  34. received in Senate

  35. House refused to concur in Senate Committee Substitute (1) and floor amendment (2)

  36. posted for passage for concurrence in Senate Committee Substitute (1) and floor amendment (2)

  37. to Rules (H)

  38. received in House

  39. passed 28-6 with Committee Substitute (1) and floor amendment (2)

  40. floor amendment (1) withdrawn

  41. 3rd reading

  42. passed over and retained in the Orders of the Day

  43. floor amendment (2) filed to Committee Substitute

  44. posted for passage in the Regular Orders of the Day for Wednesday, March 11, 2020

  45. 2nd reading, to Rules

  46. floor amendment (1) filed to Committee Substitute

  47. reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1)

  48. to Judiciary (S)

  49. received in Senate

  50. 3rd reading, passed 60-35 with Committee Substitute (1), floor amendment (1), and committee amendment (1-title)

  51. floor amendment (1) filed to Committee Substitute

  52. posted for passage in the Regular Orders of the Day for Tuesday, February 11, 2020

  53. 2nd reading, to Rules

  54. reported favorably, 1st reading, to Calendar with Committee Substitute (1) and committee amendment (1-title)

  55. posted in committee

  56. reassigned to Judiciary (H)

  57. to Banking & Insurance (H)

  58. introduced in House

  59. Prefiled by the sponsor(s).

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 0 co-sponsors · 138 not signed on · 10 voted No

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Veto Override

Passed 58 Yea · 33 Nay · 10 Other
Party YeaNayPresentNot Voting
Republican 30100
Unaffiliated 282609
Democrat 0601
Total 5833010
% of votes cast 57%33%0%10%
How each member voted (101)
Member Party Vote
Fischer — Yea
Rowland — Yea
Bechler — Yea
Frazier — Yea
Miller J — Yea
Bentley — Yea
Koenig — Yea
Santoro — Yea
Lee — Yea
Nemes — Yea
Sheldon — Yea
Goforth — Yea
Lewis D — Yea
Lewis S — Yea
Thomas — Yea
Brenda — Yea
Pratt — Yea
Massey — Yea
Prunty — Yea
Heath — Yea
Webber — Yea
DuPlessis — Yea
McCoy — Yea
Huff R — Yea
Rothenburger — Yea
Yates — Yea
Huff T — Yea
Meredith — Yea
Howard — Nay
Raymond — Nay
Stone — Nay
Booker — Nay
Glenn — Nay
Jenkins — Nay
Branham Clark — Nay
Graham — Nay
Schamore — Nay
Westrom — Nay
Brown G — Nay
Graviss — Nay
Meeks — Nay
Scott — Nay
Wheatley — Nay
Burch — Nay
Harris — Nay
Meyer — Nay
Sims — Nay
Wiederstein — Nay
Cantrell — Nay
Hatton — Nay
Minter — Nay
Donohue — Nay
Hinkle — Nay
Rand — Nay
Carney — Not Voting
Hoover — Not Voting
Miller C — Not Voting
Sorolis — Not Voting
Turner — Not Voting
Flood — Not Voting
Palumbo — Not Voting
Stewart — Not Voting
COMMONWEALTH OF KENTUCKY SENATE — Not Voting
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Nay
Lisa Willner Democrat Nay
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Tina Bojanowski Democrat Nay
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
Daniel Elliott Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Greg Elkins Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay

Official roll call →

PASS HB 150 FINAL PASSAGE not w/stand veto

Passed 28 Yea · 6 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 15404
Republican 13100
Democrat 0100
Total 28604
% of votes cast 74%16%0%11%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Buford — Yea
Harris — Yea
Nemes — Yea
Thayer — Yea
Carroll D — Yea
Hornback — Yea
Robinson — Yea
Westerfield — Yea
Castlen — Yea
Humphries — Yea
Schickel — Yea
Embry — Yea
Schroder — Yea
Meredith — Yea
McGarvey — Nay
Parrett — Nay
Turner — Nay
Thomas — Nay
Carroll J — Not Voting
Clark — Not Voting
Harper Angel — Not Voting
Kerr — Not Voting
Gerald A. Neal Democrat Nay
Brandon Smith Republican Yea
Christian McDaniel Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Nay
Stephen West Republican Yea

Official roll call →

PASS HB 150 W/ ccr FINAL PASSAGE

Passed 28 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 15008
Republican 13001
Democrat 0001
Total 280010
% of votes cast 74%0%0%26%
How each member voted (38)
Member Party Vote
Buford — Yea
Humphries — Yea
Robinson — Yea
Turner — Yea
Schickel — Yea
Carroll D — Yea
Meredith — Yea
Schroder — Yea
Westerfield — Yea
Harris — Yea
Nemes — Yea
Parrett — Yea
Thayer — Yea
Hornback — Yea
Thomas — Yea
Alvarado — Not Voting
Clark — Not Voting
Harper Angel — Not Voting
McGarvey — Not Voting
Carroll J — Not Voting
Embry — Not Voting
Kerr — Not Voting
Castlen — Not Voting
Gerald A. Neal Democrat Not Voting
Brandon Smith Republican Yea
Christian McDaniel Republican Yea
David P. Givens Republican Not Voting
Jared Carpenter Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Final Passage

Passed 66 Yea · 16 Nay · 19 Other
Party YeaNayPresentNot Voting
Unaffiliated 3610017
Republican 29101
Democrat 1501
Total 6616019
% of votes cast 65%16%0%19%
How each member voted (101)
Member Party Vote
Graviss — Nay
Sheldon — Yea
Booker — Nay
Miller J — Yea
Schamore — Yea
Bechler — Yea
Koenig — Yea
Bentley — Yea
Goforth — Yea
Lee — Yea
Nemes — Yea
Sims — Yea
Lewis D — Yea
Stone — Yea
Branham Clark — Yea
Lewis S — Yea
Harris — Yea
Pratt — Yea
Brenda — Yea
Massey — Yea
Prunty — Yea
Thomas — Yea
Heath — Yea
McCoy — Yea
DuPlessis — Yea
Howard — Yea
Rothenburger — Yea
Webber — Yea
Huff R — Yea
Meredith — Yea
Rowland — Yea
Huff T — Yea
Meyer — Yea
Wiederstein — Yea
Fischer — Yea
Santoro — Yea
Yates — Yea
Frazier — Yea
Graham — Nay
Hinkle — Nay
Minter — Nay
Jenkins — Nay
Wheatley — Nay
Cantrell — Nay
Hatton — Nay
Sorolis — Nay
Donohue — Not Voting
Rand — Not Voting
Stewart — Not Voting
Brown G — Not Voting
Flood — Not Voting
Meeks — Not Voting
Raymond — Not Voting
Turner — Not Voting
Burch — Not Voting
Glenn — Not Voting
Miller C — Not Voting
Scott — Not Voting
Westrom — Not Voting
Carney — Not Voting
Hoover — Not Voting
Palumbo — Not Voting
Commonwealth of Kentucky — Not Voting
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Yea
Lisa Willner Democrat Nay
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Tina Bojanowski Democrat Nay
Aaron Reed Republican Yea
Adam Bowling Republican Not Voting
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
Daniel Elliott Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Greg Elkins Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay

Official roll call →

PASS HB 150 W/ scs1, sfa2

Passed 28 Yea · 6 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 15503
Republican 13001
Democrat 0100
Total 28604
% of votes cast 74%16%0%11%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Harris — Yea
Thayer — Yea
Buford — Yea
Nemes — Yea
Hornback — Yea
Carroll D — Yea
Humphries — Yea
Robinson — Yea
Westerfield — Yea
Castlen — Yea
Kerr — Yea
Schickel — Yea
Schroder — Yea
Meredith — Yea
Harper Angel — Nay
Thomas — Nay
Turner — Nay
McGarvey — Nay
Parrett — Nay
Carroll J — Not Voting
Clark — Not Voting
Embry — Not Voting
Gerald A. Neal Democrat Nay
Brandon Smith Republican Not Voting
Christian McDaniel Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 60 Yea · 35 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 28001
Unaffiliated 322802
Democrat 0700
Total 603503
% of votes cast 61%36%0%3%
How each member voted (98)
Member Party Vote
Frazier — Yea
Rowland — Yea
Bechler — Yea
Koenig — Yea
Miller J — Yea
Bentley — Yea
Lee — Yea
Santoro — Yea
Goforth — Yea
Lewis D — Yea
Nemes — Yea
Schamore — Yea
Lewis S — Yea
Sheldon — Yea
Palumbo — Yea
Stewart — Yea
Brenda — Yea
Massey — Yea
Heath — Yea
Pratt — Yea
Thomas — Yea
McCoy — Yea
Prunty — Yea
DuPlessis — Yea
Huff R — Yea
Huff T — Yea
Meredith — Yea
Webber — Yea
Fischer — Yea
Meyer — Yea
Rothenburger — Yea
Yates — Yea
Flood — Nay
Hoover — Nay
Minter — Nay
Stone — Nay
Booker — Nay
Howard — Nay
Rand — Nay
Branham Clark — Nay
Glenn — Nay
Jenkins — Nay
Raymond — Nay
Turner — Nay
Brown G — Nay
Graham — Nay
Scott — Nay
Westrom — Nay
Burch — Nay
Graviss — Nay
Sims — Nay
Wheatley — Nay
Cantrell — Nay
Hatton — Nay
Meeks — Nay
Sorolis — Nay
Wiederstein — Nay
Donohue — Nay
Hinkle — Nay
Miller C — Nay
Carney — Not Voting
Harris — Not Voting
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Nay
Lisa Willner Democrat Nay
Mary Lou Marzian Democrat Nay
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Tina Bojanowski Democrat Nay
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
Daniel Elliott Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Greg Elkins Republican Not Voting
James Tipton Republican Yea
Jason Petrie Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Randy Bridges Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea

Official roll call →

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What is the current status of HB 150?
This bill has been enacted into law. Introduced December 09, 2019. Enacted.
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