Kentucky 2022 Regular Session Status: Enacted

HB 170 — AN ACT relating to civil proceedings and declaring an emergency.

Last action — signed by Governor (Acts Ch. 182)

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  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 10, 2021. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 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.

Summary

Create a new section of KRS 387.010 to 387.280 to establish a new procedure for legal settlements with a minor when the amount of the settlement is $25,000 or less; amend KRS 387.280 to conform.

Bill Text

What changed in the latest version

222 added · 305 removed

222 line(s) added, 305 removed.

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Latest
UNOFFICIAL COPY 22 RS HB 170/EN AN ACT relating to civil proceedings and declaring an emergency.
CHAPTER 182 1 CHAPTER 182 ( HB 170 ) AN ACT relating to civil proceedings and declaring an emergency.
Understands and acknowledges that he or she is obligated by law to deposit the settlement directly into a restricted savings or other restricted investment account, or purchase an annuity, as provided in Page 1 of 11 HB017020.100 - 825 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 170/EN subsection (3) of this section.
Understands and acknowledges that he or she is obligated by law to deposit the settlement directly into a restricted savings or other restricted investment account, or purchase an annuity, as provided in subsection (3) of this section.
or Page 2 of 11 HB017020.100 - 825 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 170/EN 2.
or 2.
and (c) If the minor is under the care, custody, and control of the Commonwealth, the Cabinet for Health and Family Services shall establish a restricted trust account, or subaccount of a trust account, that earns interest for the benefit of the minor, for the purpose of receiving moneys payable to the minor under the settlement agreement.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) If the minor is under the care, custody, and control of the Commonwealth, the Cabinet for Health and Family Services shall establish a restricted trust account, or subaccount of a trust account, that earns interest for the benefit of the minor, for the purpose of receiving moneys payable to the minor under the settlement agreement.
Page 3 of 11 HB017020.100 - 825 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 170/EN (a) Pursuant to court order;
(a) Pursuant to court order;
(1) When a[ minor or other] person under disability who has reached the age of eighteen (18), having no guardian or conservator, is entitled to receive a sum not Page 4 of 11 HB017020.100 - 825 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 170/EN exceeding ten thousand dollars ($10,000), exclusive of interest, in any action in which real estate has been sold, or in the settlement of any estate, or from any other source, the person having custody of the[ minor or other] person under disability may settle or compromise the dollar amount when in the interest of the [minor or other ]person under disability.
(1) When a[ minor or other] person under disability who has reached the age of eighteen (18), having no guardian or conservator, is entitled to receive a sum not exceeding ten thousand dollars ($10,000), exclusive of interest, in any action in which real estate has been sold, or in the settlement of any estate, or from any other source, the person having custody of the[ minor or other] person under disability may settle or compromise the dollar amount when in the interest of the [minor or other ]person under disability.
(3) When the order is made, no bond shall be required of the person having custody of the[ minor or other] person under disability.
CHAPTER 182 3 (3) When the order is made, no bond shall be required of the person having custody of the[ minor or other] person under disability.
(1) The court may exercise the powers of a limited guardian or limited conservator or may appoint an individual or agency to exercise such powers before or[if,] during the pendency of a proceeding for a determination of partial disability or disability or an appeal therefrom, if it appears that there is danger of serious impairment to the health or safety of the respondent or damage or dissipation to his property if Page 5 of 11 HB017020.100 - 825 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 170/EN immediate action is not taken.
(1) The court may exercise the powers of a limited guardian or limited conservator or may appoint an individual or agency to exercise such powers before or[if,] during the pendency of a proceeding for a determination of partial disability or disability or an appeal therefrom, if it appears that there is danger of serious impairment to the health or safety of the respondent or damage or dissipation to his property if immediate action is not taken.
(b) Notice of the time and place of the hearing shall be given not less than forty- eight (48) hours prior to the hearing to all persons named in the petition, the petitioner, and[ to] the Commonwealth unless waived in writing or on the Page 6 of 11 HB017020.100 - 825 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 170/EN record.
(b) Notice of the time and place of the hearing shall be given not less than forty-eight (48) hours prior to the hearing to all persons named in the petition, the petitioner, and[ to] the Commonwealth unless waived in writing or on the record.
(b) To fully understand the role of the cabinet and the role of other members of the child's professional team;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) To fully understand the role of the cabinet and the role of other members of the child's professional team;
(c) To receive information and training about foster parents' rights, responsibilities, and access to local and statewide support groups, including but not limited to the Kentucky Foster/Adoptive Care Association, the Kentucky Foster and Adoptive Parent Network, and Adoption Support of Page 7 of 11 HB017020.100 - 825 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 170/EN Kentucky;
(c) To receive information and training about foster parents' rights, responsibilities, and access to local and statewide support groups, including but not limited to the Kentucky Foster/Adoptive Care Association, the Kentucky Foster and Adoptive Parent Network, and Adoption Support of Kentucky;
(l) To communicate, with an appropriate release of information consistent with KRS 605.160, with other professionals who work directly with the foster child, including but not limited to teachers, therapists, and health care Page 8 of 11 HB017020.100 - 825 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 170/EN practitioners and to notify the cabinet within twenty-four (24) hours of the communication;
(l) To communicate, with an appropriate release of information consistent with KRS 605.160, with other professionals who work directly with the foster child, including but not limited to teachers, therapists, and health care practitioners and to notify the cabinet within twenty-four (24) hours of the communication;
This paragraph shall not be construed to require that a foster parent caring for the Page 9 of 11 HB017020.100 - 825 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 170/EN child be made a party to a proceeding solely on the basis of the notice and rights to attend and be heard.
This paragraph shall not be construed to require that a foster parent caring for the child be made a party to a proceeding solely on the basis of the notice and rights to attend and be heard.
(2) The responsibilities of foster parents shall include but not be limited to the following:
CHAPTER 182 5 (2) The responsibilities of foster parents shall include but not be limited to the following:
Whereas it is critically important in uncertain times that minors receive settlement funds due them without unnecessary delay, an emergency is declared Page 10 of 11 HB017020.100 - 825 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 170/EN to exist and Sections 1 to 3 of this Act take effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
Whereas it is critically important in uncertain times that minors receive settlement funds due them without unnecessary delay, an emergency is declared to exist and Sections 1 to 3 of this Act take effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
Page 11 of 11 HB017020.100 - 825 - XXXX Engrossed
Signed by Governor April 8, 2022.
Legislative Research Commission PDF Version
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Action History

  1. signed by Governor (Acts Ch. 182)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. passed 94-0

  6. Free Conference Committee report adopted in House

  7. posted for passage for consideration of Free Conference Report

  8. to Rules (H)

  9. received in House

  10. passed 32-0

  11. Free Conference Committee report adopted in Senate

  12. posted for passage for consideration of Free Conference Free Conference Committee Report (1)

  13. Free Conference Committee report filed in House and Senate

  14. Free Conference Committee appointed in House and Senate

  15. Conference Committee report adopted in House and Senate

  16. Conference Committee report (1) filed in House and Senate

  17. Conference Committee appointed in House and Senate

  18. Senate refused to recede from Committee Substitute (1)

  19. posted for passage for receding from Senate Committee Substitute (1)

  20. to Rules (S)

  21. received in Senate

  22. House refused to concur in Senate Committee Substitute (1)

  23. posted for passage for concurrence in Senate Committee Substitute (1)

  24. to Rules (H)

  25. received in House

  26. 3rd reading, passed 34-0 with Committee Substitute (1)

  27. posted for passage in the Consent Orders of the Day for Friday, March 25, 2022

  28. 2nd reading, to Rules as a consent bill

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

  30. to Banking & Insurance (S)

  31. to Committee on Committees (S)

  32. received in Senate

  33. 3rd reading, passed 95-0 with Committee Substitute (1) and Floor Amendment (2)

  34. floor amendment (2) filed to Committee Substitute

  35. posted for passage in the Regular Orders of the Day for Friday, February 18, 2022

  36. 2nd reading, to Rules

  37. floor amendment (1) filed to Committee Substitute

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

  39. to Banking & Insurance (H)

  40. to Committee on Committees (H)

  41. introduced in House

  42. Prefiled by the sponsor(s).

Sponsors

  • J. Fischer · Primary
  • C. Massey · Primary

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 136 not signed on

Sponsors (2)

  • J. Fischer
  • C. Massey

Co-sponsors (0)

None.

Not signed on (136)

136 members have not signed on to this bill.

Show all 136 →

"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

FINAL PASSAGE HB 170 w/ fccr1

Passed 32 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 15002
Democrat 2000
Republican 15002
Total 32004
% of votes cast 89%0%0%11%
How each member voted (36)
Member Party Vote
Alvarado — Yea
Hornback — Yea
Parrett — Yea
Thomas — Yea
Turner — Yea
Schroder — Yea
McGarvey — Yea
Smith — Yea
Westerfield — Yea
Meredith — Yea
Southworth — Yea
Nemes — Yea
Thayer — Yea
Yates — Yea
Castlen — Not Voting
Schickel — Not Voting
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Jared Carpenter Republican Yea
Jason Howell 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 Not Voting
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Not Voting
Stephen West Republican Yea

Official roll call →

Final Passage

Passed 94 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 52001
Democrat 7002
Total 94005
% of votes cast 95%0%0%5%
How each member voted (99)
Member Party Vote
Smith — Yea
DuPlessis — Yea
Santoro — Yea
Jenkins — Yea
Scott — Yea
Bechler — Yea
Fischer — Yea
Bentley — Yea
Minter — Yea
Sheldon — Yea
Nemes — Yea
Koenig — Yea
Palumbo — Yea
Thomas — Yea
Timoney — Yea
Pratt — Yea
Graham — Yea
Prunty — Yea
Cantrell — Yea
Massey — Yea
Raymond — Yea
Webber — Yea
Hatton — Yea
Dixon — Yea
Heath — Yea
McCoy — Yea
Westrom — Yea
Donohue — Yea
Wheatley — Yea
Rowland — Yea
Meredith — Yea
Burch — Not Voting
Huff R — Not Voting
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Not Voting
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS HB 170 w/ scs1

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democrat 2000
Republican 16000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
Alvarado — Yea
Hornback — Yea
Schickel — Yea
Turner — Yea
Schroder — Yea
McGarvey — Yea
Smith — Yea
Meredith — Yea
Southworth — Yea
Westerfield — Yea
Nemes — Yea
Thayer — Yea
Parrett — Yea
Thomas — Yea
Yates — Yea
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas 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 95 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 52001
Democrat 6003
Unaffiliated 37001
Total 95005
% of votes cast 95%0%0%5%
How each member voted (100)
Member Party Vote
DuPlessis — Yea
Rowland — Yea
Bechler — Yea
Meredith — Yea
Bentley — Yea
Fischer — Yea
Santoro — Yea
Jenkins — Yea
Scott — Yea
Minter — Yea
Sheldon — Yea
Flood — Yea
Smith — Yea
Nemes — Yea
Koenig — Yea
Palumbo — Yea
Thomas — Yea
Timoney — Yea
Burch — Yea
Graham — Yea
Pratt — Yea
Cantrell — Yea
Prunty — Yea
Webber — Yea
Dixon — Yea
Hatton — Yea
Massey — Yea
Raymond — Yea
Donohue — Yea
Heath — Yea
Wheatley — Yea
McCoy — Yea
Westrom — Not Voting
Huff R — Yea
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Not Voting
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Not Voting
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

civil-rights
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 does HB 170 do?
Create a new section of KRS 387.010 to 387.280 to establish a new procedure for legal settlements with a minor when the amount of the settlement is $25,000 or less; amend KRS 387.280 to conform.
Who sponsors HB 170?
HB 170 is sponsored by J. Fischer and C. Massey.
What is the current status of HB 170?
This bill has been enacted into law. Introduced December 10, 2021. Enacted.
Where can I track HB 170?
Track HB 170 free on One Click Politics — get push/email alerts when it moves.

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