HB 83 — AN ACT relating to interests in property.

UNOFFICIALCHAPTER COPY177 231 RSCHAPTER 177 ( HB 83/EN83 ) AN ACT relating to interests in property.

and Page 1 of 13 HB008320.100 - 273 - XXXX 3/30/2023 10:11 AM Engrossed UNOFFICIAL COPY 23 RS HB 83/EN (c)[(d)] The judgment creditor, or the judgment creditor's[his] counsel, shall certify on the notice of judgment lien that a copy thereof has been mailed to the judgment debtor in compliance with paragraph (b)[(c)] of this subsection.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY i.

Page 2 of 13 HB008320.100 - 273 - XXXX 3/30/2023 10:11 AM Engrossed UNOFFICIAL COPY 23 RS HB 83/EN 2.

The judgment creditor or the judgment creditor's counsel sends a copy of the notice of the judgment lien renewal filed under this Page 3 of 13 HB008320.100 - 273 - XXXX 3/30/2023 10:11 AM Engrossed UNOFFICIAL COPY 23 RS HB 83/EN paragraph to the last known address of the judgment debtor or the judgment debtor's attorney of record, by regular first class mail, postage prepaid, or by personal delivery to the judgment debtor.

CHAPTER 177 3 (2) By January 1, 2024[June 30, 2023], all county clerks shall provide and maintain Page 4 of 13 HB008320.100 - 273 - XXXX 3/30/2023 10:11 AM Engrossed UNOFFICIAL COPY 23 RS HB 83/EN the portal that allows a person to electronically file any recorded instrument.

Page 5 of 13 HB008320.100 - 273 - XXXX 3/30/2023 10:11 AM Engrossed UNOFFICIAL COPY 23 RS HB 83/EN (b) By June 30, 2026, each county clerk shall provide and maintain a portal that contains the following recorded instruments filed on or after June 30, 1966, but before June 30, 1994:

and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 11.

(5) A county clerk may redact Social Security numbers from electronic copies of recorded instruments and other personal information from recorded instruments Page 6 of 13 HB008320.100 - 273 - XXXX 3/30/2023 10:11 AM Engrossed UNOFFICIAL COPY 23 RS HB 83/EN upon request from a law enforcement agency or judicial officer.

and Page 7 of 13 HB008320.100 - 273 - XXXX 3/30/2023 10:11 AM Engrossed UNOFFICIAL COPY 23 RS HB 83/EN 2.

Pending the entry of a final order and expiration of the CHAPTER 177 5 time for an appeal therefrom, neither the fiduciary nor the owner of any vested interest shall make any conveyance or mortgage of the real estate and any attempt to do so shall be voidable by the court until:

Page 8 of 13 HB008320.100 - 273 - XXXX 3/30/2023 10:11 AM Engrossed UNOFFICIAL COPY 23 RS HB 83/EN (5) No proceedings under this section shall be conducted by or before a commissioner of the District Court.

(d) The lien shall not be for a greater amount in the aggregate than the contract price of the original contractor, and should the aggregate amount of the liens exceed the price agreed upon between the original contractor and the owner there shall be a pro rata distribution of the original contract price among the Page 9 of 13 HB008320.100 - 273 - XXXX 3/30/2023 10:11 AM Engrossed UNOFFICIAL COPY 23 RS HB 83/EN lienholders.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (4) (a) A[No] person who has not contracted directly with the owner, the owner's[ or Page 10 of 13 HB008320.100 - 273 - XXXX 3/30/2023 10:11 AM Engrossed UNOFFICIAL COPY 23 RS HB 83/EN his] agent, or the lessee, if applicable, shall not acquire a lien under this section unless he or she notifies, in writing, the owner of the property to be held liable, the owner's[or his] authorized agent, or the lessee, if applicable, within seventy-five (75) days on claims amounting to less than one thousand dollars ($1,000) and one hundred twenty (120) days on claims in excess of one thousand dollars ($1,000) after the last item of material or labor is furnished, of his or her intention to hold the property liable and the amount for which he or she will claim a lien;

(c) The[This] notice under this subsection is in lieu of the notice provided for in Page 11 of 13 HB008320.100 - 273 - XXXX 3/30/2023 10:11 AM Engrossed UNOFFICIAL COPY 23 RS HB 83/EN subsection (4) of this section[(3)].

(d) Notwithstanding the foregoing provisions of this subsection, the lien provided for under this section shall not be applicable to the extent that an owner-owner-occupant occupant of a single or double family dwelling, or owner of other property as described in this subsection has, prior to receipt of the notice provided for in this subsection, paid the contractor, subcontractor, architect, or authorized agent for work performed or materials furnished prior to such payment.

The lien for rental equipment or machinery shall not be more than the Page 12 of 13 HB008320.100 - 273 - XXXX 3/30/2023 10:11 AM Engrossed UNOFFICIAL COPY 23 RS HB 83/EN aggregate sum of six (6) months' rental, and the aggregate amount of such rental shall not exceed sixty percent (60%) of the agreed value of the machinery or equipment;

No waiver of defense clause in any retail installment contract shall operate to cut off any defense that an owner-occupantowner- occupant of a single or double family dwelling or the appurtenances or additions thereto may have acquired by virtue of a third party materialmen's lien under KRS 376.010[(4)].

CHAPTER 177 7 Section 6.

PageSigned 13by ofGovernor 13April HB008320.1006, -2023. 273 - XXXX 3/30/2023 10:11 AM Engrossed

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