Kentucky 2023 Regular Session Status: Enacted

HB 393 — AN ACT relating to governmental transactions.

Last action — signed by Governor (Acts Ch. 63)

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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 February 21, 2023. 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 3 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

Amend KRS 45A.490, 45A.492, and 45A.494 to change subject entities from public agencies to governmental bodies as defined in KRS 45A.030; amend KRS 82.083 to allow a city to sell or dispose of items without value; increase the limit from $5,000 to $10,000 at which a city may sell property for its appraised fair market value; and allow a city to give animals owned by a city that are no longer of use to the city to their handlers or trainers without compensation; create a new section of KRS Chapter 82 to list a number of circumstances where a city, urban-county, or consolidated local government is not required to engage in a competitive bidding process during procurement of goods or services, such as when only one provider of a good or service exists in a reasonable area, the product is a replacement part, or the product or service is provided by a qualifying nonprofit or vocational rehabilitation service; amend KRS 424.260 to recognize this new exception.

Bill Text

What changed in the latest version

215 added · 289 removed

215 line(s) added, 289 removed.

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UNOFFICIAL COPY 23 RS HB 393/EN AN ACT relating to governmental transactions.
CHAPTER 63 1 CHAPTER 63 ( HB 393 ) AN ACT relating to governmental transactions.
and (b) Has for one (1) year prior to and through the date of the advertisement, filed Page 1 of 10 HB039320.100 - 1493 - XXXX 3/16/2023 11:13 AM Engrossed UNOFFICIAL COPY 23 RS HB 393/EN Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect.
and (b) Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect.
(a) An individual or organization not affiliated with the city or its officers or employees, using a generally accepted national or professional standard;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) An individual or organization not affiliated with the city or its officers or employees, using a generally accepted national or professional standard;
Page 2 of 10 HB039320.100 - 1493 - XXXX 3/16/2023 11:13 AM Engrossed UNOFFICIAL COPY 23 RS HB 393/EN (2) A city may sell or otherwise dispose of any of its real or personal property.
(2) A city may sell or otherwise dispose of any of its real or personal property.
Property sold under this paragraph may not be sold to a city officer or employee or family member of a city officer or Page 3 of 10 HB039320.100 - 1493 - XXXX 3/16/2023 11:13 AM Engrossed UNOFFICIAL COPY 23 RS HB 393/EN employee as defined in the city's ethics ordinance adopted under KRS 65.003;
Property sold under this paragraph may not be sold to a city officer or employee or family member of a city officer or employee as defined in the city's ethics ordinance adopted under KRS 65.003;
(c) Equipment;
CHAPTER 63 3 (c) Equipment;
or Page 4 of 10 HB039320.100 - 1493 - XXXX 3/16/2023 11:13 AM Engrossed UNOFFICIAL COPY 23 RS HB 393/EN (d) Contractual services other than professional;
or (d) Contractual services other than professional;
In the event that all bids are rejected, Page 5 of 10 HB039320.100 - 1493 - XXXX 3/16/2023 11:13 AM Engrossed UNOFFICIAL COPY 23 RS HB 393/EN the district may again avail itself of the provisions of paragraph (a) of this subsection.
In the event that all bids are rejected, the district may again avail itself of the provisions of paragraph (a) of this subsection.
(6) Subsection (1) of this section shall not apply to purchases for products or services made pursuant to Section 6 of this Act.
(6) Subsection (1) of this section shall not apply to purchases for products or services made pursuant to Section of this Act.
KRS 45A.345 to 45A.460 and 424.260 shall not apply to city governments, urban- county governments, or consolidated local governments for the purchase of:
KRS 45A.345 to 45A.460 and 424.260 shall not apply to city governments, urban-county governments, or consolidated local governments for the purchase of:
(a) Entities recognized by the Office of Vocational Rehabilitation under KRS Chapter 163 that operate programs for the rehabilitation of individuals who Page 6 of 10 HB039320.100 - 1493 - XXXX 3/16/2023 11:13 AM Engrossed UNOFFICIAL COPY 23 RS HB 393/EN are blind or visually impaired;
(a) Entities recognized by the Office of Vocational Rehabilitation under KRS Chapter 163 that operate programs for the rehabilitation of individuals who are blind or visually impaired;
(d) Nonprofit organizations, employment services organizations, or other private business organizations with established operations within the jurisdiction of the city, urban-county government, or consolidated local government with the main mission or business purpose of serving individuals with disabilities by offering transitional or supported employment services or other rehabilitative programs and services, including but not limited to serving individuals with severe mental or physical disabilities or those recovering from substance abuse disorders;
(d) Nonprofit organizations, employment services organizations, or other private business organizations with established operations within the jurisdiction of the city, urban-county government, or consolidated local government with the main mission or business purpose of serving individuals with disabilities by offering transitional or supported employment services or other rehabilitative Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY programs and services, including but not limited to serving individuals with severe mental or physical disabilities or those recovering from substance abuse disorders;
or (e) Nonprofit community service organizations operating within the jurisdiction of the city, urban-county government, or consolidated local government when there is a determination in the official record of the legislative body that the purchase of the products or services would serve a mutual benefit to the government and the organization by:
or (e) Nonprofit community service organizations operating within the jurisdiction of the city, urban- county government, or consolidated local government when there is a determination in the official record of the legislative body that the purchase of the products or services would serve a mutual benefit to the government and the organization by:
Page 7 of 10 HB039320.100 - 1493 - XXXX 3/16/2023 11:13 AM Engrossed UNOFFICIAL COPY 23 RS HB 393/EN Section 7.
Section 7.
Any bonds, leases, participations, or other financial arrangements shall not involve a final commitment of the board until the purchaser or lender involved shall have Page 8 of 10 HB039320.100 - 1493 - XXXX 3/16/2023 11:13 AM Engrossed UNOFFICIAL COPY 23 RS HB 393/EN been determined by public advertising in accordance with KRS Chapter 424.
Any bonds, leases, participations, or other financial arrangements shall not involve a final commitment of the board until the purchaser or lender involved shall have been determined by public advertising in accordance with KRS Chapter 424.
If a board fails to make a rental payment when due under a lease, upon notification to the Department of Education by the paying agent, bond registrar, or trustee for the bonds not less than three (3) days prior to the interest due date, the Department of Education shall withhold or intercept any funds then due the board to the extent of the amount of the required payment on the bonds and remit the amount to the paying agent, bond registrar, or trustee as appropriate.
If a board fails to make a rental payment when due under a lease, upon notification to the Department of Education by the paying agent, bond registrar, or trustee for the bonds not less than three (3) days prior to the interest due date, the Department of Education shall withhold or intercept any funds then due the board to the extent of the CHAPTER 63 5 amount of the required payment on the bonds and remit the amount to the paying agent, bond registrar, or trustee as appropriate.
Thereafter, the Department of Education shall resolve the matter with the board and adjust remittances to the Page 9 of 10 HB039320.100 - 1493 - XXXX 3/16/2023 11:13 AM Engrossed UNOFFICIAL COPY 23 RS HB 393/EN board to the extent of the amount paid by the Department of Education on the board's behalf.
Thereafter, the Department of Education shall resolve the matter with the board and adjust remittances to the board to the extent of the amount paid by the Department of Education on the board's behalf.
Page 10 of 10 HB039320.100 - 1493 - XXXX 3/16/2023 11:13 AM Engrossed
Signed by Governor March 22, 2023.
Legislative Research Commission PDF Version
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How this bill changes current law

7 changes Share ↗

Compared against the Kentucky Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill modifies definitions and provisions related to the procurement process for governmental contracts, emphasizing the preference for resident bidders and changing terminology from 'public agency' to 'governmental body'.

  • KRS 45A.490

    public agency → governmental body

    This change updates the term used to refer to entities engaged in contracts from 'public agency' to 'governmental body'.

  • KRS 45A.490

    [public agency]

    This removal simplifies the definition by eliminating an old reference.

  • KRS 45A.030

    Public agency has the same meaning as in KRS 61.805. → Governmental body has the same meaning as in KRS 45A.030.

    This change clarifies the definition of 'governmental body' instead of referencing 'public agency'.

  • KRS 45A.492

    public agencies → governmental bodies

    This change aligns the terminology throughout the statute, replacing 'public agencies' with 'governmental bodies'.

  • KRS 45A.494

    public agency → governmental body

    This change updates the terminology in the section regarding bidding preferences.

  • KRS 45A.494

    [public agencies]

    This removal continues the trend of replacing 'public agencies' with 'governmental bodies' for clarity.

  • KRS 45A.494

    give or require a preference to bidders from that state. → give to or require a preference for their own resident bidders.

    This alters the phrasing to make the preference requirements clearer.

Action History

  1. signed by Governor (Acts Ch. 63)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. passed 90-0

  6. House concurred in Senate Committee Substitute (1) and Committee Amendment (1-title)

  7. posted for passage for concurrence in Senate Committee Substitute (1) and Committee Amendment (1-title)

  8. taken from Rules

  9. to Rules (H)

  10. received in House

  11. 3rd reading, passed 36-0 with Committee Substitute (1) and Committee Amendment (1-title)

  12. posted for passage in the Consent Orders of the Day for Tuesday, March 14, 2023

  13. reported favorably, 2nd reading, to Rules with Committee Substitute (1) and Committee Amendment (1-title) as a consent bill

  14. returned to State & Local Government (S)

  15. 1st reading

  16. taken from State & Local Government (S)

  17. to State & Local Government (S)

  18. to Committee on Committees (S)

  19. received in Senate

  20. 3rd reading, passed 97-0

  21. posted for passage in the Regular Orders of the Day for Friday, March 03, 2023

  22. 2nd reading, to Rules

  23. reported favorably, 1st reading, to Calendar

  24. to Local Government (H)

  25. to Committee on Committees (H)

  26. introduced in House

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on

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

Final Passage

Passed 90 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Republican 60006
Unaffiliated 18002
Democrat 12002
Total 900010
% of votes cast 90%0%0%10%
How each member voted (100)
Member Party Vote
Dixon — Yea
Meredith — Yea
Smith — Yea
Bentley — Yea
Nemes — Yea
Palumbo — Yea
Justice — Yea
Swann — Yea
Pratt — Yea
Thomas — Yea
Webber — Yea
Graham — Yea
Raymond — Yea
Williams — Yea
Wilson — Yea
Heath — Yea
Bratcher S. — Not Voting
Timoney — Not Voting
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Not Voting
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Not Voting
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Not Voting
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni 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
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Not Voting
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Not Voting
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Not Voting
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Not Voting
William Lawrence Republican Yea

Official roll call →

PASS HB 393 w/ scs1 scta1

Passed 36 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 2000
Unaffiliated 14000
Republican 20001
Total 36001
% of votes cast 97%0%0%3%
How each member voted (37)
Member Party Vote
Turner — Yea
Schickel — Yea
Smith — Yea
ChambersArmstrong — Yea
Southworth — Yea
Westerfield — Yea
Meredith — Yea
Williams — Yea
Thayer — Yea
Wilson — Yea
Thomas — Yea
Nemes — Yea
Yates — Yea
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Not Voting
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 97 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 13001
Republican 65001
Unaffiliated 19001
Total 97003
% of votes cast 97%0%0%3%
How each member voted (100)
Member Party Vote
Meredith — Yea
Dixon — Yea
Smith — Yea
Bentley — Yea
Nemes — Yea
Swann — Yea
Justice — Yea
Palumbo — Yea
Thomas — Yea
Timoney — Yea
Pratt — Yea
Bratcher S. — Yea
Webber — Yea
Raymond — Yea
Graham — Yea
Williams — Yea
Wilson — Yea
Heath — Not Voting
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Not Voting
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni 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
Emily Callaway Republican Yea
Felicia Rabourn Republican Not Voting
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
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
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten 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

transportation
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 393 do?
Amend KRS 45A.490, 45A.492, and 45A.494 to change subject entities from public agencies to governmental bodies as defined in KRS 45A.030; amend KRS 82.083 to allow a city to sell or dispose of items without value; increase the limit from $5,000 to $10,000 at which a city may sell property for its appraised fair market value; and allow a city to give animals owned by a city that are no longer of use to the city to their handlers or trainers without compensation; create a new section of KRS Chapter 82 to list a number of circumstances where a city, urban-county, or consolidated local government is not required to engage in a competitive bidding process during procurement of goods or services, such as when only one provider of a good or service exists in a reasonable area, the product is a replacement part, or the product or service is provided by a qualifying nonprofit or vocational rehabilitation service; amend KRS 424.260 to recognize this new exception.
What is the current status of HB 393?
This bill has been enacted into law. Introduced February 21, 2023. Enacted.
Where can I track HB 393?
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