AN ACT relating to victims of crime.
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SB 319 — AN ACT relating to victims of crime.
Last action — signed by Governor (Acts Ch. 67)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 27, 2024. Enacted.
Signed by Governor Andy Beshear (Democratic) on April 04, 2024.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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4 sponsors
4 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 2 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 49.280 to expand definitions relating to crime victims compensation; amend KRS 49.300 to specify duties of the Crime Victims Compensation Board; amend KRS 49.310 to allow family members and caregivers of a victim to file claims; amend KRS 49.330 to increase access for victims to file claims; amend KRS 49.340 to limit the time for an investigation; amend KRS 49.350 to allow a claim in default to be revived; amend KRS 49.360 to increase the allowable amount of emergency awards; amend KRS 49.370 to raise award limits and expand the types of claims eligible for payment; amend KRS 49.390 to remove the requirement of financial hardship for the victim; amend KRS 49.400 to limit the penalty to the intentional filing of false information; amend KRS 216B.400 to increase the medical services eligible for reimbursement, amend KRS 216B.990 to require an online portal for reporting violations of KRS 216B.400 to aid in penalty enforcement; amend KRS 49.380 to conform; make technical corrections.
Bill Text
What changed in the latest version
442 added · 597 removed442 line(s) added, 597 removed.
UNOFFICIALCHAPTER COPY67 241 RSCHAPTER 67 ( SB 319/GA319 ) AN ACT relating to victims of crime.
(b) Any person related to the[such] person within the second[third] degree of Page 1 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA consanguinity;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) [To ]Promulgate, amend, and repeal suitable administrative regulations to carry out the provisions and purposes of KRS 49.270 to 49.490, including administrative regulations for the approval of attorney's fees for representation before the board or upon judicial review;
Page 2 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA (2) [To ]Hear and determine all matters relating to claims for compensation, and the power to reinvestigate or reopen claims without regard to statutes of limitations;
Each annual[such] report shall set forth a complete Page 3 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA operating and financial statement covering its operations during the year[.];
and Page 4 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA (e) Any person acting as the primary caregiver for a victim of criminally injurious conduct.
However, the Crime Victims Compensation Board may award compensation to a victim or dependent who is a relative, CHAPTER 67 3 family, or household member of the offender only if the board can reasonably determine the offender will not receive significant economic benefit or unjust enrichment from the compensation.
Page 5 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA (3)[(4)] Upon filing of a claim pursuant to KRS 49.270 to 49.490, the board shall promptly notify the United States attorney, [(]if a federal offense is involved[)], the Commonwealth's attorney or county attorney of the county wherein the crime is alleged to have occurred.[ If, within ten (10) days after such notification, such United States attorney, Commonwealth's attorney, or county attorney advises the board that a criminal prosecution is pending upon the same alleged crime and requests that action by the board be deferred, the board shall defer all proceedings under KRS 49.270 to 49.490 until such time as such criminal prosecution has been concluded, and shall so notify such United States attorney, Commonwealth's or county attorney, and the claimant.
On or after July 1, 2026, the investigator's report shall be completed within Page 6 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA ninety (90) days of the assignment of the claim.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (5)[(6)] Upon completion of the investigator's report, the claim shall be assigned to a board member who may decide the claim in favor of a claimant in the amount claimed on the basis of the papers filed in support thereof and the report of the investigation of the claim within thirty (30) days of the assignment of the claim.
(6)[(7)] The hearing shall be conducted in accordance with KRS Chapter 13B and may be held at any location within the Commonwealth, with a view to securing opportunity for crime victims to appear before it with as little inconvenience and Page 7 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA expense as practicable.
(1) Notwithstanding the provisions of KRS 49.340, if it appears to the Crime Victims Page 8 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA Compensation Board member to whom a claim is assigned, prior to taking action upon the[such] claim, that:
and CHAPTER 67 5 (c) Police or court records show that such crime was promptly reported to the proper authorities;
and in no case may an award be made where the police or Page 9 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA court records show that such report was made more than forty-eight (48) hours after the occurrence of such crime unless the board, for good cause shown, finds the delay to have been justified].
Page 10 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA (d) Reimbursement for the replacement of items owned by the victim and for any child who is the victim's dependent that were seized by law enforcement as evidence of the commission of the crime, not to exceed five hundred dollars ($500) per item;
Page 11 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA (3)[(4)] Any award made for loss of earnings or financial support may be considered for a claimant who has loss of support or wages due to the crime for which the claim is filed.
Said Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY employment or support shall be verified by the staff of the board after information is provided by the claimant or victim.
(7) An award may be made for a claim filed more than ten (10) years after the criminally injurious conduct, due to a delay in the testing of or DNA profile matching from a sexual assault forensic examination kit or biological material collected as evidence related to a sexual offense, in which case the victim may Page 12 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA collect a lump sum in the amount of five thousand dollars ($5,000) to cover the victim's out-of-pocket expenses incurred due to the crime which may not be provable due to the delay.
however, Page 13 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA the board or board member may disregard for this purpose the responsibility of the claimant or the victim for the victim's injury where the record shows that such responsibility was attributable to efforts by the claimant or victim to prevent a crime or an attempted crime from occurrence in his or her presence or to apprehend a person who had committed a crime in his or her presence or had in fact committed a felony.
In determining CHAPTER 67 7 such serious financial hardship, the board or board member shall consider all of the financial resources of the claimant.
(1) Where a person has been determined to be in need of emergency care by any person with admitting authority, the[no such] person shall not be denied admission by Page 14 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA reason only of his or her inability to pay for services to be rendered by the hospital.
Page 15 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA (5) Each victim shall be informed of available services for treatment of sexually transmitted infections, pregnancy, and other medical and psychiatric problems.
Reimbursement shall be made to an out-of-state nurse who is credentialed in the other state to Pageprovide 16sexual ofassault 20Legislative SB031910.100Research -Commission 135PDF -Version XXXXACTS 3/12/2024OF 3:40THE PMGENERAL GAASSEMBLY UNOFFICIAL COPY 24 RS SB 319/GA provide sexual assault examinations, an out-of-state hospital, or an out-of-out-of-state state physician if the sexual assault occurred in Kentucky.
Page 17 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA (c) 1.
Page 18 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA (2) Any person who, in willful violation of this chapter, acquires major medical equipment, establishes a health facility, or obligates a capital expenditure without first obtaining a certificate of need, or after the applicable certificate of need has been withdrawn, shall be fined one percent (1%) of the capital expenditure involved but not less than five hundred dollars ($500) for each violation.
CHAPTER 67 9 (4) Any health facility which willfully violates KRS 216B.250 shall be fined one hundred dollars ($100) per day for failure to post required notices and one hundred dollars ($100) per instance for willfully failing to provide an itemized statement within the required time frames.
In addition, any violation of any provision of this chapter regarding abortion facilities or any administrative regulation related thereto by intent, fraud, deceit, unlawful design, willful and deliberate misrepresentation, or by careless, negligent, or incautious disregard for the statute or administrative Page 19 of 20 SB031910.100 - 135 - XXXX 3/12/2024 3:40 PM GA UNOFFICIAL COPY 24 RS SB 319/GA regulation, either by persons acting individually or in concert with others, shall constitute a violation and shall be punishable by a fine not to exceed one thousand dollars ($1,000) for each offense.
PageSigned 20by ofGovernor 20April SB031910.1004, -2024. 135 - XXXX 3/12/2024 3:40 PM GA
Legislative Research Commission PDF Version
Compared against the Kentucky Revised Statutes as published AI-generated reading aid — verify against the official bill.
The bill amends definitions related to victims of crime and enhances the powers and duties of the Crime Victims Compensation Board in Kentucky.
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KRS 49.280
[, unless the context otherwise requires]Removes a qualifier for the definitions section.
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KRS 49.280
needyEliminates the term 'needy' from the definition of 'victim'.
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KRS 49.280
within the second[third] degree of→ within the second degree ofClarifies the degree of consanguinity when defining 'family'.
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KRS 49.300
shall have the following powers and duties→ has the power and duty toSimplifies the language regarding the powers and duties of the Crime Victims Compensation Board.
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KRS 49.310
subsections (2)[ and (3)]→ subsection (2)Removes reference to subsection (3), which is being repealed.
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KRS 49.310
[spouse, parent, or child]Removes specific familial relationships from the definition of a surviving family member.
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KRS 49.310
[and]Removes 'and' to improve list formatting.
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KRS 49.340
[Only printed claim forms supplied by the board shall be accepted.]Eliminates the requirement for printed claim forms, allowing more flexibility in submissions.
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KRS 49.340
(3)[(4)]→ (4)Renumbers a section for clarity after a previous amendment.
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KRS 49.310
No compensation of any kind shall be awarded when injury occurred while the victim was confined in any state, county, urban-county, or city jail, prison, or other correctional facility, or any state institution maintained and operated by the Cabinet for Health and Family Services.Repeals a provision that denied compensation for injuries occurring while victims were incarcerated.
Action History
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signed by Governor (Acts Ch. 67)
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delivered to Governor
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enrolled, signed by Speaker of the House
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enrolled, signed by President of the Senate
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received in Senate
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3rd reading, passed 92-0
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posted for passage in the Regular Orders of the Day for Monday, March 25, 2024
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2nd reading, to Rules
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reported favorably, 1st reading, to Calendar
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to Judiciary (H)
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to Committee on Committees (H)
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received in House
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3rd reading, passed 38-0
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posted for passage in the Regular Orders of the Day for Tuesday, March 12, 2024
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2nd reading, to Rules as a consent bill
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reported favorably, 1st reading, to Consent Calendar
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reassigned to Judiciary (S)
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to State & Local Government (S)
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to Committee on Committees (S)
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introduced in Senate
Sponsors
- W. Westerfield · Primary
- Gerald A. Neal · Primary
- D. Yates · Primary
- Harper Angel · Primary
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 0 co-sponsors · 134 not signed on
Sponsors (4)
- W. Westerfield
- Gerald A. Neal Democrat
- D. Yates
- Harper Angel
Co-sponsors (0)
None.
Not signed on (134)
134 members have not signed on to this bill.
Show all 134 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 14 | 0 | 0 | 1 |
| Republican | 66 | 0 | 0 | 7 |
| Unaffiliated | 12 | 0 | 0 | 0 |
| Total | 92 | 0 | 0 | 8 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Heath | — | Yea |
| Dixon | — | Yea |
| Bentley | — | Yea |
| Palumbo | — | Yea |
| Timoney | — | Yea |
| Justice | — | Yea |
| Pratt | — | Yea |
| Gilbert | — | Yea |
| Raymond | — | Yea |
| Graham | — | Yea |
| Bratcher K. | — | Yea |
| Stevenson C | — | Yea |
| Adrielle Camuel | Democrat | Yea |
| Al Gentry | Democrat | Yea |
| Ashley Tackett Laferty | Democrat | Yea |
| Beverly Chester-Burton | Democrat | Not Voting |
| 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 | Yea |
| Rachel Roarx | Democrat | Yea |
| Sarah Stalker | Democrat | Yea |
| Tina Bojanowski | Democrat | Yea |
| Adam Bowling | Republican | Yea |
| Amy Neighbors | Republican | Yea |
| Bill Wesley | Republican | Yea |
| Bobby McCool | Republican | Not Voting |
| Candy Massaroni | Republican | Yea |
| Chris Freeland | Republican | Yea |
| Chris Fugate | Republican | Yea |
| DJ Johnson | Republican | Yea |
| Daniel Elliott | Republican | Not Voting |
| Daniel Fister | Republican | Yea |
| David Hale | Republican | Yea |
| David Meade | Republican | Yea |
| David W. Osborne | Republican | Yea |
| Deanna Gordon | Republican | Not Voting |
| Derek Lewis | Republican | Yea |
| Emily Callaway | Republican | Yea |
| Felicia Rabourn | Republican | Yea |
| James Tipton | Republican | Yea |
| Jared Bauman | Republican | Yea |
| Jason Nemes | 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 Meredith | Republican | Yea |
| Michael Sarge Pollock | Republican | Yea |
| Mike Clines | Republican | Yea |
| Myron Dossett | Republican | Yea |
| Nancy Tate | Republican | Yea |
| Nick Wilson | Republican | Yea |
| Patrick Flannery | Republican | Yea |
| Peyton Griffee | 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 | Not Voting |
| Scott Sharp | Republican | Yea |
| Shane Baker | Republican | Yea |
| Shawn McPherson | Republican | Yea |
| Stephanie Dietz | Republican | Yea |
| Steve Bratcher | Republican | Yea |
| Steve Rawlings | Republican | Yea |
| Steve Riley | Republican | Not Voting |
| 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 | Yea |
| Tom Smith | Republican | Yea |
| Wade Williams | Republican | Yea |
| Walker Thomas | Republican | Yea |
| William Lawrence | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 3 | 0 | 0 | 0 |
| Republican | 28 | 0 | 0 | 0 |
| Unaffiliated | 7 | 0 | 0 | 0 |
| Total | 38 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (38)
| Member | Party | Vote |
|---|---|---|
| Turner | — | Yea |
| Schickel | — | Yea |
| Southworth | — | Yea |
| Westerfield | — | Yea |
| Thayer | — | Yea |
| Yates | — | Yea |
| Harper Angel | — | Yea |
| Cassie Chambers Armstrong | Democrat | 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 |
| Greg Elkins | Republican | Yea |
| Jared Carpenter | Republican | Yea |
| Jason Howell | Republican | Yea |
| Jason Nemes | Republican | Yea |
| Jimmy Higdon | Republican | Yea |
| Julie Raque Adams | Republican | Yea |
| Lindsey Tichenor | Republican | Yea |
| Matthew Deneen | Republican | Yea |
| Max Wise | Republican | Yea |
| Michael Meredith | Republican | Yea |
| Nick Wilson | 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 |
| Tom Smith | Republican | Yea |
| Wade Williams | Republican | Yea |
| Walker Thomas | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 319 do?
- Amend KRS 49.280 to expand definitions relating to crime victims compensation; amend KRS 49.300 to specify duties of the Crime Victims Compensation Board; amend KRS 49.310 to allow family members and caregivers of a victim to file claims; amend KRS 49.330 to increase access for victims to file claims; amend KRS 49.340 to limit the time for an investigation; amend KRS 49.350 to allow a claim in default to be revived; amend KRS 49.360 to increase the allowable amount of emergency awards; amend KRS 49.370 to raise award limits and expand the types of claims eligible for payment; amend KRS 49.390 to remove the requirement of financial hardship for the victim; amend KRS 49.400 to limit the penalty to the intentional filing of false information; amend KRS 216B.400 to increase the medical services eligible for reimbursement, amend KRS 216B.990 to require an online portal for reporting violations of KRS 216B.400 to aid in penalty enforcement; amend KRS 49.380 to conform; make technical corrections.
- Who sponsors SB 319?
- SB 319 is sponsored by W. Westerfield, Gerald A. Neal (Democrat), D. Yates, and Harper Angel.
- What is the current status of SB 319?
- This bill has been enacted into law. Introduced February 27, 2024. Enacted.
- Where can I track SB 319?
- Track SB 319 free on One Click Politics — get push/email alerts when it moves.
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