Kentucky 2024 Regular Session Status: Enacted 6 R cosponsors

SB 70 — AN ACT relating to charitable donor intent protection.

Last action — signed by Governor (Acts Ch. 121)

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

This bill has been enacted into law. Introduced January 04, 2024. Enacted.

Signed by Governor Andy Beshear (Democratic) on April 09, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    7 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (6 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Create a new section of KRS Chapter 273 to define terms; establish that charitable organizations that accept contributions pursuant to an endowment agreement must abide by the terms of the endowment agreement; establish that a donor or a donor's legal representative may bring a civil action against a charitable organization that violates the terms of the endowment agreement.

Bill Text

What changed in the latest version

53 added · 69 removed

53 line(s) added, 69 removed.

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Latest
UNOFFICIAL COPY 24 RS SB 70/GA AN ACT relating to charitable donor intent protection.
CHAPTER 121 1 CHAPTER 121 ( SB 70 ) AN ACT relating to charitable donor intent protection.
and Page 1 of 3 SB007010.100 - 830 - XXXX 2/5/2024 4:56 PM GA UNOFFICIAL COPY 24 RS SB 70/GA (g) "Legal representative" means the administrator or executor of an individual's estate, a surviving spouse if there is a judicial settlement of the accounts of an individual's estate, or any living, named individual designated in an endowment agreement to act in place of a party to an endowment agreement with respect to all matters expressed in the endowment agreement and all actions that the agreement contemplates, including but not limited to interpreting, performing, and enforcing any provisions of the endowment agreement and defending their validity.
and (g) "Legal representative" means the administrator or executor of an individual's estate, a surviving spouse if there is a judicial settlement of the accounts of an individual's estate, or any living, named individual designated in an endowment agreement to act in place of a party to an endowment agreement with respect to all matters expressed in the endowment agreement and all actions that the agreement contemplates, including but not limited to interpreting, performing, and enforcing any provisions of the endowment agreement and defending their validity.
(2) Except as required or authorized by federal or state law, or valid court order, a charitable organization that accepts a contribution of property or money pursuant to an endowment agreement containing a donor-imposed restriction shall not violate the terms of that restriction.
(2) Except as required or authorized by federal or state law, or valid court order, a charitable organization that accepts a contribution of property or money pursuant to an endowment agreement containing a donor- imposed restriction shall not violate the terms of that restriction.
(4) A charitable organization may obtain a judicial declaration of rights as to the terms of an endowment agreement, including any donor-imposed restrictions, and the actions the agreement contemplates, including but not limited to the interpretation, specific performance, and enforcement of the agreement and Page 2 of 3 SB007010.100 - 830 - XXXX 2/5/2024 4:56 PM GA UNOFFICIAL COPY 24 RS SB 70/GA determination of its validity by bringing a civil action under this section.
(4) A charitable organization may obtain a judicial declaration of rights as to the terms of an endowment agreement, including any donor-imposed restrictions, and the actions the agreement contemplates, including but not limited to the interpretation, specific performance, and enforcement of the agreement and determination of its validity by bringing a civil action under this section.
(5) If the court determines that a charitable organization violated a donor-imposed restriction, the court may order one (1) or more remedies consistent with the charitable purposes expressed in the endowment agreement.
(5) If the court determines that a charitable organization violated a donor-imposed restriction, the court may order one (1) or more remedies consistent with the charitable purposes expressed in the endowment Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY agreement.
Page 3 of 3 SB007010.100 - 830 - XXXX 2/5/2024 4:56 PM GA
Signed by Governor April 9, 2024.
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Action History

  1. signed by Governor (Acts Ch. 121)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. 3rd reading, passed 80-14

  6. posted for passage in the Regular Orders of the Day for Monday, March 25, 2024

  7. 2nd reading, to Rules

  8. reported favorably, 1st reading, to Calendar

  9. to Judiciary (H)

  10. to Committee on Committees (H)

  11. received in House

  12. 3rd reading, passed 34-2 with Committee Substitute (1)

  13. posted for passage in the Regular Orders of the Day for Monday, February 05, 2024

  14. 2nd reading, to Rules

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

  16. recommitted to Judiciary (S)

  17. to Licensing & Occupations (S)

  18. to Committee on Committees (S)

  19. introduced in Senate

Sponsors

Sponsorship breakdown

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7 sponsors · 0 co-sponsors · 131 not signed on · 15 voted No

Sponsors (7)

Co-sponsors (0)

None.

Not signed on (131)

131 members have not signed on to this bill.

Show all 131 →

"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 80 Yea · 14 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 69103
Unaffiliated 8202
Democrat 31101
Total 801406
% of votes cast 80%14%0%6%
How each member voted (100)
Member Party Vote
Raymond — Yea
Heath — Yea
Bentley — Yea
Timoney — Yea
Gilbert — Yea
Pratt — Yea
Graham — Yea
Dixon — Yea
Palumbo — Nay
Justice — Not Voting
Bratcher K. — Not Voting
Stevenson C — Nay
Adrielle Camuel Democrat Nay
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Not Voting
Beverly Chester-Burton Democrat Nay
Chad Aull Democrat Nay
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Nay
Lindsey Burke Democrat Nay
Lisa Willner Democrat Nay
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Nay
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Nay
Tina Bojanowski Democrat Nay
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 Yea
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 Not Voting
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 Yea
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 Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS SB 70 W/ scs1

Passed 34 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 2100
Republican 25102
Unaffiliated 7000
Total 34202
% of votes cast 89%5%0%5%
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 Nay
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Nay
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 Not Voting
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea
Tom Smith Republican Not Voting
Wade Williams Republican Yea
Walker Thomas 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 SB 70 do?
Create a new section of KRS Chapter 273 to define terms; establish that charitable organizations that accept contributions pursuant to an endowment agreement must abide by the terms of the endowment agreement; establish that a donor or a donor's legal representative may bring a civil action against a charitable organization that violates the terms of the endowment agreement.
Who sponsors SB 70?
SB 70 is sponsored by Phillip Wheeler (Republican), Gary Boswell (Republican), Stephen Meredith (Republican), Robby Mills (Republican), Michael J. Nemes (Republican), J. Schickel, and Brandon J. Storm (Republican).
What is the current status of SB 70?
This bill has been enacted into law. Introduced January 04, 2024. Enacted.
Where can I track SB 70?
Track SB 70 free on One Click Politics — get push/email alerts when it moves.

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