J OURNAL
of the
HOUSE OF | | _ REPRE SENTATIVES iaeeed Assembly
of the
Commonwealth of Kentucky |
Regular Session of 1990
Volume Il
Held in the State Capitol in the Capital City of Frankfort, at Frankfort, in the Year of Our Lord 1990, and in the One Hundred and Ninety-Eighth — Year of the Commonwealth
Begun on the Second Day of January, 1990, and Adjourned’ Sine Die on the Thirteenth Day of pnt 1990.
Paid for from state funds.
FOREWORD
The Constitution requires each house of the General Assembly to keep a Journal of its proceedings. The Journal is intended to assure a public account of legislative activity and constitutes the final official record of action by the General Assembly.
Under the provisions of Sections 6.161, 6.162 and 57.151 of the Kentucky Revised Statutes, the Legislative Research Commission is responsible for. comparing, editing, correcting, and publishing the Journals as approved by each house of the General Assembly. This Journal represents the fulfillment of this obligation for. the Regular Session of the House of Representatives of 1990. .
The text of a bill is spread in full when it receives a first reading. The | vote on passage of a bill is indicated upon its receipt of a third reading, or upon concurrence by the originating house in amendments by the second house. Simple and concurrent resolutions are printed on first reading when applicable or when adopted, and joint resolutions are treated as bills. A table of actions on bills and resolutions is appended. Roll calls on motions to pass legislation have been compiled in an Appendix. | |
Mrs. Je ean Wallace, Mrs. Delores Dearborn and Mrs. Wilda Bond prepared the 1990 House Journal. The edited copy and index in this Journal reflect the - cooperative efforts of the Commission’s staff.
VIC HELLARD, JR. Director
The Capitol Frankfort, Kentucky -1990
1409
FRIDAY, MARCH 2, 1990 THIRTY-EIGHTH LEGISLATIVE DAY The House was called to order by Speaker Blandford. Prayer by Dr. Floyd Price, Bunt Grove Baptist Church, Ekron. The Speaker led the members in the Pledge of Allegiance to the Flag. The roll was called. All members present except Representatives Noe and Keith.
Representative McElroy moved that the absent members be granted leave of absence in accordance with the rules of the House. Agreed. ; :
Representative McElroy moved that the reading of the Journal of March 1, 1990 be dispensed with and the same approved. Agreed.
: Senate Message Announcing passage of SB 158, SB 184, SB 297, SB 298, HB 321 and HB 422. Report on Enrolled Bills
The Committee on Enrollment reported HB 238 had been examined and found correctly enrolled. Said Bill read at length, compared and signed in open session by the Speaker. Ordered delivered to the Senate. (Time - 9:04 a.m.)
HB 238 delivered to the Senate, signed by the President. Ordered delivered to the Governor.
Introduction of Bills and Resolutions
HB 864, by Representative A. Jones: AN ACT relating to revenue and taxation.
HB 865, by Representative A. Jones: AN ACT relating to workers’ compensation.
HB 866, by Representative A. Jones: AN ACT relating to deputy sheriffs.
HB 867, by Representative A. Jones: AN ACT relating to insurance and declaring an emergency.
HB 868, by Representative A. Jones: AN ACT relating to the Transportation Cabinet.
HB 869, by Representative A. Jones: AN ACT relating to sentencing in felony cases.
HB 870, by Representative A. Jones: AN ACT relating to motor vehicle offenses.
HB 871, by Representative Donnermeyer: AN ACT relating to plumbers.
HB 872, by Representative Donnermeyer: AN ACT relating to the Kentucky Lottery Corporation.
HB 873, by Representative Ballard: AN ACT relating to chiropractic school accreditation.
HB 874, by Representative Richards: AN ACT relating to alcoholic beverages.
‘HB 875, by Representative Richards: AN ACT relating to penalties associated with violations of law concerning controlled substances.
HB 876, by Representative Richards: AN ACT relating to state employees.
HB 877, by Representative Richards: AN ACT relating to alcohol and drug abuse.
HB 878, by Representative Richards: AN ACT relating to education.
HB 879, by Representative Richards: AN ACT relating to state employees.
HB 880, by Representative Lewis: AN ACT relating to paramedics.
HB 881, by Representative Lewis: AN ACT relating to business incentives for neighborhood assistance. HB 882, by Representative Lewis: AN ACT relating to motor vehicle registration.
HB 883, by Representative Jensen: AN ACT relating to notaries public.
1410 JOURNAL OF THE HOUSE OF REPRESENTATIVES
HB 884, by Representative Jensen: AN ACT relating.to crimes.and punishments.
HB 885, by Representatives Yates, Bronger, Northup, Gedling, Casebier, Lile, O’Brien, Burch,.P. Clark, Reinhardt, Johnson, Sheehan, Callahan, J. Harper, McElroy, Stokes, Priddy, Donnermeyer, Crupper, Ward, ‘Butler, L. Clark, Nett, Gray, ‘Hatcher and Ackerson: AN ACT relating to funding the construction, ‘reconstruction, and maintenance of county roads.and bridges and making an appropriation and declaring an-emergency.
HB 886, by Representative Ridley: AN ACT ‘relating to property tax assessments and declaring an emergency. ae
HB 887, by Representative Burch: AN ACT relating to family preservation services for children-at risk of out-of-home placement. ;
HB 888, by Representative Burch: AN ACT relating to services to children with emotional problems.
HJR 173, by Representative Richards: A JOINT RESOLUTION ‘directing.a-study of alternative methods of confinement.for drug offenders. ; :
-HJR 174, by Representative Lewis: A JOINT -RESOLUTION authorizing and directing-the Kentucky Department of Personnel to conduct.a study of state employee salaries iand benefits to see how they compare ‘with the seven ‘surrounding states and making.an.appropriations therefor.
HCR 175, by Representative Lewis: A CONCURRENT RESOLUTION authorizing and directing the Legislative Research Commission’s Interim Joint Committee on State Government to study the feasibility and necessity for federally funded time-limited, seasonal and temporary positions in the Executive Department.
“HR 176, by Representative Lewis: A RESOLUTION-requesting the Secretary of Transportation to name the bridge on Interstate 24 connecting Marshall and Livingston Counties for the late George Luther Draffen.
Reference ‘of Bills:and: Resolutions . The Clerk reported the Committee on Committees has referred:the following Bills and Resolutions: Agriculture and Small Business: HB 828.
Appropriations and Revenue: HB 817, HB 823, HB 826,HB 827,HB 848,HB 849,HB 850,HB 861, HB 862, HCR 166, ‘SB .206.
Banking:and Insurance: HB 818, HB 834, HB-860. ' Business Organizations and Professions:‘HB ‘822.
Cities: HB 842,:HB :845, SB 224.
Economic Development.and Tourism: HB 816, HB 832, HB 854, HB 857, HB 858, SB 231. Education: HB 814, HB 820, HB 824, HCR 158.
“Elections and Constitutional Amendments: HB 821.
Health and Welfare: HB 838.
Judiciary: HB 815,,HB 829,;HB 843.
Labor and Industry: HB 839, HB 840, HB 841,-HB 852.
HE Natural Resources and Environmental Protection: ‘HB -819, HB 830, ‘HB 847, HB 851, HB 853,
State Government: HB 831, HB 833, HB 835, HB 836,HB 844, HB 846, HB 855, HB 859, HB*863. Transportation: HB 825, HB 837, HJR 164, SB 227.
| Report of Committees The Committee on Rules reported HB 497, HB 623, SB 88, HB 378, HB 395, HB 425, HB 599,
HB i SB 57, SB 166, SB 188 and SCR 20 has been posted for passage in Orders of the Day, March 5, 1990. :
FRIDAY, MARCH 2, 1990 . 1411
The Committee on Rules reported the following Consent Bill has been posted for passage in Regular Orders of the Day, March 5, 1990: HB 522
The Committee on Rules reported the following Bills have been recommitted: Appropriations and Revenue: HB 396, HB 428. _ Posting of Bills and Resolutions for Consideration The Clerk announced the following Bill has been posted for Committee consideration: State Government: HB 263. Report of Committees
The Committee on Health and Welfare reported HB 123 with Committee Substitute and Committee Amendments attached thereto, HB 189 with Committee Substitute attached thereto, HB 355, HB 492 with Committee Amendments attached thereto, HB 448 with Committee Amendment attached thereto, with the eats of opinion that the same should pass. Read at length for the first time and ordered placed in
e Calendar.
HB 123, AN ACT relating to families and children. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS 199.473 is amended to read as follows:
(1) All persons other than a licensed. child-placing agency or institution, the department or persons excepted by KRS 199.470(4) or (5) who wish to place or receive a child shall make written application to the secretary for permission to place or receive a child. Upon receipt of an application to place or receive a child the secretary shall cause an investigation to be made of the home and the background of the person or persons wishing to receive the child. The purpose of the investigation shall, be to determine the suitability of the applicants. to receive a child, taking into account at all times the best interest of the child for whom application to receive has been made. The child welfare worker making the investigation shall make a finding in writing recommending either that the application be granted or that the application be denied. In either case reasons for the child: welfare worker’s recommendation shall be given in writing. The recommendation of the child welfare worker shall then be reviewed by the secretary. Based on the report and recommendation of the - child welfare worker making the investigation, the secretary shall grant or refuse permission for the applicant to place or receive a child as early as practicable, but, in any case, the decision shall be made within sixty (60) days after the receipt of the application. In reaching his decision the secretary shall be guided by the ability of the persons wishing to receive the child to give the child a suitable home, and shall at all times consider the best interest of the child from a financial, medical, psychological and psychiatric standpoint. If the application is refused the secretary shall in general terms furnish in writing the reasons for his refusal.
(2) In any case where the cabinet refuses to approve the placement of a child for adoption when requested by the parent or parents of the child, or refuses the request of any person or persons that a child be placed with him or them for adoption, the decision of the secretary in so refusing shall be final unless within ten (10) days after notice of refusal, the biological or proposed adopting parent or parents shall appeal to the circuit court of the county in which the adoption is proposed.{; previded hewever that] No placement shall be disapproved on the basis of the religious, ethnic, racial or inter-faith background of the adoptive applicant, if the [sueh] placement is made with the consent of the parent. The cabinet shall be made a party defendant to the appeal. In the hearing of an appeal, the court shall review the findings of the secretary and shall determine if the secretary has acted arbitrarily, unlawfully, or in such a manner as to constitute an abuse of discretion.
(3) No person, association or organization, other than the cabinet or a licensed child-placing institution or agency shall place a child or act as intermediary in the placement of a child for adoption or otherwise, except in the home of a stepparent, grandparent, sister, brother, aunt or uncle, or upon written approval of the secretary. Nothing in this subsection shall be construed to limit the Cabinet for Human Resources in carrying out its aid to dependent children program in accordance with KRS Chapter 205.
(4) i [in the event] a child who does not fall within the exception provided for in KRS 199.470(4) or (5) is placed or received in a home without the permission of the secretary for human resources, or jf [i*
event] permission to receive a child has been denied, a representative of the cabinet may petition the juvenile session of district court of the county in which the child is found setting out the facts concerning the child.. When the [suek] petition has been filed, the court shall take jurisdiction of the child and shall provide for it as it would provide for a dependent, neglected or abused child under KRS Chapter 620, except that the child may not be placed in the home of the applicants to receive him unless permission to do so
1412 JOURNAL OF THE HOUSE OF REPRESENTATIVES
is granted by the secretary or the [sueh] action is ordered by a circuit court, the Kentucky Court. of Appeals or Supreme Court of Kentucky.
(5) The Cabinet for Human Resources shall be paid a fee for the conduct of the investigation to be fixed by the court pursuant to a sliding income scale not to exceed fifteen dollars ($15) an hour. Payment shall be made by certified or cashier's check only. All funds collected under this section shall be deposited in a restricted account, which is hereby created, for the purpose of subsidizing an adoptive parent for suitable care of a special needs child as authorized in KRS 199.555.
(6) Nothing in this statute shall be construed to limit the authority of the cabinet or a licensed child- placing institution or agency to determine the proper disposition of a child committed to it by the juvenile session of district court or the circuit court, prior to the filing of an application to place or receive.
Section 2. KRS 199.555 is amended to read as follows: (1) A “special needs child’’ means:
(a) A child which the state has determined cannot or should not be returned to the home of his parents; and .
(b) Acchild which the state has first determined:
1. That there exists a specific factor or condition the existence of which leads to the reasonable conclusion that the child cannot be placed with adoptive parents without providing adoption assistance under this section or medical assistance under Title XIX; and
2. That except where it would be against the best interests .of the child because of such factors as the existence of significant emotional ties. with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance under this section or medical assistance under Title XIX [Fer the purpese of this seetion, “hard-to-plece children” means these fer whem adoptive hemes ave diffieult te find beeause of a physical handieap, a mental eonditien, er the age ef the child].
(2) “State funded adoption assistance’’ means payment of monthly maintenance to assist in meeting the special needs of a child which was placed by the Cabinet for Human Resources. The state funded adoption assistance shall also include payment of nonrecurring adoption expenses, and may include reimbursement of extraordinary medical expenses.
{3) “‘Nonrecurring adoption expenses’ means those expenses which are incurred in the legal adoption of a special needs child for which parents are ultimately responsible which include reasonable and necessary adoption fees, court costs, attorney fees and other expenses which are directly related to the special needs
. adoption and which are not incurred in violation of state or federal law.
(4) “Extraordinary medical expenses”’ means those expenses which are related to the child's special needs which existed prior to the adoption and are not reimbursed by private insurance, medicaid, or other third party payors or government programs.
(5) If the secretary of the Cabinet for Human Resources or his designated representative finds that a child may benefit from being adopted and that the payment of a subsidy to adoptive parents after the adoption will increase the likelihood of [suek] adoption, [then] funds may be paid to the adoptive parents after completion of the adoption of the [seek] child if the following conditions exist: _
(a) The child was considered a special needs child prior to the adoption;
(b) The child is committed to the Cabinet for Human Resources and the cabinet has authority to consent to the child’s adoption; and
(c)[G)] The adoptive naeents can give suitable care to the child if a subsidy i is paid.
(618) Agreements for the payments of funds under this section shall be made prior to the adoption of the child. However, iff; exeept where] the secretary for human resources or his designated representative finds that the adoption is likely to disrupt.[- In sueh situatiens; reimbursement fer] extraordinary medical expenses [eave] may be reimbursed [mede;] contingent upon availability of resources [reseurees available], if the following conditions exist:
(a) The child was placed for adoption by the Cabinet for Human Resources; (b) The child was considered a special needs child {“hard-te-plaee”] prior to the adoption;
FRIDAY, MARCH 2, 1990 1413
_(c) The parents have made a reasonable effort under the circumstances to meet the needs of the child without reimbursement for extraordinary medical expenses [& i
This subsection shall apply to any child meeting the conditions of this subsection who at the time of application for the post-adoption extraordinary medical expenses [subsidy] is under the age of eighteen (18). This subsection shall have retroactive as well as prospective effect [and whe is adepted prior to or after duly 15, 1986].
(7)[(4] The payments shall be out of funds appropriated to the cabinet and those funds collected pursuant _ to KRS 199.473(5) which shall be deposited in a restricted account for the purpose of subsidizing special needs adoptions, and shall be in accordance with regulations promulgated by the secretary. The [Sueh] payments shall not exceed the amount which would be paid for foster care for the child. Monthly maintenance payments shall not exceed the amount which would be paid for foster care for the child{;| and may include reimbursement [payment] for extraordinary medical expenses [eare]. Payment of nonrecurring adoption expenses shall only be reimbursed up to the limit established by the secretary for human resources in accord with 42 USC 673. However, payments under agreements entered into under subsection (6) [(8)] of this section shall be limited to reimbursement of authorized extraordinary medical expenses [eare] related to problems or conditions that existed prior to the adoption.
(8) State funded adoption assistance payments shall not be made to parents if: (a) The child has attained the age of eighteen (18);
(b) The cabinet determines the parents are no longer legally responsible for the support of the child; or
(c}) The cabinet determines that the child is no longer receiving any support from the parents.
- (9) Parents who have been receiving adoption assistance payments under this section shall keep the cabinet informed of circumstances which would, pursuant to subsection (8) of this section, make them ineligible for assistance, or eligible for assistance in a different amount.
- (10)[(6)| The cabinet: shall establish criteria to be followed for the adoption of children under provisions of this section and shall promulgate the criteria by administrative regulations. —
Section 3. KRS 199.5954 is amended to read as follows:
(1) A child with special needs residing [resident] in this state, who is the subject of an adoption assistance agreement with another state, shall be entitled to receive [a] medical assistance [identifieatien] from this state upon the filing in the [effiee of the division fer mediea! assistanee;] Department for Social Insurance, Cabinet for Human Resources, [ef] a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the Department for Medicaid Services (division fer medieal assi ; fer seeial insuranee], Cabinet for Human Resources, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.
_ (2) The Department for Medicaid Services [division ef medical assistance; department fer secial insurance], Cabinet for Human Resources shall consider recipients of medical assistance [the helder of a medieal assistance i ifieatien] pursuant to this section as any other recipient of [helder ef 2] medical assistance [identifieation] under the laws of this state and shall process and make payment on claims on account of the recipient [sach helder] in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.
(3) The Department for Medicaid Services [division for medieal assistanee; department fer secial insuranee], Cabinet for Human Resources shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the Department for Social Services, Cabinet for Human Resources for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed therefor. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The Cabinet for Human Resources shall make regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection shall be for services to the cost of which there is no federal contribution, or which, if federally aided, are not provided by the residence state. Among other things, the [sueh] regulations shall include procedures to be followed in obtaining prior approvals for services in those instances where required for the assistance.
(4) The submission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be punishable as perjury and shall also
1414 JOURNAL OF THE HOUSE OF REPRESENTATIVES
be subject to a fine not to exceed ten thousand dollars ($10,000) or imprisonment for not more than two (2) years, or both such fine and imprisonment.
(5) The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance agreements made by this state. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state shall be eligible to receive it in accordance with the laws and procedures applicable thereto.
SECTION 4. A NEW SECTION OF KRS CHAPTER 199 IS CREATED TO READ AS FOLLOWS:
(1) For the purpose of this section, unless the context requires otherwise, ‘federal title IV-E adoption ‘assistance”’ means the payment of monthly maintenance to assist in meeting the special needs of the child and of nonrecurring adoption expenses which include reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to legal adoption of a special needs child and which are not incurred in violation of state or federal law.
(2) If the secretary of the Cabinet for Human Resources or his designated representative finds that payment of a subsidy to adoptive parents after the adoption will increase the likelihood of such adoption, funds may be paid to the adoptive parents after conclusion of the adoption if the child meets the eligibility criteria established at 42 U.S.C. 673.
(3) Agreements for federal title IV-E adoption assistance under this section shall be made prior to the adoption of the child.
(4) Payment shall be out of funds appropriated to the cabinet and federal title IV-E funds of the Social Security Act as amended (42 U.S.C. 673 et al). All payments shall be in accordance with administrative regulations promulgated by the Cabinet for Human Resources. Payments shall not exceed the amount which would be paid for foster care for the child. Nonrecurring adoption expenses shall only be reimbursed up to the limit established by the secretary of the Cabinet for Human Resources or his designated representative in accordance with 42 U.S.C. 673 et al. :
Section 5.. KRS 403.720 is amended to read as follows: As used in KRS 403.715 to 403.785:
(1) “Domestic violence and abuse” means physical injury, serious physical injury, sexual abuse, assault — or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse or assault between family members; and '
(2) “Family member” means a spouse, [ineluding @] former spouse, parent, a member of an unmarried couple which has or allegedly has a child in common, a member of an unmarried couple currently or formerly living together as husband and wife regardless of legal status, child, stepchild or any other person related by consanguinity or affinity within the second degree.
Section 6. KRS 403.760 is amended to read as follows:
Violation of the terms or conditions of an order issued under the provisions of KRS 403.740 or 403.750, whether an emergency protective order, or an order following hearing, after service of same, shall constitute contempt of court. Any peace officer shall arrest the respondent without a warrant for contempt of court for any violations occurring in the peace officer's presence.
Section 7. KRS 403.765 is amended to read as follows:
If, following the entry of an order authorized by KRS 403.740 or 403.750, the petitioner-or the adverse party initiate an action in the Circuit Court under the provisions of this chapter, the orders of the Circuit Court pertaining ta the same subject matter shall, upon service of same, take precedence over orders issued pursuant to KRS 403.740 or 403.750. Orders of the District Court shall remain in effect and shall be enforced in either District or Circuit Court. Orders issued pursuant to KRS 403.740 or 403.750 shall be enforced in either District or Circuit Court in the county of issuance or residence.
Section 8. KRS 403.770 is amended to read as follows:
(1) The court, when issuing an emergency protective order, or when causing the issuance of a summons, shall order the omission or deletion of the petitioner's address, from any documents to be made available to the public, or to the person or persons who engaged in the alleged act or acts of domestic violence and — abuse.
FRIDAY, MARCH 2, 1990 : » 1415
(2) <A copy of each order issued pursuant to KRS 403.740 or 403.750 shall be forwarded by the circuit clerk, within twenty-four (24) hours of its issuance to all law enforcement agencies and the circuit clerk with jurisdiction in the locale of the residence of the petitioner. Any order superseding or modifying an earlier order shall likewise be forwarded by the cireuit clerk to the appropriate law enforcement agency and circuit clerk.
(3) Each law enforcement agency shall maintain within its official records information as to the existence ‘and current status of any order issued pursuant to the provisions of KRS 403.740 or 403.750, copies of which have been forwarded to the law enforcement agency in accordance with subsection (2) of this section.
(4) The official records maintained by law enforcement agencies in accordance with the provisions of subsection (8) of this section shall be confidential.
Section 9. KRS 431.005 is amended to read as follows:
(1) A peste officer may make an arrest:
(a) In obedience to a warrant; oF _(b) Without a warrant when a felony is committed in his presence; or
(c) Without a warrant when he has probable cause to believe that the person being arrested has committed - a felony; or
(d) Without a warrant when a sniedenisaitor: as defined in KRS 431.060, has been committed in his presence; or
(e) Without a warrant when a violation of KRS 189.290, 189.398, 189.520, 189.580, 511.080, or 525.070 has been committed in his presence, except that a violation of KRS 189A.010 need not be committed in his presence in order to make an arrest without a warrant if the officer has probable cause to believe that the person has violated KRS 189A.010.
* (2) Any peace officer may arrest without warrant when he has probable cause ‘to believe that if the person is not arrested he will present a danger or threat of danger to others if: not immediately restrained and in addition he has probable cause for believing that the [said] person has intentionally or wantonly caused physical injury to a [his] spouse, former spouse, parent, grandparent, child, stepchild [er], a member [if said persen is @ party] of an unmarried couple which has or allegedly has a child in common, or member of an unmarried couple currently or formerly living. together as husband and wife regardless of legal status [the ether party ef the eeuple]. Within twelve (12) hours following apprehension [and beeking] of a person arrested under this section, an officer shall [return te the abused persen, if the abused person is an adult, and] request that a signed, written statement be made by the abused person, if the abused person is an adult, stating that an abuse occurred and the person who committed it. If the abused person refuses to sign the statement, the charges shall be summarily dismissed and the defendant released from custody.
(3) For purposes of subsection (2) of this section a “peace officer” is a full-time sworn officer of the Kentucky state police, a full-time city policeman, a full-time county policeman, a full-time university safety and security officer appointed pursuant to KRS 164.950 to 164.970, a full-time city-county policeman, a duly elected sheriff, or a full-time paid deputy sheriff.
’ (4) A private person may make an arrest when a felony has been committed in fact and he has probable cause to believe that the person being arrested has committed it.
The Committee Substitute to HB 123 is as follows: HB 128, AN ACT relating to families and children.
Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS 199.473 is amended to read as follows:
(1) All persons other than a licensed child-placing agency or institution, the department or persons excepted — by KRS 199.470(4) or (5) who wish to place or receive a child shall make written application to the secretary for permission to place or receive a child. Upon receipt of an application to place or receive a child the secretary shall cause an investigation to be made of the home and the background of the person or persons wishing to receive the child. The purpose of the investigation shall be to determine the suitability of the applicants to receive a child, taking into account at all times the best interest of the child for whom application to receive has been made. The child welfare worker making the investigation shall make a finding in writing recommending either that the application be granted or that the application be denied. In either case reasons
1416 JOURNAL OF THE HOUSE OF REPRESENTATIVES
for the child welfare worker’s recommendation shall be given in writing. The recommendation of the child welfare worker shall then be reviewed by the secretary. Based on the report and recommendation of the child welfare worker making the investigation, the secretary shall grant or refuse permission for the applicant to place or receive a child as early as practicable, but, in any case, the decision shall be made within sixty (60) days after the receipt of the application. In reaching his decision the secretary shall be guided by the ability of the persons wishing to receive the child to give the child a suitable home, and shall at all times consider the best interest of the child from a financial, medical, psychological and psychiatric standpoint. If the application is refused the secretary shall in general terms furnish in writing the reasons for his refusal.
(2) Inany case where the cabinet refuses to approve the placement of a child for adoption when requested by the parent or parents of the child, or refuses the request of any person or persons that a child be placed with him or them for adoption, the decision of the secretary in so refusing shall be final unless within ten (10) days after notice of refusal, the biological or proposed adopting parent or parents shall appeal to the circuit court of the county in which the adoption is proposed.[; previded hewever that] No placement shall be disapproved on the basis of the religious, ethnic, racial or inter-faith background of the adoptive applicant, if the [sueh] placement is made with the consent of the parent. The cabinet shall be made a party defendant to the appeal. In the hearing of an appeal, the court shall review the findings. of the secretary and shall come if the secretary has acted arbitrarily, unlawfully, or in such a manner as to constitute an abuse of discretion.
(3) No person, association or organization, other than the cabinet or a licensed child-placing institution or agency shall place a child or act as intermediary in the placement of a child for adoption or otherwise, except in the home of a stepparent, grandparent, sister, brother, aunt or uncle, or upon written approval of the secretary. Nothing in this subsection shall be construed to limit the Cabinet for Human Resources in carrying out its aid to dependent children program in accordance with KRS Chapter 205.
(4) Jf [ix the event] a child who does not fall within the exception provided for in KRS 199.470(4) or (5) is placed or received in a home without the permission of the secretary for human resources, or /f [in the event] permission to receive a child has been denied, a representative of the cabinet may petition the juvenile session of district court of the county in which the child is found ‘setting out the facts concerning the child. When the [sueh] petition has been filed, the court shall take jurisdiction of the child and shall provide for it as it would provide for a dependent, neglected or abused child under KRS Chapter 620, except that the child may not be placed in the home of the applicants to receive him unless permission to do so is granted by the secretary or the [sueh] action is ordered by a circuit court, the Kentucky Court of Appeals or Supreme Court of Kentucky. w
(5) The Cabinet for Human Resources shall be paid a fee for the conduct of the investigation to be fixed by the court pursuant to a sliding income scale not to exceed fifteen dollars ($15) an hour. Payment shall be made by certified or cashier's check only. All funds collected under this section shall be deposited in a restricted account, which is hereby created, for the purpose of subsidizing an adoptive parent for suitable care of a special needs child as authorized in KRS 199.555. ; ;
(6) Nothing in this statute shall be construed to limit the authority of the cabinet or a licensed child- placing institution or agency to determine the proper disposition of a child committed to it by the juvenile session of district court or the circuit court, prior to the filing of an application to place or receive.
Section 2. KRS 199.555 is amended to read as follows: (1) A “special needs child’ means:
-(a) Acchild which the state has determined cannot or should not be returned to the home of his parents; and .
(b) Achild which the state has first determined:
1. That there exists a specific factor or condition the existence of which leads to the reasonable conclusion that the child cannot be placed with adoptive parents without providing adoption assistance under this section or medical assistance under Title XIX; and
2. That except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adaptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance under this section or medical assistance under Title XIX [Fer the purpese ef this seetion, “hard-te-place children” means these ehildren fer whem edeptive homes are diffieut te find beeause of 2 physies! handieap, a mental eonditien, er the age ef the child].
(2) “State funded adoption assistance’’ means payment of monthly maintenance to assist in meeting
FRIDAY, MARCH 2, 1990 1417
the special needs of a child which was placed by the Cabinet for Human Resources. The state funded adoption assistance shall also include payment of nonrecurring adoption expenses, and may include reimbursement of extraordinary medical expenses. :
(3) “‘Nonrecurring adoption expenses’ means those expenses which are incurred in the legal adoption of a special needs child for which parents are ultimately responsible which include reasonable and necessary adoption fees, court costs, attorney fees and other expenses which are directly related to the special needs adoption and which are not incurred in violation of state or federal law.
(4) “Extraordinary medical expenses’’ means those expenses which are related to the child’s special needs which existed prior to the adoption and are not reimbursed by private insurance, medicaid, or other third party payors or government programs. ‘
(5) If the secretary of the Cabinet for Human Resources or his designated representative finds that a child may benefit from being adopted and that the payment of a subsidy to adoptive parents after the adoption will increase the likelihood of [seek] adoption, [then] funds may be paid to the adoptive parents after completion of the adoption of the [sueh] child if the following conditions exist:
(a) The child was considered a special needs child prior to the adoption;
(b) The child is committed to the Cabinet for Human Resources and the cabinet has authority to consent to the child’s adoption; and
(cj[(s)] - The adoptive parents can give suitable care to the child if a subsidy is paid.
(6)[(8)] Agreements for the payments of funds under this section shall be made prior to the adoption of the child. However, iff; exeept where] the secretary for human resources or his designated representative finds that the adoption is likely to disrupt.[: Ix sueh situations, reimbursement fer] extraordinary medical expenses [eare] may be reimbursed [made,] contingent upon availability of resources [reseurees available], if the following conditions exist:
(a) The child was placed for adoption by the Cabinet for Human Resources; (b) The child was considered a special needs child [“herd-te-place”] prior to the adoption;
(c) The parents have made a reasonable effort under the circumstances to meet the needs of the child without reimbursement for extraordinary medical expenses [a subsidy].
This subsection shall apply to any child meeting the conditions of this subsection who at the time of application for the post-adoption extraordinary medical expenses [sabsidy] is under the age of eighteen (18). This subsection shall have retroactive as well as prospective effect [and whe is adepted prier te or after July 15, 1986].
(7)[(4)] The payments shall be out of funds appropriated to the cabinet and those funds collected pursuant to. KRS 199.473(5) which shall be deposited in a restricted account for the purpose of subsidizing special needs adoptions, and shall be in accordance with regulations promulgated by the secretary. The [Sueh] payments shall not exceed the amount which would be paid for foster care for the child. Monthly maintenance payments shall not exceed the amount which would be paid for foster care for the child{;]and may include reimbursement [payment] for extraordinary medical expenses [eare]. Payment of nonrecurring adoption expenses shall only be reimbursed up to the limit established by the secretary for human resources in accord with 42. USC 673. However, payments under agreements entered into under subsection (6) [(8}] of this section shall be limited to reimbursement of authorized extraordinary medical expenses [eare] related to problems or conditions that existed prior to the adoption.
(8) State funded adoption assistance payments shall not be made to parents if: (a) The child has attained the age of eighteen (18);
(b) The cabinet determines the parents are no longer legally responsible for the support of the child; or $2
(c) The cabinet determines that the child is no longer receiving any support from the parents.
(9) Parents who have been receiving adoption assistance payments under this section shall keep the cabinet informed of circumstances which would, pursuant to subsection (8) of this section, make them ineligible for assistance, or eligible for assistance in a different amount.
(10)[&)] The cabinet shall establish criteria to be followed for the adoption of children under provisions of this section and shall promulgate the criteria by administrative regulations.
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Section 3. KRS 199.5954 is amended to read as follows:
(1) A child with special needs residing [resident] in this state, who is the subject of an seston assistance agreement with another state, shall be entitled to receive [a] medical assistance [identifieatien] from this state upon the filing in the [effiee ef the division for medieal assistanee,] Department for Social Insurance, Cabinet for Human Resources, [ef] a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the Department for Medicaid Services [division for medieat insuranee], Cabinet for Human Resources, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.
(2) The Department for Medicaid Services [division ef medical assistance, department fer seeial insurance, Cabinet for Human Resources shall consider recipients of medical assistance [the helder of a medical assistanee identifieatien] pursuant to this section as any other recipient of [helder ef a] medical assistance [identifieation] under the laws of this state and shall process and make payment on claims on account of the recipient [suek holder] in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.
(3) The Department for Medicaid Services [divisien fer medieal assistance; department fer seeial insuranee], Cabinet for Human Resources shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the Department for Social Services, Cabinet for Human Resources for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed therefor. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The Cabinet for Human Resources shall make regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection shall be for services to the cost of which there is no federal contribution, or which, if federally aided, are not provided by the residence state. Among other things, the [saek] regulations shall include procedures to be followed in obtaining prior approvals for services in those instances where required for the assistance.
(4) The Sibntission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be punishable as perjury and shall also be subject to a fine not to exceed ten thousand dollars ($10,000) or imprisonment for not more than two (2) years, or both such fine and imprisonment.
(5) The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance agreements made by this state. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state shall be eligible to receive it in accordance with the laws and procedures applicable thereto.
SECTION 4. .A NEW SECTION OF KRS CHAPTER 199 IS CREATED TO READ AS FOLLOWS:
(1) For the purpose of this section, unless the context requires otherwise, ‘federal title 1V-E adoption assistance’’ means the payment of monthly maintenance to assist in meeting the special needs of the child and of nonrecurring adoption expenses which include reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to legal adoption ofa special needs child and which are not incurred in violation of state or federal law.
(2) If the secretary of the Cabinet for Human Resources or his designated representative finds that payment of a subsidy to adoptive parents after the adoption will increase the likelihood of such adoption, funds may be paid to the adoptive parents after conclusion of the adoption if the child meets the eligibility criteria established at 42 U.S.C. 673.
(3) Agreements for federal title 1V-E adoption assistance under this section shall be made prior to the. adoption of the child.
(4) Payment shall be out of funds appropriated to the cabinet and federal title IV-E funds of the Social Security Act as amended (42 U.S.C. 673 et al). All payments shall be in accordance with administrative regulations promulgated by the Cabinet for Human Resources. Payments shall not exceed the amount which would be paid for foster care for the child. Nonrecurring adoption expenses shall only be reimbursed up to the limit established by the secretary of the Cabinet for Human Resources or his designated representative in accordance with 42 U.S.C. 673 et al.
The Committee Amendment No. 1 to HB 123 is as follows:
FRIDAY, MARCH 2, 1990 1419
Amend printed copy of HCS for HB 123 on page 8, line 17, by inserting after the word “eighteen (18)” the following:
“, except that if the child is enrolled in a state or federal educational program, the payments may continue through age twenty-one (21).
The Committee Amendment No. 2 to HB 123 is as follows:
Amend printed copy of HCS for HB 128 on page 1, line 1, by inserting after the word “child”, the words “| together with the fee required pursuant to subsection (5) of this section,”;
And on page 4, line 5, by inserting after the word “The” the words “Secretary of the”; And on page 4, line 5, by inserting after the words “paid a” the words “non-refundable”,
And on page 4, line 6, by inserting after the word “fee” the words “of one hundred fifty dollars ($150) upon the filing of the written application for permission to place or receive a child’;
And on page 4, lines 6, by deleting the words “for the conduct of the investigation to be fixed by’; And on page 4, by deleting line 7 in its entirety; And on page 4, line 8, by deleting the following words “fifteen dollars ($15) an hour’. o HB 189, AN ACT relating to public health.
Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS 212.020 is amended to read as follows:
(1) The secretary of the Cabinet for Human Resources shall appoint from a list of nominees, three (3) qualified licensed and practicing physicians; [and] one (1) qualified licensed and practicing dentist; [and] ‘one (1) qualified licensed and practicing registered nurse; [and] one (1) qualified licensed and practicing . veterinarian, [and] one (1) lay person knowledgeable in consumer affairs residing in each county who, together - with the county judge/executive and one (1) person appointed by the fiscal court in each county, shall constitute a local board of health for the respective counties in which they reside. The list of nominees submitted to the secretary shall be accepted from any source and shall be solicited and obtained from the county judge/ executive, fiscal court, county health department staff, county medical society (for physicians), county dental society (for dentists), county nursing association (for nurses), and county veterinarian association (for veterinarians). If [In the event] a county does not have three (3) qualified licensed and practicing physicians or one (1) qualified licensed and practicing dentist or one (1) qualified and licensed practicing registered nurse or one (1) qualified licensed and practicing veterinarian [er ene G) lay person knowledgeable in consumer affairs] residing therein, the secretary of the Cabinet for Human Resources may appoint a resident lay person knowledgeable in consumer affairs in lieu thereof for each such vacancy. The members of the local board shall hold office for a term of two (2) years with physicians, dentists and fiscal court appointees appointed in even numbered years and nurses, veterinarians and lay appointees appointed in odd numbered years for terms from the date of their appointment, beginning on or after January 1, 1991 and until their successors are appointed except the terms of the first appointment shall be such that all physician and fiscal court appointee terms beginning on January 1, 1991 shall expire on December 31, 1991, dentist terms beginning on August 1, 1990 shall expire on December 31, 1991, nurse appointments beginning on August 1, 1990 shall expire on December 31, 1992, veterinarian and lay appointments beginning on October 1, 1990 shall expire on December 31, 1992. The members of the board shall receive no compensation for their services.
(2) The secretary shall remove any member, other than the county judge/executive or fiscal court appointee, who misses three (3) consecutive scheduled meetings and may remove any board member he appoints as provided by KRS 65.007. The fiscal court may remove its appointee in like fashion.
Section 2. KRS 212.230 is amended to read as follows: (1) County, city-county, and district boards of health shall: (a) Appoint a health officer and fix his salary subject to the approval of the Cabinet for Human Resources;
(b) Hold aregular meeting at least once every three (8) months, except that county or city-county boards whose counties are members of a district health department shall hold a regular meeting at least once every twelve (12) months, and such other special or regular meetings as may be desired and keep full minutes of all the proceedings in a book provided for this purpose;
(c) Adopt, except as otherwise provided by law, such rules and regulations not in conflict with the rules
1420 . JOURNAL OF THE HOUSE OF REPRESENTATIVES
ane regulations of the Cabinet for Human Resources, as may be necessary to protect the health of the people - or to effectuate the purposes of this chapter or any other law relating to public health;
. (d) ied in a general advisory capacity to the health officer on all matters relating to the local department of healt
(e) Hear and decide appeals from rulings, decisions, and actions of the local health department or health . officer, where the aggrieved party makes written request therefor to the board within thirty (30) days after the ruling, decision, or action complained of;
(f) Perform all other functions necessary to carry out the provisions of law and the rules and regulations adopted pursuant thereto, relating to local boards of health;
(2) Except as otherwise provided in subsection (1), all powers and authority of the local board of health under existing statutes are transferred to the county department of health.
Section 3. KRS 212.855 is amended to read as follows:
(1) Except for district health departments which serve a county containing a city of the first class or an urban-county government, a district board of health shall consist of the following members:
(a) The county judge/executive or his designee from each county in the district as an ex officio voting member; and
(b) One (1) additional. resident member per county per 15,000 population or fraction thereof, which shall include the mayor of each city of the second class as an ex officio voting member except that in no event shall the number of members from any one (1) county exceed seven (7) in number.
(2) All members except for the county judges/executive and the mayors of second class cities shall be appointed by the county or Sl Beans boards of health from the membership of each county or city-county phar elke Seip padtigs the Cabinet for Human Resources from lists submitted te him upen his request
(a) The secretary of the Cabinet for Human. Resources shall. notify the chairman of each county or city-county board of health in the district of the name of each member from that county whose term is _ expiring [Fhe list of neminetions submitted te. te. the seeretary pursuant te this subseetion shall inehide two (2). nominations from each of the following:
+: Fhe fiseal eourt of each county:
2: The county board of health of each county:
8: The county medieal society:
4; The county dental society:
6; Veterinarians from the county, when available].
(b). Upon, receipt of the. notification, under subsection (a) of this section, each county or city-county board: of health. shall appoint one (1) of its members to fill each vacant position from that county. At least two (2), ar twenty-five percent (25%), whichever is less [twenty-five pereent (25%) or whole number te pereent (25%)] of the appointed: members of the district board shall be doctors of oe or osteopathy licensed in the Commonwealth{; and there shall be at Jeast ene 4) Heensed ene G) dentist and ene (4) veterinarian, when. available among the smemshebshib af Gis beard: The veneinine ee ne ee ee ee ene
are te be representatives
(¢). The chairman of the county or city-county board of health shall inform the secretary within forty- five (45). days of receipt of the notification under. subsection (a). of this section of the names of the county or city-county board of health members appointed to serve on the district board. Appointed members of | district boards of. health shall not begin to, serve on,a.district board of health until the secretary has certified their eligibility to serve on the board.
FRIDAY, MARCH 2, 1990 1421
(3) /# [Fn the event] a vacancy exists upon the district board, the [said] vacancy shall be filled in a manner consistent with subsection (2) of this section with the appointed member [neminee] to fill the vacant seat coming from the county in which the vacancy occurs and the appointed member [nominee] resides. /f amember’s term on the county board of health expires or the member cannot complete the term on the county board, the member's seat on the district board of health shall be declared vacant and the county or city-county board of heatth shall appoint another of its members to fill any unexpired portion of the term on the district board.
(4) The appointed members of the district board of health shall hold office for a term of two (2) years ending on December 31 [dune 30] or until their successors are appointed; provided, however, that the terms of the first appointments shall be staggered so [in sueh a manner] that members whose terms expire on June 30, 1990 shall be replaced with appointed members whose terms expire on December 31, 1992. Members whose terms expire on June 30, 1991 shall be replaced with appointed members whose terms expire on December 31, 1993 ee ee ey Gee heres cern, ee prone 8 ie ene (4) year or until their suecessers are appeinted and qualify. Ne appeinted member of a distriet beard ef health shall serve mere than twe (2) eenseeutive terms of office].
(5) The secretary shall remove any appointed member who misses three (3) consecutive board meetings. The Committee Substitute to HB 189 is as follows: HB 189, AN ACT relating to public health. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS 212.020 is amended to read as follows:
(1) The secretary of the Cabinet for Human Resources shall appoint from a list of nominees, three (3) qualified licensed and practicing physicians; [and] one (1) qualified licensed and practicing dentist; [and] one (1) qualified licensed and practicing registered nurse; one (1) licensed engineer engaged in the practice of civil or sanitary engineering; one (1) qualified licensed and practicing optometrist; [and] one (1) qualified licensed and practicing veterinarian; [and] one (1) lay person knowledgeable in consumer affairs residing in each county who, together with the county judge/executive and one (1) person appointed by the fiscal court in each county, shall constitute a local board of health for the respective counties in which they reside. The list of nominees submitted to the secretary shall be accepted from any source and shall be solicited and obtained from the county judge/executive, fiscal court, county health department staff, county medical society (for physicians), county dental society (for dentists), county nursing association (for nurses), county engineering association (for engineers), county optometric association (for optometrists), and county veterinarian association (for veterinarians). If [In the event] a county does not have three (3) qualified licensed and practicing physicians or one (1) qualified licensed and practicing dentist or one (1) qualified and licensed practicing registered nurse one (1) qualified and licensed practicing civil or sanitary engineer or one (1) qualified licensed and practicing optometrist, or one (1) qualified licensed and practicing veterinarian [er ene (4) lay persen knowledgeable in eonstimer affairs] residing therein, the secretary of the Cabinet for Human Resources may appoint a resident lay person knowledgeable in consumer affairs in lieu thereof for each such vacancy. The members of the local board shall hold office for a term of two (2) years with physicians, dentists _and fiscal court appointees appointed in even numbered years and nurses, engineers, optometrists, veterinarians and lay appointees appointed in odd numbered years for terms from the date of their appointment, beginning on or after January 1, 1991 and until their successors are appointed except the terms of the first appointment shall be such that all physician and fiscal court appointee terms beginning on January 71, 1991 shall expire on December 31, 1991, dentist terms beginning on August 1, 1990 shall expire on December 31, 1991, nurse, engineer and optometrist appointments beginning on August 1, 1990 shall expire on December 31, 1992, veterinarian and lay appointments beginning on October 1, 1990 shall expire on December 31, 1992. The members of the board shall receive no compensation for their services.
(2) The secretary shall remove any member, other than the county judge/executive or fiscal court appointee, who misses three (3) consecutive scheduled meetings and may remove any board member he appoints as provided by KRS 65.007. The fiscal court may remove its appointee in like fashion.
Section 2. KRS 212.230 i is amended to read as follows:
(1) County, city-county, and district boards of health shall: (a) Appoint a health officer and fix his salary subject to the approval of the Cabinet for Human Resources;
(b) Hold a regular meeting at least once every three (3) months, except that county or city-county boards whose counties are members of a district health department shall hold a regular meeting at least once every twelve (12) months, and such other special or regular meetings as may be desired and keep full minutes of all the proceedings in a book provided for this purpose;
1422 JOURNAL OF THE HOUSE OF REPRESEN TATIVES
(c) Adopt, except as otherwise provided by law, such rules and regulations not in conflict with the rules and regulations of the Cabinet for Human Resources, as may be necessary to protect the health of the people or to effectuate the purposes of this chapter or any other law relating to public health;
(d) Act ina general advisory capacity to the health officer on all matters relating to the local department of health; :
(e) Hear and decide appeals from rulings, decisions, and actions of the local health department or health officer, where the aggrieved party makes written request therefor to the board within thirty (30) days after the ruling, decision, or action complained of;
(f) Perform all other functions necessary to carry out the provisions of law and the rules and regulations adopted pursuant thereto, relating to local boards of health;
(2) Except as otherwise provided in subsection (1), all powers and authority of the local board of health under existing statutes are transferred to the county department of health. ,
Section 3. KRS 212.855 is amended to read as follows:
(1) Except for district health departments which serve a county containing a city of the first class or an urban-county government, a district board of health shall consist of the following members:
(a) The county judge/executive or his designee from each county in the district as an ex officio voting member; and
e (b) One (1) additional resident member per county per 15,000 population or fraction thereof, which shall include the mayor of each city of the second class as an ex officio voting member. The total number of members fram any county in a district shall not exceed seven (7) with the exception of those counties that prior to the effective date of this Act had more than seven (7) members. The board membership for those counties with more than seven (7) members shall be limited to the total number of members serving prior to the effective date of this Act.
(2) All members except for the county judges/executive and the mayors of second class eities and the licensed and practicing optometrist shall be appointed by the caunty or city-county boards of health from the membership of each county or city-county board of health [seeretary of the Cabinet fer Human Reseurees
ei day : : : of said eounty shall be authorized te compile and submit; within ten G0) days, his eounty’s nominations te seeretary shalt be autherized te eempile; or have compiled, the nominations fer such county]. (a) The secretary of the Cabinet for Human Resources ‘shall notify the chairman of each county or city-county board of health in the district of the name of each member from that county whose term is expiring [Fhe list ef nominations submitted te the seeretary pursuant te this subsection shall inelude two
+ Fhe fiseal court ef each county:
2. The county beard of health of each county:
8: The county medieat society:
4--The eounty dental society:
6: Veterinarians from the eounty; when evailable],
(b) Upon receipt of the notification, under subsection (a) of this section, each county or city-county board of health shall appoint one (1) of its members to fill each vacant position from that county. At least two (2), or twenty-five percent (25%), whichever is less [twenty-five pereent (25%) er the nearest whele number te ive pereent (25%)] of’the appointed members of the district board shall be doctors of medicine or osteopathy licensed in the Commonwealth[; and there shall be at least ene (4 Heensed registered nurse;
(c) The chairman of the county or city-county board of health shall inform the secretary within forty-
FRIDAY, MARCH 2, 1990 1423
.
five (45) days of receipt of the notification under subsection (a) of this section of the names of the county or city-county board of health members appointed to serve on the district board. Appointed members of district boards of health shall not begin to serve on a district board of health until the secretary has certified their eligibility to serve on the board. ,
(3) /f [Tn the event] a vacancy exists upon the district board, the [said] vacancy shall be filled in a manner consistent with subsection (2) of this section with the appointed member [norminee] to fill the vacant seat coming from the county in which the vacancy occurs and the appointed member [nominee] resides. /f a member's term on the county board of health expires or the member cannot complete the term on the county board, the member’s seat on the district board of health shall be declared vacant and the county or city-county board of health shall appoint another of its members to fill any unexpired portion of the term on the district board.
(4) The appointed members of the district board of health shall hold office for a term of two (2) years ending on December 31 [dune 86] or until their successors are appointed; provided, however, that the terms of the first: appointments shall be staggered so [in sueh @ manner] that members whose terms expire on June 30, 1990 shall be replaced with appointed members whose terms expire on December 31, 1992. Members whose terms expire on June 30, 1991 shall be replaced with appointed members whose terms expire on December 31, 1993 [net less than one-half G/2) the members shall be appeinted fer a term ef ene (4) year or until their suecessors are appointed and qualify. Ne appeinted member of a distriet beard of health shall serve more than two (2) eonseeutive terms of effiee].
(5) The secretary shall remove any appointed member who misses three (3) consecutive scheduled board meetings. .
HB 355, AN ACT relating to the Kentucky Medical Assistance Program. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1, KRS 205.560 is amended to read as follows:
(1) The scope of medical care for which the Cabinet for Human Resources undertakes to pay. shall be designated and limited by regulations promulgated by the [said] cabinet, pursuant to the provisions in this section [hereof]. Within the limitations of any appropriation therefor, the provision of complete upper and lower dentures:to recipients of medical assistance program benefits who have their teeth removed by a dentist resulting in the total absence of teeth shall be a mandatory class in the scope of medical care. Payment to a dentist of any [sueh] medical assistance program benefits for complete upper and lower dentures shall only be provided on the condition of a preauthorized agreement between an authorized representative of the medical assistance program and the dentist prior to the removal of the [suek] teeth. The selection of another class or other classes of medical care shall be recommended by the council to the secretary for human resources after taking into consideration, among other things, the amount of federal and state funds available, the most essential needs of recipients, and the meeting of such need on a basis insuring the greatest amount of medical care as defined in KRS 205.510 consonant with the funds available including but not limited to the following categories, except where the [sueh] aid is for the purpose of obtaining an abortion: ;
(a) Hospital care, including drugs, and medical supplies and services during any period of actual hospitalization; ’
(b) Nursing home care, including medical supplies and services, and drugs during confinement therein on prescription of a physician, dentist, or podiatrist;
(c) Drugs, nursing care, medical supplies and services during the time when a recipient is not in a ‘ hospital but is under treatment and on the prescription of a physician, dentist, or podiatrist;
(d) Physician, podiatric and dental services;
(e) Optometric services for all age groups shall be limited to prescription services, services to frames and lenses, and diagnostic services provided by an optometrist, to the extent the optometrist is licensed to perform the services and to the extent the services are covered in the ophthalmologist portion of the physician’s program. Eyeglasses shail be [are] provided only to children under age twenty-one (21);
(f) Lifelong coverage for prescription drugs used to prevent rejection of transplanted organs as well as lifelong coverage of hospital, laboratory and physician services related to the transplant if the patient was eligible for Medicaid at the time the transplant occurred [Drugs en the preseription ef a physician used te prevent the rejection of transplanted organs if the patient is indigent]; and
(g) Nonprofit neighborhood health organizations or clinics where some or all of the medical services are provided by licensed registered nurses or by advanced medical students presently enrolled in a medical
1424 “sg OURNAL OF THE HOUSE OF REPRESENTATIVES
4
school accredited by the Association of American Medical Colleges and where the [sueh] students or licensed registered nurses are under the direct supervision of a licensed physician who rotates his services in this supervisory capacity between two (2)-or more of the nonprofit neighborhood health organizations or clinics specified herein.
(2) Payments for hospital care, nursing home care, and drugs or other medical, ophthalmic, podiatric and dental supplies shall be on bases which relate the amount of the payment to the cost of providing the (suek] services or supplies. It shall be one (1) of the functions of the council to make recommendations to the Cabinet for Human Resources with respect to the [sueh] bases for payment. In determining the rates of reimbursement for long-term care facilities participating in the medical assistance program, the Cabinet for Human Resources shall, to the extent permitted by federal law, not allow the following items to be considered as a cost to the facility for purposes of reimbursement: —
(a) Motor vehicles that are not owned by the facility, including motor vehicles that are registered or owned by the facility but used primarily by the owner or family members thereof;
(b) The cost of motor vehicles, including vans or trucks, used for facility business shall be allowed up to fifteen thousand dollars ($15,000) per facility, adjusted annually for inflation according to the increase in the consumer price index-u for the most recent twelve (12) month period, as determined by the U. S. Department of Labor.[; previded however, that] Medically equipped motor vehicles, vans or trucks shall be exempt from the fifteen thousand dollar ($15,000) limitation. Costs exceeding this limit shal [are] not be reimbursable and shall be borne by the facility.[; previded hewever, that] Costs for additional motor vehicles, not to exceed a total of three (3) per facility, may be approved by the Cabinet for Human Resources if the facility demonstrates that each additional vehicle is necessary for the operation of the facility as required by regulations of the cabinet; : :
(c) Salaries paid to immediate family members of the owner or administrator, or both,.of a facility, to the extent that services are not actually performed and are not a necessary function as required by regulation of the cabinet for the operation of the facility. The facility shall-keep a record of all work actually performed by family members; :
(d) The cost of contracts, loans, or other payments made by the facility to owners, administrators or both, unless the [sueh] payments are for services which would otherwise be necessary to the operation of the facility and the [sueh] services are required by: regulations of the Cabinet for Human Resources. Any other [sueh] payments shall be deemed part of the owner’s compensation in accordance with maximum limits established by regulations of the Cabinet for Human Resources. Interest paid to: the facility for loans made to a third party may be used to offset allowable interest claimed by the facility;
(e) Private club memberships for owners or administrators, travel expenses for trips outside the state for owners or administrators and other indirect payments made to the owner, unless: the [sueh] payments are deemed part of the owner’s compensation in accordance with maximum limits established by regulations ' of the Cabinet for Human Resources; and :
(f) Payments made to related organizations supplying the facility with goods or services shall be limited to the actual cost of the goods or services to the related organization, unless it can be demonstrated that no relationship between the facility and the supplier exists. A relationship shal [-witt]:be considered to exist when an individual, including brothers, sisters, father, mother, aunts, uncles and in-laws, possesses a total of five percent (5%) or more of ownership equity in the facility and the supplying business. [and. previded
; that] An exception to the relationship shall exist if fifty-one percent (51%) or. more of. the supplier’s business activity of the type carried on with the facility is transacted with persons and organizations other than the facility and its related organizations.
(3) No vendor payment shall be made unless the class and type of medical care rendered and the cost basis therefor has first been designated by regulation.
(4) The [rules and] regulations of the Cabinet for Human Resources shall require that a written statement including the required opinion of a physician shall accompany any claim for reimbursement for induced premature births. This statement shall indicate the procedures used in providing the [s#e#] medical services.
(5) The range of medical care benefit standards provided: and the quality and. quantity standards and the methods for determining cost formulae for vendor payments within each category of: public assistance and other recipients shall be uniform for the entire state, and shall be designated by regulation promulgated within the limitations established by the Social Security Act and federal regulations: /t shalt:not.be necessary. that the amount of payments for units of services [need net] be uniform for the entire state but may vary from county to county and from city to city, as well as among hospitals, based-on the prevailing. cost of medical care in each [sueh] locale and other local economic and geographic conditions, except that insofar as allowed - by applicable federal law and regulation, the maximum amounts reimbursable for similar services rendered
FRIDAY, MARCH 2, 1990 — 1425
by physicians within the same specialty of medical practice shall not vary according to the physician’s place of residence or place of practice, as [se] long as the place of practice is within the boundaries of the state.
(6) Nothing in this section shall be deemed to deprive a woman of all appropriate medical care necessary to prevent her physical death.
(7) Tothe extent permitted by federal law, no medical assistance recipient shall be pateriitied as qualifying for a level of long-term care below the recipient’s current level, unless the [suek] recertification includes a physical examination conducted by a physician licensed pursuant to KRS Chapter 311 or by an advance registered nurse practitioner licensed pursuant to KRS Chapter 314 and acting under [stuek] a physician’s supervision.
(8) If payments made to community mental health centers, established pursuant to KRS Chapter 210, for services provided to the mentally retarded exceed the actual cost of providing the service, the balance - of the [seh] payments shall be used solely for the provision of other services to the mentally retarded through community mental health centers. ~
(9) No [Kvery] long-term care facility, as defined in KRS 216.510, providing inpatient care to recipients of medical assistance under Title XIX of the Social Security Act on July 15, 1986 shall [net] deny admission of a person to a bed certified for reimbursement under the provisions of the medical assistance program solely on the basis of the person’s paying status as a medicaid recipient. No person shall be removed or discharged from any facility solely because they became eligible for participation in the medica] assistance program, unless the facility can demonstrate the resident or the resident’s responsible party was fully notified in writing that the resident was being admitted to a bed not certified for medicaid reimbursement. No facility may decertify a bed occupied by a medicaid recipient or may decertify a bed that is occupied by a resident who has made application for medical assistance.
HB 492, ’ AN ACT relating to health care information.
WHEREAS, it is in the interest of all Kentuckians that they have available to them affordable, high quality health care services; and
WHEREAS, enhanced competition between health care providers may provide one means to achieve affordable, high quality services, but only if consumers have access to sufficient information to allow them to make meaningful choices about health care matters; and
WHEREAS, it is in the public interest to provide for a uniform system of information to enable consumers to compare the price and quality of frequently used health care services;.and
WHEREAS, such an information system can best be developed, tested and refined by implementing it in areas in which there is a high volume of services provided by a significant number of competing health care providers;
NOW, THEREFORE, Be ut enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. KRS CHAPTER 239 IS ESTABLISHED AND A NEW SECTION THEREOF IS CREATED TO READ AS FOLLOWS:
For purposes of this chapter, unless the context requires otherwise:
(1) “Aggregate charge” means the total of all amounts billed by a hospital or ambulatory facility, including charges for all ancillary and support services, as ordinarily reported on the uniform health insurance claim form prescribed pursuant to KRS 304.14-135, prior to any adjustment for bad debts, charity, contractual allowances, administrative or courtesy discounts or similar deductions from revenue. However, if necessary to achieve comparability of information between providers, charges for the professional services of hospital- based or facility-based physicians shall be excluded from the calculation of aggregate charge.
(2) “Ambulatory facility’’ means a facility, not part of a hospital, licensed pursuant to KRS Chapter 216B under whatever nomenclature, which provides one (1) or more major ambulatory procedures to patients not requiring hospitalization, such as an ambulatory surgical facility, ambulatory care clinic, alternative birth center, mobile health service, or specialized medical technology service. This term shall not include private offices and clinics of physicians or other practitioners of the healing arts which do not hold a facility license pursuant to KRS Chapter 2168.
(3) “Cabinet” means the Public Protection and Regulation Cabinet. .
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(4) “Council” means the Health Care Information Council.
(5) *’Covered county’’ means a county in which there are more than three thousand (3,000) licensed hospital beds.
(6) “‘Department’’ means the Department of Health Care Consumer Information within the cabinet.
(7) “Hospital” means a facility licensed pursuant to KRS Chapter 216B as either a hospital, psychiatric hospital, rehabilitation hospital or chemical dependency treatment facility. It shall exclude facilities owned by the federal or state government.
(8) °‘Major ambulatory procedures’ means those surgical, medical, radiological, diagnostic or therapeutic procedures designated by the department by administrative regulation as those pertaining to which reports will be required. Major ambulatory procedures shall include procedures which are customarily provided in hospital or other licensed facilities, and which require special facilities, such as operating rooms, or special equipment, such as fluoroscopic equipment, computed tomographic scanners, magnetic resonance imagers, mammography or ultrasound equipment and the like.
(9) “’Quality’’ means the extent to which a provider renders care that, within the capabilities of modern medicine, obtains for patients medically acceptable health outcomes and prognoses, adjusted for severity of iliness.
SECTION 2. KRS CHAPTER 239 IS ESTABLISHED AND A NEW SECTION THEREOF IS CREATED TO READ AS FOLLOWS:
There is hereby created a Department of Health Care Consumer Information within the cabinet. The secretary of the cabinet shall appoint a commissioner of the department, charged with the administration of this chapter, and shall provide for sufficient department staff, qualified through training or experience, to carry out the responsibilities of the department. The commissioner shall have obtained at least a bachelor’s degree from an accredited college and shall have training or experience in health care administration or finance, health care accounting or other related field.
SECTION 3. KRS CHAPTER 239 IS ESTABLISHED AND A NEW SECTION THEREOF IS CREATED TO READ AS FOLLOWS:
(1) ‘The department shall:
(a) Beginning no later than January 1, 1991, require every hospital and ambulatory facility i in a covered county to report, on a periodic basis, information regarding the price and quality of frequently treated medical conditions and frequently used health care services;
(b) Establish by administrative regulation, at least the following: 1. The timetable for filing information required under this chapter;
2. A list of frequently treated medical conditions, frequently used health care services and major . ambulatory procedures pertaining to which the department will prepare and publish comparative price and quality information;
3. A methodology to analyze and disseminate comparative price information for each hospital and ambulatory facility in a covered county, which methodology shall include at a minimum:
(a) Diagnosis-specific or procedure-specific comparisons, calculated on an average aggregate charge basis, controlled for severity of iliness; and
(b) If a facility has entered into any arrangement with any payor for a discount or other preferential charge arrangement, a comparison of the average actual charges by payor for the specific diagnoses or Procedures; and
(c). A system of uniform reporting to achieve comparability of data;
4. Ai list of reportable data items which are necessary for the department to analyze and disseminate comparative price information utilizing its methodology,
5. A methodology to analyze and disseminate comparative data regarding provider quality ona adiayapsis: specific or procedure-specific basis, including any additional data elements which hospitals and ambulatory facilities shall be required to report, such as clinical findings, readmissions, patient morbidity and mortality, occurrence of iatrogenic disease, nosocomial infection or the like, and a system of uniform reporting to achieve comparability of data; and
FRIDAY, MARCH 2, 1990 . 1427
6. Procedures pertaining to the confidentiality of information collected under this chapter, which shall provide that all information required to be filed with the department pursuant to this chapter shall be made available to the public upon reasonable request but that individual patients shall not be identifiable;
(c) Publish periodically, and no less frequently than annually, a report or reports of health care prices and quality which includes diagnosis-specific or procedure-specific comparisons for each hospital and ambulatory facility, differentiated by payor if relevant, resulting from the application of the methodologies to the reported data. The report or reports shall be in understandable language with sufficient explanation to allow consumers to draw meaningful comparisons between providers;
(d) Report at least biannually to the General Assembly on matters pertaining to comparative health care prices and quality and on the effectiveness of activities carried out pursuant to this chapter in educating consumers and containing health care costs through enhancement of competition, and make recommendations
regarding expanding the data collection and dissemination activities to additional areas or types of providers; and
fe) Consult with the council in carrying out its activities. (2) The department may:
(a} Develop a computerized system for the collection, analysis and dissemination of information, and it may contract for the development of the system or for the provision of data processing services;
(b) Require by regulation that no later than one hundred twenty (1 20) days after adoption of the regulation, information be reported to the department on a specified type of magnetic computer tape or on computer diskette;
(c) Require by regulation that within ninety (90) days of the adoption of the regulation, hospitals and ambulatory facilities compile, make available for inspection by the public and inform each patient on admission or registration of the availability of, current information on usual and customary charges for items which are designated in the regulations; :
(d) Independently audit all information required to be submitted by hospitals and ambulatory facilities as needed to corroborate the accuracy of the submitted data, and authorize its agents to enter upon the premises of a provider for purposes of the audit. Any audit shall be at the expense of the department and shall, to the extent practicable, be coordinated with other audits performed by state agencies;
(e) Prepare a computer run or other report on request of a member of the public, or provide computer- to-computer access to public non-patient identifiable reported data, and charge a reasonable user fee for this service; and
(f) Issue omer administrative regulations necessary for the proper administration of its functions.
SECTION 4. KRS CHAPTER 239 IS ESTABLISHED AND A. NEW SECTION THEREOF IS. CREATED TO READ AS FOLLOWS:
(1) There is hereby created the Health Care Information Council to serve in an advisory capacity to the department in the administration of this chapter. The council shall consist of no more than twelve (1 2) members appointed by the Governor. The members shall be residents of a covered county and chosen to broadly represent the public interest in access to meaningful information pertaining to health care prices and quality. Three (3) of the appointments shall be made from a list of at least six (6) nominees submitted by the Kentucky Hospital Association. Two (2) of the appointments shall be made from a list of at least four (4) physician nominees submitted by the Kentucky Medical Association. One (1) member shall be chosen from among representatives of ambulatory facilities, other than hospitals, subject to the reporting requirements of this chapter. One (1) other member shall be representative of large employers, one (1} shall be representative of small employers, two (2) shall be representatives of payors and two (2) shall represent consumers. The employer, payor and consumer representatives shall have no financial or ownership interest in any hospital or ambulatory facility subject to the reporting requirements of this chapter, or of any entity affiliated by common ownership or control with such a hospital or ambulatory facility. The chairman shall be elected from among the members by a vote of the council.
_ (2) Council members shall be appointed for terms of three (3) years, except that the terms of the initial appointments shall be as follows: Four (4) members shall be appointed for one (1) year, four (4) members shall be appointed for two (2) years, and four (4) members shall be appointed for three (3) years. Council members shall serve until their successors are appointed and take office. If a vacancy occurs, the Governor shall appoint a replacement to fill the balance of the unexpired term.
(3) The council shall meet at least every three (3) months, and on other occasions as may be necessary
7
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on the call of the chairman or the commissioner of the department. A majority of the members shall constitute a quorum. \
(4) No member of the council shall receive any salary, fee or other remuneration for his services as a member of the council, but each member shall be reimbursed for his ordinary. travel expenses. including mgals and lodging, incurred in the performance of his council duties.
‘SECTION 5. KRS CHAPTER 239 IS ESTABLISHED AND A NEW SECTION THEREOF IS CREATED TO READ AS FOLLOWS:
The council shall advise the commissioner and the department concerning policy and arucadite pertaining to. the collection, analysis and dissemination of information on health care pricing and quality, including parniculariy the following:
(1) The list of frequently treated medical conditions or frequently used services pertaining to which the department will prepare and publish comparative price and quality information;
(2) The methodologies, reportable data items and forms for collecting, analyzing and disseminating comparative information reflecting health care prices and quality; and
(3) The form and content of reports to the General Assembly and to the general public.
SECTION 6. KRS CHAPTER 239 IS ESTABLISHED AND A NEW SECTION THEREOF IS CREATED TO READ AS FOLLOWS:
(1) Every hospital and ambulatory facility located in a covered county shall file timely, complete and accurate reports, on a form provided or approved by the department, of health care price and quality information as required by the regulations of the department.
(2) If the department determines that an audit is necessary, a hospital or ambulatory facility i in a covered county shall make available to the department, within thirty (30) days of a written notification by the department to the provider, those books, records or other data necessary for the department to carry out the audit.
SECTION 7.. KRS CHAPTER 239 IS ESTABLISHED AND. A NEW SECTION THEREOF IS CREATED TO READ AS FOLLOWS:
In addition to any other penalties provided by law:
(1) Any hospital or ambulatory facility in a covered county which fails to report any required data to the department in the form and within the timetables for reporting established by regulation and which has not prior to the failure been granted an exemption shall be subject to a fine of five thousand dollars ($5,000) for the first violation, ten thousand dollars ($10,000) for the second violation, and twenty thousand ($20,000) for the third or any subsequent violation. If the violation continues more than ten (10) business days after written notice from the department of a failure to report, the hospital or ambulatory facility shall be subject to an additional fine of one thousand dollars ($1,000) per day for each day of continuing violation. Any hospital or ambulatory facility which engages in a pattern of violations of the requirements of this chapter shall also be subject to revocation of its facility license by the Cabinet for Human Resources.
(2) Any hospital or ambulatory facility which in response to the requirements of this. chapter willfully files false or misleading information with the department shall be subject to a fine of twenty-five thousand dollars ($25,000) for each offense. In addition, the hospital or ambulatory facility shall be subject to revocation of its facility license by the Cabinet for Human Resources. i
(3) The department may compel compliance with the requirements of this chapter by injunction or other proper proceedings in the Franklin Circuit Court or any other Circuit Court of competent jurisdiction.
(4) The commission shall report to the Division of Licensure and Regulation of the Cabinet for Human Resources, or its successor organizational unit responsible for the licensure of health facilities pursuant to KRS Chapter 216B, any pattern of failures to report information as required by the chapter and any willful filing of false or misleading information. Any proceedings to revoke a facility license shall be conducted pursuant to KRS 216B.105, and decisions on revocations shall be subject to judicial appeal pursuant to KRS 216B.115 to 216B.120.
The Committee Amendment No. 1 to HB 492 is as follows:
Amend printed copy of HB 492 on page 2, lines 24 and 25, by deleting the gebis “Public Protection and Regulation Cabinet” and inserting in lieu thereof the words “Cabinet for Human Resources”.
The Committee Amendment No. 2 to HB 492 is as follows:
v
a
FRIDAY, MARCH 2, 1990 ' 1429
ene printed copy of HB .492 on page 9, line 10, by inserting after the words “among the” the word “consumer’.
HB 448, AN ACT relating to medical assistance. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS 205.560 is amended to read as follows:
(1) The scope of medical care for which the Cabinet for Human Resources undertakes to pay shall be designated and limited by regulations promulgated by the [said] cabinet, pursuant to the provisions hereof. Within the limitations of any appropriation therefor, the provision of complete upper and lower dentures to recipients of medical assistance program benefits who have their teeth removed by a dentist resulting in the total absence of teeth shall be a mandatory class in the scope of medical care. Payment to a dentist of any such medical assistance program benefits for complete upper and lower dentures shall only be provided on the condition of a preauthorized agreement between an authorized representative of the medical assistance program and the dentist prior to the removal of the [sueh] teeth. The selection of another class or other classes of medical care shall be recommended by the council to the secretary for human resources after taking into consideration, among other things, the amount of federal and state funds available, the most essential needs of recipients, and the meeting of such need on a basis insuring the greatest amount of medical care as defined in KRS 205.510 consonant with the funds available including but not limited to the following categories, except where the [sueh] aid is for the purpose of obtaining an abortion:
(a) Hospital care, including drugs, and medical supplies and services during any period of actual hospitalization;
(b) Nursing home care, including medical supplies and services, and drugs during confinement therein on prescription of a physician, dentist, or podiatrist;
(c) Drugs, nursing care, medical supplies and services during the time when a recipient is not in a hospital but is under treatment and on the prescription of a physician, dentist, or podiatrist; :
(d) Physician, podiatric and dental services;
(e) Optometric services for all age groups shall be limited to prescription services, services to frames and lenses, and diagnostic services provided by an optometrist, to the extent the optometrist is licensed to perform the services and to the extent the services are covered in the ophthalmologist portion of the physician’s program. Eyeglasses shall be [are] provided only to children under age twenty-one (21);
(f) . Drugs on the prescription of a physician used to prevent the rejection of transplanted organs if the patient is indigent; and
(g) Nonprofit neighborhood health organizations or clinics where some or all of the medical services are provided by licensed registered nurses or by advanced medical students presently enrolled in a medical school accreditedsby the Association of American Medical Colleges and where such students or licensed registered nurses are under the direct supervision of a licensed physician who rotates his services in this supervisory capacity between two (2) or more of the nonprofit neighborhood health organizations or clinics specified herein.
(2) Payments for hospital care, nursing home care, and drugs or other medical, ophthalmic, podiatric and dental supplies shall be on bases which relate the amount of the payment to the cost of providing such services or supplies. It shall be one (1) of the functions of the council to make recommendations to the Cabinet for Human Resources with respect to such bases for payment. In determining the rates of reimbursement for long-term care facilities participating in the medical assistance program, the Cabinet for Human Resources shall, to the extent permitted by federal law, not allow the following items to be considered as a cost to the facility for purposes of reimbursement:
(a) Motor vehicles that are not owned by the facility, including motor vehicles that are registered or owned by the facility but used primarily by the owner or family members thereof:
(b) The cost of motor vehicles, including vans or trucks, used for facility business shall be allowed up to fifteen thousand dollars ($15,000) per facility, adjusted annually for inflation according to the increase in the consumer price index-u for the most recent twelve (12) month period, as determined by the U. S. department of labor.[; previded however; that] Medically equipped motor vehicles, vans or trucks shall be exempt from the fifteen thousand dollar ($15,000) limitation. Costs exceeding this limit shaf/ [are] not be reimbursable and shall be borne by the facility.[; previded hewever, that] Costs for additional motor vehicles, not to exceed a total of three (3) per facility, may be approved by the Cabinet for Human Resources if the facility demonstrates that each additional vehicle is necessary for the operation of the facility as required by regulations of the cabinet;
a
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(c) Salaries paid to immediate family members of the owner or administrator, or both, of a facility, to the extent that services are not actually performed and are not a necessary function as required by regulation of the cabinet for the operation of the facility. The facility shall keep a record of all work actually performed by family members;
(d) The cost of contracts, loans, or other payments made by the facility to owners, administrators or both, unless such payments are for services which would otherwise be necessary to the operation of the facility and such services are required by regulations of the Cabinet for Human Resources. Any other [sueh] payments shall be deemed part of the owner’s compensation in accordance with maximum limits established by regulations of the Cabinet for Human Resources. Interest paid to the facility for loans made to a third party may be used to offset allowable interest claimed by the facility;
(e) Private club memberships for owners or administrators, travel expenses for trips outside the state for owners or administrators and other indirect payments made to the owner, -unless the [seh] payments are deemed part of the owner’s compensation in accordance with maximum limits established by regulations of the Cabinet for Human Resources; and
(f) Payments made to related organizations supplying the facility with goods or services shal! be limited to the actual cost of the goods or services to the related organization, unless it can be demonstrated that no relationship between the facility and the supplier exists. A relationship shalf [wil] be considered to exist when an individual, including brothers, sisters, father, mother, aunts, uncles and in-laws, possesses a total of five percent (5%) or more of ownership equity in the facility and the supplying business. [and t
; that] An exception to the relationship shall exist if fifty-one percent (51%) or more of the supplier’s business activity of the type carried on with the facility is transacted with persons and organizations other than the facility and its related organizations.
(3) The cabinet shall establish and implement a reimbursement system for long-term care facilities which utilizes a rate setting mechanism by which the rates are reasonable and adequate to cover a nursing home's cost which is incurred by an efficiently and economically operated facility in order to. provide care and services in conformity with the applicable state and federal laws, regulations, quality and safety standards. The cabinet, in establishing the reimbursement system, shall base the rate of payment, whether overall or component, on the results of scientifically valid analyses and conclusions derived from objective statistical data pertinent to. the particular rate of payment. In establishing a reimbursement rate, either a component or overall rate, the cabinet shall consider and make provisions for the variable costs experienced statewide in the long- term care industry contained in the following data: the range and spread of routine costs which results - from differing patient care needs; the range and spread of labor costs from one (1) geographic area within Kentucky to another; and the range and spread of costs because of differing values of physical building and equipment. The reimbursement system shall be structured so that the reimbursement rates will provide a facility with full reimbursement of its reasonable and necessary costs of delivering quality patient care.
(4) No vendor payment shall be made unless the class and’ type of medical care rendered’ and the cost . basis therefor has first been designated by regulation. : ,
(5)[(4}] The [rules and] regulations of the Cabinet for Human Resources shall‘ requiré that a written statement including the required opinion of a physician: shall accompany any claim: for reimbursement for induced premature births. This statement shall indicate the procedures used in: providing the [sue] medical services. ;
. _ (6)[)). The range of medical care benefit standards provided and the quality and‘ quantity standards andthe methods for determining cost formulae for. vendor payments within each category of public assistance and. other recipients shall be uniform for the entire state, and shall be designated by regulation promulgated within the limitations established by the Social Security Act and federal regulations. /t. shall not.be necessary that: the amount: of paymenis for units of services [need net] be uniform for the entire state but may vary from county to county and from city to city, as well as among hospitals, based on the prevailing cost of medical care in such locale and other local economic and geographic conditions, except that insofar. as allowed by. applicable federal‘ law and regulation, the maximum amounts reimbursable for similar services rendered - by physicians within the same specialty of medical practice shall not vary according to the physician’s place of residence or place of practice, so long as the place of practice is within the boundaries of the state.
(7)[)] Nothing, in this section shall be deemed ‘to deprive a woman of all appropriate medical care necessary to prevent her physical death.
(8[€H)] Tothe extent permitted by federal law, no medical assistance recipient shall'be recertified as qualifying for a-level’of long-term care below the recipient’s current level, unless the [sueh] recertification includes. a physical examination conducted by a physician licensed! pursuant. to-KRS-Chapter’311' or by.an advance registered'nurse practitioner licensed pursuant to KRS Chapter 314 and: acting under: the [sueh #] physician’s supervision. ;
\
FRIDAY, MARCH 2, 1990 1431
(9)[8)] If payments made to community mental health centers, established pursuant to KRS Chapter 210, for services provided to the mentally retarded exceed the actual cost of providing the service, the balance of the {sueh] payments shall be used solely for the provision of other services to the ee retarded through community mental health centers.
(109) No [Every] long-term care facility, as defined in KRS 216.510, providing inpatient care to recipients of medical assistance under Title XIX of the Social Security Act on July 15, 1986 shall [net] deny admission of a person to a bed certified for reimbursement under the provisions of the medical assistance program solely on the basis.of the person’s paying status as a medicaid recipient. No person shall be removed or discharged from any facility solely because they became eligible for participation in the medical assistance program, unless the facility can demonstrate the resident or the resident’s responsible party was fully notified - in writing that the resident was being admitted to a bed not certified for medicaid reimbursement. No facility may decertify a bed occupied by a medicaid recipient or may decertify a bed that is occupied by a resident who has made application for medical assistance.
The Committee Amendment No. 1 to HB 448 is as follows:
Amend printed copy of HB 448 on page 6, line 26, by inserting after the words “spread oF the words “medical and’.
The Committee on Health and Welfare reported HB 188 and HB 501 with the expression of opinion that the same should pass. Read at length for the first time and ordered placed in the Consent Calendar.
HB 188, AN ACT relating to health departments. Be it enacted bai the General Assembly of the Commonwealth of Kentucky:
SECTION 1. ANEW SECTION OF KRS CHAPTER 424 IS CREATED TO READ AS FOLLOWS:
In lieu of the procedure provided in KRS 424.220, relating to publication of financial statements, each county, city-county or district health department shall, within sixty (60) days after the expiration of each
fiscal year, publish in a newspaper qualified under KRS 424.120 to publish legal notices, a summary of revenue and expenditures for the past fiscal year. Revenue and expenditure categories shall be as follows:
(1) Revenue categories:
(a) State;
(b) Federal;
(c) Local; and
(d) Fees.
(2) Expenditure categories: (a) Salaries;
(b) . Fringe benefits;
(c) Contractual expenditures; . (d) Travel;
(e) Space costs;
(f} Office administration;
(g) Administrative charges; (h) Medical supplies; —
(i) Automotive expenses;
(jj) Other;
(k) Capital expenditures; and
(l) Indirect costs.
1432 JOURNAL OF THE HOUSE OF REPRESENTATIVES
The publication shall also include a statement indicating that supporting documents are available for public inspection during regular working hours at the county, city-county or district health department office.
_ HB 501, —_ AN ACT relating to missing children. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS 17.460 is amended to read as follows:
(1) Upon notification by a parent or guardian that a child is missing, the law enforcement agency receiving notification shall immediately complete a missing person’s report in a form prescribed by the Justice Cabinet and which shall include such information as the cabinet deems necessary for the identification of the missing child, including the child’s physical description, last known location and known associates.
(2) Within twenty-four (24) hours after completion of the missing person’s report form, the law enforcement agency shall transmit the report for inclusion within the Kentucky Missing Child Information Center computer and shall cause the report to be entered into the National Crime Information Center computer.
(3) Within twenty-four (24) hours thereafter, the law enforcement agency shall investigate the report, shall inform all appropriate law enforcement officers of the existence of the missing child report, and shall communicate the report to every other law enforcement agency having jurisdiction in the area.
(4) Upon location of the missing child and verification of the National Crime Information Center entry, the law enforcement agency shall transport the child to the court designated worker with jurisdiction for placement if the law enforcement agency is unable to return the child to the child’s parent, guardian or to the state, if a ward of the state.
(5) Within twenty-four (24) hours after a missing child is located and returned to his parent, guardian or to the state if a ward of the state, or is transported to the court designated worker, the law enforcement agency which transported, found or returned the missing child shall notify both the Missing Child Information Center and the National Crime Information Center of that fact. ,
Calendar
HB 261,HB 318, HB 407, HB 508, HB 550, HB 553, HB 577, HB 600, HB 639, HB 442, HB 520, HB 594, HB 679, HB 700, HB 713, HCR 76, HB 444, HB 556, HB 595, HB 653, SB 78, HB 209, HB 423, HB 534, HB 643, SB 52, HB 615, HB 616, HB 695, HB 697, HB 586, HB 605, HB 626, HB 146 and HB 558 taken from the Calendar and ordered read at length for the second time. Representative Stumbo moved that they be read by title only. Agreed by a majority of members elected. Ordered referred to the Committee on Rules. =
Representative Stumbo moved that the rules be suspended to allow floor privileges to a delegation from Korea. Agreed.
A member of the delegation briefly addressed the House. Report on Enrolled Bills
The Committee on Enrollment reported SB 175 and SB 223 had been examined and found correctly enrolled. Said Bills read at length, compared and signed in open session by the Speaker. Ordered delivered ’ to the Senate. (Time - 9:28 a.m.)
Orders of the Day
HB 198 taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected. oe
Representative K. Harper moved that HB 198 be passed. On the roll call the vote was: Yeas 88, Nays 1. (See March 2, 1990 roll call on HB 198 - Appendix.)
HB 198 was passed and the title agreed to.
Representative K. Harper moved that the vote by which HB 198 was passed be reconsidered and said motion be placed on the table. Agreed. ;
HB 399, with Floor Amendments attached thereto, taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected. ,
FRIDAY, MARCH 2, 1990 . 1433
Representative R. Smith moved the adoption of Floor Amendment No. 8 to HB 399. Agreed. Representative P. Richardson moved the adoption of Floor Amendment No. 1 to HB 399. Agreed. Representative R. Smith moved that HB 399, as amended, be passed.
On the roll call the vote was: Yeas 86, Nays 3. (See March 2, 1990 roll callon HB 399 - Appendix.) HB 399, as amended, was passed and the title agreed to.
Representative R. Smith moved that the vote by which HB 399, as amended, was passed be reconsidered and said motion be placed on the table. Agreed.
HB 560, with Committee Substitute and Floor Amendment sttached thereto, taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected.
Representative Lear moved the adoption of Committee Substitute to HB 560. Agreed.
Representative Lear moved the adoption of Floor Amendment No. 1 to the Committee Substitute to HB 560. - Agreed.
Representative Lear moved that HB 560, by way of Committee Substitute as amended, be passed. On the roll call the vote was: Yeas 72, Nays 17. (See March 2, 1990 roll callon HB 560.- Appendix.) HB 560, by way of Committee Substitute as amended, was passed and the title agreed to.
Representative Lear moved that the vote by which HB 560, by way of Committee Substitute as amended, was passed be reconsidered and said motion be placed on the table. Agreed.
HB 341, with. Committee Substitute attached thereto, taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected.
Representative Scorsone moved the adoption of Committee Substitute to HB 341. Avieea:
Representative Scorsone movéd that HB 341, by way of Committee Substitute, be passed,
On the roll call the vote was: Yeas 90, Nays 0. (See March 2, 1990 roll call on HB 341 - Appendix. ) - HB 341, by way of Committee Substitute, was passed and the title agreed to.
Representative Scorsone moved that the vote by which HB 341, by way of Committee Substitute, was passed be reconsidered and said motion be placed on the table. Agreed.
HB 562, with Committee Substitute attached thereto, taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and ee, upon its passage. Agreed by a majority of members elected.
Representative McElroy moved the adoption of Committee Substitute to HB 562. Agreed. Representative McElroy moved that HB 562, by way of Committee Substitute, be passed.
On the roll call the vote was: Yeas 96, Nays 0. (See March 2, 1990 roll call on HB 562 - Appendix.) HB 562, by way of Committee Substitute, was passed and the title agreed to.
Representative McElroy moved that the vote by which HB 562, by way of Committee Substitute, was _ passed be reconsidered and said motion be placed on the table. Agreed.
HB 608 taken from the Orders of the Day and ordered read at length for the third time. epecabntalive Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected.
Representative Mullinix moved that HB 608 be passed.
On the roll call the vote was: Yeas 94, Nays 0. (See March 2, 1990 roll call on HB 608 - Appendix.)
HB 608 was passed and the title agreed to. : /
1434 JOURNAL OF THE HOUSE OF REPRESENTATIVES
Representative Mullinix moved that the vote by which HB 608 was passed be reconsidered and said motion be placed on the table. Agreed.
HB 99 taken from the Orders of the Day and dedared: read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected:
Representative Scorsone moved that HB 99 be passed.
On the roll call the vote was: Yeas 94, Nays 2. (See March 2, 1990 roll call on HB 99 - pastas )
HB 99 was passed and the title agreed to.
Representative Scorsone moved that the vote by which HB 99 was passed be reconsidered and said motion be placed.on the table. Agreed.
HB 637 taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected. .
Representative Hancock moved that HB 637 be passed. On the roll eall the vote was: Yeas 76, Nays 14. (See March 2, 1990 roll dai on HB 637 - Appendix:) HB 637 was passed and the title agreed to.
Representative Hancock moved that the vote by which HB 637 was passed be reconsidered and said motion be placed on the table. Agreed.
HB 118, with Committee Substitute attached thereto, taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected.
Representative Burch moved the adoption of Committee Substitute to HB 118. Agreed.
. Representative Burch moved that HB 118, by way of Committee Substitute, be passed. On the roll call the vote was: Yeas 92, Nays 0. (See March 2, 1990 roll call on HB 118 - Anpendis. ) HB 118, by way of Committee Substitute, was passed and the title agreed to.
Representative Burch moved that the vote by which HB 118, by way of Committee Substitute, was passed be reconsidered and said motion be placed on the table. Agreed.
. HJ R 119 taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected. |
Poprcsentalive Lyne moved that HJR 119 be passed. On the roll call the vote was: Yeas 93, Nays 0. (See March 2, 1990 roll callon HJR 119 - Appendix.) HJR 119 was passed and the title agreed to.
Representative Lyne moved that the vote by which HJR 119 was passed be reconsidered and said motion be placed on the table. parce:
rere ra.
Representative Richards moved that SB 29 be passed. On the roll call the vote was: Yeas 55, Nays 27. (See March 2, 1990 rail callon SB 29 - Appendix. ) SB _ 29 was passed and the title agreed to.
Representative Richards moved that the vote by which SB 29 was hassel be. reconsidered and said motion be placed on the table. Agreed.
FRIDAY, MARCH 2, 1990 1435
_ HCR 129 taken from the Orders of the Day and ordered read at length for the third time. Representative Ses moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected. : Representative Stumbo moved that HCR 129 be passed. On the roll call the vote was: Yeas 90, Nays 0. (See March 2, 1990 roll call on HCR 129 - Appendix.) HCR 129 was passed and the title agreed to.
Representative Stumbo moved that the vote by which HCR 129 was passed be reconsidered and said motion be placed on the table. Agreed.
HB 112, with Senate Amendment attached thereto, taken from the Orders of the Day. Representative Stumbo moved that it be placed upon its passage. Agreed. ,
The Senate Amendment No. 2 to HB 112 is as follows:
Amend printed copy of HB 112 on page 4, between lines 14 and 15, by adding the following new subsection (6);
“(6}_ This section shall not apply to any material, compound, mixture, or preparation containing any quantity of an anabolic steroid substance, or any isomer, ester. salt or derivative thereof that is expressly intended for administration through implant to livestock or other non-human species, and that is approved by the United States Food and Drug Administration for such use,”’ : ;
Representative.Long moved that the House refuse to concur in the Senate Amendment No. 2 to HB 112. Agreed. : .
HB 433, with Senate Amendment attached thereto, taken from the Orders of the Day. Representative Stumbo moved that it be placed upon its passage. Agreed.
The Senate Amendment No. 1 to HB 433 is as follows:
-Amend printed copy of HB 433 as follows on page 1, lines 10 and 11, delete “general inspectors of elevators”. and
On. page 1, line 12, delete “[ne mere than five (6) general inspectors of elevaters]” and insert in lieu thereof: “no more than ten (10) general inspectors of elevators” :
Representative Hancock moved that the House concur in Senate Amendment No. 1 to HB 433. Agreed Representative Hancock moved that HB 433, as amended by the Senate, be passed.
On ite roll call the vote was: Yeas 89, Nays 2. (See March 2, 1990 roll call on HB 433 - Appendix.) HB 433, as amended by the Senate, was passed and the title agreed to.
Representative Hancock moved that the vote by which HB 433, as amended by the Senate, was passed be reconsidered and said motion be placed on the table. Agreed.
HB 432 taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected.
Representative Hancock moved that HB 432 be passed.
On the roll call the vote was: Yeas 87, Nays 2. (See March 2, 1990 roll callon HB 432 - Appendix.)
HB 432 was passed and the title agreed to.
Representative Hancock moved that the vote by which HB 432 was passed be reconsidered and said © motion be placed on the table. Agreed.
Motions, Petitions and Communications : Representative Stumbo moved that HB 428 be recommitted to the Committee on Rules. Agreed.
Representative Stumbo moved that the rules be suspended for Introduction of Bills and Resolutions, Report of Committees and Posting of Bills and Resolutions for Consideration. Agreed. ,
1426 JOURNAL OF THE HOUSE OF REPRESENTATIVES
Introduction of Bills and Resolutions HB 889, by Representative Donnermeyer: AN ACT relating to local government tort liability. HB 890, by Representative Donnermeyer: AN ACT relating to school districts. HB 891, by Representatives Walker and Kerr: AN ACT relating to teachers’ aides. HB 892, by Representatives J. Harper and A. Jones: AN ACT relating to pleas in criminal cases. HB 893, by Representative Brown: AN ACT relating to the environment. . HB 894, by Representative Blevins: AN ACT relating to compulsory school attendance. HB 895, by Representative Lefevers: AN ACT relating to hospital insurance tax. HB 896, by Representative A. Jones: AN ACT relating to surety bonds. . HB 897, by Representative Ward: AN ACT relating to sports officials. HB 898, by Representative Moberly: AN ACT relating to education. HB 899, by Representative Donnermeyer: AN ACT relating to protection of unborn human life.
HB 900, by Representatives Lear, Freibert, meas Jackson and K. Harper: AN ACT relating to group insurance. .
HB 901, by Representative Northup: AN ACT relating to development impact fees.
HB 902, by. Representative A. Jones: AN ACT relating to an electronic information delivery system, and making an appropriation therefor.
HB 903, by Representative Rapier: ‘AN ACT relating to reform of the Commonwealth’s system of common schools.
HB 904, by Representatives Lewis, Geveden and B. Richardson: AN ACT relating to outdoor advertising.
HB 905, by Representatives Preston, Mason, Bentley, White, Napier, J. Harper and Brown: AN ACT relating to income taxes.
HB 906, by Representative A. Jones: AN ACT relating to state purchasing and desiertg a an emergency. HB 907, by Representative Deskins: AN ACT relating to workers’ compensation.
HB 908, by Representative Deskins: AN ACT relating to worker’s compensation.
HB 909, by Representative Kerr: AN ACT relating to the regulation of HVAC occupations.
HB 910, by Representatives Donnermeyer. and Jackson: AN ACT relating to school employees.
HB 911, by Representative Hancock: AN ACT relating to athletic trainers. 7S
HB 912, by Representative Hancock: AN ACT relating to prepaid dental plan organizations.
HB 913, by Representative Stumbo: AN ACT relating to crimes and punishments.
HB 914, by Representatives Stumbo, Deskins, Altman, Strong and Neuman AN ACT relating to state government.
HB 915, by Representative Stumbo: AN ACT relating to shooting ranges. HB 916, by Representative Stumbo: AN ACT relating to proof of attested instrument.
HB 917, by Representative Strong: AN ACT relating to economic development, and tourism, making. an appropriation therefor and declaring an emergency.
HB 918, by Representative Strong: AN ACT: relating to crimes and punishments. © HB. 919, by Representative Hancock: AN ACT relating to motor fuels tax and. making an appropriation.
HB 920, by Representatives T. Jones, Moberly, Barrows, Noland, Lear, Hancock and Mack: AN ACT relating to the Kentucky River. .
FRIDAY, MARCH 2, 1990 1487
HB 921, by Representative A. Jones: AN ACT relating to to small business development, and declaring an emergency.
HB 922, by Representatives Hatcher, Gray and Mason: AN ACT proposing to amend Sections 71, 82, and 93 of the Constitution of Kentucky relating to terms of elected officials.
HB 923, by Representative R. Smith: AN ACT relating to intertrack wagering.
HB 924, by Representative Barrows: AN ACT relating to workers’ compensation. HB 925, by Representative Barrows: AN ACT relating to state employees.
HB 926, by Representative Cyrus: AN ACT relating to workers’ compensation.
HB 927, by Representative Donnermeyer: AN ACT relating to collective bargaining. HB 928, by Representative Donnermeyer: AN ACT relating to labor.
HB 929, by Representatives Stumbo, Maggard, Hatcher, Jackson, Bruce, Siler, Little, Altman, Morris, R. Smith, Burch, Turner, Strong, Zimmerman, Arnold, Cyrus, Noland, Gray, Deskins, Lyne, Cline, White, Mason, Lefevers, Crupper, Bentley, Mack and Adkins: AN ACT relating to economic development road projects and declaring an emergency.
HB 930, by Representative Hatcher: AN ACT relating to legislative compensation and allowances. HB 931, by Representative A. Jones: AN ACT relating to certificate of need.
HB 932, by Representative Gedling: AN ACT relating to electronic voting systems.
HB 933, by Representative Gedling: AN ACT relating to transportation for school children.
- HR 177, by Representative Adkins: A RESOLUTION urging the United States Postal Service to issue commemorative stamps honoring the late Chief Justice Fred M. Vinson of Kentucky.
HJR 178, by Representative Priddy: A JOINT RESOLUTION relating to the economic growth and ; development of Kentucky. :
HJR 179, by Representative A. Jones: A JOINT RESOLUTION directing the Cabinet for Economic Development, in conjunction with the Finance and Administration Cabinet and the Transportation Cabinet to consider and develop plans for implementing a state administered surety bonding program in this Commonwealth.
HCR 180, by Representative A. Jones: A CONCURRENT RESOLUTION CEenane a Task Force on Sentencing Guidelines.
HR 181, by Representative Stumbo: A RESOLUTION commending the “International Training on Local Governmental Autonomy and Local Governmental Practice” and adjourning in honor of its South Korean participants.
HCR 182, by Representatives R. Smith and Farrow: A CONCURRENT RESOLUTION directing the Task Force on Economic Development and Tourism to study:the Economic Development Cabinet and the. economic impact state regulatory agencies have on existing businesses and industries.
HJR .183, by Representative Cyrus: A JOINT RESOLUTION petitioning the Legislative Research Commission to establish a special Task Force on Collective Bargaining for State Employees.
HR 184, by Representatives Cyrus and Butler: A RESOLUTION pertaining to cost-of- living pension adjustments for state employees.
HJR 185, by Representative Worthington: A JOINT RESOLUTION esta bliahing a highway Sonstruction plan.
HCR 186, by Representatives Morris, A. Jones, Richards and B. Richardson: A CONCURRENT . RESOLUTION directing the Task Force on Economic Development and Tourism to conduct a feasibility study concerning the construction of a regional airport in the western part of the state.
HCR 187, by Representatives Freibert and Lile: A CONCURRENT RESOLUTION requesting and petitioning the Congress of the United States to propose an amendment to the Constitution of the United States of America for submission to the states to limit the number of terms which members of Congress are eligible to serve.
«
1438 _ JOURNAL OF THE HOUSE OF REPRESENTATIVES
Posting of Bills and Resolutions for Consideration
The Clerk announced the following Bills and Resolutions have been posted for Committee consideration:
Cities: HB 731, HB 755, HB 809.
Labor and Industry: HB 684, HB 690, HB 718, HB 735, HB 785, SCR 72..
Energy: HB 791. ; Transportation: HB 51, HB 313, HB 474, HB 549, HB 630, HB 635, HB 659, HB 678, HB 696,
HB 707, HB 723, HB 724, HB 751, HB 780, SB 34, SB 81, SB 237. Counties and Special Districts: HB 327, HB 379, HB 451, HB 515, HB 611, HB 632, HB 660,
HB 767, HCR 163, SB 270. griculture and Smajl Business: HB 743.
t
The Clerk announced the following Bills have been withdrawn from Committee Consideration:
Energy: HB 74. | |
Counties and Special Districts: HB 326, HB 571, SB 64.
Representative Mack moved the rules be suspended for the purpose of recording a vote. Agreed.
Representative Mack moved that his vote be changed from “yea” to “nay” on SB 29. Agreed.
Representative Reinhardt moved the rules be suspended for the purpose of recording a vote. Agreed.
’ Representative Reinhardt moved that he be recorded as voting “yea” on HB 560. Agreed.
Representative Brown moved that the rules be suspended to withdraw HB 819. Agreed.
Representative P. Richardson moved the rules be suspended to act upon a Legislative Citation. Agreed.
Representative P. Richardson moved the adoption of the following Legislative Citation No. 58. Agreed.
The House of Representatives of the Commonwealth of Kentucky hereby commends you Glenn D. Stanfield, Sr., for your perseverance in the quest of furthering your educational endeavors. Your repeated quest for certified notification that you are fully qualified for the role as an auctioneer, despite physical handicaps and the fact that you supplemented your income as a truck driver stands as a testimony to your assertiveness and your dedication to further educational excellence.
This prestigious body joins Representative Paul Richardson in saluting and congratulating you on your fine accomplishment. |
Representative K. Harper moved the rules be suspended to act upon a Legislative Citation. Agreed.
Representative K. Harper moved the adoption of the following Legislative Citation No. 54. Agreed.
+ . F a
“Qutstanding Young Leader Award”.
This prestigious body joins Representative Ken Harper in congratulating you on receiving this much deserved honor. We extend to you our appreciation for your efforts and best wishes for continued success in the future.
Representative P. Richardson moved that the rules be suspended to act upon a Resolution. Agreed. Representative P. Richardson moved the adoption of the following HR 168: HR 168, A RESOLUTION directing the Secretary of Transportation to consider the construction of
access ramps at the junction of KY 974 and the Mountain Parkway.
&
FRIDAY, MARCH 2, 1990 1439
WHEREAS, there are no entrance and exit ramps which access the Mountain Parkway in Clark County other than the access point heading east on Interstate 64 which is the beginning of the parkway; and
WHEREAS, this lack of access denies the residents of Clark County who live outside the city limits of Winchester use of the Mountain Parkway without taking a long, circuitous route into Powell County; and
WHEREAS, the primary reason for the lack of access in the past was to protect the integrity of the Mountain Parkway by requiring its users to pay tolls and that reason is no longer valid because the tolls have been removed; and
WHEREAS, since the tolls have been removed there is a great need to provide additional access to the Mountain Parkway, not only for easing the travel of county residents, but also to aid the county in its ability to attract businesses into the area; and
WHEREAS, the junction of KY 974 and the Mountain Parkway is the most logical point for the construction of ramps accessing the Mountain Parkway for the rural residents of Clark County because of the population which would be served; and
WHEREAS, the construction of these ramps could be accomplished by including the project as part of the bond issue being proposed by the Transportation Cabinet for the upcoming biennium;
NOW, THEREFORE, Be it resolved by the House of Representatives of General Assembly of the Commonwealth of Kentucky:
Section 1. That the Secretary of Transportation be directed to consider constructing access ramps at the junction of the Mountain Parkway and KY 974.
Section 2. That the funds for this construction project could be provided from the bond issue being proposed by the Transportation Cabinet and approved by the General Assembly for the 1990-1992 biennium.
Section 3. That a copy of this resolution be sent to the Governor of the Commonwealth of Kentucky and the Secretary of the Kentucky Transportation Cabinet.
HR 168 was adopted by voice vote. Representative Adkins moved that the rules be suspended to act upon a Resolution. Agreed. Representative Adkins moved the adoption of the following HR 177:
HR 177, A RESOLUTION urging the United States Postal Service to issue commemorative stamps honoring the late Chief Justice Fred M. Vinson of Kentucky. '
WHEREAS, The Honorable Fred M. Vinson was born in Louisa in Lawrence County, Kentucky on January 22, 1890; and . 9
WHEREAS, The Honorable Fred M. Vinson rose from humble beginnings to become a United States Congressman from Kentucky; and
WHEREAS, The Honorable Fred M. Vinson, because of his outstanding vision and abilities, was named to serve as the Secretary of the Treasury of the United States and in many other important government positions; and
WHEREAS, during World War II the Honorable Fred M. Vinson was appointed by President Roosevelt — to head-the Economic Stabilization Board to stabilize prices due to production shortages; and
WHEREAS, The Honorable Fred M. Vinson served the people of this nation as Chief Justice of the Supreme © Court of the United States from 1946 until his death in 1953;
NOW, THEREFORE, Be it resolved by the House of Representatives of the General Assembly of the Commonwealth of Kentucky:
Section 1. That the House of Representatives urges the United States Postal Service to issue commemorative stamps honoring former Chief Justice Fred M. Vinson of Kentucky.
Section 2. That the Clerk of the House send a copy of this resolution to the Postmaster General, U.S. Postal Service, 475 L’Enfant Plaza, S.W. Washington, D.C. 20260-6700.
HR 177 was adopted by voice vote.
1440 JOURNAL OF THE HOUSE OF REPRESENTATIVES
Recess
Representative Stumbo moved that the House recess for five minutes for a meeting of the Committee on Rules. Agreed.
At the appointed hour, the Speaker resumed the Chair and called the House to order. , Motions, Petitions and Communications Representative Stumbo moved that the rules be suspended to clear the record. Agreed.
Representative Stumbo moved that the previous motion that HB 428 be recommitted to the Committee on Rules be withdrawn. Agreed.
Representative Stumbo moved that HB 428 be reassigned to the Committee on Economi¢ Development and Tourism. Agreed.
Representative Stumbo moved that when the House adjourns today, it do so by voice vote. Agreed.
Representative Stumbo moved that when the House adjourns today, it do so until 4:00 p.m., Monday, March 5, 1990. Agreed.
Representative Stumbo moved that no further business be conducted on this day except for Introduction of Bills and Resolutions, Committee Reports and Posting of Bills and Resolutions for Consideration. Agreed.
Recess
Representative Stumbo moved that the House recess until 12 noon for the purpose of filing of Bills and Resolutions. Agreed.
At the appointed hour, the Speaker Pro Tempore resumed the Chair and called the House to order. Introduction of Bills and Resolutions
HB 934, by Representative Gray: AN ACT relating to evidence in driving under the influence cases.
HB 935, by Representative Gray: AN ACT relating to poisonous substances.
‘HB 936, by Representative LeMaster: AN ACT relating to planning and zoning.
HB 937, by Representative Adkins: AN ACT relating to health insurance for state employes.
HB 938, by Representative Noland: AN ACT relating to the film industry.
HB 939, by Representative B. Smith: AN ACT relating to police and firefighter retirement funds in cities of the second class.
HER 188, by Representative Clarke: ACONCURRENT RESOLUTION authorizing and directing a study to determine a strategy for implementing a system of performance measures for Kentucky’s state government programs and agencies
Posting of Bills and Resolutions for Consideration
The Clerk announced the following Bills have been posted for Committee cotisideration:
. Labor and Industry; HB 839, HB 840, HB 841. Announcements
The Clerk announced the filing of the following Fleor Amendments:
Floor Amendment No. 1 to the Committee Substitute to HB 425, by Representative Mason:
Amend printed copy of HB 425/HCS on page 77, line 10, delete “57” and insert in lieu thereof “55”: _ And on page 85, delete lines 10 through 26;
And on page 86, delete lines 1 through 26;
And 6n page 87, delete lines I through 26;
FRIDAY, MARCH 2, 1990 | 4441
And on page 88, delete lines 1 through 26;
And on page 89, delete lines 1 through 26;
And on page 90, delete lines 1 through 26;
And on page 91, delete line 1 and renumber remaining sections accordingly;
And on page 97, line 3, delete “55, 56, or 57” and insert in lieu thereof “52, 53, or 54”, . And on page 112, line 15, delete “64” and insert in lieu thereof “62”:
And on page 119, line 5, delete “68” and insert in lieu thereof “66”.
Floor Amendment No. 2 to the Committee Substitute to HB 639, by Representative Burch: ©
Amend printed copy of HB 639/HCS on page 3, line 23, by deleting the words “may in its discretion,” and inserting in lieu thereof the word “shaif’;
And on page 8, line 25, by deleting the words “However, in”;
And on page 8, by deleting line 26'in its entirety;
And on page 4, by deleting lines 1 through 5 in their entirety.
Floor Amendment No. 3 to the Committee Substitute to HB 639, by Representative Burch: Amend printed copy of HB 639/HCS on page 27, by deleting line 20 in its entirety.
Floor Amendment No. 4 to the Committee Substitute to HB 639, by Representative Burch:
Amend printed copy of HB 639/HCS on page 27, line 17, by inserting after the words “Section 16.”, the following phrase: , :
“KRS 406.111 is amended to read as follows:
If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be resolved accordingly. If the experts disagree in their findings or conclusions, the question may be submitted upon all the evidence. If the court finds that the statistical probability of paternity equals or exceeds ninety-nine percent (99%), as calculated by the experts qualified as examiners of genetic markers and that the paternity index, as calculated by the experts qualified as examiners of genetic markers, is one hundred (100) to one (1) or greater, there shall be a rebuttable presumption, affecting the burden of proof, of paternity. This presumption may only be rebutted by a preponderance of the evidence. The court may enter a summary judgment of paternity without trial upon failure of the alleged father to present to the court credible evidence to rebut the presumption of paternity.
(2) As used in this section:
(a) “Genetic markers’’ mean separate identifiable genes or complexes of genes generally isolated as a result of blood typing, at least seven (7) of which are normally tested in a paternity determination; and
(b) °‘Paternity index’’ means the commonly accepted indicator used for denoting the existence of paternity. It represents the mathematically computed probability that the putative father is the true father of the child, as opposed to any other man of similar ethnic background. The paternity index, computed using results of various paternity tests following accepted statistical principles for the computation of probability, shall be in accordance with the method of expression accepted at the international conference - on parentage at Arlie House, Virginia, May, 1982, sponsored by the American Association of Blood Banks evidence is within the diseretion ef the court; depending upen the infrequeney ef the bleed type R
Section 17.” - Floor Amendment No. 5 to the Committee Substitute to HB 639, by Representative Burch:
Amend printed copy of HB 639/HCS on page 26, line 19, by inserting the year “7990,” after “July 15,”; and by bracketing and striking through the words “1988, in”:
And on page 26, line 21, by bracketing and striking through the words “the order or decree”;
1442 . JOURNAL OF THE HOUSE OF REPRESENTATIVES
And on page 26, line 21, by inserting after the word “shall”, the words “provide for a wage assignment which shall begin immediately except for good cause shown. If good cause is shown, the wage assignment Shall take effect when”;
And on page 26, line 22, by bracketing and striking through the words “include a provision that if”; And on page 26, lines 23 and 24, by inserting a bracket preceding the following: “, a wage assignment”; And on page 26, line 24, by deleting only the brackets preceding and after the following: “pursuant te 405- 465”: And on page 26, line 24, by placing strikethroughs through the words “may issue” and by inserting a bracket after the word “issue”. Floor Amendment No. 6 to the Committee Substitute to HB 639, by Representative Burch:
Amend printed copy of HB 639/HCS on page 7, line 24, by deleting the number “147” and inserting in lieu thereof the number “177”.
And on page 7, line 25, by deleting the number “1792” and inserting in lieu thereof the number “203”;
And on page 7, line 26, by deleting the numbers “216” and “248” and inserting in lieu thereof the numbers “261” and “266” respectively; — ;
And on page 8, by deleting lines 1 through 26 in their entirety and inserting in lieu thereof the following:
“1,000 195 303 325 330 335 340 7,100 212 324 384 389 394 399 1,200 229 346 433 446 4571 456 7,300 246 367 460 504 510 515 1,400 262 392 491 554 576 582 1,500 277 417 522 588 .642 650
.1,600 293 437 548 618 674 717 1,700 308 458 574 647 706 755 7,800 322 478 599 675 736 788 7,900 336 495 620 699 763 816 2,000 350 512 642 723 789 844 2,100 364 529 663 747 815 872 2,200 376 546 684 771 847 900 2,300 389 — 563 706 795 — ‘868 928 2,400 401 580 — 727 819 894 956 2,500 413 597 749 843 920 984 2,600 424 614 770 867 — 946 1,012 2,700 435 630 790 889 970 1,038 2,800 445 - 646 809 911 994 1,064 2,900 455 662 829 934 7,019 7,090 3,000 465 677 849 956 1,043 1,116 3.700 475 693 868 978 1,067 1,142 3,200 485 709 888 7,001 1,092 1,168 3,300 495 725 908 1,023 7,116 1,194 3,400 506 741 928 1,045 1,140 1,220 3,500 516 757 947 1,067 1,164 ~— 1,246”
And on page 9, by deleting lines 1 through 26 in their entirety, and inserting in lieu thereof the following: “3,600 526 733 967 71,090, 71,189 1,272
FRIDAY, MARCH 2, 1990 1448
3.700 536 790 988 1,113 1,215 1,299 3,800 548 808 1,011 1,139 1,243 1,359 3.900 559 826 1,033 1,164 1,270 1,359 4,000 571 844 1,056 1,190 1,298 1,338 4,100 580 862 1,078 1,215 1,326 1,418 4,200 592 - 880 1,101 1,240 1,353 1,448 4,300 - 603 ~—898 1,123 1,266 1,381 1,477 4,400 615 916 1,146 1,291 1,409 1,507 4,500 626 933 1,167 1,316 1,435 1,535 4,600 636 949 1,181 1,338 1,459 1,561 4,700 647 964 1,200 1,360 1,483 1,586 4,800 657 980 1,220 1,381 1,507 1,612 4,900 667 995 1,239 1,403 1,531 1,637 5,000 676 1,010 1,257 1,424 1,554 1,661 5,100 . 686 1,025 1,275 1,444 1,576 1,685 5,200 . 695 1,039 1,294 1,465 1,599 1,709 5,300 705 1,054 1,312 1,486 1,621 1,773 5,400. 714 1,069 1,330 1,506 1,644 1,757 5,500 |, 724 1,083 1,348 1,527 1,666 1,781 5,600 733 1,098 1,367 1,548 1,689 1,805 5,700 . 743 1,113 1,385 1,568 1,712 1,829 5,800 753 1,127 1,403 1,589 1,734 1,853 5,900 762 1,142 1,421 1,610 1,757 1,877 6,000 772 1,157 1,440 1,630 1,779 1,901 6,100 781 1,171 1,458 1,651 1,802 1,926”
And on page 10, by deleting lines 1 through 26 in their entirety, and inserting in lieu thereof the following:
“6,200 791 1,186 1,476 1,672 1,824 1,950 - 6,300 800 1,198 1,498 1,690 1,844 1,970 6,400 808 1,209 7,511 1,705 1,860 ° 1,988 6,500 816 7,219 1,524 1,720 1,876 2,005 6.600 823 1,230 1,538 1,735 1,893 2,023 6,700 830 1,240 1,551 1,750 1,909 2,040 6,800 837 1,257 1,564 1,764 1,925 2,058 6,900 844 1,261. 1,577 1,779 1,942. 2,075 7,000 851 1,272 7,591 1,794 7,958 2,093 7,100 858 1,282 1,604 1,809 1,975 2,110 7,200 865 1,293 1,617 1,824 7,991 2,127 7,300 872 1,303 1,630 1,839 © 2,007 2,145 7,400 879 7,313. (1,644 1,854 2,024 2,162 7,500 885 1,324 1,657 1,869 2,040 2,179 7,600 891 1,333 1,668 7,881 2,053 | 2,194 7,700 896 1,342 1,679 1,893 * 2,066 2,208 7,800 901 71,350 7,691 71,905 2,079 2,223 7,900 907 1,359 1,702 1,917 2,093 2,238 8,000 912 1,368 1,713 1,929 2,106 2,252
8,100 917 1,377 1,724 1,941 2,119 2,267
1444 ; JOURNAL OF THE HOUSE OF REPRESENTATIVES
8,200 922 7,386 1,736 1,953 2,133 2,281 8,300 928 7,395 1,747 1,965 2,146 2,296 8,400 933 1,404 1,758 1,977 2,159 2,311 8,500 938 1,413 1,769 1,989 2,173 2,325 8,600 944 1,421 1,780 2,002 2,186 2,340 8,700 949 1,430 1,792 2,014 2,199 2,354”
And on page 11, by deleting lines 1 through 13 in their entirety, and inserting in lieu thereof the following:
“8,800 954 1,437 1,800 2,024 2,210 2,366 8,900 958 1,444 1,809 2,033 2,220 2,376 9,000 962 1,450 1,817 2,042 2,230 2,387 9,100 966 1,457 © 1,825 2,052 2,241 2,398 9,200 971 1,463 1,833 2,067 — 2,251 2,408 9,300 975 1,470 1,842 2,070 2,261 2,419 9,400 _ 979 1,476 1,850 2,079 2,271 2.430 9,500 983 © 1,483 1,858 2,089 2,281 2,440 9,600 . 988 1,489 1,866 2,098 2,291 2,451 9.700 992 1,496 1,874 2,107 2,301 2,461 9,800 996 7,502 1,883 2,117 2,311 2,472 9,900 7,000 1,508 1,891 2,126 2,321 2,483
10,000 Pea 1,515 1,899 2,165 2,331 2,493”.
Floor Amendment No. 4 to the Committee Substitute to SB 68, by Representative Morris:
Amend printed copy of HCS for SB 68 on page 1, line 1, through page 4, line 20, on page 1, line 1, through page 4, line 20, by deleting Section 1 in its entirety and renumbering the remaining sections to conform.
And on page 15, line 8,
After the word “homes,” by inserting “hospitals;”.
And on page 15, line 25,
After the word “regulation.” by inserting “Hospital based long-term care beds and psychiatric beds shall not be exempt from certificate of need requirements.”
And on page 16, line 1,
By deleting lines 1 through 8.
And on page 16, line 9,
By deleting “/3)” and by removing the brackets and strike throughs from “(2)”. And on page 24, line 17,
By deleting lines 17 through 26.
And on page 25, line 1,
By deleting lines 1 through 26,
And on page 26, line 1, ’
By deleting line 1 through 10,
And on page 55, line 17, through page 56, line 11, By deleting SECTION 17 in its entirety.
~ FRIDAY, MARCH 2, 1990 1445 -
The Clerk announced the following meeting: _ Adjournment Representative Stumbo moved that the House adjourn until 4:00 p.m., Monday, March 5, 1990.
_ The motion that the House adjourn until 4:00 p.m., Monday, March 5, 1990 was adopted by voice vote.
1447
MONDAY, MARCH 5, 1990 THIRTY-NINTH LEGISLATIVE DAY The House was called to order by Speaker Blandford. . Prayer by Rev. Jeffrey L. Hawkins, Westview Baptist Church, Frankfort. The Speaker led the members in the Pledge of Allegiance to the Flag. The roll was called. All members present.
Representative McElroy moved that the reading of the Journal of March 2, 1990 be dispensed with and the same approved. Agreed.
Senate Message ©
Announcing passage of SB 239, SB 245, SB 304, SB 306,SB 312,SB 315, SCR 71,SCR 73, SJR 85, HB 73 with Senate Amendments, HB 88 with Senate Amendments, HB 350 with Senate Amendment, HB 57, HB 83, HB 84, HB 149, HB 237, HB 268, HB 270, HB 317, HB 344, HB 404 and HB 532.
Report on Enrolled Bills
The Committee on Enrollment reported HB 321 and HB 422 have been examined and found correctly enrolled. Said Bills read at length, compared and signed in open session by the Speaker. Ordered delivered to the Senate. (Time - 4:04 p.m.)
HB 321 and HB 422 delivered to the Senate, signed by the President. Ordered delivered to the Governor. | Introduction of Bills and Resolutions HR 189, by Representative Little: A RESOLUTION honoring Chapter 1. Reference of Bills and Resolutions The Clerk reported the Committee on Committees has referred the following Bills and Resolutions: Agriculture and Small Business: HB 935.
Appropriations and Revenue: HB 864,HB 885,HB 886,HB 905, HB 914, HB 919, HB 929, HB 939, HJR 171, SB 297, SB 298. .
Banking and Insurance: HB 867, HB 900, HB 912, HB 937. Business Organizations and Professions: HB 872, HB 874, HB 897, HB 909, HB 911, HB 923.
Counties and Special Districts: HB 866.
Economic Development and Tourism: HB 881,HB 901,HB 904,HB 917,HB 921, HB 938, HCR 169, HCR 170, HJR 178, HJR 179, HCR 182, HCR 186.
Education: HB 878, HB 890, HB 891, HB 894, HB 895, HB 898, HB 903, HB 910, HB 927, HB 928, HB 933.
Elections and Constitutional Amendments: HB 922, HB 932, HCR 187. Energy: HB 936. Health and Welfare: HB 880, HB 887, HB 888, HB 899, HJR 173.
Judiciary: HB 869, HB 875, HB 883, HB 884, HB 889, HB 892, HB 913, HB 916, HB 918, HCR 180.
Labor and Industry: HB 865, HB 871, HB 907, HB 908, HB 924, HB 926, HJR 183. Natural Resources and Environmental Protection: HB 893, HB 915, HB 920.
State Government: HB 873, HB 876, HB 877, HB 879, HB 896, HB 902, HB 906, HB 925, HB 930, HB 931, HJR 174, HCR 175, HCR 188, SB 184.
Transportation: HB 868, HB 870, HB 882, HB 934, HJR 185, SB 158.
*
1448 JOURNAL OF THE HOUSE OF REPRESENTATIVES
Report of Committees
The Committee on Rules reported HB 115, HB 261, HB 318, HB 423, HB 442, HB 444, HB 508, HB 520, HB 534, HB 553, HB 577, HB 586, HB 594, HB 595, HB 600, HB 605, HB 615, HB 616, HB 643, HB 679, HB 713, HCR 76 and SB 52 has been posted for passage in Orders of the Day, March 6, 1990.
Posting of Bills and Resolutions for Consideration The Clerk announced the following Bills and Resolution have been posted for Committee consideration:
Banking and Insurance: HB 631, HB 641, HB 677, HB 745, HB 765, HB 774, HB 783, HB 818, HB 834, SB 150, SB 182, SB 242.
Judiciary: HB 199, HB 201, HB 559, HB 656. Health and Welfare: HB 663, HB 838, HB 887, HB 888, HB 781, HCR 159. Calendar
HB 123, HB 189, HB 355, HB 492 and HB 448 taken from the Calendar and ordered read at length _ for the second time. Representative Stumbo moved that they be read by title only. Agreed by a majority of members elected. Ordered referred. to the Committee on Rules.
Consent Calendar
HB 188 and HB 501 taken from the Consent Calendar and ordered read at length for the second time. Representative Stumbo moved that they be read by title only. Agreed by a majority of members elected. Ordered referred to the Committee on Rules.
Orders of the Day
HB 100, with Committee Substitute and Floor Amendment attached thereto, taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected.
Representative L. Clark moved the adoption of Committee Substitute to HB 100. Agreed.
Representative A. Jones moved the adoption of Floor Amendment No. 1 to the Committee Substitute _ to HB 100. Agreed.
Representative L. Clark moved that HB 100, by way of Committee Substitute as amended, be passed. On the roll call the vote was: Yeas 91, Nays 1. (See March 5, 1990 roll callon HB 100 - Appendix.) HB 100, by way of Committee Substitute as amended, was passed and the title agreed to.
- Representative L. Clark moved that the vote by which HB 100, by way of Committee Substitute as amended, was passed be reconsidered and said motion be placed on the table. Agreed.
HB 503, with Committee Substitute and Floor Amendment attached thereto, taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected.
Representative Crupper moved the adoption of Committee Substitute to HB 503. Agreed.
Representative Crupper moved the adoption of Floor Amendment No. 1 to the Committee Substitute to HB 503. Agreed.
Representative Crupper moved that HB 503, by way of Committee Substitute as amended, be passed. On the roll call the vote was: Yeas 94, Nays 0. (See March 5, 1990 roll call on HB 503 - Appendix.) HB 503, by way of Committee Substitute as amended, was passed and the title agreed to.
Representative Crupper moved that the vote by which HB 503, by way of Committee Substitute as amended, _ was passed be reconsidered and said motion be placed on the table. Agreed.
HB 102, with Committee Substitute attached thereto, taken from the Orders of the Day : and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected.
MONDAY, MARCH 5, 1990 1449
Representative Ridley moved the adoption of Committee Substitute to HB 102. Agreed. Representative Ridley moved that HB 102, by way of Committee Substitute, be passed.
On the roll call the vote was: Yeas 94, Nays 0. (See March 5, 1990 roll dalton HB 102 - Appendix.) HB 102, by way of Committee Substitute, was passed and the title agreed to. .
Representative Ridley moved that the vote by which HB 102, by way of Committee Substitute, was passed be reconsidered and said motion be placed on the table. Agreed.
SB 213 taken from the Orders of the Day and ordered read at length for the third time. Ravresentative TO moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected
Representative LeMaster moved that SB 213 be passed. On the roll call the vote was: Yeas 96, Nays 0. (See March 5, 1990 roll call on SB 2183 - Appendix.) SB 213 was passed and the title agreed to.
Representative LeMaster moved that the vote by which SB 213 was passed be reconsidered and said motion be placed on the table. Agreed.
SB 214 taken from the Orders of the Day and ordered read at length for the third time. Representative Lue moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected
Representative LeMaster moved that SB 214 be passed. On the roll call the vote was:.Yeas 94, Nays 0. (See March 5, 1990 roll call on SB 214 - Appendix.) SB 214 was passed and the title agreed to.
Representative LeMaster moved that the vote by which SB 214 was passed be reconsidered and panid ‘motion be placed on the table. Agreed.
HB 581 taken from the Orders of the Day and ordered read at length for the third time. Representative stubo moved that it be read by title iad and placed upon its passage. Agreed by a majority of members electe
Representative Allen moved that HB 581 be passed. On the roll call the vote was: Yeas 78, Nays 11. (See March 5, 1990 roll call on HB 581 - Appendix.) HB 581 was passed and the title agreed to.
Representative Allen moved that the vote by which HB 581 was passed be esnaiaarel and said motion be placed on the table. Agreed.
HB 599, with Committee Substitute attached thereto, taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected.
Representative Ballard moved the adoption of Committee Substitute to HB 599. Agreed. Representative Ballard moved that HB 599, by way of Committee Substitute, be passed.
On the roll call the vote was: Yeas 94, Nays 0. (See March 5, 1990 roll call on HB 599 = Appendix.) HB 599, by way of Committee Substitute, was passed ‘and the title agreed to.
Representative Ballard moved that the vote by which HB 599, by way of Committee Substitute, was passed be reconsidered and said motion be placed on the table. Agreed.
SB 57 taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected.
Representative Cyrus moved that SB 57 be passed.
1450 - JOURNAL OF THE HOUSE OF REPRESENTATIVES
On the roll call the vote was: Yeas 93, Nays 0. (See March 5, 1990 roll call on SB 57 - Appendix.) SB 57 was passed and the title agreed to.
Representative Cyrus moved that the vote by which SB 57 was passed be reconsidered and said motion be placed on the table. Agreed.
SB 166 taken from the Orders of the Day and ordered read at length for the third time. Representative ee moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected.
Representative Sheehan moved that SB 166 be passed. On the roll call the vote was: Yeas 82, Nays 5. (See March 5, 1990 roll call on SB 166 - Appendix.) SB 166 was passed and the title agreed to.
Representative Sheehan moved that the vote by which SB 166 was passed be reconsidered and said motion be placed on the table. Agreed.
Report on Enrolled Bills
The Committee on Enrollment reported SB 29 had been examined and found correctly enrolled. Said os read at length, compared and signed in open session by the Sl Ordered delivered to the Senate. Time - 4:26 p.m.)
Orders of the Day (Continued)
HB 395, with Committee Amendment attached thereto, taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected.
Representative Little moved the adoption of Committee Amendment No. 1 to HB 395. Agreed. Representative Little moved that HB 395, as amended, be passed.
On the roll call the vote was: Yeas 96, Nays 0. (See March 5, 1990 roll call on HB 395 - Appendix.) HB 395, as amended, was passed and the title agreed to.
Representative Little moved that the vote by which HB 395, as amended’ was passed be reconsidered and said motion be placed on the table. Agreed.
HB 425, with Committee Substitute, Committee Amendments and Floor Amendment attached thereto, taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected.
Representative Mason moved the adoption of Committee Substitute to HB 425. Agreed. Representative Mason moved the adoption of Committee Amendment No. 1 to HB 425. Agreed.
Representative Mason moved the adoption of Floor Amendment No. 1 to the Committee Substitute to HB 425. Agreed.
‘Representative Riner moved the adoption of Committee Amendment No. 3 to HB. 425. Agreed. Representative Mason moved that HB 425, by way of Committee Substitute as amended, be passed. On the roll call the vote was: Yeas 84, Nays 0. (See March 5, 1990 roll call on HB 425 - Appendix.) HB 425, by way of Committee Substitute as amended, was passed and the title agreed to.
Representative Mason moved that the vote by which HB 425, by way of Committee Subetieute as amended, was passed be reconsidered and said motion be placed on the table. Agreed.
HB 628, with Floor Amendments attached thereto, taken from the Orders of the Day and ordered read at length for the third time. Representative Stumbo moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected.
Representative Gedling moved that HB 628 be passed.
MONDAY, MARCH 5, 1990 1451
Representative Northup moved the adoption of Floor Amendment No. 1 to HB 628. Representative Gedling inquired whether Floor Amendment No. 1 to HB 628 was a piggyback. The Speaker ruled that it was not a piggyback.
Floor Amendment No. 1 to HB 628 was rejected.
Representative Northup moved the adoption of Floor Amendment No. 2 to HB 628.
On the roll call the vote was yeas 20—Ackerson, Ark, Burch, Freibert, J. Harper, K. Harper, Heletiriger, Lear, Mack, Mason, Noe, Northup, Reinhardt, Scorsone, Sheehan, Siler, R. Smith, Stokes, Walker, Zimmerman. Nays 57—Adkins, Allen, Altman, Arnold, Ballard, Bentley, Blandford, Blevins, Bronger, Brown, Bruce, Butler, Castleman, L. Clark, P. Clark, Cline, Crupper, Curd, Curtsinger, Cyrus, Deskins, Donnermeyer, Ford, Gedling, Geveden, Gray, Gregory, Hancock, Hatcher, Hourigan, Jackson, A. Jones, Keith, Kerr, Layman, Long, Lyne, Maggard, McBee, McElroy, Moberly, Morris, Mullinix, Napier, Nelson, O’Brien, Overstreet, Preston, Pritchett,
Rapier, Richards, B. Smith, Stumbo, Turner, Ward, Worthington, Yates. Bloor Amendment No. 2 to HB 628 was rejected. Representative Gedling moved that HB 628 be passed. On the roll call the vote was: Yeas 81, Nays 11. (See March 5, 1990 roll call on HB 628 - Appendix.) HB 628 was passed and the title agreed to.
Representative Gedling moved that the vote by which HB 628 was passed be reconsidered and said motion be placed on the table. Agreed.
SCR 20 taken from the Orders of the Day and ordered read at length for the third time. Representative sey moved that it be read by title only and placed upon its passage. Agreed by a majority of members elected.
Representative Hancock moved that SCR 20 be passed.
On the roll call the vote was: Yeas 95, Nays 2. (See March 5, 1990 roll call on SCR 20 - Appendix.)
‘SCR 20 was passed and the title agreed to.
Representative Hancock moved that the vote by which SCR 20 was passed be reconsidered and said motion be placed on the table. Agreed.
Motions, Petitions and Communications Representative Stumbo moved that HB 462 be recommitted to the Committee on State Government. Agreed.
Representative Stumbo moved that HB 830 be reassigned to the Committee on Appropriations and Revenue. Agreed. '
Representative Stumbo moved that the rules be suspended for Introduction of Resolutions, Report of Committees and Posting of Bills and Resolutions for Consideration. Agreed.
Introduction of Bills and Resolutions HR 190, by Representative Ridley: A RESOLUTION honoring Fred Cecil Creasey.
HR 191, by Representative Heleringer: A RESOLUTION congratulating Joseph Conrad, the winner of the 1990 Poster Child Contest of the Kentucky Chapter of the Leukemia Society of America.
HR 192, by Representative Ackerson: A RESOLUTION honoring the Hurstbourne Christian Church Cub Scout Pack 8, Den 6. ‘
Posting of Bills aud Resolutions for Consideration The Clerk announced the following Bills and Resolutions have been posted for Committee consideration: Counties and Special Districts: HB 495.
Natural Resources and Environmental Protection: HB 80, SB 141, SB 149, SB 154, SB 155, SB 156, SB 190,SB 194,SB 202, SB 205, SB 218,SB 255, HCR 155, HCR 161.
- 1452 JOURNAL OF THE HOUSE OF REPRESENTATIVES
State Government: HB 686, HB 274, HB 275, HB 277, HB 278, HB 279, HB 280, HB 281, HB 282, HB 283, HB 284, HB 746, SB 269.
Economic Development and Tourism: HB 938, HB 428. Judiciary: HB 644. | Education: SB 86, HB 701, HB 824, HB 910, SB 207, SB at Appropriations and Revenue: SB 228, SB 4, HB 830.
Report of Committees
The Committee on Elections and Constitutional Amendments reported HB 15 with Committee Substitute -attached thereto, with the expression of opinion that the same should pass. Read at length for the first time and ordered placed in the Calendar.
HB 15, AN ACT relating to city elections.’ Bé it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS 83A.045 is amended to read as follows:
(1) Partisan elections of city officers shall be governed by the following provisions, regardless of the form of government or classification of the city:
(a) A candidate for party nomination to city office shall file his nomination papers with the county clerk of the county not less than one hundred twenty (120) [ninety (96)] days before the day. fixed by KRS Chapter 118 for holding a primary election. All nomination papers shall be filed no later than 4 p.m. local time when filed on the last day on which the [s#eh] papers are permitted to be filed.
(b) An independent candidate for nomination to city office shall not participate in a primary election, but shall file his nomination papers with the county clerk of the county not less than sixty-eight (68) days before the day fixed by KRS Chapter 118 for holding a regular election. All nomination papers shall be teh Bo nee than 4 p.m. local time when filed on the last day on which the [sueh] papers are permitted to be file
(c) A candidate for city office that is defeated in a partisan primary election shall be prohibited from seeking election to thé same office during the regular election by changing his registration to independent or by ee. a write-in campaign [being a registered party eandidate during @ primary election and if defeated in the primary; changing his registration te independent fer the purpese ef seeking the sante 6ffiee at the popular elacaos election for which he was defeated in the primary election]. DOW ANEr if a vacancy occurs in the party nomination for which he was an unsuccessful candidate in the primary election, his name may be placed on the voting machines for the regular election as a candidate of that party if he has been duly made the party nominee after the vacancy occurs, as provided in KRS 118.105.
(2) Nonpartisan elections of city officers shall be governed by KRS 83A.050, 88A.170, 83A.175 and the following provisions, regardless of the form of government or classification of the city:
(a) A candidate for city office shall file his nomination papers with the county clerk of the county not less than one hundred twenty (120) [ninety (90)] days before the day fixed by KRS Chapter 118 for holding a primary election. All nomination papers shall be filed no later than 4 p.m. local time when filed on the ~ last day on which the [seh] papers are permitted to be filed;
(b) Any city of the fourth to sixth class may by ordinance provide that the nomination and election of candidates for city office in a nonpartisan election shall be conducted pursuant to the provisions of this subsection:
1. A city may forego conducting a nonpartisan primary election for the nomination of candidates to city office, regardless of the number of candidates running for each office, and require all candidates to file their nomination papers with the county clerk of the county no less than sixty-eight (68) days before the day fixed by KRS Chapter 118 for holding a regular election.
2. All nomination papers shall be filed no later than 4 p.m. local time when filed on the last day on which the [sueh] papers are permitted to be filed.
3. Ifa city does not conduct a primary election pursuant to this subsection, the election of candidates to city office shall be governed by the provisions of this subsection, KRS 838A. 175(2) to (6) [9], and KRS Chapters 116 to 121.
MONDAY, MARCH 5, 1990 1453
A. If a city does not conduct a primary election pursuant to this subsection, candidates for city office shall not be required to make pre-election reports to the registry of election finance pursuant to KRS 121.180, but shall be required to make post-election reports within thirty (30) days after the regular election in November.
5. Inthe absence of a primary pursuant to this subsection, the number of candidates equal to the number of city offices to be filled, who receive the highest number of votes cast in the regular election for each city office shall be elected.
6: Candidates shall be satire to all other applicable election laws pursuant to this. chapter and KRS Chapters 116 to 121.
7. If a vacancy occurs in a candidacy for city office in any city which has not held a primary pursuant to this subsection after the expiration of time for filing nomination papers due to the death, incapacity or withdrawal of a candidate, or if there are fewer candidates than there are offices to be filled, the vacancy in candidacy shall be filled in the following manner:
a. If the vacancy in candidacy occurs less than sixty-eight (68) days but more than thirty (30) days. prior to the regular election, candidates shall file petitions of nomination to fill the vacancy with the county clerk not less than thirty (30) days prior to the regular election.
b. Uf the vacancy in candidacy occurs less than thirty (30) days prior to the regular election, candidates shall not file petitions of nomination to fill the vacancy with the county clerk, but shall seek election by write-in vote. If no person is elected to the office by write-in vote at the regular election, the vacancy in office shall be filled temporarily by appointment by the officer or body designated by law to fill the appointment. {Hf the vaeaney in candidacy oeeurs jess than thirty (80) days prier te the regular eleetion and there are ne remaining candidates running to fil the effiee for whieh a vaeaney has ecetrred, the effiee shall remain vaeant until efter the regular eleetion and if ne person is eleeted te the office by write-in baHets at the regular ye rr ee eterna eee eer pe ree cena rer OE et
appointment:
Section 2. KRS 117.265 is amended to read as follows:
(1) A voter may, at any general or special election, cast a write-in vote for any eligible person whose name does not appear upon the ballot label as a candidate, by writing the name of his choice upon the appropriate device for the office being voted on provided on the voting machine as required by KRS 117.125. Any candidate for city office who is defeated in a partisan primary election shall be prohibited from seeking election to the same office in the regular election by conducting a write-in campaign and shall be ineligible to have his name placed on a voting machine or upon a special ballot by write-in vote. Any voter utilizing a special ballot may write in a vote for any eligible person whose name does not-appear upon the ballot, by writing the name of his choice under the office.
(2) Two (2) election officers of opposing parties shall upon the request of any voter instruct the [sueh] voter on how to cast a write-in vote.
(8) This provision shall [dees] not apply to elections for President and Vice President of the United States where the vote is cast for presidential electors rather than the candidatel; ner dees it apply te eleetions fer municipal offiees eondueted purstiant te KRS 86A170].
Section 3. KRS 83A.165 is amended to read as follows:
(1) A candidate running to fill the unexpired term of any city office shall file his nomination papers — in accordance with the provisions of KRS 834.045, 118.365, and 118.375.
(2) Vacancies in the office of mayor or city legislative body that are to be filled temporarily by appointment shall be governed by the provisions of KRS 83A.040 and Section 152 of the Kentucky Constitution.
(3) Vacancies in the office of mayor or city legislative body that are to be filled by partisan election shall be governed by the following provisions:
(a) Vacancies in candidacy shall be governed by KRS 118.105;
; (b) Nominations for unexpired terms shall be governed by KRS 118.115 and Section 152 of the K entucky Constitution; and
(c) Independent candidates filing to fill a vacancy shall be governed by KRS 118.375.
(4) Vacancies in the office of mayor or city legislative body that are to be filled by ponpatiean election shall be governed by the following provisions:
1454 JOURNAL OF THE HOUSE OF REPRESENTATIVES
fa} If the vacaney eccurs not less than one hundred five (105) days before a May primary, candidates to fill the vacancy shall be nominated at that primary in the manner prescribed in KRS 83A.170; and
(b) Hf the vacancy oceurs on or after the one hundred fifth day before a May primary, the election to fill the unexpired term shalf be held in the manner prescribed in Section 152 of the Kentucky Constitution; and
fe} Vacancies in candidacy in any city of the fourth to sixth class, that has not conducted a nonpartisan primary election shalt be sderbntiey by the provisions of KRS 83A.045(2)(b) 7. [Fhe eleetion te fil the term of any city effiee shall be held in aceordanee with the preeedures deseribed in this chapter, KRS Chapters | 446 te 124; and Seetion 152 ef the Constitutien of Kentueky-] ‘
Seetion 4. KRS 83A.170 is amended to read as follows:
(1). In any eity which has under the provisions of KRS 834.045 or 83A.050 required nonpartisan city elections, or in any eity of the seeond class operating under the city manager form of government pursuant to KRS 834.150, no person shall be elected to city office except as provided in this section or as otherwise provided in this chapter relating to nonpartisan elections. '
(2) No person shall be eleeted to city office without being nominated in the manner provided in this seetion at a nonpartisan primary election to be held at the time prescribed by KRS Chapters 116 to 121, except as otherwise provided i in this chapter. Nonpartisan primary elections shall be conducted by the same officers, chosen and acting in the same manner, with the same rights and duties as in regular elections.
(3) Each applicant for nomination shall, by at least the last date prescribed by the election law generally . for filing notification and deelaration forms with the county elerk, file with the county clerk a pen signed by at least two (2) registered voters in the city. Each voter may sign [@ stated petition up te of effiees te be filed for a partieular pesitien er may sign] individual petitions equal to the number of offices to be filled. If a voter signs petitions for more candidates than he is authorized, [then] he shall be counted as a petitioner for the candidate whose petition is filed first. The petition shall be in the following form:
. “We the undersigned, qualified voters of the City of _____L__EE request that the name
of ___._______sribe placed before the voters of the city as that of an applicant for nomination
for the office of _____l_.._.___at the primary election to be held in our city on the date prescribed
by law for primary elections generally. We know the applicant to be a qualified voter of the city and a person of good character, and he is, in our judgment, qualified for the duties of the office.
Social Security Name Street Address Number
”
The petition shall be verified by the affidavit of some person as to the genuineness of signatures and addresses of the signers. [Ne veter shall sign mere than ene 4) petition with reference te eaeh applicant. Hf any veter signs more then ene G) petition ef an applicant; the name ef that veter shalt net be eounted as valid on any petitien:]
(4) The county clerk shall examine the petition of each candidate to determine whether it is regular on its face. If there is an error, the county clerk shall notify the candidate by certified mail within twenty- ‘four (24) hours of filing.
(5) Immediately upon expiration of the time for filing petitions, the county clerk shall have published in accordance with KRS chapter 424 the names of the applicants as they wil] appear before the voters at the primary.
(6) Subsection (5) of this seetion shall not apply if it appears, immediately upon expiration of the time for filing petitions, that there are not more than two (2) applicants for nomination for each city office to be filled, or, when the nominations are for city legislative body members in cities electing legislative body members at large, and there are no more than twice the number of applicants for nomination for the number of offices to be filled. In that case, the applicants for nomination shall thereby be nominated and no primary election shall be held for that office. If, in accordance with the provisions of this section or KRS 83A.045(2)(bj, a primary election has not been held, candidates for nonpartisan city office shall not be required to make pre-election reports to the registry of election finance pursuant to KRS 121.180, but shall be required to make post-election reports within thirty (30) days after the regular election in November.
MONDAY, MARCH 5, 1990 1455
(7) The ballot position of a candidate shall not be changed after the ballot position has been designated by the county clerk.
(8) If before the ballots are printed, any candidate whose petition has been filed in the office of the county clerk dies or notifies the clerk in writing, signed and properly notarized[;] that he will not accept the nomination, the clerk shall not cause his name to be printed on the ballot.
(9) If, after the ballots are printed, any candidate whose name appears thereon shall die, the county clerk shall cause his name to be blocked out or obliterated from the ballot. The clerk shall not knowingly allow the name of a deceased person to appear on the ballot.
(10) Names of applicants for each nomination shall be placed before the voters of the city. The voters shall be instructed to vote for one (1) candidate, except that they shall be instructed to vote for the number of legislative body members to be elected in cities nominating legislative body members at large. No party designation oe emblem of any kind[;] nor any sign indicating any applicant’s political belief or party affiliation shali be used.
(11). Persons qualified to vote at a regular election shall be {are] qualified to vote at a nonpartisan primary election and the law applicable to challenges made at a regular election shall be [is] applicable to challenges made at a nonpartisan primary election.
(12) Votes shall be counted as provided in general election laws, pursuant to KRS Chapters 116 to 121, and the result shall be published as provided in KRS Chapter 424.
(13) The two (2) applicants receiving the highest number of votes for nomination for each city office shall be nominated, or where the nominations are for city legislative body members in cities electing legislative body. members at large, there shall be nominated the number of applicants receiving the highest number of votes equal to twice the number of offices to be filled.
(14) Atthe regular election following a nonpartisan primary election, the names of the successful nominees and candidates who have filed a petition of candidacy as provided in this chapter to fill a vacancy shall be placed before the voters.
(15) The nominee or candidate receiving the greater number of votes cast for each city office shall be elected.
(16) KRS Chapters 116 to 121 prescribing duties of county clerks and other public officers in the conduct of elections shall be applicable in all respects to nonpartisan city elections, except no election officer or other person within a polling place shall tell or indicate to a voter, by word of mouth or otherwise, the political affiliation of any candidate for city office.
Section 5. KRS 83A.175 is amended to read as follows:
2) 4H] in a regular election for nonpartisan city office no candidates nominated to an office as provided in KRS 83A.170 are available due to death, incapacity or withdrawal, or when city legislative body members are to be elected at large and there are fewer nominees than there are [suek] offices to be filled, or when [if] a city of the fourth to sixth class [eity] has not conducted a primary election pursuant to KRS 834.045; the eleetion to fit! the regular term shall be conducted in the manner preseribed by this section].
(2)[€3)] Each candidate shall, by at least the last date prescribed by the election law generally for filing petitions of nomination with the county clerk, file with the county clerk a petition for candidacy signed by at least two (2) registered voters in the city. Each voter may sign individual petitions equal to the number of offices to be filled. If a voter signs petitions for more candidates than he is authorized, [then] he shall te counted as a petitioner for the candidate whose petition is filed first. The petition shall be in the following
orm: .
“We the undersigned, qualified voters of the City of ___ request that the name be placed before the voters of the city as that of a candidate for election for at the general election to be held in our city on the date prescribed
of the office of
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_ by law for the general election. We know the candidate to be a qualified voter of the city and a person of good character, and he is, in our judgment, qualified for the duties of the office.
Social Security Name Street Address Number
”
The petition shall be verified by the affidavit of some person as to the genuineness of signatures and addresses of the signers. [No veter shal sign mere than one (2) petition with reference te ench eandidate. Hf any voter signs mere than ene (4) petition ef a candidate; the name ef that voter shall net be eounted a3 valid on any petitien:]
(3)[(4)] The county clerk shall examine the petition of each candidate to determine whether it is regular
on its face. If there is an error, the county clerk shall notify the candidate by certified mail within twenty- four (24) hours of filing.
(4)[()] The ballot position of a candidate shall not be changed after the ballot position has been designated by the county clerk. © ;
(5)[6)] If. before the ballots are printed, any candidate whose petition has been filed in the office of the county clerk, dies or notifies the clerk in writing, signed and properly notarized, that he will not accept the election, the clerk shall not cause his name to be printed on the ballot.
(6){(€H] If. after the ballots are printed, any candidate whose name appears thereon shall die; the county clerk shall cause his name to be blocked out or obliterated from the ballot. The clerk shall not knowingly allow the name of a deceased person to appear on the ballot.
Section 6. KRS 83A.100 is amended to read as follows:
(1) The legislative body of a city may by ordinance divide the city into the same number of wards as the number of legislative body members. Wards shall be as nearly equal in population as practicable and their boundaries shall be fixed by the ordinance.
(2) The populations of wards shall be reviewed as necessary to insure that populations are as nearly equal as practicable, but [in ne event shall] the populations of wards shall be reviewed for equalization at least as [tess] often as [than] each regular federal census.
(3) Wards may be abolished by repeal of the ordinance creating them. No creation, alteration or abolition of wards shall occur within two hundred forty (240) days preceding a regular election.
(4) Ifacity is divided into wards, legislative body members shall be nominated and elected in the following manner:
(a) Members shall be elected in the regular November election at-large but each candidate shall reside in the ward he seeks to represent and shall be elected in such a manner that each ward is equally represented on the legislative body. The names shall be presented in the election to show for which ward each candidate is seeking election and voters shall be instructed to “vote for one candidate in each ward.” The candidate receiving the highest number of votes cast in each ward shall be deemed to be elected from such ward.
(b) Persons seeking the nomination of a political party for the office of legislative body member where a primary election is required for the [sueh] political party, shall be voted upon exclusively by the eligible voters of the ward in which the person resides and seeks to represent.
(c) Notwithstanding any statute to the contrary, if a vacancy in candidacy occurs prior to a primary or regular election after filing deadlines have passed that causes a ward to not be represented by any candidate for city legislative body. new candidates shall be permitted to file papers of candidacy with the county clerk and their names shall be placed on the ballot as seeking election from that ward. Nothing in this section shall prohibit write-in votes pursuant to KRS 117.265.
Section 7. KRS 118.305 is amended to read as follows:
(1) Except as provided in KRS 118.345, and subject to the provisions of subsections (2), [and] (3) and (4) of this section, the county clerk of each county shall cause to be printed for the voting machines and on the special ballots for the regular election the names of the following persons:
MONDAY, MARCH 5, 1990 1457
(a) - Candidates of a political party, as defined in KRS 118.015, who have received certificates of nomination at the preceding primary election, or certificates of nomination under KRS 118.185, and whose certificates of nomination have been filed with the Secretary of State or the appropriate county clerk;
(b) Candidates of a political party, as defined in KRS 118.015, who have been nominated for an unexpired term in a manner determined by the governing authority of the party, as provided in KRS 118.115, and whose evidences of. nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;
(c) Candidates of a political party, as defined in KRS 118.015, who have been nominated by the governing authority of the party to fill a vacancy in the candidacy of a person nominated at the preceding primary election, as provided in KRS 118.105, and whose certificates of nomination have been filed with the Secretary of State or the appropriate county clerk, by at least the date provided by the election law generally for such filing;
(d) Candidates who have been nominated by a political organization as provided in KRS 118.325 and whose certificates or petitions of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;
(e) Independent candidates who have been nominated by petition as provided in KRS 118.315, and whose petitions of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;
(f) Successful nominees of all nonpartisan primaries which shall have been conducted;
(g) Candidates who have filed a petition of candidacy as shall be required to fill a vacancy which shall appear on the ballot;
(h) Jf [Where] a vacancy in a candidacy occasioned by the death; removal or resignation of a candidate before the election and after the ballot labels have been prepared is filled by the chairman of the state, district or county political organization as provided by law, the chairman shall furnish to the county clerk a sufficient number of printed ballot labels bearing the name of the new candidate to replace those bearing the name . of the candidate with respect to which the vacancy has occurred. If the [sueh] ballot labels are furnished to the clerk before the machines are delivered to the election precincts, the clerk shall cause them to be inserted in the proper ballot frames. If they are furnished after the machines have been delivered to the election precincts, the county clerk shall cause the ballot labels to be delivered to the clerk of each precinct, with directions as to insertion in the proper ballot frames;
(i) Candidates for President and Vice President of the United States, of those political parties and organizations who have nominated presidential electors as provided in KRS 118.325, if [where] the certificate of nomination of the [sueh] electors has been filed with the Secretary of State within the time prescribed in this chapter; and
(j) Candidates for soil and water district supervisors who have been nominated by petition as provided in KRS 262.210.
(2) Any candidate for city office who is defeated in a partisan primary election shall be prohibited from seeking election to the same office in the regular election and shall be ineligible to have his name placed on ballot labels or special ballots for the regular election. ; ,
(3) Candidates for members of boards of education shall have their names printed on ballot labels and special ballots for the regular election only after filing as provided in KRS 160.220.
(4)[(3}] Except as provided in KRS 118.105 and 118.115, the name of no candidate shall be printed upon the ballot labels and special ballots for any regular election as the nominee of any political party, as defined in KRS 118.015, or under the emblem of any political party, as so defined, except those candidates who have pen duly and regularly nominated as nominees of that party at a primary election held as provided in this chapter.
(5)((4)] No county clerk shall knowingly cause to be printed, upon the ballot labels or special ballots for any regular election, the name of any candidate of a political party, as defined in KRS 118.015, who has not. been nominated in the manner.provided in the primary election laws or the name of any candidate
' who is not in compliance with the restrictions concerning party registration and candidacy provided in subsection (1) of KRS 118.315.
(6)[(5)|_The names of candidates for President and Vice President shall be certified in lieu of certifying the names of the candidates for presidential electors. :
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(7)[(6)] When [Whenever] a vacancy occurs in an elective office which is required by law to be filled temporarily by appointment, the officer or body designated by law to make the appointment, or in the case of an office to be filled by appointment from a list of nominations, the officer or body designated by law to make the nominations, shall immediately notify in writing both the county clerk and Secretary of State of the vacancy.
Section 8. KRS 83A.040 is amended to read as follows:
(1) A mayor shall be elected by the voters of each city at a regular election. His term of office shall
- begin on the first day of January following his election and shall be for four (4) years and until his successor
qualifies. A mayor shall be at least twenty-five (25) years of age, shall be a qualified voter in the city, and shall reside in the city throughout his term of office.
(2) Ifa vacancy occurs in the office of mayor, the following provisions shall apply: (a) The legislative body of the city shall fill the vacancy within thirty (30) days.
(b) A member of the legislative body in any city organized and governed under the commission plan as provided by KRS 83A.140 or city manager plan as provided by KRS 83A.150 may vote for himself.
(c) A member of the legislative body in any city organized and governed under the mayor-council plan as provided by KRS 83A.130 and in any city of the first class organized under the mayor-alderman plan as provided by KRS Chapter 83 shall not vote for himself.
(d) The legislative body shall elect from among its members an individual to preside over meetings of the legislative body during any vacancy in the office of mayor in accordance with the provisions of KRS 83A.130-to 83A.150.
(3) When voting to fill the vacancy created by a resignation of a mayor the resigning mayor shall not vote on his successor.
(4) Each legislative body member shall be elected at-large by the voters of each city at a regular election. His term of office shall begin on the first day of January following his election and shall be for two (2) years, except as provided by KRS 83A.050. A member shall be at least twenty-one (21) years of age, shall be a qualified voter in the city and shall reside in the city throughout his term of office.
(5) If one (1) or more vacancies on a legislative body occur in a way that one (1) or more members remain seated, the remaining members shall within thirty (30) days fill the vacancies one (1) at a time, giving each new appointee reasonable notice of his selection as will enable him to meet and act with the remaining members in making further appointments until all vacancies are filled. If vacancies occur in a way that all seats become vacant, the governor shall appoint qualified persons to fill the vacancies sufficient to constitute a quorum. Remaining vacancies shall be filled as provided in this section.
(6) If for any reason, any vacancy in the office of mayor or the legislative body is not filled within thirty (30) days after it occurs, the governor shall promptly fill the vacancy by appointment of a qualified person who shall serve for the same period as if otherwise appointed.
(7) No vacancy by reason of voluntary resignation in the office of mayor or on a legislative body shall occur unless a written resignation which specifies a resignation date is tendered to the legislative body. The resignation shall be effective at the next regular meeting of the city legislative body.
(8) Pursuant to KRS 118.305/7)[¢6)], if a vacancy occurs which is required by law to be filled temporarily by appointment, the legislative body or the governor, whichever is designated to make the appointment, shall immediately notify in writing both the county clerk and the secretary of state of the vacancy.
(9) Except in cities of the first class, any elected officer, in case of misconduct, incapacity, or willful neglect in the performance of the duties of his office, may be removed from office by a unanimous vote of the members of the legislative body exclusive of any member to be removed, who shall not vote in the deliberation of his removal. No elected officer shall be removed without having been given the right to a full public hearing. The officer, if removed, shall have the right to appeal to the circuit court of the county and the appeal shall be on the record. No officer so removed shall be eligible to fill the office vacated before the expiration of the term to which originally elected. :
(10) Removal of an elected officer in cities of the first class shall be governed by the provisions of KRS 83.660.
Section 9. KRS 118.995 is amended to read as follows:
MONDAY, MARCH 5, 1990 1459
(1) Any person who violates any of the provisions of KRS 118.136 shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500), or confined in the county - for not less than thirty (30) days nor more than ninety (90) days, or both.
(2) If the secretary of state violates any of the provisions of slibiection (4) of KRS 118.215, he shall be confined in the penitentiary for not less than one (1) year nor more than three (3) years.
(3) Any person who violates subsection (5) of KRS 118.176 shall be fined not less than twenty dollars ($20) nor more than five hundred dollars ($500) or imprisoned in the county jail for not less than one (1) month nor more than six (6) months, or both, and may also be proceeded against for contempt.
(4) If any county clerk violates any of the provisions of subsection (5) [4] of KRS 118.305 he shall be confined in the penitentiary for not less than one (1) year nor more than three (3) years.
The Committee Substitute to HB 15 is as follows: HB 15, AN ACT relating to city elections.
Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS 834.045 is amended to read as follows:
(1) Partisan elections of city officers shall be governed by the following provisions, regardless of the form of government or classification of the city:
(a) A candidate for party nomination to city office shall file his nomination papers with the county clerk of the county not less than one hundred nineteen (1 1 9) [ninety (96)] days before the day fixed by KRS Chapter 118 for holding a primary election. All nomination papers shall be filed no later than 4 p.m. local time when filed on the last day on which the [suehk] papers are permitted to be filed.
(b) An independent candidate for nomination to city office shall not participate in a primary election, but shall file his nomination papers with the county clerk of the county not less than sixty-eight (68) days before the day fixed by KRS Chapter 118 for holding a regular election. All nomination papers shall be filed i rae than 4 p.m. local time when filed on the last day on which the [sueh] papers are permitted to be file
(c) A candidate for city office who is defeated in a partisan Pastor election shall be ineligible as a candidate for the same office in the regular election [prohibited frem being a party eandidate
& primary eleetion and if defeated in the primary; changing his registration te to independent for the purpese ef seeking the same office at the regular eleetion for which he was defeated in the primary However, if a vacancy occurs in the party nomination for which he was an unsuccessful candidate in the primary election, his name may be placed on the voting machines for the regular election as a candidate of that party if he has been duly made the party nominee after the vacancy occurs, as provided in KRS 118.105.
(2) Nonpartisan elections of city officers shall be governed by KRS 83A.050, 834.170, 834.175 and the following provisions, regardless of the form of government or classification of the city:
(a) A candidate for city office shall file his nomination papers with the county clerk of the county not less than one hundred nineteen (719) [ninety (96)] days before the day fixed by KRS Chapter 118 for holding a primary election. All nomination papers shall be filed no later than 4 p.m. local time when filed on the last day on which the [sek] papers are permitted to be filed;
(b) Any city of the fourth to sixth class may by ordinance provide that the nomination and election of candidates for city office in a nOnparHeon election shall be conducted pursuant to the provisions of this subsection:
1. A city may forego conducting a nonpartisan primary election for the nomination of candidates to city office, regardless of the number of candidates running for each office, and require all candidates to file their nomination papers with the county clerk of the county no less than sixty-eight.(68) days before the day fixed by KRS Chapter 118 for holding a regular election.
‘2. All nomination papers shall be filed no later than 4 p. m. local time when filed on the last day on which the [steh] papers are permitted to be filed.
3. If a city does not conduct a primary election pursuant to this subsection, the election of candidates to city office shall be governed by the provisions of this subsection, KRS 83A.175(2) to (6) [€4], and KRS Chapters 116 to 121.
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4. If a city does not conduct a primary election pursuant to this subsection, candidates for city office shall not be required to make pre-election reports to the registry of election finance pursuant to KRS 121.180, but shall be required to make post-election reports within thirty (30) days after the regular election in November.
5. In the absence of a primary pursuant to this subsection, the number of candidates equal to the number of city offices to be filled, who receive the highest number of votes cast in the regular election for each city office shall be elected.
6. Candidates shall be subject to all other applicable election Jaws pursuant to this chapter and KRS Chapters 116 to 121.
7. Ifa vacancy occurs in a candidacy for city office in any city which has not held a primary pursuant to this subsection after the expiration of time for filing nomination papers due to the death, incapacity or withdrawal of a candidate, or if there are fewer candidates than there are offices to be filled, the vacancy in candidacy shall be filled in the following manner:
a. If the vacancy in candidacy occurs less than sixty-eight (68) days but more than thirty (30) days prior to the regular election, candidates shall file petitions of nomination to fill the vacancy with the county clerk not less than thirty (30) days prior to the regular election.
write-in vote. If no person is elected to the office by write-in vote at the regular election, the vacancy in office shall be filled temporarily by appointment by the officer or body designated by law to fill the appointment [if the vaeaney in eendidaey eeeurs less than thirty (80) days prier te the regular election and there are ne remaining eandidates running to fill the offiee for whieh @ vaeaney has oceurred, the office shall remain
election, the vaeaney in office shall be filled temperarily by the effieer or body designated by law te fill the appointment]. .
(c) A candidate for city office who is defeated in a nonpartisan primary election shall be ineligible as a candidate for the same office in the regular election.
Section 2. KRS 117.265 is amended to read as follows:
(1) A voter may, at any general or special election, cast a write-in vote for any eligible person whose name does not appear upon the ballot label as a candidate, by writing the name of his choice upon the appropriate device for the office being voted on provided on the voting machine as required by KRS 117.125. Any candidate for city office who is defeated in a partisan or nonpartisan primary election shall be ineligible as a candidate for the same office in the regular election. Any voter utilizing a special ballot may write in a vote for any eligible person whose name does not appear upon the ballot, by writing the name of his choice under the office.
(2) Two (2) election officers of opposing parties shall upon the request of any voter instruct the [suek] voter on how to cast a write-in vote.
(3) This provision shal/ [dees] not apply to elections for President and Vice President of the United States where the vote is cast for presidential electors rather than the candidate; ner dees it apply te-eleetions for municipal effiees eondueted pursuant te KRS S8A+70].
Section 3. KRS 83A.165 is amended to read as follows:
(1) A candidate running to fill the unexpired term of any city office shall file his nomination papers in accordance with the provisions of KRS 83A.045, 118.365, and 118.375.
(2) Vacancies in the office of mayor or city legislative body that are to be filled temporarily by appointment shall be governed by the provisions of KRS 834.040 and Section 152 of the Kentucky Constitution.
(3) Vacancies in the office of mayor or city legislative body that are to be filled by partisan election Shall be governed by the following provisions:
(a) Vacancies in candidacy shall be governed by KRS 118.105;
(b) Nominations for unexpired terms shall be governed by KRS 118.115 and Section 152 of the K entucky Constitution; and
(c) Independent candidates filing to fill a vacancy shall be governed by KRS 118.375.
(4) Vacancies in the office of mayor or city legislative body that are to be filled by nonpartisan election Shall be governed by the following provisions:
MONDAY, MARCH 5, 1990 1461
(a) Ifthe vacancy occurs not less than one hundred thirty-four (134) days before a May primary, candidates to fill the vacancy shall be nominated at that primary in the manner prescribed in KRS 83A.170; and
(b) If the vacancy occurs on or after the one hundred thirty-fourth day before a May primary, the election to fill the unexpired term shall be held in the manner prescribed in Section 152 of the Kentucky Constitution; and -
(c) Vacancies in candidacy in any city of the fourth to sixth class, that has not conducted a nonpartisan primary election shall be governed by the provisions of KRS 83A. 045(2)(b) 7. [Fhe eleetion to fit! the
term of any eity effiee shal be held in aceordanee with the preeedures deseribed in this chapter; KRS Chapters H6 te 124, and Seetion 152 of the Constitution ef Kentuele]
Section 4. KRS 83A.170 is amended to read as follows:
(1) In any city which has under the provisions of KRS 83A.045 or 83A.050 required nonpartisan city elections, or in any city of the second class operating under the city manager form of government pursuant to KRS 883A. 150, no person shall be elected to city office except as provided in this section or as otherwise provided in this chapter relating to nonpartisan elections.
(2) No person shall be elected to city office without being nominated in the manner provided in this section at a nonpartisan primary election to be held at the time prescribed by KRS Chapters 116 to 121, except as otherwise provided in this chapter. Nonpartisan primary elections shall be conducted by the same officers, chosen and acting in the same manner, with the same rights and duties as in regular elections.
(3) Each applicant for nomination shall, by at least the last date prescribed by the election law generally for filing notification and declaration forms with the county clerk, file with the county clerk a petition signed by at least two (2) registered voters in the city. Each voter may sign [a slated petition wp té the number of offiees to be fitted fer a partiewlar pesitien er may sign] individual petitions equal to the number of offices to be filled. If a voter signs petitions for more candidates than he is authorized, [then] he shall be counted as a petitioner for the candidate whose petition is filed first. The Pention shall be in the following form:
“We the undersigned, qualified voters of the City of _____ request that the name of _ be placed before the voters of the city as that of an applicant for nomination for the office of _____t _at the primary election to be held in our city on the date prescribed by law for primary elections generally. We know the applicant to be a qualified voter of the city and a person of good character, and he is, in our judgment, qualified for the duties of the office.
Social Security Name Street Address Number
”
The petition shall be verified by the affidavit of some person as to the genuineness of signatures and addresses of the signers. [Ne veter shal sign mere than ene G) petition with referenee te each appleant: Ht any veter signs mere than ene () petition of an applicant; the name ef that veter shall net be counted as valid on any petition]
(4) The county clerk shall examine the petition of each candidate to determine whether it is regular on its face. If there is an error, the county clerk shall notify the candidate by certified mail. within twenty- four (24) hours of filing.
(5) Immediately upon expiration of the time for filing petitions, the county clerk shall have published in accordance with KRS Chapter 424 the names of the applicants as they will appear before the voters at the primary.
(6) Subsection (5) of this section shall not apply if it appears, immediately upon expiration of the time for filing petitions, that there are not more than two (2) applicants for nomination for each city office to be filled, or, when the nominations are for city legislative body members in cities electing legislative body members at large, and there are no more than twice the number of applicants for nomination for the number of offices to be filled. In that case, the applicants for nomination shall thereby be nominated and no primary election shall be held for that office. If, in accordance with the provisions of this section or KRS 83A.045(2)(b),' a primary election has not been held, candidates for nonpartisan city office shall not be required to make pre-election reports to the registry of election finance pursuant to KRS 121.180, but shall be required to make post-election reports within thirty (30) days after the regular election in November.
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(7) The ballot position of a candidate shall not be changed after the ballot position has been designated by the county clerk.
(8) If before the ballots are printed, any candidate whose petition has been filed in the office of the county clerk dies or notifies the clerk in writing, signed and properly notarized[;] that he will not accept the nomination, the clerk shall not cause his name to be printed on the ballot.
(9) If, after the ballots are printed, any candidate whose name appears thereon shall die, the county clerk shall cause his name to be blocked out or obliterated from the ballot. The clerk shall not knowingly | allow the name of a deceased person to appear on the ballot.
(10) Names of applicants for each nomination shall be placed before the voters of the city. The voters shall be instructed to vote for one (1) candidate, except that they shall be instructed to vote for the number of legislative body members to be elected in cities nominating legislative body members at large. No party gesienotion a emblem of any kind[;]} nor any sign indicating any applicant’s political belief or party affiliation shall be use *
(11) Persons qualified to vote at a regular election shall be [are] qualified to vote at a nonpartisan primary election and the law applicable to challenges made at a regular election shail be [is] applicable to challenges made at a nonpartisan primary election.
(12) Votes shall be counted as provided in general election laws, pursuant to KRS Chapters 116 to 121, . and the result shall be published as provided in KRS Chapter 424.
(18) The two (2) applicants receiving the highest number of votes for nomination for each city office shall be nominated, or where the nominations are for city legislative body members in cities electing legislative body members at large, there shall be nominated the number of applicants receiving the highest number of votes equal to twice the number of offices to be filled.
(14) Atthe regular election following a nonpartisan primary election, the names of the successful nominees and candidates who have filed a petition of candidacy as provided in this chapter to fill a vacancy shall be placed before the voters.
uo) The nominee or candidate receiving the greater number of votes cast for each city office shall be elected.
(16) KRS Chapters 116 to 121 prescribing duties of county clerks and other public officers in the conduct of elections shall be applicable in all respects to nonpartisan city elections, except no election officer or other person within a polling place shall tell or indicate to a voter, by word of mouth or otherwise, the political affiliation of any candidate for city office.
Section 5. KRS 83A.175 is amended to read as follows:
(1) The election to fill the regular term of a nonpartisan city office shall be conducted in the manner prescribed in this section when, [Candidates fer an unexpired term of @ nonpartisan eity effice te be fitted
(2) 4] in a regular election for nonpartisan city office no candidates nominated to an office as provided in KRS 83A.170 are available due to death, incapacity or withdrawal, or when city legislative body members are to be elected at large and there are fewer nominees than there are [sek] offices to be filled, or when [#£] a city of the fourth to sixth class [eity] has not conducted a primary election pursuant to KRS 83A.045[; the eleetion te fil! the regular term shall be eondueted in the manner preseribed by this seetion].
(2)[(8)] Each candidate shall, by at least the last date prescribed by the election law generally for filing petitions of nomination with the county clerk, file with the county clerk a petition for candidacy signed by at least two (2) registered voters in the city. Each voter may sign individual petitions equal to the number of offices to be filled. If a voter signs petitions for more candidates than he is authorized, [then] he shall be counted as a petitioner for the candidate whose reas is filed first. The petition shall be in the following form:
“We the undersigned, qualified voters of the City of _.___SSsrrequesst that the name of __ sce placed before the voters of the city as that of a candidate for election for the office of ____ sat the general election to be held in our city on the date prescribed
MONDAY, MARCH 5, 1990 , 1463
by law for the general election. We know the candidate to be a qualified voter of the city and a person of good character, and he is, in our judgment, qualified for the duties of the office. ;
Social Security Name Street Address Number
”
The petition shall be verified by the affidavit of some person as to the genuineness of signatures and addresses - of the signers. [Ne veter shall sign more than ene G) petition with reference te each candidate. Hf any voter signs more than ene (+) petition of a candidate; the name of that veter shall net be counted as valid en any petition]. ; (3)[(4)] The county clerk shall examine the petition of each candidate to determine whether it is regular
on its face. If there is an error, the county clerk shall notify the candidate by certified mail within twenty- four (24) hours of filing.
(4)[)] The ballot position of a candidate shall not be changed after the ballot position has been designated by the county clerk.
(5)[6)] If, before the ballots are printed, any candidate whose petition has been filed in the office of the county clerk, dies or notifies the clerk in writing, signed and properly notarized, that he will not accept the election, the clerk shall not cause his name to be printed on the ballot. ;
(6)[¢H] If, after the ballots are printed, any candidate whose name appears thereon shall die, the county clerk shall cause his name to be blocked out or obliterated from the ballot. The clerk shall not knowingly allow the name of a deceased person to appear on the ballot. . .
Section 6. KRS 83A.100 is amended to read as follows:
(1) The legislative body. of a city may by ordinance divide the city into the same number of wards ‘as the number of legislative body members. Wards. shall be as nearly equal in population as practicable and their boundaries shall be fixed by the ordinance. .
(2) The populations of wards shall be reviewed as necessary to insure that populations are as nearly equal as practicable, but [in ne event shal] the populations of wards sha/f be reviewed for equalization at least as [tess] often as [than] each regular federal census.
(8) Wards may be abolished by repeal of the ordinance creating them. No creation, alteration or abolition of wards shall occur within two hundred forty (240) days preceding a regular election.
. (4) Ifacity is divided into wards, legislative body members shall be nominated and elected in the following manner:
(a) Members shall be elected in the regular November election at-large but éach candidate shall reside in the ward he seeks to represent and shall be elected in such a manner that each ward is equally represented on the legislative body. The names shall be presented in the election to show for which ward each candidate is seeking election and voters shall be instructed to “vote for one candidate in each ward.” The candidate receiving the highest number of votes cast in each ward shall be deemed to be elected from such ward.
(b) Persons seeking the nomination of a political party for the office of legislative body member where a primary election is required for the [sueh] political party, shall be voted upon exclusively by the eligible voters of the ward in which the person resides and seeks to represent.
Section 7. KRS 118.305 is amended to read as follows:
(1) Except as provided in KRS 118.845, and subject to the provisions of subsections (2), [and] (3) and (4) of this section, the county clerk of each county shall cause to be printed for the voting machines and on the special ballots for the regular election the names of the following persons:
(a) Candidates of a political party, as defined in KRS 118.015, who have received certificates of nomination at the preceding primary election, or certificates of nomination under KRS 118.185, and whose certificates of nomination have been filed with the Secretary of State or the appropriate county clerk;
(b) Candidates of a political party, as defined in KRS 118.015, who have been nominated for an unexpired
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term in a manner determined by the governing authority of the party, as provided in KRS 118.115, and whose evidences of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;
(c) Candidates of a political party, as defined in KRS 118.015, who have been nominated by the governing authority of the party to fill a vacancy in the candidacy of a person nominated at the preceding primary election, as provided in KRS 118.105, and whose certificates of nomination have been filed with the Secretary a State or the appropriate county clerk, by at least the date provided by the election law generally for such
iling;
(d) Candidates who have been nominated by a political organization as provided in KRS 118.325 and whose certificates or petitions of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;
‘(e) Independent candidates who have been nominated by petition as provided in KRS 118.315, and whose petitions of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;
(f) Successful nominees of all nonpartisan primaries which shall have been conducted;
(g) Candidates who have filed a petition of candidacy as shall be required to fill a vacancy which shall appear on the ballot;
(h) /f [Where] a vacancy in a candidacy occasioned by the death, removal or resignation of a candidate before the election and after the ballot labels have been prepared is filled by the chairman of the state, district or county political organization as provided by law, the chairman shall furnish to the county clerk a sufficient number of printed ballot labels bearing the name of the new candidate to replace those bearing the name of the candidate with respect to which the vacancy has occurred. If the [steh] ballot labels are furnished _ to the clerk before the machines are delivered to the election precincts, the clerk shall cause them to be. inserted in the proper ballot frames. If they are furnished after the machines have been delivered to the election precincts, the county clerk shall cause the ballot labels to be delivered to the clerk of each precinct, with directions as to insertion in the proper ballot frames;
(i) Candidates for President and Vice President of the United States, of those political parties and organizations who have nominated presidential electors as provided in KRS 118.325, if [where] the certificate © of nomination of the [sueh] electors has been filed with the Secretary of State within the time prescribed © in this chapter; and
‘(j) Candidates for soil and water district supervisors who have been nominated by petition as provided in KRS 262.210.
(2) Any candidate for city office who is defeated in a partisan or nonpartisan primary election shall be ineligible as a candidate for the same office in the regular election.
.(3) Candidates for members of boards of education shall have their names printed on ballot labels and special ballots for the regular election only after filing as provided in KRS 160.220.
(4)[(2)] Except as provided in KRS 118.105 and 118.115, the name of no candidate shall be printed upon the ballot labels and special ballots for any regular election as the nominee of any political party, as defined in KRS 118.015, or under the emblem of any political party, as so defined, except those candidates who have a duly and regularly nominated as nominees of that party at a primary election held as provided in this chapter.
(5)[+4)] No county clerk shall knowingly cause to be printed, upon the ballot labels or special ballots for any regular election, the name of any candidate of a political party, as defined in KRS 118.015, who has not been nominated in the manner provided in the primary election laws or the name of any candidate who is not in compliance with the restrictions concerning party registration and candidacy provided in subsection (1) of KRS 118.315.
(6)[()] The names of candidates for President and Vice President shall be certified in lieu of certifying the names of the candidates for presidential electors.
(7)[(6)] When [Whenever] a vacancy occurs in an elective office which is required by law to be filled temporarily by appointment, the officer or body designated by law to make the appointment, or in the case of an office to be filled by appointment from a list of nominations, the officer or body designated by’law to make the nominations, shall immediately notify in writing both the county clerk and Secretary of State of the vacancy. :
MONDAY, MARCH 5, 1990 1465
Section 8. KRS 83A.040 is amended to read as follows:
(1) A mayor shall be elected by the voters of each city at a regular election. His term of office shall begin on the first day of January following his election and shall be for four (4) years and until his successor qualifies. A mayor shall be at least twenty-five (25) years of age, shall be a qualified voter in the city, and shall reside in the city throughout his term of office.
(2) Ifa vacancy occurs in the office of mayor, the following provisions shall apply: (a) The legislative body of the city shall fill the vacancy within thirty (30) days.
; (b) A member of the legislative body in any city organized and governed under the commission plan as provided by KRS 83A.140 or city manager plan as provided by KRS 834.150 may vote for himself.
. (c) A member of the legislative body in any city organized and governed under the mayor-council plan as provided by KRS 83A.130 and in any city of the first class organized under the mayor-alderman plan as provided by KRS Chapter 88 shall not vote for himself.
(d) The legislative body shall elect from among its members an individual to preside over meetings of the legislative body during any vacancy in the office of mayor in accordance with the provisions of KRS 834.130 to 834.150.
(3) When voting to fill the vacancy created by a resignation of a mayor the resigning mayor shall not vote on his successor.
(4) Each legislative ‘body member shall be elected at-large by the voters of each city at a regular: election. His term of office shall begin on the first day of January following his election and shall be for two (2) years, except as provided by KRS 88A.050. A member shall be at least twenty-one (21) years of age, shall be a qualified voter in the city.and shall reside in the city throughout his term of office.
(5) If one (1) or more vacancies on a legislative body occur in a way that one (1) or more members
. remain seated, the remaining members shall within thirty (30) days fill the vacancies one (1) at a time, giving
each new appointee reasonable notice of his selection as will enable him to meet and act with the remaining
members in making further appointments until all vacancies are filled. If vacancies occur in a way that
all seats become vacant, the governor shall appoint qualified persons to fill the vacancies sufficient to constitute a quorum. Remaining vacancies shall be filled as provided in this section.
(6) If for any reason, any vacancy in the office of mayor or the legislative body is not filled within thirty (30) days after it occurs, the governor shall promptly fill the vacancy by appointment of a qualified person - who shail serve for the same period as if otherwise appointed.
(7) No vacancy by reason of voluntary resignation in the office of mayor or on a legislative body shall ‘occur unless a written resignation which specifies a resignation date is tendered to the legislative body. The resignation shall be effective at the next regular meeting of the city legislative body.
(8) Pursuant to KRS 118.305/7)[(6)], if a vacaney occurs which is required by law to be filled temporarily by appointment, the legislative body or the governor, whichever is designated to make the appointment, shall immediately notify in writing both the county clerk and the secretary of state of the vacancy.
(9) Except in cities of the first class, any elected officer, in case of. misconduct, incapacity, or willful neglect in the performance of the duties of his office, may be removed from office by a unanimous vote of the members of the legislative body exclusive of any member to be removed, who shall not vote in the deliberation of his removal. No elected officer shall be removed without having been given the right to a full public hearing. The officer, if removed, shall have the right to appeal to the circuit court of the county and the appeal shall be on the record. No officer so removed shall be eligible to fill the office vacated before the expiration of the term to which originally elected.
(10) Removal of an elected officer in cities of the first class shall be governed by the provisions of KRS 83.660.
Section 9. KRS 118.995 is amended to read as follows:
(1) Any person who violates any of the provisions of KRS 118.136 shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500), or confined in the county jail for not less than thirty (30) days nor more than ninety (90) days, or both. ;
(2) If the secretary of state violates any of the provisions of subsection (4) of KRS 118.215, he shall be confined in the penitentiary for not less than one (1) year nor more than three (3) years.
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(8) Any person who violates subsection (5) of KRS 118.176 shall be fined not less than twenty dollars ($20) nor more than five hundred dollars ($500) or imprisoned in the county jail for not less than one (1) month nor more than six (6) months, or both, and may also be proceeded against for contempt.
(4) If any county clerk violates any of the provisions of subsection (5) [(4)] of KRS 118.305 he shall be confined in the penitentiary for not less than one (1)