11RS HB47
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HB47

11RS

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HB 47/LM (BR 171) - J. Jenkins, D. Horlander, A. Koenig

     AN ACT relating to the enforcement of local government ordinances.
     Amend KRS 82.700, dealing with local government nuisance codes to include counties within the definition of local governments, define "amelioration costs" and "premises"; amend KRS 82.720 to allow a local government to possess liens for amelioration costs imposed pursuant to KRS 82.700 to 82.725 and KRS 381.770; Amend KRS 381.770, relating to nuisances to provide that the liens possessed in accordance with KRS 381.770 take precedence over all other liens, except state, county, school board, and city taxes.

HB 47 - AMENDMENTS


     HCS/LM - Retain original provisions, and change definition of "local government" in Section 1 to include cities of all classes and urban-county governments; add definition of "owner" in Section 1 and add and amend KRS 82.715 to require that an appeal from a hearing board's determination may be made to the District Court of the county with 30 days rather than 7, and specify that the owner is responsible for amelioration costs in addition to fines, fees and penalties assessed for violations.
     HFA (1, A. Simpson) - Specify that appointments made on the board are done by the mayor, county judge/executive, or chief executive officer of the local government; add charter county governments and unified local governments as being eligible to participate in the Local Government Nuisance Code Enforcement Act.
     HFA (2, M. Denham) - Amend KRS 82.700 to define "mortgage holder"; amend KRS 82.715 to require a local government to provide a mailed copy of the determination of a violation of the nuisance code to the mortgage holder and allow the mortgage holder to correct the cited violations and pay any fines, penalty charges, and ameliorations costs and fees; amend KRS 82.270 to provide that the local government lien on the real property is not superior to the mortgage if the mortgage holder does not receive notice of the determination or if the mortgage holder receives notice and corrects the subject of the violation and pays any fines, penalty charges, and amelioration costs and fees; amend KRS 381.770 to provide that the lien created by the determination of a violation of a local government nuisance code shall not take precedence over recorded mortgages unless the mortgage holder received the required notice of the violation.
     HFA (3, M. Denham) - Create a new section of KRS 82.700 to 82.725 to provide that KRS 82.700 to 82.725 shall not be enforced by the county in an unincorporated portion of the county; amend KRS 381.770 to define "imminent danger' and "mortgage holder" and provide that unless imminent danger exists, the local government shall send notice of the determination within fourteen days of a final determination or a waiver of hearing and to authorize the mortgage holder to correct the violations or pay the fines, penalties, and costs incurred to remedy the situation within 45 days of receipt of the notice; provide that the lien of a government shall not take precedence over the lien of mortgage holder if the local government failed to provide a copy of the determination to the mortgage holder or a copy was received by the mortgage holder and the violations were corrected or the fines, penalty charges and costs were paid; provide that if the lien of the local government does not take precedence over the mortgage holder's lien, the local government remedies against the property owner will not be limited or restricted.
     HFA (4, M. Denham) - Amend Section 1 to allow the county judge/executive and chief executive officer to appoint members of nuisance board when appropriate, and allow charter county and unified local governments to establish nuisance boards; create a new section KRS 82.700 to 82.725 to provide that KRS 82.700 to 82.725 shall not be enforced by the county in an unincorporated portion of the county; amend KRS 381.770 to define "imminent danger" and provide that unless imminent danger exists, the local government shall send notice of the determination within fourteen days of a final determination or a waiver of hearing and to authorize the lien holder to correct the violations or pay the fines, penalties and costs incurred to remedy the situation within forty-five days of receipt of the notice; provide that the lien of a the local government shall not take precedence over that of another lien holder if the local government failed to provide a copy of the determination to the lien holder or a copy was received by the lien holder and the violations were corrected or the fines, penalty charges, and costs were paid; provide that if the lien of the local government does not take precedence over another lien holder's lien, the local government remedies against the property owner will not be limited or restricted.
     SFA (1, J. Denton) - Amend KRS 210.365 to delete the word "encounter" and replace it with "required police action" in the reference to interactions of law enforcement officers and persons with mental illness; establish that law enforcement officers shall report to their agencies required police action with persons with mental illness, mental illness and substance abuse disorders, mental illness and mental retardation, mental illness and developmental disabilities, and mental illness and dual diagnoses.

     (Prefiled by the sponsor(s).)

     Jan 4-introduced in House; to Local Government (H)
     Feb 1-posting waived
     Feb 2-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 3-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 4, 2011; floor amendments (1) and (2) filed to Committee Substitute
     Feb 7-floor amendment (3) filed to Committee Substitute
     Feb 9-floor amendment (4) filed to Committee Substitute
     Feb 11-3rd reading, passed 83-12 with Committee Substitute, floor amendment (4)
     Feb 14-received in Senate
     Feb 16-to Judiciary (S)
     Feb 22-floor amendment (1) filed

Vote History
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