13RS HB290
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HB290

13RS

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HB 290/FN (BR 293) - T. Burch, J. Wayne, R. Benvenuti III, M. King, S. Riggs, T. Riner, S. Westrom, A. Wuchner

     AN ACT relating to the external child fatality and near fatality review panel.
     Create a new section of KRS 620 to establish an external child fatality and near fatality review panel; establish its membership, duties, and responsibilities; and amend KRS 620.050 to allow records to be provided to the panel.

HB 290 - AMENDMENTS


     HCS/FN - Retain original provisions, except amend to establish language that specifies the Cabinet for Health and Family Services shall provide the copies of files to the Justice and Public Safety Cabinet requested by the panel with 30 days of the request; amend to establish language to specify what court records the panel may request; amend to establish language to make it clear that the panel only has possession of copies of records and that all original records are maintained by the appropriate state or federal agency and so that any public information request for those files should be made to those appropriate agencies; and amend to establish language to clarify what information the panel members shall not release as a condition of their sworn statement of confidentiality.
     HFA (1, T. Burch) - Require a member of the external child fatality and near fatality review panel to recuse themselves from a case review if there is a personal or private conflict of interest; delete open records act exemption for information and record copies that are provided to the panel; clarify that any open record requests for case files will not be made to the panel; clarify that the closed session provisions of KRS 61.815 apply to the panel; authorize a panel member to make a good faith report may the proper authorities.
     HFA (2, T. Burch) - Require a member of the external child fatality and near fatality review panel to recuse themselves from a case review if there is a personal or private conflict of interest; clarify that original information and records used to makes copies for the panel are subject to the Kentucky Open Records Act; clarify that any open record requests for case files will not be made to the panel; clarify that the closed session provisions of KRS 61.815 apply to the panel; and authorize a panel member to make a good faith report to the proper authorities.
     HFA (3, T. Burch) - Require the Justice and Public Safety Cabinet to submit a written statement regarding each panel member to the panel chairperson; require a member of the external child fatality and near fatality review panel to recuse themselves from a case review if there is a personal or private conflict of interest; clarify that original information and records used to makes copies for the panel are subject to the Kentucky Open Records Act; clarify that any open record requests for case files will not be made to the panel; clarify that the closed session provisions of KRS 61.815 apply to the panel; and authorize a panel member to make a good faith report to the proper authorities.
     HFA (4, T. Burch) - Require members of the external child fatality and near fatality review panel to recuse themselves from a case review if there is a personal or private conflict of interest; clarify that original information and records used to makes copies for the panel are subject to the Kentucky Open Records Act; clarify that any open record requests for case files will not be made to the panel; clarify that the closed session provisions of KRS 61.815 apply to the panel; authorize a panel member to make a good faith report to the proper authorities.
     SCS (1) - Retain original provisions, except amend to establish language to clarify that the Cabinet for Health and Family Services will provide copies of all information and records to each panel member individually; amend to require a member from the panel to be removed if they are proven to have violated the prohibition against the releasing of identifying information; amend to authorize the co-chairs of the IJC on Health and Welfare to call the chairperson or other requested persons to come before the committee for testimony; amend to require the panel to immediately meet in open session following a closed session and give a summary of what occurred during the closed session; amend to require an annual evaluation beginning in 2014 by the Legislative Program Review and Investigations Committee of the Kentucky General Assembly to monitor the operations, procedures, and recommendations of the panel; require the Program Review and Investigations Committee to report its findings to the General Assembly.
     SCS (2/FN) - Retain original provisions, except amend to require that any educational records released to the external child fatality and near fatality review panel be in compliance with the Family Educational Rights and Privacy Act, 20 U.S.C. sec. 1232g and its implementing regulations; amend to clarify that panel members and those attending or testifying at meetings shall not release information or records not available under the Kentucky Open Records Act, KRS 61.870 to 61.884 to the public.
     SFA (1, J. Denton) - Retain original provisions; amend to delete language allowing a member of the external child fatality and near fatality review panel to make a good faith report to the public.
     SFA (2, J. Denton) - Retain original provisions; amend to require that any educational records released to the external child fatality and near fatality review panel be in compliance with the Family Educational Rights and Privacy Act, 20 U.S.C. sec. 1232g and its implementing regulations.

     Feb 8-introduced in House
     Feb 11-to Health & Welfare (H); posted in committee
     Feb 14-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 15-2nd reading, to Rules
     Feb 19-floor amendment (1) filed to Committee Substitute ; posted for passage in the Regular Orders of the Day for Wednesday, February 20, 2013
     Feb 20-floor amendments (2) and (3) filed to Committee Substitute ; floor amendments (1) and (2) withdrawn
     Feb 21-floor amendment (3) withdrawn ; floor amendment (4) filed to Committee Substitute
     Feb 22-3rd reading, passed 96-0 with Committee Substitute, floor amendment (4)
     Feb 25-received in Senate
     Feb 28-to Health & Welfare (S)
     Mar 5-taken from Health & Welfare (S); 1st reading; returned to Health & Welfare (S)
     Mar 6-reported favorably, 2nd reading, to Rules with Committee Substitute as a Consent Bill; floor amendments (1) and (2) filed to Committee Substitute
     Mar 7-posted for passage in the Regular Orders of the Day for Thursday, March 7, 2013; taken from the Regular Orders of the Day; recommitted to Health & Welfare (S); reported favorably, to Rules with Committee Substitute (2) as a Consent Bill; posted for passage in the Consent Orders of the Day for Thursday, March 7, 2013; 3rd reading; Committee Substitute (1) withdrawn; floor amendments (1) and (2) withdrawn ; passed with Committee Substitute (2)
     Mar 12-received in House; to Rules (H); taken from Rules; posted for passage for concurrence in Senate Committee Substitute (2) ; House concurred in Senate Committee Substitute (2) ; passed 100-0; enrolled, signed by each presiding officer; delivered to Governor
     Mar 20-signed by Governor (Acts Chapter 39)

Vote History
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