HB 98 (BR 324) - J. Wayne
AN ACT relating to nonprofit corporations.
Create a new section of KRS Chapter 454 to provide that monetary claims based upon a statutory cause of action against nonprofit corporations shall first be referred to mediation or other form of alternative dispute resolution in accordance with KRS Chapter 417 or applicable court rules on alternative dispute resolution, and to provide that the presiding judge shall consider alternative dispute resolution for all other claims against nonprofit corporations; and make technical amendments to KRS 273.161, 273.247 and 68.200.
HB 98 - AMENDMENTS
HCS - Delete, in Section 1, references to a corporation duly organized and in good standing pursuant to the Kentucky Nonprofit Corporation Act, KRS 273.161 to 273.390, and delete references to arbitration and other alternative form of dispute resolution; require any cause of action for monetary damages brought against an organization domiciled in this Commonwealth and exempt from federal income tax liability under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, to be referred to mediation; provide that such a cause of action referred to mediation shall, upon objection by any party to the action, remain or be placed on the court's regular docket; require presiding judge to explain rule 12 of the model mediation rules, or its equivalent, before referring the action to mediation; require any other cause of action against an organization exempt from federal income tax liability under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, to be considered for mediation by the presiding judge; delete Sections 2 and 3 of the bill.
HFA (1, J. Wayne) - Add subsection (3) to specify that the bill does not apply to the enforcement of judgments or agency adjudications, or to the collection of duly assessed civil penalties.
(Prefiled by the sponsor(s))
Jan 7-introduced in House; to Judiciary (H)
Feb 5-posted in committee
Feb 19-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 20-2nd reading, to Rules
Feb 21-posted for passage in the Regular Orders of the Day for Monday, February 24, 2003; floor amendment (1) filed to Committee Substitute
Feb 24-3rd reading, passed 73-19 with Committee Substitute, floor amendment (1)
Feb 25-received in Senate
Feb 27-to Judiciary (S)