08RS HB323
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HB323

08RS

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HB 323 (BR 1230) - S. Brinkman, R. Crimm

     AN ACT relating to business entities.
     Reenact the provisions of 2007 HB 334/GA and SCA #1 as passed and enacted into law which contained the following provisions: creates and amends various statutes relating to business entities to accomplish the following: make consistent the provisions of the corporate and other business organization acts regarding business entity names such that equivalent rules will govern the names of business corporations, nonprofit corporations, cooperatives, associations, partnerships, limited partnerships, limited liability companies, and business trusts; modify procedural rules across the various business entity acts such that they will contain equivalent if not identical provisions; update provisions of KRS Chapter 271B to reflect the more current provisions of the Model Business Corporation Act; allow limited liability companies to enter into a share exchange with a corporation, be created by conversion from a corporation, have statutory rules governing nonprofit status, and to provide for their existence after the death or other termination of their members; provide rules for business trusts to create uniformity in regard to other forms of business organizations; allow dentists to practice dentistry within a business organized as a limited liability company; revive several sections of KRS ch. 362 that were repealed with a delayed effective date in 2006 Ky. Acts. ch. 149; confirm new repeal of other sections of KRS ch. 362 that were also repealed in 2006 Ky. Acts ch. 149; amend KRS 45.560 to include the definition of "equal employment opportunity job categories"; amend KRS 45.570 to clarify the classes protected against discrimination by state contractors; amend KRS 45.590 to increase the dollar amount of exempted contracts or subcontracts from $250,000 to $500,000; allow the Finance and Administration Cabinet to promulgate administrative regulations to establish additional exemptions; amend KRS 45.600 to allow the contracting agency rather than the cabinet to set the time period for submitting statements and information required by the statute; set out the information to be reported by the bidding party regarding its workforce; require the bidding party to submit a breakdown of subcontracts over $500,000; include a determination by the cabinet that the percentage of women in the bidding party's workforce reflects the percentage of available women in the area from which the bidding party's workforce is drawn and to use this determination in the cabinet's existing affirmative action process; amend KRS 45.610 to include women in the affirmative action requirements for state contractors and allow the cabinet to investigate the employment practices of any contractor or subcontractor to determine if they have violated any provision of KRS 45.560 to 45.640; and create a new section of KRS 45.560 to 45.640 to allow the Finance and Administration Cabinet to promulgate administrative regulations to carry out the provisions of KRS 45.560 to 45.640; confirm amendments to certain statutes whose effectiveness was made contingent upon the approval by the voters of proposed constitutional changes in 2002; and in addition amend various sections to conform.

HB 323 - AMENDMENTS


     HFA (1, S. Brinkman) - Corrects erroneous citation.

     Jan 17-introduced in House
     Jan 22-to Judiciary (H)
     Mar 4-posted in committee
     Mar 7-reported favorably, 1st reading, to Calendar
     Mar 10-2nd reading, to Rules
     Mar 11-posted for passage in the Regular Orders of the Day for Wednesday, March 12, 2008
     Mar 18-floor amendment (1) filed
     Mar 21-3rd reading, passed 96-0 with floor amendment (1)
     Mar 24-received in Senate
     Mar 26-to Judiciary (S)

Vote History
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