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HB 629/FN (BR 1355) - J. Richards, W. Allen, J. Barrows, J. Callahan, L. Clark, D. Ford, J. Hoover, G. Stumbo
AN ACT relating to Commonwealth legal actions, and declaring an emergency.
Create a new section of KRS Chapter 48 to; require public accountability for funds or assets recovered through judgment or settlement by duly elected statewide public officials; provide that the application of the Kentucky Open Records Law and Kentucky Open Meetings is essential to public accountability for administration of judgment or settlement funds recovered on behalf of the Commonwealth; acknowledge the recent settlement by the Attorney General and the public purpose for that settlement; acknowledge the creation of an advisory board and foundation for the administration of settlement; reaffirm the power of the General Assembly to appropriate funds; provide that the advisory board and private foundation created to administer a statewide settlement for the unmet health needs of Kentucky Citizens is a quasi governmental entity subject to the Kentucky Open Records Law and Kentucky Open Meetings Law; provide for annual audits of advisory board and foundation by the Auditor of Public Accounts; require that appointments be submitted to the General Assembly for confirmation under KRS 11.160; include the Secretary of Finance and Administration Cabinet, State Controller, and 2 at large appointments of the Governor as voting members of advisory board and foundation board of directors; provide that disbursements of funds or assets from advisory board or foundation be reviewed and approved by the Joint Committee on Appropriations and Revenue prior to disbursements; provide procedure for review, approval, and disbursement over objections; provide that all future assets or funds from judgments or settlements be deposited in account in the Finance and Administration Cabinet; prohibit expenditure of those funds without appropriation by the General Assembly; abrogate common law to the extent inconsistent with the Act; provide that the Act shall not be applicable when recovery is for specific individuals; amend KRS 15.020, 15.060; create a new section of KRS Chapter 367 to assure that future funds recovered are handled according to this Act; appropriate certain funds consistent with court order; declare an emergency.
HB 629 - AMENDMENTS
HFA (1, J. Barrows) - Amend Section 1(3) to clarify that the organization created by this legislation is a public trust, delete section 1(3)(e) and (f); clarify that the Governor shall make two (2) at large appointments to the foundation board of directors; provide notice of disbursements to Interim Joint A & R committee within 30 days of disbursement; authorize a hearing on the disbursement within 45 days after receipt of the notice of disbursement; authorize the committee to demand the appearance of certain witnesses.
SCS - Delete original provisions of section 1 House Bill 629/GA; insert section to require that whenever the Attorney General or another constitutional officer recovers assets to be held in trust for charitable and similar public purposes, those funds are to be administered by the Charitable Asset Administration Board ("CAAB"); direct that CAAB consist of 3 members appointed by the Governor, 3 by the Attorney General, and 3 by the Auditor of Public Accounts; direct that CAAB analyze and preserve the charitable or other similar intent of the funds received; allow CAAB to hold public hearings if necessary; encourage federal and state courts to transfer funds recovered prior to the effective date of the bill over to CAAB; direct that other funds recovered by a legal action on behalf of the Commonwealth, except for those to be administered by CAAB, be deposited into an account maintained by the Finance and Administration Cabinet; prohibit funds deposited in a Cabinet account from being disbursed without a specific legislative appropriation; and retain the remaining sections.
SCA (1/Title, D. Williams) - Make title amendment.
CCR - Conference committee could not agree and requested a free conference committee be appointed.
FCCR (Majority Report) - Adopt Section 1(1) of GA version, with minor modifications, adopt the GA version of HB 629 relating to the handling of the settlement outlined in Section 1(1)(d), except make gubernatorial appointments discretionary with the circuit judge, adopt the provisions of the Senate Committee Substitute relating to the creation of the Charitable Asset Administration Board to administer charitable trust assets recovered by the Commonwealth for settlements other than the settlement outlined in Section 1(1)(d), provide that future legal settlements other than charitable assets and the settlement in Section 1(1)(d) be deposited in the State Treasury and appropriated by the General Assembly, adopt section 2 to 7 of the GA version of the bill, add a new section specifying who may challenge the provisions of the legislation, add a new section to abrogate the common law to the extent inconsistent with the provisions of this Act, and make title amendment.
Feb 9-introduced in House
Feb 10-to Appropriations and Revenue (H)
Feb 18-posted in committee
Mar 9-reported favorably, 1st reading, to Calendar
Mar 10-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, March 13, 2000
Mar 13-floor amendment (1) filed
Mar 14-3rd reading, passed 90-0 with floor amendment (1)
Mar 15-received in Senate
Mar 17-to Judiciary (S)
Mar 22-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1)
Mar 23-2nd reading, to Rules
Mar 24-posted for passage in the Regular Orders of the Day for Friday, March 24, 2000; 3rd reading, passed 30-4 with Committee Substitute, committee amendment (1-title)
Mar 27-received in House; posted for passage for concurrence in Senate Committee Substitute, committee amendment (1-title)
Mar 28-House refused to concur in Senate Committee Substitute, committee amendment (1-title) ; received in Senate; posted for passage for receding from Senate Committee Substitute, committee amendment (1-title) Tuesday, March 28, 2000; Senate refused to recede from Committee Substitute, committee amendment (1-title) ; Conference Committee appointed in House and Senate; Conference Committee report filed in Senate
Mar 29-Conference Committee report filed in House; Conference Committee report adopted in House and Senate; Free Conference Committee appointed in House and Senate; Free Conference Committee report filed in House and Senate; Free Conference Committee report adopted in Senate; passed 27-1
Apr 11-received in House; Free Conference Committee report adopted in House; passed 83-14; enrolled, signed by each presiding officer, delivered to Governor
Apr 21-signed by Governor (Acts ch. 483)
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