03RS HB324

HB324

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HB 324 (BR 1107) - P. Clark

     AN ACT relating to real property conveyances.
     Create a new section of KRS Chapter 382 to immunize a seller, lessor, landlord, or participant in an exchange of real property or his or her agent from the duty to disclose to the buyer, lessee, tenant or transferee that real property which is the subject of the sale, lease, or exchange is the site upon which a natural death, homicide, suicide, sexual assault, or some other felony has occurred or the site upon which someone who has or has been diagnosed as having the human immunodeficiency virus, the acquired immune deficiency syndrome, or other disease not likely to transmitted by one's occupancy has owned or occupied; clarify that immunity does not apply to an intentional misrepresentation.

HB 324 - AMENDMENTS


     HCS - Retain the provisions of the original bill but make a technical correction in Section 1 subsection (2) by deleting "(c)" and inserting in lieu thereof "(d)".

     HFA (1, J. Vincent) - Amend subsections (1) and (2) to make only licensed real estate agents immune from civil liability for those nondisclosures except when intentionally misrepresented by those agents.

     SCS - Replace subsection (1) of the bill with a subsection stating that a realtor shall not have an affirmative duty to disclose to a buyer or purchaser of property information not required to be disclosed by state or federal law.

     SFA (1, K. Stine) - Delete subsection (2) relating to not immunizing real estate broker from liability and relating to answering questions related to real estate transactions.

     SFA (2, G. Neal) - Add a provision deleting certain deed filing requirements when a deed conveys real property to an airport board.

     SFA (3, G. Neal) - Add a provision deleting certain deed filing requirements when a deed conveys real property to an airport board.

     Feb 4-introduced in House
     Feb 5-to Judiciary (H)
     Feb 12-posted in committee
     Feb 19-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 20-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
     Feb 24-posted for passage in the Regular Orders of the Day for Tuesday, February 25, 2003
     Feb 25-3rd reading, passed 90-1 with Committee Substitute, floor amendment (1)
     Feb 26-received in Senate; to Judiciary (S)
     Mar 4-reported favorably, 1st reading, to Calendar with Committee Substitute ; floor amendment (1) filed to Committee Substitute
     Mar 5-2nd reading, to Rules; floor amendment (3) filed to Committee Substitute, floor amendment (2) filed
     Mar 10-posted for passage in the Regular Orders of the Day for Monday, March 10, 2003; 3rd reading; floor amendments (2) and (3) withdrawn ; 3rd reading, passed 36-0 with Committee Substitute, floor amendment (1) ; received in House; posted for passage for concurrence in Senate Committee Substitute, floor amendment (1)
     Mar 11-House concurred in Senate Committee Substitute, floor amendment (1) ; passed 89-0; enrolled, signed by each presiding officer; delivered to Governor
     Mar 18-signed by Governor (Acts ch. 99)


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