04RS SB89


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SB 89/FN (BR 1196) - R. Roeding, K. Stine, D. Thayer, J. Westwood

     AN ACT relating to property affected by actions of state agencies.
     Create new sections of KRS Chapter 381 to establish guidelines for governmental taking of property or regulation of use of property that is privately owned.


     SCS/FN - Delete original provisions of bill; create a new section of KRS Chapter 15 that specifies that the Attorney General shall create a guidance document that summarizes state and federal constitutional law principles with regards to governmental takings; create deadline and locations for availability; state that this section shall be known as "The Kentucky Takings Guidance Act."

     SCA (1/Title, K. Stine) - Make title amendment.

     HFA (1, G. Lindsay) - Amend to delete provisions of bill, insert in lieu thereof to propose an amendment to Section 109 of the Constitution of Kentucky to prohibit courts from ordering substitution of alternative law for any act found unconstitutional and from ordering the General Assembly to pass laws; clarify that public money shall be appropriated by the General Assembly; propose amendment to Section 43 to designate the parties to be named when challenging the constitutionality of a law; submit to voters; provide ballot language.

     HFA (2/Title, G. Lindsay) - Make title amendment.

     Jan 14-introduced in Senate
     Jan 20-to Judiciary (S)
     Mar 11-reported favorably, 1st reading, to Consent Calendar with Committee Substitute, committee amendment (1-title)
     Mar 12-2nd reading, to Rules
     Mar 16-posted for passage in the Consent Orders of the Day for Wednesday, March 17, 2004
     Mar 17-3rd reading, passed 38-0 with Committee Substitute, committee amendment (1-title) ; received in House
     Mar 18-to Judiciary (H); posted in committee
     Mar 24-reported favorably, 1st reading, to Calendar
     Mar 25-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 26, 2004
     Apr 13-floor amendments (1) and (2-title) filed

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