Kentucky
General Assembly

10/27/10	Prefiled by the sponsor(s).
01/04/11	introduced in House to Local Government (H)
02/01/11	posting waived
02/02/11	reported favorably, 1st reading, to Calendar with Committee Substitute
02/03/11	2nd reading, to Rules posted for passage in the Regular Orders of the Day for Friday, February 4, 2011 floor amendments (1) and (2) filed to Committee Substitute
02/07/11	floor amendment (3) filed to Committee Substitute
02/09/11	floor amendment (4) filed to Committee Substitute
02/11/11	3rd reading, passed 83-12 with Committee Substitute, floor amendment (4)
02/14/11	received in Senate
02/16/11	to Judiciary (S)
02/22/11	floor amendment (1) filed

Amendment	House Committee Substitute 1
Impact Statements	Local Mandate
Summary	Retain original provisions, and change definition of "local government" in Section 1 to include cities of all classes and urban-county governments; add definition of "owner" in Section 1 and add and amend KRS 82.715 to require that an appeal from a hearing board's determination may be made to the District Court of the county with 30 days rather than 7, and specify that the owner is responsible for amelioration costs in addition to fines, fees and penalties assessed for violations.
Index Headings	Cities - Amelioration costs for code violations, lien for Cities - Nuisances, lien priority Counties - Amelioration costs for code violations, lien for Counties - Nuisances, lien priority Liens - Local government code violations, amelioration costs for Liens - Nuisances, priority Local Government - Amelioration costs for code violations, lein for Local Government - Nuisances, lien priority Nuisances - Amelioration costs for local government code violations, lien for Nuisances - Nuisances, lien priority Public Safety - Amelioration costs for local government code violations, lien for Public Safety - Nuisances, lien priority Local Mandate - Nuisances, lien priority

Amendment	House Floor Amendment 1
Sponsor	A. Simpson
Summary	Specify that appointments made on the board are done by the mayor, county judge/executive, or chief executive officer of the local government; add charter county governments and unified local governments as being eligible to participate in the Local Government Nuisance Code Enforcement Act.
Index Headings	Cities - Amelioration costs for code violations, lien for Cities - Nuisances, lien priority Counties - Amelioration costs for code violations, lien for Counties - Nuisances, lien priority Liens - Local government code violations, amelioration costs for Liens - Nuisances, priority Local Government - Amelioration costs for code violations, lein for Local Government - Nuisances, lien priority Nuisances - Amelioration costs for local government code violations, lien for Nuisances - Nuisances, lien priority Public Safety - Amelioration costs for local government code violations, lien for Public Safety - Nuisances, lien priority Local Mandate - Nuisances, lien priority

Amendment	House Floor Amendment 2
Sponsor	M. Denham
Summary	Amend KRS 82.700 to define "mortgage holder"; amend KRS 82.715 to require a local government to provide a mailed copy of the determination of a violation of the nuisance code to the mortgage holder and allow the mortgage holder to correct the cited violations and pay any fines, penalty charges, and ameliorations costs and fees; amend KRS 82.270 to provide that the local government lien on the real property is not superior to the mortgage if the mortgage holder does not receive notice of the determination or if the mortgage holder receives notice and corrects the subject of the violation and pays any fines, penalty charges, and amelioration costs and fees; amend KRS 381.770 to provide that the lien created by the determination of a violation of a local government nuisance code shall not take precedence over recorded mortgages unless the mortgage holder received the required notice of the violation.
Index Headings	Cities - Amelioration costs for code violations, lien for Cities - Nuisances, lien priority Counties - Amelioration costs for code violations, lien for Counties - Nuisances, lien priority Liens - Local government code violations, amelioration costs for Liens - Nuisances, priority Local Government - Amelioration costs for code violations, lein for Local Government - Nuisances, lien priority Nuisances - Amelioration costs for local government code violations, lien for Nuisances - Nuisances, lien priority Public Safety - Amelioration costs for local government code violations, lien for Public Safety - Nuisances, lien priority Local Mandate - Nuisances, lien priority

Amendment	House Floor Amendment 3
Sponsor	M. Denham
Summary	Create a new section of KRS 82.700 to 82.725 to provide that KRS 82.700 to 82.725 shall not be enforced by the county in an unincorporated portion of the county; amend KRS 381.770 to define "imminent danger' and "mortgage holder" and provide that unless imminent danger exists, the local government shall send notice of the determination within fourteen days of a final determination or a waiver of hearing and to authorize the mortgage holder to correct the violations or pay the fines, penalties, and costs incurred to remedy the situation within 45 days of receipt of the notice; provide that the lien of a government shall not take precedence over the lien of mortgage holder if the local government failed to provide a copy of the determination to the mortgage holder or a copy was received by the mortgage holder and the violations were corrected or the fines, penalty charges and costs were paid; provide that if the lien of the local government does not take precedence over the mortgage holder's lien, the local government remedies against the property owner will not be limited or restricted.
Index Headings	Cities - Amelioration costs for code violations, lien for Cities - Nuisances, lien priority Counties - Amelioration costs for code violations, lien for Counties - Nuisances, lien priority Liens - Local government code violations, amelioration costs for Liens - Nuisances, priority Local Government - Amelioration costs for code violations, lein for Local Government - Nuisances, lien priority Nuisances - Amelioration costs for local government code violations, lien for Nuisances - Nuisances, lien priority Public Safety - Amelioration costs for local government code violations, lien for Public Safety - Nuisances, lien priority Local Mandate - Nuisances, lien priority

Amendment	House Floor Amendment 4
Sponsor	M. Denham
Summary	Amend Section 1 to allow the county judge/executive and chief executive officer to appoint members of nuisance board when appropriate, and allow charter county and unified local governments to establish nuisance boards; create a new section KRS 82.700 to 82.725 to provide that KRS 82.700 to 82.725 shall not be enforced by the county in an unincorporated portion of the county; amend KRS 381.770 to define "imminent danger" and provide that unless imminent danger exists, the local government shall send notice of the determination within fourteen days of a final determination or a waiver of hearing and to authorize the lien holder to correct the violations or pay the fines, penalties and costs incurred to remedy the situation within forty-five days of receipt of the notice; provide that the lien of a the local government shall not take precedence over that of another lien holder if the local government failed to provide a copy of the determination to the lien holder or a copy was received by the lien holder and the violations were corrected or the fines, penalty charges, and costs were paid; provide that if the lien of the local government does not take precedence over another lien holder's lien, the local government remedies against the property owner will not be limited or restricted.
Index Headings	Cities - Amelioration costs for code violations, lien for Cities - Nuisances, lien priority Counties - Amelioration costs for code violations, lien for Counties - Nuisances, lien priority Liens - Local government code violations, amelioration costs for Liens - Nuisances, priority Local Government - Amelioration costs for code violations, lein for Local Government - Nuisances, lien priority Nuisances - Amelioration costs for local government code violations, lien for Nuisances - Nuisances, lien priority Public Safety - Amelioration costs for local government code violations, lien for Public Safety - Nuisances, lien priority Local Mandate - Nuisances, lien priority

Amendment	Senate Floor Amendment 1
Sponsor	J. Denton
Summary	Amend KRS 210.365 to delete the word "encounter" and replace it with "required police action" in the reference to interactions of law enforcement officers and persons with mental illness; establish that law enforcement officers shall report to their agencies required police action with persons with mental illness, mental illness and substance abuse disorders, mental illness and mental retardation, mental illness and developmental disabilities, and mental illness and dual diagnoses.
Index Headings	Cities - Amelioration costs for code violations, lien for Cities - Nuisances, lien priority Counties - Amelioration costs for code violations, lien for Counties - Nuisances, lien priority Liens - Local government code violations, amelioration costs for Liens - Nuisances, priority Local Government - Amelioration costs for code violations, lein for Local Government - Nuisances, lien priority Nuisances - Amelioration costs for local government code violations, lien for Nuisances - Nuisances, lien priority Public Safety - Amelioration costs for local government code violations, lien for Public Safety - Nuisances, lien priority Local Mandate - Nuisances, lien priority