House Bill 72

Actions | Amendments
Last Action signed by Governor (Acts, ch. 181)
Title AN ACT relating to planning and zoning.
Bill Documents Current/Final
Introduced
Bill Request Number 332
Sponsors J. Miller, R. Benvenuti III, J. Gooch Jr., R. Mills, S. Santoro
Summary of Original Version Create a new section of KRS Chapter 100 to set requirements for filing an appeal bond for appeals of Circuit Court decisions before the case is transferred to the Kentucky Court of Appeals.
Index Headings of Original Version Court of Appeals - Planning and zoning appeals, requirement of supersedeas bond
Courts, Circuit - Planning and zoning appeals, requirement of supersedeas bond
Land Use - Planning and zoning, appeals, requirement of supersedeas bond
Local Government - Planning and zoning, appeals, requirement of supersedeas bond
Planning and Zoning - Appeals, requirement of supersedeas bond
Property - Planning and zoning appeals, requirement of supersedeas bond
Real Estate - Planning and zoning appeals, requirement of supersedeas bond
Cities - Planning and zoning, appeals, requirement of supersedeas bond
Civil Procedure - Planning and zoning appeals, requirement of supersedeas bond
Counties - Planning and zoning, appeals, requirement of supersedeas bond
Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
Senate Committee Substitute 1
Senate Floor Amendment 1
Conference Committee Report 1
Free Conference Committee Report 1
Free Conference Committee Report 2
Votes Vote History

Actions

Top | Amendments
11/10/16
  • Prefiled by the sponsor(s).
01/03/17
  • introduced in House
  • to Judiciary (H)
02/07/17
  • posted in committee
02/08/17
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
  • floor amendment filed
02/09/17
  • 2nd reading, to Rules
  • floor amendment (2) filed, floor amendment (3) filed to Committee Substitute
02/13/17
  • floor amendment (4) filed to Committee Substitute
02/14/17
  • posted for passage in the Regular Orders of the Day for Tuesday, February 14, 2017
  • 3rd reading, passed 63-32 with Committee Substitute and floor amendments (3) (4) and (1-title)
02/15/17
  • received in Senate
02/16/17
  • to Judiciary (S)
02/23/17
  • reassigned to State & Local Government (S)
03/01/17
  • reported favorably, 1st reading, to Calendar with Committee Substitute
03/02/17
  • 2nd reading, to Rules
03/07/17
  • floor amendment (1) filed to Committee Substitute
03/08/17
  • posted for passage in the Regular Orders of the Day for Wednesday, March 8, 2017
  • passed over and retained in the Orders of the Day
03/14/17
  • 3rd reading, defeated 18-16 with Committee Substitute and floor amendment (1)
  • bill reconsidered
  • passed 21-14 with Committee Substitute and floor amendment (1)
  • received in House
  • to Rules (H)
03/15/17
  • posted for passage for concurrence in Senate Committee Substitute and floor amendment (1)
  • House refused to concur in Senate Committee Substitute and floor amendment (1)
  • received in Senate
03/29/17
  • to Rules (S)
  • posted for passage for receding from Senate Committee Substitute and floor amendment (1)
  • Senate refused to recede from Committee Substitute and floor amendment (1)
  • Conference Committee appointed in House and Senate
03/30/17
  • Conference Committee report filed in House and Senate
  • Conference Committee report adopted in House and Senate
  • Free Conference Committee appointed in House and Senate
  • Free Conference Committee reports (1) and (2) filed in House and (1) filed in Senate
  • posted for passage for consideration of Free Conference Committee report (1)
  • Free Conference Committee report (1) adopted in Senate
  • Bill passed 21-17
  • received in House
  • to Rules (H)
  • posted for passage for consideration of Free Conference Report (1)
  • Free Conference Committee report (1) adopted in House
  • Bill passed 51-39
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/11/17
  • signed by Governor (Acts, ch. 181)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Summary Require court to determine whether an appeal is frivolous prior to determining amount of appeal bond; declare an emergency.
Index Headings Court of Appeals - Planning and zoning appeals, requirement of supersedeas bond
Courts, Circuit - Planning and zoning appeals, requirement of supersedeas bond
Land Use - Planning and zoning, appeals, requirement of supersedeas bond
Local Government - Planning and zoning, appeals, requirement of supersedeas bond
Planning and Zoning - Appeals, requirement of supersedeas bond
Property - Planning and zoning appeals, requirement of supersedeas bond
Real Estate - Planning and zoning appeals, requirement of supersedeas bond
Cities - Planning and zoning, appeals, requirement of supersedeas bond
Civil Procedure - Planning and zoning appeals, requirement of supersedeas bond
Counties - Planning and zoning, appeals, requirement of supersedeas bond

Amendment House Floor Amendment 1
Sponsor J. Miller
Summary Make title amendment.
Index Headings Court of Appeals - Planning and zoning appeals, requirement of supersedeas bond
Courts, Circuit - Planning and zoning appeals, requirement of supersedeas bond
Land Use - Planning and zoning, appeals, requirement of supersedeas bond
Local Government - Planning and zoning, appeals, requirement of supersedeas bond
Planning and Zoning - Appeals, requirement of supersedeas bond
Property - Planning and zoning appeals, requirement of supersedeas bond
Real Estate - Planning and zoning appeals, requirement of supersedeas bond
Cities - Planning and zoning, appeals, requirement of supersedeas bond
Civil Procedure - Planning and zoning appeals, requirement of supersedeas bond
Counties - Planning and zoning, appeals, requirement of supersedeas bond

Amendment House Floor Amendment 2
Sponsor S. Lee
Summary Exempt churches from having to file an appeal bond for appeals of Circuit Court decisions before the case is transferred to the Kentucky Court of Appeals.
Index Headings Court of Appeals - Planning and zoning appeals, requirement of supersedeas bond
Courts, Circuit - Planning and zoning appeals, requirement of supersedeas bond
Land Use - Planning and zoning, appeals, requirement of supersedeas bond
Local Government - Planning and zoning, appeals, requirement of supersedeas bond
Planning and Zoning - Appeals, requirement of supersedeas bond
Property - Planning and zoning appeals, requirement of supersedeas bond
Real Estate - Planning and zoning appeals, requirement of supersedeas bond
Cities - Planning and zoning, appeals, requirement of supersedeas bond
Civil Procedure - Planning and zoning appeals, requirement of supersedeas bond
Counties - Planning and zoning, appeals, requirement of supersedeas bond

Amendment House Floor Amendment 3
Sponsor S. Lee
Summary Exempt churches from having to file an appeal bond for appeals of Circuit Court decisions before the case is transferred to the Kentucky Court of Appeals.
Index Headings Court of Appeals - Planning and zoning appeals, requirement of supersedeas bond
Courts, Circuit - Planning and zoning appeals, requirement of supersedeas bond
Land Use - Planning and zoning, appeals, requirement of supersedeas bond
Local Government - Planning and zoning, appeals, requirement of supersedeas bond
Planning and Zoning - Appeals, requirement of supersedeas bond
Property - Planning and zoning appeals, requirement of supersedeas bond
Real Estate - Planning and zoning appeals, requirement of supersedeas bond
Cities - Planning and zoning, appeals, requirement of supersedeas bond
Civil Procedure - Planning and zoning appeals, requirement of supersedeas bond
Counties - Planning and zoning, appeals, requirement of supersedeas bond

Amendment House Floor Amendment 4
Sponsor J. Miller
Summary Amends to simplify factors to be considered in calculating costs of appeal.
Index Headings Court of Appeals - Planning and zoning appeals, requirement of supersedeas bond
Courts, Circuit - Planning and zoning appeals, requirement of supersedeas bond
Land Use - Planning and zoning, appeals, requirement of supersedeas bond
Local Government - Planning and zoning, appeals, requirement of supersedeas bond
Planning and Zoning - Appeals, requirement of supersedeas bond
Property - Planning and zoning appeals, requirement of supersedeas bond
Real Estate - Planning and zoning appeals, requirement of supersedeas bond
Cities - Planning and zoning, appeals, requirement of supersedeas bond
Civil Procedure - Planning and zoning appeals, requirement of supersedeas bond
Counties - Planning and zoning, appeals, requirement of supersedeas bond

Amendment Senate Committee Substitute 1
Summary Remove exception for churches; create exception for any person challenging the creation, operation, or expansion of a landfill.
Index Headings Court of Appeals - Planning and zoning appeals, requirement of supersedeas bond
Courts, Circuit - Planning and zoning appeals, requirement of supersedeas bond
Land Use - Planning and zoning, appeals, requirement of supersedeas bond
Local Government - Planning and zoning, appeals, requirement of supersedeas bond
Planning and Zoning - Appeals, requirement of supersedeas bond
Property - Planning and zoning appeals, requirement of supersedeas bond
Real Estate - Planning and zoning appeals, requirement of supersedeas bond
Cities - Planning and zoning, appeals, requirement of supersedeas bond
Civil Procedure - Planning and zoning appeals, requirement of supersedeas bond
Counties - Planning and zoning, appeals, requirement of supersedeas bond

Amendment Senate Floor Amendment 1
Sponsor R. Stivers II
Summary Expressly cite Rule 73.06 of the Kentucky Rules of Civil Procedure to require that the bond amount be good and sufficient surety; require that the appeal be dismissed if the bond is not posted within 15 days of the Circuit Court's determination of the bond amount; establish circumstances when the appeal bond may be released.
Index Headings Court of Appeals - Planning and zoning appeals, requirement of supersedeas bond
Courts, Circuit - Planning and zoning appeals, requirement of supersedeas bond
Land Use - Planning and zoning, appeals, requirement of supersedeas bond
Local Government - Planning and zoning, appeals, requirement of supersedeas bond
Planning and Zoning - Appeals, requirement of supersedeas bond
Property - Planning and zoning appeals, requirement of supersedeas bond
Real Estate - Planning and zoning appeals, requirement of supersedeas bond
Cities - Planning and zoning, appeals, requirement of supersedeas bond
Civil Procedure - Planning and zoning appeals, requirement of supersedeas bond
Counties - Planning and zoning, appeals, requirement of supersedeas bond

Amendment Conference Committee Report 1
Summary Cannot agree.
Index Headings Court of Appeals - Planning and zoning appeals, requirement of supersedeas bond
Courts, Circuit - Planning and zoning appeals, requirement of supersedeas bond
Land Use - Planning and zoning, appeals, requirement of supersedeas bond
Local Government - Planning and zoning, appeals, requirement of supersedeas bond
Planning and Zoning - Appeals, requirement of supersedeas bond
Property - Planning and zoning appeals, requirement of supersedeas bond
Real Estate - Planning and zoning appeals, requirement of supersedeas bond
Cities - Planning and zoning, appeals, requirement of supersedeas bond
Civil Procedure - Planning and zoning appeals, requirement of supersedeas bond
Counties - Planning and zoning, appeals, requirement of supersedeas bond

Amendment Free Conference Committee Report 1
Summary Remove exception for churches; create exception for any person challenging the creation or expansion of a landfill; expressly cite Rule 73.06 of the Kentucky Rules of Civil Procedure to require that the bond amount be good and sufficient surety; require that the appeal be dismissed if the bond is not posted within 15 days of the Circuit Court's determination of the bond amount; establish circumstances when the appeal bond may be released.
Index Headings Court of Appeals - Planning and zoning appeals, requirement of supersedeas bond
Courts, Circuit - Planning and zoning appeals, requirement of supersedeas bond
Land Use - Planning and zoning, appeals, requirement of supersedeas bond
Local Government - Planning and zoning, appeals, requirement of supersedeas bond
Planning and Zoning - Appeals, requirement of supersedeas bond
Property - Planning and zoning appeals, requirement of supersedeas bond
Real Estate - Planning and zoning appeals, requirement of supersedeas bond
Cities - Planning and zoning, appeals, requirement of supersedeas bond
Civil Procedure - Planning and zoning appeals, requirement of supersedeas bond
Counties - Planning and zoning, appeals, requirement of supersedeas bond

Amendment Free Conference Committee Report 2
Summary Delete bill in its entirety; minority report.
Index Headings Court of Appeals - Planning and zoning appeals, requirement of supersedeas bond
Courts, Circuit - Planning and zoning appeals, requirement of supersedeas bond
Land Use - Planning and zoning, appeals, requirement of supersedeas bond
Local Government - Planning and zoning, appeals, requirement of supersedeas bond
Planning and Zoning - Appeals, requirement of supersedeas bond
Property - Planning and zoning appeals, requirement of supersedeas bond
Real Estate - Planning and zoning appeals, requirement of supersedeas bond
Cities - Planning and zoning, appeals, requirement of supersedeas bond
Civil Procedure - Planning and zoning appeals, requirement of supersedeas bond
Counties - Planning and zoning, appeals, requirement of supersedeas bond

Last updated: 1/16/2019 3:02 PM (EST)