House Bill 83

Actions | Amendments
Last Action 04/06/23: signed by Governor (Acts Ch. 177)
Title AN ACT relating to interests in property.
Bill Documents Acts Chapter 177
Current/Final
Introduced
Fiscal Impact Statements Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 273
Sponsor P. Flannery
Summary of Original Version Amend KRS 426.720 to require judgment lien notices to contain the date of final judgment; establish expiration dates for judgment liens; provide that a judgment lien expiration may be postponed under certain circumstances.
Index Headings of Original Version Civil Actions - Judgment liens, terms of expiration
County Clerks - Judgment liens, expiration, notice
Local Mandate - Judgment liens, terms of expiration
Liens - Judgment liens, terms of expiration
Loans and Credit - Judgment liens, terms of expiration
Real Estate - Judgment liens, terms of expiration
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Committee Amendment 1
Senate Committee Substitute 1 with Fiscal Impact Statements
Votes Vote History

Actions

Top | Amendments
01/04/23
  • introduced in House
  • to Committee on Committees (H)
02/16/23
  • to Judiciary (H)
03/08/23
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1) and Committee Amendment (1-title)
03/09/23
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Friday, March 10, 2023
03/10/23
  • 3rd reading, passed 92-0 with Committee Substitute (1) and Committee Amendment (1-title)
03/13/23
  • received in Senate
  • to Committee on Committees (S)
03/14/23
  • to Judiciary (S)
  • taken from Judiciary (S)
  • 1st reading
  • returned to Judiciary (S)
03/15/23
  • taken from Judiciary (S)
  • 2nd reading
  • returned to Judiciary (S)
03/16/23
  • reported favorably, to Rules with Committee Substitute (1)
03/29/23
  • posted for passage in the Regular Orders of the Day for Wednesday, March 29, 2023
  • 3rd reading, passed 37 -0 with Committee Substitute (1)
03/30/23
  • received in House
  • to Rules (H)
  • posted for passage for concurrence in Senate Committee Substitute (1)
  • House concurred in Senate Committee Substitute (1)
  • passed 97-0
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/06/23
  • signed by Governor (Acts Ch. 177)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statement Local Mandate to House Committee Substitute 1
Summary Retain original provisions; establish a procedure to renew a judgment lien for five years; extend the time for the notice filing requirement of the judgment creditor from five days to ten days when filing an action to enforce a judgment lien; amend KRS 65.032 to extend the time for county clerks to provide and maintain the portal for electronically filed recorded instruments from June 30, 2023, to January 1, 2024; amend KRS 389A.010 to establish that a conveyance or mortgage of real estate made in contravention of the statutory provisions regarding finality of a judicial determination is voidable instead of null and void; amend KRS 376.010 to establish a mechanism for protection for owners and lessors of leased property from liens arising from work performed through a contract with the lessee when the lessee is prohibited from entering into such an agreement by the lease; require the filing of notice documents with the county clerk to apprise the prospective provider of labor or materials; define and exclude multifamily residential rental units from the filing of notice documents with the county clerk to apprise the prospective provider of labor or materials and the protections provided by the filing; amend KRS 371.325 to conform. RETROACTIVE.
Index Headings County Clerks - Judgment liens, expiration, notice
County Clerks - Liens, owner of property, filing of lease prohibition
County Clerks - Recorded instruments, portal for electronic filing, date extension
Deeds and Conveyances - Liens, owner of property, lease prohibition
Deeds and Conveyances - Right of fiduciary, sale or encumbrance, when voidable
Fiduciaries - Real property, conveyance or encumbrance, when voidable
Landlord and Tenant - Liens, lease prohibition
Liens - Judgment liens, terms of expiration
Liens - Judgment liens, renewal process, establishment
Loans and Credit - Judgment liens, terms of expiration
Local Mandate - Judgment liens, terms of expiration
Notices - Lien prohibition in lease, filing, county clerk's office
Property - Leased premises, liens, prohibition of attachment in lease
Property - Real estate, right of fiduciary, conveyance or encumbrance, when voidable
Real Estate - Judgment liens, terms of expiration
Real Estate - Liens, leased premises, prohibition in lease
Retroactive Legislation - Real property, right of fiduciary, conveyance or encumbrance, when voidable
Civil Actions - Judgment liens, terms of expiration
Contracts - Labor or materials, liens, owners of property, lease prohibition

Amendment House Committee Amendment 1
Sponsor P. Flannery
Summary Make title amendment.
Index Headings Title Amendments - HB 83

Amendment Senate Committee Substitute 1
Fiscal Impact Statement Local Mandate to Senate Committee Substitute 1
Summary Retain original provisions, except remove the requirement of the filing of notice documents with the county clerk to apprise a prospective provider of labor or materials of a lease agreement prohibiting a lessee from entering into a contract for services; establish the protections afforded to the parties relating to the providing of labor or materials required to apply to leases and agreements entered into after the effective date of the Act.
Index Headings Local Mandate - Liens, leased premises, prohibition in lease
County Clerks - Judgment liens, expiration, notice
County Clerks - Recorded instruments, portal for electronic filing, date extension
Deeds and Conveyances - Liens, owner of property, lease prohibition
Deeds and Conveyances - Right of fiduciary, sale or encumbrance, when voidable
Fiduciaries - Real property, conveyance or encumbrance, when voidable
Landlord and Tenant - Liens, lease prohibition
Liens - Judgment liens, terms of expiration
Liens - Judgment liens, renewal process, establishment
Loans and Credit - Judgment liens, terms of expiration
Property - Leased premises, liens, prohibition of attachment in lease
Property - Real estate, right of fiduciary, conveyance or encumbrance, when voidable
Real Estate - Judgment liens, terms of expiration
Real Estate - Liens, leased premises, prohibition in lease
Retroactive Legislation - Real property, right of fiduciary, conveyance or encumbrance, when voidable
Civil Actions - Judgment liens, terms of expiration
Contracts - Labor or materials, liens, owners of property, lease prohibition

Last updated: 11/9/2023 3:03 PM (EST)