26RS HB 468

House Bill 468

Actions

Last Action	01/22/26: to Committee on Committees (H)
Title	AN ACT relating to civil rights.
Bill Documents	Introduced
Fiscal Impact Statement	Local Mandate
Bill Request Number	1595
Sponsor	D. Elliott
Summary of Original Version	Create a new section of KRS 344.010 to 344.025 to define terms; set standards for determinations of impairments; amend KRS 344.010 to define "major life activities," "regarded as having such an impairment," and "transitory impairment"; amend KRS 344.020 to provide for execution of the policies embodied in the Americans with Disabilities Act Amendments Act of 2008; amend KRS 344.030 to provide that "qualified individual with a disability" is to be interpreted consistently with the Americans with Disabilities Act of 2008; amend KRS 344.190 to remove the adjudicative powers of the Human Rights Commission regarding matters related to employment and public accommodations; amend KRS 344.200 to provide that an aggrieved individual may file a civil action for a discriminatory practice other than a housing practice without first filing a complaint with the Human Rights Commission; require a probable cause determination on a complaint to be made within 30 days of the commission's receipt of the respondent's response or the expiry of the time for a response, whichever is later; require orders dismissing complaints with the commission to be made without prejudice; allow an aggrieved individual to file a civil action for the same grievance while a complaint is either pending with or has been dismissed by the Human Rights Commission; provide that the filing of a complaint before the commission does not toll the statute of limitations for the filing of a civil action; provide that the statute of limitations for an action filed by the commission on behalf of a private party who has not previously filed an action for that grievance is 3 years as provided under KRS 413.115; provide that a civil action for a grievance may only be filed by either the private party or the commission but not both; allow for a private party or the commission to intervene as a third party in a civil action filed by the other; bar the recovery of monetary damages by the commission; limit a private party's remedies to those set out in KRS 344.450; provide that all matters of fact are to be triable by jury; allow a private party with an complaint already filed with or pending before the commission to bring a civil action for the same grievance within 1 year of the effective date of this Act; amend KRS 344.320 to eliminate adjudicative functions of local commissions; amend KRS 344.635 to allow a party to a complaint for a discriminatory housing charge with the Human Rights Commission to demand a trial by jury if a civil action is elected in lieu of administrative hearing; repeal KRS 344.210, 344.230, 344.240, 344.270, and 344.340 related to adjudicative functions of the Human Rights Commission; amend KRS 344.660 and 344.675 to conform.
Index Headings of Original Version	Local Mandate - Americans with Disabilities Act Amendments Act of 2008, incorporation Administrative Regulations And Proceedings - Human Rights Commission, adjudicative functions, removal Advisory Boards, Commissions, And Committees - Human Rights Commission, adjudicative functions, removal Civil Actions - Discriminatory practices, filing of action, procedure Civil Actions - Discriminatory practices, statute of limitations Civil Procedure - Discriminatory practices, filing of action, parties Civil Procedure - Discriminatory practices, statute of limitations Civil Rights - Americans with Disabilities Act Amendments Act of 2008, incorporation Disabilities - Americans with Disabilities Act Amendments Act of 2008, incorporation Juries And Jurors - Civil action, discriminatory practices, triable by jury Local Government - Human Rights Commission, local commissions, adjudicative functions, removal State Agencies - Human Rights Commission, adjudicative functions, removal