Kentucky House Bill 443 (Prior Session Legislation)

---

Completed Legislative Action
Spectrum: Partisan Bill (Republican 3-0)
Status: Passed on April 11 2017 - 100% progression
Action: 2017-04-11 - signed by Governor (Acts, ch. 178)
Text: Latest bill text (Draft #3) [PDF]

Establish KRS Chapter 324B and create new sections thereof to grant the Department of Professional Licensing supervision over the new Real Estate Authority; define terms, including "real property board," which means the Board of Home Inspectors, Board of Real Estate Professionals, Board of Appraisers, or Board of Auctioneers; change the name of the Real Estate Commission to the Board of Real Estate Professionals; establish the department, which is managed by a commissioner, within the Public Protection Cabinet; direct the commissioner to issue written statements indicating the specific responsibilities of each real property board, board member, and board staff; deem all administrative regulations previously promulgated by the real property boards or their predecessors as retroactively promulgated by the commissioner; authorize the commissioner to promulgate future administrative regulations relating to any real property board, but only after the relevant real property board has first adopted the administrative regulation; create the Kentucky Real Estate Authority within the Department of Professional Licensing; appoint an executive director to manage the authority; establish the authority with five members, composed of the executive director and the chair of each of the four real property boards; make the executive director the chair of the authority, who may only vote in the case of a tie; set authority member reimbursement and compensation; direct the authority to oversee the real property boards; allow the authority to hear appeals of real property board disciplinary actions; consolidate the authority, boards, and their employees at one physical location; permit the boards to submit an annual budget to the authority, requiring approval by a majority vote of the authority; empower the Public Protection Cabinet secretary to appoint all personnel of the authority and the real property boards; order the authority to hire up to four administrative coordinators to carry out the administrative functions and day-to-day operations of the real property boards; establish the responsibilities of the executive director; repeal, reenact, and amend KRS 224.10-052 and 224.10-053 as new sections of KRS Chapter 324B to replace the Office of Occupations and Professions with the Department of Professional Licensing; direct the department to assume all of the responsibilities formerly held by the office; amend KRS 198B.700, 324.010, 324A.010, and 330.020 to define "authority," "commissioner," and "department"; repeal, and reenact 198B.704, 324.281, 324A.015, and 330.050 to establish the boards of home inspectors, real estate professionals, appraisers, and auctioneers, respectively; set each board at five members and list the requirements and circumstances for membership; fix the procedures for selecting members for the boards; determine board privileges and duties; forbid the commissioner from promulgating or changing an administrative regulation relating to a board unless that board has already adopted the promulgation or change; allow appeal of a board decision to the authority; prohibit any officer or employee of the cabinet, department, or authority from attempting to influence or interfere with a board's disciplinary decision or proceeding; establish details relating to board budgets and fees; retain the agency fund account and related processes for the auctioneer board; forbid the authority from imposing a fine against a licensee without previous board approval; name circumstances that could lead to removal of a board member; set reimbursement and compensation limits for board members; permit board members and staff to attend and travel to and from board-related or industry-related meetings and events with the approval of the authority; amend KRS 198B.728, 324.200, 324A.052, and 330.130 to establish appellate rights for parties aggrieved by a board decision; amend KRS 324A.150 to define "commissioner"; amend KRS 12.020, 12.252, 164.6903, 164.6905, 164.6909, 164.6911, 164.6913, 164.6915, 164.6923, 164.6929, 198A.030, 198B.706, 198B.712, 198B.714, 198B.722, 198B.724, 286.8-990, 309.131, 309.329, 309.404, 319B.020, 319B.040, 324.020, 324.040, 324.045, 324.046, 324.080, 324.085, 324.090, 324.111, 324.112, 324.115, 324.117, 324.141, 324.142, 324.150, 324.151, 324.160, 324.170, 324.220, 324.236, 324.237, 324.238, 324.2812, 324.285, 324.286, 324.287, 324.288, 324.310, 324.312, 324.330, 324.360, 324.395, 324.400, 324.410, 324.420, 324.425, 324A.020, 324A.035, 324A.040, 324A.045, 324A.047, 324A.050, 324A.065, 324A.100, 324A.152, 324A.154, 324A.156, 324A.158, 324A.160, 324A.162, 324A.163, 329A.025, 330.060, 330.070, 330.110, 330.192, 334.170, 344.385, 433.900, 433.902, and 433.906 to conform; repeal KRS 324.2811, 324.282, 324.283, 324.284, 324A.025, and 324A.060; set initial real property board terms; forbid the board member expansions from removing the three initial appointees; allow board members serving on November 30, 2016, to serve out their terms as nonvoting ex officio members of their boards with reduced compensation; transfer active personnel serving the real property boards on November 30, 2016, to the authority; confirm Executive Orders 2016-859 and 2016-881, except as expressly modified; APPROPRIATION.

AN ACT relating to reorganization and making an appropriation therefor.

Sen. Robert Mills [R]

Rep. David Meade [R]

Rep. James Tipton [R]

Date	Chamber	Action
2017-04-11	House	signed by Governor (Acts, ch. 178)
2017-03-30	House	delivered to Governor
2017-03-30	House	enrolled, signed by President of the Senate
2017-03-30	House	enrolled, signed by Speaker of the House
2017-03-30	House	Bill passed 61-32
2017-03-30	House	House concurred in Senate Committee Substitute
2017-03-30	House	posted for passage for concurrence in Senate Committee Substitute
2017-03-30	House	to Rules (H)
2017-03-30	House	received in House
2017-03-29	Senate	3rd reading, passed 28-10 with Committee Substitute
2017-03-29	Senate	posted for passage in the Regular Orders of the Day for Wednesday, March 29, 2017
2017-03-14	Senate	reported favorably, 2nd reading, to Rules with Committee Substitute
2017-03-08	Senate	returned to Veterans, Military Affairs, & Public Protection (S)
2017-03-08	Senate	1st reading
2017-03-08	Senate	taken from Veterans, Military Affairs, & Public Protection (S)
2017-03-06	Senate	to Veterans, Military Affairs, & Public Protection (S)
2017-03-03	Senate	received in Senate
2017-03-02	House	3rd reading, passed 89-3 with Committee Substitute and floor amendments (1) and (2) and committee amendment (1-title)
2017-02-28	House	floor amendment (2) filed to Committee Substitute
2017-02-28	House	posted for passage in the Regular Orders of the Day for Thursday, March 2, 2017
2017-02-28	House	2nd reading, to Rules
2017-02-27	House	floor amendment (1) filed to Committee Substitute
2017-02-27	House	reported favorably, 1st reading, to Calendar with Committee Substitute and committee amendment (1-title)
2017-02-24	House	posted in committee
2017-02-23	House	to Elections, Const. Amendments & Intergovernmental Affairs (H)
2017-02-16	House	introduced in House

Type	Source
Summary	http://www.lrc.ky.gov/record/17RS/HB443.htm
Text	http://www.lrc.ky.gov/recorddocuments/bill/17RS/HB443/bill.pdf
Amendment	http://www.lrc.ky.gov/recorddocuments/bill/17RS/HB443/HCS1.pdf
Amendment	http://www.lrc.ky.gov/recorddocuments/bill/17RS/HB443/HCA1.pdf
Amendment	http://www.lrc.ky.gov/recorddocuments/bill/17RS/HB443/HFA1.pdf
Amendment	http://www.lrc.ky.gov/recorddocuments/bill/17RS/HB443/HFA2.pdf
Amendment	http://www.lrc.ky.gov/recorddocuments/bill/17RS/HB443/SCS1.pdf
Supplement	http://www.lrc.ky.gov/record/17RS/HB443/vote_history.pdf