Other 2013 Bills

Other legislation on radar in the 2013 legislature, now underway:

— HB120. Appraisers. Set up an “appraisal management company recovery fund” (called the “appraisal management company education, research, and recovery fund” in the original bill). The fund is modeled on the Kentucky Real Estate Commission (KREC) for claims against realtors, and very similar to the Kentucky Bar Association (KBA) fund for lawyers. When enacted, that means practically everyone in real estate will have a Education, Research, and Recovery Fund — except home inspectors. HB120 requires to board to maintain at least $200,000 in the fund for recovery and guaranty purposes; lets the board to use funds in excess of the required minimum balance for “educational and other purposes that advance the appraisal field in Kentucky;” establishes procedure for making claims against the fund; and otherwise mostly copes with the new Appraisal Management Associations require by federal law after appraisals turned out to be wildly inaccurate in the meltdown foreclosures. Passed the House 86-10 with committee substitute Feb. 8; in Senate Licensing, Occupations & Administrative Regulations Committee as of Feb. 13.

— HB257. Electricians. Specifies contents of an electrical permit, mainly to make applying for a permit work as consent for an electrical inspection; exempts homeowners doing work on their own home; gives electrical inspectors power to pull electrical service under certain conditions; amend KRS 227A.010 and 227A.030 to define “alteration,” “electrical inspector,” “electrical system,” and “repair”; etc. Passed the House 85-14 with the floor amendment; in Senate Licensing, Occupations & Administrative Regulations Committee as of Feb. 26.

— HB162. Elevator licensing, Allow both full and limited licensure as an elevator mechanic; includes years installing and types of elevators in the limited license. Amended to change “limited” license to “accessibility and residential elevator mechanic” license. Passed House 95-0 with floor amendment Feb. 15; reported favorably from Senate Licensing, Occupations & Administrative Regulations Committee Feb. 26; 2d reading; in Rules Committee.

— SB49. Mechanic’s liens. Extends the ti,e for filing when multiple contractors are involved, amending KRS 376.010 and 376.230. Passed Senate 38-0 on Feb. 21; reported favorably from House Judiciary Committee March 4.

— SB27. Redemption rights. Shortens the right of redemption period from one year to six months for land sold under execution for less than two-thirds of its value, amending KRS 426.230 and KRS 426.240. Passed Senate 30-4; in House Judiciary Committee.

HJR41. Manufactured Housing Energy Study. Directs Dept. of Housing, Building and Construction to name a Task Force to study energy consumption in manufactured housing and recommend actions to improve it, in a report due to the Legislative Research Commission by Dec. 1, 2013. Passed House 100-0; now in Sen. Natural Resources & Energy Committee. (A Joint Resolution is directory, not statutory.)

ROADKILL CURIOSITIES:

–HB249. Would add new sections of KRS Chapter 434 relating to offenses against property by fraud to create definitions for home improvement contracts, including “unconscionable” contracts; set requirements for home improvement contracts; require home improvement contracts for $100 or more to be in writing; prohibit various practices relating to home improvement contracts; create civil and criminal remedies for violation of laws relating to home improvement contracts. Sitting in the Senate Judiciary Committee since Feb. 7. Probably not enough time to get anywhere.

— SB174. HVAC Master licensing. Amend KRS 198B.658 to require the Kentucky Board of Heating, Ventilation, and Air Conditioning Contractors to issue a master heating, ventilation, and air conditioning contractor’s license to any person who satisfies the board with proof of experience within the industry equivalent to being principally employed or engaged in the trade for not less than two years as a mechanic under the direction and supervision of a contractor. In Senate Licensing, Occupations, & Administrative Regulations Committee since Feb 19. Probably not enough time to get anywhere.

HB214. Licensing Roofers. Would create new sections of KRS Chapter 198B to establish licensing for roofers. Sitting in House Appropriations & Revenue Committee since Feb. 6, where it is likely to die because it would be funded by General Fund appropriation — a new expense unlikely in a half-decade of budget cutting.

The General Assembly currently is scheduled to adjourn March 27.

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