Licensing & Occupations Committee Report
Licensing & Occupations Committee Report
Representative Dennis Keene serves a chairman of the Kentucky House of Representatives Licensing & Occupations Committee.
The committee reviews matters pertaining to professional licensing not assigned specifically to another committee; racing; prize fighting and wrestling; places of entertainment; alcoholic beverage control; private corporations; cooperative corporations and marketing associations; religious, charitable and educational societies; nonprofit corporations; professional service corporations; cemeteries; barbers and cosmetologists; professional engineers and land surveyors; architects; real estate brokers and agents public accountants; detection of deception examiners; auctioneers; business schools; warehouses; partnerships; trade practices.
Below are summaries of Bills Drafted by Licensing & Occupations Staff That Have Passed Both Chambers as of March 13, 2013:
AN ACT relating to coal mine reclamation, making an appropriation therefor, and declaring an emergency.
Defines “actuarial soundness,” “Date of establishment of the fund,” “discount rate,” “Kentucky Reclamation Guaranty Fund,” “Reclamation guaranty fund commission,” and “Voluntary bond pool”; creates sections to establish the Kentucky reclamation guaranty fund and identifies the funding sources and use of moneys into the fund; establishes the Kentucky Reclamation guaranty fund commission as a seven-member commission; identifies the members of the commission and the terms of membership; assigns the commission to the Energy and Environment Cabinet and authorizes the commission’s functions and duties; establishes the Office of the Reclamation Guaranty Fund and allows the commission to hire an executive director; prescribes the duties of the director; prescribes the start-up funding mechanisms for the Kentucky Reclamation Guaranty Fund and requires payment of onetime assessment within 30 days after notice and prohibits issuance of a permit until onetime assessment is paid; creates exemption from the onetime assessment for former voluntary bond pool members; establishes tonnage fees for members and a deviation from those fees for former voluntary bond pool members; allows a permittee to post full cost bond in lieu of participation in the fund; requires audits and actuarial studies; requires report of the financial status of the Reclamation Guaranty Fund annually to the Interim Joint Committee on Natural Resources and Environment; establishes sanctions and penalties for nonpayment of fees and assessments; makes documents issued in response to subpoenas confidential and not subject to open records; amends KRS 12.020 to add the Office of the Reclamation Guaranty Fund; amends KRS 350.595 to add the Reclamation Guaranty fund and deletes references to the former voluntary bond pool; amends KRS 350.990 to send 50 percent of recovered funds to the reclamation guaranty fund rather than the voluntary bond pool; repeals the following KRS sections: 350.700, 350.705, 350.710, 350.720, 350.725, 350.730, 350.740, 350.745, 350.750, and 350.755; adds noncodified section to wind up operations of the Kentucky Reclamation Guaranty Fund; adds noncodified section to declare an emergency.
AN ACT relating to auctions.
Amends KRS 330.220 to permit an individual party to a dissolving trust or limited liability company to bid as an individual entity apart from the selling entity on real or personal property being offered at auction pursuant to that dissolution; amends KRS 45A.365 to clarify notice requirements.
AN ACT relating to healthcare providers.
Amends KRS 309.130 to define “licensed professional art therapist associate”; amends KRS 309.1305 to include licensed professional art therapist associate; amends KRS 309.1315 to require the board to establish requirements and qualifications for supervision and conditions for inactive status; creates a new section of KRS 309.130 to 309.1399 to establish licensure of professional art therapist associates; provides education requirements, supervision requirements, term of licensure and extension provisions, and advancement procedures; amends KRS 309.1335 to include licensed professional art therapist associates; amends KRS 309.135 to establish fees for licensed professional art therapist associates; amends KRS 311.860 to give the supervising physician or the credentialing facility oversight of a physician assistant’s nonseparate location practice; reduce the waiting period before a newly graduated physician assistant may practice in a separate location from 18 months to 3 months; make the 3-month waiting period effective until May 31, 2014; revoke the waiting period beginning on June 1, 2014; remove the board’s authority to modify or waive the separate location practice privileges.
AN ACT relating to athletic trainers.
Amends KRS 311.900, 311.901, 311.903, 311.905, 311.907, 311.909, and 311.911 to require licensure rather than certification for authorized practice by athletic trainers; qualifies a person for licensure without having to meet any new application, fee, or national board requirements if the person was certified by the board on July 12, 2006; amends KRS 160.445 and 319B.090 to conform.
AN ACT relating to real estate appraisal.
Creates new sections of KRS 324A.150 to 324A.164 to establish the appraisal management company recovery fund; directs the Real Estate Appraisers Board to assess each registrant an annual fee of $800 to be included in the fund; designates purposes of the funds to benefit Kentucky licensed or certified real property appraisers who have suffered a loss as a result of an appraisal management company ceasing to be registered if the appraiser has received a final judgment from a court of competent jurisdiction within the Commonwealth, and if the board determines that there is no viable alternative for full restitution; adds that amount of payment to an appraiser includes any reasonable and appropriate court costs associated with determining the final judgment in favor of the appraiser; designates procedures for payment of restitution to one or more appraisers from the fund if the restitution exceeds the balance in the fund; directs the board to promulgate administrative regulations to ensure the balance in the fund shall not fall below $300,000; authorizes the board to assess fees upon appraisal management companies not to exceed $800 per year whenever the fund drops below the required minimum balance and instructs board to cease imposing fees when the balance of the fund is replenished to the required minimum balance; requires the board to make public a statement of income and expenses of the appraisal management company recovery fund in accordance with KRS 424.180 and 424.190; amends KRS 324A.150 to include under the definition of “appraisal management company” providing software products used to select appraisers or order appraisals; amends KRS 324A.154 to delete the requirement for an applicant to maintain a surety bond with the board in addition to the filing fee for the company; amends KRS 324A.164 to clarify under the exemptions from company registration that an exempt real estate broker or agent properly licensed is doing business in Kentucky by listing or selling real estate; amends KRS 324A.010 to include electronic communication under the definitions for “appraisal” and “appraisal report”; adds definition for a “federally related transaction”; amends KRS 324A.015 to delete initial terms for board members and mandates appraiser appointees be certified and engaged in appraisal in Kentucky for at least 10 years; amends KRS 324A.030 to require certificate holders and licensees to maintain a current e-mail address and phone number; imposes a penalty not to exceed $200 for failure to notify the board within 30 days if contact information has changed; prohibits a person from performing duties usually performed by a certified real property appraiser for a federally related transaction unless holding a valid license or certification for a real property appraiser in Kentucky; amends KRS 324A.035 to direct the board to promulgate administrative regulations for appraisers who perform appraisals of real property in federally related transactions; amends KRS 324A.045 to mandate that 6 months or more after renewal, a former certificate or license holder shall meet all current requirements as if applying for initial certification or licensure; creates a new section of KRS Chapter 324A to establish requirements for a national and state criminal background check for initial applicants for licensure or certification as a real property appraiser; amends KRS 324A.050 to include a cap on the fine per violation the board may impose at $5,000; adds ability of the board to discipline if sufficient grounds exist in another jurisdiction that are sufficient to cause disciplinary action to be taken in this state; designates what constitutes the minimum standard of conduct and performance for a licensee or credential holder; authorizes the board in any proceeding imposing a 30-day or more suspension or revocation to order the respondent to pay actual investigation costs and proceedings not to exceed $10,000; amends KRS 324A.065 to conform and to make a technical correction; amends KRS 324A.075 to mandate an individual from an another state with substantially equivalent to or greater requirements to apply within this state if seeking to practice within Kentucky; amends KRS 324A.090 and 324A.152 to conform.
AN ACT relating to barbers.
Amends various sections of KRS Chapter 317 to eliminate the barber apprenticeship; amends KRS 317.450 to require graduation from a licensed school of barbering as a prerequisite to qualifying for a license to practice barbering; establishes the probationary examination, license, and probationary period of six continuous months prior to issuance of a barber license; permits the board to discipline a probationary licensee or to require a retake of any part of the exam during the probation period; eliminates the barber apprenticeship examination fee of $150 and various other apprenticeship fees, and in lieu thereof permits but not requires the board to charge a single combined barber examination fee not to exceed $300.
AN ACT relating to elevator inspections and licensure.
Amends KRS 198B.400 to make technical corrections; amends KRS 198B.4013 to allow both full and limited licensure as an elevator mechanic; sets the limited license as an “accessibility and residential elevator mechanic” license; adds definitions consistent with the new license type; directs an accessibility and residential elevator mechanic license applicant to include the types of elevators he or she has installed, maintained, or serviced in the applicant’s years of experience; requires the applicant to prove that he or she has at least 12 months of qualifying experience; mandates passage of an authorized examination and completion of a recognized training program for an accessibility and residential elevator mechanic license; deletes lapsed timing requirements.
AN ACT relating to cosmetologists.
Amends KRS 317A.155 to allow a licensed cosmetologist or nail technician who practices in a salon licensed by the board to render services to a terminal patient receiving the services of hospice either at home or in a hospice inpatient unit.
AN ACT relating to local option elections.
Creates a new section of KRS Chapter 242 to exempt listed projects or districts from a precinct vote in favor of prohibition if the precinct is located either partially or entirely within a qualifying city; defines a qualifying city as one with a total population of at least 12,000 within its municipal boundaries based on the most recent decennial census; excludes pre-existing entertainment destination centers, theme restaurant destination attraction projects, and districts of special interest from a precinct-level vote in favor of prohibition; limits exemption for districts of special interest to those districts that are designated as an entertainment district and that have a minimum city government investment of $5,000,000 in infrastructure or other public space; forbids changes to the boundaries of a district of special interest after the submission of a prohibition petition unless the resulting vote is against prohibition.
AN ACT relating to alcoholic beverages.
Amends KRS 243.150 to allow a brewery to serve samples produced at the brewery, on brewery premises, in amounts not to exceed 16 ounces per patron per day if the brewery is located in wet territory.
AN ACT relating to the standardbred development fund.
Amends KRS 230.770 to delete the requirement that progeny eligible for the standardbred development fund are sired by stallions standing within the Commonwealth.