SB 198

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1AN ACT relating to operations in the Office of the Attorney General.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3SECTION 1. A NEW SECTION OF KRS 15.800 TO 15.876 IS CREATED TO
4 READ AS FOLLOWS:
5 (1)     Each employee of the Department of Child Support Services within the
6Department of Law, including contract staff, with access to or use of federal tax
7information shall submit to a criminal background investigation by means of a
8fingerprint check by the Department of Kentucky State Police and the Federal
9Bureau of Investigation.
10 (2)     The results of the national and state criminal background checks shall be sent to
11the Attorney General.
12 (3)     The Department of Law may register employees or contract staff in the rap back
13system.
14 (4)     Any fee charged by the Department of Kentucky State Police or for the Federal
15Bureau of Investigation background check or enrollment in the rap back system
16shall be an amount no greater than the actual cost of processing the request and
17conducting the background check.
18 (5)     The Department of Law shall promulgate administrative regulations in
19accordance with KRS Chapter 13A to implement this section.
20SECTION 2.  A NEW SECTION OF KRS CHAPTER 15 IS CREATED TO
21 READ AS FOLLOWS:
22 (1)     As used in this section:
23(a)     "State agency" means any department, board, commission, institution,
24division, office, organized body, or other functional group that is authorized
25by the Constitution of Kentucky or the laws of this Commonwealth to
26exercise, perform, or discharge any executive, legislative, judicial, or
27administrative jurisdiction, powers, duties, rights, or obligations of state
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1government; and
2(b)     "Records" means:
31.      Any document or electronically stored information, including writings,
4drawings, graphs, charts, photographs, sound recordings, images, and
5other data or data compilations stored in any medium from which
6information can be obtained either directly or, if necessary, after
7translation by the responding party into a reasonably usable form;
82.      Any tangible thing; or
93.      Any other document or electronically stored information not covered
10by subparagraph 1. or 2. of this paragraph that is created or received
11by, or coming under the jurisdiction of, any state agency that
12documents the organization, function, policies, decisions, procedures,
13operations, or other activities of the agency.
14 (2)     (a)     Each state agency is for all purposes, including in any action brought by the
15Attorney General on behalf of the Commonwealth under the authority of
16this chapter, KRS Chapter 367, or common law, the custodian of its own
17records and shall be in possession, custody, or control of its own records;
18and
19(b)     Except for records of the office of the Attorney General, the records of each
20state agency are not in the possession, custody, or control of the Attorney
21General.
22SECTION 3.  A NEW SECTION OF KRS CHAPTER 15 IS CREATED TO
23 READ AS FOLLOWS:
24 (1)     Any action brought by the Attorney General, whether under this chapter, KRS
25Chapter 367, common law, or otherwise, shall be commenced within ten (10)
26years after the cause of action accrued unless the statute under which the
27Attorney General is bringing the action provides a different fixed period of time.
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1 (2)     For purposes of this section, a cause of action shall be deemed to accrue at the
2time the injury or violation on which the action is based is first discovered by the
3Attorney General or in the exercise of reasonable care should have been
4discovered by the Attorney General, whichever is later.
5Section 4. KRS 13B.140 is amended to read as follows:
6 (1)     (a)     Except as provided in KRS 452.005, all final orders of an agency shall be
7subject to judicial review in accordance with[ the provisions of] this chapter.
8(b)     A party shall institute an appeal by filing a petition in the Circuit Court of
9venue, as provided in the agency's enabling statutes, within thirty (30) days
10after the final order of the agency is mailed or delivered by personal service.
11If venue for appeal is not stated in the enabling statutes, a party may appeal to
12Franklin Circuit Court or the Circuit Court of the county in which the
13appealing party resides or operates a place of business.
14(c)     [Copies of the petition shall be served by the petitioner upon the agency and
15all parties of record. ]The petition shall include the names and addresses of all
16parties to the proceeding and the agency involved, and a statement of the
17grounds on which the review is requested. The petition shall be accompanied
18by a copy of the final order. Copies of the petition shall be served by the
19petitioner upon the agency and all parties of record.
20(d)     The hearing officer shall not be named as a party in any Circuit Court
21action seeking judicial review of the final order of any agency, and shall
22have no duty to defend his or her decision in Circuit Court or any
23subsequent proceeding.
24 (2)     A party may file a petition for judicial review only after the party has exhausted all
25administrative remedies available within the agency whose action is being
26challenged, and within any other agency authorized to exercise administrative
27review.
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1 (3)     Within twenty (20) days after the service of the petition, or within further time
2allowed by the court, the agency shall transmit to the reviewing court the original or
3a certified copy of the official record of the proceeding under review. By stipulation
4of all parties to the review proceedings, the record may be shortened. The court may
5require or permit subsequent correction or additions to the official record. If the
6court requests a transcript of proceedings that have not been transcribed, the cost of
7the transcription shall be paid by the party initiating the appeal, unless otherwise
8agreed to by all parties.
9 (4)     A petition for judicial review shall not automatically stay a final order pending the
10outcome of the review, unless:
11(a)     An automatic stay is provided by statute upon appeal or at any point in the
12administrative proceedings;
13(b)     A stay is permitted by the agency and granted upon request; or
14(c)     A stay is ordered by the Circuit Court of jurisdiction upon petition.
15Section 5. KRS 216B.115 is amended to read as follows:
16 (1)     An appeal to the Franklin Circuit Court may be taken from any final decision of the
17cabinet with respect to a certificate-of-need application, a certificate of need, or a
18license, by any party to the proceedings.
19 (2)     (a)     An appeal may be taken by filing a petition for review in the Franklin Circuit
20Court within thirty (30) days after notice of the final decision unless a request
21for reconsideration has been filed, in which case the petition shall be filed
22within fifteen (15) days of the cabinet's decision not to reconsider or notice of
23its decision on reconsideration.
24(b)     The petition shall state with specificity[completely] the grounds upon which
25the review is sought and shall assign all errors relied upon.
26(c)     The petitioner shall serve a copy of the petition to each person who was a
27party to the proceedings.
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1(d)     Summons shall be issued upon the petition directing the adverse party or
2parties to file an answer within twenty (20) days after service of summons.
3(e)     The cabinet shall, within thirty (30) days of[upon] being served with the
4summons[ and within thirty (30) days thereafter], file a copy of the record,
5duly certified by the secretary, with the cost of the record to be taxed as costs
6upon appeal. In lieu of filing of the record, an abstract of the record[thereof]
7may be filed if all parties to the appeal agree.
8 (3)     In any appeal to the Franklin Circuit Court under this section, neither the
9Attorney General, nor the Office of Administrative Hearings within the
10Department of Law, nor the hearing officer shall be named as a party to the
11action and shall have no duty to defend the final order of the cabinet in the
12Circuit Court or any subsequent proceedings.
13Section 6. KRS 322A.030 is amended to read as follows:
14 (1)     The board shall meet at least once each calendar year and at other times deemed
15necessary by the chair or a quorum of the board upon being given ten (10) days'
16notice.
17 (2)     A roster showing the names and places of business of all registered professional
18geologists shall be published by the secretary of the board each year. Copies of this
19roster shall be made available to each person registered, placed on file with the
20secretary of the board, and furnished to the public upon request.
21 (3)     The board shall pass upon the qualifications of applicants for registration.
22 (4)     The board shall require from applicants for registration evidence of their
23qualifications and shall judge each applicant on evidence of the applicant's
24professional competency and integrity in accordance with administrative
25regulations promulgated by the board.
26 (5)     The board may promulgate administrative regulations consistent with the provisions
27of this chapter appropriate and necessary to the conduct of its responsibilities and
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1duties.
2 (6)     The board shall promulgate by administrative regulation a code of professional
3conduct, a copy of which shall be distributed to every registered geologist. Mailing
4of a copy of this code to persons listed in the roster maintained under subsection (2)
5of this section shall constitute due notice to all registrants. The board may revise
6and amend the code of ethics from time to time, subject to the consent of the
7majority of the registrants, and shall notify each registrant in writing of any
8revisions or amendments.
9 (7)     The board may take appropriate disciplinary action as provided[ for] in KRS
10322A.100, but only after written notice has been given to the person against whom
11action may be taken[concerned] and the person is afforded an opportunity for a
12hearing to be conducted in accordance with KRS Chapter 13B.
13 (8)     Any person or organization may prefer charges of fraud, deceit, gross negligence,
14or misconduct against any registrant. The charges shall be in writing, shall be sworn
15to by the person or officer of the organization making them, and shall then be filed
16with the board.
17 (9)     Any Kentucky resident[ who feels] aggrieved by any final order of the board may
18appeal to the Circuit Court of the county where the person resides or where the
19person has his or her principal office in accordance with KRS Chapter 13B. Any
20out-of-state resident[ who feels] aggrieved by any final order of the board may
21appeal to the Franklin Circuit Court in accordance with KRS Chapter 13B.
22 (10) [The Attorney General or any assistants designated by him or her shall act as legal
23advisers to the board and render legal assistance as the board may from time to time
24require. ]The board may employ private counsel at its discretion. The cost of private
25counsel shall be paid exclusively from funds of the board.
26 (11) The board shall  establish and maintain necessary offices   within this
27Commonwealth, employ personnel as necessary, and prescribe their duties and
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1compensation.
2 (12) For the purposes of enforcing the provisions of this chapter, investigating
3complaints or suspected violations of this chapter, and notifying proper law
4enforcement authorities, the board may:
5(a)     Administer oaths;
6(b)     Receive evidence;
7(c)     Interview persons;
8(d)     Issue subpoenas; and
9(e)     Require production of books, papers, documents, or other evidence.
10Section 7. KRS 367.160 is amended to read as follows:
11 (1)     (a)     All departments, agencies, officers, and employees of the Commonwealth
12shall fully cooperate with the Attorney General in carrying out the functions
13of KRS 367.120 to 367.300.
14(b)     This section and the other provisions of KRS 367.110 to 367.300 shall not
15be interpreted or construed to abrogate or otherwise conflict with any
16provision of Section 2 of this Act.
17 (2)     The persons designated by the Attorney General as utility consumer intervenors
18shall have the same access to material evidence and information of the Public
19Service Commission relating to any case before it as other parties to the case.
20 (3)     The persons designated by the Attorney General as health insurance consumer
21intervenors shall have the same access to material evidence and information of the
22commissioner of the Department of Insurance relating to any health insurance rate
23hearings before it as other parties to the hearing.
24Section 8. KRS 403.213 is amended to read as follows:
25 (1)     The Kentucky child support guidelines may be used by the parent, custodian, or
26agency substantially contributing to the support of the child as the basis for periodic
27updates of child support obligations and for modification of child support orders for
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1health care.[ The provisions of] Any decree respecting child support may be
2modified only as to installments accruing subsequent to the filing of the motion for
3modification and only upon a showing of a material change in circumstances that is
4substantial and continuing.
5 (2)     Application of the Kentucky child support guidelines to the circumstances of the
6parties at the time of the filing of a motion or petition for modification of the child
7support order which results in equal to or greater than a fifteen percent (15%)
8change in the amount of support due per month shall be rebuttably presumed to be a
9material change in circumstances. Application which results in less than a fifteen
10percent (15%) change in the amount of support due per month shall be rebuttably
11presumed not to be a material change in circumstances[. For the one (1) year period
12immediately following enactment of this statute, the presumption of material
13change shall be a twenty-five percent (25%) change in the amount of child support
14due rather than the fifteen percent (15%) stated above].
15 (3)     Unless otherwise agreed in writing or expressly provided in the decree,[ provisions
16for] the support of a child shall be terminated by emancipation of the child unless
17the child is a high school student when he or she reaches the age of eighteen (18).
18In cases where the child becomes emancipated because of age, but not due to
19marriage, while still a high school student, the court-ordered support shall continue
20while the child is a high school student, but not beyond completion of the school
21year during which the child reaches the age of nineteen (19) years.[ Provisions for]
22The support of the child shall not be terminated by the death of a parent obligated to
23support the child. If a parent obligated to pay support dies, the amount of support
24may be modified, revoked, or commuted to a lump-sum payment, to the extent just
25and appropriate in the circumstances. Emancipation of the child shall not terminate
26the obligation of child support arrearages that accrued while the child was an
27unemancipated minor.
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1 (4)     The child support guidelines table shall be reviewed at least once every four (4)
2years by a commission consisting of the following persons:
3(a)[ The secretary of the Cabinet for Health and Family Services or a supervisory
4staff person designated by him;
5(b)] Two (2) members of the Kentucky Bar Association who have at least six (6)
6consecutive years' experience and are presently practicing domestic relations
7cases, one (1) member from a metropolitan or large urban area and one (1)
8member from a less populated area;
9(b)[(c)]        Two (2) Circuit Judges appointed by the Chief Justice of the Kentucky
10Supreme Court, one (1) from a metropolitan or large urban area, and one (1)
11from a less populated area;
12(c)[(d)]        One (1) District Judge appointed by the Chief Justice of the Kentucky
13Supreme Court;
14(d)[(e)]        Two (2) county attorneys appointed by the president of the County
15Attorneys Association, one (1) from a metropolitan or large urban area and
16one (1) from a less populated area;
17(e)[(f)]        The Attorney General or his or her designee, who shall be an attorney
18from his or her office;
19(f)[(g)]        One (1) person who is a custodial parent;
20(g)[(h)]        One (1) person who is a noncustodial parent;
21(h)[(i)]        One (1) person who is a parent with split custody; and
22(i)[(j)]        One (1) child advocate.
23The members designated in paragraphs (f)[(g)] to (i)[(j)] of this subsection shall be
24appointed by the Governor from a list of three (3) names for each category
25submitted by the Attorney General[Cabinet for Health and Family Services]. If the
26status of one (1) of these members changes, the member shall be replaced through
27appointment by the Governor from a list of three (3) names submitted by the
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1Attorney General[cabinet].
2 (5)     The commission shall make a recommendation to the Kentucky General Assembly
3to ensure that the child support guidelines table results in a determination of
4appropriate child support amounts.
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