5941153bb7
Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
102 lines
10 KiB
Markdown
102 lines
10 KiB
Markdown
---
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type: "Bill"
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title: "AN ACT relating to participants in the legal system."
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description: "Amend KRS 367.220 to require written notice from a consumer to a prospective defendant 60 days before initiating a civil action; require giving of notice to toll the statute of limitations; make failure to give notice result in dismissal of a filed claim without prejudice; amend KRS 189.125 to declare failure to wear a safety restraint or wear a restraint properly to be admissible as it may relate to fault only upon a showing that the failure was a substantial factor in any injury claimed; amend KRS 304.12-230 to limit the committing of unfair claims settlement practices to insurers; prohibit that a claim from being brought by a third-party claimant; require any assignment of a claim against an insurer to be void; create a new section of Subtitle 40 of KRS Chapter 304 to establish limitations on information and testimony regarding professional liability insurance in a civil action; amend KRS 364.130 to define terms; establish liability protections for a utility that removes timber of a property owner when done with permission or in good faith and establish damages for violations; create new sections of KRS Chapter 411 to define terms; require acceptance of a project by a contracting entity to create a rebuttable presumption of compliance with specifications and not to give rise to a finding of liability except under specified circumstances; establish requirements for the initiating pleading against a contracting entity or contractor and allow failure to comply to result in a dismissal of the action; establish requirements for a claim against a contractor by a noncontractual third party; create a new section of KRS Chapter 411 to establish prelitigation notice of a potential claim for medical malpractice or health care liability claims; establish method of providing required notice and the effect of compliance on the applicable statute of limitations; amend KRS 411.167 to require a written medical opinion before commencement of an action under the statute; establish an award of costs and fees upon a finding of noncompliance; amend KRS 411.182 to prohibit a claimant who is more than 50% responsible for the injury or damages claimed from being entitled to recovery; establish evidentiary basis for award of medical expenses; establish apportionment provisions for a nonparty or party entitled to immunity; amend KRS 413.140 to establish notice requirement prior to initiating cause of action for personal injury; amend KRS 422.317 to set costs associated with request for medical records; amend KRS 304.45-110 to conform; repeal KRS 304.12-220, relating to the definition of \"person.\""
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jurisdiction: "us/states/ky"
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legislature: "Kentucky General Assembly"
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session: "2026RS"
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identifier: "SB 195"
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citation: "Kentucky SB 195 (2026RS)"
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classification: ["bill"]
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subjects: ["Civil Actions", "Civil Procedure", "Consumer Protection", "Highways", "Streets", "And Bridges", "Insurance", "Physicians", "Property", "Rules Of Evidence"]
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status: "enacted"
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primary_sponsors: ["C. Richardson", "D. Douglas", "G. Elkins", "G. Williams", "R. Girdler", "S. Meredith"]
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version_count: 3
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action_count: 36
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vote_count: 3
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first_action: "2026-02-12T05:00:00+00:00"
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last_action: "2026-04-12T04:00:00+00:00"
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source: "openstates"
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source_identifier: "ocd-bill/4e8fc60e-f3e1-473d-b35e-75d7029ab09c"
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source_url: "https://apps.legislature.ky.gov/record/26RS/sb195.html"
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source_hash: "1aae61785009aa010c1b4fc880195fd1911edf0b8d6847271d80703363e3e218"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-ky"]
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---
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# Kentucky SB 195 (2026RS) — AN ACT relating to participants in the legal system.
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Amend KRS 367.220 to require written notice from a consumer to a prospective defendant 60 days before initiating a civil action; require giving of notice to toll the statute of limitations; make failure to give notice result in dismissal of a filed claim without prejudice; amend KRS 189.125 to declare failure to wear a safety restraint or wear a restraint properly to be admissible as it may relate to fault only upon a showing that the failure was a substantial factor in any injury claimed; amend KRS 304.12-230 to limit the committing of unfair claims settlement practices to insurers; prohibit that a claim from being brought by a third-party claimant; require any assignment of a claim against an insurer to be void; create a new section of Subtitle 40 of KRS Chapter 304 to establish limitations on information and testimony regarding professional liability insurance in a civil action; amend KRS 364.130 to define terms; establish liability protections for a utility that removes timber of a property owner when done with permission or in good faith and establish damages for violations; create new sections of KRS Chapter 411 to define terms; require acceptance of a project by a contracting entity to create a rebuttable presumption of compliance with specifications and not to give rise to a finding of liability except under specified circumstances; establish requirements for the initiating pleading against a contracting entity or contractor and allow failure to comply to result in a dismissal of the action; establish requirements for a claim against a contractor by a noncontractual third party; create a new section of KRS Chapter 411 to establish prelitigation notice of a potential claim for medical malpractice or health care liability claims; establish method of providing required notice and the effect of compliance on the applicable statute of limitations; amend KRS 411.167 to require a written medical opinion before commencement of an action under the statute; establish an award of costs and fees upon a finding of noncompliance; amend KRS 411.182 to prohibit a claimant who is more than 50% responsible for the injury or damages claimed from being entitled to recovery; establish evidentiary basis for award of medical expenses; establish apportionment provisions for a nonparty or party entitled to immunity; amend KRS 413.140 to establish notice requirement prior to initiating cause of action for personal injury; amend KRS 422.317 to set costs associated with request for medical records; amend KRS 304.45-110 to conform; repeal KRS 304.12-220, relating to the definition of "person."
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Introduced** (filed) — [source](https://apps.legislature.ky.gov/recorddocuments/bill/26RS/sb195/orig_bill.pdf)
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2. **Acts Chapter 97** (committee substitute) — [source](https://apps.legislature.ky.gov/law/acts/26RS/documents/0097.pdf)
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3. **Current/Final** (committee substitute) — [source](https://apps.legislature.ky.gov/recorddocuments/bill/26RS/sb195/bill.pdf)
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## Votes
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- Pass — **66–25** (pass) · upper
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- PASS SB 195 w/ SCS 1 — **31–5** (pass) · upper
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- FINAL PASSAGE OF SB 195 w/ HCS 1, HFA 1, HFA 3, HFA 2 (T) — **29–9** (pass) · upper
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## Sponsors
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- C. Richardson — primary (person)
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- D. Douglas — primary (person)
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- G. Elkins — primary (person)
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- G. Williams — primary (person)
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- R. Girdler — primary (person)
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- S. Meredith — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2026-02-12T05:00:00+00:00** introduced in Senate `introduction`
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- **2026-02-12T05:00:00+00:00** to Committee on Committees (S) `referral-committee`
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- **2026-03-16T04:00:00+00:00** to Judiciary (S) `referral-committee`
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- **2026-03-16T04:00:00+00:00** taken from Judiciary (S)
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- **2026-03-16T04:00:00+00:00** 1st reading `reading-1`
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- **2026-03-16T04:00:00+00:00** returned to Judiciary (S)
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- **2026-03-17T04:00:00+00:00** taken from Judiciary (S)
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- **2026-03-17T04:00:00+00:00** 2nd reading `reading-2`
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- **2026-03-17T04:00:00+00:00** returned to Judiciary (S)
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- **2026-03-19T04:00:00+00:00** reported favorably, to Rules with Committee Substitute (1) `committee-passage`
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- **2026-03-19T04:00:00+00:00** taken from Rules
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- **2026-03-19T04:00:00+00:00** placed in the Orders of the Day
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- **2026-03-19T04:00:00+00:00** 3rd reading, passed 31-5 with Committee Substitute (1) `passage, reading-3`
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- **2026-03-19T04:00:00+00:00** received in House
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- **2026-03-19T04:00:00+00:00** to Committee on Committees (H) `referral-committee`
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- **2026-03-20T04:00:00+00:00** to Judiciary (H) `referral-committee`
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- **2026-03-24T04:00:00+00:00** taken from Judiciary (H)
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- **2026-03-24T04:00:00+00:00** 1st reading `reading-1`
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- **2026-03-24T04:00:00+00:00** returned to Judiciary (H)
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- **2026-03-25T04:00:00+00:00** reported favorably, 2nd reading, to Rules with Committee Substitute (1) `committee-passage`
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- **2026-03-25T04:00:00+00:00** floor amendments (1) and (3) filed to Committee Substitute , floor amendment (2-title) filed to bill `amendment-introduction`
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- **2026-03-26T04:00:00+00:00** taken from Rules
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- **2026-03-26T04:00:00+00:00** placed in the Orders of the Day
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- **2026-03-26T04:00:00+00:00** 3rd reading, passed 66-25 with Committee Substitute (1), Floor Amendments (1) and (3) and Floor Amendment (2-title) `passage, reading-3`
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- **2026-03-27T04:00:00+00:00** received in Senate
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- **2026-03-27T04:00:00+00:00** to Rules (S) `referral-committee`
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- **2026-03-27T04:00:00+00:00** taken from Rules
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- **2026-03-27T04:00:00+00:00** posted for passage for concurrence in House Committee Substitute (1), Floor Amendments (1) and (3) and Floor Amendment (2-title)
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- **2026-03-27T04:00:00+00:00** passed over and retained for concurrence in House Committee Substitute (1), Floor Amendments (1) and (3) and Floor Amendment (2-title) `passage`
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- **2026-03-31T04:00:00+00:00** Senate concurred in Committee Substitute (1), Floor Amendments (3) and (1) and Floor Amendment (2-title)
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- **2026-03-31T04:00:00+00:00** passed 29-9 `passage`
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- **2026-03-31T04:00:00+00:00** enrolled, signed by President of the Senate `passage`
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- **2026-03-31T04:00:00+00:00** enrolled, signed by Speaker of the House `passage`
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- **2026-03-31T04:00:00+00:00** delivered to Governor
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- **2026-04-10T04:00:00+00:00** filed without Governor's signature with the Secretary of State
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- **2026-04-12T04:00:00+00:00** became law without Governor's Signature (Acts Ch. 97) `became-law`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/4e8fc60e-f3e1-473d-b35e-75d7029ab09c`. Confidence: reported (aggregated from official Kentucky legislature records).
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