Summary of Original Version

Create new sections of KRS Chapter 61 to prohibit public agencies from denying permits or licenses for reasons not specified by law; implement a 30-day time frame for ruling on applications for a permit or license if no time frame is otherwise specified by law; establish procedures for applications for a permit or license which are not ruled upon during the applicable time frame or are denied; for appeal process.

Summary of Amendment: Senate Committee Substitute 1

Summary Retain original provisions; modify definition of state agency; allow a state agency to have an additional 30-day extension if needed based on a substantial and demonstrable interest in protecting public welfare; remove provision for jury trial; establish right for applicant to a preliminary conference; remove provision allowing for new evidence to be introduced on judicial review; EFFECTIVE January 1, 2027.

Summary of Amendment: Senate Floor Amendment 1 -- R. Thomas

Summary Amends SB 52/SCS 1 to modify right to request preliminary conference to all parties; modifies that a court may order a preliminary conference rather than shall; modify preliminary conference to include briefing matters.

Summary of Amendment: Senate Floor Amendment 2 -- R. Thomas

Summary Amends SB 52/SCS 1 to modify standards for burden of proof and use of depositions in evidence, to be governed by current applicable authority.

Summary of Amendment: Senate Floor Amendment 3 -- R. Thomas

Summary Amends SB 52/SCS 1 to trigger approval timeline upon receipt of an administratively complete application; allow for one 30-day extension by head of state agency upon notice to applicant for need for additional time; waive all fees associated with an application upon a failure to act; establish a failure to act provision; create exception for public health, safety, or welfare; establish tolling provisions; remove provision giving deference to state agency.

Summary of Amendment: Senate Floor Amendment 4 -- R. Thomas

Summary Amends SB 52/SCS 1 to include a definition of administratively complete application.

Summary of Amendment: House Committee Substitute 1

Summary Retain original provisions; amend KRS 45A.045, relating to the disposal of state property, to require the Finance and Administration Cabinet to determine that there is no need of a state agency or ownership interest of local government before disposal of state-owned real property; require the state agency disposing of real property to provide maintenance and security of real property until completion of disposal; establish authority for the Finance and Administration Cabinet to utilize other methods to dispose of real property when there are no responsive bids received; establish a process for a local government to notify the state of its interest in using abandoned or underutilized state-owned real property; amend KRS 56.463 to require a state agency disposing of real property to provide maintenance and security of surplus real property until completion of disposal; amend various other sections to conform.

Summary of Amendment: House Committee Amendment 1 -- D. Hale

Summary Make title amendment.

Summary of Amendment: House Floor Amendment 1 -- DJ Johnson

Summary Retain original provisions; modify timeframe by pausing deadline while applicant cures a deficiency; modifies materially incomplete application provisions to allow for default withdrawal of application upon failure to cure by applicant.

Summary of Amendment: House Floor Amendment 2 -- E. Hancock

Summary Retain original provisions; define administratively complete application; provide for waiver of fees on a failure to act by agency; provide for tolling of timeline while application deficiency is corrected; modify burden of proof, persuasion, and use of depositions provisions to be governed by KRS Chapter 13B; modify preliminary conference provisions to include permissive language allowing for any party to action to request conference and include briefing as an addressable matter.

Statutes affected:
House Committee Substitute 1: 45A.045, 56.463, 27A.210, 45A.050, 45A.300, 45A.810, 56.774, 56.782