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X / HB / SB / 24 / Doc. ID: / 068224FREE CONFERENCE COMMITTEE REPORT
The Free Conference Committee on / X / HB / SB / 24 / has met as providedin the Rules of the House and Senate and hereby reports the following to be adopted:
GA / 2 / SCS / HCSFor the above-referenced bill, with these amendments (if applicable):
Committee (list by chamber and number): / ;Floor (list by chamber and number): / ; and
The following Free Conference Committee action:
On page 3, line 17, delete "three (3)" and in lieu thereof insert "five (5)"; and
On page 3, line 18, delete "three (3)" and in lieu thereof insert "five (5)", and
On page 3, after line 19, insert:
"Section 2. KRS 388.190 is amended to read as follows:
As used in this chapter:
(1) The term "person" includes a partnership, corporation,[ or] an association, or the Kentucky Department of Veterans' Affairs.
(2) The term "Veterans Administration" means the Veterans Administration, its predecessors or successors.
(3) The terms "estate" and "income" shall include only moneys received by the guardian or conservator from the Veterans Administration, all earnings, interest and profits derived therefrom and all property acquired therewith.
(4) The term "benefits" shall mean all moneys paid or payable by the United States through the Veterans Administration.
(5) The term "administrator" means the administrator of veterans affairs or his successor.
(6) The term "ward" means a beneficiary of the Veterans Administration.
(7) The term "guardian" as used herein shall mean any person acting as a fiduciary for a person adjudged mentally disabled.
(8) The term "court" means the District Court of the county of the beneficiary's residence.
SECTION 3. A NEW SECTION OF KRS CHAPTER 388 IS CREATED TO READ AS FOLLOWS:
(1) When the Kentucky Department of Veterans' Affairs is appointed as a guardian or a conservator, the department may transact business in the same manner as any person.
(2) Any fees that the Kentucky Department of Veterans' Affairs receives for acting as a guardian or a conservator shall be placed in a trust and agency account, from which shall be drawn money to cover the expenses associated with acting as a guardian or a conservator.
Section 4. KRS 388.220 is amended to read as follows:
(1) Except as hereinafter provided, it shall be unlawful for any person to accept appointment as guardian or conservator of any minor or mentally disabled beneficiary of the Veterans Administration if such proposed guardian or conservator shall at that time be acting as guardian or conservator for five (5) wards. In any case, upon presentation of a petition by an attorney of the Veterans Administration under this section alleging that a guardian or conservator is acting in a fiduciary capacity for more than five (5) wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian or conservator and shall discharge such guardian or conservator in said case.
(2) The limitations of this section shall not apply where the guardian or conservator is a bank,[ or] trust company, or the Kentucky Department of Veterans' Affairs. An individual may be guardian or conservator of more than five (5) wards if they are all members of the same family.
Section 5. KRS 388.230 is amended to read as follows:
(1) A petition for the appointment of a guardian or conservator for any minor or mentally disabled beneficiary of the Veterans Administration may be filed in the court having jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there be no person so entitled or if the person so entitled shall neglect or refuse to file such a petition within thirty (30) days after mailing of notice by the Veterans Administration to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed by or on behalf of any responsible person residing in this state.
(2) The petition for appointment shall set forth the name, age, place of residence of such beneficiary, the name and place of residence of the nearest relative, if known, and the fact that such beneficiary is entitled to receive benefits payable by or through the Veterans Administration and shall set forth the amount of moneys then due and the amount of probable future payments.
(3) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of such beneficiary, and the name, age, relationship, if any, occupation and address of the person proposed for appointment as guardian or conservator. Notwithstanding any provision of existing law as to priority, the court may appoint a capable individual, bank,[ or] trust company, or the Kentucky Department of Veterans' Affairs as guardian or conservator, if the person entitled to priority fails to apply, or if after hearing the court determines it is for the best interest of such beneficiary to appoint another.
(4) In the case of a mentally disabled beneficiary, the petition shall show that such beneficiary has been rated incompetent by the Veterans Administration on examination in accordance with the laws and regulations governing the Veterans Administration.
Section 6. KRS 388.270 is amended to read as follows:
(1) (a) Before making an appointment under the provisions of this chapter, the court shall be satisfied that the person whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made, except as provided in paragraph (b) of this subsection, the guardian or conservator shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income during the ensuing year. The said bond shall be in the form and be conditioned as required of guardians and conservators appointed under the general guardianship laws of this state. The court shall have power from time to time to require the guardian or conservator to file an additional bond.
(b) Bond shall not be required of the Kentucky Department of Veterans' Affairs.
(2) Where a bond is tendered by a guardian or conservator with personal sureties, there shall be at least two (2) such sureties and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution. Notwithstanding such tender, the court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate.
Section 7. KRS 388.300 is amended to read as follows:
(1) Except as provided in subsection (2) of this section, compensation payable to guardians or conservators shall not exceed five percent (5%) of the income of the ward during any year, but in no event shall the amount of such compensation be less than fifty dollars ($50) for each year. In the event of extraordinary services rendered by any guardian or conservator, the court may, upon petition and after notice to the Veterans Administration and hearing thereon, authorize reasonable additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given to the proper office of the Veterans Administration in the manner provided in KRS 388.280. No commission or compensation shall be allowed on the estate received from a preceding guardian.
(2) The Kentucky Department of Veterans' Affairs shall receive compensation consistent with federal guidelines. However, in no instance shall the department receive compensation in excess of compensation allowed under subsection (1) of this section.
SECTION 8. A NEW SECTION OF KRS CHAPTER 156 IS CREATED TO READ AS FOLLOWS:
If a child or ward of a person who is serving in the Armed Forces of the United States, a reserve component thereof, or the National Guard transfers from one (1) school to another because the parent or guardian of the child has been transferred into Kentucky or from one (1) location in Kentucky to another location in Kentucky as a result of a change of military assignment, then the Kentucky High School Athletic Association, an agency of state government, or a local school district shall not impose a waiting period or other penalty against the child's participation in any sport.
Section 9. KRS 402.105 is amended to read as follows:
(1) Except as provided in subsection (2) of this section, a marriage license shall be valid for thirty (30) days, including the date it is issued, and after that time it shall be invalid.
(2) A marriage license issued for the marriage of a man or a woman who is a member of the United States Armed Forces, including a member of a state National Guard or a Reserve component on any federal active duty, shall be valid for one hundred eighty (180) days, including the date it is issued, and after that time it shall be invalid.
Section 10. Whereas the Global War on Terrorism has led to abrupt changes in the personal lives of many Kentucky members of the United States Armed Forces, an emergency is declared to exist, and Section 9 of this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law."
TITLE AMENDMENT:
By amending the title to read as follows: "AN ACT relating to current and former members of the United States Armed Forces and their families and declaring an emergency."
Senate Members House Members
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Senator Elizabeth Tori Representative Mike Weaver
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Senator Joey Pendleton Representative Charles Siler
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Senator Richard "Dick" Roeding Representative Eddie Ballard
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The above-named members, in separate votes by house, all concur in the provisions of this report.
April 11, 2006DATE
For Clerk's Use: Adopted: ______
Repassage Vote: ______
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