Kentucky SB 153

Amend KRS 367.620 to exclude certain activity from the definition of "goods or services relating to real estate"; amend KRS 367.624 to require contractors to furnish a notice relating to assignment of benefits prior to entering into a real estate goods or services contract; amend KRS 367.626 to prohibit requiring a person to pay a cancellation fee or any other fee contained in a contract that is not enforceable against the person; amend KRS 367.628 to prohibit certain representations and marketing by a contractor or person representing a contractor; provide that certain contracts between a contractor or person representing a contractor and an insured are not enforceable; modify provision prohibiting causing, or encouraging another person to cause, damage to real estate; prohibit contractors from having a financial connection with certain persons; prohibit contractors from soliciting or providing contracts on behalf of certain persons; provide that certain violations constitute a fraudulent insurance act under KRS 304.47-020 and criminal mischief in the first degree under KRS 512.020; amend KRS 367.627 to make technical amendments; require the Attorney General to enforce the contractor requirements; create a new section of KRS Chapter 15 to provide the Attorney General with concurrent jurisdiction in the investigation and prosecution of offenses under KRS 304.47-020; amend KRS 304.47-020 and 512.020 to conform; create a new section of KRS Chapter 367 to authorize the Attorney General to issue an order during certain states of emergency to require persons engaging in business as a contractor in the designated area to obtain a certificate of registration; establish registration application requirements; authorize peace officers in the designated area to enforce an order issued by the Attorney General; require contractors to post a copy of the contractor's certificate of registration at each job site within the designated area; require contractors to provide a copy of the certificate of registration or proof of registration to specified persons; prohibit contractors from soliciting business in person within the designated area for 90 days after a state of emergency is declared; prohibit local governments from imposing emergency registration or licensure for contractors under certain circumstances; exempt contractors from the registration and related requirements if the Attorney General determines that the local government imposes greater emergency registration or licensing requirements; permit a local government to submit a declaration to the Attorney General stating that the local government's emergency registration or licensure requirements are greater than those imposed under the section; require the Attorney General to affirm or reject a local government's declaration; authorize the Attorney General to promulgate administrative regulations; amend KRS 411.230 to conform; direct that certain provisions apply to contracts entered into on or after the effective date of the Act.