SB 195 Kentucky Senate · 2026 Regular Session

AN ACT relating to participants in the legal system.

Summary
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."
Bill status signed all 5 stages cleared
Introduction
Feb 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House Passage
Mar 2026
Signed into Law
Apr 2026
Introduced Feb 12, 2026 Signed Apr 12, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Current/Final · 5 edits
MODERATE
This bill fundamentally shifts Kentucky's legal approach to public infrastructure projects by creating a new 'design-build' liability framework. It replaces the previous focus on child safety seat laws with provisions that limit the civil liability of contractors and design professionals for errors in public works projects, provided they followed the plans given to them by the government.
Scope change
The bill's scope changed from regulating child passenger safety and general seat belt laws to establishing a specific legal defense for contractors and engineers working on public infrastructure projects.
REQUIREMENT

Removed all provisions related to child restraint systems, booster seats, and seat belt usage requirements.

DEFINITION

Added new definitions for 'contracting entity,' 'contractor,' 'design professional,' 'latent defect,' and 'project' to clarify who is covered under the new rules.

LIABILITY

Created a rebuttable presumption that contractors and design professionals followed the plans and specifications provided by the government, shifting the burden of proof in lawsuits.

Limited contractor liability for property damage, injury, or death if the error was in the design plans provided by the government or if the defect was a 'latent defect' not visible during construction.

ENFORCEMENT

Removed rules regarding the transmission of seat belt violation convictions to driving records.

Floor votes · Senate Mar 19, 2026

How they voted

366
Passed · 2 other
Total votes 44
Mar 19, 2026
D Democratic6
4 Nay 2
66% Nay
R Republican38
36 Yea 2 Nay
94% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
36
Key actions
10
Committee
9
Amendments
1
Apr 10, 2026
Introduced
filed without Governor's signature with the Secretary of State
upper
Mar 31, 2026
Lower · Passed
enrolled, signed by Speaker of the House
lower
Mar 31, 2026
Upper · Passed
enrolled, signed by President of the Senate
upper
Mar 31, 2026
Upper · Passed
passed 29-9
upper
Mar 31, 2026
Upper · Passed
Senate concurred in Committee Substitute (1), Floor Amendments (3) and (1) and Floor Amendment (2-title)
upper
Mar 27, 2026
Upper · Passed
passed over and retained for concurrence in House Committee Substitute (1), Floor Amendments (1) and (3) and Floor Amendment (2-title)
upper
Mar 27, 2026
Upper · Passed
posted for passage for concurrence in House Committee Substitute (1), Floor Amendments (1) and (3) and Floor Amendment (2-title)
upper
Mar 27, 2026
Committee
to Rules (S)
upper
Mar 26, 2026
Upper · Passed
3rd reading, passed 66-25 with Committee Substitute (1), Floor Amendments (1) and (3) and Floor Amendment (2-title)
upper
Mar 25, 2026
Introduced
floor amendments (1) and (3) filed to Committee Substitute , floor amendment (2-title) filed to bill
upper
Mar 25, 2026
Upper · Passed
reported favorably, 2nd reading, to Rules with Committee Substitute (1)
upper
Mar 20, 2026
Committee
to Judiciary (H)
lower
Mar 19, 2026
Committee
to Committee on Committees (H)
lower
Mar 19, 2026
Upper · Passed
3rd reading, passed 31-5 with Committee Substitute (1)
upper
Mar 19, 2026
Upper · Passed
reported favorably, to Rules with Committee Substitute (1)
upper
Mar 16, 2026
Committee
to Judiciary (S)
upper
Feb 12, 2026
Committee
to Committee on Committees (S)
upper
Feb 12, 2026
Introduced
introduced in Senate
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.