HB 173 (BR 270) - K. Hall, D. Butler, J. Carney, T. Couch, W. Coursey, J. Glenn, J. Gooch Jr., R. Henderson, M. Henley, C. Hoffman, B. Housman, J. Jenkins, D. Keene, M. King, Ji. Lee, T. Mills, T. Moore, F. Nesler, D. Osborne, J. Richards, C. Siler, K. Stevens, J. Stewart III, B. Yonts, J. York
AN ACT relating to establishing programs for gaining access into Kentucky's state-owned and state-managed recreational lands and making an appropriation therefor.
Amend KRS 148.795 by expanding the powers and duties of the Kentucky Recreational Trails Authority (KRTA) to plan, coordinate, and implement the "Gaining Access Into Nature" or GAIN program; establish the KRTA as a separate administrative agency of state government; require the KRTA to prepare a statewide recreational trail plan; require the Tourism, Arts and Heritage Cabinet to provide administrative, legal, and other types of staff support to the KRTA; establish the Kentucky Recreational Trails Authority fund as a restricted fund and a separate account in the fund as the GAIN account; direct land agreement fees and GAIN program fees into the fund; authorize KRTA to coordinate a statewide system for recreational trails on public lands and authorize KRTA and state agencies owning or managing recreational land to charge fees for access; require preparation of agency plans for implementing the GAIN program on state-owned or state -managed recreational lands; amend KRS 56.00 to prohibit state agencies which own recreational land to restrict public access to the land without advance notice to the local area residents.
HB 173 - AMENDMENTS
HCS - Establish the Kentucky Mountain Trail Corporation (KMTC) as an independent, de jure municipal corporation, attached to the Kentucky Tourism, Arts and Heritage Cabinet for administrative purposes only; authorize the KMTC to establish the Kentucky Mountain Regional Recreation Area for tourism and outdoor recreation opportunities for residents and visitors; identify counties as eligible for membership in the Kentucky Mountain Regional Recreation Area; describe processes by which counties may indicate interest in membership in the area; establish a board of directors made up of one member from each participating county, appointed by the county judge/executive and confirmed by the fiscal court; authorize board meetings at least quarterly; authorize the board to adopt bylaws for governance including procedures for establishing an executive committee, board member removal, and reimbursement for travel and expenses; ensure that all Corporation board meetings shall be open meetings and records are deemed open records according to state Open Meetings and Open Records laws; outline methods for appointing an executive director and hiring additional staff; provide that all minutes and meeting records comply with state open meeting laws in KRS Chapter 61.870 through KRS Chapter 61.884; establish that all operational costs of the corporation shall be paid from funds accruing to the corporation, through fees, grants or other self-funding mechanisms. Enable the Corporation to procure insurance, execute contracts, accept grants and loans, maintain an office, assess fees for trails, parking and other trail-related recreational purposes and to promulgate administrative regulations to govern the Kentucky Mountain Regional Recreational Area; authorize the Corporation to hire trail rangers; establish procedures for the Corporation to issue revenue bonds and revenue refunding bonds; ensure that participating landowners are not liable for willful negligence or similar damages; establishes framework for adopting administrative regulations for a penalty schedule for violations or trail laws and rules.
HCA (1/Title, E. Ballard) - Make title amendment.
HFA (1/Title, K. Hall) - Make title amendment.
HFA (2, K. Hall) - Amend the Kentucky Mountain Trail Corporation area to add Clay, Lawrence and Leslie counties as eligible for inclusion as participating counties; add four members to the Board of directors - two members from the Kentucky House of Representatives and two members from the Kentucky Senate; delete language which includes Kentucky Mountain Trail Corporation employees in the state employment, retirement and benefits systems and establish that all staff be paid from funds accruing to the corporation; establish that trail rangers be required to have training commensurate with that of similar enforcement officers, before the rangers can be authorized to execute full police powers; make technical corrections.
HFA (3, T. Edmonds) - Amend the list of eligible counties in the Kentucky Mountain Regional Recreation Area which have the opportunity for membership in the Kentucky Mountain Trail Corporation, once the fiscal court of each county adopts a resolution to affirmatively support membership, to include Lee and Owsley counties.
SCS - Create a Task Force on Mountain Trail Systems of the Legislative Research Commission for the purpose of studying the economic and tourism development challenges, benefits and opportunities for a mountain trail system in eastern Kentucky; authorize membership of the task force to include three members of the Kentucky Senate, appointed by the Senate President, and three members of the Kentucky House of Representatives, appointed by the House Speaker; authorize the task force to conduct up to five meetings and to prepare a report to the Legislative Research Commission to be received no later than December 31, 2010.
SCA (1/Title, D. Thayer) - Make title amendment.
(Prefiled by the sponsor(s).)
Jan 5-introduced in House; to Tourism Development & Energy (H)
Mar 16-posted in committee
Mar 18-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title); floor amendment (2) filed to Committee Substitute, floor amendment (1-title) filed
Mar 19-2nd reading, to Rules
Mar 22-posted for passage in the Regular Orders of the Day for Tuesday, March 23, 2010; floor amendment (3) filed to Committee Substitute
Mar 23-3rd reading, passed 99-0 with Committee Substitute, floor amendments (1-title) (2) and (3) ; received in Senate
Mar 24-to State & Local Government (S)
Apr 1-reported favorably, 1st reading, to Consent Calendar with Committee Substitute, committee amendment (1-title)