HB 226 (BR 833) - J. Bell, J. DeCesare, B. Housman
AN ACT relating to outdoor advertising devices.
Amend KRS 177.830 to define the terms "advertising device viewing zone," "view permit," "repair permit," "trim or prune," "routine maintenance," "destroyed," and "routine change of message"; amend KRS 177.863 to make technical corrections; create a new section of KRS 177.830 to 177.890 to allow the owner of a legally erected advertising device to apply to the Transportation Cabinet for a vegetation control permit; specify components of permit application; require a $200 nonrefundable application fee; establish standards for approval of vegetation control permit; establish the procedures for applicants who were denied a permit or issued a restricted permit to submit an amended application for a vegetation control permit; allow applicant that was issued a restricted permit or denied a permit based on an amended application to petition for an administrative hearing under KRS Chapter 13B determine whether denial or restrictions were appropriate; create a new section of KRS 177.830 to 177.890 to require a billboard owner with a valid application in force to secure a view permit each time prior to trimming or pruning vegetation; set fee for each view permit at $150; require $2,500 performance bond prior to issuance of a view permit; make view permits valid until work is completed or for 180 days, whichever is shorter; require the Transportation Cabinet to monitor work done on a view permit; create a new section of KRS 177.830 to 177.890 to require trimming and pruning done under a view permit to be supervised by a certified arborist; prohibit cutting in a view permit area between April 15th and September 15th if the area is a potential habitat for the Indiana Bat; specify that all costs of work under a view permit, including costs for arborist services and replacement vegetation, be borne by the permit holder; create new sections of KRS 177.830 to 177.890 to establish procedures for repair permits on nonconforming advertising devices similar to the procedure for view permits; amend KRS 177.860 to provide for the Transportation Cabinet to establish standards and routine maintenance and routine change of messages on advertising devices; create a new section of KRS 177.830 to 177.890 to establish a penalty of $100 per day for each violation of Sections 3 to 7 of this Act; waive the fine if corrected within 30 days; create a new section of KRS 177.830 to 177.890 to clarify that nothing in Sections 1 through 9 of the Act should be construed as to permit activity which is in conflict with the Federal Highway Beautification Act or any agreement entered into between the Federal Highway Administration and the Commonwealth.
HB 226 - AMENDMENTS
HCS - Retain provisions of original bill with the following exceptions: amend Section 1 to change the definition of term "trim or prune" to include only superfluous vegetation; eliminate definitions for "repair permit," "routine maintenance," "destroyed," and "routine change of message"; amend Section 3 to eliminate the application fee; make an application good for 4 years, rather than 7 years; add requirements to the application including the use of a cabinet certified contractor, proof of insurance, right-of-way access plan; extend the time frame for cabinet approval of an application to 120 days, with 45 days to review appeals; insert a new Section setting forth ability of a city, urban-county , or consolidated local government to endorse the application of an applicant for work on roads in their jurisdiction; amend Section 5, regarding view permits, to set the fee for each view permit at $250; require performance bond sufficient to cover the amount of work; eliminate sections regarding the issuance of repair permits; amend Section 8 to establish a civil penalty of up to $5,000 for violations.
Jan 9-introduced in House
Jan 11-to Transportation (H)
Jan 19-posted in committee
Feb 7-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
Feb 8-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Friday, February 10, 2012
Feb 9-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day
Mar 23-taken from the Consent Orders of the Day; recommitted to Appropriations & Revenue (H)