98RS SB226


Unofficial WWW Version

SB 226/FN (BR 1672) - G. Freeman

     AN ACT relating to highways and declaring an emergency.
     Create a new section of KRS 176.122 to 176.128, related to employees of the Transportation Cabinet being prohibited from performing work on private property, to allow employees of a district highway office to enter onto private property adjoining the right-of-way limits of a public road to remove trees or other hazards on the property in imminent danger of falling into the public roadway and endangering the motoring public; if a property owner refuses the department permission to enter and remove the danger, or if the property owner fails to remove the danger, permit the department to seek injunctive relief from the Circuit Court for permission to enter the property and remove the danger; provide for the state to attach a lien on the property until the owner reimburses the state the reasonable value of labor and materials used by the state to remove the immediate threat to the motoring public; amend KRS 176.124 and 176.126 to conform; EMERGENCY.


     HCS/FN - Retain the provisions of the original bill, with the following changes: in subsection (2) of Section 3 provide for the lien against a private property owner to be permissive rather than mandatory; delete the requirement that the lien levied under this bill shall take precedence over other liens; add a new Section 4 to amend KRS 176.070 to permit the Transportation Cabinet to advertise for bids on highway projects before all right-of-way is purchased for the road project; provide for the emergency clause to apply to Sections 1 to 3 of the Act.
     HFA (1, R. Adams) - WITHDRAWN
     HFA (2, R. Adams) - Attach provisions of HB 827 except delete provision prohibiting a fiscal court from performing work on a public use road.
     HFA (3, R. Adams) - Attach Provisions of HB 827

     Jan 28-introduced in Senate
     Jan 29-to Transportation (S)
     Mar 11-reported favorably, 1st reading, to Consent Calendar
     Mar 12-2nd reading, to Rules
     Mar 13-posted for passage in the Consent Orders of the Day for March 17, 1998
     Mar 17-3rd reading, passed 36-0
     Mar 18-received in House
     Mar 19-to Transportation (H)
     Mar 23-posted in committee; posting waived
     Mar 24-reported favorably, 1st reading, to Calendar with Committee Substitute; floor amendment (1) filed
     Mar 25-2nd reading, to Rules; floor amendment (2) filed; floor amendment (1) withdrawn
     Mar 26-posted for passage in the Regular Orders of the Day
     Mar 27-floor amendment (3) filed to Committee Substitute
     Apr 1-3rd reading, defeated 40-48 wtih Committee Substitute

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