HB 199 (BR 296) - E. Ballard
AN ACT relating to roads.
Amend various sections of KRS Chapter 178, relating to county and public roads, to delete references to roads adopted into the county road system after July 1, 1914; amend KRS 178.010 to require a private road, street, or highway being given as a gift to a county after the effective date of the Act to meet minimum construction standards established by a fiscal court; amend KRS 178.025 to make uniform at fifteen years the time a road used by the general public is presumed to be a public road; delete references to how the width of a public road is measured in the absence of any record; amend KRS 178.040 to require that all county roads and all public roads that are being adopted in a county road system after the effective date of the Act occupy a minimum 30 feet right-of-way width; provide that all county roads and public roads in existence prior to the effective date of the Act shall be deemed to meet and occupy a minimum 30 feet right-of-way width in the absence of any written record to the contrary; amend KRS 178.070 to require notices for a road being discontinued to be posted at three prominent and visible public places within one mile of the road; require the viewers appointed by the fiscal court to have no vested interest in the discontinuance of the road; require the viewers' report to be presented at a public meeting of the fiscal court; amend KRS 178.117 to expand to all counties the provisions governing persons wanting to personally pay for improvements to a public road; amend KRS 178.080, 178.100,178.115, 178.405, and 178.415 to conform; repeal KRS 178.155 governing the effect of lack of maintenance of a road by a county for 15 years.
HB 199 - AMENDMENTS
HCS/LM - Retain the provisions of the original bill with the following change: In Section 3, subsection (2), add a provision that the 30 foot minimum right-of-way may be reduced if a fiscal court finds the minimum cannot be met due to the topography of the road or other extraordinary circumstances exist; amend Section 10 to conform.
HFA (1, K. Hall) - Retain the provisions of the committee substitute with the following change: In Section 2, delete all the new language in subsection (2) that precludes a road that has not been maintained for 15 consecutive years from being part of the county road system and prohibits the fiscal court from spending county funds for maintenance or improvements on the road.
SCS - Retain original provisions of the bill with the following exception: remove language that roads in existence prior to the effective date of the Act are deemed to have a 30 foot right of way and instead exempt roads in existence prior to the effective date of the Act from the minimum right of way requirement.
Jan 7-introduced in House
Jan 8-to Transportation (H)
Feb 10-posted in committee
Feb 12-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 13-2nd reading, to Rules
Feb 17-posted for passage in the Regular Orders of the Day for Wednesday, February 18, 2004
Feb 19-floor amendment (1) filed to Committee Substitute
Feb 25-3rd reading, passed 97-0 with Committee Substitute, floor amendment (1)
Feb 26-received in Senate
Mar 2-to Transportation (S)
Mar 17-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
Mar 18-2nd reading, to Rules
Mar 19-posted for passage in the Consent Orders of the Day for Monday, March 22, 2004
Mar 22-3rd reading, passed 38-0 with Committee Substitute
Mar 23-received in House; to Rules (H)
Mar 24-posted for passage for concurrence in Senate Committee Substitute for Thursday, March 25, 2004
Mar 25-House concurred in Senate Committee Substitute ; passed 91-0
Mar 26-enrolled, signed by each presiding officer; delivered to Governor
Apr 7-signed by Governor (Acts ch. 61)