SB 197 (BR 1670) - J. Westwood, R. Roeding, D. Thayer
AN ACT relating to sanitation districts.
Amend KRS 220.010 to add definitions for "sanitary purposes," "sanitary system," "storm water system," and "storm water purposes"; amend KRS 220.030 to add storm water systems to the powers and purposes for establishing sanitation districts; amend KRS 220.170 require the board of directors to annually elect from its membership a chair, instead of a president, a vice-chair, secretary, and treasurer; clarify that all board meetings, minutes, contracts, shall be open to inspection pursuant to the Kentucky Open Records Act; allow a board to appoint a dispute resolution officer to review customers complaints if a hearing is not required; allow aggrieved person to appeal the decision to the Circuit Court; amend KRS 220.180 to specify that the district, under the direction of the secretary, shall maintain the minutes and records of the district board of directors, and assist the board; amend KRS 220.190 to require checks or vouchers for the district to be valid only if countersigned by two management employees of the district instead of the president of the board; amend KRS 220.200 to allow the board of directors to employ a president and other officers to operate the district; amend KRS 220.280 to include storm water in language relating to the powers of the board; amend KRS 220.290 to raise requirements for contracts for work exceeding $20,000, rather than $1,000 to be advertised by bids for publication pursuant to KRS Chapter 424; amend KRS 220.320 to change references to sewers to sanitary systems and storm water systems; allow a board to impose a civil penalty on a person or public corporation for regulation violations; raise the penalty from not more than $1,000 to not more than $5,000; amend KRS 220.322 to make property owners responsible for maintaining any improvements made to private property for storm water collection; amend KRS 220.510 to add language to allow the board of directors, by resolution or regulation to determine rates and compensation of rentals to be charged for the management and operation of the storm water system; amend KRS 224.73-100 to allow private sewage treatment companies to condemn rights of way; amend various other statutes to conform.
SB 197 - AMENDMENTS
SCS - Retain original provisions; amend Section 17 to remove language raising the requirement for contracts for work exceeding $20,000 (rather than $1,000) to be advertised by bids for publication pursuant to KRS Chapter 424; amend Section 20, related to the removal or adjustment of obstructions, to restore language stating that "The reasonable cost and expense of such damage shall be met by the district."
SFA (1, J. Westwood) - Amend Section 7 to cap the time frame for which an appeal to the Circuit Court can be made to "within 30 days from entry of the final order"; amend Section 19 to clarify that the property owners shall be responsible for private property improvements they make.
SFA (2, J. Westwood) - Delete Section 28 relating to eminent domain use by corporations.
HCS - Retain original language; restore original language in KRS 220.135 to require uniform rates with variations only on the rate of consumption; amend KRS 220.200 to require only the president and chief engineer to serve at the pleasure of the board and permit the board to require them to give bond, delete language regulating the employment of other employees and office expenditures, and delete language which required the attorney to serve only at the pleasure of the board; restore language in KRS 220.280 outlining the power of the board of directors; restore original language in KRS 220.320 relating to the recovery of fines by civil action for violation of regulations of the district, delete language which would require oversight of district rules and regulations by the Natural Resources and Environmental Protection Cabinet, and permit attorney fees to be recovered in a civil action along with other specified costs; amend KRS 220.510 to clarify that all rates within the sanitary system be uniform varying only on the basis of consumption and delete language relating to the discontinuation of service for non-payment of storm sewer fees; and amend KRS 220.140 to require at least 1 appointee made by the county judge/executive of the most populous county to be a resident of the most populous city in that county.
Feb 18-introduced in Senate
Feb 23-to Agriculture and Natural Resources (S)
Feb 26-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 27-2nd reading, to Rules
Mar 2-posted for passage in the Regular Orders of the Day for Wednesday, March 3, 2004; floor amendment (1) filed to Committee Substitute
Mar 3-passed over and retained in the Orders of the Day
Mar 4-3rd reading; passed over and retained in the Orders of the Day; floor amendment (2) filed to Committee Substitute
Mar 9-3rd reading, passed 35-0 with Committee Substitute, floor amendments (1) and (2) ; received in House
Mar 10-to Natural Resources and Environment (H)
Mar 12-posted in committee
Mar 15-reassigned to Local Government (H)
Mar 19-posted in committee
Mar 23-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 24-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, March 25, 2004
Mar 25-3rd reading, passed 95-1 with Committee Substitute ; received in Senate