HB 102/FN/LM (BR 155) - D. Pasley, J. Crenshaw, R. Palumbo, J. Richards, T. Thompson, D. Watkins, B. Yonts
AN ACT relating to public infrastructure authorities.
Establish KRS Chapter 175B and create 20 new sections thereof to: provide definitions; establish the Kentucky Public Transportation Infrastructure Authority, specify membership, meeting requirements, staffing, and operations; state the purpose and powers of the authority; direct authority to evaluate potential projects, require that projects be proposed by a local government and approved by the department; permit tolling; establish requirements for level of tolling; direct how proceeds of tolls and other revenues shall be used; permit authority to contract with the department for construction and operations; specify that the authority shall maintain control of projects and revenues from projects; authorize projects constructed by the authority to include interchanges with existing roadways; permit authority to issue administrative regulations, permit public utilities to utilize rights of way under specific circumstances; permit agreements for use of real estate assets of the authority by the Commonwealth; authorize issuance of bonds; state that bonds are not a debt of the Commonwealth; permit incidental use of rights of way for specified purposes; authorize trust relationships; authorize state agencies and localities to invest in bonds; exempt bonds from state taxation; allow authority to contract for provision of maintenance services; direct that projects shall revert to ownership by the Commonwealth when all bonds are retired; require issuance of an annual report and require an annual audit; prohibit officers and employees from directly investing in authority bonds; indemnify board members and employees from personal liability; authorize previous planning and other work to become a part of the function of the authority; amend KRS 176.420 to require the activity of the authority to be evaluated as a part of the six-year road plan; repeal the following sections: KRS 181.850, 181.851, 181.852, 181.853, 181.854, 181.855, 181.856, 181.857, 181.858, 181.859, 181.860, 181.861, 181.862, 181.863, 181.864, 181.865, 181.866, 181.867, 181.868, 181.869.
HB 102 - AMENDMENTS
HCS/FN/LM - Retain original provisions of the bill; authorize creation of a local authority and describe its powers and duties; clarify responsibilities of members of the authority and prohibit them from entering into contracts with the authority; clarify bond language; expand requirements for transfer of project to the Commonwealth; make technical corrections.
HFA (1, D. Pasley) - Make technical corrections to clarify which local government can apply; clarify that a financial plan is created before the development agreement.
HFA (2, S. Brinkman) - Require the local government where a transportation project is to be located to be a party to the financing plan, rather than being consulted with regard to the plan.
HFA (3, D. Owens) - Require confirmation of citizen members of the state authority to be confirmed by the Senate and the House; require confirmation of appointees of a local chief executive to a local authority be confirmed by the local legislative body.
HFA (4, D. Owens) - Increase the membership of the state authority form 11 to 13, specify that one member be appointed by the Speaker of the House and one member by the President of the Senate.
HFA (5, D. Owens) - Change the makeup of a local infrastructure authority to have three members appointed by the Governor and four members appointed by local government chief executives.
HFA (6, S. Brinkman) - Include a local government where a proposed project is located when a development agreement is agreed upon.
SCS/FN/LM - Delete all language; amend KRS 175.410 to update definitions; amend KRS 175.420 to declare legislative intent; amend KRS 175.425 to recognize the Turnpike Authority as an instrumentality of the Commonwealth; amend KRS 175.430 to require meetings; amend KRS 175.450 to declare purpose and powers of the Authority; create new sections of KRS Chapter 175 to allow development in conjunction with other road development: to authorize the method for creating a bi-state authority and describe its duties and responsibilities: to authorize bonds, describe limits and responsibilities: to allow tolling, provide uses and limits of tolls: to require annual reporting and annual audits: to prohibit employees from investing in bonds of the authority: to indemnify officers and employees: to authorize acceptance of previously begun work on a project; amend KRS 174.470 to authorize agreements; amend KRS 175.490, 175.510, 175.530, 175.540, 175.560, and 175.570 to clarify language; amend KRS 175.580 to require the authority to maintain projects; amend KRS 175.610 to require evaluation of projects and transfer to the Commonwealth when certain conditions are met; amend KRS 176.420 to require the Department of Highways to coordinate the six year road plan with the activity of the authority; amend KRS 42.409; repeal the following sections: KRS 181.850, 181.851, 181.852, 181.853, 181.854, 181.855, 181.856, 181.857, 181.858, 181.859, 181.860, 181.861, 181.862, 181.863, 181.864, 181.865, 181.866, 181.867, 181.868, 181.869.
(Prefiled by the sponsor(s).)
Jan 6-introduced in House
Jan 7-to Appropriations & Revenue (H)
Mar 2-posting waived
Mar 5-floor amendments (1) and (2) filed to Committee Substitute ; reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 6-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, March 9, 2009; floor amendments (3) (4) and (5) filed to Committee Substitute
Mar 9-floor amendment (6) filed to Committee Substitute ; 3rd reading; passed 67-23 with Committee Substitute, floor amendments (1) and (5) ; received in Senate; taken from Committee on Committees; 1st reading; returned to Committee on Committees (S)
Mar 10-taken from Committee on Committees; 2nd reading; returned to Committee on Committees (S); to Transportation (S)
Mar 13-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Friday, March 13, 2009; returned to House; 3rd reading, passed 31-2-3 with Committee Substitute ; received in House; posted for passage for concurrence in Senate Committee Substitute ; House refused to concur in Senate Committee Substitute ; received in Senate; Conference Committee appointed in Senate