00RS SB172


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SB 172 (BR 1691) - E. Harris, D. Boswell

     AN ACT relating to advertising devices.
     Amend KRS 177.830 to define the terms "advertising device viewing zone", "screening", "routine maintenance", "destroyed", "routine change of message", "supplemental permit", "scrub growth", and "accepted horticulture practice"; amend KRS 177.850 to state one of the purposes of state regulation of advertising devices is to provide standards for vegetation control; amend KRS 177.860 to provide for the Transportation Cabinet to establish standards for routine maintenance and routine change of messages on advertising devices; amend KRS 177.863 to allow owners of legally erected advertising devices to apply to the Transportation Cabinet for a vegetation control permit; require the Transportation Cabinet to promulgate administrative regulations governing the standards for approval of a vegetation control permit, specify the information required and conditions that must be met when applying for a vegetation control permit; provide for owners of legally erected advertising devices erected prior to 1993 to apply for a one time special permit to trim vegetation; establish conditions under which a nonconforming advertising device will be allowed to continue to exist; amend KRS 177.870 to establish procedures for the Transportation Cabinet to give notice prior to the removal of illegal advertising devices; provide for appeals to be under the provisions of KRS Chapter 13B; establish a penalty of $100 per day for each day an illegal advertising device is in violation of KRS 177.830 to 177.890.


     SCS - Retain original provisions of the bill with the following exceptions: amend Section 1 to clarify definitions of "advertising device viewing zone," "routine maintenance," and "supplemental permit"; amend Section 2 to apply the provisions of KRS 177.830 to 177.890 to the National Highway System and delete references to views of business; amend Section 4 to limit vegetation control to trimming and pruning, to prohibit vegetation control in the median of a highway, to require the Cabinet to conduct an on-site inspection of the area under a vegetation control plan with the applicant's landscape personnel, to extend to 60 days the time the Cabinet has to make a decision on a vegetation control permit application, to specify that the Cabinet will contract for work done under a vegetation control permit with the cost being borne by the applicant, to include under the supplemental permit process the trimming and pruning of vegetation greater than 4 inches in diameter under some circumstances, to replace the word "remove" with the word "trim," and to insert a new subsection (9) to allow the owner of a nonconforming but legal sign to apply to the Cabinet to repair damage caused by vandalism so the sign is substantially the same as it was on the date it became nonconforming; amend Section 6 to give the owner of an illegal sign 30 days in which to remove the sign before the $100 per day fine applies.
     HFA (1, J. Haydon) - Amend the definition of "advertising device viewing zone" to clarify distance for devices perpendicular to the highway and for devices "V" shaped or parallel to the highway; amend the definition of "routine maintenance" to clarify that the routine maintenance does not include the addition of new supports or poles needed by splicing or attaching to existing supports; and add a provision requiring a verification form from a certified arborist when applying for an original vegetation control permit.

     Feb 1-introduced in Senate
     Feb 3-to Transportation (S)
     Feb 24-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Feb 25-2nd reading, to Rules
     Feb 28-posted for passage in the Consent Orders of the Day for Tuesday, February 29, 2000
     Feb 29-3rd reading, passed 37-0 with Committee Substitute
     Mar 1-received in House
     Mar 2-to Tourism Development and Energy (H)
     Mar 8-posted in committee
     Mar 14-reported favorably, 1st reading, to Calendar
     Mar 15-2nd reading, to Rules
     Mar 16-posted for passage in the Regular Orders of the Day for Friday, March 17, 2000
     Mar 17-floor amendment (1) filed
     Mar 27-recommitted to Appropriations and Revenue (H)

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