Senate Bill 138

Actions | Amendments
Last Action floor amendment (3) filed to Committee Substitute
Title AN ACT relating to natural resources and making an appropriation therefor.
Bill Documents Bill
Bill Request Number 886
Sponsors T. Jensen, R. Stivers II
Summary of Original Version Create new sections of KRS Chapter 56 to authorize the Finance and Administration cabinet to lease mineral rights owned by the state and by public universities; establish requirements for leases applicable to operations on state-owned, university-owned lands; establish royalty requirements on oil and gas leases; require the Finance and Administrative Cabinet to promulgate administrative regulations for auctioning the right to lease state-owned and university-owned mineral rights; create a new section of KRS 353.500 to 353.720 to require the Department for Natural Resources to develop a program of permitting oil and gas operations on state-owned lands; establish permitting requirements for oil and gas operations on state-owned lands; require that the proceeds from royalties, cash, bonuses, rents, and payments be paid into the oil and gas conservation fund to be used for the furtherance of the state agency of record on the deed and that proceeds from the fund be credited to the general fund for each agency of record; amend KRS 353.310 to set jurisdiction over oil and gas leases of state-owned mineral rights in Franklin Circuit Court; and amend KRS 353.510 to define "program," "fund," "alternative fuel" and "alternative energy infrastructure, "state oil and gas lease" and "state agency."
Index Headings of Original Version Energy - Oil and gas leases, state-owned lands, authorization for
Environment and Conservation - Oil and gas leases, state-owned lands, environmental protections for
Oil and Natural Gas - Oil and gas leases, state-owned lands, authorization for
Proposed Amendments Senate Committee Amendment 1
House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
Votes Vote History

Actions

Top | Amendments
02/12/09
  • introduced in Senate
02/23/09
  • to Natural Resources and Energy (S)
02/24/09
  • taken from committee
  • 1st reading
  • returned to Natural Resources and Energy (S)
02/25/09
  • reported favorably, 2nd reading, to Rules with committee amendment (1)
02/26/09
  • posted for passage in the Regular Orders of the Day for Friday, February 27, 2009
02/27/09
  • 3rd reading, passed 36-0 with committee amendment (1)
03/02/09
  • received in House
03/03/09
  • to Natural Resources & Environment (H)
03/04/09
  • posting waived
  • posted in committee
03/05/09
  • reported favorably, 1st reading, to Calendar
  • floor amendments (1) and (2) filed
03/06/09
  • 2nd reading, to Rules
  • recommitted to Natural Resources & Environment (H)
03/09/09
  • posted in committee
  • posting waived
03/10/09
  • posted in committee
03/11/09
  • reported favorably, to Rules with Committee Substitute
  • floor amendment (3) filed to Committee Substitute

Proposed Amendments

Top | Actions
Amendment Senate Committee Amendment 1
Sponsor T. Jensen
Summary Make technical correction to change shot-in to shut-in.
Index Headings Energy - Oil and gas leases, state-owned lands, authorization for
Environment and Conservation - Oil and gas leases, state-owned lands, environmental protections for
Oil and Natural Gas - Oil and gas leases, state-owned lands, authorization for

Amendment House Committee Substitute 1
Summary Retain original provisions of SB 138/GA; increase royalty reservation above 12.5 percent by negotiation in the lease; require separate reclamation and plugging bond; allow Finance and Administration to negotiate the construction, placement and operation of facilities appurtenant to the oil and gas operation; exempt the state from paying tax under 143A.020; require that forfeiture of the lease automatically forfeits all bonds; exempt moneys from required bonds and fines and penalties from the oil and gas permittee from the Oil and Gas Conservation Fund and are remitted to the appropriate funds established for plugging, reclamation and division operations; require the secretary of the Environmental and Public Protection Cabinet rather than the Commissioner of Natural Resources approve lands for the program; and make technical corrections.
Index Headings Energy - Oil and gas leases, state-owned lands, authorization for
Environment and Conservation - Oil and gas leases, state-owned lands, environmental protections for
Oil and Natural Gas - Oil and gas leases, state-owned lands, authorization for

Amendment House Floor Amendment 1
Sponsor R. Webb
Summary Authorize the commissioner of the Department for Natural Resources to determine which state-owned or university-owned lands are unsuitable for oil and gas operations; and require the department to submit a written report of the monies received in and distributed from the oil and gas conservation fund to the Governor, the Legislative Research Commission, and the Interim Joint Committee on Appropriations and Revenue.
Index Headings Energy - Oil and gas leases, state-owned lands, authorization for
Environment and Conservation - Oil and gas leases, state-owned lands, environmental protections for
Oil and Natural Gas - Oil and gas leases, state-owned lands, authorization for

Amendment House Floor Amendment 2
Sponsor S. Lee
Summary Remove jurisdiction of Franklin Circuit Court for appeals of final determinations of administrative hearing officers and give jurisdiction to the Circuit Court of the county where the land leased for the oil or gas operation is located; and remove jurisdiction of Franklin Circuit Court over proceedings involving a lease authorized under Section 1.
Index Headings Energy - Oil and gas leases, state-owned lands, authorization for
Environment and Conservation - Oil and gas leases, state-owned lands, environmental protections for
Oil and Natural Gas - Oil and gas leases, state-owned lands, authorization for

Amendment House Floor Amendment 3
Sponsor S. Lee
Summary Remove jurisdiction of Franklin Circuit Court for appeals of final determinations of administrative hearing officers and give jurisdiction to the Circuit Court of the county where the land leased for the oil or gas operation is located; and remove jurisdiction of Franklin Circuit Court over proceedings involving a lease authorized under Section 1.
Index Headings Energy - Oil and gas leases, state-owned lands, authorization for
Environment and Conservation - Oil and gas leases, state-owned lands, environmental protections for
Oil and Natural Gas - Oil and gas leases, state-owned lands, authorization for

Last updated: 1/16/2019 4:30 PM (EST)