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HB4

09SS

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HB 4/LM (BR 16) - D. Pasley, L. Clark, S. Overly, T. Thompson, B. Yonts

     AN ACT relating to public infrastructure authorities.
     Establish KRS Chapter 175B and create 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 how potential projects are evaluated, proposed, and approved; establish how bi-state authorities may be created; establish how project authorities may be created; 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 how projects shall revert to ownership of 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; 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 4 - AMENDMENTS


     HCS/LM - Retain original provisions; add a requirement that meetings of the various authorities be open meetings pursuant to KRS 61.800 to 61.850.

     HFA (1, R. Webb) - Retain original provisions; add a new subsection in Section 4 of the Act requiring the state authority to report before the first issuance of bonds and no less than semiannually thereafter to the Capital Projects and Bond Oversight Committee and to the Interim Joint Committee on Appropriations and Revenue of the Legislative Research Commission; require that each project be approved by the Committee before the bonds are issued; add a new section of KRS Chapter 45 requiring the Kentucky Public Transportation Authority to provide a status report to the Capital Projects and Bond Oversight Committee at the January and July regular meetings.

     HFA (2, R. Webb) - Retain original provisions; add a new subsection in Section 4 of the Act requiring the state authority to report before the first issuance of bonds and no less than semiannually thereafter to the Capital Projects and Bond Oversight Committee and to the Interim Joint Committee on Appropriations and Revenue of the Legislative Research Commission require that each project be reviewed by the Committee before the bonds are issued; add a new section of KRS Chapter 45 requiring the Kentucky Public Transportation Authority to provide a status report to the Capital Projects and Bond Oversight Committee at the January and July regular meetings.

     SCS - Amend 2008 Kentucky Acts Chapter 127, the state/executive branch budget, to create a new budget reduction plan for fiscal year 2009-2010; appropriate additional general funds in fiscal year 2009-2010 for the Commonwealth's attorneys, county attorneys, Department of Parks, Horse Racing Authority, and Department of Revenue; provide for the allocation of SEEK funds; provide for the use of excess SEEK funds in fiscal year 2009-2010; allow school districts funding flexibility; appropriate additional federal funds for unemployment; establish the total rate of unemployment and total extended benefit amount as well as the numerator for calculating the rate of insured unemployment; appropriate unexpended fiscal year 2007-2008 restricted funds to Operation Unite; provide for guaranteed energy savings performance contracts; reauthorize and reallocate bond funds for the plan and design of a replacement for Glasgow State Nursing Facility; reauthorize the Upgrade Fire Safety/Repair Morehead Youth Detention Center capital project; provide for the reallocation of appropriations among budget units in fiscal year 2009-2010; reauthorize and reallocate a 2006 capital project in Breathitt County so that the secretary of the Commerce Cabinet shall now receive the funds and implement the project; require the legislative and judicial branches to transfer funds; EMERGENCY.

     SCA (1/Title, C. Borders) - Make title amendment.

     CCR - Adopt the provisions of HB 4/SCS with the following changes: appropriate an additional $1,200,000 for Commonwealth’s attorneys and $1,100,000 for county attorneys;
authorize the transfer of land known as the Glendale site for use for a manufacturing facility and supporting or associated facilities; provide that members of a water district's board of commissioners shall be residents or customers of the district; appropriate $1,727,100 for the Department of Public Advocacy; provide for the reauthorization and reallocation of bond funds for the Bluegrass Water Supply Commission project; authorize other funds for the University of Kentucky to renovate and upgrade Commonwealth Stadium and to construct a baseball stadium; authorize $100,000,000 in agency bonds for the expansion of the University of Kentucky patient care facility; authorize $10,500,000 in restricted funds to purchase and improve real property at the downtown Jefferson Community and Technical College; require the judicial branch to transfer $22,664,100 to the general fund; make title amendment.

     Jun 15-introduced in House; to Appropriations & Revenue (H); taken from Appropriations & Revenue (H); 1st reading; returned to Appropriations & Revenue (H); posting waived
     Jun 16-taken from Appropriations & Revenue (H); 2nd reading; returned to Appropriations & Revenue (H); reported favorably, to Rules with Committee Substitute ; placed in the Orders of the Day for Wednesday, June 17, 2009
     Jun 17-floor amendments (1) and (2) filed to Committee Substitute ; 3rd reading, passed 89-9 with Committee Substitute, floor amendment (2) ; received in Senate; taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S)
     Jun 18-to Transportation (S); taken from Transportation (S); 2nd reading; returned to Transportation (S)
     Jun 19-taken from Transportation (S); reassigned to Appropriations & Revenue (S); reported favorably, to Rules with Committee Substitute, committee amendment (1-title) ; posted for passage in the Regular Orders of the Day for Friday, June 19, 2009; 3rd reading, passed 33-0-1 with Committee Substitute, committee amendment (1-title)
     Jun 22-received in House; posted for passage for concurrence in Senate Committee Substitute, committee amendment (1-title) ; House refused to concur in Senate Committee Substitute, committee amendment (1-title) ; received in Senate
     Jun 23-posted for passage for receding from Senate Committee Substitute, committee amendment (1-title) ; Senate refused to recede from Committee Substitute, committee amendment (1-title) ; Conference Committee appointed in House and Senate
     Jun 24-Conference Committee report filed in House and Senate; posted for passage for consideration of Conference Report ; Conference Committee report adopted in Senate; Bill passed 35-0; received in House; posted for passage for consideration of Conference Report ; Conference Committee report adopted in House; Bill passed 97-0; enrolled, signed by each presiding officer; delivered to Governor
     Jun 26-signed by Governor

Vote History
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