Kentucky House Bill 226 (Prior Session Legislation)

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Spectrum: Slight Partisan Bill (Republican 2-1)
Status: Introduced on January 9 2012 - 25% progression, died in committee
Action: 2012-03-23 - recommitted to Appropriations & Revenue (H)
Pending: House Appropriations and Revenue Committee
Text: Latest bill text (Draft #1) [MS Word]

Amend KRS 177.830 to define the terms "advertising device viewing zone," "view permit," "repair permit," "trim or prune," "routine maintenance," "destroyed," and "routine change of message"; amend KRS 177.863 to make technical corrections; create a new section of KRS 177.830 to 177.890 to allow the owner of a legally erected advertising device to apply to the Transportation Cabinet for a vegetation control permit; specify components of permit application; require a $200 nonrefundable application fee; establish standards for approval of vegetation control permit; establish the procedures for applicants who were denied a permit or issued a restricted permit to submit an amended application for a vegetation control permit; allow applicant that was issued a restricted permit or denied a permit based on an amended application to petition for an administrative hearing under KRS Chapter 13B determine whether denial or restrictions were appropriate; create a new section of KRS 177.830 to 177.890 to require a billboard owner with a valid application in force to secure a view permit each time prior to trimming or pruning vegetation; set fee for each view permit at $150; require $2,500 performance bond prior to issuance of a view permit; make view permits valid until work is completed or for 180 days, whichever is shorter; require the Transportation Cabinet to monitor work done on a view permit; create a new section of KRS 177.830 to 177.890 to require trimming and pruning done under a view permit to be supervised by a certified arborist; prohibit cutting in a view permit area between April 15th and September 15th if the area is a potential habitat for the Indiana Bat; specify that all costs of work under a view permit, including costs for arborist services and replacement vegetation, be borne by the permit holder; create new sections of KRS 177.830 to 177.890 to establish procedures for repair permits on nonconforming advertising devices similar to the procedure for view permits; amend KRS 177.860 to provide for the Transportation Cabinet to establish standards and routine maintenance and routine change of messages on advertising devices; create a new section of KRS 177.830 to 177.890 to establish a penalty of $100 per day for each violation of Sections 3 to 7 of this Act; waive the fine if corrected within 30 days; create a new section of KRS 177.830 to 177.890 to clarify that nothing in Sections 1 through 9 of the Act should be construed as to permit activity which is in conflict with the Federal Highway Beautification Act or any agreement entered into between the Federal Highway Administration and the Commonwealth.

AN ACT relating to outdoor advertising devices.

Rep. Johnny Bell [D]

Rep. Jim DeCesare [R]

Rep. David Housman [R]

Date	Chamber	Action
2012-03-23		recommitted to Appropriations & Revenue (H)
2012-03-23		taken from the Consent Orders of the Day
2012-02-09		taken from the Consent Orders of the Day, placed in the Regular Orders of the Day
2012-02-08		posted for passage in the Consent Orders of the Day for Friday, February 10, 2012
2012-02-08		2nd reading, to Rules
2012-02-07		reported favorably, 1st reading, to Consent Calendar with Committee Substitute
2012-01-19		posted in committee
2012-01-11		to Transportation (H)
2012-01-09		introduced in House

Type	Source
Summary	http://www.lrc.ky.gov/record/12RS/HB226.htm
Text	http://www.lrc.ky.gov/record/12RS/HB226/bill.doc