05RS HB8

HB8

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HB 8/FN (BR 82) - H. Cornett, W. Hall, C. Meade, B. Smith, J. Stacy

     AN ACT relating to the transportation of natural resources.
     Create a new section of KRS Chapter 177 to define the terms "cargo", "coal by-product", "natural resources", "natural resource by-product", "single axle", "steering axle", "tandem axle", and "tridem axle"; create a new section of KRS Chapter 177 to require the Transportation Cabinet to promulgate administrative regulations to administer the extended weight road system; Amend KRS 177.9771 to rename the "extend weight coal haul road system" the extended weight road system, change references to "coal and coal by-products" to "natural resources or natural resource by-products", rename the "energy recovery road fund" the "natural resources recovery road fund"; amend KRS 177.9772 to clarify that an overweight violation that does not occur on the extended weight road system shall be a violation of KRS 189.221 or 189.222; amend KRS 177.979 to allow carriers of natural resources to bond with the Cabinet to exceed weight limits on roads that are not part of the extended weight system through a cooperative agreement; amend KRS 177.977, 177.978, 189.230, and 177.990 to conform.

HB 8 - AMENDMENTS


     HCS/FN - Make technical corrections to change additional references to the "extended weight coal or coal by-products haul system" to the "extended weight road system".

     HFA (1, A. Smith) - Retain original provisions of the bill and add the following new sections: amend KRS 175.640 and 175.650, regarding resource recovery roads, to change references to "coal" to "natural resources"; amend KRS 143.090, regarding distribution of coal severance tax, to clarify that the Transportation Cabinet shall certify the amount of coal severance tax receipts required to make payments on resource recovery road projects; create a new section of KRS Chapter 143A to require the Transportation Cabinet to certify the amount of natural resource severance tax receipts required to make payments on resource recovery road projects; create a new section of KRS Chapter 137 to require the Transportation Cabinet to certify the amount of crude petroleum severance tax receipts required to make payments on resource recovery road projects.

     SCS (1) - Retain the original provisions of HB 8/ GA with the following exceptions: Amend Section 3 to limit the extended weight road system to roads over which 50,000 tons of coal are carried in a year; allow trucks hauling natural resources to operate on the extended weight system up to 120,000 pounds; amend Section 3 to require a representative of the Cabinet instead of the secretary to meet with a local government which has filed a resolution regarding the extended weight system; amend Sections 3 and 5 to change newly inserted references to "natural resources" back to the original "coal"; amend Section 6 to retain the original statutory language that a bonded state road can become part of the extended weight system when 50,000 tons of coal are transported on it; create a new Section 7 to establish a cooperative agreement process whereby a local government can allow a hauler of natural resources to operate on a locally controlled road up to 120,000 pounds to access the extended weight system; allow a person denied the ability to enter into a cooperative agreement to appeal to the commissioner of highways; allow the commissioner, if he finds the cooperative agreement terms offered by a local government to be unreasonable, to place the road into the extended weight system; throughout the Act, change newly inserted references to "natural resources" to include "natural resource by products."

     SCS (2/LM) - Retain the provisions of Senate Committee Substitute #1 with the following exceptions: amend Section 2 to require the Cabinet to promulgate regulations to ensure motor carriers operating under an extended weight tag meet federal and state safety requirements; amend Sections 3 and 7 to eliminate from the extended weight system any road segment that lies within the boundaries of a consolidated local government or urban county government; amend Section 7 to eliminate the appeal to the Commissioner of Highways and replace with an administrative hearing conducted under KRS 13B.

     SFA (1, J. Denton) - Exclude any road or portion of road that lies within the boundaries of a consolidated local government from the extended weight road system.

     SFA (2, E. Scorsone) - Exclude any road or portion of road that lies within the boundaries of an urban county government from the extended weight road system.

     SFA (3, J. Denton) - Exclude any road or portion of road that lies within the boundaries of a consolidated local government and urban-county government from the extended weight road system.

     SFA (4, B. Guthrie) - Amend Section 2 to require the cabinet to promulgate administrative regulations setting out standards and inspection methods to ensure the safety of extended weight trucks.

     (Prefiled by the sponsor(s).)

     Jan 4-introduced in House
     Jan 6-to Transportation (H)
     Feb 8-posted in committee
     Feb 10-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 11-2nd reading, to Rules
     Feb 14-posted for passage in the Regular Orders of the Day for Tuesday, February 15, 2005
     Feb 15-floor amendment (1) filed to Committee Substitute
     Feb 22-3rd reading; floor amendment (1) ruled not germane; passed 55-32 with Committee Substitute
     Feb 23-received in Senate
     Feb 24-to Transportation (S)
     Feb 28-taken from committee; laid on clerk's desk; taken from clerk's desk; 1st reading; returned to Transportation (S)
     Mar 2-taken from committee; laid on clerk's desk; taken from clerk's desk; 2nd reading; returned to Transportation (S)
     Mar 4-reported favorably, to Rules with Committee Substitute; posted for passage in the Regular Orders of the Day for; floor amendments (1) (2) (3) and (4) filed to Committee Substitute
     Mar 8-taken from the Regular Orders of the Day; recommitted to Transportation (S); reported favorably, to Rules with Committee Substitute (2); posted for passage in the Regular Orders of the Day for Tuesday, March 8, 2005; 3rd reading; Committee Substitute (1) withdrawn; floor amendments (1) (2) (3) and (4) withdrawn; passed 23-11-2 with Committee Substitute (2); received in House; to Rules (H); posted for passage for concurrence in Senate Committee Substitute (2) for Tuesday, March 8, 2005; House concurred in Senate Committee Substitute (2); Bill defeated 33-50


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