AN ACT relating to road fund receipts and declaring an emergency.

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AN ACT relating to road fund receipts and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 177.320 is amended to read as follows: 3
(1) Twenty-two and two-tenths percent (22.2%) of all funds arising from the imposition 4
of taxes provided by KRS 138.220(1) and (2), 138.660(1) and (2) , and 234.320 5
shall be set aside for the construction, reconstruction, and maintenance of secondary 6
and rural roads and for no other purpose, and shall be expended for said purposes 7
by the Transportation Cabinet of the Commonwealth of Kentucky according to the 8
terms and conditions prescribed in KRS 177.330 to 177.360. 9
(2) (a) In any fiscal year in which the amount of funds available for revenue 10
sharing arising from the imposition of taxes provided by KRS 138.220(1) 11
and (2), 138.660(1) and (2), and 234.320 is less than or equal to seven 12
hundred sev enty-five million dollars ($775,000,000) [On or after July 1, 13
1980], eighteen and three -tenths percent (18.3%) of those[all] funds[ arising 14
from the imposition of taxes provided by KRS 138.220(1) and (2), 138.660(1) 15
and (2), and 234.320] shall be set aside for the construction, reconstruction , 16
and maintenance of county roads and bridges provided by KRS 179.410 and 17
179.415. 18
(b) In any fiscal year in which the amount of funds available for revenue 19
sharing arising from the imposition of taxes provided by KRS 13 8.220(1) 20
and (2), 138.660(1) and (2), and 234.320 is greater than seven hundred 21
seventy-five million dollars ($775,000,000), the following amounts shall be 22
set aside for the construction, reconstruction, and maintenance of county 23
roads and bridges provided by KRS 179.410 and 179.415: 24
1. One hundred forty -one million eight hundred twenty -five thousand 25
dollars ($141,825,000); and 26
2. Thirteen percent (13%) of those funds in excess of seven hundred 27
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seventy-five million dollars ($775,000,000). 1
(3) All funds set aside in subsection (2) of this section for the construction, 2
reconstruction, and maintenance of county roads and bridges shall be allocated to 3
the county in accordance with the formula established in KRS 177.360(1) pursuant 4
to KRS 179.410. 5
(4) [On or after July 1, 1986, ]One-tenth of one percent (0.1%) of all funds arising from 6
the imposition of taxes provided by KRS 138.220(1) and ( 2), 138.660, and 234.320 7
shall be set aside for the purposes and functions of the Kentucky Transportation 8
Center as established by KRS 177.375 to 177.380, except that the receipts provided 9
to the center by this subsection shall not exceed one hundred ninet y thousand 10
dollars ($190,000) for any fiscal year. 11
Section 2. KRS 177.365 is amended to read as follows: 12
(1) As used in this section: 13
(a) "Construction," "reconstruction," and "maintenance" mean the 14
supervising, inspecting, actual building, and all expenses incidental to the 15
construction, reconstruction, or maintenance of an urban road or street, 16
including: 17
1. Planning, locating, surveying, and mapping or preparing roadway 18
plans; 19
2. Acquisition of rights-of-way; 20
3. Relocation of utilities; 21
4. Lighting; 22
5. Elimination of hazards such as roadway grade crossings; and 23
6. All other items defined in any design, operations, and construction 24
manuals published by the Department of Highways; 25
(b) "Street" means any public way which h as been designated by an 26
incorporated city as being a city street and lying within the boundaries of an 27
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incorporated city; and 1
(c) "Urban road" means any public way lying within the limits of an 2
unincorporated urban place as defined in KRS 81.015, and as d escribed by 3
the United States Bureau of the Census tracts. 4
(2) (a) In any fiscal year in which the amount of funds available for revenue 5
sharing arising from the imposition of taxes provided by KRS 138.220(1) 6
and (2), 138.660(1) and (2), and 234.320 is les s than or equal to seven 7
hundred seventy -five million dollars ($775,000,000) [On and after July 1, 8
1980], seven and seven -tenths percent (7.7%) of those funds [all amounts 9
received from the imposition of the taxes provided for in KRS 138.220(1) and 10
(2), 138. 660(1) and (2) and 234.320] shall be set aside by the Finance and 11
Administration Cabinet for the construction, reconstruction , and maintenance 12
of urban roads and streets and for no other purpose. 13
(b) In any fiscal year in which the amount of funds availabl e for revenue 14
sharing arising from the imposition of taxes provided by KRS 138.220(1) 15
and (2), 138.660(1) and (2), and 234.320 is greater than seven hundred 16
seventy-five million dollars ($775,000,000), the following amounts shall be 17
set aside by the Financ e and Administration Cabinet for the construction, 18
reconstruction, and maintenance of urban roads and streets and for no 19
other purpose: 20
1. Fifty-nine million six hundred seventy -five thousand dollars 21
($59,675,000); and 22
2. Thirteen percent (13%) of those fu nds in excess of seven hundred 23
seventy-five million dollars ($775,000,000)[ 24
(2) As used in this section unless the context requires otherwise "construction," 25
"reconstruction," and "maintenance" mean the supervising, inspecting, actual 26
building, and all exp enses incidental to the construction, reconstruction, or 27
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maintenance of a road or street, including planning, locating, surveying, and 1
mapping or preparing roadway plans, acquisition of rights -of-way, relocation of 2
utilities, lighting and the elimination o f other hazards such as roadway grade 3
crossings, and all other items defined in the Department of Highways, design, 4
operations, and construction manuals. 5
(3) "Urban roads" mean all public ways lying within the limits of the unincorporated 6
urban place as de fined in KRS 81.015, and as described by the Bureau of Census 7
tracts. 8
(4) "Streets" mean all public ways which have been designated by the incorporated city 9
as being city streets and said streets lying within the boundaries of an incorporated 10
city]. 11
Section 3. KRS 178.010 is amended to read as follows: 12
(1) As used in this chapter, unless the context otherwise requires: 13
(a) "Construction" includes reconstruction and improvement; 14
(b) "County road": 15
1. Means a["County roads" are] public road[roads] which has[have] been 16
formally accepted by the fiscal court of the county as a part of the 17
county road system, or a private road[roads], street[streets], or 18
highway[highways] which has[have] been acquired by the county 19
pursuant to subsection (3) of this section or KRS 178.405 to 178.425 ; 20
and[. "County roads" ] 21
2. Includes necessary bridges, culverts, sluices, drains, ditches, waterways, 22
embankments or retaining walls; and 23
(c) "Hard surface road" means a road the surface of which is asphalt, brick, stone 24
block, macadam, concrete, gravel or other material of equal merit. 25
(2) [Nothing in ] This chapter shall not be construed to take from the jurisdiction or 26
control of the legislative body of any i ncorporated city any road, bridge, landing or 27
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wharf, or any other thing exclusively under the jurisdiction or control of the city. 1
(3) [Nothing in ] This chapter shall not prevent any fiscal court from acquiring 2
unimproved land by gift for public purposes. However, on and after July 13, 2004, a 3
fiscal court may only accept a private road, street, or highway by gift if the private 4
road, street, or highway has been constructed to meet minimum construction 5
standards established by the fiscal court. 6
(4) [Nothing in ]This chapter, and[including] the fact that a municipal street has not 7
been accepted into the county road system, shall not prevent any county from 8
entering into an agreement, pursuant to the provisions of KRS 65.210 to 65.300, 9
with any city located wi thin the county to perform work upon or to provide 10
personnel, materials or equipment for work to be performed upon any street located 11
within the city. A county may pay one hundred percent (100%), or a lesser 12
percentage, of all or any part of the cost of th e joint undertaking, based upon the 13
terms agreed to in the interlocal cooperative agreement required by this subsection. 14
Section 4. KRS 189.503 is amended to read as follows: 15
(1) As used in this section: 16
(a) "County road "["County roads"] has the same meaning as in KRS 17
178.010[(1)(b)]; 18
(b) "Local government" means any city, county, urban -county government, 19
consolidated local government, charter county government, or unified local 20
government of the Commonwealth; 21
(c) "Participant" means any person who drives or maintains a motor vehicle used 22
in a racing event; 23
(d) "Racing event" means a motor vehicle race which is sanctioned by a 24
nationally or internationally recognized racing organization and includes 25
preparations, practices, and qualifications for the race; and 26
(e) "Street"["Streets"] has the same meaning as in KRS 177.365[(4)]. 27
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(2) A local government may provide permits to allow a racing event within its 1
jurisdiction: 2
(a) On county roads; 3
(b) On streets; 4
(c) On state -maintained highways in accordance with subsection (7) of this 5
section; or 6
(d) At airports, subject to approval from the relevant airport board. 7
(3) A local government may charge an applicant for a permit under this section: 8
(a) An application fee not to exceed one thousand dollars ($1,000); and 9
(b) The cost of any expenses incurred by the local government to facilitate the 10
racing event. 11
(4) A local government that issues a permit for a racing event shall ensure the applicant 12
for the permit has: 13
(a) Adequate insurance to pay any damages incurred because of loss or injury to 14
any person or property; 15
(b) Adequate security, emergency services, and necessary facilities provided 16
during the racing event; and 17
(c) The ability to protect the health, safety, and welfare of th e citizens of the local 18
government, the race participants, and those attending the racing event. 19
(5) For the facilitation of a racing event sanctioned under this section, a local 20
government may: 21
(a) Temporarily close roads, streets, highways, alleys, sidewalks, and airport 22
runways; 23
(b) Reroute pedestrian and motor vehicle traffic; and 24
(c) Waive local ordinances and traffic regulations. 25
(6) No less than sixty (60) days prior to a scheduled racing event, a local government 26
shall provide written notice to the Transportation Cabinet of any racing event 27
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permit issued under this section. The written notice shall include: 1
(a) The time, date, and location of the racing event; 2
(b) The nationally or internationally recognized racing organization sponsoring 3
the event; 4
(c) A road closure plan that specifies the streets, roads, highways, alleys, 5
sidewalks, and airport r unways that will be temporarily closed or obstructed 6
during the racing event; 7
(d) A traffic control plan that specifies the on -site traffic controls and detour 8
routes to be used during the racing event; 9
(e) The names and phone numbers of emergency and law enforcement contacts 10
overseeing the racing event; and 11
(f) If applicable, a request to cross or use a portion of a state -maintained highway 12
as part of the route in accordance with subsection (7) of this section. 13
(7) The route of a racing event under this s ection that uses or crosses any state -14
maintained highway shall be subject to prior approval by the Transportation 15
Cabinet. 16
(8) So long as the participants adhere to all requirements and regulations set forth by 17
the nationally or internationally recognized racing organization sponsoring the 18
racing event, participants in a racing event under this section shall be exempt from 19
all vehicle equipment and operation standards of this chapter. 20
Section 5. KRS 176.241 is amended to read as follows: 21
As used in KRS 176.241 to 176.249: 22
(1) "County population ranking" has the same meaning as in KRS 154.21-015; 23
(2) "County road"["County roads"] has the same meaning as in KRS 178.010; 24
(3) "Local Assistance Road Program" or "LARP" means a l ist of rehabilitation projects 25
on county roads, streets, and urban roads identified by the General Assembly for 26
funding grants; and 27
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(4) "Street"["Streets"] and "urban road"["urban roads"] have the same meaning as in 1
KRS 177.365. 2
Section 6. KRS 179.010 is amended to read as follows: 3
As used in this chapter, unless the context otherwise requires: 4
(1)[ "County roads" are as defined in KRS 178.010. 5
(2)] "County engineer" means county road engineer; 6
(2) "County road" has the same meaning as in Section 3 of this Act; and[. ] 7
(3) "Obstructions" includes any object which prevents the easy, safe and convenient 8
use of a county road for public travel. 9
Section 7. Whereas this Act establishes a budgetary change that needs to be in 10
place at the beginning of the fiscal year, an emergency is declared to exist, and this Act 11
takes effect upon its passage and approval by the Governor o r upon its otherwise 12
becoming a law. 13