HB 556 (BR 501) - K. Hall, I. Branham, R. Palumbo, Jo. Turner
AN ACT providing for the establishment and management of a state park.
Create a new section of KRS Chapter 148 to establish the Pine Mountain Trail State Park and specify legislative intent; create a new section of Chapter KRS 148 to create definitions; create a new section of Chapter 148 to designate the boundaries of the park, to allow the Department of Parks to designate side trails and points of public access, to designate the trail as a scenic trail, and to require the boundaries to be determined by December 31, 2002; create a new section of KRS Chapter 148 to allow the power of eminent domain to be exercised, to allow the department to acquire or lease land and to receive gifts of land; create a new section of KRS Chapter 148 to require the natural vegetation to be undisturbed except for clearings; specify when hunting of wild game is permitted; prohibit the use of motor vehicles, except as established by regulations; specify by regulation the use of land; allow a change of the use permit by boundary land owners and require a hearing, a deadline on a opinion order, and a grievance process; create a new section of KRS Chapter 148 to create a fund for the purposes of carrying out the provisions of the Act; create a new section of KRS Chapter 148 to designate the Department of Parks as the agency responsible for administering the park and managing the trail; create a new section of KRS Chapter 148 to clarify that the public has no right to use private lands; create a new section of KRS Chapter 148 to require the department or the Attorney General to bring an action for a violation of the Act; create a new section of KRS Chapter 148 to designate a civil penalty for any violation; and create a new section of Chapter 148 to designate this Act as the Pine Mountain Trail Act.
HB 556 - AMENDMENTS
HCS - Retain original provisions; in Section 1 remove certain language describing the General Assembly's intent and add subsection recognizing that the General Assembly does not intend to create a 120 mile linear barrier around southeastern Kentucky, and recognizes the need for ingress and egress for owners of property; in Section 2 add a definition of department and add to the definition of person; in Section 3 specify the boundaries of the trail from Bad Branch State Nature Preserve to Pine Mountain State Resort Park to be 250 feet along the top of Pine Mountain, and the trail from Pine Mountain State Resort Park to Cumberland Gap National Park to be no wider than 250 feet; allow the department to negotiate with land owners for additional land; change side trails to side paths which cannot be taken by eminent domain; remove descriptive language of the trail; require the department to set the boundaries no later than June 30, 2003, instead of December 31, 2002; in Section 4 limit the powers of eminent domain to acquire land; waive the boundary restriction for wells; in Section 5 specify that revenues from the cutting of timber and resource removal inure to the property owner from which the Commonwealth acquired the property unless the property was purchased by the department; require that public hearings for administrative regulations and management plans be held in the counties in which trail lies; allow for above-ground blasting utilizing no more than 10,000 pounds of explosives; require means for ingress and egress for owners of property rights affected by the creation of the trail for access; provide easements to access adjacent land, hunting, fishing, trapping, or removing edible, medicinal, or ornamental plants and herbs, and for access and maintenance of cemeteries; in section 7 require, within 6 months of the designation of the trail, a management plan and public hearings and within 12 months the promulgation of administrative regulations; in Section 9 require injunctive relief in the name of the Commonwealth to be filed in the local Circuit Court rather than Franklin Circuit Court; in Section 10, change the penalty to $500 from $1000 for violations, and add prepayable fines for intentional and unintentional trespassing violations, and add penalty for continual trespassing and damage to property; add a section to clarify the legitimate use of property for timbering, oil, gas operations and mining; limit use of land outside the boundaries of the trail; limit the protection of the trail to the boundaries of the trail.
HFA (1, J. Turner) - Change the trail boundaries from the Bad Branch State Nature Preserve to the Pine Mountain State Resort Park from a 250 feet corridor to a 100 to 250 feet corridor.
HFA (2, J. Turner) - Change the trail boundaries from the Bad Branch State Nature Preserve to the Pine Mountain State Resort Park from a 250 feet corridor to a 100 to 250 feet corridor.
Jan 31-introduced in House
Feb 1-to Tourism Development and Energy (H)
Mar 5-posted in committee
Mar 13-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 14-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 15, 2002; floor amendment (2) filed to Committee Substitute, floor amendment (1) filed to bill
Mar 15-3rd reading, passed 94-1 with Committee Substitute, floor amendment (2)
Mar 18-received in Senate
Mar 21-to State and Local Government (S)
Mar 22-reported favorably, 1st reading, to Calendar
Mar 25-2nd reading, to Rules
Mar 26-posted for passage in the Regular Orders of the Day for Tuesday, March 26, 2002; 3rd reading, passed 34-1-1
Mar 27-received in House; enrolled, signed by each presiding officer; delivered to Governor
Mar 30-signed by Governor (Acts ch. 118)