HB 130

Bill Subjects

Advisory Boards, Commissions, And Committees Agriculture Effective Dates, Emergency Environment And Conservation Flood Control And Flooding Notices Public Works Special Districts Special Purpose Governmental Entities Taxation, Property Waterways And Dams

Abstract

Create a new section of KRS 262.700 to 262.795 to establish the procedure for the discontinuance of watershed conservancy district boards; allow any soil and water conservation district or fiscal court where the watershed conservancy district lies to initiate the discontinuance if the watershed conservancy board fails to meet over the course of one year or longer or fails to adopt and fund a budget; provide for public notice requirements; allow for a public hearing to be requested; require a vote on the discontinuance to be held by the body proposing the discontinuance within 30 days of the public hearing, or if no public hearing is requested, within 30 days of the expiration of the time period in which the public hearing could be requested; require that if the proposing body votes in favor of discontinuance, then all soil and water conservation districts and fiscal courts where any portion of the watershed conservancy district lies shall hold discontinuance votes within 30 days; provide that if all voting entities vote in favor of discontinuance or fail to vote, then the watershed conservancy district board shall be discontinued; provide that if the watershed conservancy district board is discontinued, then the watershed conservancy district shall remain intact and the landowners within the district shall continue to pay the watershed conservancy district tax to the soil and water conservation district or districts in which the watershed conservancy district lies; require the soil and water conservation district board or boards where the discontinued watershed conservancy district lies to assume all of the rights and responsibilities of the watershed conservancy district board; allow a discontinued watershed conservancy district board to be reestablished; amend KRS 147A.029 to allow soil and water conservation districts and watershed conservancy districts to use funds appropriated for the Local Match Participation Program for flood-related projects with federal government agencies, including the United States Department of Agriculture Natural Resources Conservation Service; amend KRS 262.240 to provide immunity to a supervisor serving on a soil and water conservation board; amend KRS 262.740 to provide immunity to a director serving on a watershed conservancy district board; amend KRS 262.742 to require that when a vacancy occurs on a watershed conservation district board, the board of the soil and water conservation district wherein the watershed conservancy district lies shall give public notice of the vacancy; amend KRS 262.760 to provide that if a watershed conservancy district fails to prepare and fund a budget within the first quarter of the year, the soil and water conservation district board or boards where the watershed conservancy district lies may prepare and fund a budget for the watershed conservancy district; amend KRS 262.793 to allow soil and water conservation board or boards who inherit funds and taxing authority from a discontinued watershed conservancy district board to make periodic adjustments to the revenues they collect and to spend the funds collected on the same works of improvement that are within the watershed conservancy district, even if they are outside of the soil and water conservation district collecting the revenue; repeal KRS 262.791 relating to district discontinuance; EMERGENCY.