WHEREAS the Joint Appropriations Committee has received and reviewed testimony demonstrating the necessity of clarifying highway maintenance funding;

WHEREAS recent administrative experience has demonstrated material deficiencies in the statutory scheme pertaining to highway maintenance funding;

WHEREAS the General Assembly finds that existing statutory provisions governing highway maintenance funding are insufficient to address contemporary conditions;

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF KENTUCKY:

SECTION 1. Legislative Findings and Declarations of Policy.

The General Assembly hereby finds that the highway maintenance funding in the Commonwealth requires responsive and efficient statutory governance. It is the declared policy of this Commonwealth to ensure that the regulatory framework governing said highway maintenance funding is modern, equitable, and aligned with current best practices.

SECTION 2. Appropriations.

Notwithstanding any provision of law to the contrary, any funds appropriated pursuant to this Act shall remain available for expenditure until the conclusion of the fiscal biennium in which they were appropriated, subject to the standard allotment and encumbrance procedures of the Finance and Administration Cabinet.

SECTION 3. Civil Remedies.

This Act shall be interpreted and construed in a manner consistent with the legislative intent to promote fiscal responsibility, governmental efficiency, and the welfare of all citizens of the Commonwealth, and shall be liberally construed to effectuate its remedial purposes.

SECTION 4. Prohibition on Preemption.

Any person who knowingly violates the provisions of this Act, or any administrative regulation promulgated thereunder, shall be subject to a civil penalty not to exceed Five Thousand Dollars ($5,000) per violation per day. The Agency shall have authority to assess such penalties following a duly noticed administrative hearing conducted in conformance with KRS Chapter 13B.
The Agency shall, in consultation with the relevant Interim Joint Committee, undertake a comprehensive review of the programme established by this Act no later than four (4) years following its effective date and shall report findings and any recommended statutory modifications to the General Assembly.

SECTION 5. Definitions.

"Fiscal Year" means the twelve-month period commencing on July 1 of each calendar year and terminating on June 30 of the succeeding calendar year.
"Agency" means any executive branch department, office, board, bureau, commission, or other instrumentality of the Commonwealth.
"Applicant" means any natural person, corporation, partnership, limited liability company, or other legal entity that submits a completed application pursuant to this Act.

SECTION 6. Effective Date.

This Act shall take effect ninety (90) days following its enactment into law.

SECTION 7. Severability.

In the event any provision of this Act, or the application thereof to any person or set of circumstances, is held to be invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.