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HB 761

AN ACT relating to riverport authorities and declaring an emergency.

2026 Regular Session Introduced by Matt Lehman and 1 co-sponsor

HB 761 strengthens riverport authorities by clarifying governance, ethics, and policy-making, expands purposes, and speeds implementation via an emergency declaration.

returned to Local Government (H)
#amusementsandrecreations #cities #counties #effectivedates #emergency #environmentandconservation #localgovernment #localmandate #publicethics #tourism #transportation #waterwaysanddams
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Bill Summary · HB 761

Summary of HB 761 (2026 Regular Session, Kentucky)

Purpose and intent

HB 761 amends the statutes governing riverport authorities in Kentucky. The bill establishes clearer rules for governance, authority, and ethics, while declaring an emergency to expedite the act’s effectiveness. Its overall aim is to strengthen oversight, clarify that riverport authorities must act as policy-makers (not delegate policy-making), broaden the scope of purposes for riverport authorities, and set governance standards for joint riverport authorities.

Key provisions and changes

  • Creation and structure of riverport authorities

    • Governmental units (cities, counties, or joint units) may establish a developmental riverport authority composed of six members, with the Transportation Cabinet providing oversight.
    • The authority is granted the legal capacity to sue, contract, and carry out duties under KRS 65.510 to 65.650, and to exercise related powers under KRS 58.010 to 58.140 or KRS 273.171 to 273.390, subject to the chapter’s limits.
    • The authority may enter into contracts with vendors to perform tasks but may not cede policy-making authority.

  • Overarching purposes and scope

    • The authority’s purposes expand to promote transportation, economic development, housing, recreation, education, governmental operations, culture, and research within its jurisdiction or economic environs.
    • It is authorized to establish, maintain, operate, and expand riverport and river navigation facilities, acquire and develop property, and create industrial parks to attract river-oriented industry.

  • Rates, charges, and appeals

    • The authority may set rates, charges, and fees for riverport use, considering factors such as capital investment, maintenance, expansion needs, user share, and usage volume.
    • Parties aggrieved by rates/fees can appeal to the Circuit Court within 90 days of final publication and notice. Appeals proceed as civil actions.

  • Property and asset powers

    • The authority may acquire real or personal property (by contract, lease, purchase, condemnation, etc.) for riverports, water navigation facilities, spoilage areas, storage for bulk materials, and industrial parks.
    • It may lease, sell, or convey property, and may condemn with local government consent, following Eminent Domain Act procedures.

  • Foreign trade zone and planning compliance

    • The authority may apply for and operate a foreign trade zone with approval from the Cabinet for Economic Development.
    • It must comply with general statutes on planning and land use, and with local planning unit guidelines unless otherwise agreed.

  • Membership and ethics (Section 3)

    • Details on appointment mechanisms for joint riverport authorities and staggered terms (four-year terms, with initial shorter terms for first appointments).
    • Requires adoption of a code of ethics for multi-county authorities, with the code filed with the Department for Local Government and each establishing county.
    • Prohibits conflicts of interest, outside employment, and certain financial entanglements for members and employees, including post-service restrictions.

  • Emergency declaration

    • The act proclaims an emergency for purposes of rapid implementation; it takes effect upon passage and Governor’s approval or when it otherwise becomes law.

Who is affected

  • Local governments establishing or operating riverport authorities (cities, counties, and joint city-county authorities).
  • Riverport authorities themselves, including their boards, staff, contractors, and contractors/vendors doing business with the authority.
  • Planning units and local governments overseeing planning and land-use compliance.

Procedural and timeline aspects

  • The bill outlines appointments, term lengths, and transition rules for authorities, including staggered initial terms.
  • Appeals regarding rates/fees must be filed within 90 days of publication/notice.
  • Codes of ethics must be adopted for multi-county authorities and filed with the appropriate state and local entities.
  • The emergency designation accelerates enactment and implementation.

Note: Local Government Mandate statements indicate no mandatory fiscal impact on local governments, though some provisions may carry optional fiscal implications if adopted.

Compiled from official sources — confirm details with the bill’s official record.

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