SB 261

CHAPTER 192  1
  CHAPTER 192
  ( SB 261 )
      AN ACT relating to pedestrian swinging bridges.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
      Section 1. KRS 67.083 is amended to read as follows:
(1)   It is the purpose of this section to provide counties as units of general purpose local government with the
      necessary latitude and flexibility to provide and finance various governmental services within those functional
      areas specified in subsection (3) of this section, while the General Assembly retains full authority to prescribe
      and limit by statute local governmental activities when it deems the[such] action necessary.
(2)   The fiscal court of any county is hereby authorized to levy all taxes not in conflict with the Constitution and
      statutes of this Commonwealth[state] now or hereafter enacted.
(3)   The fiscal court shall have the power to carry out governmental functions necessary for the operation of the
      county. Except as otherwise provided by statute or the Kentucky Constitution, the fiscal court of any county
      may enact ordinances, issue regulations, levy taxes, issue bonds, appropriate funds, and employ personnel in
      performance of the following public functions:
      (a)   Control of animals[,] and abatement of public nuisances;
      (b)   Regulation of public gatherings;
      (c)   Public sanitation and vector control;
      (d)   Provision of hospitals, ambulance service, programs for the health and welfare of the aging and
  juveniles, and other public health facilities and services;
      (e)   Provision of corrections facilities and services, and programs for the confinement, care, and
  rehabilitation of juvenile law offenders;
      (f)   Provision of parks, nature preserves, swimming pools, recreation areas, libraries, museums, and other
  recreational and cultural facilities and programs;
      (g)   Provision of cemeteries and memorials;
      (h)   Conservation, preservation, and enhancement of natural resources including soils, water, air, vegetation,
  and wildlife;
      (i)   Control of floods;
      (j)   Facilitating the construction and purchase of new and existing housing; causing the repair or demolition
  of structures which present a hazard to public health, safety, or morals or are otherwise inimical to the
  welfare of residents of the county; causing the redevelopment of housing and related commercial,
  industrial, and service facilities in urban or rural areas; providing education and counseling services and
  technical assistance to present and future residents of publicly assisted housing;
      (k)   Planning, zoning, and subdivision control according to the provisions of KRS Chapter 100;
      (l)   Adoption, by reference or in full, of technical codes governing new construction, renovation, or
  maintenance of structures intended for human occupancy;
      (m)   Regulation of commerce for the protection and convenience of the public;
      (n)   Regulation of the sale of alcoholic beverages according to the provisions of KRS Chapters 241 to 244;
      (o)   Exclusive management of solid wastes by ordinance,[ or] contract, or[ by] both and disposition of
  abandoned vehicles;
      (p)   Provision of public buildings, including armories, necessary for the effective delivery of public
  services;
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2  ACTS OF THE GENERAL ASSEMBLY
      (q)    Cooperation with other units of government and private agencies for the provision of public services,
  including[,] but not limited to[,] training, educational services, and cooperative extension service
  programs;
      (r)    Provision of water,[ and] sewage, and garbage disposal service but not gas or electricity; including
  management of onsite sewage disposal systems;
      (s)    Licensing or franchising of cable television;
      (t)    Provision of streets and roads, bridges, tunnels and related facilities, elimination of grade crossings,
  provision of parking facilities, and enforcement of traffic and parking regulations;
      (u)    Provision of police and fire protection;
      (v)    Regulation of taxis, buses, and other passenger vehicles for hire;
      (w)    Provision and operation of air, rail and bus terminals, port facilities, and public transportation systems;
      (x)    Promotion of economic development of the county, directly or in cooperation with public or private
  agencies, including the provision of access roads, land and buildings, and promotion of tourism and
  conventions;
      (y)    Care and maintenance of pedestrian swinging bridges that are available for recreation and public
  enjoyment;
      (z)    Preservation of historic structures; and
      (aa)[(z)]     Regulation of establishments or commercial enterprises offering adult entertainment and adult
  entertainment activities.
(4)   The county judge/executive is hereby authorized and empowered to exercise all[ of] the executive powers
      pursuant to this section.
(5)   A county acting under authority of this section may assume, own, possess, and control assets, rights, and
      liabilities related to the functions and services of the county.
(6)   (a)    If a county is authorized to regulate an area which the Commonwealth[state] also regulates, the county
  government may regulate the area only by enacting ordinances which are consistent with state law or
  administrative regulation.[:]
      (b)[(a)]     If the state statute or administrative regulation prescribes a single standard of conduct, a county
  ordinance is consistent if it is identical to the state statute or administrative regulation.[;]
      (c)[(b)]       If the state statute or administrative regulation prescribes a minimal standard of conduct, a
  county ordinance is consistent if it establishes a standard which is the same as or more stringent than the
  state standard.[;]
      (d)[(c)]     A county government may adopt ordinances which incorporate by reference state statutes and
  administrative regulations in areas in which a county government is authorized to act.
(7)   County ordinances which prescribe penalties for their violation shall be enforced throughout the entire area of
      the county unless:
      (a)    Otherwise provided by statute; or
      (b)    The legislative body of any city within the county has adopted an ordinance pertaining to the same
  subject matter which is the same as or more stringent than the standards that are set forth in the county
  ordinance. The fiscal court shall forward a copy of each ordinance which is to be enforced throughout
  the entire area of the county to the mayor of each city in the county.
(8)   (a)    The powers granted to counties by this section shall be in addition to all other powers granted to
  counties by other provisions of law. These powers, other than the power to tax, may be exercised
  cooperatively by:
  1.     Two (2) or more counties;[, or by ]
  2.     A county and a city;[, or by ]
  3.     A county and a special district;[,] or[ by ]
  CHAPTER 192  3
  4.     A county and the Commonwealth[state] through, but not limited to, joint contracts, joint
  ownership of property, or the exchange of services, including personnel and equipment.
  When counties cooperate in the provision of public services, contracts shall be drawn to document the
  benefits and relative cost for each of the participating governments. One (1) government may pay one
  hundred percent (100%), or a lesser percentage, of all or any part of the cost of the joint undertaking,
  based upon the written contract required by this subsection.
      (b)    A permissive procedure authorized by this section shall not be deemed to be exclusive or to prohibit the
  exercise of other existing laws and laws which may hereafter be enacted but shall be an alternative or
  supplement thereto.
(9)   Any agency of county government exercising authority pursuant to subsection (3)(z)[(y)] of this section shall,
      prior to exercising the[such] authority, obtain the voluntary written consent of the owner of the structure.
      Consent may be obtained only after advising the owner in writing of any advantages and disadvantages to the
      owner which are likely to result from the exercise of the[such] authority.
      SECTION 2. A NEW SECTION OF KRS CHAPTER 82 IS CREATED TO READ AS FOLLOWS:
A city, unified local government, urban-county government, or consolidated local government of this
Commonwealth may expend public funds to provide for the care and maintenance of pedestrian swinging bridges
that are available for recreation and public enjoyment.
      Section 3. KRS 411.190 is amended to read as follows:
(1)   As used in this section:
      (a)    "Land" means land, rocks, boulders, cliffs, roads, water, watercourses, pedestrian swinging bridges,
  private ways and buildings, structures, and machinery or equipment when attached to the realty;
      (b)    "Owner" means the possessor of a fee, reversionary, or easement interest, a tenant, lessee, occupant,
  local government that expends public funds to maintain pedestrian swinging bridges that are
  available for recreation and public enjoyment, or person in control of the premises;
      (c)    "Recreational purpose" includes[,] but is not limited to[,] any of the following, or any combination
  thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, rock climbing, bouldering,
  rappelling, bicycling, horseback riding, pleasure driving, nature study, water-skiing, winter sports, and
  viewing or enjoying historical, archaeological, scenic, or scientific sites; and
      (d)    "Charge" means the admission price or fee asked in return for invitation or permission to enter or go
  upon the land but does not include fees for general use permits issued by a government agency for
  access to public lands if the permits are valid for a period of not less than thirty (30) days.
(2)   The purpose of this section is to encourage owners of land to make land and water areas available to the public
      for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
(3)   Except as specifically recognized by or provided in subsection (6) of this section, an owner of land owes no
      duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any
      warning of a dangerous condition, use, structure, or activity on the premises to persons entering for such
      purposes.
(4)   Except as specifically recognized by or provided in subsection (6) of this section, an owner of land who either
      directly or indirectly invites or permits without charge any person to use the property for recreation purposes
      does not thereby:
      (a)    Extend any assurance that the premises are safe for any purpose;
      (b)    Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or
      (c)    Assume responsibility for or incur liability for any injury to person or property caused by an act or
  omission of those persons.
(5)   Unless otherwise agreed in writing, the provisions of subsections (3) and (4) of this section shall be deemed
      applicable to the duties and liability of an owner of land leased to:
      (a)    The state or any subdivision thereof for recreational purposes; and
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      (b)    A local government that maintains one (1) or more pedestrian swinging bridges that are available for
  recreation and public enjoyment on the land.
(6)   [Nothing in ]This section shall not limit[limits] in any way any liability that[which] otherwise exists:
      (a)    For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or
  activity; or
      (b)    For injury suffered in any case where the owner of land charges the person or persons who enter or go
  on the land for the recreational use thereof, except that in the case of land leased to the state or a
  subdivision thereof, any consideration received by the owner for the lease shall not be deemed a charge
  within the meaning of this section.
(7)   [Nothing in ]This section shall not be construed to:
      (a)    Create a duty of care, a duty of protection from danger or risk to any individual or the public in
  general, or other ground of liability for injury to persons or property;
      (b)    Relieve any person using the land of another for recreational purposes from any obligation which he or
  she may have in the absence of this section to exercise care in his or her use of the land and in his or her
  activities thereon, or from the legal consequences of failure to employ such care; or
      (c)    Ripen into a claim for adverse possession[,] absent a claim of title or legal right.
(8)   An[No] action for the recovery of real property, including establishment of prescriptive easement, right-of-
      way, or adverse possession, shall not[may] be brought by any person whose claim is based on use solely for
      recreational purposes.
  Signed by Governor April 23, 2026.